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HomeMy WebLinkAboutCC 2016-12-08 Agenda PacketCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com INCRRP 0RATED 7� is 96 ' 0 Meeting Agenda Thursday, December 08, 2016 2:00 PM Planning and Zoning City Hall City Commission Tomas Regalado, Mayor Keon Hardemon, Chair Ken Russell, Vice Chair Wifredo (Willy) Gort, Commissioner, District One Frank Carollo, Commissioner, District Three Francis Suarez, Commissioner, District Four Daniel J. Alfonso, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Agenda December 8, 2016 ANY PERSON WHO ACTS AS A LOBBYIST PURSUANT TO CITY OF MIAMI ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE, MUST REGISTER WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, AND COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK, CITY HALL. ANY PERSON OR ENTITY REQUESTING APPROVAL, RELIEF OR OTHER ACTION FROM THE CITY COMMISSION OR ANY OF ITS BOARDS, AUTHORITIES, AGENCIES, COUNCILS OR COMMITTEES CONCERNING ANY ISSUE, SHALL DISCLOSE IN WRITING, AT THE COMMENCEMENT (OR CONTINUANCE) OF THE HEARING(S) ON THE ISSUE THE FOLLOWING INFORMATION: 1. WHETHER ANY CONSIDERATION HAS BEEN 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; 2. TO WHOM THE CONSIDERATION HAS BEEN PROVIDED OR COMMITTED; 3. THE NATURE OF THE CONSIDERATION, AND 4. A DESCRIPTION OF WHAT IS BEING REQUESTED IN EXCHANGE FOR THE CONSIDERATION. THE DISCLOSURE FORM WHICH IS AVAILABLE FROM THE CITY CLERK MUST BE READ INTO THE RECORD BY THE REQUESTING PERSON OR ENTITY PRIOR TO SUBMISSION TO THE SECRETARY/CLERK OF THE RESPECTIVE BOARD. PURSUANT TO SECTION 4(g)(5) OF THE CHARTER OF MIAMI, FLORIDA, THE MAYOR MAY VETO CERTAIN ITEMS APPROVED BY THE CITY COMMISSION WITHIN TEN CALENDAR DAYS FOLLOWING THE COMMISSION ACTION. THE COMMISSION MAY, AFTER THE VETO OCCURS, OVERRIDE SUCH VETO BY A FOUR-FIFTHS VOTE OF THE COMMISSIONERS THEN PRESENT. ANY PERSON MAKING IMPERTINENT OR SLANDEROUS REMARKS OR WHO BECOMES BOISTEROUS WHILE ADDRESSING THE COMMISSION, SHALL BE BARRED FROM FURTHER AUDIENCE BEFORE THE COMMISSION BY THE PRESIDING OFFICER, UNLESS PERMISSION TO CONTINUE OR AGAIN ADDRESS THE COMMISSION BE GRANTED BY THE MAJORITY VOTE OF THE COMMISSION MEMBERS PRESENT. NO CLAPPING, APPLAUDING, HECKLING OR VERBAL OUTBURSTS IN SUPPORT OR OPPOSITION TO A SPEAKER OR HIS OR HER REMARKS SHALL BE PERMITTED. NO SIGNS OR PLACARDS SHALL BE ALLOWED IN THE COMMISSION CHAMBERS. PERSONS EXITING THE COMMISSION CHAMBER SHALL DO SO QUIETLY. THIS PRINTED AGENDA IS DISTRIBUTED AT LEAST FIVE DAYS BEFORE THE MEETING, AND THE MATERIAL IN CONNECTION WITH EACH ITEM APPEARING ON THE AGENDA IS AVAILABLE FOR INSPECTION DURING BUSINESS HOURS AT THE OFFICE OF THE CITY CLERK IN CITY HALL, AT AGENDA OFFICE/MIAMI RIVERSIDE CENTER, OR ON-LINE AT WWW.MIAMIGOV.COM. ANY PERSON WHO SEEKS TO ADDRESS THE CITY COMMISSION ON ANY PROPOSITION BEFORE THE CITY COMMISSION IS INVITED TO DO SO AND SHALL AS SOON AS POSSIBLE INFORM THE CITY CLERK OF HIS/HER DESIRE TO SPEAK, GIVING THE CITY CLERK HIS/HER NAME. AT THE TIME THE ITEM IS HEARD, THAT PERSON SHOULD APPROACH THE MICROPHONE AND WAIT TO BE RECOGNIZED BY THE PRESIDING OFFICER. City ofMiami Page 2 Printed on 11/29/2016 City Commission Meeting Agenda December 8, 2016 Formal action may be taken on any item discussed or added to this Agenda. Any person, or persons, wishing to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, will require a verbatim record of the proceeding upon which the appeal is based. Any person with a disability requiring auxiliary aids and services for meetings may call the City Clerk's Office, 305-250-5361, with requests at least two business days before the meeting date. * * * * * * * * * * * * * * * * * * * * * The City Commission has established a policy that the lunch recess will begin at the conclusion of deliberations of the agenda item being considered at Noon; further, that Commission meetings shall adjourn (a) at the conclusion of deliberation of the agenda item being considered at 10:00 p.m., unless the time is extended by unanimous agreement of the members of the City Commission then present or (b) at the conclusion of the regularly scheduled agenda, whichever occurs first. This rule does not apply when the City Commission is engaged in its annual budget hearings (Ordinance 12586). City ofMiami Page 3 Printed on 11/29/2016 City Commission Meeting Agenda December 8, 2016 CALL TO ORDER PART B: PZ - PLANNING AND ZONING ITEM(S) The following item(s) shall not be considered before 2:00 PM PZ.1 ORDINANCE First Reading 1232 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF Planning and Zoning MIAMI, FLORIDA, AMENDING ARTICLE 3, SECTION 3.6, ENTITLED OFF-STREET PARKING AND LOADING STANDARDS"; ESTABLISHING SUBSECTION 3.6.1(F); CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami PURPOSE: This will amend Article 3, adding Section 3.6.1 (f) to the Zoning Ordinance, in order to allow a T3 property to satisfy some of the parking requirements of a T6 or T5 property, through the Exception process, presuming certain criteria are met. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval with condition(s) on September 21, 2016, by a vote of 7-0. 60 -day Public Comment Period: August 31, 2016 - October 29, 2016 Note for the Record: File ID 16-01159zt in Legistar File ID 1232 - PZAB Resolution File ID 1232 - PZAB 09-21-16 Staff Maps History: 11/17/16 City Commission CONTINUED Next: 12/08/16 RESULT: CONTINUED [UNANIMOUS] Next: 12/8/2016 2:00 PM MOVER: Francis Suarez, Commissioner, District Four SECONDER: Frank Carollo, Commissioner, District Three AYES: Hardemon, Russell, Gort, Carollo, Suarez City ofMiami Page 4 Printed on 11/29/2016 City Commission Meeting Agenda December 8, 2016 PZ.2 ORDINANCE Second Reading 1228 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF Planning and Zoning MIAMI, FLORIDA, BY AMENDING ARTICLE 4, ENTITLED STANDARDS AND TABLES", AND ARTICLE 5, ENTITLED SPECIFIC TO ZONES", TO REVISE LOT AREA AND LOT WIDTH MINIMUMS AND MAXIMUMS FOR T4, T5, AND T6 TRANSECT ZONES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami PURPOSE: This will modify minimum and maximum lot area and widths in order to encourage appropriate development based on density and intensity regulations. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on September 2, 2015, by a vote of 7-1. CITY COMMISSION: First Reading passed on October 22, 2015. Second Reading continued from November 19, 2015, January 28, 2016, March 24, 2016, May 26, 2016, September 22, 2016, October 27, 2016 and November 17, 2016 to December 8, 2016. 15 -day Public Comment Period: August 31, 2016 - September 14, 2016 Note for the Record: File ID 15-00924zt in Legistar File ID 1228 - Exhibit File ID 1228 - PZAB Resolution File ID 1228 - Blank Page File ID 1228 - Public Comments History 11/17/16 City Commission CONTINUED Next: 12/08/16 RESULT: CONTINUED [UNANIMOUS] Next: 12/8/2016 2:00 PM MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner, District One AYES: Keon Hardemon, Ken Russell, Wifredo (Willy) Gort ABSENT: Frank Carollo, Francis Suarez City ofMiami Page 5 Printed on 11/29/2016 City Commission Meeting Agenda December 8, 2016 PZ.3 ORDINANCE Second Reading 1231 AN ORDINANCE OF THE MIAMI CITY COMMISSION TO AMEND Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF Planning and Zoning MIAMI, MORE SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.2, ENTITLED "DEFINITION OF TERMS", TO ADD MICROBREWERY; AND BY AMENDING ARTICLE 6, TO ADD SECTION 6.3.6, ENTITLED "MICROBREWERIES"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami. PURPOSE: This will modify Article 1 of the Miami 21 Zoning Code, more specifically by adding the definition of "Microbrewery" in Article 1, Section 1.2. This will also amend Article 6 of the Miami 21 Zoning Code to establish supplemental regulations for Microbreweries, to be permitted as Alcohol Service Establishments, only in Cultural Specialty Districts. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on September 21, 2016, by a vote of 7-0. 60 -day Public Comment Period: August 31, 2016 — October 29, 2016 Note for the Record: File ID 16-01066zt in Legistar File ID 1231 - PZAB Resolution File ID 1231 - Supporting Docs History: 11/17/16 City Commission PASSED ON FIRST READING RESULT: MOVER: SECONDER AYES: PASSED ON FIRST READING [UNANIMOUS] Francis Suarez, Commissioner, District Four Ken Russell, Vice Chair Hardemon, Russell, Gort, Carollo, Suarez City ofMiami Page 6 Printed on 11/29/2016 City Commission Meeting Agenda December 8, 2016 PZA ORDINANCE Second Reading 1220 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING THE DOWNTOWN MIAMI Planning and Zoning DEVELOPMENT OF REGIONAL IMPACT ("DDRI"), ENCOMPASSING File ID 1220 - AN AREA OF THE CITY OF MIAMI ("CITY") UNDER THE File ID 1220 - JURISDICTION OF THE DOWNTOWN DEVELOPMENT AUTHORITY File ID 1220 - ("DDA") WITH THE EXCEPTION OF THE AREA ENCOMPASSING THE City ofMiami File ID 1220 - SOUTHEAST OVERTOWN PARK WEST DEVELOPMENT OF File ID 1220 - REGIONAL IMPACT ("SEOPW DRI"), AS MORE PARTICULARLY DESCRIBED HEREIN, PURSUANT TO AN APPLICATION FOR DEVELOPMENT APPROVAL PROPOSED BY THE DDA; AUTHORIZING AN INCREMENT III DEVELOPMENT ORDER; APPROVING SAID DDRI AFTER CONSIDERING THE REPORT AND RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL AND THE CITY'S PLANNING, ZONING AND APPEALS BOARD, SUBJECT TO THE CONDITIONS OF THE INCREMENT III DEVELOPMENT ORDER ATTACHED HERETO AS "EXHIBIT A", THE APPLICATION FOR DEVELOPMENT APPROVAL, INCORPORATED HEREIN BY REFERENCE, AND THE REPORT AND RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL, INCORPORATED HEREIN BY REFERENCE; MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW; PROVIDING THAT THE INCREMENT III DEVELOPMENT ORDER SHALL BE BINDING ON THE APPLICANT AND SUCCESSORS IN INTEREST; DIRECTING TRANSMITTAL OF CERTIFIED COPIES OF THIS RESOLUTION AND THE AMENDED DDRI INCREMENT III DEVELOPMENT ORDER TO AFFECTED AGENCIES AND THE APPLICANT AS DESIGNATED HEREIN; DIRECTING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO FULFILL THE CITY'S OBLIGATIONS UNDER THE INCREMENT III DEVELOPMENT ORDER; PROVIDING FOR A TERMINATION DATE; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami and The Downtown Development Authority ("DDA") as co - applicant PURPOSE: This will amend the Downtown Development of Regional Impact ("DRI") by authorizing an Increment III Development Order. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on September 7, 2016, by a vote of 9-1. 60 -day Public Comment Period: September 14, 2016 - November 12, 2016 Note for the Record: File ID 16-00896 in Legistar File ID 1220 - Increment III DO Exhibit A File ID 1220 - Exhibit A File ID 1220 - Exhibit B File ID 1220 - Exhibit C File ID 1220 - Exhibit D City ofMiami File ID 1220 - 60Mblt E Printed on 11/29/2016 File ID 1220 - PZAB Resolution City Commission Meeting Agenda December 8, 2016 History: 11/17/16 City Commission PASSED ON FIRST READING RESULT: PASSED ON FIRST READING [UNANIMOUS] MOVER: Ken Russell, Vice Chair SECONDER: Francis Suarez, Commissioner, District Four AYES: Keon Hardemon, Ken Russell, Wifredo (Willy) Gort, Francis Suarez ABSENT: Frank Carollo City of Miami Page 8 Printed on 11/29/2016 City Commission Meeting Agenda December 8, 2016 PZ.5 ORDINANCE First Reading 1314 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning and Zoning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF .158± ACRES OF REAL PROPERTY LOCATED AT APPROXIMATELY 28 NORTHWEST 30 STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "GENERAL COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: 28 NW 30th Street [Commissioner Keon Hardemon- District 5] APPLICANT(S): Steven J. Wernick on behalf of 2994 NMA Gateway Properties LLC. PURPOSE: The applicant is seeking a change in the land use designation for one parcel from "Medium Density Multifamily Residential" to "General Commercial." FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on October 19, 2016, by a vote of 5-3. CITY COMMISSION: First Reading scheduled for December 8, 2016. Note for the Record: File ID 16-01017lu in Legistar / Companion to File ID 1315 File ID 1314 - Exhibit File ID 1314 (1162) - PZAB Resolution File ID 1314 - Analysis & Maps File ID 1314 - Application & Supporting Docs City ofMiami Page 9 Printed on 11/29/2016 City Commission Meeting Agenda December 8, 2016 PZ.6 ORDINANCE First Reading 1315 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning and Zoning NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 26 NORTHWEST 30 STREET AND 28 NORTHWEST 30 STREET, MIAMI, FLORIDA FROM "75-0", URBAN CENTER TRANSECT ZONE -OPEN, TO "76-8-0", URBAN CORE TRANSECT ZONE -OPEN; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: 26 NW 30th Street and 28 NW 30th Street [Commissioner Keon Hardemon- District 5] APPLICANT(S): Steven J. Wernick on behalf of 2994 NMA Gateway Properties LLC. PURPOSE: The applicant is seeking approval for the zoning change of two parcels from "75-0" Urban Center Transect Zone to "T6-8-0" Urban Core Transect Zone. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Recommended denial on October 19, 2016, by a vote of 5-3. CITY COMMISSION: First Reading scheduled for December 8, 2016. Note for the Record: File ID 16-01017zc in Legistar / Companion to File ID 1314 File ID 1315 - Exhibit File ID 1315 (1164) - PZAB Resolution File ID 1315 - Restrictive Covenant (Submittal at PZAB) File ID 1315 - Analysis & Maps File ID 1315 - Application & Supporting Docs City ofMiami Page 10 Printed on 11/29/2016 City Commission Meeting Agenda December 8, 2016 PZ.7 ORDINANCE First Reading 1288 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE Planning and Zoning MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE MAP DESIGNATION OF REAL PROPERTY LOCATED AT APPROXIMATELY 20 SOUTHEAST 10 STREET, MIAMI, FLORIDA, FROM "RESTRICTED COMMERCIAL" WITH AN URBAN CENTRAL BUSINESS DISTRICT ("UCBD") OVERLAY TO "PUBLIC PARKS AND RECREATION" WITH AN "UCBD" OVERLAY, THUS REPEALING ORDINANCE NO. 13396, ADOPTED ON JUNE 27, 2013; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. LOCATION: 20 S.E. 10 Street [Commissioner Ken Russell - District 2] APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of City of Miami PURPOSE: Changing the land use designation from "Restricted Commercial" with an Urban Central District "UCBD" Overlay to "Public Parks and Recreation", thus repealing Ordinance No. 13396. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on October 19, 2016, by a vote of 7-1. CITY COMMISSION: First Reading scheduled for December 8, 2016. Note for the Record: ITEM TO BE CONTINUED TO JANUARY 26, 2017 / Companion to File ID 1289 File ID 1288 (1091) - PZAB Resolution File ID 1288 - Analysis & Maps City ofMiami Page 11 Printed on 11/29/2016 City Commission Meeting Agenda December 8, 2016 PZ.8 ORDINANCE First Reading 1289 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning and Zoning NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF THE PROPERTY LOCATED AT APPROXIMATELY 20 SOUTHEAST 10 STREET, MIAMI FLORIDA FROM "76-4813-0", URBAN CORE TRANSECT ZONE -OPEN, TO "CS", CIVIC SPACE TRANSECT ZONE, THUS REPEALING ORDINANCE NO. 13397, ADOPTED ON JUNE 27, 2013; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. LOCATION: 20 SE 10 Street [Commissioner Ken Russell - District 2] APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on October 19, 2016, by a vote of 7-1. CITY COMMISSION: First Reading scheduled for December 8, 2016. PURPOSE: Changing the zoning classification from "T6 -48B-0" to "CS", thus repealing Ordinance No. 13397. Note for the Record: ITEM TO BE CONTINUED TO JANUARY 26, 2017 / Companion to File ID 1288 File ID 1289 (1118) - PZAB Resolution File ID 1289 - Analysis & Maps END OF PLANNING AND ZONING ITEM(S) City ofMiami Page 12 Printed on 11/29/2016 City Commission Meeting Agenda December 8, 2016 FL - FUTURE LEGISLATION Pursuant to Resolution R-16-0303, any amendment to the City of Miami Code, or Text Amendment to the Miami 21 Code, sponsored or co-sponsored by the City Administration shall be published at least sixty (60) days prior to First Reading for public comment in the "Future Legislation" section of the City Commission agenda. Items placed in the Future Legislation section shall require no action from the City Commission. The public may submit their comments to futurelegislation(d_)miamigov.com Comments shall be accepted through the period indicated under each Ordinance. Once the public comment period has closed, said public comments shall be included as supporting documentation to the legislation. The public comment period shall re -open for fifteen (15) days for additional public comment after the proposed amendment is published after first reading. (Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request or published pursuant to Resolution R-16-0303, do not send electronic mail to this entity. Instead, contact the City Commission or City Administration by phone or in writing.) END OF FUTURE LEGISLATION City ofMiami Page 13 Printed on 11/29/2016 CITY COMMISSION FACT SHEET File ID: (ID # 1232) Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AMENDING ARTICLE 3, SECTION 3.6, ENTITLED "OFF-STREET PARKING AND LOADING STANDARDS"; ESTABLISHING SUBSECTION 3.6.1(F); CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami PURPOSE: This will amend Article 3, adding Section 3.6.1 (f) to the Zoning Ordinance, in order to allow a T3 property to satisfy some of the parking requirements of a T6 or T5 property, through the Exception process, presuming certain criteria are met. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval with condition(s) on September 21, 2016, by a vote of 7-0. 60 -day Public Comment Period: August 31, 2016 - October 29, 2016 City of Miami Legislation Ordinance File Number: 1232 City Hall 3500 Pan Ameican Drive Miami, FL 33133 www.miamigov.com Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AMENDING ARTICLE 3, SECTION 3.6, ENTITLED "OFF-STREET PARKING AND LOADING STANDARDS"; ESTABLISHING SUBSECTION 3.6.1(F); CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 22, 2009, Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida was adopted as the City of Miami's Zoning Ordinance ("Miami 21 Code"); and WHEREAS, Article 3, Section 3.6 of the Miami 21 Code, entitled "Off -Street Parking and Loading Standards", codifies Off -Street Parking regulations for the City of Miami ("City"); and WHEREAS, the Miami 21 Code currently precludes utilizing properties in T3 Transect Zones to satisfy the parking requirement of abutting properties in T5 or T6 Transect Zones; and WHEREAS, approximately twenty percent (20%) of properties in T6 Transect Zones in the City of Miami ("City") abut properties in T3 Transect Zones; and WHEREAS, providing parking for the uses of a property in T5 or T6 Transect Zones in an abutting property in T3 Transect Zones can be responsibly achieved through the establishment of criteria sensitive to the form of T3 Transect Zones; and WHEREAS, it has been determined that adding Section 3.6.1(f) is required to establish this criteria; and WHEREAS, the Planning, Zoning, and Appeals Board ("PZAB"), at its meeting on September 21, 2016, Item No. PZAB.3, following an advertised hearing, adopted Resolution No. PZAB-R-16-050 by a vote of seven to zero (7-0), recommending approval, with a condition, of this item to the City Commission; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City and its residents to amend the Miami 21 Code as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Miami 21 Code is hereby amended by making modifications to Article 3 in the following particulars:' 1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted an unchanged material. ARTICLE 3. GENERAL TO ZONES 3.6 OFF-STREET PARKING AND LOADING STANDARDS 3.6.1 Off-street Parking Standards f. New parking facilities that are incidental and subordinate to a principal Use in certain T5 or T6 Transect Zones may be provided on an abutting property in a T3 Transect Zone if they are located in an auxiliary aarkina area. and the followina criteria are met: 1. The property in the T3 Transect Zone and the property in the T5 or T6 Transect Zone shall be joined by a Unity of Title. 2. The parking facilities on the property in the T3 Transect Zone shall only be accessible through the property in the T5 or T6 Transect Zone. 3. There is a preference for underground parking, and if the parking facility proposed on the property in the T3 Transect Zone is not underground, the applicant shall state the reason in the application. 4. Any Parking Structure built on the property in the T3 Transect Zone shall conform to the form based standards of the T3 Transect Zone, excluding the provisions of Article 5, Section 5.3.4(c) of this Code. 5. Any Parking Structure on the unified site shall be lined and shall be buffered from surrounding Uses with landscaping consistent with Civic Space standards set forth in Article 4, Table 7 of this Code. 6. No parking shall be provided on the unified site in excess of the required minimum parking as set forth in this Code or Chapter 35 of the City Code, as applicable. 7. Compliance with these standards shall be reviewed by process of Exception. 8. Auxiliary parking areas shall be limited to Coral Way between Southwest 27th Avenue and Southwest 13th Avenue. Section 3. Pursuant to the PZAB recommendation, the following condition is incorporated: A super -majority vote of the City Commission is required to modify any text amendments to add additional corridors to Section 3.6.1(f)(8). Section 4. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Miami 21 Code, which provisions may be renumbered or relettered and that the word 'ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 6. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: i , ria i " nd- eez T�iity ttor iey 11/7/2016 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. u10 O -0I IMP Miami Planning, Zoning and Appeals Board File ID 16-01159zt September 21, 2016 Item PZAB.3 Ms. Maria Lievano-Cruz offered the following resolution and moved its adoption: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL WITH CONDITION(S) OF AN ORDINANCE OF THE MIAMI CITY COMMISSION OF AN AMENDMENT TO ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AMENDING ARTICLE 3.6, ENTITLED "OFF-STREET PARKING AND LOADING STANDARDS"; ADDING SUBSECTION 3.6.1 (f); CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Upon being seconded by Mr. Adam Gersten the motion passed and was adopted, as amended, by a vote of 7-0: Ms. Jennifer Ocana Barnes Mr. Chris Collins Ms. Maria Lievano-Cruz Mr. Charles A. Garavaglia Mr. Adam Gersten Ms. Maria Beatriz Gutierrez Mr. Daniel Milian Mr. Juvenal Piha Ms. Melody L. Torrens Mr. Manuel J. Vadillo Fran isco arcia, Director Plannl and Zoning Department STATE OF FLORIDA ) COUNTY OF MIAMI-DADE Absent Absent Yes Yes Yes Absent Yes Yes Yes Yes 0 Execu i n Dat , (� Personally appeared before me, the undersigned authority, Olga Zamora, Clerk of the Planning, Zoning and Appeals Board of the City of Miami, Florida, and acknowledges that he executed the foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS DAY OF EC2016. Print Notary Name Notary Public State of Florid Personally know or Produced I.D. My Commission Expires: Type and number of I.D. produced Did take an oath or Did not take an oath BEATRIZAI,VARBZ MY COMMISSION Ii FF 071860 ', oa EXPIRES; November 20, 2017 Page 1 of 2 Bonded Thra Notary PoWb Underwriters 1. A super -majority vote of the City Commission is required to modify any text amendments to add additional corridors to this legislation. Page 2 of 2 PLANNING, ZONING AND APPEALS BOARD Department of Planning and Zoning E Auxiliary parking, area of applicability: m N 0 x ;LLAPATTAH O cm 1 Miami International u C Airport N j .. j N w,ri — y�OrrhF" ry N ,Grapeland Water Park ri% " -� e� - � �.. n F*ax AmericanAirlines Aren:, g Q B f4 NW nn sr TT E Marlins Park Westchester c���i nay Coral Terrace azfi 959 West Miami UrW Viey Corn) W., Venetian Pool Biltmore Hotel Miami Coral Gables 9Tfi LI L HAVANA ; Bayfront Parkco Amphitheatre O O WFlegler St ®ti} DOWNTOWN J r D r ar CD 0 °' _ e m M1am (D a / r aP e ✓ M CORAL WAY 04 r 953 \� LL Vizcaya Museum a & Gardens V }; d . O NORTHEAST COCONUT stud are GROVE °>;� Miami Sr 4� u a �y, � a COCONUT { 1 PLANNING, ZONING AND APPEALS BOARD Department of Planning and Zoning Auxiliary parking, area of applicability: r 73 1) I SW 16TH ST Q + � M SW 16741 ST S� SW 16TH TER T a d SW 17TH ST 14 �, SW 16TH TER < 13-k SW 17TH ST R �S -' SW 17TH ST c SW 17TH TER ` I D SW WTH ALV -' SW 17TH TER m3SW 17TH ST w SW 17TH TER —~ SW 17TH TER a r` I SW 18TH ST x ,r SW 18TH ST I LL y4ni 1RTV1 S-, 9 SW 1RT.1{ ST 2 "1_.-...._. I ^ w Ell. < SW;19TH STFN SW 19TH TER > SVJ 19TH TFR — CI �II i , 19TH 'FK -1 = 7 T3 -04,t4 u' •' + y < I �L CI- i•.` SW 20TH ST _U�u d SAF TH ! SW 2,ITl � ti . �� z+_C'� i SL^J 21 ST ST `2 •� 7 h SW 71 ST ST - L _ h _ L J -c) ` 21S Tr�TT-R.:4�21 sT-=ft 77F2All - T6 -8 -QS ' ? :iW 22ND TERM ' - sw 22nD TER 1 SW 23RD ST i < SW 73RD ST 73-0 SEEpE Ty4 r jF. 23RD•S 1 SW 23RL; Tf k z 1,W 23RD TER ,�.r1 •:^ c3Rr TER "A. 2 i7 ST yF40RFi.OR T3 -R,, L IJ�! T4 -R :7H 5 F1 T4-0' F 7 { SW 24TV1 TER T6 <` 41 9iL A 9 II v SW 25TH ST `NFP SW 25TH ST I •, c R ...: c:.il\x4E.• �O S O f, ., I SW25TH-TE9C D �! SW 25TH TER SW 25TH -TER GD 7342 v 9TF T --! QN = t�Q Z Gi' b:v 25TH TFR P SW 26TH ST 2 KFF:N 7s� 4:N T4-0 0 OPECHEE DR- 76TM a� d L 4-� 0 z X C N M N T- CITY COMMISSION FACT SHEET File ID: (ID # 1228) Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 4, ENTITLED "STANDARDS AND TABLES", AND ARTICLE 5, ENTITLED "SPECIFIC TO ZONES", TO REVISE LOT AREA AND LOT WIDTH MINIMUMS AND MAXIMUMS FOR T4, T5, AND T6 TRANSECT ZONES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami PURPOSE: This will modify minimum and maximum lot area and widths in order to encourage appropriate development based on density and intensity regulations. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on September 2, 2015, by a vote of 7-1. CITY COMMISSION: First Reading passed on October 22, 2015. Second Reading continued from November 19, 2015, January 28, 2016, March 24, 2016, May 26, 2016, September 22, 2016, October 27, 2016 and November 17, 2016 to December 8, 2016. 15 -day Public Comment Period: August 31, 2016 - September 14, 2016 City of Miami Legislation Ordinance File Number: 1228 City Hall 3500 Pan Ameican Drive Miami, FL 33133 www.miamigov.com Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 4, ENTITLED "STANDARDS AND TABLES", AND ARTICLE 5, ENTITLED "SPECIFIC TO ZONES", TO REVISE LOT AREA AND LOT WIDTH MINIMUMS AND MAXIMUMS FOR T4, T5, AND T6 TRANSECT ZONES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114, the Miami 21 Code, the Zoning Ordinance for the City of Miami, as amended ("Miami 21 Code"); and WHEREAS, the Miami 21 Code sets forth minimum and maximum thresholds for proper lot regulations that are established for the appropriate development of each lot; and WHEREAS, the Planning and Zoning Department ("Department") carefully analyzed these thresholds given the existing conditions, present regulations, and development patterns; and WHEREAS, based on this analysis, the Department recommends these thresholds be modified in order to calibrate appropriate development under each Transect Zone designation; and WHEREAS, the Department recommends modifications to the Lot Area and Lot Width requirements within the T4, T5, and T6 Transect Zones, enumerated in Article 4, Table 2 and Article 5, Illustrations 5.4 through 5.6, as further depicted in "Exhibit A", attached and incorporated; and WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB"), at its meeting on September 2, 2015, following an advertised public hearing, adopted Resolution No. PZAB-R-15- 055 by a vote of seven to one (7-1), item no. 2, recommending approval of this item to the City Commission; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its citizens to amend the Miami 21 Code as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA, AS FOLLOWS: Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The Miami 21 Code is hereby amended by making modifications in the following particulars:' "ARTICLE 4. STANDARDS AND TABLES TABLE 2 - MIAMI 21 SUMMARY * * * Lot Occupation a. Lot Area T4 1,400 s.f. - 20,000 s.f** 10,000 s.f. min. - 20,000 s.f. max. ** T5 1,200 s.f. 40,000 10,000 s.f. min. - 40,000 s.f. max. ** T6-8 5,000 s.f. min. 40,0-0-0- s.f. 20,000 s.f. min. - 50,000 s.f. max. ** T6-12 5,000 G.f.MiA. 20,000 s. f. min - 70,000 s.f. max.** T6-24 5-000-s:f�. 10^�C-) G. 30,000 s.f. min.** T6-36 5,000 c.f. min 30,000 s.f. min. ** T6-48 5,000 G.f. n,in 30,000 s.f. min. ** T6-60 5,999 &f. Min 30,000 s.f. min. ** T6-80 5,999 c f min 30,000 s.f. min. ** * * * b. Lot Width * * * T4 16 ft. rte;,, -50 ft. 100 ft. min. ** T5 16 f+ min 150 f+ 100 ft. min. ** T6-8 50Tt. Fni= R—.* 100 ft. min. ** T6-12 50 ft. mom ** 150 ft. min. ** ' Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. T6-24 50Tt. PAA T6-36 , Q ft. min. T6-48 Q ft. mip. T6-60 A Ov ft. PA 0T T6-80 , Q ft. m. i P. ARTICLE 5. SPECIFIC TO ZONES 200 ft. min. ** 200 ft. min. ** 200 ft. min. ** ILLUSTRATION 5.4 GENERAL URBAN TRANSECT ZONES (T4) a. Lot Area 5,000-10,000 s.f. min.; 20,000 40,000 s.f. max. \A/i4h roar iohiniil�r �nnocc 1,400 s.f. 20,000 �..pn-ax. b. Lot Width 5,0-100 ft. min. \A/i4h roar uphor" ";;r�nnocc 1 Q f4 mrrtin �-v-r�-rrr. ILLLUSTRATION 5.5 URBAN CENTER TRANSECT ZONES (T5) a. Lot Area5,000-10,000 s.f. min.; 40,000 s.f. max. \A/i4h roar iohiniil�r �nnocc 1,200 s.f. min.; 40,0000-s f max� b. Lot Width 5.0-100 ft min. \A/iohiniil�r �nnocc 1R f4 min �-v-r�-rrrrrr. ILLUSTRATION 5.6 URBAN CORE TRANSECT ZONES (T6-8) a. Lot Area5,000.20,000 s.f. min.; 40,000 50,000 s.f. max. b. Lot Width 5100 ft. min. ILLUSTRATION 5.6 URBAN CORE TRANSECT ZONES (T6-12) a. Lot Area5,000-20,000 s.f. min.; 70,000 s.f. max. b. Lot Width 5150 ft. min. ILLUSTRATION 5.6 URBAN CORE TRANSECT ZONES (T6-24) a. Lot Area5,900 30,000 s.f. min.; . b. Lot Width 58 200 ft. min. ILLUSTRATION 5.6 URBAN CORE TRANSECT ZONES (T6-36) a. Lot Area5-,Q00 30,000 s.f. min. b. Lot Width 400 200 ft. min. ILLUSTRATION 5.6 URBAN CORE TRANSECT ZONES (T6-48) a. Lot Area54,)-09 30,000 s.f. min. b. Lot Width 400 200 ft. min. ILLUSTRATION 5.6 URBAN CORE TRANSECT ZONES (T6-60) a. Lot Area&,4W 30,000 s.f. min. b. Lot Width 499 200 ft. min. ILLUSTRATION 5.6 URBAN CORE TRANSECT ZONES (T6-80) a. Lot Area54,999 30,000 s.f. min. b. Lot Width 4-99 200 ft. min. [SEE EXHIBIT A FOR CHANGES ABOVE REFLECTED IN THE MIAMI 21 CODE TABLES] Section 3. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Miami 21 Code, which provisions may be renumbered or relettered and that the word 'ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 5. This Ordinance shall become effective 30 days after final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: r i ria4i-ndeC Attor ey � z, 11/5/2016 2 This Ordinance shall become effective as specified unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated, whichever is later. EXHIBIT A MIAMI 21 ARTICLE 4. TABLE 2 MIAMI 21 SUMMARY AS ADOPTED - MAY 2015 R U R A L I I I I I I I I I I I I 1 I 1 1 I I I I i i I I I 1 I I I I I I I I I I 1 I I I I a int Area permdPad petioled 5,000 SJ.. mlrr. 1,408 0. *0W s4. 1 48,09 S " SMOOO 9, min SM000 St. min. f. ntin1 woo 777- c. Side 5 fL min.- 014 min. f 5 It min." d Rear 1HOD S.1 min 20AO0 s.f. max"' 10000 f ar it 40.000 af. max 4¢0,000 s.f, max." 70.000 0. Max.- i ea6BB s.hv .. - b. Lal W1dth 20 ft min. (T3L only) 30 It min, 50 ft min, **-nNJDD It 4Bi "Ott 32Q0 ft $IN fL min. ISOfL min. 52QOft min. d. Rear 5 ft min. (T3 L only] 5 ft min. PRIVATE FRONTAGES min." mirk— prohibited t pardbd 955, 75 of aLot Coaarago partnitted IT612 t, rM20j pwrthed (T&24 L, T624 50%max.lstiloor 60% max. W% max. 80%nw." 80%max.- 80% max, - pemlihad - pamttrad perrrllw 30% malt 2nd Floor for h. Arcade 00 N parmbed- pemuilad" N r T3 R & T31. only BUILDING HFJGHT (Stories) d. Root Lot Ratio (FLR) r� Q a Pdndpal Buidir)q 2 max 5125%additional Public 8130% addiltional Public a. 7130% additional 2 min. 8 max. 2 min. 12 rnax 2min. 24 max. h. Oumulldi g 2 max. Boat Benefit PuNc Benefit or b.161 a Benefit Height AbmAdng T8. T5& T4 only 40%addi6oreal Public 4 max." 8 max." 24 max— THOROUGHFARES t Bow— a Finatage at front Setback _ 50% min. 70% min. 70% min. 70% min. 70%m1n, f.GmnIOpen Space Reauimawle prohibited proNbited 25% LotArea min. 15%LotAreamin, 10% Lot Area 6n. 10% tot Area min, 10% LotArea min. 10% Lot Area min. g. Density 9-18 dulacre max." 35du1arae max: 85 dulacre max ISO du lacre 150 du leave' 150 du (acre' BUILDING SETBACK permdPad petioled a Praxaipel FrcwA 20 ft mill. 10ftmin. b. Secondary front 1OR. min. .. 10 f mini: c. Side 5 fL min.- 014 min. f 5 It min." d Rear 20 R min. 20 ft nun OUTBUILDING SETBACK OR min." 0ftmin" a Pdndpal Front 20 ft min. (T3L only) 30 It min, b. Secondary Front 10 ft min. (T3 L o6y) 10 ft min. c. aide V 5 ft. min, (T3 L onW 0 ft min. 15 R. min. d. Rear 5 ft min. (T3 L only] 5 ft min. PRIVATE FRONTAGES = d f. ShWronl i d a Common Lawm permdPad petioled prohibited O N 1Oft min. 10ftmim 10ftmn. 1Oft min pennitted 10 ft non. 10 ft min. 10 ft min. 10 ftmin. N 0fLm1n." OR min." 0ftmin" Oft min." N r Oft min." 0 R min.- OR min" O it m5m.- a. stoup prohibbd pernmrod pemilted pemnitted permitted permhed = d f. ShWronl prohibited t pardbd 955, 75 of pem*Wd (TU L, T&a 0) partnitted IT612 t, rM20j pwrthed (T&24 L, T624 x W g. Gallery prohibited pmhibited P- toad" pemlihad - pamttrad perrrllw t V h. Arcade 00 N parmbed- pemuilad" N r a Common Lawm permdPad petioled prohibited prohwA prohibited prohibited Q b. Pone, & Fence pennitted permitted prohibited probibited prohibited prohibited d c. Terrane w LC. d. Fwecoun -prohibited pmhlbited permitted permitted prohibited pemnted proNbited Wn ted prohibited pemrmltted prohibited peVIT&A LL r a. stoup prohibbd pernmrod pemilted pemnitted permitted permhed = d f. ShWronl prohibited permitted (T4 L. Ta 0) pardbd 955, 75 of pem*Wd (TU L, T&a 0) partnitted IT612 t, rM20j pwrthed (T&24 L, T624 E g. Gallery prohibited pmhibited P- toad" pemlihad - pamttrad perrrllw t V h. Arcade parmbed- pemuilad" parroted" rte+ BUILDING HFJGHT (Stories) r� Q a Pdndpal Buidir)q 2 max 3 max. 2mio, 5 rmax. 2 min. 8 max. 2 min. 12 rnax 2min. 24 max. h. Oumulldi g 2 max. 2 max. a Benefit Height AbmAdng T8. T5& T4 only 1 max.- 4 max." 8 max." 24 max— THOROUGHFARES _ a HW & RR permitted prohibited prohibited prohibited prohibited proNbited Or as modfied in Diagram 9 "Note; Refer toArlicle 5 for Specific Transect Zone Regulations — Note: Bonus shall not be available for T6 properties abutting T3 properties (refer to A*le 3) IV.6 MIAMI 21 AS ADOPTED - MAY 2015 ARTICLE 4. TABLE 2 MIAMI 21 SUMMARY I I I I 1 I I I I I I I I I I I I I I U R B A N D I S T R I C T S C I V I C a Lot Area 6$Q000 sf. min. &,,U000 sf. min. 5',rQ000 si. min. 5,,UDDD sf, rNn 5,000 s.f. min. 5,000 s.f. min. 10.000 s.t nln. 10,000 s.f. InIt b. W width 4200 ft min. +200 ft min. +200ft min. +200 R min. 5o ft min. 508 mire 100 ft min. soft min. C. wCoverape 80% max." 80% max- 80% max.- 80%,max.^ 80% max 90% max 90% max 8D% max d. Floor Lot Ratio (FLR) a.12 or b.22140% additional Public Benefa '^ a.11 or 6.18150% additional Public Benefit — a.11 or b.18150% WHOM Public Benefit "' 24150% add'Nonhi Public Bemefn pemlimd permitted pemrtted 8 e.FrantageatkontSaback 70% min. 70% Min. 70% min. 70% min. None alone None None f- OpenspaoeRequiremeras 10% Lot Area min 10%LAAreamln, 10% La Area min. 10%LotArearnin brkLatAreamin. 5%Lotkeamin. 5%t.otAreamim 10% Lot Area mi n. g. [Mashy 150 du la�cre' I 150 du latae' 150 du lace' 150 du lacus' 36 dufaoye max 2 rutin. 80 max. none 8 max. 1 150 du [acre' BIIILDWr, SETBACK a Principal From 10ft min. 10 ft min- 10t min. I lot min. ipft min, 1101 min. 5 ft min. b. secondary Front 10ft min, 101. min. Iort. ntrr. IOft, an. °i$ L man. 5 ft min. 5 FL ruin. cside Oftlydn^ 0ftMin.- Oft min.- Oft min- Oftmin" 0fLmin.- Oft Nn,- d. Rear 0 ft "n.- 0 ft min. Oft min.^ 0 ft min." Oft ndn.^ Oft nun." Oft min.- OUTRUILDING SETBACK PRIVATE FRONTAGES C fOR min. _ a Common Lavin prohibited prohibited prohibited prohf6fDed p ohibited b. Porch & Ferns prohibited prohi0ited prohibited prohibked prohibited c. Terrace or L.C. prohibited prohibited prohibited prohibited permitted d. Forecoud pemtittad pwnWad permided WY ttad permitted e, sloop permitted pemlimd permitted pemrtted permitted f. shoprronl I penmined cwm L, T646 0) 1 permitted (TB44at,T64e0) permhad tread m, Taeoof pemvtfed im-w L Ta80 Gi permitted g. Gallery permitted" permitted ^ permitted ^ permitted " permitted •• h. Arcade permitted ^ permitted ^ permitted ^ pemvHed ^ per kled ^ BUILDING HEIGHT (Stories) rJ 1 min. M r As regulated by FA.A. + Q a Prhrdpal BrNdng 2 min. 36 max 2 mitt. 48 max. 2 min. 60 mux. 2 rutin. 80 max. none 8 max. b. outbuung o, Benefit Helg;N Abutting TO, T5 & T4 o* 24 max— 32 max." urllmited ^ urA fired ^ 2 x_" Or as moddied in Magram 9 Note: Refer to Amide 5 for Specific Transect Zone Regulations —Note: Bonus shall not be available for T6 properties abutting T3 properties (refer to Article 3} a�WI prohibited prohibited pendtied permittad perm led permitted perched none 8 max prohibited prohibited Parrrnttad permifted pemdRed permitted permvtted ^ none 8 mex in d C fOR min. _ 10 R min f0 Oft min." oft min." N N r r t X W 00 N PerrritlBd prohibited N r Pew 0 permitted permitted LL pennited permitted C ly pwrNed " t rJ 1 min. M r As regulated by FA.A. + Q MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES AS ADOPTED - MAY 2015 ILLUSTRATION 5.4 GENERAL URBAN TRANSECT ZONES (T4) BUILDING DISPOSITION LOT OCCUPATION a. Lot Area SMOOO s.f. min.: ZOAg,000 s.f. max. b. Lot Width 5]QO It min. +&+"*. c. Lot Coverage 60% max. d. Floor Lot Ratio (FLR) NIA e. Frontage at front Setback 50% max. f. Open Space IS% Lot Area min. 9. Density 36 dulac max. BUILDING SETBACK a. Principal Front tOft. min. b. Secondary Front f 0 ft min. c. Side 0 ft. or 5 ft min. Abutting a Setback d. Rear 20 tL min. OUTBUILDING SETBACK permitter) a. Principal Front 30 ft, min. b. Secondary Front iOft. min. c. Side 0 ft. or 5 ft min. Abutting a Setback d. Rear 5 ft. min. BUILDING CONFIGURATION FRONTAGE a. Common Lawn permitted b. Porch & Fence permitted c. Terrace or L.C. permitted d. Forecourt permitted e. Stoop permitter) f. Shopfront permitted (T4 L and T4 nly) 9. Gallery prohibited h. Arcade prohiba d BUILDING HEIGHT a. Principal Building 3 Stories max. and 40 ft. max. b. Outbuilding 2 Stories max. BUILDING PLACEMENT Comer lot InteriorLA _. Ctmin, X faF Trd Sd Lw t" Lj%w OUTBUILDING PLACEMENT V V.17 I, 'OINfn.V 3Vrr fnlxiGrL4f j rsTii — I i • ld 0d 3rd uw uw PARKING PLACEMENT .-.-.-.-.-.-._� CORIaI r , I J r — — — i Ydarbrlq------ —----- i i 21y mor i tat �d 3d Aw LOW uw BUILDING HEIGHT 4uw OWL U"w M. •Lw i L>lyef uw6` nN1 min —•a MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES AS ADOPTED - MAY 2415 ILLUSTRATION 5.5 URBAN CENTER TRANSECT ZONES (T5) BUILDING DISPOSITION BUILDING PLACEMENT LOT OCCUPATION - - — a. Lot Area SJQ 60O s.f. min.; 40,000 s.f. max. +anL __ _._ _ `p ------- 1.280 ____- l b. Lot Width 5]QO ft min, i entt 3d i4i ftyn rr. SVe1! c. Lot Coverage 80% max. t haraiu � °- d. Floor Lot Ratio (FLR) NIA e I e. Frontage at front Setback 70% min. i �» f. Open Space 10% Lot Area min. +sr� • 9. Deneity 65 dulac max. tg Did Sd UIR Itv Lw BUILDING SETBACK PARKING PLACEMENT a. Principal Front 10 ft. min. b. Secondary Front 10 ft. min. id c. Side Oft min. 0"Law N43d d. Rear Oft. min. _ e�q tip e. Abutting Side or Rear T4 6 ft. min Abutting Side or Rear T3 10% of Lot depth"min, t° through 21 hrb to � r - Story 26 it min, above 21 Story I 1 � nn BUILDING CONFIGURATION ,a au ad FRONTAGE` a. Common Lawn prohibited BUILDING HEIGHT b. Porch & Fence prohibited M ' at 6asa i i c. Terrace or L.G. prohbled PAO i d. Forecourt permitted S i e. Stooppermitted ; I f. Shopfront pen ifted (T5 -L and T5 O only) 3 � + 2 9. Gallery permitted by Special Area Plan j 1 vain I. h. Arcade permitted by Special Area Plan A�un44o�ar4�w m BUILDING HEIGHT a. Min. Height 2 Storie b. Max. Heigh! 5 Sloi 0 3r c, Max. Benefit Height i Story A ' D1 V r r + ii OMrt AEUf felt#3MEAFlEAA ALL217aEaF30rc 74 V3 $ E S 1 l i 9 ] P �MEt P i Aellre04'9CE d *M 7A AWrTM 9M E HEAR t "M of lot depth lar Uls more No 12D deep 6 mfn fa Lauleasflan 12V dW v.z3 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES AS ADOPTED - MAY 2015 ILLUSTRATION 5.6 URBAN CORE TRANSECT ZONES (T6-8) BUILDING DISPOSITION LOT OCCUPATION a. Lot Area SM000 s.f. min.; 40, 000 s.f. max. b. Lot Width 61DO ft min. c. Lot Coverage 0 it min.; 30 ft min. above 8" Story 1.8 Stories 80% max. Above 8" Story 15,DDO sq. tt max. Floorplate for Residential & Lodging 30,000 sq, ft max. Floorplate for Office & Commerciat d. Floor Lot Ratio (FLR) 5 / 256/6 additional Public benefit a. Frontage at front Setback 70% min. f. Open Space 109'6 Lot Area min, 9. Density 150 dulac max.' BUILDING SETBACK a. Principal Front 10 ft min.; 20 ft min. above 811 Story b. Secondary Front 10 ft min.; 20 ft. min. above 8^ Story c. Side 0 it min.; 30 ft min. above 8" Story d. Rear 0 ft. min.; 30 k min. above 81- Story a, Abutting Side or Rear T5 0 ft. min. II through 5" Story t Shopfront 10 ft min. 6" through 8" Story 9. Galiery 30 ft min. above 8° Story Abutting Side or Rear T4 6 ft min. 1" through 51 Story BUILDING HEIGHT 26 fL min. above 5°' Story Abutting Side or RearT3 10% of Lot depth" min.1 °through 2n° Story b. bfax. Height 26 fl. ruin. 31 through 5" Story c. Max. Benefit Height 45 ft min, above 51 Story BUILDING CONFIGURATION FRONTAGE a. Common Lawn prohibited b. Porch & Fence prohibited c. Terrace or L.C. prohibited d. Foreoourt permitted e. Stoop permitted t Shopfront permitted JU L and T6-9 0 only} 9. Galiery permitted by Special Area Pian h. Arcade permitted by Special Area Plan BUILDING HEIGHT a. Min. Height 2 Stories b. bfax. Height 8 Stories c. Max. Benefit Height 4 Stories Abutting all Transacts Zones except T3 "Or as modified In Diagram 9 BUILDING PLACEMENT rs°°°°"— FV. ------ * --r-- 1. i 1@min tiJ'�t�h i , � I i Dmh i BCmrt _ 817:RNt i In ad am J9 Cap !eta BUILDING HEIGHT PARKING PLACEMENT ----------_ moNot, t>sa Not; a t i r 5 4 4h r S �idptei i i a omit, t :SUnROSiOE I M At12016Rf)m"TtuaTo _ I I r a i Ee mit ! i e I 6 I 4 j a ` 2 Bmrt r r 1 ABIRTI 8K I ftE1A T4 V.29 AWTIM T5 IBUt1'eld SKI FEAR Ta *40% ot lddepth for I* mom ltteo 12Cdw 7 mh fa Lob lea then 127 deep d V Q 06 d V K d H 87 C O N 00 N N r s X w N N r d LL r C d E t V M Q MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES AS ADOPTED - MAY 2015 ILLUSTRATION 5.6 URBAN CORE TRANSECT ZONES (T6-12) BUILDING DISPOSITION LOT OCCUPATION a. Lot Area Q& DOD s.f. min.; 70,000 s.f. max. b. Lot Width 150 ft min. c. Lot Coverage 0 ft, min.; 30 fL min, above V Story t -B Stories 80% max. Above 8" Story 15,000 sq. ft max. Floorplate for Residential & Lodging 30,000 sq. ft max. Floorplate for Office & Commercial d. Floor Lot Ratio (FLRj B ) 30% additional Pubiic Benefit e. Frontage at front Setback 7046 min. f. Open Space 10% Lot Area min. 9. Density 150 dufac max." BUILDING SETBACK a. Principal Front 10 ft min.; 20 ft min. above 8° Story b. Secondary Front 10 fL min.; 20 ft. min. above 8" Story C. Side 0 ft, min.; 30 fL min, above V Story d. Rear 0 ft min.; 30 ft min. above 8n Story e. Abutting Side or Rear T5 0 ft. min. 11 through 5" Story f. Shopfront 10 fL min. V through 61, Story 9. Gallery 30 fL min. above S" Story Abutting Side or Rear T4 6 ft. min. II trough 50 Stay BUILDING HEIGHT 26 ft min. 61 through P Story a. Min. Height 30 ft min. above 8" Story Abuttfng Side or Rear T3 10% of Lot depth" min. IIthrough 2n° Story c. Max. Benefit Height 26 ft. min. 31 through P Story V. � 46 ft. min. above P Stay BUILDING CONFIGURATION FRONTAGE a. Common Lawn prohibited b. Porch & Fence prohibited c. Terrace or L.C. prohibited d. Forecourt permitted e. Sloop permitted f. Shopfront permitted (T6.12 L and T6-12 0 only) 9. Gallery permitted by Special Area Plan h. Arcade permitted by Special Area Plan BUILDING HEIGHT a. Min. Height 2 Stories b. Max. Height 12 Stories c. Max. Benefit Height 8 Stories Abutting all Transects Zones except T3 Or as modified in Diagram 9 BUILDING PLACEMENT I'd 011 S d at imwuw uw BUILDING HEIGHT � r i r A91FrR1a80EiAFAR #Li2LiEBEi4�rTS, Tl; T,1 PARKING PLACEMENT t� Z�dyd T�j19 8'd ad t4wL" I" o mA maDE&Aw 6 AAF W$1X&* A Tar V.31 AilrlfpM t W A T7 "10%dLot+fepNbrEAb mpmrm fiCdegr M �n4n Ar I ii bralMan 17M dawn itw amisv uw 7 i t d i r i + a V. � Hip i 2 am. A91FrR1a80EiAFAR #Li2LiEBEi4�rTS, Tl; T,1 PARKING PLACEMENT t� Z�dyd T�j19 8'd ad t4wL" I" o mA maDE&Aw 6 AAF W$1X&* A Tar V.31 AilrlfpM t W A T7 "10%dLot+fepNbrEAb mpmrm fiCdegr M �n4n Ar I ii bralMan 17M dawn itw amisv uw MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES AS ADOPTED - MAY 2015 ILLUSTRATION 5.6 URBAN CORE TRANSECT ZONES (T6-24) BUILDING DISPOSITION LOT OCCUPATION a. Lot Area 53,Q000 s,f. min., 190,808 *+ max. b. Lot Width 52¢0 ft min. c. Lot Coverage 10 ft. min.; 20 ft. min. above 8l Story 1-8 Stories 80% max. Above 96 Story 15,000 sq. ft. max. Floorplate for Resldenlial & Lodging 30,000 sq, ft. max. Floorplate for Office & Commercial d. Floor Lot Ratio (FLR) T6.24& 7130°/, additional Public Benefit T6r24b: 16140% additional Public Benefit s. Frontage at front Setback 70% min. f. Open Space 10% Lot Area min, 1 9. Density 150 du/ac: max.' BUILDING SETBACK a. Principal Front 10 ft min.; 20 ft min. above 81 Story b. Secondary Front 10 ft. min.; 20 ft. min. above 8l Story c. Side 0 ft min.; 30 ft min. above 81, Story d, Rear 0 ft. min.; 30 ft min. above 8" Story e. Abutting Side or Rear T5 0 ft min. 11 through 51 Story 10 ft, min. V through V Story 30 ft min. above 8" Story BUILDING CONFIGURATION FRONTAGE a. Common Lawn prohibited b. Porch & Fence prohibited c. Terrace or L.C. prohibited d. Forecourt permitted e. Stoop permitted f. Shopfront permitted (T6.24 L and T6-24 0 only) 9. Gallery permitted by Special Area Plan h, Arcade permitted by Special Area Plan BUILDING HEIGHT a. Min, Height 2 Stories b. Max. Height 24 Stories C, Max. Benefit Height 24 Stories Abutting all Transects Zones except T3 ' Or as modified In Diagram 9 BUILDING PLACEMENT PARKING PLACEMENT •t t+ra aro Lww BUILDING HEIGHT WI -41SM&WA ALLZMIXMTV4&T3 AACM ALMISSIGl iiQY HO MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES AS ADOPTED - MAY 2015 ILLUSTRATION 5.6 URBAN CORE TRANSECT ZONES (T6-36) BUILDING DISPOSITION LOT OCCUPATION a. Lot Area 6M000 s,f. min. b. Lot Width 4200 ft min. c. Lot Coverage 0 ft. min.; 30 ft. min. above V Story 1-8 Stories 80% max. Above 811 Story 18,000 sq. ft max. Floorplate for Residential & Lodging 30,000 sq. ft. max. Floorplate for Office & Commercial d. Floor Lot Ratio (FLR) T6 -36F 12140% additional Public Benefit T6 -36b: 22140% additional Public Benefit e. Frontage at front Setback 709`6 min. f. Open Space 100% Lot Area min. 9. Density 150 dufac max' BUILDING SETBACK a, Principal Front 10 ft min.: 20 fL min. above 8" Story b. Secondary Front 10 fL min., 20% min. above 8" Story c. Side 0 ft. min.; 30 ft. min. above V Story d. Rear 0 R min.; 30 fL min. above 81 Story e. Abutting Side or Rear T5 0 ft. min. V through 51, Story 10 ft min. 8m through 8" Story 30 fL min. above 8" Story BUILDING CONFIGURATION FRONTAGE a. Common Lawn prohibited b. Porch & Fence prohibited c, Terrace or L.C. prohlbited d. Forecourt permitted e. Stoop permitted f. Shopfront permitted (T6.36 Land T6.36 O on . 9. Gallery permitted by Special Area Plan In. Arcade permitted by Special Area Plan BUILDING HEIGHT a. Mln. Height 2 Stories to, Max. Height 36 Stories c. Max. Benefit Height 24 Stories Abutting all Transects Zones except T3 ' Or as modified in Diagram 9 BUILDING PLACEMENT r r Prd68d i WK r Owl r r Sam arm +e ae ad LM WU uw BUILDING HEIGHT PARKING PLACEMENT is zd ad LW LM uw A9t1 W S M& WA A11 ifM E1W 11S %&T3 V.35 ABlRP1 SWAIBWTS NAW UK LO d V Q 06 d' d v Q x d H t3� C 0 N 00 N N r t x w N N r D d LL r C d E L V Q MIAMI 21 ARTICLE a. SPECIFIC TO ZONES AS ADOPTED - MAY 2015 ILLUSTRATION 5.6 URBAN CORE TRANSECT ZONES (T6-48) BUILDING DISPOSITION LOT OCCUPATION a. Lot Area 534,000 s.f, min. b. Lot Width +200 ft min. c. Lot Coverage 0 tL min.; 30 ft min. above 8" Story 1.8 Stories 80% max. Above V Story 18,000 sq. ft. max. Floorplate for Residential & Lodging 30,000 sq. % max. Floorplate for Office & Commercial d. Floor Lot Ratio (FLR) T6 -48a:11150% additional Public Benefit T6A8b:18150% additional Public Benefit e. Frontage at front Setback 70% min. f. Open Space 10% Lot Area min. 9. Density 150 dulac max.' BUILDING SETBACK a. Principal Front 10 ft. min.; 20 fL min, above 8" Story b. Secondary Front 10 f . min.; 20 ft. min. above 8" Story c. Side 0 tL min.; 30 ft min. above 8" Story d. Rear 0 ft. min.: 30 ft. min, above 8" Story e. Abutting Side or Rear T5 0 ft. min. i° through 511 Story 10 ft. min. 61 through 8" Story 30 ft. min. above 8" Story BUILDING CONFIGURATION a. Common Lawn prohibited b. Porch & Fence prohibited c. Terrace or LC. prohibited d. Forecourt permitted 6. Stoop permitted f. Shopfront permifted (T6-48 L and T6-48 0 only) 9. Gallery permitted by Speclai Area Plan h. Arcade permitted by Special Area Plan BUILDING HEIGHT a. Min. Height 2 Stories b. Max. Height 48 Stories c, Max. Benefit Height 32 Stories Abutting all Transects Zones except T3 Or as modified in Diagram 9 BUILDING PLACEMENT PARKING PLACEMENT i 1 185nf i Mao. iFF1 1 4 t-4-1, 9w amn T .i � M M • to an ad Uw uw BUILDING HEIGHT datlflrCiOMANA AU.X BEC'fP Tk%&M MACIFI I91f1 M9i>E@RIR 74 V Q 06 d' d Q K d H 87 C O N 00 N N r r t X w 00 N N r D d) LL r C d E t V O Q MIAMI 21 AS ADOPTED - MAY 2015 BUILDING DISPOSITION LOT OCCUPATION a. Lot Area 5,U 000 s.f• min. b. Lot Width 200 ft min. c. Lot Coverage 0 tt. min.; 30 it min. above P Story 1.8 Stories 80% max. Above 86 Story 18,000 sq. ft max. Floorplate for Residential & Lodging 30,000 sq. fl. max. Floorplate for Office & Commercial d. Floor Lot Ratio (FLR) T6.60a:11150% additional Public Benefit T6 -60b:1 S 150% additional Public Benefit e. Frontage at front Setback 70% min. f. Open Space 101/o Lot Area min. 9. Density 150 dtdac may. BUILDING SETBACK a. Principal Front 10 fit. min.; 20 fL min. above V Story b. Secondary Front 10 ft min.; 20 fL min. above 81" Story c. Side 0 tt. min.; 30 it min. above P Story d, Rear 0 ft. min.; 30 ft min, above 8^ Story e. Abutting Side or Rear T5 0 fL min. I� through 5° Story 10 ft min. 61 through r Story 30 ft. min. above 8" Story BUILDING CONFIGURATION FRONTAGE a. Common Lawn prohibited b. Porch S Fence prohibited c. Terrace or L.G. prohibited d. Forecourt permitted e. Stoop permitted f. Shopfront permitted (T6.50 L and T6.60 0 only) 9. Gallery permitted by Special Area Plan In. Arcade permitted by Special Area Plan BUILDING HEIGHT a. Min. Height 2 Stories b. Max. Height 60 Stories c. Max. Benefit Helight unlimited Stories Abutting ali Transects Zones except T3 ' 0r as modified in Diagram 9 ARTICLE 5. SPECIFIC TO ZONES ILLUSTRATION 5.6 URBAN CORE TRANSECT ZONES (T6-60) BUILDING PLACEMENT PARKING PLACEMENT w 3b 8s UW LW Uw ease it am 34 LW >+1ff L" BUILDING HEIGHT Milt 1, tkj/Ri UdMEd j lYieied � Z,: —► • � r � � j 10 1 i i r i i it � tZ j 11 j 51 y a W t to bxir 9 V*, a e i a r raft N e e i a s I rav4 p llRe�. Z 41rb. t t AWN 9WAWAAlZM107CMA1481D A&Unwsm wA 15 M&I 4- NMIU MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES AS ADOPTED - MAY 2015 ILLUSTRATION 5.6 URBAN CORE TRANSECT ZONES (T6-80) BUILDING DISPOSITION LOT OCCUPATION a. Lot Area 6'M 000 S.f. min. b. Lot Wldlh 4200 ft min. c. Lot Coverage 10 ft min.; 20 ft. min. above 81 Story 1.8 Stories 80% max. Above V Story 18,000 sq. ft. max. Floorp€ate for Residential & Lodging 30,000 sq. ft. max, Floorplate for Office & Commercial d. Floor Lot Ratio (FLR) 24150° additional Public Benefit e. Frontage at front Setbacl 7{}96 min. f, Open Space 10% Lot Area min. 9. Density 150 dLdac max.' BUILDING SETBACK prohibited a. Principal Front 10 ft min.; 20 ft. min, above B' Story b. Secondary Front 10 ft min.; 20 ft. min. above 81 Story e. Side Off. min.; 30 ft min. above 8" Story d. Rear 0 ft min.; 30 ft min. above V Story BUILDING CONFIGURATION FRONTAGE a. Common Lawn prohibited b. Porch & Fence prohibited c. Terrace or L.C. prohibited d. Forecourt permitted a. Stoop permitted f. Shopfront permitted (T6-80 L and T8.80 0 only) 9. Gallery perrnitted by Special Area Pian h. Arcade permitted by Special Area Plan BUILDING HEIGHT a. Min. Heh ht 2 Stories b. Max. Height 80 Stories c. Max, Beneflt Height unlimited Stories Abutting all Transects Zones except T3 "Or as modified in Diagram 9 BUILDING PLACEMENT PARKING PLACEMENT s •� W tri dd as LW 0a LAW BUILDING HEIGHT MK � !I lYlnMllS -- A&MIKSIEiIMA ALL009=tLUAT3 V.41 r r .� • tr rd sa LW UW Lam t_`�t,IMPIAI dYI; FI i *1� �j;zcu t rte.,. Miami Planning, Zoning and Appeals Board File ID 15-00924zt September 2, 2015 Item PZAB.4 Ms. Maria Lievano-Cruz offered the following resolution and moved its adoption: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), TO AMEND ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLES 4 AND 5 TO REVISE LOT AREA AND LOT WIDTH MINIMUMS AND MAXIMUMS FOR T4, T5, AND T6 TRANSECT ZONES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Upon being seconded by Ms. Jennifer Ocana Barnes, the motion passed and was adopted by a vote of 7-1: Ms. Jennifer Ocana Barnes Mr. Chris Collins Ms. Maria Lievano-Cruz Mr. Charles A. Garavaglia Mr. Charles A. Gibson Ms. Maria Beatriz Gutierrez Dr. Ernest Martin Mr. Daniel Milian Mr. Juvenal Pina Ms. Melody L. Torrens Mr. Manuel J. Vadillo -. Mr. David H. Young Fr . rLdseo'Garc a, Director Planning and Zoning Department STATE OF FLORIDA COUNTY OF MIAMI-DADE Yes Absent Yes Yes Yes Absent Yes Absent Yes Abstain Yes No q" / �- Execution a e Personally appeared before me, the undersigned authority, Olga Zamora, Clerk of the Planning, Zoning and Appeals Board of the City of Miami, Florida, and acknowledges that he executed the foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS - J DAY OF 2015. 1164 a3s(' 1-6-4 la' I tC) I I ", Print Notary Name NotarftubM State of Florida Personally know 9( or Produced I.D. Type and number of I.D. produced Did take an oath or Did not take an oath bt- My Commission Expires: yr n e ?S�n�"N%VM158SA7RUJILIO a MY COMMISSION # i P 229Ad44 '• roe; EXPIRES: July 11, 2019 Bonded Thru Notary 1ubFa Undenarltars EXHIBIT A MIAMI 21 ARTICLE 4. TABLE 2 MIAMI 21 SUMMARY AS ADOPTED - MAY 2015 R U R A L I I I I I I I I I I I I 1 I 1 1 I I I I i i I I I 1 I I I I I I I I I I 1 I I I I a int Area 5,000 SJ.. mlrr. 1,286 sf-^N86BBsi" 320.000 sf. min SM000 Sf. min. 5MOOO s1. min - in.1HOD 10ttmin. 10 ft min. 10 ft rain, loft m n. 1 HODS.1 min 20A00 s.f. max"' 10.000 slar it 40.600 af. max 4¢0,000 0, max." 70,000 0. Max.- i ea6BB s.hv .. - b. Lot Wxmm 10 ft min. 10 it min. 50 ft min, ** miJDD ft *t"im13lQ0 ft $iNfL min. 15oR min. 52QOft min. OR. min." dRear 20Rmin. 20ftnun min." min— ORmin" Oft min. - OUTBUILDING SETBACK aLot Coaarago permitted (r4 L. Ta O) perdtted 955, 75 of 50%max.lstRoor 60% max. W% max. �80%nw." 80%max.- 80% max, 30 it min, perftd" permitted - 30% malt 2nd Floor for perrr1Iw b. Secondary Front 1Oft min. (T3 L o6y) 10 it. min. perrnil�d" permitted" pemutlad" T3 R & T31. only c. aide V 5 ft. min, CT3 L onW 0 ft min. 15 R. min. d. FWar Lot Ratio (FLR) d. Rear 5 ft min. (f3 L only)) 5 ft min. 5125%additional Public 81 30% additional Public a. 7130%additional 2 min. 12rnax 2min. 24max. h. Oumulldi g 2 max. 2 max. Boat Benefit Public Benefit or b.161 a Benefit Height AbmAdng T8. T5& T4 only 1 max.- 4 max." 8 max." 40% additional Public THOROUGHFARES i Bei— a Fmotage at front Setback prohibited prohibited prohibited 50% min. 70% min. 70% min. 70% min. 70%m1n, f.GmnIOpen Space Reaueemerae 25% LotArea min. 15%LolAreamin, 10% Lot Area mon. 10% tot Area min, 10% LotArea min. 10% Lot Area min. g. Denslly 9-18 dulacre max." 35du1arae max: 05 dulacre max I— ISO du lacre 150 du ))ears' 150 du More BUILDING SETBACK a Pramcipel FrwA 20 ft min. 10ttmin. 10 ft min. 10 ft rain, loft m n. SO ft min. b. Secondary front 10R min. 10ft mini: 10 ft min. 10 fL min. 10 ft min. 10 it min. c. Side 5fLmfn" D14min.f5ftmn 0fLmMi." OR min." 0ftmin- OR. min." dRear 20Rmin. 20ftnun Oft min." OR min.- ORmin" Oft min. - OUTBUILDING SETBACK prohibited permitted (r4 L. Ta O) perdtted 955, 75 of pemtitited lyes L, Tea 01 parNhed (Te 121, rM20) pwrhBd (T&24 L, T624 a PdrK#d Front 20 ft min. (T3L only) 30 it min, perftd" permitted - pamted " perrr1Iw b. Secondary Front 1Oft min. (T3 L o6y) 10 it. min. perrnil�d" permitted" pemutlad" parYded" c. aide V 5 ft. min, CT3 L onW 0 ft min. 15 R. min. d. Rear 5 ft min. (f3 L only)) 5 ft min. 2min, smax. 2 min. 8 max. 2 min. 12rnax 2min. 24max. PRIVATEFROWTAGES a Common Lain permdled pemntted prohibited prohibited prohibited profflWed b. Pone, & Fence pennitted permitted prohibited prohibkod prohibited prohibited c. Terrace w Lc. d.Fwecoun — prohibited prohibited permitted pemmitfed pmhibbd perrnlIted proNbiffid Wnttad prohibited pem*Wd prohibited perd#A e. Stoop prohibited pernrtied pemmihed pemlilted permitted permhed f. Shopfronl prohibited permitted (r4 L. Ta O) perdtted 955, 75 of pemtitited lyes L, Tea 01 parNhed (Te 121, rM20) pwrhBd (T&24 L, T624 g. Gallery prohibited prohibited perftd" permitted - pamted " perrr1Iw h. Arcade prnhibi[ed proNbited perrnil�d" permitted" pemutlad" parYded" BUILDING HFJGHT (Stories)) a Pdrxripal Buldir)q 2 max 3 max. 2min, smax. 2 min. 8 max. 2 min. 12rnax 2min. 24max. h. Oumulldi g 2 max. 2 max. a Benefit Height AbmAdng T8. T5& T4 only 1 max.- 4 max." 8 max." 24 max— THOROUGHFARES a HW & RR permitted prohibited prohibited prohibited prohibited proNbited Or as modfied in Diagram 9 "Note; Refer to Article 5 for Specific Transect Zone Regulations — Note: Bonus shall not be available for T6 properties abutting T3 properties (refer to Article 3) IV.6 MIAMI 21 AS ADOPTED - MAY 2015 ARTICLE 4. TABLE 2 MIAMI 21 SUMMARY t 1 e ] I I I I I I I I U R B A N D I S T R I C T S C I V I C a Lot Area 6$Q000 sf. min. &,,U000 sf. min. 5',tQ000 si. min. 5,,UDDO sf, rrdn. 5,000 s.f. min. 5,000 s.f. min. 10.000 SA, ran. 10,000 s.f. min. b. Lot width 4200 ft min. +200 ft min. +200ft min. +200 IL min. 5o ft min. Soft mire 100 ft min. soft min. C. LotCwaraa 80% max." 80% max- 80% max.- 80%,max." 80% max 90% max 90% max 8D% max d. FbrLot Ratio (FLR) a.12 or b.22140% additional Public Benefa '^ a.11 or 6.18150% additional Public Benefit — a.11 or b.18150% addgional Public Benefit "' 24150% add'Nonal Public B"M permitted pematted pemleted 8 e. Frontage at Iront Saback 70%min. 70% Nn. 70% rtn. 70% min. None Hans None None f- Open SpaoeRequiremeras 10% Lot Area min. 10%LAAreamln, 10% La Area min. 10% LotArea min, 51 pennftd %LotAwffiL 10% Lot Area mi n. g. Crrtelty 150 du lase' I150 du (acre' 150 du [acre' I 150 du lace' 36 dulame max pemtitled ^ perrrtit9ed ^ 150 du [acre' BIIILDWG SETBACK a Principal From 10ft min. 10 ft min- 10R min. lot min. ;,loft min, loft min. 5 ft min. [Oft min. b. Secondary Fant 10ft min. 101 min. Iort. nsn IOft, min. 'I t. man. 5 ft min. 5 ft min. 10 R min. c side 0 It Irdrr.^ O ft min.- 0 ft min.- O ft min'" O ft min." O ft min." 0 R min." Oft min." d. Rear 0 ft min." 0 ft min." 0ft min." 0 ft min." 0 ft nnin.^ d ft ne n." 0 ft min." Oft min." auTRUILbING SETBACK _d V r L Q 06 a> v Q K d H C .E O N 00 N N T" PRIVATE FRONTAGES a. Common Lavin prohibited prohlbited prohibiled prohf6fDed p ohibited prohibited prohibited perrritlBd b. Porch & Farm prohibited prohib W prohibited pro}libked prohibited prohibited prohibited prohl6iled a Temaoe or L.C. prohibited prohibited prohibited proNbilk permitted pematted pemleted permiked C d. Forecoud pemtitted pwnftd permided pennitted per€r¢tted perm bd permitled pemtitted C e, sloop permitted pennRled permitted perrnitled permitted pennftd pemdRed permitted q f. shoprroml penmined trace L, T646 0) pematted (TB-48t,76A0) pernhDd ffW L, TOW of pamutted iTmao L Teas GI permitted perm ted permilied pemutted g. Gallery pemtitled ^ perrrtit9ed ^ pematEed ^ Permitted ^ pematled •• pematted ^ pemvtted ^ � perrryltEd •• h. Arcade permitted ' panni[tad permitted" pemm0ed" p""w ^ pecrrftd permitted ^ pem�led " L BUILDING HEIGHT (Stofi45} 1 a Prhrdpal Buffing 2 min. 2 min. 2 min. 2 min. none rune none 1 nun. 36 max 48 max. 60 max. 80 max. 8 max. 8 max. 8 max As regadated by F.A.A. b. Outlwfdirg 1 1 o, Benefit 14elgk 24 max— 32 max- ununited ^ urimiled ^ 2maL" a Abutting TO, T5 & T4 o* c Or as modified in Diagram 9 Note: Refer to Amide 5 for Specific Transect Zone Regulations —Note: Bonus shall not be available for T6 properties abutting T3 properties (refer to Article 3} a�WI MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES AS ADOPTED - MAY 2015 ILLUSTRATION 5.4 GENERAL URBAN TRANSECT ZONES (T4) BUILDING DISPOSITION LOT OCCUPATION a. Lot Area SMOOO s.f. min.: ZOAg,000 s.f. max. b. Lot Width 5]QO It min. +&+"*. c. Lot Coverage 60% max. d. Floor Lot Ratio (FLR) NIA e. Frontage at front Setback 50% max. f. Open Space IS% Lot Area min. 9. Density 36 dulac max. BUILDING SETBACK a. Principal Front tOft. min. b. Secondary Front f 0 ft min. c. Side 0 ft. or 5 ft min. Abutting a Setback d. Rear 20 tL min. OUTBUILDING SETBACK permitter) a. Principal Front 30 ft, min. b. Secondary Front iOft. min. c. Side 0 ft. or 5 ft min. Abutting a Setback d. Rear 5 ft. min. BUILDING CONFIGURATION FRONTAGE a. Common Lawn permitted b. Porch & Fence permitted c. Terrace or L.C. permitted d. Forecourt permitted e. Stoop permitter) f. Shopfront permitted (T4 L and T4 nly) 9. Gallery prohibited h. Arcade prohiba d BUILDING HEIGHT a. Principal Building 3 Stories max. and 40 ft. max. b. Outbuilding 2 Stories max. BUILDING PLACEMENT Comer lot InteriorLA _. Ctmin, X faF Trd Sd Lw t" Lj%w OUTBUILDING PLACEMENT V V.17 I, 'OINfn.V 3Vrr fnlxiGrL4f j rsTii — I r �r i • ld 0d 3rd uw uw PARKING PLACEMENT .-.-.-.-.-.-._� CORIaI r , I J r — — — i Ydarbrlq------ —----- i i 21y mor r tat �d 3d Aw LOW uw BUILDING HEIGHT 4uw OWL U"w M. •Lw r � 2nd d 3rd 6`nlfl uw min —•a MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES AS ADOPTED - MAY 2415 ILLUSTRATION 5.5 URBAN CENTER TRANSECT ZONES (T5) BUILDING DISPOSITION BUILDING PLACEMENT LOT OCCUPATION - - — a. Lot Area SJQ 60O s.f. min.; 40,000 s.f. max. +anL __ _._ _ `p ------- 1.280 ____- b. Lot Width 5]QO ft min, i ants 3d i4i ftyn rr. fain c. Lot Coverage 80% max. t haraiu � °- d. Floor Lot Ratio (FLR) NIA a I e. Frontage at front Setback 70% min. i �» f. Open Space 10% Lot Area min. +sr� • 9. Deneity 65 dulac max. tg Did Sd UIR Itv Lw BUILDING SETBACK PARKING PLACEMENT a. Principal Front 10 ft. min. b. Secondary Front 10 ft. min. id c. Side Oft min. 0"Law N43d d. Rear Oft. min. _ a�q tip e. Abutting Side or Rear T4 6 ft. min Abutting Side or Rear T3 10% of Lot depth"min, t° through 21 hrb to � r - Story 26 it min, above 21 Story I 1 � nn BUILDING CONFIGURATION ,a au ad FRONTAGE` a. Common Lawn prohibited BUILDING HEIGHT b. Porch & Fence prohibited M ' at 6aa9 i i c. Terrace or L.G. prohbled PAO i d. Forecourt permitted S i e. Stooppermitted ; I f. Shopfront pen ifted (T5 -L and T5 O only) 3 � + 2 9. Gallery permitted by Special Area Plan j 1 vrrrn I. h. Arcade permitted by Special Area Plan Aaun44o�aI4�w m BUILDING HEIGHT a. Min. Height 2 Storie b. Max. Heigh! 5 Sloi 0 3r c, Max. Benefit Height i Story A ' D1 V r r + ii OMrt AEUf f11t#3MEAFlEAA ALL2.tlaEaF30rc 74 V3 $ E S 1 l i 9 ] P �MEt P i A&ffT049CEd*M7A AWrTM90EEHEARt "M of lot depth lar Uls mn Ines 12D deep 6 min fa Lata loufw 129 chap v.z3 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES AS ADOPTED - MAY 2015 ILLUSTRATION 5.6 URBAN CORE TRANSECT ZONES (T6-8) BUILDING DISPOSITION LOT OCCUPATION a. Lot Area SM000 s.f. min.; 40, 000 s.f. max. b. Lot Width 61DO ft min. c. Lot Coverage 0 it min.; 30 ft min. above 8" Story 1.8 Stories 80% max. Above 8" Story 15,DDO sq. tt max. Floorplate for Residential & Lodging 30,000 sq, ft max. Floorplate for Office & Commerciat d. Floor Lot Ratio (FLR) 5 / 256/6 additional Public benefit a. Frontage at front Setback 70% min. f. Open Space 109'6 Lot Area min, 9. Density 150 dulac max.' BUILDING SETBACK a. Principal Front 10 ft min.; 20 ft min. above 811 Story b. Secondary Front 10 ft min.; 20 ft. min. above 8^ Story c. Side 0 it min.; 30 ft min. above 8" Story d. Rear 0 ft. min.; 30 k min. above 81- Story a, Abutting Side or Rear T5 0 ft. min. II through 5" Story t Shopfront 10 ft min. 6" through 8" Story 9. Galiery 30 ft min. above 8° Story Abutting Side or Rear T4 6 ft min. 1" through 51 Story BUILDING HEIGHT 26 fL min. above 5°' Story Abutting Side or RearT3 10% of Lot depth" min.1 °through 2n° Story b. Hfax. Height 26 fl. ruin. 31 through 5" Story c. Max. Benefit Height 45 ft min, above 51 Story BUILDING CONFIGURATION FRONTAGE a. Common Lawn prohibited b. Porch & Fence prohibited c. Terrace or L.C. prohibited d. Foreoourt permitted e. Stoop permitted t Shopfront permitted JU L and T6-9 0 only} 9. Galiery permitted by Special Area Pian h. Arcade permitted by Special Area Plan BUILDING HEIGHT a. Min. Height 2 Stories b. Hfax. Height 8 Stories c. Max. Benefit Height 4 Stories Abutting all Transacts Zones except T3 "Or as modified In Diagram 9 BUILDING PLACEMENT rs°°°°"— FV. ------ * --r-- 1. i 1@min til�th i , � I i Dmh i BCmrt _ 817:RNt i i In ad am J9 Cap !eta BUILDING HEIGHT PARKING PLACEMENT V.29 AWTIM T5 IBU7W SKI FEAR Ta *40% ot lddepth for I* mom ldeo 12Cdw 7 mh t!at Lob lea then 127 deep i tc I Not, a t i r 5 4 4h r S �idptei i i a omit, t :SUnROSiOS I M At12016Rf)m"TtuaTo _ I I r 4 i a i 8emit ! i n I s 4 j a ` 2 Bmrt r r 1 � Aeutnrr►aoEstlryw 14 V.29 AWTIM T5 IBU7W SKI FEAR Ta *40% ot lddepth for I* mom ldeo 12Cdw 7 mh t!at Lob lea then 127 deep MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES AS ADOPTED - MAY 2015 ILLUSTRATION 5.6 URBAN CORE TRANSECT ZONES (T6-12) BUILDING DISPOSITION LOT OCCUPATION a. Lot Area Q& DOD s.f. min.; 70,000 s.f. max. b. Lot Width 150 ft min. c. Lot Coverage 0 ft, min.; 30 fL min, above V Story t -B Stories 80% max. Above 8" Story 15,000 sq. ft max. Floorplate for Residential & Lodging 30,000 sq. ft max. Floorplate for Office & Commercial d. Floor Lot Ratio (FLRj B ) 30% additional Pubiic Benefit e. Frontage at front Setback 7046 min. f. Open Space 10% Lot Area min. 9. Density 150 dufac max." BUILDING SETBACK a. Principal Front 10 ft min.; 20 ft min. above 8° Story b. Secondary Front 10 fL min.; 20 ft. min. above 8" Story C. Side 0 ft, min.; 30 fL min, above V Story d. Rear 0 ft min.; 30 ft min. above V Story e. Abutting Side or Rear T5 0 ft. min. 11 through 5" Story f. Shopfront 10 fL min. V through 61, Story 9. Gallery 30 fL min. above S" Story Abutting Side or Rear T4 6 ft. min. II trough 50 Stay BUILDING HEIGHT 26 ft min. 61 through P Story a. Min. Height 30 ft min. above 8" Story Abuttfng Side or Rear T3 10% of Lot depth" min. IIthrough 2n° Story c. Max. Benefit Height 26 ft. min. 31 through P Story 46 ft. min. above P Stay BUILDING CONFIGURATION FRONTAGE a. Common Lawn prohibited b. Porch & Fence prohibited c. Terrace or L.C. prohibited d. Forecourt permitted e. Sloop permitted f. Shopfront permitted (T6.12 L and T6-12 0 only) 9. Gallery permitted by Special Area Plan h. Arcade permitted by Special Area Plan BUILDING HEIGHT a. Min. Height 2 Stories b. Max. Height 12 Stories c. Max. Benefit Height 8 Stories Abutting all Transects Zones except T3 Or as modified in Diagram 9 BUILDING PLACEMENT I'd 0d 11 S 3d imwuw uw BUILDING HEIGHT � r i Ma ! r A91FrR1a80EiAFAR #Li2LiEBEi4�rTS, T�;T,1 PARKING PLACEMENT t� Z�dyd T�j19 8'd ad t4wL" I" Adur maw&i w 6 AAF W$1X&* A Tar V.31 AilrlfpM t W A T7 "10%dLot+fepNbrEAb rnasNn fiCdegr M � Ar I ii bralMan 17M dawn Tkw amisv uw 7 i t d i r i + � a Hip i A91FrR1a80EiAFAR #Li2LiEBEi4�rTS, T�;T,1 PARKING PLACEMENT t� Z�dyd T�j19 8'd ad t4wL" I" Adur maw&i w 6 AAF W$1X&* A Tar V.31 AilrlfpM t W A T7 "10%dLot+fepNbrEAb rnasNn fiCdegr M � Ar I ii bralMan 17M dawn Tkw amisv uw MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES AS ADOPTED - MAY 2015 ILLUSTRATION 5.6 URBAN CORE TRANSECT ZONES (T6-24) BUILDING DISPOSITION LOT OCCUPATION a. Lot Area 53,Q000 s,f. min., 190,808 *+ max. b. Lot Width 52¢0 ft min. c. Lot Coverage 10 ft. min.; 20 ft. min. above 8l Story 1-8 Stories 80% max. Above 96 Story 15,000 sq. ft. max. Floorplate for Resldenlial & Lodging 30,000 sq, ft. max. Floorplate for Office & Commercial d. Floor Lot Ratio (FLR) T6.24& 7130°/, additional Public Benefit T6r24b: 16140% additional Public Benefit s. Frontage at front Setback 70% min. f. Open Space 10% Lot Area min, 1 9. Density 150 du/ac: max.' BUILDING SETBACK a. Principal Front 10 ft min.; 20 ft min. above 81 Story b. Secondary Front 10 ft. min.; 20 ft. min. above 8l Story c. Side 0 ft min.; 30 ft min. above 81, Story d, Rear 0 ft. min.; 30 ft min. above 8" Story e. Abutting Side or Rear T5 0 ft min. 11 through 51 Story 10 ft, min. V through V Story 30 ft min. above 8" Story BUILDING CONFIGURATION FRONTAGE a. Common Lawn prohibited b. Porch & Fence prohibited c. Terrace or L.C. prohibited d. Forecourt permitted e. Stoop permitted f. Shopfront permitted (T6.24 L and T6-24 0 only) 9. Gallery permitted by Special Area Plan h, Arcade permitted by Special Area Plan BUILDING HEIGHT a. Min, Height 2 Stories b. Max. Height 24 Stories C, Max. Benefit Height 24 Stories Abutting all Transects Zones except T3 ' Or as modified In Diagram 9 BUILDING PLACEMENT PARKING PLACEMENT •t t+ra aro Lww BUILDING HEIGHT WI -41SM&WA ALLZMIXMTV4&T3 AACM ALMISSIGliiIBl OTb MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES AS ADOPTED - MAY 2015 ILLUSTRATION 5.6 URBAN CORE TRANSECT ZONES (T6-36) BUILDING DISPOSITION LOT OCCUPATION a. Lot Area 6M000 s,f. min. b. Lot Width 4200 ft min. c. Lot Coverage 0 ft. min.; 30 ft. min. above V Story 1-8 Stories 80% max. Above 811 Story 18,000 sq. ft max. Floorplate for Residential & Lodging 30,000 sq. ft. max. Floorplate for Office & Commercial d. Floor Lot Ratio (FLR) T6 -36F 12140% additional Public Benefit T6 -36b: 22140% additional Public Benefit e. Frontage at front Setback 709`6 min. f. Open Space 100% Lot Area min. 9. Density 150 dufac max' BUILDING SETBACK a, Principal Front 10 ft min.: 20 fL min. above 8" Story b. Secondary Front 10 fL min., 20% min. above 8" Story c. Side 0 ft. min.; 30 ft. min. above V Story d. Rear 0 R min.; 30 fL min. above 81 Story e. Abutting Side or Rear T5 0 ft. min. V through 51, Story 10 ft min. 8m through 8" Story 30 fL min. above 8" Story BUILDING CONFIGURATION FRONTAGE a. Common Lawn prohibited b. Porch & Fence prohibited c, Terrace or L.C. prohlbited d. Forecourt permitted e. Stoop permitted f. Shopfront permitted (T6.36 Land T6.36 O on . 9. Gallery permitted by Special Area Plan In. Arcade permitted by Special Area Plan BUILDING HEIGHT a. Mln. Height 2 Stories to, Max. Height 36 Stories c. Max. Benefit Height 24 Stories Abutting all Transects Zones except T3 ' Or as modified in Diagram 9 BUILDING PLACEMENT r r Prd68d i WK r Owl r r Sam arm +e ae ad LM WU uw BUILDING HEIGHT PARKING PLACEMENT is zd ad Iye LM tns A9t1 W ME& WA AlI ifM IDW ITS R 613 V.35 ABlRP1 SWAIBWT5 NAW UK MIAMI 21 ARTICLE a. SPECIFIC TO ZONES AS ADOPTED - MAY 2015 ILLUSTRATION 5.6 URBAN CORE TRANSECT ZONES (T6-48) BUILDING DISPOSITION LOT OCCUPATION a. Lot Area 534.000 s.f, min. b. Lot Width +200 ft min. c. Lot Coverage 0 tL min.; 30 ft min. above 8" Story 1.8 Stories 80% max. Above V Story 18,000 sq. ft. max. Floorplate for Residential & Lodging 30,000 sq. % max. Floorplate for Office & Commercial d. Floor Lot Ratio (FLR) T6 -48a:11150% additional Public Benefit T6A8b:18150% additional Public Benefit e. Frontage at front Setback 70% min. f. Open Space 10% Lot Area min. 9. Density 150 dulac max.' BUILDING SETBACK a. Principal Front 10 ft. min.; 20 fL min, above 8" Story b. Secondary Front 10 f . min.; 20 ft. min. above 8" Story c. Side 0 tL min.; 30 ft min. above 8" Story d. Rear 0 ft. min.: 30 ft. min, above 8" Story e. Abutting Side or Rear T5 0 ft. min. i° through 511 Story 10 ft. min. 61 through 8" Story 30 ft. min. above 8" Story BUILDING CONFIGURATION a. Common Lawn prohibited b. Porch & Fence prohibited c. Terrace or LC. prohibited d. Forecourt permitted 6. Stoop permitted f. Shopfront permifted (T6-48 L and T6-48 0 only) 9. Gallery permitted by Speclai Area Plan h. Arcade permitted by Special Area Plan BUILDING HEIGHT a. Min. Height 2 Stories b. Max. Height 48 Stories c, Max. Benefit Height 32 Stories Abutting all Transects Zones except T3 Or as modified in Diagram 9 BUILDING PLACEMENT PARKING PLACEMENT i 1 185nf i Mao. iFF1 1 4 t-4-1, 9w amn T .i M fM 8d • Uw uw BUILDING HEIGHT i � OAh l i r r I I E r t I � _ r tti xd lid Uw I.Aw datlfMOCIAMAALLXW MTkTa3T3 MACIFI 19fIR smaRIRTB MIAMI 21 AS ADOPTED - MAY 2015 BUILDING DISPOSITION LOT OCCUPATION a. Lot Area 5,U 000 s.f• min. b. Lot Width 200 ft min. c. Lot Coverage 0 tt. min.; 30 it min. above P Story 1.8 Stories 80% max. Above 86 Story 18,000 sq. ft max. Floorplate for Residential & Lodging 30,000 sq. fl. max. Floorplate for Office & Commercial d. Floor Lot Ratio (FLR) T6.60a:11150% additional Public Benefit T6 -60b:1 S 150% additional Public Benefit e. Frontage at front Setback 70% min. f. Open Space 101/o Lot Area min. 9. Density 150 dtdac may. BUILDING SETBACK a. Principal Front 10 fit. min.; 20 fL min. above V Story b. Secondary Front 10 ft min.; 20 fL min. above 81" Story c. Side 0 tt. min.; 30 it min. above P Story d, Rear 0 ft. min.; 30 ft min, above 8^ Story e. Abutting Side or Rear T5 0 fL min. I� through 5° Story 10 ft min. 61 through r Story 30 ft. min. above 8" Story BUILDING CONFIGURATION FRONTAGE a. Common Lawn prohibited b. Porch S Fence prohibited c. Terrace or L.G. prohibited d. Forecourt permitted e. Stoop permitted f. Shopfront permitted (T6.50 L and T6.60 0 only) 9. Gallery permitted by Special Area Plan In. Arcade permitted by Special Area Plan BUILDING HEIGHT a. Min. Height 2 Stories b. Max. Height 60 Stories c. Max. Benefit Helight unlimited Stories Abutting ali Transects Zones except T3 ' 0r as modified in Diagram 9 ARTICLE 5. SPECIFIC TO ZONES ILLUSTRATION 5.6 URBAN CORE TRANSECT ZONES (T6-60) BUILDING PLACEMENT PARKING PLACEMENT w 3b 8s UW LW Uw ease it am 3w LW 1+1ff LAW BUILDING HEIGHT Milt 1, tkj/Ri UdMEd j lYieied � 11R �—► • � r � � t j t0 1 i i r i i it � tZ j 11 j 51 y ii a W t ip bxir a e a r rQ- N e e i i ! S i i x � p 11 Rei. Z 4Rb. i i t t A9{Frlr 9WAWAAlZMECO A1481D A&Unwsm wA 15 M&I 4- NMIU MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES AS ADOPTED - MAY 2015 ILLUSTRATION 5.6 URBAN CORE TRANSECT ZONES {T6-80) BUILDING DISPOSITION LOT OCCUPATION a. Lot Area 6'M 000 S.f. min. b. Lot Wldlh 4200 ft min. c. Lot Coverage 10 ft min.; 20 ft. min. above 81 Story 1.8 Stories 80% max. Above V Story 18,000 sq. ft. max. Floorp€ate for Residential & Lodging 30,000 sq. ft. max, Floorplate for Office & Commercial d. Floor Lot Ratio (FLR) 24150° additional Public Benefit e. Frontage at front Setback 70% min. f, Open Space 10% Lot Area min. 1 9. Density 150 dLdac max.' BUILDING SETBACK prohibited a. Principal Front 10 ft min.; 20 ft. min, above B' Story b. Secondary Front 10 ft min.; 20 ft. min. above 81 Story e. Side Off. min.; 30 ft min. above 8" Story d. Rear 0 ft min.; 30 ft min. above V Story BUILDING CONFIGURATION FRONTAGE a. Common Lawn prohibited b. Porch & Fence prohibited c. Terrace or L.C. prohibited d. Forecourt permitted a. Stoop permitted f. Shopfront permitted (T6-80 L and T8.80 0 only) 9. Gallery permitted by Special Area Pian h. Arcade permitted by Special Area Plan BUILDING HEIGHT a. Min. Heh ht 2 Stories b. Max. Height 80 Stories c. Max, Beneflt Height unlimited Stories Abutting all Transects Zones except T3 "Or as modified in Diagram 9 BUILDING PLACEMENT PARKING PLACEMENT t� as as UP tgow LJW BUILDING HEIGHT MK! I i I ulkM lYlR11X3 ---A B1� I A&MMrGSMiIMA ALL009=TLUAT3 V.41 r H M 91 IM 2tt Sd LW LWW Lop From: Zamora, Olga Sent: Thursday, November 17, 2016 2:41 PM To: Garcia, Francisco; Gonzalez, Luciana L.; Iturrey, Jessica; Gray, Lakisha; Ellis, Jacqueline; Snow, David; Agenda Office -DI Subject: RE: Public Comments - Article 4 and Article 5 Attachments: Comments on FL PZ.1 - 00924zt Importance: High All, Upon further research, there was ONE public comment received. Attached is the comment received on September 14, 2016. It shall be included as part of the back-up documentation for the item in the December 8, 2016 City Commission agenda. Olga Zamora Planning and Zoning Department, Hearing Boards Direct Line - 305.416.2037 Visit us at: http://www.miami_qov.com/hearing_ boards/ From: Zamora, Olga Sent: Tuesday, September 20, 2016 1:17 PM To: Garcia, Francisco; Gonzalez, Luciana L.; Iturrey, Jessica; Gray, Lakisha; Ellis, Jacqueline; Snow, David; Agenda Office -DI Subject: Public Comments - Article 4 and Article 5 Importance: High All, There were no emails received during the public comment period, beginning on August 30, 2016 and ending on September 14, 2016, for the "Zoning Text Amendment — Article 4 and Article 5" proposed ordinance (File ID 15-00924zt). This legislation is scheduled to be included on the November 17, 2016 City Commission agenda. Regards, Olga Zamora, Chief A64 A 's Planning and Zoning Department, Hearing Boards r` 305.416.2037 Visit us at: http://www.miamigov.com/hearinq boards/ 1 m Q 06 et m Q X m F a� _ 0 N 00 N N From: Rich Ard <raringtogo@gmail.com> Sent: Wednesday, September 14, 2016 1:01 PM To: FutureLegislation Subject: Comments on FL PZ.1 - 00924zt To whom it may concern: The city claimed that existing owners of T4 toTt6 lots would be grandfathered in to the new code. This claim by P and Z is not in the legislation. If this was accurate information given out after the first reading, why is it not specified in the actual legislation? If existing owners don't have the current code grandfathered in, if this goes through, the first reading was voted on based on a false claim. This legislation favors developers over owners of smaller parcels of T4 to T6. It will encourage more and larger and higher buildings. (It's purpose is to give developers more negotiating clout when trying to buy out owners of smaller lots). In a city which has not addressed flooding-- which is increasing particularly in the high rise areas (because of inadequate drainage and more concerete, and rising tides) and not addressed increased vehicular traffic, bigger and taller buildings will put more of a strain on our. Infrastructure. The "Future Legislation" agenda announcement is completely confusing as to what date these comments are to be received by, to be included for the final reading. No one reading the "future legislation" agenda item could possibly understand the context, as it is written. The city has not explained at all, what can be built on a T4 to T6 lot which is not large enough, or adequate in terms of frontage. How can you pass this without owners of those properties even being told what they can build if they do not make their lot part of an asemblage? And, you have not spelled out if -- whatever they can build on their lots - they will have as "by right" or "warrant", and of not by right if theyll need a lawyer to request the downsize ...? You did not address how the apparaiser can value a lot after the legislation. In essence, for example, a T68 lot is not a T68 lot unless it has 20,000 sf and a wide frontage. It is erroneous therefore to even call it a T68, since it cant be viewed as such, since one cannot build on it (unless it is amassed with other T68's). If this proceeds to a final reading without starting over, I request it not occur duing the dates when the city knows it is hard for residents to make the meeting - before Thanksgiving and between the fall holidays, and during or around Art Basel. The city has not communicated how many properties of T4 to T6 lots will be downzoned by this legislation. Also, since this will have such a major effect on the properties value, the city should have sent letters to all owners who will be most effected (for example: all T68 owners with lots under 20,000 sf and frontages considered too small). We are likely looking at tens of thousands of owners effected. The city claimed throughout Miami 21 that they could not downsize lots because to do so would result in lawsuits, the cost of which taxpayers will have to bare. What are the risks (legal costs) to taxpayers in this regard if this downsizing of smaller lots and smaller frontages, are made illegal for building to that transect? Please acknowledge in writing receipt of these comments and acknowledge they were received in time to be accompanied with legislation for second reading. LO 0 a 06 a X d 0 N 00 N N Thank you, Richard Strell PO Box 370445 Miami, F133137 Cell: 7862900656 CITY COMMISSION FACT SHEET File ID: (ID # 1231) Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION TO AMEND ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, MORE SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.2, ENTITLED "DEFINITION OF TERMS", TO ADD MICROBREWERY; AND BY AMENDING ARTICLE 6, TO ADD SECTION 6.3.6, ENTITLED "MICROBREWERIES"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami PURPOSE: This will modify Article 1 of the Miami 21 Zoning Code, more specifically by adding the definition of "Microbrewery" in Article 1, Section 1.2. This will also amend Article 6 of the Miami 21 Zoning Code to establish supplemental regulations for Microbreweries, to be permitted as Alcohol Service Establishments, only in Cultural Specialty Districts. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on September 21, 2016, by a vote of 7-0. 60 -day Public Comment Period: August 31, 2016 — October 29, 2016 City of Miami Legislation Ordinance File Number: 1231 City Hall 3500 Pan Ameican Drive Miami, FL 33133 www.miamigov.com Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION TO AMEND ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, MORE SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.2, ENTITLED "DEFINITION OF TERMS", TO ADD MICROBREWERY; AND BY AMENDING ARTICLE 6, TO ADD SECTION 6.3.6, ENTITLED "MICROBREWERIES"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, On October 22, 2009, Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida was adopted as the City of Miami's Zoning Ordinance ("Miami 21 Code"); and WHEREAS, Microbreweries have become effective economic redevelopment tools and local -business incubators in many municipalities; and WHEREAS, Breweries are currently permitted under the Manufacturing and Processing Use category, which is limited to District Transect Zone designations (D1, D2, and D3); and WHEREAS, Microbreweries have emerged in the Wynwood neighborhood, previously zoned D1, and are characterized by low -to -moderate volume distribution and prominent commercial components; and WHEREAS, it has been determined that moderate -scale beer brewing operations, can be reasonably permitted in other areas of the City of Miami; and WHEREAS, the boundaries of existing Cultural Specialty Districts were drawn to minimize the impacts of concentrated alcohol service establishments on residential neighborhoods, and as such, these areas have an established resiliency to the potential impacts of deliveries, distribution, and manufacturing functions associated with Microbrewery operations; and WHEREAS, best practices of other municipalities have been contemplated in crafting supplemental nuisance abatement regulations, further minimizing the impact of microbrewery operations; and WHEREAS, On May 24, 2016, pursuant to Section 7.1.2.2 of the Miami 21 Code the Planning and Zoning Director issued Determination of Use No. 2016-02 "Microbrewery Determination of Use", attached and incorporated herein as Exhibit "A", to distinguish Microbreweries from Breweries, and to craft supplemental regulations governing their establishment; and WHEREAS, Determination of Use No. 2016-02 establishes that Microbreweries may be permitted as Alcohol Service Establishments as long as they are within a Cultural Specialty District and adhere to specific supplemental nuisance abatement regulations; and WHEREAS, Pursuant to Article 7, Section 7.1.2.2(b) of the Miami 21 Code, since the Planning Director finds that the "particular Use or class of Use or characteristics of Use are likely to be common or recurrent, and that omission of specific reference in the Miami 21 Code is likely to lead to public uncertainty and confusion", it is necessary to rectify the omission of Microbreweries from the Miami 21 Code; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting of September 21, 2016, Item No. PZABA, following an advertised hearing, adopted Resolution No. PZAB-R-16-051 by a vote of seven to zero (7-0), recommending approval of this item to the City Commission; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City and its citizens to amend the Miami 21 Code as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Miami 21 Code is hereby amended by making modifications to Article 1 and Article 6 in the following particulars:' ARTICLE 1. DEFINITIONS 1.2 DEFINITIONS OF TERMS Microbrewery: An establishment that is primarily a manufacturing facility, where beer is produced for wider distribution and consumption on premises, with a maximum production of 15,000 barrels of beer per year. The establishment shall include retail sales, a tasting room, and/or a restaurant where beer manufactured onsite is served. See Article 6. ARTICLE 6. SUPPLEMENTAL REGULATIONS 6.3 COMMERCIAL USES 6.3.6 Microbreweries: The purpose and intent of these regulations are to: Establish baseline nuisance abatement standards beyond those prescribed in Miami 21 Code; to allow Microbreweries in mixed-use ' Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted an unchanged material. areas; to encourage beer manufacturers and distributors to provide retail sales and/or an opportunity to consume on premises; and to promote compatibility of Microbreweries and the surrounding land uses. a. Building disposition and configuration 1. Microbreweries will be limited to the first story of the Principal Building and a maximum area of 20.000 sauare feet. 2. The retail and/or consumption component of a Microbrewery shall be located on a Principal Frontage. 3. The manufacturing and distribution functions of a Microbrewery shall be within a fullv enclosed structure or Buildina. 4. Unless otherwise stated herein, Microbreweries shall be subject to the regulations of the underlying Transect Zone. b. Permitting Microbreweries may be permitted as Alcohol Service Establishments provided that they are located within a cultural specialty district, as defined in Chapter 4 of the Code of the City of Miami, Florida, as amended ("City Code"). All proposed Microbreweries shall be required to obtain a Certificate of Use for the appropriate alcohol category as defined in Sec. 4-2 of the Citv Code. c. Offsite impact standards 1. Vibration standard — In general; a person of normal sensitivities should not be able to feel any vibrations. (0.002g peak) (a) Vibrations lasting less than five (5) minutes per day are exempt. (b) Vibrations from vehicles that leave the site are exempt. 2. Odor standard — In general; continuous, frequent, or repetitive odors may not be produced. The odor threshold is the point at which an odor may must be detected. 3. Sound standard — In general; continuous, frequent, or repetitive sounds may not be produced. Sound standards are further defined in Chapter 36 of the Citv Code. 4. Measurements for compliance with these standards are made from the property line of abutting properties. Section 3. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Miami 21 Code, which provisions may be renumbered or relettered and that the word 'ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 5. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof:2 APPROVED AS TO FORM AND CORRECTNESS: i , ria i " nd- eez T�iity ttor iey 11/7/2016 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. 11r,Ql Miami Planning, Zoning and Appeals Board 0 • ' s- 116 1 File ID 16-01066zt September 21, 2016 Item PZABA Mr. Adam Gersten offered the following resolution and moved its adoption: A RESOLUTION OF THE PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION TO AMEND ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, MORE SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.2, ENTITLED "DEFINITION OF TERMS", TO ADD MICROBREWERY; AND BY AMENDING ARTICLE 6, TO ADD SECTION 6.3.6, ENTITLED "MICROBREWERIES"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Upon being seconded by Ms. Maria Lievano-Cruz the motion passed and was adopted by a vote of 7-0: Ms. Jennifer Ocana Barnes Absent Mr. Chris Collins Absent Ms. Maria Lievano-Cruz Yes Mr. Charles A. Garavaglia Yes Mr. Adam Gersten Yes Ms. Maria Beatriz Gutierrez Absent Mr. Daniel Milian Yes Mr. Juvenal Piha Yes Ms. Melody L. Torrens Yes Mr. Manuel J. Vadillo Yes Francisc G rcia, Director Planning and Zoning Department STATE OF FLORIDA COUNTY OF MIAMI-DADE v. A C` Execution D to Personally appeared before me, the undersigned authority, Olga Zamora, Clerk of the Planning, Zoning and Appeals Board of the City of Miami, Florida, and acknowledges that he executed the foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS�� DAY OF -f e4—, 2016. Print Notary Name Notary Public State of Florid Personally know 1/ or Produced I.D. My Commission Expires: Type and number of I.D. produced Did take an oath or Did not take an oath BEATRIZ� EZ MY OoMMISSION d FF 011560 EXPIRES; November 20, 2017 UndetwrNPts Bon dedihrutJoleryPublio Page 1 of ''Iloilo M N r c 0 0 rn a) W m a N a Exhibit A CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Devin Cejas oar; May 24, 2016 Zoning Administrator SUBJECT Determination No. 2016-02 Microbrewery ran co J. Garcia Planning & Zoning Director REFERENCES: ENCLGSPJRE.S' Microbreweries have emerged as effective economic redevelopment tools and local -business incubators in many municipalities. The rules and regulations of these municipalities have been contemplated in crafting the determination contained herein. Breweries are currently permitted under the Manufacturing and Processing Use category, which is limited to District Transect Zone designations (D1, D2, and D3). Microbreweries (the Use) have emerged in the Wynwood neighborhood, previously zoned D1, and are characterized by low -to -moderate volume distribution and prominent commercial components. Moderate -scale beer brewing operations, not to exceed 15,000 barrels of production per year, can be reasonably permitted in other areas of the City of Miami. The boundaries of existing cultural specialty districts were drawn to minimize the impacts of concentrated alcohol service establishments on residential neighborhoods. As such, these areas have an established resiliency to the potential Impacts of deliveries, distribution, and manufacturing functions associated with Microbrewery operations. In order to allow for Microbreweries to exist outside of industrial areas; they will have to be independently defined, limited to appropriate areas, and subject to supplemental nuisance abatement regulations. Pursuant to Article 7.1.2.2 of the Miami 21 Code, as amended which establishes the criteria for "Determination of Use", it is hereby determined that Microbreweries shall be permitted as Alcohol Service Establishments within existing cultural specialty districts (described in Chapter 4 of the Miami Code of Ordinances). Microbrewery Definition: An establishment that is primarily a manufacturing facility, where beer is produced for wider distribution and consumption on premises, with a maximum production of 15,000 barrels of beer per year. The establishment shall include retail sales, a tasting room, and/or a restaurant where beer manufactured onsite is served. Microbrewery Supplemental Regulations: The purpose and intent of these regulations are to: • Establish baseline nuisance abatement standards, beyond those prescribed in Miami 21, to allow Microbreweries in mixed-use areas. Encourage beer manufacturers and distributors to provide retail sales and/or an opportunity to consume on premises. Promote compatibility of Microbreweries and the surrounding land uses. Building disposition and configuration • Microbreweries will be limited to the first story of the Principal Building and a maximum area of 20,000 square feet. • The retail and/or consumption component of a Microbrewery shall be located on a Principal Frontage. • The manufacturing and distribution functions of a Microbrewery shall be within a fully enclosed structure or Building. • Unless otherwise stated herein, Microbreweries shall be subject to the regulations of the underlying Transect Zone. Determination No. 2016-02 Microbrewery May 24, 2016 Permitting Microbreweries may be permitted as Alcohol Service Establishments provided that they are located within a cultural specialty district, as defined in Chapter 4 of the Miami Code of Ordinances. Offsite impact standards • Vibration standard — In general; a person of normal sensitivities should not be able to feel any vibrations. (0.002g peak) c Vibrations lasting less than five (5) minutes per day are exempt. Vibrations from vehicles that leave the site are exempt. • Odor standard — In general; continuous, frequent, or repetitive odors may not be produced. The odor threshold is the point at which an odor may just be detected. • Sound standard — In general; continuous, frequent, or repetitive sounds may not be produced. c Sound standards are further defined in Chapter 36 of the Miami Code of Ordinances. • Measurements for compliance with these standards are made from the property line of abutting properties. At the next opportunity, this department will initiate a proposed amendment to the Miami 21 Code to appropriately reflect this Determination. Until final action has been taken by the City Commission on the proposed amendment, this Determination shall be binding on all officers and agencies of the City as an interim administrative ruling, and become effective upon the publication of the Determination and conclusion of the applicable appeal period, pursuant to 7.1.2.2 (a), (b), and (c) of the Miami 21 Code. cc, Honorable Mayor and Commissioners Daniel J. Alfonso, City Manager Nzeribe Ihekwaba, PhD, PE, Assistant City Manager Victoria Mendez, Esq., City Attorney Maurice Pons, Acting Director, Building Department Vanessa I. Acosta, Esq., Director, Neighborhood Enhancement Team Olga Zamora, Chief of Hearing Boards CITY COMMISSION FACT SHEET File ID: (ID # 1220) Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL IMPACT ("DDRI"), ENCOMPASSING AN AREA OF THE CITY OF MIAMI ("CITY") UNDER THE JURISDICTION OF THE DOWNTOWN DEVELOPMENT AUTHORITY ("DDA") WITH THE EXCEPTION OF THE AREA ENCOMPASSING THE SOUTHEAST OVERTOWN PARK WEST DEVELOPMENT OF REGIONAL IMPACT ("SEOPW DRI"), AS MORE PARTICULARLY DESCRIBED HEREIN, PURSUANT TO AN APPLICATION FOR DEVELOPMENT APPROVAL PROPOSED BY THE DDA; AUTHORIZING AN INCREMENT III DEVELOPMENT ORDER; APPROVING SAID DDRI AFTER CONSIDERING THE REPORT AND RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL AND THE CITY'S PLANNING, ZONING AND APPEALS BOARD, SUBJECT TO THE CONDITIONS OF THE INCREMENT III DEVELOPMENT ORDER ATTACHED HERETO AS "EXHIBIT A", THE APPLICATION FOR DEVELOPMENT APPROVAL, INCORPORATED HEREIN BY REFERENCE, AND THE REPORT AND RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL, INCORPORATED HEREIN BY REFERENCE; MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW; PROVIDING THAT THE INCREMENT III DEVELOPMENT ORDER SHALL BE BINDING ON THE APPLICANT AND SUCCESSORS IN INTEREST; DIRECTING TRANSMITTAL OF CERTIFIED COPIES OF THIS RESOLUTION AND THE AMENDED DDRI INCREMENT III DEVELOPMENT ORDER TO AFFECTED AGENCIES AND THE APPLICANT AS DESIGNATED HEREIN; DIRECTING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO FULFILL THE CITY'S OBLIGATIONS UNDER THE INCREMENT III DEVELOPMENT ORDER; PROVIDING FOR A TERMINATION DATE; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami and The Downtown Development Authority ("DDA") as co -applicant PURPOSE: This will amend the Downtown Development of Regional Impact ("DRI") by authorizing an Increment III Development Order. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on September 7, 2016, by a vote of 9-1. 60 -day Public Comment Period: September 14, 2016 - November 12, 2016 City of Miami Legislation Ordinance File Number: 1220 City Hall 3500 Pan Ameican Drive Miami, FL 33133 www.miamigov.com Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL IMPACT ("DDRI"), ENCOMPASSING AN AREA OF THE CITY OF MIAMI ("CITY") UNDER THE JURISDICTION OF THE DOWNTOWN DEVELOPMENT AUTHORITY ("DDA") WITH THE EXCEPTION OF THE AREA ENCOMPASSING THE SOUTHEAST OVERTOWN PARK WEST DEVELOPMENT OF REGIONAL IMPACT ("SEOPW DRI"), AS MORE PARTICULARLY DESCRIBED HEREIN, PURSUANT TO AN APPLICATION FOR DEVELOPMENT APPROVAL PROPOSED BY THE DDA; AUTHORIZING AN INCREMENT III DEVELOPMENT ORDER; APPROVING SAID DDRI AFTER CONSIDERING THE REPORT AND RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL AND THE CITY'S PLANNING, ZONING AND APPEALS BOARD, SUBJECT TO THE CONDITIONS OF THE INCREMENT III DEVELOPMENT ORDER ATTACHED HERETO AS "EXHIBIT A", THE APPLICATION FOR DEVELOPMENT APPROVAL, INCORPORATED HEREIN BY REFERENCE, AND THE REPORT AND RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL, INCORPORATED HEREIN BY REFERENCE; MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW; PROVIDING THAT THE INCREMENT III DEVELOPMENT ORDER SHALL BE BINDING ON THE APPLICANT AND SUCCESSORS IN INTEREST; DIRECTING TRANSMITTAL OF CERTIFIED COPIES OF THIS RESOLUTION AND THE AMENDED DDRI INCREMENT III DEVELOPMENT ORDER TO AFFECTED AGENCIES AND THE APPLICANT AS DESIGNATED HEREIN; DIRECTING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO FULFILL THE CITY'S OBLIGATIONS UNDER THE INCREMENT III DEVELOPMENT ORDER; PROVIDING FOR A TERMINATION DATE; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on December 10, 1987, the City of Miami ("City") approved a Master and Increment I Development Order for the portion of Downtown Miami within the Downtown Development Authority's ("DDA") boundary, with the exception of the area encompassing the Southeast Overtown/Park West Development of Regional Impact ("SEOPW DRI"), known as the Downtown Miami Development of Regional Impact ("DDRI") pursuant to Section 380, Florida Statutes; and WHEREAS, on December 12, 2002, the City approved an Increment II Development Order for the DDRI for the same area; and WHEREAS, Increment II's development capacity is nearly exhausted; and WHEREAS, on February 17, 2015, the DDA and the Florida Department of Economic Opportunity ("DEO") entered into an Agreement Authorizing Interim Development for the DDRI Increment III pursuant to Section 380.032, Florida Statutes, which authorized commencement of interim development pursuant to this Increment III in advance of issuance of this final Development Order to allow for development to continue under the soon-to-be exhausted Increment II; and WHEREAS, the DDA filed its Application for Development Approval ("ADA") for the DDRI in April 2015 to the South Florida Regional Council, f/k/a the South Florida Regional Planning Council ("SFRC"); and WHEREAS, the SFRC approved the DDA's ADA for the DDRI at its June 6, 2016 meeting subject to the conditions imposed in the Development Order; and WHEREAS, on September 7, 2016, the Planning, Zoning and Appeals Board ("PZAB") adopted Resolution No. PZAB-R-16-043 by a vote of nine to one (9-1), item no. PZAB.3, recommending approval of the DDRI Increment III; and WHEREAS, on November 17, 2016, the City Commission held a public hearing regarding the DDRI; and WHEREAS, the City Commission considered the ADA, the report and recommendations of the SFRC, and all elements of Section 380.06, Florida Statutes, including, but not limited to, consistency with the Miami Comprehensive Neighborhood Plan, as amended, consistency with the Miami 21 Code, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), consistency with the report and recommendations of the SFRC, and consistency with the State Comprehensive Plan as described in Section 187.201, Florida Statutes; and WHEREAS, the City Commission finds that it is in the best interest of the general welfare of the City to issue an Increment III Development Order for the DDRI as set forth herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The findings of fact and conclusions of law are made with respect to the DDRI Increment III project as described in the DDRI Increment III Development Order, as described herein and made a part hereof by reference, applicable to the area within the City under the jurisdiction of the DDA with the exception of the area encompassed by the SEOPW DRI, more particularly described in Exhibit E of this Ordinance. Section 2. The Increment III Development Order for the DDRI is granted, issued, and hereby adopted as described as follows': Increment III Development Order Conditions THE CITY OF MIAMI SHALL: PROJECT INFORMATION, PROGRAM AND GENERAL CONDITIONS 1. Require all development pursuant to this Development Order to be in accordance with the City's Comprehensive Neighborhood Plan, applicable land development regulations, ordinances, building codes, and other laws. 2. The deadline for commencing any development under this Increment III shall be three (3) years from the effective date of this Development Order. 3. Total Allowable Development under this Development Order shall be limited to: DEVELOPMENT PROGRAM 1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. *An additional 42 slips are vested from DRI review pursuant to DCA BLIVR 11003-001. a. Upon the issuance of a Certificate of Occupancy for any Net New Development as defined in Section 14-122 of the Code of the City of Miami, Florida, as amended ("City Code"), the City shall make appropriate deductions from the amount of Total Allowable Development under this Development Order. No Building Permit shall be issued for Net New Development which would, in the aggregate, exceed the amount of Total Allowable Development under this Development Order. The City may permit simultaneous increases and decreases in the above described land use categories consistent with the Equivalency Matrix attached hereto as Exhibit "A" (Equivalency Matrix), without the need of filing for a Notice of Proposed Change ("NOPC") provided that the regional impacts of the land uses in Increment III of the Project as approved, as measured by total peak hour vehicle trips, are not increased. Nothing herein changes, grants, or otherwise alters any rights, conditions, commitments, obligations or limitations upon development projects that commenced within and/or which are credited to Increments I and II of the DDRI. b. On February 17, 2015, the DDA and DEO entered into an Agreement Authorizing Interim Development for the Downtown Miami Development of Regional Impact Increment III Pursuant to Section 380.032, Florida Statutes ("Agreement"), which authorized commencement of interim development pursuant to this Increment III in advance of issuance of this final Development Order. Such development under Increment III and pursuant to this Development Order has commenced. It is understood that any development that has commenced under this Increment III Increment II Increment III Increment I Buildout- Buildout - Land Uses Buildout- Totals September 28, September 1, May 28, 2003 2019 2025 Office (includes 3,681,890 1,220,000 2,500,000 7,401,890 Government) (gross square feet) Government Office 300,000 0 Government 300,000 (gross square feet) Offices are included in General Office Category Retail/Service 1,453,500 747,774 758,000 2,959,274 (gross square feet) Hotel 4,500 1,605 2,000 8,105 (rooms) Residential 10,550 6,750 18,000 35,300 (dwelling units) Convention 500,000 300,000 0 800,000 (gross square feet) Wholesale/Industrial 1,050,000 550,000 250,000 1,850,000 (gross square feet) Institutional 200,000 350,000 150,000 700,000 (gross square feet) Attractions/Recreation 30,500 59,000 2,000 91,500 (seats) Marine Facilities 100,000 50 wet slips* 0 100,000 *An additional 42 slips are vested from DRI review pursuant to DCA BLIVR 11003-001. a. Upon the issuance of a Certificate of Occupancy for any Net New Development as defined in Section 14-122 of the Code of the City of Miami, Florida, as amended ("City Code"), the City shall make appropriate deductions from the amount of Total Allowable Development under this Development Order. No Building Permit shall be issued for Net New Development which would, in the aggregate, exceed the amount of Total Allowable Development under this Development Order. The City may permit simultaneous increases and decreases in the above described land use categories consistent with the Equivalency Matrix attached hereto as Exhibit "A" (Equivalency Matrix), without the need of filing for a Notice of Proposed Change ("NOPC") provided that the regional impacts of the land uses in Increment III of the Project as approved, as measured by total peak hour vehicle trips, are not increased. Nothing herein changes, grants, or otherwise alters any rights, conditions, commitments, obligations or limitations upon development projects that commenced within and/or which are credited to Increments I and II of the DDRI. b. On February 17, 2015, the DDA and DEO entered into an Agreement Authorizing Interim Development for the Downtown Miami Development of Regional Impact Increment III Pursuant to Section 380.032, Florida Statutes ("Agreement"), which authorized commencement of interim development pursuant to this Increment III in advance of issuance of this final Development Order. Such development under Increment III and pursuant to this Development Order has commenced. It is understood that any development that has commenced under this Increment III was required to pay all credits applicable to the development of the Project as if it was to be developed under Increment II of the Downtown Development of Regional Impact and all applicable ordinances and statutory requirements. Further, said development was obligated and recognizes that Increment III, when authorized as provided by law, may contain different coefficients or other calculation methodology that could cause fees for credits under Increment III to be substantially changed from those of Increment II. Any development that commenced prior to the adoption of Increment III is also obligated to pay any additional fees applicable to the development of the project pursuant to Increment I II within thirty (30) days of the final approval and expiration of all appeal periods for the approval of the Increment III development order and, in all events, prior to the issuance of a certificate of use and/or occupancy for development of any project that does not qualify for Increment II credits. 4. Monitor the capacity of Total Allowable Development by reserving the amount of Development Credits necessary for Net New Development at a time, to be determined by the City, prior to or coincident with approval of a building permit or other appropriate City approvals. The City shall place reasonable time limits on all building permits to assure that construction progresses within a reasonable period of time after approval to prevent stockpiling of reservations for Development Credits. The time period established by the City shall take into account the size of the proposed Net New Development in relationship to the time necessary to begin construction. 5. The buildout date, for authorizing development through the issuance of building and other permits, shall be September 1, 2025. September 1, 2025 is hereby established as the expiration/termination date for the development order. Upon the occurrence of the expiration/termination date, the City of Miami Downtown Development of Regional Impact Master and all incremental development orders shall be expired, terminated and of no further force and effect. The buildout and expiration/termination dates may only be modified in accordance with Section 380.06(19), Florida Statutes. 6. Establish September 1, 2025 as the date until which the City agrees that the Downtown Miami Increment III Development of Regional Impact shall not be subject to downzoning, unit density reduction, or intensity reduction, unless the City can demonstrate that substantial changes in the conditions underlying the approval of the development order have occurred, or that the development order was based on substantially inaccurate information provided by the Applicant, or that the change is clearly essential to the public health, safety or welfare. 7. The City Manager, by and through his/her designees, is hereby designated to monitor compliance with all conditions and the enforcement of this Development Order and shall have the duty and authority to interpret the provisions of this Development Order and to promulgate rulings, regulations, and procedures necessary to implement it, provided the same are not inconsistent with the terms hereof or of Section 380.06, Florida Statutes, or duly promulgated and adopted rules there under. Appeals to decisions of the City Manager may be filed pursuant to procedures set forth in the City Code and land development regulations, as amended. Any noncompliance shall be subject to the provisions of Condition 8 herein. 8. The City shall not violate any of the conditions of this Development Order or otherwise fail to act substantially in compliance with this Development Order or permit any property owner within the boundaries covered by this Development Order to violate any of the provisions of this Development Order. In the event any entity controlled by the Applicant and/or the City or any permittee or landowner of any Parcel of Land violates (hereinafter "violator") the provisions of this Development Order, the City shall stay the effectiveness of this Development Order as to the parcel or tract of land in which the violative activity or conduct has occurred and withhold further permits, approvals, and services for development in said Parcel of Land upon passage of any appropriate resolution by the City, adopted in accordance with this section, finding that such violation has occurred. The violator will be given written notice by the City that states: 1) the nature of the purported violation, and 2) that unless the violation is cured within thirty (30) days of said notice, the City will hold a public hearing to consider the matter within sixty (60) days of the date of said notice. In the event the violation is not curable in thirty (30) days, the violator's diligent good faith efforts, as determined by the City, to cure the violation within that period will obviate the need to hold a public hearing and this Development Order will remain in full force and effect unless the violator does not diligently pursue the curative action to completion within a reasonable time, in which event the City will give fifteen (15) days' notice to the violator of its intention to stay the effectiveness of this Development Order and withhold further permits, approvals, and services to the Parcel of Land in which the violation has occurred and until the violation is cured. The terms of this paragraph may be modified from time to time by written agreement by the DDA, the City, and SFRC staff, to enable the City to enforce the terms of this Development Order to the fullest extent, while providing due process to all developers under this Development Order. 9. The City, along with the DDA, shall integrate all original and supplemental ADA information into a Consolidated Application for Development Approval (CADA) and submit two copies of the CADA to the SFRC, one copy to the City Clerk, one copy to the Florida Department of Transportation, and one copy to the DEO within thirty (30) days of the effective date of this Development Order. The CADA shall be prepared as follows: a. Where new, clarified, or revised information was prepared subsequent to submittal of the ADA but prior to issuance of this Development Order, whether in response to a formal statement of information needed or otherwise, the original pages of the ADA will be replaced with revised pages. b. Revised pages will have a "Page Number (R) - Date" notation, with "Page Number" being the number of the original page, "(R)" indicating that the page was revised, and "Date" stating the date of the revision. The CADA is incorporated herein by reference and will be relied upon by the parties in discharging their statutory duties under Section 380.06, Florida Statutes (2016), and local ordinances. Substantial compliance with the factual representations contained in the CADA is a condition for approval unless, for good cause, waived or modified by agreement among the SFRC, City, and DDA, their successors, and/or assigns. All terms, proposals, suggestions and procedures proposed in the ADA, but not specifically incorporated in this Development Order, shall not be considered a part of the CADA insofar as they may have been deemed to place a requirement on the City to take any action or abstain from taking any action. The terms of this Development Order shall control and any requirements to the City are specifically enumerated herein. 10. The City shall prepare an Annual Report and submit copies to the SFRC, the City Clerk and DEO/State Land Planning Agency on or before each anniversary date of this Development Order. The Annual Report for Downtown Miami Increment III must also be incorporated into the Annual Report required in the Downtown Miami Master Development Order so that a single Annual Report is compiled for the entire Project. The Annual Report shall include, at a minimum: a. A complete response to each question in Exhibit "B" (Form Annual Report Questionnaire). b. Identification and description of any known changes in the plan of development, or in the representations contained in the CADA, or in the phasing for the reporting year and for the next year. A summary comparison of Total Allowable Development and Net New Development proposed and actually approved during the year, including locations, acreage, square footage, number of units, and other units of land uses included within Total Allowable Development, and the acreage zoned and developed as City parks within the boundaries of the Downtown DRI. An assessment of the Applicant's compliance with the conditions of approval contained in this Development Order and the commitments which are contained in the ADA and which have been identified by the City, the SFRC, or the DEO as being significant. e. Specification of any amended DRI applications for development approval or requests for a substantial deviation determination that were filed in the reporting year. An indication of change, if any, in City jurisdiction for any portion of the development since issuance of this Development Order. g. A statement that all agencies have been sent copies of the Annual Report in conformance with Section 380.06(18), Florida Statutes. A copy of any recorded notice of the adoption of this Development Order or any subsequent modification that was recorded by the Applicant pursuant to Section 380.06(15), Florida Statutes. Any other information reasonably required by State Land Planning Agency and the SFRC, in accordance with Section 380.06, Florida Statutes. A comparison of the amount of development approved in each land use category contained in the Development Program and the amount of the Development Program actually developed as of the end of each year. A statement that sufficient capacities of public facilities and services are available to serve the remaining development are available or planned and a statement of the condition of archeological resources. Provide Economic Development/Jobs information as provided in Condition 23. M. An assessment of the Applicant's and the City's compliance with all conditions contained in the Increment III Development Order. Flagstone Island Gardens, LLC shall be responsible for providing the required Annual Report to City, SFRC and DEO for the Watson Island Property. ENVIRONMENTAL 11. Assure and require that any fill material utilized within any construction sites within the DDRI Area, whether from onsite excavation activities or from offsite sources, meets the clean soils criteria of the Florida Department of Environmental Protection ("FDEP") and the Miami Dade Department of Regulatory and Economic Resources ("RER") Division of Environmental Resources Management ("DERM"), as applicable and as may be amended from time to time. 12. Enforce the requirements of the Miami -Dade County Shoreline Development Review Ordinance No. 85-14 (codified as Article III, Chapter 33D of the Miami -Dade County Code) for all qualifying developments within the Shoreline Development boundary. 13. a. Continue its efforts to address the potential impacts of sea level rise upon the Downtown, the City and Miami Dade County, by reasonably addressing the findings of the City's Sea Level Rise Committee established pursuant to City Resolution No. 15-0072 (adopted on February 26, 2015) and any subsequent sea level rise committees and groups as established from time to time, and through the implementation of the following and subsequent City ordinances, Comprehensive Neighborhood Plan objectives and policies, and City resolutions: 1) Ordinance 13550 (dated September 10, 2015) Comprehensive Plan Amendment 2) Comprehensive Neighborhood Plan Objective LU -1.8. 3) Comprehensive Neighborhood Plan Policy LU -1.8.1. 4) Comprehensive Neighborhood Plan Policy LU -1.8.2. 5) Comprehensive Neighborhood Plan Policy LU -1.8.3. 6) Comprehensive Neighborhood Plan Policy LU -1.8.4. 7) Comprehensive Neighborhood Plan Policy LU -1.8.5. 8) Comprehensive Neighborhood Plan Policy CM -1.4.2. 9) Comprehensive Neighborhood Plan Policy CI -1.2.6. 10) Comprehensive Neighborhood Plan Policy IC -1.1.910. 11) City Resolution R-14-0420 (dated October 23, 2014). The findings of the Southeast Florida Regional Climate Change Compact shall be taken into consideration, as reasonable and appropriate, in future decisions regarding the design, location, and development of infrastructure and public facilities in the City and to meet or exceed adopted Level of Service (LOS) Standards. b. Cooperate and coordinate efforts with the Miami Dade County Office of Resilience in planning for and addressing, as is reasonable and appropriate, the coordination of activities contemplated by the Sea Level Rise Task Force as formed through Miami -Dade County Resolution No. 599-13, adopted on July 2, 2013 as amended by Resolution No. 744-13 following Miami -Dade County ordinances and resolutions: 1) R-451-14 (dated May 6, 2014). 2) Ordinance No. 14-79 (dated September 3, 2014). 3) R-44-15 (dated January 21, 2015). 4) R-45-15 (dated January 21, 2015). 5) R-46-15 (dated January 21, 2015). 6) R-47-15 (dated January 21, 2015). 7) R-48-15 (dated January 21, 2015) (This resolution pertains to Flood Damage Reduction). 8) R-49-15 (dated January 21, 2015). 9) R-903-15 (dated October 6, 2015). 10) R-66-16 (dated January 20, 2016). As part of the pending Evaluation and Appraisal of its Comprehensive Neighborhood Plan, the City shall consider establishing an Adaptation Action Area within the boundaries of the Downtown DRI and adopting additional policies within the Coastal Management Element and City Code changes to improve resilience to coastal flooding resulting from high -tide events, storm surge, flash floods, stormwater runoff, and related impacts of sea -level rise. INFRASTRUCTURE AND SERVICES 14. a. Based upon the transit impacts directly related to and generated by the Total Allowable Development for Increment III, pay, contractor otherwise commit to and pay or cause the payment of a total of $6,005,829 (2016 dollars) to Miami Dade County, to be expended on some or all of the following transit projects as shown on the Transit Improvement Chart provided as Exhibit "C" ("Transit Commitment"), as follows: 1) Government Center Station Upgrade 2) Historic Overtown/Lyric Theatre Station Upgrade 3) Brickell Metrorail/Metromover Station Upgrade 4) Downtown Intermodal Bus Terminal 5) Bus -Only Lanes in Downtown Miami Alternative projects may be added or substituted to this list, subject to the agreement of the City and Miami Dade County. The City shall collect the Transit Commitment proportionally from development within the DDRI boundaries and pay, contract or otherwise commit or cause to pay to Miami Dade County, $1,981,923.57 within sixty (60) days from the date of issuance of building permits that would result in the construction of more than thirty- three (33) percent of the Total Allowable Development, an additional $1,981,923.57 within sixty (60) days from the date of issuance of building permits that would result in the construction of more than sixty-six ( 66) percent of the Total Allowable Development, and an additional $2,041,981.86 within sixty (60) days from the date of issuance of the building permits that would result in the construction of more than on e h u n d re d (1 00) percent of the Total Allowable Development. Any payment of fees to the County in satisfaction of this condition shall be reported to the SFRC within one (1) year of the receipt of such payment by the County. b. Based upon the roadway impacts generated by Total Allowable Development for Increment III, pay or contract to pay $374,206.08 (proportionate share in 2016 dollars), to be expended on transportation improvements, including but not limited to pedestrian and alternative transportation mode improvements within the DDRI study area, and the turn lanes described in condition 14c, below, at the City's discretion. The Applicant shall pay or contract to pay $123,488.01 within sixty (60) days from the date of issuance of building permits that would result in the construction of more than 33 percent of the Total Allowable Development, an additional $123,488.01 within sixty (60) days from the date of issuance of building permits that would result in the construction of more than 66 percent of the Total Allowable Development, and an additional $127,230.01 within sixty (60) days from the date of issuance of building permits that would result in the construction of more than 100 percent of the Total Allowable Development. C. Prior to the issuance of the first certificate of occupancy for the vertical construction within contiguous properties, where feasible, construct or cause the construction of a northbound right -turn at the intersection of NE 2 Avenue at NE 15 Street, provided adequate right of way can be made available, and a northbound right -turn at the intersection of NE 2 Avenue at NE 18 Street, provided adequate right of way can be made available. 15. Implement Transportation Demand Management (TDM) strategies and coordinate with the Miami Dade County Department of Transportation and Public Works and other local agencies and authorities such as the Miami Parking Authority, to encourage, explore and expand transit and commuter options within the DDRI Boundaries, including trolley and alternative commuter options, including: a. Transit and traffic educational programs obtained from South Florida Commuter Services; b. Preferential parking and treatments for carpool and vanpool participants; C. Provide documentation promoting the spreading of travel demands for travel off peak periods, such as staggered work hours, flex -time, compressed work hours, telecommuting; Promote alternative forms of transportation such as car -share and bike -share programs; and d. Other transportation initiatives as agreed upon by the City and DDA 16. Continue to coordinate with the Miami -Dade County Water and Sewer Department (WASD) to upgrade the water and sewer infrastructure within the DDRI Area. 17. Continue to coordinate with the City's Police Department to ensure adequate provision of police services within DDRI Boundaries. 18. Continue to work with the City's Fire Department to ensure the adequate provision of fire/rescue services within DDRI Boundaries. 19. a. The City shall comply with the terms of the Amended and Restated Interlocal Agreement for Public School Facility Planning in Miami -Dade County. The City shall promote, in collaboration with the School Board, Miami Dade County and developers of projects within the boundaries of the DDRI, as is practical, the following: (1) assess existing schools for capacity and curricular expansion and amplification, (2) provide information to developers about possible incorporation of customized, small District -operated educational facilities within their development, or (3) explore opportunities for provision of educational facilities, in addition to those which currently exist (as referenced in (1) above), on public land owned by the City, Miami -Dade County, the School District or other public entity with assets in or near the DDRI area. b. The City shall establish, or, with input from the DDA, work to establish, an education task force to evaluate creative educational options and alternatives, to serve Downtown and other City residents and workers. 20. Work with Miami -Dade County Office of Emergency Management to coordinate emergency evacuation measures from Downtown and to ensure adequate shelter capacity for the occupants of planned new residential units within the DDRI. 21. Coordinate with the City Parks Department to identify opportunities to provide additional public park space within the Downtown. Coordinate with developers of projects within the Downtown for the provision of recreation areas within their developments (private property) that would be open and available to the public. 22. Amend City Ordinance No. 12678 (as amended and codified as Article II, Chapter 13 of the City Code) to assess development for its proportionate share of the cost of improvement and/or services necessary to monitor and/or mitigate any adverse impacts of Increment III. Said amendment shall also have authority to assess development its proportionate share of the costs attributable to preparation of the master plan, the Application for Development Approval, and this Development Order, as well as the future costs of reviewing individual development applications, monitoring compliance with this Development Order, and any other costs reasonably related to the administration and implementation of this Development Order. If necessary, the City shall establish a procedure for rebating any funds collected in excess of those funds attributable to a particular development and necessary to implement this Development Order or any ordinance or procedure required to monitor and enforce compliance with this Development Order and to mitigate the impacts of Total Allowable Development under this Increment III. ECONOMIC DEVELOPMENT 23. Utilize economic development enhancement resource agencies and programs designed to involve small and minority businesses in the development and expansion of permanent job opportunities within the project. Examples of such agencies and programs include, but are not limited to, those contained in the Miami Dade County Internal Services Department Small Business Development List of Certified Firms and the South Florida Small and Minority Business Resource Directory. The Applicant will attempt to access the range of job skills available in the region and promote greater labor force enhancement. At a minimum, the Applicant is encouraged to provide potential commercial tenants with information about employment and training agencies that maintain a database of trained/skilled workers to consider in meeting the project's employment needs. This information shall be annually updated and submitted as part of the Annual Status Report. 24. The City shall establish ordinances, programs or other mechanisms that require that housing available for purchase or rental by extremely low (up to 30% Area Median Income or AMI), very -low (up to 50% of AMI), low (up to 80% of AMI), moderate (up to 120% of AMI), workforce (up to 140% of AM[) populations (as such terms are defined in section 420.9071, Florida Statutes; sections 17-131 and 33-193.6 of the Miami Dade County Code; and Section 13-5 of the City Code) be constructed or caused to be constructed in an amount equal to no less than 2700 dwelling units or fifteen percent (15%) of the residential units proposed within the DDRI Increment III within an area of a ten (10) mile or a twenty (20) minute commute shed from and within the boundaries of this DDRI, whichever is less (Exhibit " D"; Housing Commute Shed), but in all events, within the jurisdiction of the City. Provided, however, in order to encourage the development of housing for very -low, low, moderate, and workforce populations within the boundaries of this DDRI, any units constructed within such boundaries shall be counted at a ratio of 1.5:1. Units constructed in satisfaction of the SEOPW DRI affordable housing condition shall not be counted toward satisfying this condition. All housing units for extremely low, very -low, low, moderate, and workforce populations constructed and conveyed pursuant to this condition shall limit resale to a price in accordance with the affordable or workforce price for a control period of twenty (20) years, or more, by providing an appropriately enforceable assurance that said unit shall not be offered for a price greater than the maximum workforce housing unit sales price as such is established by the Miami Dade County Department of Regulatory and Economic Resources at the time of said sale. If the units are sold during the initial twenty year control period, a new twenty year period for affordable or workforce housing will apply to the new owners. Said binding and enforceable agreement may be, but is not limited to, a Development Agreement, Land Use Restriction Agreement, Declaration of Restrictive Covenants, or, if a Community Land Trust, with a Memorandum of Ground Lease, recorded in the public records of Miami Dade County. All rental housing for extremely low, very -low, low, moderate, and workforce populations provided in satisfaction of this condition, shall be maintained by the owner as affordable for low, moderate, and/or workforce incomes for a period of twenty (20) years. If the units are sold during the initial twenty year period, a new twenty year period will apply. In lieu of actually providing said housing units for extremely low, very -low, low, moderate, and workforce populations, in whole or in part, the City may establish an affordable/workforce housing trust fund to be used to fund construction of or access to affordable or workforce units and authorize a payment in lieu of actually providing the housing units for very -low, low, moderate, and workforce populations. The payment in lieu shall be based on a reasonable formula for the purchase/construction each unit. The Applicant will work with SFRC staff to explore creative affordable/workforce housing solutions (including, micro -units, co -living, reduced parking requirements, mixed -income housing and "rent to buy" programs, the rehabilitation of existing housing units) and to ensure a balanced distribution of housing, based on income levels. 25. Withhold the issuance of any building permits (including phase permits) that would not ensure the preservation of historic and archeological resources that have been formally designated as historic by the City, pursuant to Section 23-4 of the City Code. Continue to explore the designation of additional qualified sites within the boundaries of the DDRI. MISCELLANEOUS 26. The effective date of this Development Order shall be forty-five (45) days from receipt of its transmittal to the Department of Economic Opportunity, SFRC, and City; provided, however, that if this Development Order is appealed, the effective date will not start until the day after all appeals have been withdrawn or resolved pursuant to Section 380.07, Florida Statutes. 27. Within thirty (30) days of the effective date of this Development Order, a notice of adoption of this development order it shall be recorded with the Clerk, Dade County Circuit Court, pursuant to Section 380.06(15), Florida Statutes. The notice shall include a legal description of the property covered by this Development Order (Exhibit "E") and shall state which unit of local government adopted the development order, the date of adoption, the date of adoption of any amendments to the development order, the location where the adopted order with any amendments may be examined, and that the development order constitutes a land development regulation applicable to the property. The recording of this notice shall not constitute a lien, cloud, or encumbrance on real property, or actual or constructive notice of any such lien, cloud, or encumbrance. 28. The existence of this Development Order shall not act to limit or proscribe the rights of any person under Section 380.06, Florida Statutes, to file an ADA and obtain an individual development order for property covered by this Development Order, notwithstanding the existence of this Development Order. In the event that such an individual development order is approved and becomes effective, the individual development order shall control development of the property covered by the individual development order and the terms and conditions of this Development Order shall no longer be binding upon the property. Any such individual development orders shall, by their terms be consistent with the objectives and conditions of this Development Order. 29. This Development Order shall not repeal, nor amend in any way, any other currently effective development order or building permit within the subject area previously issued by the City Commission pursuant to Section 380.06, Florida Statutes. This Development Order shall not create nor authorize the creation or imposition of any additional requirements or restrictions, with respect to any present or future development under any currently effective Development Order or building permit issued prior hereto. Notwithstanding this paragraph, the City shall continue to have whatever authority pursuant to law it may now have or may acquire in the future (other than by virtue of this Development Order). 30. This Development Order shall not create nor impose any additional requirements or restrictions upon the City with respect to its powers to enact impact fee or assessment ordinances on development, including Net New Development under this Development Order and future development of the City, as such impact fees or assessments may be authorized by law. 31. In the event that a substantial deviation is determined under the terms of this Development Order or Section 380.06, Florida Statutes, the City shall retain its ability to issue building permits and shall continue to do so unabated, subject to the terms and conditions of this Development Order. 32. In the event that this Development Order is subject to litigation wherein an injunction is issued staying the enforcement of this Development Order, the City shall either, under this Development Order or under the powers granted it by state law, be permitted to continue to issue building permits and Certificates of Occupancy until such time as a final resolution of the litigation occurs, unless the court expressly prohibits such action. Section 3. The following findings of fact are hereby confirmed and adopted with respect to the DDRI Increment III: A. The findings and determinations of fact set forth in the recitals of this ordinance adopting this Development Order are hereby confirmed. B. The real property which is the subject of this Development Order is legally described in Exhibit "E" of this ordinance. C. The City filed the ADA with the City, the SFRC, and the Florida Department of Economic Opportunity. D. The ADA has been filed by the DDA pursuant to Section 380.06(22), Florida Statutes, authorizing the DDA to apply for development approval and receive a development order for any or all of the area within its jurisdiction. Individual developments are not identified or required to be identified in the CADA. E. The purpose of the CADA is to identify and assess probable regional impacts and to obtain approval for Total Allowable Development in accordance with the general guidelines set forth in this Development Order and the CADA. The concept is to recognize the DDRI boundary as a single area of high intensity development and to focus the DRI review process primarily on the impacts that Total Allowable Development within the area will have on land, water, transportation, environmental, community services, energy and other resources and systems of regional significance. The CADA seeks a single DRI review process for overall phased development of the DDRI area rather than requiring each individual DRI scale development within the downtown area to file for separate DRI reviews. F. Development within the DDRI boundaries is expected to continue to be accomplished over an extended period of time by a variety of developers, which may include the City and other governmental entities. These developers may respond to market demand and technologies that can only be estimated in the CADA. The CADA and the DO are intended to serve as flexible guides for planned development of the DDRI Area rather than a precise blueprint for its development. Therefore, pursuant to Section 380.06(21)(b) Florida Statutes, as amended, the CADA seeks master development approval for three increments of development over time as set forth in Section 2 and specific development approval for Increment III, which is the third phase of development projected for a period ending in 2025. Subsequent incremental applications will need to be adjusted to more nearly serve as a living guide recognizing the evolution of market demand and technologies. G. The DDRI Area contains a total of approximately 1.7 square miles. The CADA proposes Net New Development within the Project Area for the land uses, quantities and phases defined herein as Total Allowable Development. H. The DDRI is not located in an area of critical state concern as designated pursuant to Section 380.06 Florida Statutes, as amended. I. A comprehensive review of the probable impacts that will be generated by the DDRI has been conducted by various City departments and state and regional agencies, as reflected in the CADA, and the SFRC staff. J. This Development Order is consistent with the report and recommendations of the SFRC, entitled "Downtown Miami DRI Increment III Regional Impact Report", dated June 6, 2016. The SFRC recommends approval of the DDRI, and all conditions to which such approval is subject are reflected herein. K. The DDRI is consistent with the State comprehensive plan pursuant to Section 187.201, Florida Statues. L. The DDRI is consistent with the adopted Miami Comprehensive Neighborhood Plan. M. The DDRI as originally approved is in accord with the district zoning classifications of Zoning Ordinance 9500, as amended. Increment III of the DDRI, as amended, will be consistent with Zoning Ordinance 13114, as amended, also known as Miami21, the comprehensive zoning ordinance of the City and other applicable City land development regulations. N. The DDRI will have a favorable impact on the economy of the City. O. The DDRI will efficiently use public transportation facilities. P. The DDRI will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment. Q. The DDRI will efficiently use necessary public facilities. R. The DDRI will include adequate mitigation measures to assure that it will not adversely affect the environment and natural resources of the City. S. The DDRI will not adversely affect living conditions in the City. T. The DDRI will not adversely affect public safety. U. There is a public need for the Project. Section 4. Having made the findings of fact contained above, the City Commission hereby concludes as a matter of law, the following: A. The City and the DDA are authorized to make application for development approval and receive a development order. B. The DDRI complies with the Miami Comprehensive Neighborhood Plan, is consistent with the orderly development and goals of the City, and complies with local land development regulations. C. The DDRI does not unreasonably interfere with the achievement of the objectives of the adopted State land development plan applicable to the City or the Regional Plan for South Florida. D. The DDRI is consistent with the report and recommendations of the SFRC and does not unreasonably interfere with any of the considerations and objectives set forth in Section 380.06 Florida Statutes, as amended. Section 5. The City Clerk is directed to immediately send certified copies of this ordinance and all exhibits attached hereto to the DEO, the SFRC, and the DDA. Section 6. The City Manager is hereby directed to take all actions necessary to fulfill the City's obligations under the terms of the DDRI Increment III Development Order. Section 7. If any section, part of a section, paragraph, clause, phrase or word of the Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 8. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission. Exhibit A Increment III Development Order Conditions THE CITY OF MIAMI SHALL: PROJECT INFORMATION, PROGRAM AND GENERAL CONDITIONS 2 3 Require all development pursuant to this Development Order to be in accordance with the City of Miami Comprehensive Neighborhood Plan, applicable land development regulations, ordinances, building codes, and other laws. The deadline for commencing any development under this Increment III shall be three (3) years from the effective date of this Development Order. Total Allowable Development under this Development Order shall be limited to: DEVELOPMENT PROGRAM *An additional 42 slips are vested from DRI review pursuant to DCA BLIVR 11003 -00 1. a. Upon the issuance of a Certificate of Occupancy for any Net New Development as defined in section 14-122 of the City Code, the City shall make appropriate deductions from the amount of Total Allowable Development under this Increment I Increment II Increment III Land Uses Buildout- Buildout- Buildout- Totals May 28, 2003 September 28, 2019 September 1, 2025 Office (includes 3,681,890 1,220,000 2,500,000 7,401,890 Government) (gross square feet) Government Office 300,000 0 Government 300,000 (gross square feet) Offices are included in General Office Category Retail/Service 1,453,500 747,774 758,000 2,959,274 (gross square feet) Hotel 4,500 1,605 2,000 8,105 (rooms) Residential 10,550 6,750 18,000 35,300 (dwelling units) Convention 500,000 300,000 0 800,000 (gross square feet) Wholesale/Industrial 1,050,000 550,000 250,000 1,850,000 (gross square feet) Institutional 200,000 350,000 150,000 700,000 (gross square feet) Attractions/Recreation 30,500 59,000 2,000 91,500 (seats) Marine Facilities 1 100,000 1 50 wet slips* 1 0 1 100,000 *An additional 42 slips are vested from DRI review pursuant to DCA BLIVR 11003 -00 1. a. Upon the issuance of a Certificate of Occupancy for any Net New Development as defined in section 14-122 of the City Code, the City shall make appropriate deductions from the amount of Total Allowable Development under this Exhibit A Development Order. No Building Permit shall be issued for Net New Development which would, in the aggregate, exceed the amount of Total Allowable Development under this Development Order. The City may permit simultaneous increases and decreases in the above described land use categories consistent with the Equivalency Matrix attached hereto as Exhibit "A" (Equivalency Matrix), without the need of filing for an NOPC (Notice of Proposed Change) provided that the regional impacts of the land uses in Increment III of the Project as approved, as measured by total peak hour vehicle trips are not increased. Nothing herein changes, grants, or otherwise alters any rights, conditions, commitments, obligations or limitations upon development projects that commenced within and/or which are credited to Increments I and II of the Downtown Development of Regional Impact. b. On February 17, 2015, the City of Miami Downtown Development Authority ("DDA") and Department of Economic Opportunity entered into an Agreement Authorizing Interim Development for the Downtown Miami Development of Regional Impact Increment III Pursuant to Section 380.032, Florida Statutes ("Agreement"), which authorized commencement of interim development pursuant to this Increment III in advance of issuance of this final Development Order. Such development under Increment III and pursuant to this Development Order has commenced. It is understood that any development that has commenced under this Increment III was required to pay all credits applicable to the development of the Project as if it was to be developed under Increment II of the Downtown Development of Regional Impact and all applicable ordinances and statutory requirements. Further, said development was obligated and recognizes that Increment III, when authorized as provided by law, may contain different coefficients or other calculation methodology that could cause fees for credits under Increment III to be substantially changed from those of Increment II_ Any development that commenced prior to the adoption of Increment III is also obligated to pay any additional fees applicable to the development of the project pursuant to Increment III within thirty (30) days of the final approval and expiration of all appeal periods for the approval of the Increment III development order and, in all events, prior to the issuance of a certificate of use and/or occupancy for development of any project that does not qualify for Increment II credits. 4. Monitor the capacity of Total Allowable Development by reserving the amount of Development Credits necessary for Net New Development at a time, to be determined by the City, prior to or coincident with approval of a building permit or other appropriate City approvals. The City shall place reasonable time limits on all building permits to assure that construction progresses within a reasonable period of time after approval to prevent stockpiling of reservations for Development Credits. The time period established by the City shall take into account the size of the proposed Net New Development in relationship to the time necessary to begin construction. 5. The buildout date, for authorizing development through the issuance of building and other permits, shall be September 1, 2025. September 1, 2025 is hereby established as the expiration/termination date for the development order. Upon the occurrence of the 2 Exhibit A expiration/termination date, the City of Miami Downtown Development of Regional Impact Master and all incremental development orders shall be expired, terminated and of no further force and effect. The buildout and expiration/termination dates may only be modified in accordance with Section 380.06(19), F.S. 6. Establish September 1, 2025 as the date until which the City agrees that the Downtown Miami Increment III Development of Regional Impact shall not be subject to downzoning, unit density reduction, or intensity reduction, unless the City can demonstrate that substantial changes in the conditions underlying the approval of the development order have occurred, or that the development order was based on substantially inaccurate information provided by the Applicant, or that the change is clearly essential to the public health, safety or welfare. 7. The City Manager, by and through his/her designees, is hereby designated to monitor compliance with all conditions and the enforcement of this Development Order and shall have the duty and authority to interpret the provisions of this Development Order and to promulgate rulings, regulations, and procedures necessary to implement it, provided the same are not inconsistent with the terms hereof or of F. S. 380.06, or duly promulgated and adopted rules there under. Appeals to decisions of the City Manager may be filed pursuant to procedures set forth in the City of Miami Code and land development regulations, as amended. Any noncompliance shall be subject to the provisions of Condition 8 herein. 8. The City shall not violate any of the conditions of this Development Order or otherwise fail to act substantially in compliance with this Development Order or permit any property owner within the boundaries covered by this Development Order to violate any of the provisions of this Development Order. In the event any entity controlled by the Applicant and/or the City or any permittee or landowner of any Parcel of Land violates (hereinafter "violator") the provisions of this Development Order, the City shall stay the effectiveness of this Development Order as to the parcel or tract of land in which the violative activity or conduct has occurred and withhold further permits, approvals, and services for development in said Parcel of Land upon passage of any appropriate resolution by the City, adopted in accordance with this section, finding that such violation has occurred. The violator will be given written notice by the City that states: 1) the nature of the purported violation, and 2) that unless the violation is cured within thirty (30) days of said notice, the City will hold a public hearing to consider the matter within sixty (60) days of the date of said notice. In the event the violation is not curable in thirty (30) days, the violator's diligent good faith efforts, as determined by the City, to cure the violation within that period will obviate the need to hold a public hearing and this Development Order will remain in full force and effect unless the violator does not diligently pursue the curative action to completion within a reasonable time, in which event the City will give fifteen (15) days' notice to the violator of its intention to stay the effectiveness of this Development Order and withhold further permits, approvals, and services to the Parcel of Land in which the violation has occurred and until the violation is cured. The terms of this paragraph may be modified from time to time by written agreement by the DDA, the City, and South Florida Regional Council ("Council") staff, to enable the City to enforce the terms of this Development Order to the fullest extent, while providing due process to all developers under this Development Order. 3 Exhibit A 9. The City, along with the DDA, shall integrate all original and supplemental ADA information into a Consolidated Application for Development Approval (CADA) and submit two copies of the CADA to the Council, one copy to the City Clerk, one copy to the Florida Department of Transportation, and one copy to the Florida Department of Economic Opportunity (DEO) within thirty (30) days of the effective date of this Development Order. The CADA shall be prepared as follows: a. Where new, clarified, or revised information was prepared subsequent to submittal of the ADA but prior to issuance of this Development Order, whether in response to a formal statement of information needed or otherwise, the original pages of the ADA will be replaced with revised pages. b. Revised pages will have a "Page Number (R) - Date" notation, with "Page Number" being the number of the original page, "(R)" indicating that the page was revised, and "Date" stating the date of the revision. C. The CADA is incorporated herein by reference and will be relied upon by the parties in discharging their statutory duties under F.S. 380.06 (2016), and local ordinances. Substantial compliance with the factual representations contained in the CADA is a condition for approval unless, for good cause, waived or modified by agreement among the Council, City, and DDA, their successors, and/or assigns. d. All terms, proposals, suggestions and procedures proposed in the ADA, but not specifically incorporated in this Development Order, shall not be considered a part of the CADA insofar as they may have been deemed to place a requirement on the City of Miami to take any action or abstain from taking any action. The terms of this Development Order shall control and any requirements to the City are specifically enumerated herein. 10. City of Miami shall prepare an Annual Report and submit copies to the Council, the City Clerk and Florida Department of Economic Opportunity/State Land Planning Agency on or before each anniversary date of this Development Order. The Annual Report for Downtown Miami Increment III must also be incorporated into the Annual Report required in the Downtown Miami Master Development Order so that a single Annual Report is compiled for the entire Project. The Annual Report shall include, at a minimum: a. A complete response to each question in Exhibit "B" (Form Annual Report Questionnaire). b. Identification and description of any known changes in the plan of development, or in the representations contained in the CADA, or in the phasing for the reporting year and for the next year. C. A summary comparison of Total Allowable Development and Net New Development proposed and actually approved during the year, including locations, acreage, square footage, number of units, and other units of land uses included within Total Allowable Development, and the acreage zoned and developed as City parks within the boundaries of the Downtown DRI. .19 Exhibit A d. An assessment of the Applicant's compliance with the conditions of approval contained in this Development Order and the commitments which are contained in the ADA and which have been identified by the City, the Council, or the Department of Economic Opportunity (DEO) as being significant. e. Specification of any amended DRI applications for development approval or requests for a substantial deviation determination that were filed in the reporting year. f. An indication of change, if any, in City jurisdiction for any portion of the development since issuance of this Development Order. g. A statement that all agencies have been sent copies of the Annual Report in conformance with F. S. 3 80.06(18). h. A copy of any recorded notice of the adoption of this Development Order or any subsequent modification that was recorded by the Applicant pursuant to F.S. 380.06(15). i. Any other information reasonably required by State Land Planning Agency and the Council, in accordance with F.S. 380.06. j. A comparison of the amount of development approved in each land use category contained in the Development Program and the amount of the Development Program actually developed as of the end of each year. k. A statement that sufficient capacities of public facilities and services are available to serve the remaining development are available or planned and a statemetn of the condition of archeological resources. 1. Provide Economic Development/Jobs information as provided in Condition 23 In. An assessment of the Applicant's and the City's compliance with all conditions contained in the Increment III Development Order. n. Flagstone Island Gardens, LLC shall be responsible for providing the required Annual Report to City, Council and DEO for the Watson Island Property. ENVIRONMENTAL 11. Assure and require that any fill material utilized within any construction sites within the DDRI Area, whether from onsite excavation activities or from offsite sources, meets the clean soils criteria of the Florida Department of Environmental Protection (FDEP) and the Miami Dade Department of Regulatory and Economic Resources (RER) Division of Environmental Resources Management (DERM), as applicable and as may be amended from time to time. 5 Exhibit A 12. Enforce the requirements of the Miami -Dade County Shoreline Development Review Ordinance No. 85-14 (codified as Article III, Chapter 33D of the Miami -Dade County Code) for all qualifying developments within the Shoreline Development boundary. 13. a. Continue its efforts to address the potential impacts of sea level rise upon the Downtown, City of Miami and Miami Dade County, by reasonably addressing the findings of the City of Miami Sea Level Rise Committee established pursuant to City Resolution R-15-0072 (adopted on February 26, 2015) and any subsequent sea level rise committees and groups as established from time to time, and through the implementation of the following and subsequent City of Miami ordinances, Comprehensive Neighborhood Plan objectives and policies, and City resolutions: 1) Ordinance 13550 (dated September 10, 2015) Comprehensive Plan Amendment 2) Comprehensive Neighborhood Plan Objective LU -1.8. 3) Comprehensive Neighborhood Plan Policy LU- 1.8.1. 4) Comprehensive Neighborhood Plan Policy LU -1.8.2. 5) Comprehensive Neighborhood Plan Policy LU -1.8.3. 6) Comprehensive Neighborhood Plan Policy LU -1.8.4. 7) Comprehensive Neighborhood Plan Policy LU -1.8.5. 8) Comprehensive Neighborhood Plan Policy CM -1.4.2. 9) Comprehensive Neighborhood Plan Policy CI -1.2.6. 10) Comprehensive Neighborhood Plan Policy IC -1.1.910. 11) City Resolution R-14-0420 (dated October 23, 2014). The findings of the Southeast Florida Regional Climate Change Compact shall be taken into consideration, as reasonable and appropriate, in future decisions regarding the design, location, and development of infrastructure and public facilities in the City and to meet or exceed adopted Level of Service (LOS) Standards. b. Cooperate and coordinate efforts with the Miami Dade County Office of Resilience in planning for and addressing, as is reasonable and appropriate, the coordination of activities contemplated by the Sea Level Rise Task Force as formed through Miami -Dade County Resolution R-599-13, adopted on July 2, 2013 as amended by Resolution R-744-13 following Miami Dade County ordinances and resolutions: 1) R-451-14 (dated May 6, 2014). N Exhibit A 2) Ordinance No. 14-79 (dated September 3, 2014). 3) R-44-15 (dated January 21, 2015). 4) R-45-15 (dated January 21, 2015). 5) R-46-15 (dated January 21, 2015). 6) R-47-15 (dated January 21, 2015). 7) R-48-15 (dated January 21, 2015) (This resolution pertains to Flood Damage Reduction). 8) R-49-15 (dated January 21, 2015). 9) R-903-15 (dated October 6, 2015). 10) R-66-16 (dated January 20, 2016). C. As part of the pending Evaluation and Appraisal of its Comprehensive Neighborhood Plan, the City shall consider establishing an Adaptation Action Area within the boundaries of the Downtown DRI and adopting additional policies within the Coastal Management Element and City Code changes to improve resilience to coastal flooding resulting from high -tide events, storm surge, flash floods, stormwater runoff, and related impacts of sea -level rise. INFRASTRUCTURE AND SERVICES 14. a. Based upon the transit impacts directly related to and generated by the Total Allowable Development for Increment III, pay, contract or otherwise commit to and pay or cause the payment of a total of $6,005,829 (2016 dollars) to Miami Dade County, to be expended on some or all of the following transit projects as shown on the Transit Improvement Chart provided as Exhibit "C" ("Transit Commitment"), as follows: 1) Government Center Station Upgrade 2) Historic Overtown/Lyric Theatre Station Upgrade 3) Brickell Metrorail/Metromover Station Upgrade 4) Downtown Intermodal Bus Terminal 5) Bus -Only Lanes in Downtown Miami Alternative projects may be added or substituted to this list, subject to the agreement of the City and Miami Dade County. The City shall collect the Transit 7 Exhibit A Commitment proportionally from development within the DDRI boundaries and pay, contract or otherwise commit or cause to pay to Miami Dade County, $1,981,923.57 within sixty (60) days from the date of issuance of building permits that would result in the construction of more than thirty-three (33) percent of the Total Allowable Development, an additional $1,981,923.57 within sixty (60) days from the date of issuance of building permits that would result in the construction of more than sixty-six ( 66) percent of the Total Allowable Development, and an additional $2,041,981.86 within sixty (60) days from the date of issuance of the building permits that would result in the construction of more than o n e h u n d r e d (100) percent of the Total Allowable Development. Any payment of fees to the County in satisfaction of this condition shall be reported to the Council within one (1) year of the receipt of such payment by the County. b. Based upon the roadway impacts generated by Total Allowable Development for Increment III, pay or contract to pay $374,206.08 (proportionate share in 2016 dollars), to be expended on transportation improvements, including but not limited to pedestrian and alternative transportation mode improvements within the DDRI study area, and the turn lanes described in condition 14c, below, at the City's discretion. The Applicant shall pay or contract to pay $123,488.01 within sixty (60) days from the date of issuance of building permits that would result in the construction of more than 33 percent of the Total Allowable Development, an additional $123,488.01 within sixty (60) days from the date of issuance of building permits that would result in the construction of more than 66 percent of the Total Allowable Development, and an additional $127,230.01 within sixty (60) days from the date of issuance of building permits that would result in the construction of more than 100 percent of the Total Allowable Development. C. Prior to the issuance of the first certificate of occupancy for the vertical construction within contiguous properties, where feasible, construct or cause the construction of a northbound right -turn at the intersection of NE 2 Avenue at NE 15 Street, provided adequate right of way can be made available, and a northbound right -turn at the intersection of NE 2 Avenue at NE 18 Street, provided adequate right of way can be made available. 15. Implement Transportation Demand Management (TDM) strategies and coordinate with the Miami Dade County Department of Transportation and Public Works and other local agencies and authorities such as the Miami Parking Authority, to encourage, explore and expand transit and commuter options within the DDRI Boundaries, including trolley and alternative commuter options, including: a. Transit and traffic educational programs obtained from South Florida Commuter Services; b. Preferential parking and treatments for carpool and vanpool participants; C. Provide documentation promoting the spreading of travel demands for travel off Exhibit A peak periods, such as staggered work hours, flex -time, compressed work hours, telecommuting; Promote alternative forms of transportation such as car -share and bike -share programs; and d. Other transportation initiatives as agreed upon by the City and DDA 16. Continue to coordinate with the Miami -Dade County Water and Sewer Department (WASD) to upgrade the water and sewer infrastructure within the DDRI Area. 17. Continue to coordinate with the City's Police Department to ensure adequate provision of police services within DDRI Boundaries. 18. Continue to work with the City's Fire Department to ensure the adequate provision of fire/rescue services within DDRI Boundaries. 19. a. The City shall comply with the terms of the Amended and Restated Interlocal Agreement for Public School Facility Planning in Miami -Dade County. The City shall promote, in collaboration with the School Board, Miami Dade County and developers of projects within the boundaries of the DDRI, as is practical, the following: (1) assess existing schools for capacity and curricular expansion and amplification, (2) provide information to developers about possible incorporation of customized, small District -operated educational facilities within their development, or (3) explore opportunities for provision of educational facilities, in addition to those which currently exist (as referenced in (1) above), on public land owned by the City, Miami -Dade County, School District or other public entity with assets in or near the DDRI area. b. The City shall establish, or, with input from the DDA, work to establish, a City of Miami education task force to evaluate creative educational options and alternatives, to serve Downtown and other City residents and workers. 20. Work with Miami -Dade County Office of Emergency Management to coordinate emergency evacuation measures from Downtown and to ensure adequate shelter capacity for the occupants of planned new residential units within the DDRI. 21. Coordinate with the City Parks Department to identify opportunities to provide additional public park space within the Downtown. Coordinate with developers of projects within the Downtown for the provision of recreation areas within their developments (private property) that would be open and available to the public. 22. Amend City of Miami Ordinance 12678 (as amended and codified as Article II, Chapter 13 of the City of Miami Code of Ordinances) to assess development for its proportionate share of the cost of improvement and/or services necessary to monitor and/or mitigate any adverse impacts of Increment III. Said amendment shall also have authority to assess E Exhibit A development its proportionate share of the costs attributable to preparation of the master plan, the Application for Development Approval, and this Development Order, as well as the future costs of reviewing individual development applications, monitoring compliance with this Development Order, and any other costs reasonably related to the administration and implementation of this Development Order. If necessary, the City shall establish a procedure for rebating any funds collected in excess of those funds attributable to a particular development and necessary to implement this Development Order or any ordinance or procedure required to monitor and enforce compliance with this Development Order and to mitigate the impacts of Total Allowable Development under this Increment III. ECONOMIC DEVELOPMENT 23. Utilize economic development enhancement resource agencies and programs designed to involve small and minority businesses in the development and expansion of permanent job opportunities within the project. Examples of such agencies and programs include, but are not limited to, those contained in the Miami Dade County Internal Services Department Small Business Development List of Certified Firms and the South Florida Small and Minority Business Resource Directory. The Applicant will attempt to access the range of job skills available in the region and promote greater labor force enhancement. At a minimum, the Applicant is encouraged to provide potential commercial tenants with information about employment and training agencies that maintain a database of trained/skilled workers to consider in meeting the project's employment needs. This information shall be annually updated and submitted as part of the Annual Status Report. 24. The City shall establish ordinances, programs or other mechanisms that require that housing available for purchase or rental by extremely low (up to 30% Area Median Income or AMI), very -low (up to 50% of AMI), low (up to 80% of AMI), moderate (up to 120% of AMI), workforce (up to 140% of AMI) populations (as such terms are defined in section 420.9071, Florida Statutes; sections 17-131 and 33-193.6 of the Miami Dade County Code; and section 13-5 of the City of Miami Code of Ordinances) be constructed or caused to be constructed in an amount equal to no less than 2700 dwelling units or fifteen (15) percent of the residential units proposed within the DDRI Increment III within an area of a ten (10) mile or a twenty (20) minute commute shed from and within the boundaries of this DDRI, whichever is less (Exhibit " D"; Housing Commute Shed), but in all events, within the jurisdiction of the City of Miami. Provided, however, in order to encourage the development of housing for very -low, low, moderate, and workforce populations within the boundaries of this DDRI, any units constructed within such boundaries shall be counted at a ratio of 1.5:1. Units constructed in satisfaction of the Southeast Overtown Park West Development of Regional Impact affordable housing condition shall not be counted toward satisfying this condition. All housing units for extremely low, very -low, low, moderate, and workforce populations constructed and conveyed pursuant to this condition shall limit resale to a price in accordance with the affordable or workforce price for a control period of twenty (20) years, or more, by providing an appropriately enforceable assurance that said unit shall not be offered for a price greater than the maximum workforce housing unit sales price as such is 10 Exhibit A established by the Miami Dade County Department of Regulatory and Economic Resources at the time of said sale. If the units are sold during the initial twenty year control period, a new twenty year period for affordable or workforce housing will apply to the new owners. Said binding and enforceable agreement may be, but is not limited to, a Development Agreement, Land Use Restriction Agreement, Declaration of Restrictive Covenants, or, if a Community Land Trust, with a Memorandum of Ground Lease, recorded in the public records of Miami Dade County. All rental housing for extremely low, very -low, low, moderate, and workforce populations provided in satisfaction of this condition, shall be maintained by the owner as affordable for low, moderate, and/or workforce incomes for a period of twenty (20) years. If the units are sold during the initial twenty year period, a new twenty year period will apply. In lieu of actually providing said housing units for extremely low, very -low, low, moderate, and workforce populations, in whole or in part, the City may establish an affordable/workforce housing trust fund to be used to fund construction of or access to affordable or workforce units and authorize a payment in lieu of actually providing the housing units for very -low, low, moderate, and workforce populations. The payment in lieu shall be based on a reasonable formula for the purchase/construction each unit. The Applicant will work with South Florida Regional Council staff to explore creative affordable/workforce housing solutions (including, micro -units, co -living, reduced parking requirements, mixed -income housing and "rent to buy" programs, the rehabilitation of existing housing units) and to ensure a balanced distribution of housing, based on income levels. 25. Withhold the issuance of any building permits (including phase permits) that would not ensure the preservation of historic and archeological resources that have been formally designated as historic by the City of Miami, pursuant to Section 23-4 of the City of Miami Code of Ordinances. Continue to explore the designation of additional qualified sites within the boundaries of the DDRI. MISCELLANEOUS 26. The effective date of this Development Order shall be forty-five (45) days from receipt of its transmittal to the Department of Economic Opportunity, South Florida Regional Council, and City; provided, however, that if this Development Order is appealed, the effective date will not start until the day after all appeals have been withdrawn or resolved pursuant to F.S. 380.07. 27. Within thirty (30) days of the effective date of this Development Order, a notice of adoption of this development order it shall be recorded with the Clerk, Dade County Circuit Court, pursuant to Section 380.06(15) F.S. The notice shall include a legal description of the property covered by this Development Order (Exhibit "E") and shall state which unit of local government adopted the development order, the date of adoption, the date of adoption of any amendments to the development order, the location where the adopted order with any amendments may be examined, and that the development order constitutes 11 Exhibit A a land development regulation applicable to the property. The recording of this notice shall not constitute a lien, cloud, or encumbrance on real property, or actual or constructive notice of any such lien, cloud, or encumbrance. 28. The existence of this Development Order shall not act to limit or proscribe the rights of any person under Section 380.06 F. S. to file an ADA and obtain an individual development order for property covered by this Development Order, notwithstanding the existence of this Development Order. In the event that such an individual development order is approved and becomes effective, the individual development order shall control development of the property covered by the individual development order and the terms and conditions of this Development Order shall no longer be binding upon the property. Any such individual development orders shall, by their terms be consistent with the objectives and conditions of this Development Order. 29. This Development Order shall not repeal, nor amend in any way, any other currently effective development order or building permit within the subject area previously issued by the City Commission pursuant to Section 380.06 F.S. This Development Order shall not create nor authorize the creation or imposition of any additional requirements or restrictions, with respect to any present or future development under any currently effective Development Order or building permit issued prior hereto. Notwithstanding this paragraph, the City shall continue to have whatever authority pursuant to law it may now have or may acquire in the future (other than by virtue of this Development Order). 30. This Development Order shall not create nor impose any additional requirements or restrictions upon the City with respect to its powers to enact impact fee or assessment ordinances on development, including Net New Development under this Development Order and future development of the City, as such impact fees or assessments may be authorized by law. 31. In the event that a substantial deviation is determined under the terms of this Development Order or Section 380.06 F. S., the City shall retain its ability to issue building permits and shall continue to do so unabated, subject to the terms and conditions of this Development Order. 32. In the event that this Development Order is subject to litigation wherein an injunction is issued staying the enforcement of this Development Order, the City shall either, under this Development Order or under the powers granted it by state law, be permitted to continue to issue building permits and Certificates of Occupancy until such time as a final resolution of the litigation occurs, unless the court expressly prohibits such action. 12 Exhibit A Exhibit A EQUIVALENCY MATRIX 13 DOWNTOWN MIAMI DRI INCREMENT III UPDATE LAND USE EXCHANGE RATES Notes: (13Exchange rates are derived by dividing the P.M. external trip rate of the "From" land use by the P.M. external trip rate of the "To" land use. I23Example: The exchange rate from office to residential is 1,000 square feet (1 KSF) of office for every 3.5544 residential dwelling units (DU). OFFICE RETAIL HOTEL RESIDENTIAL INSTITUTIONAL ATTRACTION INDUSTRIAL T0: (KSF) (KSF) (ROOM) (DU) (KSF) (SEAT) (KSF) P.M. Peak External FROM: Vehicle Trip R 1 0.6501 1.6492 0.3214 0.1829 1.3541 0.0373 0.0938 OFFICE KSF 0.6501 1.0000 0.3942 2.0227 3.5544 0.4801 17.4290 6.9307 RETAIL KSF 1.6492 2.5368 1.0000 5.1313 9.0169 1.2179 44.2145 17.5821 HOTEL ROOM 0.3214 0.4944 0.1949 1.0000 1.7572 0.2374 8.6166 3.4264 RESIDENTIAL DU 0.1829 0.2813 0.1109 0.5691 1.0000 0.1351 4.9035 1.9499 INSTITUTIONAL KSF 1.3541 2.0829 0.8211 4.2131 7.4035 1.0000 36.3029 14.4360 ATTRACTION SEAT 0.0373 0.0574 0.0226 0.1161 0.2039 0.0275 1.0000 0.3977 INDUSTRIAL (KSF) 0.0938 0.1443 0.0569 0.2918 0.5128 0.0693 2.5147 1.0000 Notes: (13Exchange rates are derived by dividing the P.M. external trip rate of the "From" land use by the P.M. external trip rate of the "To" land use. I23Example: The exchange rate from office to residential is 1,000 square feet (1 KSF) of office for every 3.5544 residential dwelling units (DU). Exhibit A Exhibit B ANNUAL REPORT QUESTIONNAIRE 14 EXHIBIT B FORM DEO-BCP-BIENNIAL REPORT -1 Rule 73C-40.010, FAC. Effective 6-01-03 (Renumbered 10-01-11) STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY DIVISION OF COMMUNITY PLANNING & DEVELOPMENT The Caldwell Building, MSC 160 107 East Madison Street Tallahassee, Florida 32399 DEVELOPMENT OF REGIONAL IMPACT ANNUAL REPORT Subsection 380.06(18), Florida Statutes, (F.S.) places the responsibility on the developer of an approved development of regional impact (DRI) for submitting an annual report to the local government, the regional planning agency, the Department of Economic Opportunity, and to all affected permit agencies, on the date specified in the development order. The failure of a developer to submit the report on the date specified in the development order may result in the temporary suspension of the development order by the local government until the biennial report is submitted to the review agencies. This requirement applies to all developments of regional impact which have been approved since August 6, 1980. If you have any questions about this required report, call the DRI Planner at (850) 717-8475 or the South Florida Regional Council at (954) 985-4416. Send the original completed annual report to the designated local government official stated in the development order with one copy to each of the following: 43 a) C) South Florida Regional Council 3440 Hollywood Boulevard, Suite 140 Hollywood, Florida 33021 (954) 985-4416 All affected permitting agencies; Division of Community Development Bureau of Comprehensive Planning 107 East Madison Caldwell Building, MSC 160 Tallahassee, Florida 32399 d) District VI Office of Planning 602 South Miami Avenue Miami, Florida, 33130 44 Reporting Period: Development: Location: City Developer Name: Address: ANNUAL STATUS REPORT to Month/Day/Year Month/Day/Year Name of DRI Company Name Street Location City, State, Zip County Describe any changes made in the proposed plan of development, phasing, or in the representations contained in the Application for Development Approval since the Development of Regional Impact received approval. Note any actions (substantial deviation determinations) taken by local government to address these changes. 45 3 12 Note: If a response is to be more than one sentence, attach as Exhibit A a detailed description of each change and copies of the modified site plan drawings. Exhibit A should also address the following additional items if applicable: a) Describe changes in the plan of development or phasing for the reporting year and for the subsequent years; b) State any known incremental DRI applications for development approval or requests for a substantial deviation determination that were filed in the reporting year and to be filed during the next year; C) Attach a copy of any notice of the adoption of a development order or the subsequent modification of an adopted development order that was recorded by the developer pursuant to Paragraph 380.06(15)(f), F.S. Has there been a change in local government jurisdiction for any portion of the development since the development order was issued? If so, has the annexing local government adopted a new DRI development order for the project? Provide a copy of the order adopted by the annexing local government. Provide copies of any revised master plans, incremental site plans, etc., not previously submitted. Note: If a response is to be more than one or two sentences, attach as Exhibit B. Provide a summary comparison of development activity proposed and actually conducted for the reporting year as well as a cumulative total of development proposed and actually conducted to date. 46 Example: Number of dwelling units constructed, site improvements, lots sold, acres mined, gross floor area constructed, barrels of storage capacity completed, permits obtained, etc. Note: If a response is to be more than one sentence, attach as Exhibit C. 5. Have any undeveloped tracts of land in the development (other than individual single- family lots) been sold to a separate entity or developer? If so, identify tract, its size, and the buyer. Provide maps which show the tracts involved. Tract Note: If a response is to be more than one sentence, attach as Exhibit D. 6. Describe any lands purchased or optioned adjacent to the original DRI site subsequent to issuance of the development order. Identify such land, its size, and intended use on a site plan and map. Note: If a response is to be more than one sentence, attach as Exhibit E. 47 7. List any substantial local, state and federal permits which have been obtained, applied for, or denied during this reporting period. Specify the agency, type of permit, and duty for each. Note: If a response is to be more than one sentence, attach as Exhibit F. 8. Provide a list specifying each development order conditions and each developer commitment as contained in the ADA. State how and when each condition or commitment has been complied with during the annual report reporting period. Note: Attach as Exhibit G. 9. Provide any information that is specifically required by the development order to be included in the annual report. 10. Provide a statement certifying that all persons have sent copies of the biennial report in conformance with Subsections 380.06(15) and (18), F.S. Person completing the questionnaire: Title: Representing: 48 Question 4 LAI Other de d9 Attachment: File ID 1220 - Increment III DO Exhibit A (1220: DRI Increment III) Exhibit A Exhibit C MIAMI DADE COUNTY TRANSIT IMPROVEMENT COMMITMENT 15 EXHIBIT C Downtown Miami - Increment III - Development of Regional Impact Transit Mode Project Name Location Description Capital Costs 1 18% Shared Requested by DTPI This project consists of upgrades to the existing Government Center Metrorail Station in the form Government Center Station of new elevators, escalators, new pedestrian bridge connecting to adjacent Brighlline Station Upgrade 101 NW 1st Street (Intercity Passenger Rail/Tri-Rail Downtown Link (Commuter Rail), upgrades to existing flooring and roofing, fare collection updates, security equipment updates, new rolling gales and automatic sliding doom $14,094,000 $2.536,r- Metrorail This project consist of upgrades to the existing Historic Overtown/Lyric Theatre Metrorail Station Historic Overtown/Lyric in the form of new elevators, escalators, upgrades to existing flooring, fare collection, fare gates, Theatre 100 NW 6th Street and Ticket Vending Machines (TVM) updates, security equipment updates This project will also reconfigure the alleyway between Overtown Transit Village and the Station to include new stamped concrete as well as a shared use Promenade with canopy from NW 61h Street to NW Blh Street $5,356,000 $964, The Brickell Station serves as an intermodal station that provides passenger connections with the local circulator (City of Miami Trolley), local fixed route service (Melrobus), regional bus service, regional bus (BCT 1-595 Express) as well as Metromover and Metrorail. The station area is a Metrorail Brickell Station 1001 SW 1 st Avenue linear site that spans between SW 8th Street and SW 13th Street. The primary goal of the Metromover Brickell Metrorail/Metromover Station improvements is to enhance passenger and pedestrian access to transit Specifically, the recommended implementation plan includes additional bus passenger pick-up/drop areas, additional shuttle pick-up/drop-off capacity, provide a new designated kiss -n -ride area, upgrade pedestrian connections between neighboring development and improve passenger convenience through wayfinding, upgraded/ADA compliant sidewalks, continuous passenger canopies, and additional bike storage $2.300.001 $414,( This project consists of construction of a new downtown bus terminal with approximately 27 bus bays, customer service areas including but not limited to passenger waiting areas with seating, Downtown Intermodal 112 NW 3rd Street ticket vending machines, video/audio displays, reslrooms as well as security office, service Terminal support areas (driver comfort area, janitor/supply closet, bus supervisor booth, stall parking- 8 spaces total), and bicycle parking/station, kiss -and -ride area. conversion of NW 1st Street to bus drop-olf area with 7 saw -tooth bus bays, dedicated text and jitney areas, landscaping, lighting and Metrobus unified directional signage 10.705,716 1,9117_ Various Locations in SW/SE 1st Street (from 1-95 to SE 1st Avenue) NE/NW 1st Street (from NE 2nd Avenue to 1-95) Bus -Only Lanes in Downtown (total length approximately NE/NW 6th Street (from Biscayne Blvd., to 1-95) Downtown Miami 4 55 miles) NW 5th Street (from 1-95 to NW 1st Avenue) NE 2nd Avenue (from NE 20th Street to NE fat Street) SE/NE 1st Avenue (south of NE 6th Street) (from SE flat Street to NE 17th Street) NE 1st Avenue north of NE 6th Street From NE 6th Street to NE 17th Street $910000 $163,E TOTALS $33,365,716 6,005, CD N N P LL b.r E V b.r b.r Q 6181 Exhibit A Exhibit D AFFORDABLE/WORKFORCE HOUSING COMMUTE SHED 16 EXHIBIT D za 51 .EGEND Housing Supply Area City of Miami Boundary 10 Mile Radius Exhibit A Exhibit E LEGAL DESCRIPTION 17 EXHIBIT E LEGAL DESCRIPTION OF DOWNTOWN DRI: (DDRI Boundaries as of February 1, 2004) Begin at the intersection of the centerline of N.W. Fifth Street and N.W. Third Avenue (east side of N -S Expressway (I-95)), thence run southerly along the centerline of N.W. Third Avenue and the easterly side of N -S Expressway to the centerline of West Flagler Street; thence westerly along the centerline of said West Flagler Street to the centerline of the Miami River, thence meandering southeasterly along the centerline of said Miami River to a point of intersection with the easterly right-of-way line of Metro Rapid Transit right-of-way (formerly Florida East Coast (FEC) Railroad right-of-way) said right-of-way line being 50 feet easterly of and parallel with the centerline of said Metro Rapid Transit right-of-way; thence run southerly and southwesterly along said easterly right-of-way line of Metro Rapid Transit to the intersection with the centerline of S.W. 15th Road; thence southeasterly along the centerline of 15th Road to a point of intersection with the southerly prolongation of the westerly line of Costa Bella Development Subdivision (107-14); thence northeasterly, northwesterly and northeasterly along said westerly line of Costa Bella to the intersection with the southerly right-of-way line of S.E. 14th Lane; thence southeasterly, northeasterly, northerly, and northwesterly along said southerly and westerly right-of-way line of S.E. 14th Lane and S.E. 14th Terrace to the intersection with the northwesterly property line of lot 31, block 2 of amended plat of Point View as recorded in plat book 2 at page 93 of the public records of Miami -Dade County, Florida; thence northeasterly along the northwesterly line of said lot 31, to the northeasterly side of the existing ten -foot alley in block 2 of said Point View; thence southeasterly along the northeasterly side of said ten -foot alley to the intersection with the property line between lots 4 and 5 of said block 2 of Point View, thence northeasterly along said line of lots 4 and 5 and its prolongation thereof to the centerline of S.E. 14th Street; thence southeasterly along said centerline of S.E. 14th Street to a point of intersection with the existing bulkhead and shoreline of Biscayne Bay; thence meandering northerly along the existing bulkhead and shoreline of Biscayne Bay to a point of intersection with the 52 southerly boundary of Claughton Island Bridge; thence easterly along the said southerly right-of-way line of Claughton Island Bridge to the intersection with the westerly bulkhead line of Claughton Island, said bulkhead line being part of the Metropolitan Miami-Dade County bulkhead line as recorded in plat book 73 at page 18 of the public records; thence southerly, easterly, northerly and westerly, following said existing bulkhead and its westerly prolongation thereof around the island to the intersection with the mainland on the easterly shoreline of Biscayne Bay; thence meandering in a northwesterly and westerly direction along the shoreline of Biscayne Bay and the Miami River to the intersection with the easterly right-of-way line of Brickell Avenue Bridge (S.E. Second Avenue); thence north along said bridge to the existing bulkhead on the northerly shoreline of the Miami River; said bulkhead line also being the southerly boundary of the Dupont Plaza Center and Miami Center Joint Venture property; thence northeasterly along the southerly boundary of Dupont Plaza Center and Miami Center Joint Venture property to a point of intersection with the easterly property line of Chopin Associates and Miami Center Limited Partnership; said property line being along the shoreline of Biscayne Bay; thence northerly along said easterly property line of Chopin Associates and Miami Center Limited Partnership property along Biscayne Bay to the southerly property line of Bayfront Park; thence continuing northerly, northeasterly and northwesterly along the bulkhead line of Bayfront Park and the Bayfront Park Miamarina; thence continuing northerly along the bulkhead line of Biscayne Bay to a point of intersection with the centerline of N.E. 17th Street extended easterly; thence westerly along the centerline of N.E. 17th Street and its extension thereof to a point of intersection with the centerline of North Bayshore Drive; thence northerly and northeasterly along the centerline of North Bayshore Drive to a point of intersection with easterly extension of the northerly lot line of lot 1 of block 1 of Seaport amended as recorded in plat book 149 at page 79 of the public records of Miami-Dade County, Florida; thence northwesterly along the northerly lot line of lot 1 and its extension thereof across a 15-foot-wide alley to the easterly extension of the northerly lot line of lot 6 of block 8 of Miramar amended as recorded in plat book 5 at page 4 of the public records of Miami-Dade County, Florida; thence northwesterly along the northerly lot line of lot 6 to a point of intersection with centerline of N.E. 4th Avenue; thence southwesterly and northerly along the 53 centerline of N.E. Fourth Avenue to its intersection with the centerline of N.E. 19th Street; thence westerly along the centerline of N.E. 19th Street to a point of intersection with southerly extension of the easterly lot line of lot 4 of block 1 of Miramar amended as recorded in plat book 5 at page 4 of the public records of Miami -Dade County, Florida, thence northerly along the easterly lot line of lot 4 and its extension thereof to the southerly lot line of lot 8 of Coral Park as recorded in plat book 2 at page 66 of the public records of Miami -Dade County, Florida; thence easterly along the southerly lot line of lot 8 to the southeast corner of said lot 8; thence northerly along the easterly lot line of lot 8 to the southerly right- of-way line of N.E. 20th Street; thence easterly along the southerly right-of-way line of N.E. 20th Street to the southerly extension of the easterly lot line of lot 7 of said Coral Park (2-66); thence northerly along the easterly lot line of lot 7 and its extension thereof to the northeast corner of lot 7; thence westerly along the northerly lot line of lot 7 to a point of intersection with the southerly extension of the easterly lot line of lot 7 of block 4 of Bayside Park amended as recorded in plat book 2 at page 40 of the public records of Miami -Dade County, Florida; thence northerly along the easterly lot line of lot 7 and its extension thereof across a 15 -foot -wide alley to the northeast corner of lot 7; thence continuing northerly across the right- of-way of N.E. 20th Terrace to the southeast corner of lot 7 of block 1 of Bayside Park amended (2-40); thence northerly along the easterly lot line of lot 7 to the northeast corner of said lot 7; thence across a 15 - foot -wide alley to the southeast corner of lot 5 block 3 of Bayonne Subdivision as recorded in plat book 2 at page 35 of the public records of Miami -Dade County, Florida; thence northerly along the easterly lot line of lot 5, and the northerly extension of its easterly lot line thereof, to the centerline of N.E. 21st Street; thence easterly along the centerline of N.E. 21 st Street to a point of intersection with the southerly extension of the easterly lot line of lot 3 of block 1 of Bayonne Subdivision (2-35); thence northerly along the easterly lot line and its extension thereof, to the southerly lot line of tract a of Caruso Subdivision as recorded in plat book 79 at page 23 of the public records of Miami -Dade County, Florida; thence easterly along the southerly tract line of tract A to the southerly extension of the easterly right-of-way line of N.E. Fourth Avenue; thence northerly along the easterly right-of-way line of N.E. Fourth Avenue and its extension thereof to the centerline of N.E. 24th Street; thence westerly along the centerline of N.E. 24th 54 Street to the centerline of N.E. Second Avenue; thence southerly along the centerline of N.E. Second Avenue to the centerline of N.E. 17th Street; thence westerly along the centerline of N.E. 17th Street and N.W. 17th Street to the easterly right-of-way line of the FEC Railroad; thence southerly along the easterly right-of-way line of the FEC Railroad to the limited access right-of-way of I-395; thence southeasterly and easterly along the limited access right-of-way of 1-395 to the centerline of Biscayne Boulevard; thence southerly along the centerline of Biscayne Boulevard to the centerline of N.E. 5`h Street, thence westerly along the centerline of N.E; and N.W. 5"' Street to the point of beginning. LEGAL DESCRIPTION OF UPLAND PARCEL Commence at a point shown limited by an 5/8" diameter iron rod and Cap Stamped F.D.O.T., shown as P.T. Sta. 25+50 on the "Official Map of Location and Survey of a portion of Section 8706, designated as part of State Road A -1-A in Dade County, Florida", prepared by the State Road Department of the State of Florida, as recorded in Map Book 56, at Page 71 of the Public Records of Dade County, Florida. Said point being the point of tangency of the original center line of the Douglas MacArthur Causeway running Easterly and South Easterly from the Westerly limits (West Bridge) of Watson Island as shown on Sheet 3 of the State Road Department Right -of -Way Map, Section No. (8706-112) 87060-2117, revised March 25, 1959, said most Northerly curve having a radius of 1432.69 feet and a central angle of 62° 00' 00 seconds"; thence South 59° 51' 26" West departing radially from said centerline a distance of 987.36 feet to a Projected Bulkhead line; thence North 170 12'21" West along said bulkhead line, a distance of 238.86 feet to the point and place of beginning; thence North 17° 12'21" West, continuing along said bulkhead line a distance of 924.70 feet to the Southerly right of way line of State Road A -1-A Douglas MacArthur Causeway; thence along said Southerly right of way line the following courses and distances; South 890 10'55" East a distance of 73.08 feet; thence North 86° 44'00" East, a distance of 67.09 feet to non -tangent curve concave to the Northeast whose radial line bears North 39° 29' 18" East having a radius of 160.00 feet and central angle of 220 09'33"; thence along said curve an arc length of 61.88 feet; thence South 72° 40' 15" East continuing along said Southerly right of way line a distance of 276.49 feet; to a curve concave to the Southwest having a radius of 600.00 feet and central angel of 46° 17'39" thence along said curve an arc length of 484.79 feet to a point of tangency; thence South 26° 22'36" East continuing along the southwesterly right of way line of State Road A -1-A, a distance of 196.59 feet; thence South 54° 07'39" West Departing Said right of way line, a distance of 532.16 feet; thence North 350 54'03" West, a distance of 132.74 feet; thence South 540 07'39" West, a distance of 150.14 feet to the point of beginning. The combined Upland and Submerged Parcels contain approximately 24.2+/- acres 56 LEGAL DESCRIPTION OF SUBMERGED PARCEL Commence at a point marked by an 5/8" diameter iron rod and Cap Stamped F.D.O.T., shown as P.T. Sta. 25+50 on the "Official Map of Location and Survey of a portion of Section 8708, designated as part of State Road A -1-A in Dade County, Florida", prepared by the State Road Department of the State of Florida, as recorded in Map Book 56, at Page 71 of the Public Records of Dade County, Florida. Said point being the point of tangency of the original center line of the Douglas MacArthur Causeway running Easterly and South Easterly from the Westerly limits (West Bridge) of Watson Island as shown on Sheet 3 of the State Road Department Right -of -Way Map, Section No. (8706-112) 87060-2117, revised March 25, 1959, said most Northerly curve having a radius of 1432.69 feet and a central angle of 62° 00'00" thence South 59° 51'26" West departing radially from said centerline, a distance of 987.36 feet to a projected bulkhead line; thence North 17° 12' 21" West along said bulkhead line, a distance of 238.86 feet to the point and place of beginning; thence South 49° 32'57" West departing said bulkhead line a distance £ of 550.92 feet to a point of intersection of lines of turning basin limit as established by U.S. Army Corps of engineers and position by coordinates North 527,878.62 feet, East 926,135.22 feet (based on North c American Daturn 1983-NAC83); thence North 31° 03' 50" West, along the limits of said turning basin a distance of 428.44 feet to a point of intersection with the East right of way line of the intracoastal waterway; thence North 03° 27'54" West along said East right of way line a distance of 874.43 feet to a N point of intersection with the Southerly right of way line of said Douglas MacArthur Causeway, said point of intersection being a point on a curve concave Southerly and having a radius of 10,716.59 feet, a a radial line to said point bears South 01° 15' 15" East; thence run Easterly for 387.46 feet along the arc of said curve and along said Southerly right of way line, through a central angle of 02° 04' 17" to a point of t tangency; thence South 89° 10'55" East continuing Easterly along the said Southerly right of way line, a w distance of 31.87 feet more or less to a point of intersection with an existing bulkhead line; thence South o 17° 12' 21" East along said bulkhead line a distance of 924.70 feet to the point of beginning. _ The combined Upland and Submerged Parcels contain approximately 24.2+/- acres #40877359 vl 57 DOWNTOWN MIAMI DRI INCREMENT III UPDATE LAND USE EXCHANGE RATES Notes: (13Exchange rates are derived by dividing the P.M. external trip rate of the "From" land use by the P.M. external trip rate of the "To" land use. I23Example: The exchange rate from office to residential is 1,000 square feet (1 KSF) of office for every 3.5544 residential dwelling units (DU). OFFICE RETAIL HOTEL RESIDENTIAL INSTITUTIONAL ATTRACTION INDUSTRIAL T0: (KSF) (KSF) (ROOM) (DU) (KSF) (SEAT) (KSF) P.M. Peak External FROM: Vehicle Trip R 1 0.6501 1.6492 0.3214 0.1829 1.3541 0.0373 0.0938 OFFICE KSF 0.6501 1.0000 0.3942 2.0227 3.5544 0.4801 17.4290 6.9307 RETAIL KSF 1.6492 2.5368 1.0000 5.1313 9.0169 1.2179 44.2145 17.5821 HOTEL ROOM 0.3214 0.4944 0.1949 1.0000 1.7572 0.2374 8.6166 3.4264 RESIDENTIAL DU 0.1829 0.2813 0.1109 0.5691 1.0000 0.1351 4.9035 1.9499 INSTITUTIONAL KSF 1.3541 2.0829 0.8211 4.2131 7.4035 1.0000 36.3029 14.4360 ATTRACTION SEAT 0.0373 0.0574 0.0226 0.1161 0.2039 0.0275 1.0000 0.3977 INDUSTRIAL (KSF) 0.0938 0.1443 0.0569 0.2918 0.5128 0.0693 2.5147 1.0000 Notes: (13Exchange rates are derived by dividing the P.M. external trip rate of the "From" land use by the P.M. external trip rate of the "To" land use. I23Example: The exchange rate from office to residential is 1,000 square feet (1 KSF) of office for every 3.5544 residential dwelling units (DU). EXHIBIT B FORM DEO-BCP-BIENNIAL REPORT -1 Rule 73C-40.010, FAC. Effective 6-01-03 (Renumbered 10-01-11) STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY DIVISION OF COMMUNITY PLANNING & DEVELOPMENT The Caldwell Building, MSC 160 107 East Madison Street Tallahassee, Florida 32399 DEVELOPMENT OF REGIONAL IMPACT ANNUAL REPORT Subsection 380.06(18), Florida Statutes, (F.S.) places the responsibility on the developer of an approved development of regional impact (DRI) for submitting an annual report to the local government, the regional planning agency, the Department of Economic Opportunity, and to all affected permit agencies, on the date specified in the development order. The failure of a developer to submit the report on the date specified in the development order may result in the temporary suspension of the development order by the local government until the biennial report is submitted to the review agencies. This requirement applies to all developments of regional impact which have been approved since August 6, 1980. If you have any questions about this required report, call the DRI Planner at (850) 717-8475 or the South Florida Regional Council at (954) 985-4416. Send the original completed annual report to the designated local government official stated in the development order with one copy to each of the following: 43 a) C) South Florida Regional Council 3440 Hollywood Boulevard, Suite 140 Hollywood, Florida 33021 (954) 985-4416 All affected permitting agencies; Division of Community Development Bureau of Comprehensive Planning 107 East Madison Caldwell Building, MSC 160 Tallahassee, Florida 32399 d) District VI Office of Planning 602 South Miami Avenue Miami, Florida, 33130 44 Reporting Period: Development: Location: City Developer Name: Address: ANNUAL STATUS REPORT to Month/Day/Year Month/Day/Year Name of DRI Company Name Street Location City, State, Zip County Describe any changes made in the proposed plan of development, phasing, or in the representations contained in the Application for Development Approval since the Development of Regional Impact received approval. Note any actions (substantial deviation determinations) taken by local government to address these changes. 45 3 12 Note: If a response is to be more than one sentence, attach as Exhibit A a detailed description of each change and copies of the modified site plan drawings. Exhibit A should also address the following additional items if applicable: a) Describe changes in the plan of development or phasing for the reporting year and for the subsequent years; b) State any known incremental DRI applications for development approval or requests for a substantial deviation determination that were filed in the reporting year and to be filed during the next year; C) Attach a copy of any notice of the adoption of a development order or the subsequent modification of an adopted development order that was recorded by the developer pursuant to Paragraph 380.06(15)(f), F.S. Has there been a change in local government jurisdiction for any portion of the development since the development order was issued? If so, has the annexing local government adopted a new DRI development order for the project? Provide a copy of the order adopted by the annexing local government. Provide copies of any revised master plans, incremental site plans, etc., not previously submitted. Note: If a response is to be more than one or two sentences, attach as Exhibit B. Provide a summary comparison of development activity proposed and actually conducted for the reporting year as well as a cumulative total of development proposed and actually conducted to date. 46 Example: Number of dwelling units constructed, site improvements, lots sold, acres mined, gross floor area constructed, barrels of storage capacity completed, permits obtained, etc. Note: If a response is to be more than one sentence, attach as Exhibit C. 5. Have any undeveloped tracts of land in the development (other than individual single- family lots) been sold to a separate entity or developer? If so, identify tract, its size, and the buyer. Provide maps which show the tracts involved. Tract Note: If a response is to be more than one sentence, attach as Exhibit D. 6. Describe any lands purchased or optioned adjacent to the original DRI site subsequent to issuance of the development order. Identify such land, its size, and intended use on a site plan and map. Note: If a response is to be more than one sentence, attach as Exhibit E. 47 7. List any substantial local, state and federal permits which have been obtained, applied for, or denied during this reporting period. Specify the agency, type of permit, and duty for each. Note: If a response is to be more than one sentence, attach as Exhibit F. 8. Provide a list specifying each development order conditions and each developer commitment as contained in the ADA. State how and when each condition or commitment has been complied with during the annual report reporting period. Note: Attach as Exhibit G. 9. Provide any information that is specifically required by the development order to be included in the annual report. 10. Provide a statement certifying that all persons have sent copies of the biennial report in conformance with Subsections 380.06(15) and (18), F.S. Person completing the questionnaire: Title: Representing: 48 Question 4 LAI Other de d9 Attachment: File ID 1220 - Exhibit B (1220 : DRI Increment III) EXHIBIT C Downtown Miami - Increment III - Development of Regional Impact Transit Mode Project Name Location Description Capital Costs 1 18% Shared Requested by DTPI This project consists of upgrades to the existing Government Center Metrorail Station in the form Government Center Station of new elevators, escalators, new pedestrian bridge connecting to adjacent Brighlline Station Upgrade 101 NW 1st Street (Intercity Passenger Rail/Tri-Rail Downtown Link (Commuter Rail), upgrades to existing flooring and roofing, fare collection updates, security equipment updates, new rolling gales and automatic sliding doom $14,094,000 $2.536,r- Metrorail This project consist of upgrades to the existing Historic Overtown/Lyric Theatre Metrorail Station Historic Overtown/Lyric in the form of new elevators, escalators, upgrades to existing flooring, fare collection, fare gates, Theatre 100 NW 6th Street and Ticket Vending Machines (TVM) updates, security equipment updates This project will also reconfigure the alleyway between Overtown Transit Village and the Station to include new stamped concrete as well as a shared use Promenade with canopy from NW 61h Street to NW Blh Street $5,356,000 $964, The Brickell Station serves as an intermodal station that provides passenger connections with the local circulator (City of Miami Trolley), local fixed route service (Melrobus), regional bus service, regional bus (BCT 1-595 Express) as well as Metromover and Metrorail. The station area is a Metrorail Brickell Station 1001 SW 1 st Avenue linear site that spans between SW 8th Street and SW 13th Street. The primary goal of the Metromover Brickell Metrorail/Metromover Station improvements is to enhance passenger and pedestrian access to transit Specifically, the recommended implementation plan includes additional bus passenger pick-up/drop areas, additional shuttle pick-up/drop-off capacity, provide a new designated kiss -n -ride area, upgrade pedestrian connections between neighboring development and improve passenger convenience through wayfinding, upgraded/ADA compliant sidewalks, continuous passenger canopies, and additional bike storage $2,300,00 $414,( This project consists of construction of a new downtown bus terminal with approximately 27 bus bays, customer service areas including but not limited to passenger waiting areas with seating, Downtown Intermodal 112 NW 3rd Street ticket vending machines, video/audio displays, reslrooms as well as security office, service Terminal support areas (driver comfort area, janitor/supply closet, bus supervisor booth, stall parking- 8 spaces total), and bicycle parking/station, kiss -and -ride area. conversion of NW 1st Street to bus drop-olf area with 7 saw -tooth bus bays, dedicated text and jitney areas, landscaping, lighting and MetroWs unified directional signage 10.705,716 1,927_ Various Locations in SW/SE 1st Street (from 1-95 to SE 1st Avenue) NE/NW 1st Street (from NE 2nd Avenue to 1-95) Bus -Only Lanes in Downtown (total length approximately NE/NW 6th Street (from Biscayne Blvd., to 1-95) Downtown Miami 4 55 miles) NW 5th Street (from 1-95 to NW 1st Avenue) NE 2nd Avenue (from NE 20th Street to NE fat Street) SE/NE 1st Avenue (south of NE 6th Street) (from SE flat Street to NE 17th Street) NE 1st Avenue north of NE 6th Street From NE 6th Street to NE 17th Street $910000 $163,E TOTALS $33,365,716 6,005, 6181 7 r O N N_ 0 LL C 0) E t V Q EXHIBIT D za 51 .EGEND Housing Supply Area City of Miami Boundary 10 Mile Radius O N N r D d U- r- 4) LCd E t V w r Q EXHIBIT E LEGAL DESCRIPTION OF DOWNTOWN DRI: (DDRI Boundaries as of February 1, 2004) Begin at the intersection of the centerline of N.W. Fifth Street and N.W. Third Avenue (east side of N -S Expressway (I-95)), thence run southerly along the centerline of N.W. Third Avenue and the easterly side of N -S Expressway to the centerline of West Flagler Street; thence westerly along the centerline of said West Flagler Street to the centerline of the Miami River, thence meandering southeasterly along the centerline of said Miami River to a point of intersection with the easterly right-of-way line of Metro Rapid Transit right-of-way (formerly Florida East Coast (FEC) Railroad right-of-way) said right-of-way line being 50 feet easterly of and parallel with the centerline of said Metro Rapid Transit right-of-way; thence run southerly and southwesterly along said easterly right-of-way line of Metro Rapid Transit to the intersection with the centerline of S.W. 15th Road; thence southeasterly along the centerline of 15th Road to a point of intersection with the southerly prolongation of the westerly line of Costa Bella Development Subdivision (107-14); thence northeasterly, northwesterly and northeasterly along said westerly line of Costa Bella to the intersection with the southerly right-of-way line of S.E. 14th Lane; thence southeasterly, northeasterly, northerly, and northwesterly along said southerly and westerly right-of-way line of S.E. 14th Lane and S.E. 14th Terrace to the intersection with the northwesterly property line of lot 31, block 2 of amended plat of Point View as recorded in plat book 2 at page 93 of the public records of Miami -Dade County, Florida; thence northeasterly along the northwesterly line of said lot 31, to the northeasterly side of the existing ten -foot alley in block 2 of said Point View; thence southeasterly along the northeasterly side of said ten -foot alley to the intersection with the property line between lots 4 and 5 of said block 2 of Point View, thence northeasterly along said line of lots 4 and 5 and its prolongation thereof to the centerline of S.E. 14th Street; thence southeasterly along said centerline of S.E. 14th Street to a point of intersection with the existing bulkhead and shoreline of Biscayne Bay; thence meandering northerly along the existing bulkhead and shoreline of Biscayne Bay to a point of intersection with the 52 southerly boundary of Claughton Island Bridge; thence easterly along the said southerly right-of-way line of Claughton Island Bridge to the intersection with the westerly bulkhead line of Claughton Island, said bulkhead line being part of the Metropolitan Miami-Dade County bulkhead line as recorded in plat book 73 at page 18 of the public records; thence southerly, easterly, northerly and westerly, following said existing bulkhead and its westerly prolongation thereof around the island to the intersection with the mainland on the easterly shoreline of Biscayne Bay; thence meandering in a northwesterly and westerly direction along the shoreline of Biscayne Bay and the Miami River to the intersection with the easterly right-of-way line of Brickell Avenue Bridge (S.E. Second Avenue); thence north along said bridge to the existing bulkhead on the northerly shoreline of the Miami River; said bulkhead line also being the southerly boundary of the Dupont Plaza Center and Miami Center Joint Venture property; thence northeasterly along the southerly boundary of Dupont Plaza Center and Miami Center Joint Venture property to a point of intersection with the easterly property line of Chopin Associates and Miami Center Limited Partnership; said property line being along the shoreline of Biscayne Bay; thence northerly along said easterly property line of Chopin Associates and Miami Center Limited Partnership property along Biscayne Bay to the southerly property line of Bayfront Park; thence continuing northerly, northeasterly and northwesterly along the bulkhead line of Bayfront Park and the Bayfront Park Miamarina; thence continuing northerly along the bulkhead line of Biscayne Bay to a point of intersection with the centerline of N.E. 17th Street extended easterly; thence westerly along the centerline of N.E. 17th Street and its extension thereof to a point of intersection with the centerline of North Bayshore Drive; thence northerly and northeasterly along the centerline of North Bayshore Drive to a point of intersection with easterly extension of the northerly lot line of lot 1 of block 1 of Seaport amended as recorded in plat book 149 at page 79 of the public records of Miami-Dade County, Florida; thence northwesterly along the northerly lot line of lot 1 and its extension thereof across a 15-foot-wide alley to the easterly extension of the northerly lot line of lot 6 of block 8 of Miramar amended as recorded in plat book 5 at page 4 of the public records of Miami-Dade County, Florida; thence northwesterly along the northerly lot line of lot 6 to a point of intersection with centerline of N.E. 4th Avenue; thence southwesterly and northerly along the 53 centerline of N.E. Fourth Avenue to its intersection with the centerline of N.E. 19th Street; thence westerly along the centerline of N.E. 19th Street to a point of intersection with southerly extension of the easterly lot line of lot 4 of block 1 of Miramar amended as recorded in plat book 5 at page 4 of the public records of Miami -Dade County, Florida, thence northerly along the easterly lot line of lot 4 and its extension thereof to the southerly lot line of lot 8 of Coral Park as recorded in plat book 2 at page 66 of the public records of Miami -Dade County, Florida; thence easterly along the southerly lot line of lot 8 to the southeast corner of said lot 8; thence northerly along the easterly lot line of lot 8 to the southerly right- of-way line of N.E. 20th Street; thence easterly along the southerly right-of-way line of N.E. 20th Street to the southerly extension of the easterly lot line of lot 7 of said Coral Park (2-66); thence northerly along the easterly lot line of lot 7 and its extension thereof to the northeast corner of lot 7; thence westerly along the northerly lot line of lot 7 to a point of intersection with the southerly extension of the easterly lot line of lot 7 of block 4 of Bayside Park amended as recorded in plat book 2 at page 40 of the public records of Miami -Dade County, Florida; thence northerly along the easterly lot line of lot 7 and its extension thereof across a 15 -foot -wide alley to the northeast corner of lot 7; thence continuing northerly across the right- of-way of N.E. 20th Terrace to the southeast corner of lot 7 of block 1 of Bayside Park amended (2-40); thence northerly along the easterly lot line of lot 7 to the northeast corner of said lot 7; thence across a 15 - foot -wide alley to the southeast corner of lot 5 block 3 of Bayonne Subdivision as recorded in plat book 2 at page 35 of the public records of Miami -Dade County, Florida; thence northerly along the easterly lot line of lot 5, and the northerly extension of its easterly lot line thereof, to the centerline of N.E. 21st Street; thence easterly along the centerline of N.E. 21 st Street to a point of intersection with the southerly extension of the easterly lot line of lot 3 of block 1 of Bayonne Subdivision (2-35); thence northerly along the easterly lot line and its extension thereof, to the southerly lot line of tract a of Caruso Subdivision as recorded in plat book 79 at page 23 of the public records of Miami -Dade County, Florida; thence easterly along the southerly tract line of tract A to the southerly extension of the easterly right-of-way line of N.E. Fourth Avenue; thence northerly along the easterly right-of-way line of N.E. Fourth Avenue and its extension thereof to the centerline of N.E. 24th Street; thence westerly along the centerline of N.E. 24th 54 Street to the centerline of N.E. Second Avenue; thence southerly along the centerline of N.E. Second Avenue to the centerline of N.E. 17th Street; thence westerly along the centerline of N.E. 17th Street and N.W. 17th Street to the easterly right-of-way line of the FEC Railroad; thence southerly along the easterly right-of-way line of the FEC Railroad to the limited access right-of-way of I-395; thence southeasterly and easterly along the limited access right-of-way of 1-395 to the centerline of Biscayne Boulevard; thence southerly along the centerline of Biscayne Boulevard to the centerline of N.E. 5`h Street, thence westerly along the centerline of N.E; and N.W. 5"' Street to the point of beginning. LEGAL DESCRIPTION OF UPLAND PARCEL Commence at a point shown limited by an 5/8" diameter iron rod and Cap Stamped F.D.O.T., shown as P.T. Sta. 25+50 on the "Official Map of Location and Survey of a portion of Section 8706, designated as part of State Road A -1-A in Dade County, Florida", prepared by the State Road Department of the State of Florida, as recorded in Map Book 56, at Page 71 of the Public Records of Dade County, Florida. Said point being the point of tangency of the original center line of the Douglas MacArthur Causeway running Easterly and South Easterly from the Westerly limits (West Bridge) of Watson Island as shown on Sheet 3 of the State Road Department Right -of -Way Map, Section No. (8706-112) 87060-2117, revised March 25, 1959, said most Northerly curve having a radius of 1432.69 feet and a central angle of 62° 00' 00 seconds"; thence South 59° 51' 26" West departing radially from said centerline a distance of 987.36 feet to a Projected Bulkhead line; thence North 170 12'21" West along said bulkhead line, a distance of 238.86 feet to the point and place of beginning; thence North 17° 12'21" West, continuing along said bulkhead line a distance of 924.70 feet to the Southerly right of way line of State Road A -1-A Douglas MacArthur Causeway; thence along said Southerly right of way line the following courses and distances; South 890 10'55" East a distance of 73.08 feet; thence North 86° 44'00" East, a distance of 67.09 feet to non -tangent curve concave to the Northeast whose radial line bears North 39° 29' 18" East having a radius of 160.00 feet and central angle of 220 09'33"; thence along said curve an arc length of 61.88 feet; thence South 72° 40' 15" East continuing along said Southerly right of way line a distance of 276.49 feet; to a curve concave to the Southwest having a radius of 600.00 feet and central angel of 46° 17'39" thence along said curve an arc length of 484.79 feet to a point of tangency; thence South 26° 22'36" East continuing along the southwesterly right of way line of State Road A -1-A, a distance of 196.59 feet; thence South 54° 07'39" West Departing Said right of way line, a distance of 532.16 feet; thence North 350 54'03" West, a distance of 132.74 feet; thence South 540 07'39" West, a distance of 150.14 feet to the point of beginning. The combined Upland and Submerged Parcels contain approximately 24.2+/- acres 56 LEGAL DESCRIPTION OF SUBMERGED PARCEL Commence at a point marked by an 5/8" diameter iron rod and Cap Stamped F.D.O.T., shown as P.T. Sta. 25+50 on the "Official Map of Location and Survey of a portion of Section 8708, designated as part of State Road A -1-A in Dade County, Florida", prepared by the State Road Department of the State of Florida, as recorded in Map Book 56, at Page 71 of the Public Records of Dade County, Florida. Said point being the point of tangency of the original center line of the Douglas MacArthur Causeway running Easterly and South Easterly from the Westerly limits (West Bridge) of Watson Island as shown on Sheet 3 of the State Road Department Right -of -Way Map, Section No. (8706-112) 87060-2117, revised March 25, 1959, said most Northerly curve having a radius of 1432.69 feet and a central angle of 62° 00'00" thence South 59° 51'26" West departing radially from said centerline, a distance of 987.36 feet to a projected bulkhead line; thence North 17° 12' 21" West along said bulkhead line, a distance of 238.86 feet to the point and place of beginning; thence South 49° 32'57" West departing said bulkhead line a distance of 550.92 feet to a point of intersection of lines of turning basin limit as established by U.S. Army Corps _ of engineers and position by coordinates North 527,878.62 feet, East 926,135.22 feet (based on North American Daturn 1983-NAC83); thence North 31° 03' 50" West, along the limits of said turning basin a distance of 428.44 feet to a point of intersection with the East right of way line of the intracoastal waterway; thence North 03° 27'54" West along said East right of way line a distance of 874.43 feet to a c point of intersection with the Southerly right of way line of said Douglas MacArthur Causeway, said point of intersection being a point on a curve concave Southerly and having a radius of 10,716.59 feet, a o radial line to said point bears South 01° 15' 15" East; thence run Easterly for 387.46 feet along the arc of N said curve and along said Southerly right of way line, through a central angle of 02° 04' 17" to a point of N tangency; thence South 89° 10'55" East continuing Easterly along the said Southerly right of way line, a w distance of 31.87 feet more or less to a point of intersection with an existing bulkhead line; thence South = 17° 12' 21" East along said bulkhead line a distance of 924.70 feet to the point of beginning. s The combined Upland and Submerged Parcels contain approximately 24.2+/- acres #40877359 vl 57 �''�i*`. ixoni aiuio 'vr lGi 111111111 ji� il��11;11 90 File I D 16-00696 September 7, 2016 Item PZAB.3 Mr. Daniel Milian offered the following resolution and moved its adoption: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL IMPACT, ENCOMPASSING AN AREA OF THE CITY OF MIAMI UNDER THE JURISDICTION OF THE DOWNTOWN DEVELOPMENT AUTHORITY WITH THE EXCEPTION OF THE SOUTHEAST OVERTOWN PARK WEST AREA, AS MORE PARTICULARLY DESCRIBED HEREIN, PURSUANT TO AN APPLICATION FOR DEVELOPMENT APPROVAL PROPOSED BY THE DOWNTOWN DEVELOPMENT AUTHORITY; AUTHORIZING AN INCREMENT III DEVELOPMENT ORDER; APPROVING SAID DEVELOPMENT OF REGIONAL IMPACT AFTER CONSIDERING THE REPORT AND RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL AND THE CITY OF MIAMI PLANNING ZONING AND APPEALS BOARD, SUBJECT TO THE CONDITIONS OF THE INCREMENT III DEVELOPMENT ORDER ATTACHED HERETO AS "EXHIBIT A", THE APPLICATION FOR DEVELOPMENT APPROVAL, INCORPORATED HEREIN BY REFERENCE, AND THE REPORT AND RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL, INCORPORATED HEREIN BY REFERENCE; MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW; PROVIDING THAT THE INCREMENT III DEVELOPMENT ORDER SHALL BE BINDING ON THE APPLICANT AND SUCCESSORS IN INTEREST; DIRECTING TRANSMITTALS DIRECTING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO FULFILL THE CITY'S OBLIGATIONS UNDER THE INCREMENT III DEVELOPMENT ORDER; PROVIDING FOR A TERMINATION DATE; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. Upon being seconded by Ms. Maria Lievano-Cruz the motion passed and was adopted by a vote of 9-1 Ms. Jennifer Ocana Barnes Mr. Chris Collins Ms. Maria Lievano-Cruz Mr. Charles A. Garavaglia Mr. Adam Gersten Ms. Maria Beatriz Gutierrez Mr. Daniel Milian Mr. Juvenal Piha Ms. Melody L. Torrens Mr. Manuel J. Vadillo c Franciscoarch; Director Planning a 'Zoning Department STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) Yes Yes Yes Yes Yes Yes Yes No Yes Yes 11 Execution Dat Personally appeared before me, the undersigned authority, Olga Zamora, Clerk of the Planning, Zoning and Appeals Board of the City of Miami, Florida, and acknowledges that he executed the foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS I DAY OF 2016, I_ 1 4 V,?_ -Avnre-Z Print Notary Name Notary Public State of Florida Personally know or Produced I.D. My Commission Expires: Type and number of I.D. produced Did take an oath or Did not take an oathJ " `. ry', % 6EA7RIZ ALVAREZ Pae 1 of 2*` i*= MY COMMISSION # FF 07!2017 0 Page EXPIRES: November 20, gondadThiUNaiBryPublbUndeers Exhibit A Increment III Development Order Conditions THE CITY OF MIAMI SHALL: PROJECT INFORMATION, PROGRAM AND GENERAL CONDITIONS 2 3 Require all development pursuant to this Development Order to be in accordance with the City of Miami Comprehensive Neighborhood Plan, applicable land development regulations, ordinances, building codes, and other laws. The deadline for commencing any development under this Increment III shall be three (3) years from the effective date of this Development Order. Total Allowable Development under this Development Order shall be limited to: DEVELOPMENT PROGRAM *An additional 42 slips are vested from DRI review pursuant to DCA BLIVR 11003 -00 1. a. Upon the issuance of a Certificate of Occupancy for any Net New Development as defined in section 14-122 of the City Code, the City shall make appropriate deductions from the amount of Total Allowable Development under this Increment I Increment II Increment III Land Uses Buildout- Buildout- Buildout- Totals May 28, 2003 September 28, 2019 September 1, 2025 Office (includes 3,681,890 1,220,000 2,500,000 7,401,890 Government) (gross square feet) Government Office 300,000 0 Government 300,000 (gross square feet) Offices are included in General Office Category Retail/Service 1,453,500 747,774 758,000 2,959,274 (gross square feet) Hotel 4,500 1,605 2,000 8,105 (rooms) Residential 10,550 6,750 18,000 35,300 (dwelling units) Convention 500,000 300,000 0 800,000 (gross square feet) Wholesale/Industrial 1,050,000 550,000 250,000 1,850,000 (gross square feet) Institutional 200,000 350,000 150,000 700,000 (gross square feet) Attractions/Recreation 30,500 59,000 2,000 91,500 (seats) Marine Facilities 100,000 50 wet slips* 0 100,000 *An additional 42 slips are vested from DRI review pursuant to DCA BLIVR 11003 -00 1. a. Upon the issuance of a Certificate of Occupancy for any Net New Development as defined in section 14-122 of the City Code, the City shall make appropriate deductions from the amount of Total Allowable Development under this Exhibit A Development Order. No Building Permit shall be issued for Net New Development which would, in the aggregate, exceed the amount of Total Allowable Development under this Development Order. The City may permit simultaneous increases and decreases in the above described land use categories consistent with the Equivalency Matrix attached hereto as Exhibit "A" (Equivalency Matrix), without the need of filing for an NOPC (Notice of Proposed Change) provided that the regional impacts of the land uses in Increment III of the Project as approved, as measured by total peak hour vehicle trips are not increased. Nothing herein changes, grants, or otherwise alters any rights, conditions, commitments, obligations or limitations upon development projects that commenced within and/or which are credited to Increments I and II of the Downtown Development of Regional Impact. b. On February 17, 2015, the City of Miami Downtown Development Authority ("DDA") and Department of Economic Opportunity entered into an Agreement F: Authorizing Interim Development for the Downtown Miami Development of U Regional Impact Increment III Pursuant to Section 380.032, Florida Statutes ("Agreement"), which authorized commencement of interim development pursuant o to this Increment III in advance of issuance of this final Development Order. Such o development under Increment III and pursuant to this Development Order has N commenced. It is understood that any development that has commenced under this Increment III was required to pay all credits applicable to the development of the o Project as if it was to be developed under Increment II of the Downtown Development of Regional Impact and all applicable ordinances and statutory requirements. Further, said development was obligated and recognizes that Increment III, when authorized as provided by law, may contain different a coefficients or other calculation methodology that could cause fees for credits under a Increment III to be substantially changed from those of Increment II_ Any o development that commenced prior to the adoption of Increment III is also obligated to pay any additional fees applicable to the development of the project o pursuant to Increment III within thirty (30) days of the final approval and expiration of all appeal periods for the approval of the Increment III development order and, r in all events, prior to the issuance of a certificate of use and/or occupancy for development of any project that does not qualify for Increment II credits. 4. Monitor the capacity of Total Allowable Development by reserving the amount of Development Credits necessary for Net New Development at a time, to be determined by the City, prior to or coincident with approval of a building permit or other appropriate City approvals. The City shall place reasonable time limits on all building permits to assure that construction progresses within a reasonable period of time after approval to prevent stockpiling of reservations for Development Credits. The time period established by the City shall take into account the size of the proposed Net New Development in relationship to the time necessary to begin construction. 5. The buildout date, for authorizing development through the issuance of building and other permits, shall be September 1, 2025. September 1, 2025 is hereby established as the expiration/termination date for the development order. Upon the occurrence of the 2 Exhibit A expiration/termination date, the City of Miami Downtown Development of Regional Impact Master and all incremental development orders shall be expired, terminated and of no further force and effect. The buildout and expiration/termination dates may only be modified in accordance with Section 380.06(19), F.S. 6. Establish September 1, 2025 as the date until which the City agrees that the Downtown Miami Increment III Development of Regional Impact shall not be subject to downzoning, unit density reduction, or intensity reduction, unless the City can demonstrate that substantial changes in the conditions underlying the approval of the development order have occurred, or that the development order was based on substantially inaccurate information provided by the Applicant, or that the change is clearly essential to the public health, safety or welfare. 7. The City Manager, by and through his/her designees, is hereby designated to monitor c compliance with all conditions and the enforcement of this Development Order and shall E have the duty and authority to interpret the provisions of this Development Order and to promulgate rulings, regulations, and procedures necessary to implement it, provided the same are not inconsistent with the terms hereof or of F. S. 380.06, or duly promulgated and o adopted rules there under. Appeals to decisions of the City Manager may be filed pursuant 0 to procedures set forth in the City of Miami Code and land development regulations, as N amended. Any noncompliance shall be subject to the provisions of Condition 8 herein. 8. The City shall not violate any of the conditions of this Development Order or otherwise fail to act substantially in compliance with this Development Order or permit any property owner within the boundaries covered by this Development Order to violate any of the provisions of this Development Order. In the event any entity controlled by the Applicant and/or the City or any permittee or landowner of any Parcel of Land violates (hereinafter "violator") the provisions of this Development Order, the City shall stay the effectiveness of this Development Order as to the parcel or tract of land in which the violative activity or conduct has occurred and withhold further permits, approvals, and services for development in said Parcel of Land upon passage of any appropriate resolution by the City, adopted in accordance with this section, finding that such violation has occurred. The violator will be given written notice by the City that states: 1) the nature of the purported violation, and 2) that unless the violation is cured within thirty (30) days of said notice, the City will hold a public hearing to consider the matter within sixty (60) days of the date of said notice. In the event the violation is not curable in thirty (30) days, the violator's diligent good faith efforts, as determined by the City, to cure the violation within that period will obviate the need to hold a public hearing and this Development Order will remain in full force and effect unless the violator does not diligently pursue the curative action to completion within a reasonable time, in which event the City will give fifteen (15) days' notice to the violator of its intention to stay the effectiveness of this Development Order and withhold further permits, approvals, and services to the Parcel of Land in which the violation has occurred and until the violation is cured. The terms of this paragraph may be modified from time to time by written agreement by the DDA, the City, and South Florida Regional Council ("Council") staff, to enable the City to enforce the terms of this Development Order to the fullest extent, while providing due process to all developers under this Development Order. 3 Exhibit A 9. The City, along with the DDA, shall integrate all original and supplemental ADA information into a Consolidated Application for Development Approval (CADA) and submit two copies of the CADA to the Council, one copy to the City Clerk, one copy to the Florida Department of Transportation, and one copy to the Florida Department of Economic Opportunity (DEO) within thirty (30) days of the effective date of this Development Order. The CADA shall be prepared as follows: a. Where new, clarified, or revised information was prepared subsequent to submittal of the ADA but prior to issuance of this Development Order, whether in response to a formal statement of information needed or otherwise, the original pages of the ADA will be replaced with revised pages. b. Revised pages will have a "Page Number (R) - Date" notation, with "Page Number" being the number of the original page, "(R)" indicating that the page was revised, c and "Date" stating the date of the revision. L V C. The CADA is incorporated herein by reference and will be relied upon by the c parties in discharging their statutory duties under F.S. 380.06 (2016), and local o ordinances. Substantial compliance with the factual representations contained in the CADA is a condition for approval unless, for good cause, waived or modified N by agreement among the Council, City, and DDA, their successors, and/or assigns. d. All terms, proposals, suggestions and procedures proposed in the ADA, but not specifically incorporated in this Development Order, shall not be considered a part of the CADA insofar as they may have been deemed to place a requirement on the City of Miami to take any action or abstain from taking any action. The terms of this Development Order shall control and any requirements to the City are specifically enumerated herein. 10. City of Miami shall prepare an Annual Report and submit copies to the Council, the City Clerk and Florida Department of Economic Opportunity/State Land Planning Agency on or before each anniversary date of this Development Order. The Annual Report for Downtown Miami Increment III must also be incorporated into the Annual Report required in the Downtown Miami Master Development Order so that a single Annual Report is compiled for the entire Project. The Annual Report shall include, at a minimum: a. A complete response to each question in Exhibit "B" (Form Annual Report Questionnaire). b. Identification and description of any known changes in the plan of development, or in the representations contained in the CADA, or in the phasing for the reporting year and for the next year. C. A summary comparison of Total Allowable Development and Net New Development proposed and actually approved during the year, including locations, acreage, square footage, number of units, and other units of land uses included within Total Allowable Development, and the acreage zoned and developed as City parks within the boundaries of the Downtown DRI. .19 Exhibit A d. An assessment of the Applicant's compliance with the conditions of approval contained in this Development Order and the commitments which are contained in the ADA and which have been identified by the City, the Council, or the Department of Economic Opportunity (DEO) as being significant. e. Specification of any amended DRI applications for development approval or requests for a substantial deviation determination that were filed in the reporting year. f. An indication of change, if any, in City jurisdiction for any portion of the development since issuance of this Development Order. g. A statement that all agencies have been sent copies of the Annual Report in conformance with F. S. 3 80.06(18). h. A copy of any recorded notice of the adoption of this Development Order or any subsequent modification that was recorded by the Applicant pursuant to F.S. 380.06(15). i. Any other information reasonably required by State Land Planning Agency and the Council, in accordance with F.S. 380.06. j. A comparison of the amount of development approved in each land use category contained in the Development Program and the amount of the Development Program actually developed as of the end of each year. k. A statement that sufficient capacities of public facilities and services are available to serve the remaining development are available or planned and a statemetn of the condition of archeological resources. 1. Provide Economic Development/Jobs information as provided in Condition 23. In. An assessment of the Applicant's and the City's compliance with all conditions contained in the Increment III Development Order. n. Flagstone Island Gardens, LLC shall be responsible for providing the required Annual Report to City, Council and DEO for the Watson Island Property. ENVIRONMENTAL 11. Assure and require that any fill material utilized within any construction sites within the DDRI Area, whether from onsite excavation activities or from offsite sources, meets the clean soils criteria of the Florida Department of Environmental Protection (FDEP) and the Miami Dade Department of Regulatory and Economic Resources (RER) Division of Environmental Resources Management (DERM), as applicable and as may be amended from time to time. 5 Exhibit A 12. Enforce the requirements of the Miami -Dade County Shoreline Development Review Ordinance No. 85-14 (codified as Article III, Chapter 33D of the Miami -Dade County Code) for all qualifying developments within the Shoreline Development boundary. 13. a. Continue its efforts to address the potential impacts of sea level rise upon the Downtown, City of Miami and Miami Dade County, by reasonably addressing the findings of the City of Miami Sea Level Rise Committee established pursuant to City Resolution R-15-0072 (adopted on February 26, 2015) and any subsequent sea level rise committees and groups as established from time to time, and through the implementation of the following and subsequent City of Miami ordinances, Comprehensive Neighborhood Plan objectives and policies, and City resolutions: 1) Ordinance 13550 (dated September 10, 2015) Comprehensive Plan Amendment 2) Comprehensive Neighborhood Plan Objective LU -1.8. 3) Comprehensive Neighborhood Plan Policy LU- 1.8.1. 4) Comprehensive Neighborhood Plan Policy LU -1.8.2. 5) Comprehensive Neighborhood Plan Policy LU -1.8.3. 6) Comprehensive Neighborhood Plan Policy LU -1.8.4. 7) Comprehensive Neighborhood Plan Policy LU -1.8.5. 8) Comprehensive Neighborhood Plan Policy CM -1.4.2. 9) Comprehensive Neighborhood Plan Policy CI -1.2.6. 10) Comprehensive Neighborhood Plan Policy IC -1.1.910. 11) City Resolution R-14-0420 (dated October 23, 2014). The findings of the Southeast Florida Regional Climate Change Compact shall be taken into consideration, as reasonable and appropriate, in future decisions regarding the design, location, and development of infrastructure and public facilities in the City and to meet or exceed adopted Level of Service (LOS) Standards. b. Cooperate and coordinate efforts with the Miami Dade County Office of Resilience in planning for and addressing, as is reasonable and appropriate, the coordination of activities contemplated by the Sea Level Rise Task Force as formed through Miami -Dade County Resolution R-599-13, adopted on July 2, 2013 as amended by Resolution R-744-13 following Miami Dade County ordinances and resolutions: 1) R-451-14 (dated May 6, 2014). N Exhibit A 2) Ordinance No. 14-79 (dated September 3, 2014). 3) R-44-15 (dated January 21, 2015). 4) R-45-15 (dated January 21, 2015). 5) R-46-15 (dated January 21, 2015). 6) R-47-15 (dated January 21, 2015). 7) R-48-15 (dated January 21, 2015) (This resolution pertains to Flood Damage Reduction). 8) R-49-15 (dated January 21, 2015). 9) R-903-15 (dated October 6, 2015). 10) R-66-16 (dated January 20, 2016). C. As part of the pending Evaluation and Appraisal of its Comprehensive Neighborhood Plan, the City shall consider establishing an Adaptation Action Area within the boundaries of the Downtown DRI and adopting additional policies within the Coastal Management Element and City Code changes to improve resilience to coastal flooding resulting from high -tide events, storm surge, flash floods, stormwater runoff, and related impacts of sea -level rise. INFRASTRUCTURE AND SERVICES 14. a. Based upon the transit impacts directly related to and generated by the Total Allowable Development for Increment III, pay, contract or otherwise commit to and pay or cause the payment of a total of $6,005,829 (2016 dollars) to Miami Dade County, to be expended on some or all of the following transit projects as shown on the Transit Improvement Chart provided as Exhibit "C" ("Transit Commitment"), as follows: 1) Government Center Station Upgrade 2) Historic Overtown/Lyric Theatre Station Upgrade 3) Brickell Metrorail/Metromover Station Upgrade 4) Downtown Intermodal Bus Terminal 5) Bus -Only Lanes in Downtown Miami Alternative projects may be added or substituted to this list, subject to the agreement of the City and Miami Dade County. The City shall collect the Transit 7 Exhibit A Commitment proportionally from development within the DDRI boundaries and pay, contract or otherwise commit or cause to pay to Miami Dade County, $1,981,923.57 within sixty (60) days from the date of issuance of building permits that would result in the construction of more than thirty-three (33) percent of the Total Allowable Development, an additional $1,981,923.57 within sixty (60) days from the date of issuance of building permits that would result in the construction of more than sixty-six ( 66) percent of the Total Allowable Development, and an additional $2,041,981.86 within sixty (60) days from the date of issuance of the building permits that would result in the construction of more than o n e h u n d r e d (100) percent of the Total Allowable Development. Any payment of fees to the County in satisfaction of this condition shall be reported to the Council within one (1) year of the receipt of such payment by the County. r b. Based upon the roadway impacts generated by Total Allowable Development for c a� E Increment III, pay or contract to pay $374,206.08 (proportionate share in 2016 U dollars), to be expended on transportation improvements, including but not limited to pedestrian and alternative transportation mode improvements within the DDRI o study area, and the turn lanes described in condition 14c, below, at the City's o discretion. The Applicant shall pay or contract to pay $123,488.01 within sixty N (60) days from the date of issuance of building permits that would result in the construction of more than 33 percent of the Total Allowable Development, an o additional $123,488.01 within sixty (60) days from the date of issuance of building permits that would result in the construction of more than 66 percent of the Total Allowable Development, and an additional $127,230.01 within sixty (60) days from the date of issuance of building permits that would result in the CO construction of more than 100 percent of the Total Allowable Development. a C. Prior to the issuance of the first certificate of occupancy for the vertical construction within contiguous properties, where feasible, construct or cause the construction of a northbound right -turn at the intersection of NE 2 Avenue at NE 15 Street, provided adequate right of way can be made available, and a northbound right -turn at the intersection of NE 2 Avenue at NE 18 Street, provided adequate right of way can be made available. 15. Implement Transportation Demand Management (TDM) strategies and coordinate with the Miami Dade County Department of Transportation and Public Works and other local agencies and authorities such as the Miami Parking Authority, to encourage, explore and expand transit and commuter options within the DDRI Boundaries, including trolley and alternative commuter options, including: a. Transit and traffic educational programs obtained from South Florida Commuter Services; b. Preferential parking and treatments for carpool and vanpool participants; C. Provide documentation promoting the spreading of travel demands for travel off Exhibit A peak periods, such as staggered work hours, flex -time, compressed work hours, telecommuting; Promote alternative forms of transportation such as car -share and bike -share programs; and d. Other transportation initiatives as agreed upon by the City and DDA 16. Continue to coordinate with the Miami -Dade County Water and Sewer Department (WASD) to upgrade the water and sewer infrastructure within the DDRI Area. 17. Continue to coordinate with the City's Police Department to ensure adequate provision of police services within DDRI Boundaries. 18. Continue to work with the City's Fire Department to ensure the adequate provision of fire/rescue services within DDRI Boundaries. 19. a. The City shall comply with the terms of the Amended and Restated Interlocal Agreement for Public School Facility Planning in Miami -Dade County. The City shall promote, in collaboration with the School Board, Miami Dade County and developers of projects within the boundaries of the DDRI, as is practical, the following: (1) assess existing schools for capacity and curricular expansion and amplification, (2) provide information to developers about possible incorporation of customized, small District -operated educational facilities within their development, or (3) explore opportunities for provision of educational facilities, in addition to those which currently exist (as referenced in (1) above), on public land owned by the City, Miami -Dade County, School District or other public entity with assets in or near the DDRI area. b. The City shall establish, or, with input from the DDA, work to establish, a City of Miami education task force to evaluate creative educational options and alternatives, to serve Downtown and other City residents and workers. 20. Work with Miami -Dade County Office of Emergency Management to coordinate emergency evacuation measures from Downtown and to ensure adequate shelter capacity for the occupants of planned new residential units within the DDRI. 21. Coordinate with the City Parks Department to identify opportunities to provide additional public park space within the Downtown. Coordinate with developers of projects within the Downtown for the provision of recreation areas within their developments (private property) that would be open and available to the public. 22. Amend City of Miami Ordinance 12678 (as amended and codified as Article II, Chapter 13 of the City of Miami Code of Ordinances) to assess development for its proportionate share of the cost of improvement and/or services necessary to monitor and/or mitigate any adverse impacts of Increment III. Said amendment shall also have authority to assess E Exhibit A development its proportionate share of the costs attributable to preparation of the master plan, the Application for Development Approval, and this Development Order, as well as the future costs of reviewing individual development applications, monitoring compliance with this Development Order, and any other costs reasonably related to the administration and implementation of this Development Order. If necessary, the City shall establish a procedure for rebating any funds collected in excess of those funds attributable to a particular development and necessary to implement this Development Order or any ordinance or procedure required to monitor and enforce compliance with this Development Order and to mitigate the impacts of Total Allowable Development under this Increment III. ECONOMIC DEVELOPMENT 23. Utilize economic development enhancement resource agencies and programs designed to c involve small and minority businesses in the development and expansion of permanent job opportunities within the project. Examples of such agencies and programs include, but are not limited to, those contained in the Miami Dade County Internal Services Department Small Business Development List of Certified Firms and the South Florida Small and o Minority Business Resource Directory. The Applicant will attempt to access the range of 0 job skills available in the region and promote greater labor force enhancement. At a N minimum, the Applicant is encouraged to provide potential commercial tenants with information about employment and training agencies that maintain a database of o trained/skilled workers to consider in meeting the project's employment needs. This information shall be annually updated and submitted as part of the Annual Status Report. 24. The City shall establish ordinances, programs or other mechanisms that require that housing available for purchase or rental by extremely low (up to 30% Area Median Income or AMI), very -low (up to 50% of AMI), low (up to 80% of AMI), moderate (up to 120% of AMI), workforce (up to 140% of AMI) populations (as such terms are defined in section 420.9071, Florida Statutes; sections 17-131 and 33-193.6 of the Miami Dade County Code; and section 13-5 of the City of Miami Code of Ordinances) be constructed or caused to be constructed in an amount equal to no less than 2700 dwelling units or fifteen (15) percent of the residential units proposed within the DDRI Increment III within an area of a ten (10) mile or a twenty (20) minute commute shed from and within the boundaries of this DDRI, whichever is less (Exhibit " D"; Housing Commute Shed), but in all events, within the jurisdiction of the City of Miami. Provided, however, in order to encourage the development of housing for very -low, low, moderate, and workforce populations within the boundaries of this DDRI, any units constructed within such boundaries shall be counted at a ratio of 1.5:1. Units constructed in satisfaction of the Southeast Overtown Park West Development of Regional Impact affordable housing condition shall not be counted toward satisfying this condition. All housing units for extremely low, very -low, low, moderate, and workforce populations constructed and conveyed pursuant to this condition shall limit resale to a price in accordance with the affordable or workforce price for a control period of twenty (20) years, or more, by providing an appropriately enforceable assurance that said unit shall not be offered for a price greater than the maximum workforce housing unit sales price as such is 10 Exhibit A established by the Miami Dade County Department of Regulatory and Economic Resources at the time of said sale. If the units are sold during the initial twenty year control period, a new twenty year period for affordable or workforce housing will apply to the new owners. Said binding and enforceable agreement may be, but is not limited to, a Development Agreement, Land Use Restriction Agreement, Declaration of Restrictive Covenants, or, if a Community Land Trust, with a Memorandum of Ground Lease, recorded in the public records of Miami Dade County. All rental housing for extremely low, very -low, low, moderate, and workforce populations provided in satisfaction of this condition, shall be maintained by the owner as affordable for low, moderate, and/or workforce incomes for a period of twenty (20) years. If the units are sold during the initial twenty year period, a new twenty year period will apply. In lieu of actually providing said housing units for extremely low, very -low, low, moderate, and workforce populations, in whole or in part, the City may establish an F: affordable/workforce housing trust fund to be used to fund construction of or access to U affordable or workforce units and authorize a payment in lieu of actually providing the housing units for very -low, low, moderate, and workforce populations. The payment in o lieu shall be based on a reasonable formula for the purchase/construction each unit. o N N The Applicant will work with South Florida Regional Council staff to explore creative affordable/workforce housing solutions (including, micro -units, co -living, reduced parking o requirements, mixed -income housing and "rent to buy" programs, the rehabilitation of existing housing units) and to ensure a balanced distribution of housing, based on income levels. 25. Withhold the issuance of any building permits (including phase permits) that would not ensure the preservation of historic and archeological resources that have been formally designated as historic by the City of Miami, pursuant to Section 23-4 of the City of Miami Code of Ordinances. Continue to explore the designation of additional qualified sites within the boundaries of the DDRI. MISCELLANEOUS 26. The effective date of this Development Order shall be forty-five (45) days from receipt of its transmittal to the Department of Economic Opportunity, South Florida Regional Council, and City; provided, however, that if this Development Order is appealed, the effective date will not start until the day after all appeals have been withdrawn or resolved pursuant to F.S. 380.07. 27. Within thirty (30) days of the effective date of this Development Order, a notice of adoption of this development order it shall be recorded with the Clerk, Dade County Circuit Court, pursuant to Section 380.06(15) F.S. The notice shall include a legal description of the property covered by this Development Order (Exhibit "E") and shall state which unit of local government adopted the development order, the date of adoption, the date of adoption of any amendments to the development order, the location where the adopted order with any amendments may be examined, and that the development order constitutes 11 Exhibit A a land development regulation applicable to the property. The recording of this notice shall not constitute a lien, cloud, or encumbrance on real property, or actual or constructive notice of any such lien, cloud, or encumbrance. 28. The existence of this Development Order shall not act to limit or proscribe the rights of any person under Section 380.06 F. S. to file an ADA and obtain an individual development order for property covered by this Development Order, notwithstanding the existence of this Development Order. In the event that such an individual development order is approved and becomes effective, the individual development order shall control development of the property covered by the individual development order and the terms and conditions of this Development Order shall no longer be binding upon the property. Any such individual development orders shall, by their terms be consistent with the objectives and conditions of this Development Order. r 29. This Development Order shall not repeal, nor amend in any way, any other currently F: effective development order or building permit within the subject area previously issued by the City Commission pursuant to Section 380.06 F.S. This Development Order shall not create nor authorize the creation or imposition of any additional requirements or o restrictions, with respect to any present or future development under any currently effective 0 Development Order or building permit issued prior hereto. Notwithstanding this paragraph, N the City shall continue to have whatever authority pursuant to law it may now have or may acquire in the future (other than by virtue of this Development Order). o 30. This Development Order shall not create nor impose any additional requirements or restrictions upon the City with respect to its powers to enact impact fee or assessment ordinances on development, including Net New Development under this Development Order and future development of the City, as such impact fees or assessments may be authorized by law. 31. In the event that a substantial deviation is determined under the terms of this Development Order or Section 380.06 F. S., the City shall retain its ability to issue building permits and shall continue to do so unabated, subject to the terms and conditions of this Development Order. 32. In the event that this Development Order is subject to litigation wherein an injunction is issued staying the enforcement of this Development Order, the City shall either, under this Development Order or under the powers granted it by state law, be permitted to continue to issue building permits and Certificates of Occupancy until such time as a final resolution of the litigation occurs, unless the court expressly prohibits such action. 12 Exhibit A Exhibit A EQUIVALENCY MATRIX O N N r d LL _ d E t V O w r� Q 13 Exhibit A Exhibit B ANNUAL REPORT QUESTIONNAIRE O N N r d u - r_ d E t V O w r� Q 14 Exhibit A Exhibit C MIAMI DADE COUNTY TRANSIT IMPROVEMENT COMMITMENT O N N r d LL _ d E t V O w r� Q 15 Exhibit A Exhibit D AFFORDABLE/WORKFORCE HOUSING COMMUTE SHED O N N r d LL _ d E t V O w r� Q 16 Exhibit A Exhibit E LEGAL DESCRIPTION 0 N N r C O r _3 O N d w m Q N a 0 N N r _d LL r C d t V cC r Q 17 (III wowaaoul Ima : OZZO Ria !We1W Umo;unnoa uo 1Jo1;e;1Jasaad-1J1a;sp!o9 ydosor-le;;!wgnS-OZZ6 :;uowLIoe;;y Stil}roitted into the public recof d f r its s) -ftA on City Clerk �1��11�I►1I�D�11\t 1/119111��]: 7mo (III watuejoul Ima : OZZO Ria !Welyy umo;umocl uO u01;e;u0s0Jd-u10;sPI09 LIdasor-ie;;!wqnS-0ZZ6 :;uewLIoe;;V DOWN IUMIAMI URI BOUNDARIES ul miiu cc] into the ptibl ic :ecordl'or Irp I -- I City Clerk is Subn (III;uauiaaoul Iba : OZZO RIa mem umo;umoa uo u014e4u8saad-u104spl00 ydasop-le11!wgnS-0ZZI, :;uawLIoe;;d recar�t� f r ite S� I �' on 1 City Clerk DDRI DEVELOPMENT PROGRAM Office (includes Government).: Z • I rf a l11 aim -111,1111 300,000 0 SEE ABOVE 300,000 1,453,500 747,774 758,000 2,959,274 4,500 1,605 2,000 8,105 10,550 6,750 18,000 35,300 500,000 300,000 0 800,000 1,050,000 550,000 250,000 1,850,000 200,000 350,000 150,000 700,000 30,500 59,000 2,000 91,500 100,000 50 wet slips* N/A 100,000 PROJECT DESCRIPTION: The Project consists of development in Downtown Miami through the Year 2014, including the -following land uses and increments: *42 slips are vested from DRI review pursuant to DCA BL1VR 11003-001. S (III;umaaoul Iba OZZO Ima me1W unno;unnoa uo u014e4u8saad-u104spl00 ydesor-Isjj!wgnS-0ZZ6 :;uewLI3e;;d reror fo ite s1�-- MASTER INCREMENT REQUIREMENTS NOT REQUIRED REQUIRED LIMITED GROUNDS FOR DENIAL ■ Water Quality ■ Air Quality Air Quality and/or ■ Wetlands ■ Employment and Transportation ■ Flood Prone Areas Economic Characteristics ■ Vegetation and Wildlife Transportation ■ Historical and ■ Other Public Facilities Archaeological Sites ■ Water & Waste Water ■ Other Public Facilities: ■ Solid Waste ■ Energy ■ Health Care ■ Education ■ Police & Fire ■ Recreation & Open Space Y A 1 -7 (III w8weaoul Ima : OZZ0 Ria !We1W umo;unnoa uo u01;e;u0s0ad-u10;sp!09 ydesor-le;;!wgnS-0ZZ6 :;uewLIoe;;y on �!-ty Clerk • I-SUBJECTAREAS AND MITIGATION DRI NO. SUBJECT REGIONAL IMPACT CONDITION 10 Demographic & Employment No Inc. III 11 Revenue & Economic No Inc. III 16 Flood Plains No None 17 Potable Water No Inc. III & Master 18 Wastewater No Inc. III & Master 19 Stormwater No Master 20 Solid/Hazardous Waste No Master 21 * Transportation/ Transit No Inc. III & Master 22 Air Quality No Master 23 Hurricane Preparedness No Inc. III 24 * Housing No Inc. III & Master 25 Police & Fire No Inc. III & Master 26 Recreation & Open Space No No 27 * Education Yes Inc. III & Master 28 Health Care No No 29 Energy No Master 30 Historic & Archeological No Inc. III & Master 31 Attractions & Recreation No No 39 * Sea Level Rise No Inc. III (III;umaaoul Iba : OZZO Ima mem umo;umoa uo u0!;e4u8saad-u!0;spl00 ydesor-lejj!wgnS-OZZI, :;uewLIoe;;d ■ AMENDED AND RESTATED INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING WITH MIAMI-DADE COUNTY ■ n a`J COORDINATION WITH MIAMI-DADE COUNTY PUBLIC SCHOOLS ZZ ' ESTABLISHMENT OF CITY OF MIAMI EDUCATION TASKFORCE (III wowaaoul Ima : OZZO Ria !We1W umo;umoa uo u0l;e;u0s0ad-ul0;sp!09 ydosor-le;;!wgnS-OZZ6 :;uowLIoe;;y Submitted into ■ 2,700 DWELLING UNITS OR FIFTEEN (15) PERCENT OF THE RESIDENTIAL UNITS PROPOSED BY THE DDRI INCREMENT III WITHIN AN AREA OF A TEN (10) MILE OR TWENTY (20) MINUTE COMMUTE ■ 20 YEARS ■ EXPLORE CREATIVE AFFORDABLE/WORKFORCE HOUSING SOLUTIONS (III Iu0lu0Joul RIO : OZZO RIO MMIAl unno;uM00 uo u0!;e4u0s0ad-u!0;spl00 ydesor-lejj!wgnS-OZZ6 :;uewLIoe;;d ■ CONTINUE EFFORTS TO ADDRESS THE POTENTIAL IMPACTS OF SEA LEVEL RISE ■ CONSIDER FINDINGS OF SOUTH FLORIDA REGIONAL CLIMATE CHANGE COMPACT IN FUTURE DECISIONS IN ■ COORDINATION WITH MIAMI-DADE COUNTY SEA LEVEL RISE TASK FORCE ■ EVALUATION AND APPRAISAL OF COMPREHENSIVE NEIGHBORHOOD PLAN, CONSIDER ESTABLISHING AN ADAPTATION ACTION AREA (III woweJoul Ima : OZZO Ria !We1W umo;umoa uo u0l;e;u0s0ad-ul0;sp!09 ydesor-le;;!wgnS-OZZ6 :;uewLioe;;y Submitted into the pu!,!)c �L, � ■ PAYMENT OF $61005,829 (2016 DOLLARS) TO MIAMI-DADE COUNTY FOR TRANSIT ■ APPROXIMATELY $375,000 TRANSPORTATION COMMITMENT ■ IMPLEMENT TRANSPORTATION DEMAND MANAGEMENT (TDM) STRATEGIES (III w8weaoul Ima : OZZO Ria !We1W unno;unnoa uo u04e;u0s0ad-u10;sp!09 ydesor-le;;!wgnS-0ZZ6 :;uewLIoe;;y Submitted inru on __. , itY Clerk PZAB Recommendation Recommendation of approval on Sept. of the DDRI Increment III consisten Regional Council Report Recommenc Approval dated June 6, 2016; 14 71 2016 by a vote of 10-1 with the South Florida itions and Conditions of And finding that: 1. the ADA to be consistent with the Miami Comprehensive Neighborhood Plan, as amended, and Miami2l, the Zoning Ordinance of the City, as amended; and 2. it is in the best interest of the general welfare of the City to issue an Increment III Development order for the DDRI. (III w8weaoul Ima : OZZO Ria !We1W unno;unnoa uo u01;e;u0s0ad-u10;sp!09 ydesor-!e;;!tugnS-0ZZ6 :;uewLIoe;;y ,�unniitteu into ute put;,: record fI'M sl,�on -- ilerk Miami DDA Board of Directors Recommendation Recommendation of approval on October 21, 2016 by a unanimous vote (Resolution No. 25/2016) and requesting the City of Miami City Commission complete the following: 1. Approve the DDRI Increment 111 ADA subject to the South Florida Regional Council June 6, 2016 Report, Recommendations and Conditions of Approval. 2. Find that the ADA for the DDRI Increment III is consistent with Fla. Stat., Miami Comprehensive Neighborhood Plan, Miami2l, as amended, Report and Recommendations of the South Florida Regional Council, and State Comprehensive. 3. Find that it is in the best interest of the general welfare of the City of Miami to issue and authorize a Development Order for the DDRI Increment III. (III;u8weJoul INN : OZZO Ria !We1W umo;umoa uo u04e;u0s0ad-u10;sp!09 ydesor-le;;!wgnS-OZZI• :;uewLIoe;;y Submitted into the recd, f ste `n� ^ ;Clerk Miami DDA Board of Directors Recommendation (continued) Pz- 4 4. City of Miami City Commission enter into an interlocal agreement, memorandum of understandin, contract or similar agreement with the Miami DDA regarding the fo lowin g g g a. Assignment of City and Miami DDA tasks and responsibilities for the preparation of the required Development of Regional Impact Annual Reporting as required by the State of Florida Department of Economic Opportunity. This agreement shall include a timeline to satisty applicable State of Florida guidelines for submittal. b. Miami DDA participation and approval in the allocation and distribution of Downtown Development of Regional Impact Fees ppursuant to the City of Miami Code of ordinances, Chapter 13, I�evelo ment Im act and other Related Fees Arta I - Downtown Development Su lemental Fee ' c e ll DDRI administrative pp to provide funding e costs and including but not limited to the following .projects/initiatives within the Miami DDA boundaries: mobility improvements; capital costs/projects; beautification; urban parks; urban design initiatives; etc. (III w8waaoul Ima : OZZO Ria !We1W umo;unnoa uo u0l;e;u0s0ad-ul0;sp!09 ydasor-le;;!wgnS-0ZZ6 :;uewLIoe;;y DOWNTOWN MIAMI DRI BOUNDARIES Submitted into the public record f r ite (S} on City Clerk CITY COMMISSION FACT SHEET File ID: (ID # 1314) Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF .158± ACRES OF REAL PROPERTY LOCATED AT APPROXIMATELY 28 NORTHWEST 30 STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "GENERAL COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: 28 NW 30th Street [Commissioner Keon Hardemon- District 5] APPLICANT(S): Steven J. Wernick on behalf of 2994 NMA Gateway Properties LLC. PURPOSE: The applicant is seeking a change in the land use designation for one parcel from "Medium Density Multifamily Residential" to "General Commercial." FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on October 19, 2016, by a vote of 5-3. CITY COMMISSION: First Reading scheduled for December 8, 2016. City of Miami Legislation Ordinance File Number: 1314 City Hall 3500 Pan Ameican Drive Miami, FL 33133 www.miamigov.com Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF .158± ACRES OF REAL PROPERTY LOCATED AT APPROXIMATELY 28 NORTHWEST 30 STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "GENERAL COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on October 19, 2016, following an advertised public hearing, adopted Resolution No. PZAB-R-16- 062 by a vote of five to three (5-3), Item No. PZAB.2, recommending APPROVAL of the Future Land Use Change as set forth herein; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami ("City") and its inhabitants to grant this change of land use designation as set forth herein; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Ordinance No. 10544, as amended, the Future Land Use Map ("FLUM") of the Miami Comprehensive Neighborhood Plan ("MCNP"), pursuant to small scale amendment procedures contained in Section 163.3187, Florida Statutes, is further amended by changing the Future Land Use designation of .158± acres of real property located at approximately 28 Northwest 30 Street, Miami, Florida, from "Medium Density Multifamily Residential" to "General Commercial", as depicted in the legal description attached and incorporated herein as "Exhibit A". Section 3. It is found that this Comprehensive Plan designation change involves a use of ten (10) acres or fewer and: (a) Is necessary due to changed or changing conditions; (b) The cumulative annual effect of the acreage for all small scale development amendments adopted by the local government does not exceed a maximum of one hundred twenty (120) acres in a calendar year; (c) The proposed amendment does not involve a text change to goals, policies, and objectives of the local government's comprehensive plan, but proposes a land use change to the FLU for a site-specific development. However, text changes that relate directly to and are adopted simultaneously with the small scale FLUM amendment shall be permissible; (d) Is one which is not located within an area of critical state concern as designated by Section 380.0552, Florida Statutes, or by the Administration Commission pursuant to Section 380.05(1), Florida Statutes; (e) Density will be one hundred fifty (150) dwelling units per acre, per the MCNP, as amended, and intensity will be as established in Article 4 of the Miami 21 Code, the Zoning Ordinance of the City of Miami, as amended; and (f) The proposed amendment complies with the applicable acreage and density limitations set forth in the Local Government Comprehensive Planning and Land Development Regulation Act including, without limitation, Section 163.3187, Florida Statutes. Section 4. The City Manager is directed to instruct the Director of the Planning and Zoning Department to promptly transmit a certified copy of this Ordinance after its adoption on second reading to the reviewing agencies pursuant to Section 163.3184, Florida Statutes, and any other person or entity requesting a copy. Section 5. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 6. This Ordinance may not become effective until thirty-one (31) days after second reading and adoption thereof pursuant and subject to Section 163.3187, Florida Statutes.' APPROVED AS TO FORM AND CORRECTNESS: i ria i nde` z, C)i1tyAttor ey 11/21/2016 'This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. EXHIBIT LEGAL DESCRIPTION: FOLIO: 01-3125-028-0651 / 01-3125-028-0660 LOTS 4 AND 5, BLOCK 4, OF SAINT JAMES PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3 AT PAGE 65, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ALSO KNOWN AS LOTS 4 AND 5, BLOCK 4, OF AMENDED PLAT OF SAINT JAMES PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4 AT PAGE 41, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. Page 2 of 2 Miami Planning, Zoning and Appeals Board Resolution: PZAB-R-16-062 File ID 1162 October 19, 2016 Item PZAB.2 Ms. Maria Beatriz Gutierrez offered the following resolution and moved its adoption: A RESOLUTION OF THE MIAMI PLANNING, ZONING, AND APPEALS BOARD RECOMMENDING APPROVAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO S. 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF REAL PROPERTY LOCATED AT APPROXIMATELY 28 NORTHWEST 30 STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO GENERAL COMMERCIAL; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Upon being seconded by Ms. Jennifer Ocana Barnes the motion passed and was adopted by a vote of 5-3: Ms. Jennifer Ocana Barnes Mr. Chris Collins Ms. Maria Lievano-Cruz Mr. Charles A. Garavaglia Mr. Adam Gersten Ms. Maria Beatriz Gutierrez Mr. Daniel Milian Mr. Juvenal PAa Ms. Melody L. Torrens Mr. Manuel J. Vadillo ,,_r.,/Fra cisco Garcia, Director Plannn g and Zoning Department STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) Yes Yes Absent No Yes Yes No Absent No Yes Execution Date Personally appeared before me, the undersigned authority, Olga Zamora, Clerk of the Planning, Zoning and Appeals Board of the City of Miami, Florida, and acknowledges that he executed the foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS R DAY OF r 2016. '�JC'Q--E�rcZ ��,Y�•Z— Print Notary Name Notary Public State of Florida Personally know ✓ or Produced 1. D. My Commission Expires: Type and number of I.D. produced Did take an oath or Did not take an oath YP BEATRIZ ALVAREZ MY COMMISSION # FF 071860 Page 1 of 2*= EXPIRES: November 20, 2017 �a= Bonded Thru Notary Public Underwriters EXHIBIT LEGAL DESCRIPTION: 7�7 � [�][�Ti Qui N.�.-S�Y.�:/iI:�7� /L�y Qui f►�.'��Y.�:��Z�:Y�7 LOTS 4 AND 5, BLOCK 4, OF SAINT JAMES PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3 AT PAGE 65, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ALSO KNOWN AS LOTS 4 AND 5, BLOCK 4, OF AMENDED PLAT OF SAINT JAMES PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4 AT PAGE 41, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. Page 2 of 2 City of Miami Planning and Zoning Department Division of Land Development ANALYSIS FOR Comprehensive Plan Application PROJECT ADDRESS: 28 NW 30 ST FILE 1D: 16-01017lu APPLICANT: Steven J. Wernick on behalf of 2994 NMA Gateway LLC COMMISSION DISTRICT: District 5 NET OFFICE: Wynwood/Edgewater LAND USE DESIGNATION: Medium Density Multifamily Residential REQUEST The proposal is for a change to the Future Land Use Map designation of the Miami Comprehensive Neighborhood Plan of 28 NW 30 Street, from "Medium Density Multifamily Residential" to "General Commercial". A complete legal description of the properties is on file at the Hearing Boards Office. Aerial view of subject site (outlined in red) FUTURE LAND USE Miami Comprehensive Neighborhood Plan (MCNP) Policy LU -1.6.1 established future land use categories according to the 2020 Future Land Use Map and the "Interpretation of the Future Land Use Map." Areas designated as "Medium Density Multifamily Residential" allow residential structures to a maximum density of 65 dwelling units per acre, subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements. Supporting services such as community-based residential facilities (14 clients or less, not including drug, alcohol or correctional rehabilitation facilities) will be allowed pursuant to applicable state law; community-based residential facilities (15-50 clients) and day care centers for children and adults may be permissible in suitable locations. Permissible uses within medium density multifamily areas also include commercial activities that are intended to serve the retailing and personal services needs of the building or building complex, small scale limited commercial uses as accessory uses, subject to the detailed provisions of applicable land development regulations and the maintenance of required levels of service for such uses, places of worship, primary and secondary schools, and accessory post -secondary educational facilities. Professional offices, tourist and guest homes, museums, and private clubs or lodges are allowed only in contributing structures within historic sites or historic districts that have been designated by the Historical and Environmental Preservation Board and are in suitable locations within medium density multifamily residential areas, pursuant to applicable land development regulations and the maintenance of required levels of service for such uses. Density and intensity limitations for said uses shall be restricted to those of the contributing structure(s). Areas designated as "General Commercial" allow all activities included in the "Restricted Commercial" designations, as well as wholesaling and distribution activities that generally serve the needs of other businesses; generally require on and off loading facilities; and benefit from close proximity to industrial areas. These commercial activities include retailing of second hand items, automotive repair services, new and used vehicle sales, parking lots and garages, heavy equipment sales and service, building material sales and storage, wholesaling, warehousing, distribution and transport related services, light manufacturing and assembly and other activities whose scale of operation and land use impacts are similar to those uses described above. Multifamily residential structures of a density equal to High Density Multifamily Residential, are allowed subject to the detailed provisions of the applicable land development regulations. The nonresidential portions of developments within areas designated as "General Commercial" allow a maximum floor lot ratio (FLR) of 7.0 times the net lot area of the subject property; such FLR may be increased upon compliance with the detailed provisions of the applicable land development regulations; however, may not exceed a total FLR of 11.0 times the net lot area of the subject property. Properties designated as "General Commercial" in the Urban Central Business District and Buena Vista Yards Regional Activity Center allow a maximum floor lot ratio (FLR) of 37.0 times the net lot area of the subject property. All such uses and mixes of uses shall be subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and File [d 16-01017LU services included in the City's adopted concurrency management requirements. DISCUSSION The subject area consists of one (1) parcel comprising approximately 0.16 acres. The parcel is located on the south side of NW 30 ST, on a block bounded by NW 30 ST on the north, N Miami AV on the east, NW 29 ST on the south, and NW 1 AV on the west. File Id. 16-01017LU Page 3 of 6 FUTURE LAND USE MAP (EXISTING) 16-01017lu �{ ADDRESS: 28 " 36 ST IC6 240 420 Feet 4— d higher density activity centers that concern this area, the south, the NRD-1. Midtown Miami is designated designated "General Commercial." There are two one to the east, Midtown Miami, and one to "Restricted Commercial" and the NRD-1 is EXISTING NEIGHBORHOOD CHARACTERISTICS: FUTURE LAND USE DESIGNATION Subject Propel#y: ZONING Subject Property: File Id. 16-01017LU Page 4 of 6 Medium Density Multifamily Residential Maximum of 65 D.U. per acre Surrounding Properties NORTH: Medium Density Multifamily Residential Maximum of 65 D.U. per acre SOUTH: General Commercial Maximum of 150 D.U. per acre EAST: General Commercial Maximum of 150 Q.U. per acre WEST: Medium Density Multifamily Residential Maximum of 65 D. U. per acre ANALYSIS T5-0 (Urban Center Transect -Open) T4 -R (General Urban Transect - Restricted) T6-8-0/NRD-1 (Urban Core Transect Open/Neighborhood Revitalization District) T5-0 (Urban Center Transect -Open) T5-0 (Urban Center Transect -Open) • This item has a companion zoning change, 16-01017zc, requesting a change from T5-0 "Urban Center - Open" to T6-8-0 "Urban Core — Open". • The existing character and density of the area to the north and west are currently consistent with Medium Density Multifamily Residential and proximate lower density residential areas. • There are two activity centers with the higher density "Restricted Commercial" and "General Commercial" designations to the east and south, which follow logical transitions between land uses and intensities. This proposed change would begin a higher density and intensity encroachment outward from these already established activity centers. • A land use change at this location may set a negative precedent and create a "domino effect" in regards to future land use change applications in this area. • Land Use Policy LU -1.1.3 provides for the protection of all areas of the city from (1) the encroachment of incompatible land uses; (2) the adverse impacts of future land uses in adjacent areas that disrupt or degrade public health and safety, or natural or man-made amenities. The proposed change presents an intrusion of density and height into an area that reflects an existing, ideal transition of density and height. • The analysis is NOT based on a proposed project. The highest potential use is being considered. File Id. 16-01017LU Page 5 of 6 Existing FLUM above (site outlined in heavy black line) RECOMMENDATION Proposed FLUM above (site outline in heavy black line) Based on the aforementioned findings, the Planning Department is recommending Denial of the request to amendment the FLUM designation of 28 NW 30 ST from "Medium Density Multifamily Residential' to "General Commercial" as presented based on the following findings: These findings support the position that the Future Land Use Map at this location and for this neighborhood should not be changed to the proposed designation. Jac#ielio Ellis f Acting Chief of Land Development J. Eisenberg File Id. 16-01017LU Page 6 of 6 FUTURE LAND USE MAP (EXISTING) 16-01017lu Duplex - Residential NW 31 ST ST �� Low Density UJ Restricted Q Commercial z Medium Density Multifamily Residential NW 30TH ST NW 29TH ST 5 Q W 2Q z N 0 105 210 420 Feet NE -31ST - N \ \A W J w CL M 2 06 o .y Q 0 Y=General a) \Commercial M ii a� E NE,29TH,ST ca Y Y NE 28TH ST ADDRESS: 28 NW 3( 1 U) Restricted ° M Commercial � z CO N \ \A W J w CL M 2 06 o .y Q 0 Y=General a) \Commercial M ii a� E NE,29TH,ST ca Y Y NE 28TH ST ADDRESS: 28 NW 3( 1 FUTURE LAND USE MAP (PROPOSED) 16-01017lu Duplex - Residential NW 31 ST ST �� Low Density UJ Restricted Q Commercial z Medium Density Multifamily Residential NW 30TH ST — NW 29TH ST N 0 105 210 420 Feet NE -31ST - N W J M r w CL M 06 o .y Q 0 Y=General a) \Commercial ii a� E NE,29TH,ST ca Y Y 5 Q W 2Q z, NE 28TH ST ADDRESS: 28 NW 3( 1 U) Restricted ° M Commercial � z co N W J M r w CL M 06 o .y Q 0 Y=General a) \Commercial ii a� E NE,29TH,ST ca Y Y 5 Q W 2Q z, NE 28TH ST ADDRESS: 28 NW 3( 1 AERIAL 16-01017lu I f x 0 80 160 320 Feet N A I V Y M 00 N 4; - `� N ' cC J r M Q 06 Mn y Q NE 29TH ST M r I � d e LL E is Y Y JN&8THS_T�a ADDRESS: 28 NW 3C Application Submittal for Rezoning and Comprehensive Plan Amendments 26 NW 30th Street and 28 NW 30 Street, Miami, FL (38681600;1} Submitted Documents • Applications • Letter of Intent • Survey • Zoning Referral • Recorded Deeds • Exhibit A (Legal Description) • Current Photos • Lobbyist Registrations • Affidavits of Authority to Act • Disclosure of Ownership • Certificate of Status • Power of Attorney • Certified List of Adjacent Owners within 500 feet • Disclosure of Agreement to Support or Withhold Objection • Public School Concurrency • Code Enforcement Violations {38674327;1} August 31, 2016 Olga Zamora, Chief Hearing Boards Section City of Miami 444 SW 211" Avenue, 3 d Floor Miami, FL 33130 Steven J. Wernick Akerman LLP Three Brickell City Centre 98 Southeast Seventh Street Suite 1100 Miami, FL 33131 Tel: 305.374.5600 Fax: 305.374.5095 steven.wem ick0akerman.com RE: 26 NW 301h Street and 28 NW 30" Street, Miami, Florida Applications for Comprehensive Plan Amendment and Rezoning Letters of Support from Neighboring Owners Dear Ms. Zamora: Akerman LLP represents 2994 NMR Gateway Properties, LLC (the "Applicant"), owner of the properties located at 26 NW 30t1 Street and 28 NW 301h Street (the "Subject Parcels"). Enclosed herein are four (4) letters received from neighboring property owners in support for the Applicant's request to (i) amend the City's Zoning Atlas to change the transect zone of the Subject Parcels from T5-0 to T6-8-0; and (ii) amend the Future Land Use Map of the Miami Comprehensive Neighborhood Plan to change the future land use designation of 28 NW 30th Street from Medium Density Multifamily Residential to General Commercial, including letters of support from the owners immediately adjacent to the west and south of the Subject Parcels. I would respectfully request that these letters be placed in the official record for these companion applications for rezoning and comprehensive plan amendments in advance of and to accompany the agenda materials for the upcoming Planning, Zoning and Appeals Board hearing, currently scheduled for Sept. 21.2016. Sinw'eY,.s Steven J. Wernick Enclosures cc: Francisco J. Garcia Jacqueline Ellis David Snow a kerma ri ,doe -i Eisenberg {39300691;1} Jub�L, 2016 Francisco J. Garcia Planning Director City of Miami 444 SW 211 Avenue Miami, FL 33130 RE: Letter of Support / 26-28 NW 301h Street Tear Mr. Garcia, Members of Planning Zoning & Appeals Board, and City Commission Please accept this letter in support of this application filed to amend the future land use map for 28 NW 30th Street and the zoning for the parcels located at 26-28 301 Street, to be consistent with the majority of the unified site owned entirely by 2994 NMA Gateway Properties, LLC. My address is Lld - LQ � u) O �r s V ree—� KcA r►•� �L �3 :• I am a neighbor and property owner in the neighborhood. I support the proposed land use/zoning change and believe this will allow cohesive redevelopment that will enhance our neighborhood, and the value of the surrounding properties. Signed: Print No (38687580;1) July _, 2016 Francisco I Garcia Planning Director City of Miami 444 SW 2°d Avenue Miami, FL 33130 RE: Letter of Support / 26-28 NW 301h Street Dear Mr. Garcia, Members of Planning Zoning & Appeals Board, and City Commission: Please accept this letter in support of this application filed to amend the future land use map for 28 NW 30,h Street and the zoning for the parcels located at 26-28 301h Street, to be consistent with the majority of the unified site owned entirely by 2994 NMA Gateway Properties, LLC. My address is 1 �' i l Nyj � S) CET 1 I'� 1 P M i,.T- L � ) I am a neighbor and property owner in the neighborhood. I support the proposed land use/zoning change and believe this will allow cohesive redevelopment that will enhance our neighborhood, and the value of the surrounding properties. ti r _ Signed: Print Name A LE 7<PrN nt)Z YFUI� IC 11 P N I 13868]580;1} August 16, 2016 Francisco J. Garcia Planning Director City of Miami 444 SW 2nd Avenue Miami, FL 33130 RE: Letter of Support / 26-28 NW 30" Street Dear Mr. Garcia, Members of Planning Zoning & Appeals Board, and City Commission: Please accept this letter in support of this application filed to amend the future land use map for 28 NW 30th Street and the zoning for the parcels located at 26-28 30th Street, to be consistent with the majority of the unified site owned entirely by 2994 NMA Gateway Properties, LLC. My address is: 54 NW 30' Street, Miami, Florida 33127 I am a neighbor and property owner in the neighborhood. I support the proposed land use/zoning change and believe this will allow cohesive redevelopment that will enhance our neighborhood, and the value of the surrounding properties. Signed: Print Name: Paul J. Peters {38687580;11 W- 5 I JqVv 2016 Francisco J. G Plum Ing Director C1*- of Nftami 444 SW 2.• Avenuc -MiamL FIL 33130 RE. Wier of Support 126-28 NW 301 Strad Deaf Mr- Gwvte. Membtr5 of Planning Zoning & Apps k 11twd, and Cit1 Commission P'Icasc acccpl this I0cr in suppmt ofthi� applieatitm riled to arnend the Mum land usc map for 28 NW 3CPI Sovet and the itvizS for the pmets localod at 6-28 30P16 Strcct. to be con.*istcm with dk majoriq of tht unified site owned cnarcly by 2994 NMA Gateway P"roperti * LLC. . X 14 a dd'rew Is 9 .� 2 cl f t1)AM I ' I am u neighbor and property owner in the neighborhood. 1 *upport the propowd land uWzo ring cb:mngc and belleve this will allow cobe3ivv rrdcvclupmtnl Elijt %% ill cnhancr our nrtghborhaotl. ad the value orate surrounding properties. S- gj Ied Print N amc � REZONINGAPPLICATION Please refer to Article 7.1.2.8 of the Miami 21 Code for Rezoning information. 1. Applicant(s): Steven J. Wernick on behalf of 2994 NMA Gateway Properties LLC 2. Subject property address(es) and folio number(s): 01-3125-028-0651 and 01-3125-028-0660 3. Present zoning designation(s): 4. Proposed zoning designation(s): T6-8-0 26 NW 30 St and 28 NW 30 St, Miami, FL 33127 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'/2x11 copy of the survey of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application. 7. A clear and legible copy of the recorded warranty deed and tax forms of the most current year showing the present owner(s) and legal description of the property to match the legal description on the survey. 8. A clear and legible copy of the subject property address(es) and legal description(s) on a separate sheet, labeled as "Exhibit A", to match with the current survey's legal description. 9. At least two photographs showing the entire property showing land and improvements. 10. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable. 11. Affidavit of Authority to Act and the Disclosure of Ownership of all owner—and contract purchasers, if applicable—of the subject property. 12. For all corporations and partnerships indicated: a) Articles of Incorporation; b) Certificate from Tallahassee showing good standing, less than one (1) year old; c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation authorizing the person who signed the application to do so; d) Non-profit organizations: A list of Board of Directors less than one (1) year old. 13. Certified list of owners of real estate within 500 feet of the subject property. 14. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit. 15. Original Public School Concurrency Management System Entered Requirements form. 16. The subject property(ies) cannot have any open code enforcement/lien violations. 17. What is the acreage of the project/property site? 0.32 acres Rcv. 07-2013 3 REZONINGAPPLICATION 18. What is the purpose of this application/nature of proposed use? Rezoning 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 20 min. and/or ZI City Commission 20 min. 22. Cost of processing according to Section 62-22 of the Miami City Code*: Change of zoning classification to: a. CS, T3 -R, T3 -L, T3-0, T4 -R, T4 -L, T4-0, T5 -R, T5 -L, T5-0, T6 -R, T6 -L, Cl: Per square foot of net lot area $ .50 Minimum (Assumes a 5,000 square -foot lot) $ 2,500.00 b. T6-8 O, T6-12 O, T6-24 O, D1, D2, D3, T6-36 O, T6-48 O, T6-60 O, T6-80, CI -HD: Per square foot of net lot area $ .70 Minimum $ 5,000.00 c. Advertising $ 1,500.00 d. School Concurrency Processing (if applicable) $ 150.00 e. Mail notice fee per notice $ 4.50 f. Meeting package mailing fee per package $ 6.00 *Fees over $25, 000. 00, shall be paid in the form of a certified check, cashier's check, or money order Signature Address Akerman, LLP 98 SE 7 St Name Steven J. Wernick Suite 1100, Miami, FL 33131 Telephone 305-982-5579 E-mail steven.wernick@akerman.com STATE OF FLORIDA --COUNTY OF MIAMI -DADS The foregoing k iQwledged before a this day of 3U 20 k\, P , by r Y1.1 who is a(n) individual/partner/agent/corporation of Y Yl a(n) individual!partnership/corporation. He/She is per wn to me or who has produced as identification and who did (did not) t an oath. (Stamp) '•• suSWNEYM.SAINZ 8-ignature Mr COWASSION t i F 919ss3 EXPIRES, December 21, 2019 "` , bonded Thor No►wry pubic Urd9 w hm Acv. X17-21113 4 COMPREHENSIVE PLANAPPLICATION 1 Please refer to Section 62-31 of the Miami City Code for Comprehensive Plan information. Applicant(s): Steven J. Wernick on behalf of 2994 NMA Gateway Properties LLC 2. Subject property address(es) and folio number(s): 3. Present designation(s): 4. Future designation(s): 28 NW 30 St, Miami, FL 33127-101-3125-028-0660 Medium Density Multifamily Residential General Commercial 5. If the requested Land Use is approved, will a Rezoning be requested for consistency with the Zoning Atlas, per F.S. 163.3184(3)(e)? Yes. If yes, please contact Planning at 305-416-1400. 6. Has the designation of this property been changed in the last year? If so, when? No. 7. Do you own any other property within 200 feet of the subject property? Yes. If yes, has the property been granted a Land Use Change within the last year? No. 8. One (1) original, two (2) 11x17" copies and one (1) 8'/2x11 copy of the survey of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application. 9. 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. 10. 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. 11. At least two photographs showing the entire property showing land and improvements. 12. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable. 13. Affidavit of Authority to Act and the Disclosure of Ownership of all owner—and contract purchasers, if applicable—of the subject property. 14. 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. 15. Certified list of owners of real estate within 500 feet of the subject property. 16. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit. 17. Original Public School Concurrency Management System Entered Requirements form. Rev. 07-2013 2 COMPREHENSIVE PLANAPPLICATION 18. The subject property(ies) cannot have any open code enforcement/lien violations. 19. What is the acreage of the project/property site? 0.16 20. What is the purpose of this application/nature of proposed use? Future Land Use Change 21. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning and Zoning Department on the 3`d Floor for information. No. 22, Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning and Zoning Department on the 3`d Floor for information. No. 23. Is the property within the Coastal High Hazard Area (CHHA)? Please contact the Planning and Zoning Department on the 3`d Floor for information and further instructions. No. 24. What would be the anticipated duration of the presentation in front of the: M Planning, Zoning and Appeals Board 20 min. and/or fS1 City Commission 20 min. 25. Cost of processing according to Section 62-22 of the Miami City Code*: a. Application to Amend the Comprehensive Neighborhood Plan per acre $ 5,000.00 b. Advertising $ 1,500.00 c. School Concurrency Processing $ 150.00 d. Mail notice fee per notice $ 4.50 e. Meeting package mailing fee per package $ 6.00 *Fees over $25,000.00, shall be paid in the form of a certified check, cashier's check, or money order, Signature Name Steven J. Wernick 305-982-5579 Telephone Address Akerman, LLP 98 SE 7 St Suite 1100, Miami, FL 33131 E-mail Steven,wernick@akerman.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE 20 b The foregoing was ck o ledged before me this day of J\—A Y J4— who is a(n) individual1partnerlagenticorporation of It' a(n) individual/partnership/corporation. He/She is gersonally_known to me or who has produced as identification and who did (did not) take h. (Stamp) Sig ur F- 8L1St.AINE'rM.SNN2 ;.: + MYOOMWSSION 1 FF 919693 EXPIRES: December 21, 2019 �� Banded Thiu Notary PubkUndewbm Rev, 07-2013 July 15, 2016 VIA HAND DELIVERY Olga Zamora, Chief Hearing Boards Section Planning and Zoning Department City of Miami 444 SW 2nd Avenue 3`d Floor Miami, FL 33130 Steven J. Wernick Akerman LLP Three Brickell City Centre 98 Southeast Seventh Street Suite 1100 Miami, FL 33131 Tel: 305.374.5600 Fax: 305.374.5095 steven.wernickOakerman.com RE: 26 NW 301h Street and 28 NW 301h Street, Miami, Florida Applications for Comprehensive Plan Amendment and Rezoning Letter of Intent 1 Supporting Analysis under Article 7.1,.2 8(c)(2)(g) of Miami 21 Dear Ms. Zamora: Akerman LLP (the "Firm") represents 2994 NMA Gateway Properties, LLC (the "Aoolicant"), owner of the properties located at 26 NW 30th Street [Folio #01312502806511 and 28 NW 30th Street [Folio #0131250280660] (the "Subject Parcels"), The Applicant also presently owns two (2) adjacent parcels located along North Miami Avenue (2916 and 2994 North Miami Avenue, the "Adjacent Parcels", collectively with the Subject Parcels referred to as the "Pro e "). See aerial map attached as "Exhibit A." On May 18, 2016, the Applicant submitted a request for a Zoning Referral to submit an application for a comprehensive plan amendment and rezoning of the Subject Parcels. On June 3, 2016, the Applicant met with Planning and Zoning and staff for a pre -application meeting and obtained the necessary Zoning Referrals to submit a full application. Based on various factors, including recognition of the contiguous and unified ownership and use and character of the Property, and to facilitate better integrated and cohesive future redevelopment of the entire Property, Applicant proposes to: (1) amend the City's Zoning Atlas to change the transect zone of the Subject Parcels from T5-0 to T6-8-01; akThWplication submittal called for designation of the Subject Parcels within the NRD-1 boundaries, as the majority of the Property was included, and it appears that all of the Property should have been included (38202621,7) Ms. Olga Zamora July 15, 2015 Page 2 (2) amend the future land use map of the City of Miami Comprehensive Neighborhood Plan ("MCNP") to change the future land use designation of the parcel in the Property located at 28 NW 30th Street from Medium Density Multifamily Residential to General Commercial. I. BACKGROUND The Property is located at the northern edge of Wynwood — the former warehouse district turned arts district that has drawn significant attention for its now world-renowned street art — at the intersection of NW 29' Street and N. Miami Avenue, two of the most important thoroughfares in Wynwood. The Property serves as a natural gateway between Wynwood and the Midtown District to the northeast. Highlighted by the creation in 2015 of the Wynwood Neighborhood Revitalization District ("NRD-1"), Wynwood has been gradually transforming in recent years into a mixed-use neighborhood, while harnessing a creative spirit in Miami's urban core and maintaining a purposeful focus on providing an interesting mix of innovative and dynamic work spaces and offices, which should continue to evolve. All of the parcels comprising the Property have been historically used for commercial/light industrial purposes, typical of the Wynwood District that forms the basis of the NRD-1. The Subject Parcels have been unified with the Adjacent Parcels at 2994 North Miami Avenue since prior to the adoption of the Miami 21 Code, and used as accessory surface parking to support the business that occupies the building along North Miami Avenue, SubSea Global Solutions, a diving company which provides marine vessel maintenance and repair services. See deeds evidencing common ownership attached as "Exhibit B." 11. CONCEPTUAL PROJECT The ultimate goal of the Applicant is to develop a commercial project on the Property consisting mainly of office space, including a parking garage, to serve uses and activities associated with ongoing growth within Wynwood, and to serve as a proper transition and gateway from Wynwood to the adjacent Midtown District. The Applicant desires to provide an on-site parking garage within the project to contain all of its parking demands, which will help protect residential neighborhoods to the west and north from overflow parking. Approval of the enclosed requests for a rezoning and comprehensive plan amendment would permit the Applicant to better accommodate parking demands of the project on-site, and provide flexibility to design a more cohesive project that properly transitions from this nexus of industrial -chic buildings in Wynwood and large-scale development in Midtown directly to the east. III. APPLICATION FOR REZONING The City's Zoning Atlas currently identifies the Subject Parcels as T5-0. The City's Future Land Use Map of the MCNP identifies the parcel at 26 NW 301h Street as General Commercial and parcel at 28 NW 3011 Street as Medium Density Multifamily Residential. See existing Zoning and based on the contiguous ownership. While the Applicant is interesting in correcting the NRD-1 boundary line, this change is subject to a corresponding amendment to Appendix J of Miami 21. (38202621;7) Ms. alga Zamora July 15, 2016 Page 3 Future Land Use maps of the Subject Parcels and the surrounding properties attached as "Exhibit C." Contained below is an analysis of the justifications for the proposed rezoning of the Subject Parcels from T5-0 to T6-8-0 under the criteria in Miami 21 and the MCNP. A. Comgfiance with Application Requirements under Article 7.1.2.8(c)(U The proposed rezoning of the Subject Parcels from T5-0 to T6-8-0 meets the threshold application requirements of Miami 21. The Adjacent Parcels (which are also owned by the Applicant) are zoned T6-8-0 as well as the parcels directly south of the Subject Parcels fronting NW 29'" Street. Therefore, the proposed rezoning is an extension of an existing transect zone (T6- 8-0) and the additional requirements of Article 7.1.2.8(c)(1) — including the requirement for a minimum land area of 40,000 square feet or 200 feet of frontage on one street—are not applicable to this proposed rezoning by the Applicant. B. Property Analysis under Article 7.1.2.8(c }(2(g] 1) Existing Conditions Both of the Subject Parcels are zoned T5-0 and currently used as surface parking lots serving the business at 2994 North Miami Avenue. See several photographs depicting the current commercial usage of the Subject Parcels and 2994 North Miami Avenue attached as "Exhibit D." The Subject Parcels lie on the northeast border of the NRD-1 and the Wynwood District, and surrounding properties immediately to the south are all zoned T6-8-0 and included within the NRD-1. This includes the Adjacent Parcels, which were rezoned to T6-8-0/NRD-1 during the creation of the overlay district in 2015. These parcels can be developed by Right up to 8 stories. The current conditions in the surrounding area to the southwest are typical of the Wynwood District, including several vacant properties and a number of existing one and two story warehouses and other older commercial and industrial buildings. Some of these buildings have been renovated for adaptive reuse, but many remain in deteriorated condition. To the immediate east of the Applicant's Property directly across North Miami Avenue are the City's various Midtown Overlay Districts. These parcels are zoned T6 -24A-0 and can be developed up to 300 feet in height depending on location. This area is characterized by "big -box" retail stores and other large-scale commercial development fronting both side of North Miami Avenue from NW 2911 Street all the way north to the 1-195 overpass. The parcel directly across from Applicant's Property is the site of the proposed Midtown Wal-Mart development. To the northwest of the Subject Parcels, there are several blocks comprised of old single- family, duplex, and multifamily residential buildings interspersed with small warehouse buildings. The parcels directly to the west of the Subject Parcels south of NW 301h Street are zoned T5-0. 2) Comparative Analysis In analyzing the current versus proposed transect zone regulations, it is evident that the proposed rezoning is both practical and appropriate to the scale of building size and massing currently permitted under current transect zones throughout the Wynwood and Midtown Districts directly abutting the Subject Parcels. Notwithstanding a clear compatibility with the properties to {3820262I;7} Ms. Olga Zamora July 15, 2016 Page 4 the southwest and the history of common ownership with the Adjacent Parcels, the Subject Parcels were not rezoned to T6-8-0 nor included within the NRD-1 overlay map when the NRD-1 was implemented in 2015. This rezoning seeks to correct this omission. When adopted, the NRD-1 became applicable to properties within T5, T6, and D1 transect zones—including a significant number of properties north of NW 2911 Street on the same block as the Subject Parcels. The Subject Parcels are zoned T5-0 and directly abutting the existing NRD-1 boundaries. Thus, the Subject Parcels had a clear compatibility with the character of the Adjacent Parcels and a common transect zone of T5-0. However, despite the history of common ownership and use across the Subject Parcels and Adjacent Parcels, the Subject Parcels were not included within the original rezoning and creation of the NRD-1 boundaries. As noted, the Applicant had originally included a request to expand the boundaries of the NRD-1 to include the Subject Parcels within the overlay district. Based on feedback from the City Attorney's office, the boundary adjustment is subject to a text amendment and thus the Applicant proceeds with this application independently. Ultimately, we maintain it is appropriate for the Wynwood Business Improvement District (BID) and the City to include the Subject Parcels with the NRD-1 if and when the boundaries of the overlay district are expanded.2 With a rezoning to T6-8-0, the Applicant would be permitted to develop three (3) additional stories by Right on the Subject Parcels, This rezoning will permit more uniform development of the Property that can serve as a better -designed transition between T5-0 properties to the west and larger -scale buildings along the commercial corridor to the east and up North Miami Avenue .3 Rezoning the Subject Parcels will allow the Applicant to develop more on-site parking in a future commercial project and prevent inappropriate overflow parking on nearby neighborhood streets. 3) Consistency with the MCNP and Miami 21 The proposed rezoning is consistent with the City's MCNP and the intentions of Miami 21. First, the T6-8-0 transect zone is considered to be consistent with the General Commercial future land use designation under the MCNP, which is already the future land use designation of the remainder of the Property, with the exemption of the parcel located at 28 NW 30th Street. This parcel is the subject of the companion comprehensive plan amendment discussed below, Second, the proposed rezoning is consistent with the successional zoning theory of Miami 21. The rezoning of the Property from T5-0 to T6-8-0 meets the requirements of Article 7.1.2.8(c), which denotes the transect zones available as successional zones. Further, the properties to immediately abutting the south and east of the Property are already zoned T6-8-0, and the property abutting to the west is zoned T5-0, which are each within one transect zone category of the other and therefore comply with successional zoning. 2 The parcel in the Property at 2916 North Miami Avenue is currently included within the Wynwood BID—and is therefore subject to the levy of a special assessment on that parcel for purposes of improvements to the Wynwood area. 3 The Adjacent Parcels are currently permitted a height of 8 stories by Right (12 stories under applicable NRD-1 bonuses) and the Subject Parcels could obtain a height of 8 stories by Right with this rezoning. This is a suitable transition to the parcels that are zoned T5-0 and permitted 5 stories by Right to the west. (38202621,7) Ms. Olga Zamora July 15, 2016 Page 5 Third, the rezoning of the Subject Parcels meets the criteria for rezonings listed in Miami 21 Article 7.1.2.8(f)(2) because the zoning change maintains the goals of Miami 21 to provide transitions and preserve neighborhoods. Although the area northwest of the Property is a residential neighborhood, the area southwest of the Property consists of primarily commercial/light industrial establishments typical of Wynwood, and the area immediately east of the Property is the commercial portion of the Midtown District. This rezoning will permit a more cohesive and uniform development of the Property that can serve as a better -designed transition between these distinct neighborhoods in a comprehensive fashion. Lastly, of note, the Subject Parcels are part of a unified site located immediately on a significant commercial intersection. Thus, their proposed inclusion in T6-8-0 is practical and does not create any domino effect that might arise from the further rezoning of properties west along NW 341h Street. As discussed, the Subject Parcels have been unified with the Adjacent Parcels at 2994 North Miami Avenue since 2008, but the Subject Parcels were excluded from the NRD-1 boundaries and upzoning to T6-8-0 when the Adjacent Parcels were placed inside the NRD-1 and rezoned in 2015. The Applicant is requesting this rezoning based on this unique circumstance, and commercial development is not practical further westward along NW 3011 Street. IV. APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT The Applicant seeks to amend the future land use designation of the single westernmost parcel in the Property located at 28 NW 30th Street to be General Commercial. Section 62-8(c) of the City of Miami Code of Ordinances provides that amendments to the future land use map shall be reviewed to ensure that "the land use, densities and intensities proposed are compatible with and further the objectives, policies, land uses, and densities and intensities in the comprehensive plan, provided further that the comprehensive plan shall be construed broadly to accomplish its stated purposes and objectives." As discussed below, the proposed amendment is compatible with the objectives, policies, land uses and densities and intensities in the City's MCNP. 1) Consistency The proposed amendment would consolidate the future land use designation of the entire Property as General Commercial. For all intents and purposes, the Subject Parcels and the Adjacent Parcels are treated as one cohesive tract of land. No physical separation exists, and the Subject Parcels been unified with the Adjacent Parcel at 2994 North Miami Avenue since prior to the adoption of the Miami 21 Code, Currently, the Subject Parcels are both used as surface parking lots serving a commercial business at 2994 North Miami Avenue. However, the current Medium Density Multifamily Residential designation of the parcel at 28 NW 30th Street does not permit most commercial uses. This is an inconsistency with existing T5-0 zoning regulations. The requested future land use amendment will only permit a continuation of existing office use at 28 NW 30" Street. This is consistent with the future land use designation of the remainder of the Property, including the other Subject Parcel, and is considered to be consistent with the proposed T6-8-0 zoning designation for the Subject Parcels. Additionally, the parcels immediately to the south of the Subject Parcels along NW 2911 Street have a General Commercial future land use designation, as well as the band of properties fronting North Miami Avenue to the north. (38202621;7) Ms. Olga Zamora July 15, 2016 Page 6 2) Economic Development The primary goal set forth in the MCNP's Future Land Use Element, Goal LU -1 is to protect and enhance the quality of life and foster economic development. Specifically, Policy LU -1.1.11 calls for a priority on urban infill: "Mhe concentration and intensification of development around centers of activity shall be emphasized with the goals of enhancing the livability of residential neighborhoods and the viability of commercial areas. Priority will be given to infill development on vacant parcels, adaptive reuse of underutilized land and structures." As the Property sits in the middle of multiple thriving activity centers (Wynwood and Midtown), as well as being a prominent location at the intersection of NW 291h Street and North Miami Avenue, the proposed amendment Is consistent with this policy to promote redevelopment of currently underutilized land. This proposed amendment also furthers Goal LU -3, which encourages urban redevelopment in identified Urban Infill Areas, Objective LU -3-1, which calls for the City to promptly review and act on petitions for land use plan amendments and rezoning of property in Urban Infill Areas to facilitate redevelopment, and Policy LU -3.1.1, which call on the City to continue review of existing zoning regulations to determine if they provide adequate flexibility to promote redevelopment. The General Commercial future land use designation would allow a variety of commercial land uses at 28 NW 301h Street, including offices, that are already permissible on the remainder of the Property. This would facilitate comprehensive redevelopment of the Property, which has already been under common ownership and usage for many years. V. CONCLUSION Enclosed herein is the completed application with all required supporting materials. Thank you for your consideration. We look forward to staff's favorable review and to presenting in front of the Planning, Zoning and Appeals Board for its recommendation, and the City Commission for its ultimate approval. Sincerely, Steven J. Wernick Enclosures cc: Francisco J. Garcia, Planning and Zoning Director Devin Cejas, Zoning Administrator David Snow Nicholas Barshel, Esq. (38202621;7) r {31686793;1} r rn 0 M Z 00 N d N D C M J El ." Subject Parcels: Aerial Map 28 NW 30 St of 26 NW 30 St Adjacent Parcels: TQQAJ��_ A 2916 N Miami Ave Miami, FL -�' ri-ri 4 Lim low - 116. r -s I�yi=3�laST,S RAh + R i,7A N W 28TH Sv --+� .. ... �. AM"* . EXHIBIT B 131696793;11 r U) 0 M z 00 N d N D C M J El This Document Prepared By and Return Io: Charles M. Jones, Esquire Charles M. ,zones, P,A. 700 S. Royal Poinciana Blvd, Suite 503 Miami Springs, Florida 33166 Pa reel ] D N umber: 01-3125-028-0660 Warranty Deed 1111111111111 Hill 11111111111IIIIIIIII11111 fill CF N 200380714,565 OR Ek 26548 Fs 2704; (lr9) RECORDED W103/2008 0B:2001 DEED DOC TA)( F75.00 HARVEY RUVIN? CLERY, OF COURT MIAMI-DADE COUNTY, FLORIDA LAST PAGE �h This Indenture, Made this Z5 day of August , 2008 A -D., Between BARBARA DEZAYAS, a single woman or the County of MIAMI-DADE , State of Florida , grantor, and 2994 NORTH MIAMI AVENUE, INC. , a corporation existing under the laws of the State of Florida whose address rs: 2994 North Miami Avenue, Miami, FL 33127 of the County of Miami -Dade , State of Florida , grantee. Witnesseth that the GRANTOR, for and in considerationofthe sum of ------------------------ TEN DOLLARS ($10)----------------------- DOLLARS, and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said GRANTEE and GRANTEE'S heirs, successors and assigns forever, the following described land, situate, lying and being in the County of Miami -Dade state of Florida to wit: Lot 5, in Block 4, of ST. JAMES PARK AMENDED, according to the Plat ther of, as recorded in Plat Book 4, at Page 41, of the Public Records of Miami -Dade County, Florida. form rly described as: Lot 5, in Block 4, of ST. JAMES PARK, according to the Plat thereof, as recorded in Plat Book 3, at Page 65, of the Public Records of Miami -Dade county, Florida. SUBJECT TO REAL PROPERTY TAXES AND ASSESSMENTS FOR THE YEAR 2008 AND ALL SUBSEQUENT YEARS. SUBJECT TO RESTRICTIONS, EASEMENTS, COVENANTS, CONDITIONS AND LIMITATIONS APPEARING IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; BUT THIS SHALL NOT OPERATE TO RE -IMPOSE THE SAME, SUBJECT TO ALL APPLICABLE ZONING ORDINANCES AND MUNICIPAL REGULATIONS. The property herein conveyed DOES NOT constitute the HOMESTEAD property of the Grantor. The Grantor's HOMESTEAD address is 3722 S.W. 154th Court, Miami, Florida 33185 and the grantor dues hereby fully warrant the title to said ]and, and will defend the same against lawful clai a ns whomsoever. In Witness Whereof, the grantor has hereunto set her hand and seal the day and year fiabove wrive . Signed, ,,sea led and delivne-red in ❑ur presence: /ba`-�L_!`.' � {Sea]) Print d Name: niP � �rGy BAARAAA DEZAYAS Witness P.O Address: 3722 S.W. 154th Court, MIAMI, FL33185 Printed Name s Witness STATE OF Florida COUN-l'Y OF MIAMI-DADE the foregoing instrument was acknowledged before me this Lam/ day of August , 2008 by BARBARA DEZAYAS, a single woman she is personally ktx?wn to r»c nr she has prvcl ural her Florida driver' liCenSB as identification. Printed IT Notary Pub C ��,4MdkW,N,,,,i1 My Cormrossion Expires: k;0z,pl wWDS31:11ci 3 9818UM0"01881Y/' Afl 08-5997 •ary.. r.uer ueanaud A r Durr r syu�.., LM, mol [66317633335 Fp FLM'D I 1; w inga 1" 600k255481Page2704 CFN#20080714565 Page 1 of 1 Tills Document Prepared By and Return m: Charles M. Jonas, Inquire CHARLES D1. JONES, P.A. 700 S. Royal Poinciana Blvd. Suite 503 Niani Springa, Florida 33166 ! !1111! Illi! IlIII IIII! IIIII IIl1llfllllllll111 C=FN 2r.3tJ4RriS10Q20 DR Ek 22659 F'9 0791i Ovgg RECORDED 09/15/2000 15:41:44 DEED DOC TAX 960.06 HARVEY RUVIN, CLERK OF COURT MIAMI-DADE CDUNTYr FLORIDA LA5T PAGE Pa reel Ib Number: 01-3125-028-0651 Chrantec #1 Tll+- Warranty Deed This Indenture, Made this 19th day or August 2004 A-DBetween NANCY CORTADA, a single woman of the County of Miami -Dade , Statc of Florida , grantor, and 2994 NORTH MIAMI AVENUE, INC.. a Florida Corporation whose address is: 2994 NORTH MIAMI AVENUE, Miami, FL 33137 of the county of Miami -Dade , Statc o£ Florida , grantee. Witnesseth that the GRANTOR, for and in considemlion of the sum of ------------------------TEN DOLLARS ($10)----------------------- DOLLARS, and other goal and valuable consideration to GRANTOR in hand Paid by GRANTFF, the receipt wherec& is hereby acknowledged, has ganted, bargained and sold to the said GRANTEE and GRANTEE'S heirs, SUMC5a0ia and assigns furever, the following described land, siulate, lying and being in the i'e,unty of Miami -Dade State of Florida ur wit: Lot 4, in Block 4, of ST. JAMBS PARR AMENDED, according to the Plat thereof, as recorded in Plat Book 4, at Page 41, of the Public Records of Miami -Dade County, Florida. SUBJECT TO REAL PROPERTY TAXES AND ASSESSMENTS FOR THE YEAR 2004s AND ALL SUBSEQUENT YEARS. SUBJECT TO RESTRICTIONS, BASEMENTS, COVENANTS, CONDITIONS, AND LIMITATIONS APPEARING IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; BUT THIS SHALL NOT OPERATE TO RE -IMPOSE THE SAME. SUBJECT TO ALL APPLICABLE ZONING ORDINANCES AND MUNICIPAL REGULATIONS. and the grantor doer hereby fully warrant the title to said land, and will defend the same against lawful claims of ell persons whomsoever, In Witness Whereof, the grantor has hereunto set her hand and seal the day and year first above written. Signed, sealed and delivered in our presence: C2_� A 411�V,16_ -5• Printed Name: 1 ,2r- A 'Wepaj, CY PORTADA Witness P.O. Address: 76 N.W. 30th Street, Mlaml, FE, 33137 6 Printed Name:� Witness STATE OF Florida COUNTY OF Miami -Dade The foregoing instrument was acknowledged before nae this 19th day of August , 2004 by NANCY CORTADA, a single woman she is perwnally kiwwn v.3 me or she has Produced her Florida driver's license as identification. &" >, lei,"", i ANWg.WDODS Printed Name: MYC-OMMISSOODD25M Notary Public ESQ' HB OMW 9' 2m? M Commission Expires; aaror0Th. W"Poknndriwrrrrs Y p O4-�J057 ra.,rC a sy o r3,rp-, 5,..%ra. 3— 1we31 153-1= F—a-DI Book226591Page791 CFN#20040810020 Page 1 of 1 CFN 2005RO755566 OR Bk 23592 P3 0247; UP9 ) This deed prepared by: RECORDED 07/20/2005 15:12:19 Thomas M. Parker, Esq. DEED DOC TAS` 2,850.00 Fla. Bar No. 0047570 SURTAX 21137.50 2900 NW 35" street HARVEY RUVINP CLERK OF COURT Miami, FL 33142 MIAMI-DADE COUNTYY FLORIDA LAST PAGE WARRANTY DEED De This Warranty Deed made �S 3 / day of May, 2001, by THOMAS ZELS, a married man joined by his wife, CAROLE ZELS, whose post office address is: 1950 North Hibiscus Drive, North Miami, FL 33181 ("Grantor") and 2994 North Miami Avenue, Inc., a Florida corporation with offices at 2994 North Miami Avenue, Miami, FL 33127 ("Grantee") Witnesseth, That the Grantor, for and in consideration of the sum of Ten and No/100 Dollars and other valuable considerations, the receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto Grantee, all of Grantor's interest in and to that certain land situate in the County of Miami -Dade, State of Florida, to -wit: Lots 1 and 2, of Block 4, SAINT JAMES PARK, according to the Plat thereof recorded in Plat Book 3, at Page 65 of the Public Records of Miami -Dade County, Florida, also known as Lots 1 and 2, of Block 4 of AMENDED PLAT OF SAINT JAMES PARK, according to the Plat thereof, recorded in Plat Book 4, at Page 41 of the Public Records of Miami -Dade County, Florida. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anyway appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through, or under the said Grantor. IN WITNESS WHEREOF, the said Grantor has signed and sealedx se presents the day and year first above written. Signed, sled an delivered in the �o (as to both): Print name: ' zZ9m&3 Print name: STATE OF FLORIDA ) COUNTY OF MIAMI -DARE) The foregoing instrument was acknow ed before me thisay of , by THOMAS ZELS AND CAROLE ZELS, husband and wife, who personally known to me or who 1 has pr ced as identification. / i a,up..w h10MA8 M PARIN ,r•, putft _ Stat* of FloAdp Notary Public ,NCarrrnti�on6pya�CdZ�2m7 Print name: My core�pnmla��iyo�ny�#..��,yW244.1�.4�12 Commission No.: on AldevBook23592/Page247 CFN#20050755566 Page 1 of 1 EXHIBIT C {31686793;1 } r U) 0 M z 00 N d N D C M J El Zoning Map 28 NW 30 St 26 NW 30 St Miami, FL Tr ' ' �NRD'A � �T1H NW2._ . ze1niw 30 St. 26 NW ;�30 St Attachment: File ID 1314 - Application & Supporting Docs (1314 : Land Use - 28 NW 30 St) Future Land Use flap Subject Parcels 28 NW 30 St 26 NW 30 St Adjacent Parcels 2994 N Miami Ave 2916 N Miami Ave Miami, FL Meh. MF Res 4� LoW D_ Rest Corn 28 NW 3 St '►�1 2994 Miami A 2916 N Miami Ave e I 71 NE 20th Attachment: 7le ID 1314 - Application & Supporting Docs (1314: Land Use - 28 NW 30 St) EXHIBIT D {31686793;1} r U) 0 M z 00 N d N D C M J El 2994 N Miami Ave 26NW30St f 28 NW 30 St f38247923;1) Attachment: File ID 1314 - Application & Supporting Docs (1314: Land Use - 28 NW 30 St) 4 {38247923;1 } Attachment: File ID 1314 - Application & Supporting Docs (1314 : Land Use - 28 NW 30 St) H CERTIFIEDTO:a Lot 22 Lot 23 2994 NMA GATEWAY PROPERTIES LLC N89'52'48"E 100.00'(M&R) RIVERSIDE ABSTRACT CHICAGO TIRE INSURANCE COMPANY 2994 NORTH MIAMI AVENUE, INC., ITS SUCCESSORS AND/OR ASSIGNS, A.T.I.M.A. LOCATION MAP SITE PICTURE SITE ADDRESS: 26 -28 N.W. 30th STREET MIAMI, FL 33127 308 NUMBER: 08-807108-1216/ 12-407 DATE OF SURVEY: 3UNE 13, 2012 / MARCH 10,2016 FOLIO NUMBERS: 01-3125-028-0651/ 01-3125-028-0660 e :Y-NRVI� nacxa.re 0 u o ».�E DE �. o�T. � W" ¢� owe l� ww�Twfl.a d �N d ® WmMWNS M WA ® wtm R�vw� 7 vn vi�*u "em 108 SPEaFx 9JRVEYffi NOTES: rPE PROPFATY DExAIecD on Tws sAMEY DDEs rAr � wTDIM ASRax Haan ATEA AS oEFlrED mrlE PlDFA4 r HAHerA�En-r AaeHn; THE w: rPir. r cus wttwrr A R00DN1E �dTIE Fltl0otl6tMYC2 AAR AYY tl)NYIVIN1 ASCdIMWRY RWFLW 1 1u,wtIH AN ERKTM DATCd SF9'EMBER tt, x[5. ensMS ttOD OCIe�n ReT (H'+vD: uw ArtFA d Slefl�t FPt09t1Y: llADo sF (+)-) EVAT WMS K� &lR➢Ox THE i9i4,�fFA lewIDMECWHIY seMbI MAPx Na y1y wR.HAH REYAiwxa fAlA kCIT. OPMO�, SFWNN 1fPFLX1 ARE 9ASE00n An ASEiMe FEPm1Ax d xgmsDis'E., etING TM PKQREEd eFIAE1IG FdP T,E CEnTExLE CS Nxix H:N11 AYE., AS SHyAH CN RAi HOCc 3 Ar wtt es d THE wa]C PEmm DF rn.Au D.DE mlenY rl�aA GENERAL SURVEYOR NOTES: TIE 5H0wH t6x o�+IDRdi USED TD PEPSdJI Tg500UMDAIO' SlR4EY wqs PRQY®E0 etirfE(iee1E. StR1E/ IS eASID d1 �For3� neualaTKw PRMII�erdlEfrt. p] TEt]!I[ SUA[nd T1E RU6l]C: FODR➢ItAS MIIt N/mf n dxMCt UNtE550TIEAwISE M]TEp, AN ExAT9x TSN pC TI{ pCTRi{ wAs HT oMC mTt WMN651RVC�Uktd Ei�DgNEwpf�l lam. D N+]!IE AtE LTRG TNs ysi�i mG�x1Y. Tests y�4vEt' Is E2' ustvEr VCR fnE USE d TIE MATTES TD Wrldt R wAS OJRIFIW PLR9JNR TO PAAi 6]G]]3 CF TIE Fl] 4bA AC�D�Yv ]TYE fixE Tia En4R[D tlY d lMD 15 SUBJUBAH, TNR M1HRfuy pBgmE o6fAe[! 10.1hACY fORTHES TrPEOF 9xnH'ts 1 wtrI LY i'�d FEET, TIE rccwc �rwao errrwumt�exrAm exnAArldsdnomczn�AE:rlanEs wrs �aroio ExcEeo rias PFpnnarra. TKfE APE NO NS'ML NDa'EGPOUW �wo.mn•st+)mTHE 1NI'�.E+,ta'rt50PM A6KCf, ]RClr lex u]%X14Ka wARE�IES, Sirt�f500. iLUN&dl R)9.'TIE I+�J'.9B+IS CFTNE AD%]]nInG PRdERfxs, sTAEETS OP WEr`uId,7HEs%RST wry oilrtn»Iw TNas>!aova oxrws eolaaxr vaNfx. iHEaE w'E n0 Ytdm • E1Y71E/(i8 pIRIGKf#SWAY d WHIW TfE UK%A519E0 xA5 eEEH AnYE� OPIERT11W1T,� 9i01YN CNT1115 SUFEY'. TIE MAP d Sye,E1'4 MIEenE0t0 bE DLSTAhffi AT TME 9tlWNtAIAQ[?C/1C IPI CIRR1911ANF.d lEA;UPCMDFf. M xAE CESS (auPHK pEPRCST)RATAx fvrvE IEIH LYAPtAATEDTO MOaC LY D3165RATEA PARtk1AM MBAWrERE dMETS[OfB 31W1L HAVC PP691FME 01£4 GMRUC lOCAT➢pfl TIE REYATRA4(IP Axr)dwat-wEMIv1En F¢SrtmE5 A50FRCTFn[x YMS SAT�tY AND tMR WEPF MPXVWD TO IM E5rtYwtEov[kFl[x IGStOdIYM. WK d Xe FOUf TOR wttW+Ji GPDunO AUKAC[3 A/O1tH l00i FOR HumsWE 9AFw$ QLiuCY1G M1-.]Exi. NQS, 50CwkR5 /J,D 011E MWYOE Siwr_ THE survEmAF�AI�en P>§Rt�rR'Anon As ro awxMow, P�rox eaoeevAnDN DF TIE ste]ECT mdEmr m AN/ rHrm aAlrarnDlw, uR FBN R00DmxE IMOANAnOx ProwDED Dx TR541R+EY � wN OEOPCiAr7YTIl MIPFwE dAr A!p rt wAS DeTAM9 ArwNw.I9Y1d]l IF'W]]A@pfI01NOTMCi ADIA>oNT AANE(IN Ary EtKTgpeC FCMfAT, TFER TP]ATXw m71rAi1�OxtM5 np0AFHT ISDILY4WDDPCS D06A4f2t 6[IECRWNKHAT5�A55PE�D[® Ix ONPfER SH17.96i (� d THE F4ORIW ADMM61RATrvE 1>]oE>F T105 DDMAEN! f5 M PMG FWNT, R 6 NOt vALW wRFWFTIESRiAA7U@ ATW dMaNx PA1� gx d TIE RepFEffi[wa l/n9 SUAVF�AIA w»FnpF P63iA. EN ME AND ERPD1 I 1 A -TxEnE UE rs]Yme�Ea�Ettrdm[wa>F.[r Pxde�rY 10i54Nq s. xDo<�,dAMETn®RAidsr. }ArES MPRAw:raEo sl��w7srx+, AD1IPDDG rD-rnEsmlar PRd6frr 7s NTtI11MAR0W N1Ex�NDrE 71 THE RAi THEAe>fi AS RHSIIDEDMRAT FA01[4Ai FKt 11, OFTIIl Puattt RCmnnsd MIAIC•pATE -THERE AO MTICO UTIL G4PIIB.T'w TIESRI[lT PPL1PERTY Odrt/11', IUNUOA 1 HEREBY awwr MAT THE AWACHM 514TCI1 M �Y SURVEY' MATHS WKVET KW RESULTMG TIEAEFROM WT A80VE OEXRIeEO PROPERTY N A TRUE Alq CDRPECT P>3PESHfTATRW d A MW SLAM MADE UNM W ODECTIOR AND Mn T MIETR M THE APFLICAMU PROVISIONS OF TFE'MOOMUM ICQNILAL STAtMARM FOR LAW SUAYEYMG MTIE STATE OP RAR WRA,.SUNIi W RUE SH17 OF TIE FLORIDA Ad1DOSUR COOS AIA 175 MPIEMBTTFD UW, CINPEEA 4MW, W THEFWKMO�iATVRS unT vm to 141TXf11 rt TMP vn. aaTl vs sun DAI[FI1 cFei nP a w rnma Attachment: File ID 1314 - Application & Supporting Docs (1314: Land Use - 28 NW 30 St) .. PRE -APPLICATION .0131250280651;0131250280660 }, Folio #' Steven J. VVgrnick on behalf of w� . x,2994 NMA Gateway Properties LLC Applicant Name r.� JfI 305-982-5579 ,ff Applicant Phone Number - 26 NW 30 St Project Street Address REFERRAL May 17, 2016 Date NIA Project Name Steve n.wern ick@a kerma n.com Applicant E-mail Address & 28 NW 30 St. To BE COMPLETED BY THE OFFICE OF ZONING: ❑ One (1) 24"X36" or larger set of signed and sealed plans 0 Survey within one year with Building Baseline established by Public Works T5 -O Transect Zone Rezoning & Comp Plan Amend. - Section 7.1.2.8 Type of Permit Requested — Code Section Applicant proposes to: rezone two (2) parcels presently zoned T5-0 to T6-8-0 by extending the boundary of the existing T5-0- 14 - transect zone; rezone two (2) parcels presently zoned outside of the NRD-1 to be inside the NRD-1 by extending the boundary of the existing NRD-1; and amend the future land use designation of one (1) parcel from Medium Density Multifamily Residential to General Commercial. Summary of Request X7 JU - ate TY OF MIAMI Z O N I N G D E P A R T M E N T Ph: 305-416-1499 444 SW 21d Ave 46 FIoor Miami, FL 33130 www.niia�'+Fgov.com/zoning Revised 07124;2013 This Document Prepared By and Return Io: Charles M. Jones, Esquire Charles M. ,zones, P,A. 700 S. Royal Poinciana Blvd, Suite 503 Miami Springs, Florida 33166 Pa reel ] D N umber: 01-3125-028-0660 Warranty Deed 1111111111111 Hill 11111111111IIIIIIIII11111 fill CF N 200380714,565 OR Ek 26548 Fs 2704; (lr9) RECORDED W103/2008 0B:2001 DEED DOC TA)( F75.00 HARVEY RUVIN? CLERY, OF COURT MIAMI-DADE COUNTY, FLORIDA LAST PAGE �h This Indenture, Made this Z5 day of August , 2008 A -D., Between BARBARA DEZAYAS, a single woman or the County of MIAMI-DADE , State of Florida , grantor, and 2994 NORTH MIAMI AVENUE, INC. , a corporation existing under the laws of the State of Florida whose address rs: 2994 North Miami Avenue, Miami, FL 33127 of the County of Miami -Dade , State of Florida , grantee. Witnesseth that the GRANTOR, for and in considerationofthe sum of ------------------------ TEN DOLLARS ($10)----------------------- DOLLARS, and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said GRANTEE and GRANTEE'S heirs, successors and assigns forever, the following described land, situate, lying and being in the County of Miami -Dade state of Florida to wit: Lot 5, in Block 4, of ST. JAMES PARK AMENDED, according to the Plat ther of, as recorded in Plat Book 4, at Page 41, of the Public Records of Miami -Dade County, Florida. form rly described as: Lot 5, in Block 4, of ST. JAMES PARK, according to the Plat thereof, as recorded in Plat Book 3, at Page 65, of the Public Records of Miami -Dade county, Florida. SUBJECT TO REAL PROPERTY TAXES AND ASSESSMENTS FOR THE YEAR 2008 AND ALL SUBSEQUENT YEARS. SUBJECT TO RESTRICTIONS, EASEMENTS, COVENANTS, CONDITIONS AND LIMITATIONS APPEARING IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; BUT THIS SHALL NOT OPERATE TO RE -IMPOSE THE SAME, SUBJECT TO ALL APPLICABLE ZONING ORDINANCES AND MUNICIPAL REGULATIONS. The property herein conveyed DOES NOT constitute the HOMESTEAD property of the Grantor. The Grantor's HOMESTEAD address is 3722 S.W. 154th Court, Miami, Florida 33185 and the grantor dues hereby fully warrant the title to said ]and, and will defend the same against lawful clai a ns whomsoever. In Witness Whereof, the grantor has hereunto set her hand and seal the day and year fiabove wrive . Signed, ,,sea led and delivne-red in ❑ur presence: /ba`-�L_!`.' � {Sea]) Print d Name: niP � �rGy BAARAAA DEZAYAS Witness P.O Address: 3722 S.W. 154th Court, MIAMI, FL33185 Printed Name s Witness STATE OF Florida COUN-l'Y OF MIAMI-DADE the foregoing instrument was acknowledged before me this Lam/ day of August , 2008 by BARBARA DEZAYAS, a single woman she is personally ktx?wn to r»c nr she has prvcl ural her Florida driver' liCenSB as identification. Printed IT Notary Pub C ��,4MdkW,N,,,,i1 My Cormrossion Expires: k;0z,pl wWDS31:11ci 3 9818UM0"01881Y/' Afl 08-5997 •ary.. r.uer ueanaud A r Durr r syu�.., LM, mol [66317633335 Fp FLM'D I 1; w inga 1" 600k255481Page2704 CFN#20080714565 Page 1 of 1 Tills Document Prepared By and Return m: Charles M. Jonas, Inquire CHARLES D1. JONES, P.A. 700 S. Royal Poinciana Blvd. Suite 503 Niani Springa, Florida 33166 ! !1111! Illi! IlIII IIII! IIIII IIl1llfllllllll111 C=FN 2r.3tJ4RriS10Q20 DR Ek 22659 F'9 0791i Ovgg RECORDED 09/15/2000 15:41:44 DEED DOC TAX 960.06 HARVEY RUVIN, CLERK OF COURT MIAMI-DADE CDUNTYr FLORIDA LA5T PAGE Pa reel Ib Number: 01-3125-028-0651 Chrantec #1 Tll+- Warranty Deed This Indenture, Made this 19th day or August 2004 A-DBetween NANCY CORTADA, a single woman of the County of Miami -Dade , Statc of Florida , grantor, and 2994 NORTH MIAMI AVENUE, INC.. a Florida Corporation whose address is: 2994 NORTH MIAMI AVENUE, Miami, FL 33137 of the county of Miami -Dade , Statc o£ Florida , grantee. Witnesseth that the GRANTOR, for and in considemlion of the sum of ------------------------TEN DOLLARS ($10)----------------------- DOLLARS, and other goal and valuable consideration to GRANTOR in hand Paid by GRANTFF, the receipt wherec& is hereby acknowledged, has ganted, bargained and sold to the said GRANTEE and GRANTEE'S heirs, SUMC5a0ia and assigns furever, the following described land, siulate, lying and being in the i'e,unty of Miami -Dade State of Florida ur wit: Lot 4, in Block 4, of ST. JAMBS PARR AMENDED, according to the Plat thereof, as recorded in Plat Book 4, at Page 41, of the Public Records of Miami -Dade County, Florida. SUBJECT TO REAL PROPERTY TAXES AND ASSESSMENTS FOR THE YEAR 2004s AND ALL SUBSEQUENT YEARS. SUBJECT TO RESTRICTIONS, BASEMENTS, COVENANTS, CONDITIONS, AND LIMITATIONS APPEARING IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; BUT THIS SHALL NOT OPERATE TO RE -IMPOSE THE SAME. SUBJECT TO ALL APPLICABLE ZONING ORDINANCES AND MUNICIPAL REGULATIONS. and the grantor doer hereby fully warrant the title to said land, and will defend the same against lawful claims of ell persons whomsoever, In Witness Whereof, the grantor has hereunto set her hand and seal the day and year first above written. Signed, sealed and delivered in our presence: C2_� A 411�V,16_ -5• Printed Name: 1 ,2r- A 'Wepaj, CY PORTADA Witness P.O. Address: 76 N.W. 30th Street, Mlaml, FE, 33137 6 Printed Name:� Witness STATE OF Florida COUNTY OF Miami -Dade The foregoing instrument was acknowledged before nae this 19th day of August , 2004 by NANCY CORTADA, a single woman she is perwnally kiwwn v.3 me or she has Produced her Florida driver's license as identification. &" >, lei,"", i ANWg.WDODS Printed Name: MYC-OMMISSOODD25M Notary Public ESQ' HB OMW 9' 2m? M Commission Expires; aaror0Th. W"Poknndriwrrrrs Y p O4-�J057 ra.,rC a sy o r3,rp-, 5,..%ra. 3— 1we31 153-1= F—a-DI Book226591Page791 CFN#20040810020 Page 1 of 1 Exhibit A LEGAL DESCRIPTION FOLIO #: 01-3125-028-06511 01-3125-028-0660 LOTS 4 AND S, BLOCK 4, OF SAINT JAMES PARK, ACCORDING TO THE. PLAT THEREOF AS RECORDED IN PIAT BOOK 3 AT PAGE 65, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ALSO KNOWN AS LOTS 4 AND 5, BLOCK 4, OF AMENDED PLAT OF SAINT .JAMES PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4 AT PACE 41, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA (38681773;1) Current Photos 2994 N Miami Ave 26NW30St f 28 NW 30 St f38247923;1) Attachment: File ID 1314 - Application & Supporting Docs (1314: Land Use - 28 NW 30 St) {38247923;1 } Attachment: File ID 1314 - Application & Supporting Docs (1314 : Land Use - 28 NW 30 St) �tv nF. i• •rr� llslll Ilnlf 2N 5 JUL13 Psi 3: 14 U ,: LLL t=:i� CITY OF MIAMI Print Form For Office Check# t 1 1 �� n� Use Only: Receiptll Ethics Certificate c t i Clerk, 3500 Pan American Drive, Miami, FL 33133 Phone, (305) 250-5360 LOBBYIST REGISTRATION (1) Lobbyist Name: Wernick, Steven Business Phone: 305-982-5579 Last Name, First Name, Middle Initial Business Address Akerman, LLP 98 SE 7th Street, Miami, FL 33131 Gip E -Mail Address steven.wemick@akerman.com (2) Principal Represented 2994 NMA Gateway Properties LLC Principal's Business Address 28 West 36 Street, 3rd Floor, New York, NY (ifdifferent from above) Zip 10018 (3) 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). Carnpreherrsive Plan Amendment and Rezoning for properties located at 26 NW 30th Street and 28 NW 30th Street, Miami, FI (4) Lobb Is shall state the extent of any business association or financial relationship with any memberr(s) of the City Commission, any member of City staff before whom he/she lobbies or intends to lobby. (rf applicable, Please explain) NIA Lobbyists shall pay all registration fees ($525.00 annually, plus $105.00 for each principal represented and for each issue a lobbyist has been retained to lobby on behalf of any one principal), and specifically define the issue for which they are employed. The Clerk shall reject any statement which does not detail the issue for which the lobbyist has been employed. hobbyist shall also submit a certificate of completion of an ethics course provided by the Nlianti-Dade County Commission on Ethics & Public Trust or City of Nliami completed no more than Otte (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 of Miami Code, as amended, including "annual registration, withdrawal, reporting requirements definitions, examinations, penalties for violations and contingency fees." Lobbyist Signature State of Florida, County of 1tMiami-Dade �TS orn to art subs ribed before ny�th, day of BUSWHEYM.BA1gz +{ :. MY COWSSION t FF 919693 ' - EXP ISES: Oel:ernber 21, 2019 y 1a ,t Bonded Thm Nota y Pub& Underww ers 4 *,otary r DJuC/lerk Note: Annual Registration Fee: Effective through 12/31/2016 AKERMAN LLP SunTrust 30018833 6-215 631Miami, FL 495 N KELLER ROAD 80 rE 3WDATE 07/13/16 MAITLAND, FL 32751 PHONE (407)2542397 AM C EC PAY ONE HUNDRED FIVE AND 001100 Dollars $105.00***t*** BMERGENCYACCOUNT VOID AFTER BO DAYS TO THE CITY OF MIAMI 7 ORDER OF 3500 PAN AMERICAN DR OFFICE OF THE CITY CLERK MIAMI, FL 33133 CHECKS $1,00ef REQUIRE TWO SIGNATURES c its 300 188330 1:063 10 2 L5 216. 10000L. 2656578n' z 00 N ' d L � C yap City of Miami M s v 'i OFFICIAL RECEIPT 463140 to O o $ �k�L')U Sales T $Total $ ' A Date: " .hlt ► : i� 1 ?� x_AfL3 L 0 Dollars o Received from: _ a A. Ad'dt�ss: ¢ For: LwA I)m This Receipt not VALID unless dated, Y: filled In and signed by authorized ployee of department or division des- Department: ignated hereon and until the City has collected the proceeds of any checks Division: — tendered as payment herein. No: MW C I FN/TM 402 Rev. 03/03 Distribution: White - Customer; Canary - Finance; Pink - Issuing Department ON tr6',f nnu urrn u u 1�f?1 JUL � � Pi 1 3: 114 � r� RT 1, CITY OF MIAMI Print Form For Office Check# UV� USC Only: Receipt# Ethics Certificate 11 .I z Q>Ac'�:9M#P City Clerk, 3500 Pan American Drive, Miami, FL 33133 Phone; (305) 250-5360 LOBBYIST REGISTRATION (1) Lobbyist Name: Barshel, Nicholas Business Phone: 305-982-5538 Last Name, First Name, Middle Initial Business Address Akerman, LLP 98 SE 7th Street, Miami, FL E -Mail Address nicholas.barshel@akerman.com (2) Principal Represented 2994 NMA Gateway Properties LLC Principal's Business Address28 West 36 Street, 3rd Floor, New York, NY (If different from above) Zip 33131 Zip 10018 (3) 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 live percent (5%) ownership interest in said corporation, partnership or trust). Comprehensive Pian Amendment and Rezoning for properties located at 26 NW 30th Street and 28 NW 30th Street, Miami, FI (4) Lobbyists shall state the extent of any business association or financial relationship with any member(s) of the City Commission, any member of City staff before whom he/she lobbies or intends to lobby. (If applicable, please explain) N/A Lobbyists shall pay all registration fees ($525.00 annually, plus $105,00 for each principal represented and for each issue a lobbyist has been retained to lobby on behalf of any one principal), and specifically define tate issue for which they are employed. The Clerk shall reject any statement which does not detail the issue for which the lobbyist has been employed. Lobbyist shall also submit a certificate of completion of an ethics course provided by the Yliami-bade 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 f have read or am familiar with the provisions contained in Sections 2-651 through 2-658 of the City of Miami Code, as amended, including "annual registration, withdrawal, reporting requirements, definitions, examinations alties for violations and contingency fees." State of Florida, County of Miami -Dade S)v4Vn to and s cri ed befar this day of — Diam Pere¢ -Geta Nd NOTARY PUBUC STATE OF FLORIDA Comm# FF233833 Expires 6/8/2019 byist Signature Deputy Clerk Note: Annual Registration Fee: Effective through 12/31/2016 AKERMAN LLP SunTrust 30018832223i .2,5 495 N KELLER ROAD Miami, FL 6 SUITE 300 DATE 07/13/16 MAITLAND, FL 32751 PHONE (447)254-2397 AMOUNT OF CHECK ►inU a sc a r s it $105.00******* EMERGENCY ACCOUNT VOID AFTER 90 DAYS TO THE CITY OF MIAMI ' ORDER OF 3500 PAN AMERICAN DR OFFICE OF THE CITY CLERK_ MIAMI, FL 33133 L - i CHECKS OV $1,000 REQUIRE TWO SIGNATURES 0 0 3❑0 188 3 211' 111.06 3 1❑ 2 1 5 21: 1000❑ , 26 56 S 7811' z 00 N d 1 � r � City of Miami J OFFICIAL RECEIPT M No. C- 1 � -- $ Sales ax $� Total $ V Date: `� o v[ o �� /100 Dollars c Received from: EO i CL Alss: CL ���For: , rarlCe NO: �i;Lj r��, � atS This Receipt not VALID unless dated, C `� O filled in and signed by authorized em- ployee of department or division des- Department: 4 v ignated hereon and until the City has Q collected the proceeds of any checks CL tendered as payment herein. Division: Q wq C I FNITM 402 Rev. 03103 distribution: White - Customer; Canary - Finance; Pink - Issuing Department „r i 4k REZONINGAPPLICATION AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Steven J. Wernick , who being by me first deposes and says: That he/she is the owner or the legal representative of the owner, submitting the public hearing application as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as listed on the foregoing pages, 2. That all owners who he/she represents, if any, have given his/her full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the foregoing petition, ❑ including or ❑ not including responses to day to day staff inquires. 3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative. 4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. Further Affiant sayeth not. Steven J Wernick on behalf of 2994 NMA Gateway Properties LLC Applicant(s) Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE 1 Applicant(s) Signature The foregoing was acknowledged be a me this 1 T 1 day of JU L\ 20 IU by who is a(n) individual partnerlagenticorporation of (n) individual/partnership/corporation. He/She is ersonally known to me or who has produced as identification and who did (did not) take a oath. (Stamp) Signature Bl1BLAlNblf A4, 5AIHZ ,• :.= MY COMMISSION i FF 919893 = EXPIRES: December 21, 2819 .19G. Bonded Thor Notary Pubrc Undamftn Rcv. 47-21113 COMPREHENSIVE PLANAPPLICATION AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Steven J. Wernick , 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, ❑ including or ❑ not including responses to day to day staff inquires. 3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative. 4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. Further Affiant sayeth not. Steven J Wernick on behalf of 2994 NMA Gateway Properties LLC Applicant(s) Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE -_12 Applicant(s) Signature The foregoing was acknowledged before me Lhis `-'1 day of 20 Q , by L1 1 who is a(n) individual1partnerlagent/corporation of YY1 S. n) individual1partnershiplcorporation. He/She is ers or who has produced as identification and who did (did not) takan oath. (Stamp) r'" BUSWNEYM.SAINZ SI re .; MY COMMISSION i FF 919693 EXPIRES: Dwember 21, 2019 Banded Thru Notary Pu61k Wder+r bm Rm (17-71113 REZONINGAPPLICATION 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) 2994 NMA Gateway Properties LLC Percentage of Ownership See Attached Schedule 1 Subject Property Address(es) 26 NW 30 St and 28 NW 30 St, Miami, FL 33127 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): See attached Schedule 2 Steven J Wernick Owner(s) or Attorney Name t•���r i►ilr: ►1LMA u�riT Legal Descriptions): 000 65��e Owner(s) or Attorney Signature T foregoing was a kn w dged e m t is day of -TV L 20 11, , by W who is a(n) individuallpa nerlagenticorporation of a(n) iInd ividuallpartnersh1p!corporation. /She is personally known to me or who has produced as identification an ho di i no a e an oat,r- (Stamp) Rm 07-2013 Signature diem Pma-Geta NOTARY PUBLIC STATE OF FLORIDA Com rt# FFx33833 Expires &=019 Schedule 1 Owner Percentage of Ownershi Aron Rosenberg 28.21% David Rosenberg 14.48% Michael Rosenberg 14,41% Albert Rosenberg 3.41% Alice Rosenberg 9.59% Mordechai Rosenberg 3.74% Jack Fruchter 5.44% Lisa Fruchter 1.86% Sam Fruchter 0.33% Mitchel Twersky 1.26% Alan Hermes 2.53% Sam Baratz 1.01% Lee Wallach 3.79% Rubin Family 2.53% Gold Family 1.26% Michael Berger 3.54% Saul Kaszowitz 1.39% Shelby Rosenberg 0.23% Scott Sulzberger 1.01 TOTAL l00% {38684492;1) co 0 M z co N a� cn J M r 0 0 __ r 0 CL CL 0 cn 06 _ 0 �a Q CL G Schedule 2 Address Legal Description 2830 N Miami Ave 25 53 41 ST JAMES PK PB 3-65 LOTS 1 & 2 BLK 5 LOT SIZE 91.060 X 125 OR 19405-3107 1299 4 COC 24137-0339 01 20061 2916 NW 291h Street 25 53 41 ST JAMES PK PB 3-65 LOT 3 & LOTS 24-25-26 BLK 4 LOT SIZE IRREGULAR OR 16787-2902 0395 4 2994 N Miami Ave 25 53 41 ST JAMES PK PB 3-65 LOTS 1 & 2 BLK 4 LOT SIZE 92.000 X 125 OR 18955-0115 0100 1 COC 23592-0247 05 2001 1 {38684469;1} w co 0 M z 00 N a� C M J r M P N V O a 87 C O Q Q 7 co ca C O r M v Q Q El COMPREHENSIVE PLANAPPLICATION 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. Owners Name(es)2994 NMA Gateway Properties LLC Percentage of Ownership Subject Property Address(es) Attached Schedule 1 28 NW 30 St, Miami, FL 33127 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): See attached Schedule 2 Steven J. Wernick Owners) or Attorney Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Legal Description(s): Owner(s) or Attorney Signature —1J [W e foregoing wa , acknowledged be me this V [ day of 20 , by %xeut/l who Is a(n) individuaUpartnerlagenticor oration of a(n) individuallpartnershiplcorporation el he is personally known to me or who has produced as identification an who did (dl not) take an oath. ,--T X — (Stamp) Signature Dian Pww.Gata NOTARY PUBLIC STATE OF FLORIDA Cor VM# FF233833 Expires 6/812019 Rev. 07-2013 Schedule 1 Owner Percentage of Ownership Aron Rosenberg 28.21% David Rosenberg 14.48% Michael Rosenberg 14.41% Albert Rosenberg 3.41% Alice Rosenberg 9.59% Mordechai Rosenberg 3.74% Jack Fruchter 5.44% Lisa Fruchter 1.86% Sam Fruchter 0.33% Mitchel Twersky 1.26% Alan Hermes 2.53% Sam Baratz 1.01% Lee Wallach 3.79% Rubin Family 2.53% Gold Family 1.26% Michael Berger 3.54% Saul Kaszowitz 1.39% Shelby Rosenberg 0.23% Scott Sulzberger 1.01% TOTAL 100% {38684442;1} co 0 M z co N a� J M r 0 0 __ r 0 CL CL 0 cn 06 _ 0 Q CL El Schedule 2 Address Legal Description 2830 N Miami Ave 25 53 41 ST JAMES PK PB 3-65 LOTS 1 & 2 BLK 5 LOT SIZE 91.060 X 125 OR 19405-3107 1299 4 COC 24137-0339 01 20061 2916 NW 291h Street 25 53 41 ST JAMES PK PB 3-65 LOT 3 & LOTS 24-25-26 BLK 4 LOT SIZE IRREGULAR OR 16787-2902 0395 4 2994 N Miami Ave 25 53 41 ST JAMES PK PB 3-65 LOTS 1 & 2 BLK 4 LOT SIZE 92.000 X 125 OR 18955-0115 0100 1 COC 23592-0247 05 2001 1 {38684469;1} w co 0 M z 00 N a� C M J r M P N V O a 87 C O Q Q 7 co ca C O r M v Q Q El of ��C�rIDA �Bppartwnt of #Iat r I certify from the records of this office that 2994 NMA GATEWAY PROPERTIES LLC, is a Delaware limited liability company authorized to transact business in the State of Florida, qualified on March 7, 2016. The document number of this limited liability company is M16000001953. I further certify that said limited liability company has paid all fees due this office through December 31, 2016, and its status is active. I further certify that said limited liability company has not filed a Certificate of Withdrawal. I further certify that this is an electronically transmitted certificate f� authorized by section 15.16, Florida Statutes, and authenticated by the code, 816A00004713 -030816-M16000001953-1/1, noted below. �H,. V� A. SOL Authentication Code: 816A000047.13 -030816-M16000001953-1/1 Given under my hand and the Great Seal of the State of Florida, illahassee, the Capital, this the :h day of March, 2016 VRAII kenT Bet?Gley �QfTQt��t�? State of Florida Department of State I certify from the records of this office that 2994 NMA GATEWAY PROPERTIES LLC is a Delaware limited liability company authorized to transact business in the State of Florida, qualified on March 7, 2016. The document number of this limited liability company is M16000001953. I further certify that said limited liability company has paid all fees due this office through December 31, 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 Twelveth day of July, 2016 Secretary of State Tracking Number: CU2978963336 To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https:Hservices.sunbiz.org/Filings/CertificateOfstatus/CertificateAuth entic atio n POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that 2994 NMA GATEWAY PROPERTIES LLC, a Florida Limited Liability Company, has made, constituted and appointed, and by these presents does make, constitute and appoint STEVEN J. WERNICK the true and lawful attorney for it and in its stead to execute all documents and instruments required with respect to its applications for a Comprehensive Plan Amendment and Rezoning under the requirements of the City of Miami Code of Ordinances and Miami 21 zoning code, submitted to the Office of Hearing Boards, for the property located at 26 NW 30th Street and 28 NW 30th Street, giving and granting unto STEVEN J. WERNICK its said attorney, full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done with respect to the application as fully, to all intents and purposes, as he might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that said attorney or his substitute shall lawfully do or cause to be done by virtue hereof. IN WITNESS WHEREOF, I have hereunto set my/our hand(s) and seal(s) this/25day of `� , 2016. Signed and delivered in the presence of: Witness Signature Witness Name STATE OF/) } SS: COUNTY OF,00�.� Tie foregoing instrument was acknowledged before me this Jl day of 4 by ���� �r+r�C�2G who is personally known to me or who have produced a as identification. NO Y PUBL C Print Name: fG. 1/c� f/ My commission expires: z r JACK G. FRUCHTER Notary Public, State of New York No, 02FR6073524 Ouaiified in Nassau County Commission Expiros April 22, 202 [38565326;1} J July 6, 2016 Inc. City of Miami Hearing Boards Division Planning, Building and Zoning Division 444 SW 2nd Avenue, 7th Floor Miami, Florida 33130 Re: Property Owners List Within 500 feet of: 25 53 41 ST JAMES PK PB 3-65 LOTS 1 THRU 5 & LOTS 24 THRU 26 26-28 NW 30 ST 2916-2994 N MIAMI AVE 16375 N.E. 18" Avenue Suite 300 Miami, FL 33162 (305)757-6884 1500 West Cypress Creek Rd. Suite 409 Ft. Lauderdale, FL 33309 (954) 761-9003 12230 Forest Hill Blvd. Suite 110 -SS Wellington, FL 33414 (561) 798-4423 WWW.FREDIFL.COM This is to certify that the attached ownership list, map and mailing labels are a complete and accurate representation of the real estate property and property owners within 500 feet of the subject property listed above.* This reflects the most current records on file in the Miami -Dade County Tax Assessor's office. Sincerely, M Aw,Ct i � Maureen E. Hudson CC: Erin Sutherland AKERMAN LLP Three Brickell City Centre 98 Southeast Seventh Street Miami, Florida 33131 Number of Labels: 76 *If property is declared to be a Condominium, only the Association is notified. 0131250040080 31 29 ST NE 25 53 41 WESTERN BLVD TRACT PB 1-108 LOTS 16-17 & 18 LOT SIZE 150.000 X 138 0131250040110 29 29 ST NE WESTERN BOULEVARD TRACT PB 1-108 LOT 19 & LOT 20 LOT SIZE 100.000 X 138 0131250040130 2827 MIAMI AVE N WESTERN BOULEVARD TRACT PB 1-108 N65.16FT OF LOT 23 LOT SIZE 65.160 X 50 0131250040140 2817 MIAMI AVE N WESTERN BOULEVARD TRACT PB 1-108 573.01FT OF LOT 23 & S112 LOT 24 LOT SIZE IRREGULAR 0131250040150 10 29 ST NE WESTERN BOULEVARD TRACT PB 1-108 N1/2 LOT 24 LOT SIZE 50.000 X 69 0131250040160 20 29 ST NE 25 53 41 PB 1-108 WESTERN BOULEVARD TRACT LOT 25 LOT SIZE 50.000 X 138 0131250040170 28 29 ST NE WESTERN BOULEVARD TRACT PB 1-108 LOT 26 LOT SIZE 50.000 X 138 0131250040180 40 29 ST NE WESTERN BOULEVARD TRACT PB 1-108 LOTS 27 & 28 LOT SIZE 100.000 X 138 29 NE 29 ST LLC 140 N FEDERAL HWY 200 BOCA RATON, FL 33432 29 NE 29 ST LLC 140 N FEDERAL HWY 200 BOCA RATON, FL 33432 ASSOCIATION FOR THE DEV 2801 N MIAMI AVE MIAMI, FL 33127-3931 ASSOC FOR DEV OF EXCEPTIONAL INC 2801 N MIAMI AVE MIAMI, FL 33127-3931 29 STREET LLC 2135 NW 1ST AVE MIAMI, FL 33127-4903 MIAMI DADE COUNTY ISD R/E MGMT 111 NW IST ST STE 2460 MIAMI, FL 33128-1929 29 STREET WAREHOUSES LLC 167 NW 25TH ST MIAMI, FL 33127-4417 29 STREET WAREHOUSES LLC 167 NW 25TH ST MIAMI, FL 33127-4417 Florida Real Estate Decisions, Inc. Page 1 of 15 0131250040190 29 ST WAREHOUSE LLC 44 29 ST NE 167 NW 25TH ST WESTERN BOULEVARD TRACT PB 1-108 MIAMI, FL 33127-4417 LOT 29 LOT SIZE 50.000 X 138 0131250040200 29 STREET WAREHOUSES LLC 50 29 ST NE 167 NW 25TH ST WESTERN BOULEVARD TRACT PB 1-108 MIAMI, FL 33127-4417 LOTS 30 & 31 LOT SIZE 13800 SQ FT 0131250050350 29 STREET WAREHOUSES LLC 61 28 ST NE 167 NW 25TH ST FLAGLER PK PB 4-89 MIAMI, FL 33127-4417 LOT 63 LOT SIZE 1750 SQUARE FEET 0131250050360 29 ST WAREHOUSES LLC 59 28 ST NE 167 NW 25TH ST FLAGLER PK PB 4-89 MIAMI, FL 33127-4417 LOT 65 LOT SIZE 1750 SQUARE FEET 0131250050380 JAMISON PROPERTIES LLC 37 28 ST NE 790 W 49TH ST FLAGLER PK PB 4-89 MIAMI BEACH, FL 33140-2604 LOTS 67-69 & 71 LOT SIZE 5250 SQ FT 0131250050400 NEWCOMB PROPERTIES #2 LLC 42 28 ST NE 5909 TURIN ST 25 53 41 FLAGLER PARK PB 4-89 CORAL GABLES, FL 33146-3245 LOTS 70-72-74 LOT SIZE 5250 SQUARE FEET 0131250050420 JAMISON PROPERTIES LLC 31 28 ST NE 790 W 49TH ST FLAGLER PK PB 4-89 MIAMI BEACH, FL 33140-2604 LOTS 73-75-77 & 79 LOT SIZE 7000 SQ FT 0131250050430 JUAN PEREZ LE 40 28 ST NE ANA RASA PEREZ LE FLAGLER PK PB 4-89 REM ANA MARIA PEREZ LOT 76 144 NW 30TH ST LOT SIZE 1750 SQUARE FEET MIAMI, FL 33127-3708 Florida Real Estate Decisions, Inc. Page 2 of 15 0131250050440 28 28 ST NE FLAGLER PK PB 4-89 LOTS 78 & 80 LOT SIZE 3500 SQUARE FEET 0131250050450 25 28 ST NE FLAGLER PK PB 4-89 LOT 81 LOT SIZE 1750 SQ FT 0131250050460 24 28 ST NE 25 53 41 FLAGLER PK PB 4-89 LOTS 82 & 84 LOT SIZE 3500 SQUARE FEET 0131250050470 17 28 ST NE 25 53 41 FLAGLER PARK PB 4-89 LOT 83 LESS E11FT & ALL LOTS 85 & 87 LOT SIZE IRREGULAR 0131250050480 21 28 ST NE 25 53 41 FLAGLER PK PB 4-89 E11FT OF LOT 83 LOT SIZE 825 SQ FT 0131250050490 20 28 ST NE 25 53 41 FLAGLER PK PB 4-89 LOTS 86 & 88 LOT SIZE 3500 SQUARE FEET 0131250050510 2811 MIAMI AVE N FLAGLER PK PB 4-89 LOTS 89-91-93 LOT SIZE 5250 SQUARE FEET 0131250060110 37 27 ST NE HALCYON HGTS PB 3-116 LOT 20 LOT SIZE 7000 SQUARE FEET FILIBERTO VAZQUEZ &W NIDIA H 28 NE 28TH ST MIAMI, FL 33137-4411 JUAN PEREZ LE ANA ROSA PEREZ LE REM ANA MARIA PEREZ 144 NW 30TH ST MIAMI, FL 33127-3708 OMM PROJECT INC 8600 NW 53RD TER MIAMI, FL 33166-4536 ASSOC FOR DEV OF EXCEPTIONAL INC 2801 N MIAMI AVE MIAMI, FL 33127-3931 CITY OF MIAMI 444 SW 2ND AVE MIAMI, FL 33130-1910 OMM PROJECT INC 2751 N MIAMI AVE STE 7 MIAMI, FL 33127-4439 ASSOC FOR DEV OF EXCEPTIONAL INC 2801 N MIAMI AVE MIAMI, FL 33127-3931 NEWCOMB PROPERTIES #2 LLC 5909 TURIN ST CORAL GABLES, FL 33146-3245 Florida Real Estate Decisions, Inc. 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Page 14 of 15 0131250780070 BUENA VISTA WEST PB 161-78 T-21737 TR G LOT SIZE 12048 SQ FT 0131250780080 BUENA VISTA WEST PB 161-78 T-21737 TR H LOT SIZE 7136 SQ FT 0131250830001 2700 MIAMI AVE N CYNERGI CONDO DONMOORE VILLA AMD PL PB 6-7 LOTS 1 THRU 5 & LOT 22 THRU 25 LESS R/W BLK 4 AS DESC IN DECL 26384-0586 LOT SIZE 50525 SQ FT 0131250830001 2700 MIAMI AVE N CYNERGI CONDO DONMOORE VILLA AMD PL PB 6-7 LOTS 1 THRU 5 & LOT 22 THRU 25 LESS R/W BLK 4 AS DESC IN DECL 26384-0586 LOT SIZE 50525 -SQ FT 0131250280230 3030 1 AVE NW 25 53 41 ST JAMES PK PB 3-65 S46FT OF N92FT OF LOT 1 & 2 BLK 2 LOT SIZE 46.000 X 105 MIDTOWN OPPORTUNITIES XIB LLC 9100 S DADELAND BLVD STE 1600 MIAMI, FL 33156-7817 MIDTOWN OPPORTUNITIES XIIB LLC 9100 S DADELAND BLVD STE 1600 MIAMI, FL 33156-7817 CYNERGI CONDOMINIUM ASSOCIATION, INC AGI REGISTERED AGENTS, INC. 1000 BRICKELL AVE, STE 300 MIAMI, FL 33131 CYNERGI CONDOMINIUM ASSOCIATION, INC. HUGO AMAYA - OFFICER/DIRECTOR 2700 N MIAMI AVE, STE 208 MIAMI, FL 33127 MANUEL A FIGUEROA NOEMI FIGUEROA 3030 NW 1 AVE MIAMI, FL 33127-3702 Florida Real Estate Decisions, Inc. Page 15 of 15 WG-TR- 9- gg gggg gg 8 8 8 ffi 8 S �1 k0 n13D o o S 0160 D I o 0 024. '9�i"g1 a t A,Iro]ieMb. L 0070 I Y�s I i 1 � o ,D6D e°sJP, old a fen• �, $ ,y • I I 1 0 s $ s FI/4-71. i ,J, os I _ i . 4 c e 4. vl �ml g0650 1 .N 061 le n 0�1 I aaro o7 la f m ]I q) 1 D a l D n fe � m �t0�1011°Jfe I s m eeb 1 4 g 0460 0 60 �' o m R 8, S S 3 $ 6 07'30 6 1--'-' Y---•-'-.-.-.-..,_.. - - lo 3 ] n i 0150 I f I I ! 0oga/D' .�.-.6-181IiI 8 8 8 8' iJ s . s 0020 0oD�n 30gL�-, 4_ i -a.s- i 1.Val, - E y� 1351 r^i 1 aS 120 -1Yf0 i 144W 0 1360 ^N, ,7340- : 1370 o 4401 1 n n a x. a a n�.11 a 1760 > '. 1210 > 380 rll': m W 34TH 5T J.."2:nvl'svt+w'}5.'S^•N+�lFaI.TFNYz1�+4�1'•-.-.-.-•-_-..-.-•-. :[,-r•y,rise.,. � -•-. yF}�, r 6190 ! 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I �A re ��{ Ie •f7 1� (1.0614) ,x i71P 0130 TO IWO h) e) -- 1 fo I I ! 1 I oie i2 ec'lo n a. - -Bt90- ,x i71P 0130 TO IWO h) e) -- 1 fo I I ! 1 I 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: Steven J. Wernick [First Name (Middle) (LastName) HOME ADDRESS: Akerman, LLP CITY: Miami 98 SE 7th Street, Suite 1100 (Address ane 2 STATE: Florida ZIP: 33131 HOME PHONE: (3 0 5) 982-5579 CELL PHONE: EMAIL: steven. werni ck@ake rman. com FAX: (305) 374-5095 BUSSINESS or APPLICANT or ENTITY NAME 2994 NMA Gateway Properties LLC BUSINESS ADDRESS: 28 West 36 Street, 3rd Floor (Address Line New York, NY 10018 (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. Applicant seeking approval for (1) zoning change from T5-0 to T6-8-0 for 26 and 28 NW 30 Street, and (2) future land use designation change from Medium Density Multifamily Resi- denital to General Commercial for 28 NW 30 St. 2. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action? YES 0 NO If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer questions 3,4 & 5 and read and execute the Acknowledgement. Doc. No 86543 3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. Name Address Phone# a. b. C. * Additional names can be placed on a separate page attached to this form. 4. Please describe the nature of the consideration. 5. Describe what is being requested in exchange for the consideration. 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 ord PERSON SUBMITTING DISCLOSURE: Signature Steven J. Wernick Print Name Sworn to and subscribed before me this ILA day of j=A Kj 204_V_. The foregoing instrument was acknowledged before me by-V-e\i'P_V2j /j�t-n 1 [yivho has produced as identification and/or is person ally known to me and who did/did not take an oath. STATE OF FLORIDA'r BLISUINEYM SAI FXPIA CITY OF MIAMI _.. :.: MY COMMISSION 1 FF 91 ES: December 21 MY COMMISSION11 ��„• eonaa�M�Pu�b LW EXPIRES: �o� -Q 1-\ S3\1S ICA lr`� 9D111�12 Print Name Enclosure(s) Doc. No.:85543 Page 2 r M P N V O D C O CL CL n U) 06 0 r �a Q CL El X City of Miami Public School Concurrent Concurrency Management System Entered Requirements Pubic Hearing Applicant Fields Information Application Type Pubic Hearing Application Sub -Type Zoning Application Name 26 NW 30 St and 28 NW 30 St Rezoning Application Phone * 306-982-5579 Application Email * steven.wernick@akerman.com Application Address * 26-28 NW 30 Street, Miami, FL 33127 Contact Fields Information Contact Name * Steven J. Wernick Contact Phone * 305-982-5579 Contact Email * steven.wemick@akerman.com Local Govt. Name City of Miami Local Govt. Phone 305-416-1400 Local Govt. Email nfirremandezMmiamicov.com; ilisc miami ov.com Local Govt. App. Number t4FFIcmt. USE ONLY) Property Fields Information Master Folio Number " 01-3125-028-0651; 01-3125-028-0660 Additional Folio Number Total Acreage * 0.32 Proposed Land UselZonin * T6-8 Single -Family Detached Units * 0 Single -Family Attached Units (Duplex) * 0 Multi -Family Units * 48 Total # of Units * 48 Redevelopment Information (MUSPs) - 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 to be re -platted as deemed by the Total government. The number of units to be Input Into the CMS is the net difference belvreen the existing vested number of unfts and the newly proposed number of units. Example: an existing 20 -unit structure wolf be tom down for redevelopment. The newly proposed development calls for 40 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 Steven J. Werntek 0wner(s)IAttorneylApphcant Name Owner(syAttorneylApplicant Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE he oregoing %vas a wl ed bore me this { day of 1A 20,by who is a(n) individuallpartnerlagent/corporation or ) individuaUpsrtnership!corporation. He/She is personally known to me w o Nas pro uced as identification and who did (did not) take an oath, (Stamp)...... :y - BIJSLAINEY M, SAINT MY COMMISSION # FF 919693 + tj, EXPIRES: December 21,2019 Ar ° ' Handed Thru Notary Public Undonmritars *' City of Miami } Public School Concurrency Application Type Concurrency Management System Entered Requirements Applicant Fields Information Application Type Public Hearing Application Sub -Type Land Use Application Name * 28 NW 30 St Future Land Use Change Application Phone 305-982-5579 Application Email steven.wernick@akerman.com Application Address * 28 NW 30 Street, Miami, FL 33127 Contact Fields Information Contact Name * Steven J. Wemick Contact Phone "` 305-982-5579 Contact Email * steven.wernick@akerman.com Local Govt. Name City of Miami Local Govt. Phone 305-416-1400 Local Govt. Email mirfernandcz(s%miamigay.com; ellis2111iami ov.com Local Govt. App. Number (OFFICIAL USE ONLY) Property Fields Information Master Folio Number * 01-3125-028-0660 Additional Folio Number Total Acreage 0.16 Proposed Land Use/Zoning '` General Commercial Sin te-Family Detached Units * 0 Single -Family Attached Units (Duplex) '` 0 Multi -Family Units 8 Total # of Units 8 Redevelopment information (MUSPs) - 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 to he re-ptalted 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 calls for 40 Iota; units. Local govemmen! shall input 20 units in the CMS (net diNerence between the 20 units vested less the newly proposed d urdls). Required Fields for Application ' Steven J. Wernick Owner(s)/Attomey/Applicant Name 0%vner(s)/Attorney/Applicant Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE e foregoing o I d before me d fI� 1� 20 , by who is a(n) lndividuaUpartner/agent/corporation of ay.Q n) individual/partnership/corporation. Hc/She is rsonall knowntom or w o has pro aced as identification and who did (did not) take an oath. (Stamp) BUSLAINEYM.SAINZ *i ;r MY COMMISSION # FF 919693 EXPIRES: December 21, 2019 (r Bonded Thru Notary public Underwriters Dear Constituent: Welcome to the City of Miami! This package is intended to provide you with all open Code Enforcement violations and liens attached to the subject property, or properties, as of the current date and time the followincLreport was created. Closed violations and future violations are not included. A violation may become a lien when the property owner does not timely remedy the violation. This report may include two types of liens: Certified liens and non -certified liens. Certified liens have a set amount to be paid. Conversely, most non -certified liens continue to accrue interest or a per diem fine; therefore, those liens must be satisfied with the City as quickly as possible. All outstanding violations and liens must be satisfactorily resolved before the City can issue a Certificate of Use (CU); however, the City inspects all properties prior to the issuance of a CU and those inspections may yield additional items, which must be addressed by the owner at the property prior to issuance of a CU. This search does not include encumbrances, other liens, restrictions or the like, recorded in the Public Records of Miami -Dade County, Florida. Please contact Miami -Dade County for the aforementioned items. Code Violation/Lien Inquiry Letter Page 1 of 5 Erin Sutherland 98 SE 7 Street Miami FL 33131 City of Miami pyQ'�ui::: nP`w FC[7y Y V� Property Search Notice 07/11/2016 Per your request (copy attached), the undersigned has searched the records of the Director of Finance in and for the City of Miami, Florida, for any liens and other fees outstanding against the following described property as of: 07/11/2016. The result is valid up to 30 days from the processing date. In addition, due to daily penalty and interest calculations, the amount shown is subject to change as reflected below. Folio Number: Property Address: Legal Description: Amount Payable On: 01-3125-028-0660 28 NW 30 ST 25 53 41 ST JAMES PK PB 3-65 LOT 5 BLK 4 LOT SIZE 50.000 X 138 OR 13632-1756 0288 4 07/10/2016 to 08/10/2016 0.00 This notice does not include liens imposed by federal, state, county or City agencies or boards or any other liens recorded in the public records of Miami -Dade County. Jose M. Fernandez Finance Director To ensure proper credit of your payment, include a copy of all pages of the property search findings along with your payment and mail to: City of Miami, Treasury Management/Payment Processing, 444 SW 2nd Avenue, 6th Floor, Room 636-1, Miami, FL 33130. If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 2 of 5 Erin Sutherland 98 SE 7 Street Miami FL 33131 Folio Number: Property Address: Legal Description: Lien No. (Case Number) City of Miami LSC\ UF' •fY J� i 17 � f►.T.�IY.%�IZif11] 28 NW 30 ST 25 53 41 ST JAMES PK PB 3-65 LOT 5 BLK 4 LOT SIZE 50.000 X 138 OR 13632-1756 0288 4 Property Search Findings - Pending Liens Description If you have any questions, please call (305) 416-1570. Please retain this page for your records. 07/11/2016 Address Page 3 of 5 City of Miami LSC\ UF' •fY J� i Erin Sutherland 98 SE 7 Street Miami FL 33131 07/11/2016 Folio Number: 01-3125-028-0660 Property Address: 28 NW 30 ST Legal Description: 25 53 41 ST JAMES PK PB 3-65 LOT 5 BLK 4 LOT SIZE 50.000 X 138 OR 13632-1756 0288 4 Property Search Findings - Open Invoices Invoice Reference No. Lien No. Description Amount Due Sub -Total 0.00 If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 4 of 5 OF C o, F tiv�Q Folio Number: Violations Detail Report 01-3125-028-0660 NO OPEN VIOLATIONS FOUND. Page 5 of 5 Dear Constituent: Welcome to the City of Miami! This package is intended to provide you with all open Code Enforcement violations and liens attached to the subject property, or properties, as of the current date and time the followincLreport was created. Closed violations and future violations are not included. A violation may become a lien when the property owner does not timely remedy the violation. This report may include two types of liens: Certified liens and non -certified liens. Certified liens have a set amount to be paid. Conversely, most non -certified liens continue to accrue interest or a per diem fine; therefore, those liens must be satisfied with the City as quickly as possible. All outstanding violations and liens must be satisfactorily resolved before the City can issue a Certificate of Use (CU); however, the City inspects all properties prior to the issuance of a CU and those inspections may yield additional items, which must be addressed by the owner at the property prior to issuance of a CU. This search does not include encumbrances, other liens, restrictions or the like, recorded in the Public Records of Miami -Dade County, Florida. Please contact Miami -Dade County for the aforementioned items. Code Violation/Lien Inquiry Letter Page 1 of 5 Erin Sutherland 98 SE 7 St Miami FL 33131 City of Miami pyQ'�ui::: nP`w FC[7y Y V� Property Search Notice 07/11/2016 Per your request (copy attached), the undersigned has searched the records of the Director of Finance in and for the City of Miami, Florida, for any liens and other fees outstanding against the following described property as of: 07/11/2016. The result is valid up to 30 days from the processing date. In addition, due to daily penalty and interest calculations, the amount shown is subject to change as reflected below. Folio Number: Property Address: Legal Description: Amount Payable On: 01-3125-028-0651 26 NW 30 ST 25 53 41 ST JAMES PK PB 3-65 LOT 4 BLK 4 LOT SIZE 50.000 X 138 OR 18352-3905 0998 1 COC 22659-079108 2004 1 07/10/2016 to 08/10/2016 0.00 This notice does not include liens imposed by federal, state, county or City agencies or boards or any other liens recorded in the public records of Miami -Dade County. Jose M. Fernandez Finance Director To ensure proper credit of your payment, include a copy of all pages of the property search findings along with your payment and mail to: City of Miami, Treasury Management/Payment Processing, 444 SW 2nd Avenue, 6th Floor, Room 636-1, Miami, FL 33130. If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 2 of 5 Erin Sutherland 98 SE 7 St Miami FL 33131 Folio Number: Property Address: Legal Description: Lien No. (Case Number) City of Miami LSC\ UF' •fY J� i 17wf►.TOUP .1S1141I 26 NW 30 ST 25 53 41 ST JAMES PK PB 3-65 LOT 4 BLK 4 LOT SIZE 50.000 X 138 OR 18352-3905 0998 1 COC 22659-079108 2004 1 Property Search Findings - Pending Liens Description If you have any questions, please call (305) 416-1570. Please retain this page for your records. 07/11/2016 Address Page 3 of 5 City of Miami LSC\ UF' •fY J� i Erin Sutherland 98 SE 7 St Miami FL 33131 07/11/2016 Folio Number: 01-3125-028-0651 Property Address: 26 NW 30 ST Legal Description: 25 53 41 ST JAMES PK PB 3-65 LOT 4 BLK 4 LOT SIZE 50.000 X 138 OR 18352-3905 0998 1 COC 22659-0791 08 2004 1 Property Search Findings - Open Invoices Invoice Reference No. Lien No. Description Amount Due Sub -Total 0.00 If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 4 of 5 OF C o, F tiv�Q Folio Number: Violations Detail Report 01-3125-028-0651 NO OPEN VIOLATIONS FOUND. Page 5 of 5 CITY COMMISSION FACT SHEET File ID: (ID # 1315) Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 26 NORTHWEST 30 STREET AND 28 NORTHWEST 30 STREET, MIAMI, FLORIDA FROM "75-0", URBAN CENTER TRANSECT ZONE -OPEN, TO 76-8-0", URBAN CORE TRANSECT ZONE -OPEN; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: 26 NW 3011 Street and 28 NW 3011 Street [Commissioner Keon Hardemon- District 5] APPLICANT(S): Steven J. Wernick on behalf of 2994 NMA Gateway Properties LLC. PURPOSE: The applicant is seeking approval for the zoning change of two parcels from "T5-0" Urban Center Transect Zone to "T6-8-0" Urban Core Transect Zone. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Recommended denial on October 19, 2016, by a vote of 5-3. CITY COMMISSION: First Reading scheduled for December 8, 2016. City of Miami Legislation Ordinance File Number: 1315 City Hall 3500 Pan Ameican Drive Miami, FL 33133 www.miamigov.com Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 26 NORTHWEST 30 STREET AND 28 NORTHWEST 30 STREET, MIAMI, FLORIDA FROM "75-0", URBAN CENTER TRANSECT ZONE -OPEN, TO 176-8- 0", URBAN CORE TRANSECT ZONE -OPEN; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on October 19, 2016, following an advertised public hearing, adopted Resolution No. PZAB-R-16- 070 by a vote of five to three (5-3), Item No.PZAB.3, recommending DENIAL of the Zoning Change as set forth herein; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami ("City") and its inhabitants to grant this change of zoning classification as set forth herein; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Zoning Atlas of Ordinance No. 13114, as amended, is further amended by changing the zoning classification from "75-0", Urban Center Transect Zone - Open, to 76-8-0", Urban Core Transect Zone -Open, for the properties located at approximately 26 and 28 Northwest 30th Street, Miami, Florida, as described in "Exhibit A", attached and incorporated. Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Miami 21 Code, the Zoning Ordinance of the City of Miami, Florida, as amended, which provisions may be renumbered or relettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 5. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof, pursuant and subject to Section 163.3187(5)(c), Florida Statutes.' APPROVED AS TO FORM AND CORRECTNESS: ' This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. ria ndez, Cify Attor iey 11/21/2016 EXHIBIT LEGAL DESCRIPTION: FOLIO: 01-3125-028-0651 / 01-3125-028-0660 LOTS 4 AND 5, BLOCK 4, OF SAINT JAMES PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3 AT PAGE 65, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ALSO KNOWN AS LOTS 4 AND 5, BLOCK 4, OF AMENDED PLAT OF SAINT JAMES PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4 AT PAGE 41, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. Page 2 of 2 Miami Planning, Zoning and Appeals Board Resolution: PZAB-R-16-070 File ID 1164 October 19, 2016 Item PZAB.3 Ms. Maria Beatriz Gutierrez offered the following resolution and moved its adoption: A RESOLUTION OF THE MIAMI PLANNING, ZONING, AND APPEALS BOARD RECOMMENDING DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 26 NORTHWEST 30 STREET AND 28 NORTHWEST 30 STREET, MIAMI, FLORIDA FROM T5-0 (URBAN CENTER) TO T6-8-0 (URBAN CORE); MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Upon being seconded by Mr. Daniel Milian the motion passed and was adopted by a vote of 5- 3: Ms. Jennifer Ocana Barnes Mr. Chris Collins Ms. Maria Lievano-Cruz Mr. Charles A. Garavaglia Mr. Adam Gersten Ms. Maria Beatriz Gutierrez Mr. Daniel Milian Mr. Juvenal Pina Ms. Melody L. Torrens Mr. Manuel J. Vadillo Francico Garcia, Director Planni g -and Zoning Department STATE OF FLORIDA COUNTY OF MIAMI-DADE No No Absent Yes No Yes Yes Absent Yes Yes " 0 A 1('41 Execution bate Personally appeared before me, the undersigned authority, Olga Zamora, Clerk of the Planning, Zoning and Appeals Board of the City of Miami, Florida, and acknowledges that he executed the foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS 24_ DAY OF CC4, 2016. ' 'rtn2 AVCe -')_ qDLQ� Print Notary Name No ary Public State of Florida Personally know 11_ or Produced I.D. Type and number of 1. D. produced Did take an oath or Did not take an oath Page 1 of 2 My Commission Expires: BEA'MizALVAREZ ii MY COMMISSION # FF 071860 EXPOES: Novernbe 21117 4F•iili:l` :PLy ThW Notary PubkU d EXHIBIT LEGAL DESCRIPTION: FOLIO: 01-3125-028-0651 / 01-3125-028-0660 LOTS 4 AND 5, BLOCK 4, OF SAINT JAMES PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3 AT PAGE 65, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ALSO KNOWN AS LOTS 4 AND 5, BLOCK 4, OF AMENDED PLAT OF SAINT JAMES PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4 AT PAGE 41, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. Page 2 of 2 FZ A,6 DRAFT This instrument prepared by, and when recorded return to: Nicholas J. Barshel, Esq. Akerman LLP CO 98 SE 7th Street, Suite 1100 0 M Miami, FL 33131 Z 0 N (Space Above For Recorder's Use Only) 06 U) 0 DECLARATION OF RESTRICTIVE COVENANTS Z THIS DECLARATION OF RESTRICTIONS (this "Declaration") is made this day of _ N 2016, by 2994 NMA GATEWAY PROPERTIES LLC, a Florida limited liability ' company (hereinafter, the "Owner"), in favor of the City of Miami, Florida, a municipality located within the State of Florida (the "C") (collectively, the "Parties"). o N d WITNESSETH: ul WHEREAS, the Owner holds fee simple title to that certain property located at 28 NW 30th i Street, Miami, Florida ("West Parcel") and 26 NW 30th Street, Miami, Florida ("East Parcel") (collectively the "PropertX"), as more specifically described in Exhibit "A"; and m WHEREAS, the Owner has filed an application to amend the Atlas of the City of Miami Zoning Code ("Miami 21 Code") to change the zoning classification of the Property from T5-0 to T6-8-0; and WHEREAS, the Property is adjacent to parcels with a zoning classification of T6-8-0 that are within the Neighborhood Revitalization District NRD-1 overlay, as depicted on the Miami 21 Zoning Atlas, and said parcels are under contiguous ownership with the Property by the Owner; and WHEREAS, Article 5.6 of the Miami 21 Code establishes certain development standards within the T6-8-0 transect zone, including setbacks from principal and secondary frontages, side setbacks, and building height, as defined under the Miami 21 Code; and WHEREAS, the Owner desires to ensure that the future development of the Property is consistent with both the current and future conditions of the surrounding neighborhood, and properly transitions between the commercial and residential components of this area; and WHEREAS, the City of Miami City Commission has reviewed the application for amendment to the Atlas of the Miami 21 Code and determined the application to be consistent with the criteria contained in Article 7.1.2.8; and WHEREAS, the City Commission of the City of Miami, approved the zoning amendment pursuant to Ordinance No. , adopted on and attached hereto and made a part hereof as Exhibit "B". NOW THEREFORE, the Owner, in order to assure the City that the representations made at the public hearing will be abided by the Owner, and its successors or assigns, freely, voluntarily and without duress makes the following covenants covering and running with the Property: {39300746;2} DRAFT 1. Recitals. The foregoing recitals are true and correct and incorporated herein by reference. 2. Covenant Against the Property. The Owner hereby declares that: a) Maximum Height on West Parcel. Any future building, or portion of a building, constructed on the West Parcel shall be no greater than eight (8) Stories in Height, as defined in the Miami 21 Code ("Height"); and b) Other Requirements. All setback, height, and other lot development standards applicable under the Miami 21 Code shall also apply to any building constructed on the Property. Any development of the Property shall be reviewed by the Wynwood Design Review Committee (WDRC), as provided for by Chapter 2 of the City Code. _ In the event the Miami 21 Code is amended to permit the property directly abutting the western boundary of West Parcel to exceed five (5) Stories in Height by Right or through the use of the public benefits program or other provision of the Miami 21 Code, the purpose of this Declaration shall no longer exist and the City shall, at Owner's request, agree to a release of this Declaration, consistent with the procedures set forth in Section 6 herein. 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. 4. Term of Covenant. This Declaration 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 by such amendment, modification, or release and the City with the approval by the 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 Declaration 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. {39300746;2} DRAFT 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 Zoning Administrator at 444 SW 2"d Avenue, 4th Floor, Miami, Fl., 33130-1910 within thirty (30) days of recordation. co0 M IN WITNESS WHEREOF, the Owner has set his hand and seal effective of the date first above z written. 00 2994 NMA GATEWAY PROPERTIES LLC, a Florida limited liability company WITNESSES: By: Print Name: Name: Title: Print Name: STATE OF COUNTY OF The foregoing instrument was executed, acknowledged and delivered before me this day of , 2016, by , as of 2994 NMA GATEWAY PROPERTIES LLC, a Florida limited liability company, on behalf of the company. He/She is personally known to me or has produced as identification. (Official Seal) {39300746;2} Name: Notary Public, State of Florida My Commission Number: My Commission Expires: N 0 U) 0 M z - - - N al C C 0 N a� ul M DRAFT Exhibit "A" Legal Description 0 M West Parcel z Lot 5 of AMENDED PLAT OF ST. JAMES PARK SUBDIVISION, N according to the Plat thereof, as recorded in Plat Book 4, at Page 41, of the06 Public Records of Miami -Dade County, Florida. U) 0 M Address: 28 NW 30th Street; Folio No. 01-3125-028-0660 z to N M C East Parcel C 0 N d Lot 4 of AMENDED PLAT OF ST. JAMES PARK SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 4, at Page 41, of the Public Records of Miami -Dade County, Florida. r Address: 26 NW 301h Street; Folio No. 01-3125-028-0651 Q {39300746;21 Exhibit "B" Ordinance No. [See Attached] {39300746;2} DRAFT Co 0 M z CoN 06 U O M z toN al C O N d r M T • " f City of Miami Planning and Zoning Department Division of Land Development ANALYSIS FOR Change of Zoning PROJECT ADDRESS: 26 and 28 NW 30 ST FILE ID: 16-01017zc APPLICANT: Steven J. Wernick on behalf of 2994 NMA Gateway LLC COMMISSION DISTRICT: District 5 ZONING DESIGNATION: T5-0 REQUEST NET OFFICE: WynwoodlEdgewater Pursuant to Article 5 and Article 7, Section 7.1.2.8 of Ordinance 13114, as amended, the applicant is requesting a change of zoning for two (2) parcels (26 and 28 NW 30t' Street) along the south side of NE 30'h Street between N Miami Avenue and NW 1st Avenue. The proposed change of zoning for these parcels is from T5-0 (Urban Center Transect Zone Open) to T6-8-0 (Urban Core Transect Zone Open). (Complete legal description is on file with the Hearing Boards Section). BACKGROUND The applicant's assemblage consists of two (2) parcels totaling approximately 0.32 acres. The subject site is located on the south side of NW 30 ST, on a block bounded by NW 30 ST on the north, N Miami AV on the east, NW 29 ST on the south, and NW 1 AV on the west. Subject site outlined in red above. There are two higher density and intensity activity centers that concern this area, one to the east, Midtown Miami, and one to the south, the NRD-1. Midtown Miami is zoned T6 -24A-0 and the NRD-1 is zoned a combination of D1, T5-0, and T6-8-0. The area proposed to be rezoned is located within the Wynwood/Edgewater NET area, and Commission District 5. Most of the surrounding area is fully developed. EXISTING NEIGHBORHOOD CHARACTERISTICS: FUTURE LAND USE DESIGNATION Subject Properties: Medium Density Multifamily Residential/ General Commercial Maximum of 65/150 D.U. per acre Surrounding Properties NORTH: Medium Density Multifamily Residential Maximum of 65 D.U. per acre SOUTH: General Commercial Maximum of 150 D.U. per acre EAST: General Commercial Maximum of 150 D.U. per acre WEST: Medium Density Multifamily Residential Maximum of 65 D.U. per acre ZONING Subiect Properties: T5-0 (Urban Center Transect T4 -R (General Urban Transect - Restricted) T6-8-0/NRD-1 (Urban Core Transect Open / Neighborhood Revitalization District) T6-8-0/NRD-1 (Urban Core Transect Open / Neighborhood Revitalization District) T5-0 (Urban Center Transect Zone - Open) File Id_ 16-01017ZC Page 2 of 6 MIAMI 21 (EXISTING) 16-01017zc ADDRESS 26 & 28 HW 30 ST 1DO 2W 400 Feet File Id. 16-01017ZC Page 3 of 6 ANALYSIS Following the above referenced "Background", this proposal for rezoning is taking into consideration criteria set forth in Article 7, Section 7.1.2.8 (a)(3) & (f)(2) of Miami 21: A change may be made only to the next intense Transect Zone or by a Special Area Plan, and in a manner which maintains the goals of the Miami 21 Code to preserve Neighborhoods and to provide transitions in intensity and building heights. As Miami 21 was applied retroactively, this desirable and aspirational transition in intensity and building heights is not found in every location. This particular area has this ideal transition from T- 8-0 on the corner of the block and down the corridors, to an area of T5-0 one parcel deep, to an area of T4 -R that is one parcel deep, to a large area of T3-0 representing an established duplex neighborhood. In this area, T6-8-0 is a corridor designation, lining major thoroughfares throughout the city. When the NRD-1 was implemented, this intent was reinforced by applying the T6-8-0 to Miami Avenue and NW 29th Street, generally at the depth of one parcel. This proposed zoning change is intended to accommodate an office building, although there would be in increase in residential density from 65 du/a to 150 du/a. This requested rezoning is successional as required by Article 7, Section 7.1.2.8 (a) 3, and an extension of an existing transect zone. However, after analyzing the site conditions and surrounding context, the T6-8-0 requested and the abutting T6-8-0 within the NRD-1 are radically different. T6-8-0 within the NRD-1 is not governed by FLR, rather it is governed by lot coverage and floorplate restrictions above the 8th story. T6-8-0 outside the NRD-1 is governed by FLR. The by right FLR of 5 provided to T6-8-0 provides for 6.25 stories of development at 80% lot coverage, and the bonus FLR of 6.25 provides for 7.8 stories of development at 80% lot coverage, which is not a substantial increase in entitlements over T5-0. However, future development would be allowed to distribute that FLR into any building form up to 12 stories, which represents a substantial potential imposition of height on the T4-1- properties across from the subject site on NW 30t" Street. Planning considers the benefit to future development on the site to be outweighed by the potential imposition of height on the abutting properties, and disruption of the existing desirable transition in density, intensity, and height in the area. Criteria 1 The City's growth and evolution over time will inevitably require Sec. 7.1.2.8 (a). changes to the boundaries of certain Transect Zones. These changes shall occur successionally, in which the zoning change may be made only to a lesser Transect Zone; within the same Transect Zone to a greater or lesser intensity; or to the next higher Transect Zone, or through a Special Area Plan. Analysis of The proposed change is to the next intensity Transect Zone. Criteria 1 File Id. 16-01017ZC Page 4 of 6 Finding 1 The request is consistent with the Miami 21 Code requirements for rezoning set on Sec. 7.1.2.8 (a) as the change will only increase intensity of the permitted uses and scale to the next transect zone. Criteria 2 Except where the proposal for the rezoning of property involves an Sec.7.1.2.8 (c)(1) extension of an existing Transect boundary, no rezoning of land shall be considered which involves less than forty thousand (40,000) square feet of land area or two hundred (200) feet of street Frontage on one (1) street. Analysis of The proposal of the rezoning involves the extension of an existing Criteria 2 T6-8-0 Transect Zone located east to the subject property. Finding 2 The request is consistent with the Miami 21 Code requirements for rezoning set on Sec.7.1.2.8 (c)(1). Criteria 3 For rezoning: A change may be made only to the next intensity Sec.7.1.2.8 (f)(2) Transect Zone or by a Special Area Plan, and in a manner which maintains the goals of this Miami 21 Code to preserve Neighborhoods and to provide transitions in intensity and Building Height. Analysis of The proposed change is to the next intensity Transect Zone. Criteria 3 Finding 3 The request is inconsistent with the Miami 21 Code requirements for rezoning set on Sec. 7.1.2.8 (f)(2), as it disrupts an existing, ideal transition in intensity and building heights. File Id. 16-01017ZC Page 5 of 6 4-R 30TH ST Existing zoning, site is outlined in heavy black RECOMMENDATION tT4-R 30TH Proposed zoning, site is outlined in heavy black Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114, as amended and the aforementioned findings, the Planning & Zoning Department recommends denial of the proposed zoning change of the properties located at 26 and 28 NW 30 St. from T5-0 to T6-8-0 as presented. Jacquelihe RIlfs/ Acting Chief of Land Development 4 J. Eisenberg File Id. 16-01017ZC Page 6 of 6 CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT Proposal No. 16-01017lu IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP Date: 9/21/2016 WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION CONCURRENCY ANALYSIS Applicant: 2994 NMA Gateway Properties LLC represented by Steven J Wernick RECREATION AND OPEN SPACE Address: 28 NW 30 ST Population Increment, Residents 33 Space Requirement, .0013acres/resident 0.04 Boundary Streets: North: NW 30 ST East: N MIAMI AV Excess Capacity Before Change 182.80 South: NW 29 ST West: NW 1 AV Excess Capacity After Change 182.76 Proposed Change: From: Medium Density Multifamily Residential Concurrency Checkoff OK To: General Commercial Existing Designation, Maximum Land Use Intensity POTABLE WATER TRANSMISSION Residential 0.1500 acres @ 65 DU/acre 10 DU's Population Increment, Residents 33 Peak Hour Person -Trip Generation, Residential 6 Transmission Requirement, 155g/r/d 5,079 Other sq.ft. @ FLR 0 sq.ft. Excess Capacity Before Change >2% above demand Peak Hour Person -Trip Generation, Other Excess Capacity After Change >2% above demand Concurrency Checkoff OK Proposed Designation, Maximum Land Use Intensity Residential 0.1500 acres @ 150 DU/acre 23 DU's SANITARY SEWER TRANSMISSION Peak Hour Person -Trip Generation, Residential 12 Population Increment, Residents 33 Other sq.ft. @ FLR 0 sq.ft. Transmission Requirement, 141g/r/d 4,620 Peak Hour Person -Trip Generation, Other 0 Excess Capacity Before Change See Note 1. Excess Capacity After Change See Note 1. Net Increment With Proposed Change: Concurrency Checkoff WASA Permit Required Population 33 Dwelling Units 13 STORM SEWER CAPACITY Peak Hour Person -Trips 6 Exfiltration System Before Change On-site Exfiltration System After Change On-site Planning District 1/Edgewater Concurrency Checkoff OK County Wastewater Collection Zone 308 Drainage Subcatchment Basin H2 SOLID WASTE COLLECTION Solid Waste Collection Route 114 Population Increment, Residents 33 Transportation Corridor Name N Miami Av Solid Waste Generation, 1.28tons/resident/yl 42 Excess Capacity Before Change 800 RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Excess Capacity After Change 758 Concurrency Checkoff OK Land Use Goal LU -1 (See attachment 1) Land Use Objective LU -1.1 TRAFFIC CIRCULATION Land Use Policy 1.1.1 Population Increment, Residents 33 Capital Improvements Goal CI -1 Peak -Hour Person -Trip Generation 6 Capital Improvements Objective CI -1.2 LOS Before Change C Capital Improvements Policy 1.2.3 a - g LOS After Change C Concurrency Checkoff OK NOTES: Permit for sanitary sewer connection must be issued by Miami -Dade Water and Sewer Authority Department (WASA) Excess capacity, if any, is currently not known. "Medium Density Multifamily Residential" allows residential structures to a maximum density of 65 dwelling units per acre, subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements. Supporting services such as community-based residential facilities (14 clients or less, not including drug, alcohol or correctional rehabilitation facilities) will be allowed pursuant to applicable state law; community- based residential facilities (15-50 clients) and day care centers for children and adults may be permissible in suitable locations. Permissible uses within medium density multifamily areas also include commercial activities that are intended to serve the retailing and personal services needs of the building or building complex, small scale limited commercial uses as accessory uses, subject to the detailed provisions of applicable land development regulations and the maintenance of required levels of service for such uses, places of worship, primary and secondary schools, and accessory post -secondary educational facilities. Professional offices, tourist and guest homes, museums, and private clubs or lodges are allowed only in contributing structures within historic sites or historic districts that have been designated by the Historical and Environmental Preservation Board and are in suitable locations within medium density multifamily residential areas, pursuant to applicable land development regulations and the maintenance of required levels of service for such uses. Density and intensity limitations for said uses shall be restricted to those of the contributing structure(s). "General Commercial" allows all activities included in the "Restricted Commercial" designations, as well as wholesaling and distribution activities that generally serve the needs of other businesses; generally require on and off loading facilities; and benefit from close proximity to industrial areas. These commercial activities include retailing of second hand items, automotive repair services, new and used vehicle sales, parking lots and garages, heavy equipment sales and service, building material sales and storage, wholesaling, warehousing, distribution and transport related services, light manufacturing and assembly and other activities whose scale of operation and land use impacts are similar to those uses described above. Multifamily residential structures of a density equal to High Density Multifamily Residential, are allowed subject to the detailed provisions of the applicable land development regulations. ASSUMPTIONS AND COMMENTS Population increment is assumed to be all new residents. Peak -period trip generation is based on ITE Trip Generation, 5th Edition at 1.4 ppv average occupancy for private passenger vehicles. Transportation Corridor capacities and LOS are from Table PT-2(Rl), Transportation Corridors report. Potable water and wastewater transmission capacities are in accordance with Miami -Dade Cni inty ctntP l ranaritiac anri — aca ri rnrrPrt Sarvira rnnnPrtinnc to wntar and mwar mainc — n—imPri to ha of ariani intP cis if not —wrnn—tinnc nrP to ha inctn llPri nt nwnar'c T6 -24A -O Tl5 O �M T5 -O 0 T6 f -0 T6 -24A -O Tl5 O AERIAL 16-01017lu/zc 0 85 170 340 Feet N A JPR: oil l ;xt fl I lit r,, Mim-UM1 _ L4 N E'31 ST ST � _ o M it P Z 0 (V 06 r� O M r z K MNMffNMEp,2M9Th 1 110111 t - NE',28TF r jIGgeI be Geo,Eye,-Earthstar Geographic: G -tmp*ing,,Aerogrid, I '1111 swis (n Q ca 06 N cC a o M r LL Y or E a) Mill ADDRESS: 26 & 28 NW 3C 7/25/2016 City of Miami Zoning Application Click to Print This Page �54Y, 4f"`�,� City of Miami s Planning d Zoning Miami 21 Zoning(Current): Existing and Use Zone: Description: Enactment: LU Code: Description: Description: r5 -O jUrban Center Zone 13114 Areas of Specific Designation: 650 Parking -Public and Private Garages and Lots TRANSPORTATION COMMUNICATION, AND UTILITIES Section: Description: Enactment: 101 1 Special Area Planning: Future Land Use Section: Description: Enactment: FLU Description: Description: Code: Vone Established Setbacks: 9 General Com, General Commercial District Information: Section: Description: Area: Sub: Vone City Commissioner District: 5 Former 11000(Not Valid): City Commissioner: Keon Hardemon Zone: Descri tion: Enactment: NET ID: 10 -2 Liberal Commercial 112792 NET Name: WYNWOODIEDGEWATE Fourier Overlay Districts: NET Phone: 305) 960-2904 Section: Description: Enactment: Code Enforcement District: 2 Vone 4 BLK 4 LOT SIZE 50.000 X 138 OR Legal 18352-3905 0998 1 COC 22659-0791 Code Enforcement Admin: MARIA TOVAR 08 2004 1 Code Enforcement Phone: (305) 329-4800 Flood Zone: IDescription:AREAS LOCATED OUTSIDE ISPECIAL FLOOD HAZARD AREA Property Information: Folio: 0131250280651 City Address: 26 NW 30 ST 1�1 County 26 NW 30 ST y Address: 2994 NMA GATEWAY Owner: PROPERTIES LLC 28 W 36 ST 3RD FLOOR Mailing Address: NEW YORK, NY 10018 Beds/Baths/Half: 01010 . _. Floors: 0 0 I c0) Living Units: Actual Area: 0 Sq Ft { Living Area: 0 Sq Ft _ z i Adjusted Area: 0 Sq Ft c1 Lot Size: 6,900 06 Year Built: 0 U) 25 53 41 ST JAMES PK PB 3-65 LOT O M 4 BLK 4 LOT SIZE 50.000 X 138 OR Legal 18352-3905 0998 1 COC 22659-0791 Description: 08 2004 1 Z Subdivision: IST JAMES PARK (14 Assessment Information: _ Year: 2016_ 2015 2014 'C I Land Value: $828,000 $414,000 $207,000 N y Building Value:.w $0 $0 $0 XF Value: $2,304 $2,328 $2,352 Market value: $830,304 $416,328 $209,352 rt) a Assessed Value: $65,368 $59,426 $54,024 Sales Information: = 'I Year: 2016032 11 9 20040801 19980901 Q. Sale Amount: $6,500,000 1$160,000 1$57,DDO Sale OIR: 30018-0162 22659-0791 18352-3905 Homestead Information: N Year: 12016 12015 12014 .I Homestead: $0 $0 $0 Second Homestead: $0 $0 $0 = + Q Alternate Addresses: t 26 112 AdW 30 ST — M Historic & Environmental Preservation: Type: Flag Present: � I Scenic Transp.: No r Historic Sites: No No No = a) csi t Arch. Zones: Env, Preserv: Historic District: No r Arch. Conserv: No Q http:llmaps.miamigov.cominiamizcdng1printpage.htm?id=0131250280651&map ags pOd9Od9Wl7441181ab956862e5ec9a.jpg&Uile=test 111 7/25/2016 City of Miami Zoning Application Click to Print This Page l ,.�,;u. City of Miami - Planning and Zoning Description: AREAS LOCATED OUTSIDE SPECIAL FLOOD HAZARD AREA http:llmaps.miamigovcom/miamizoninglprintpage.htm?id=0131250280660&map= ags 273006MOcMD3b8Oe4fc336958db52.jpg&title=test 1/1 Oxy, Property Information: s - Folio: 0131250280660 Cit Address; 28 NW 30 ST County 28 NW 30 ST Address; Owner: 2994 NMA GATEWAY PROPERTIES LLC i Mailing Address: 28 W 36 ST 3RD FLOOR NEW YORK, NY 10018 BedslBathslHaif: 0/O10 Floors: 0 � Living Units: 0 Actual Area: 0 Sq Ft Living Area: 0 Sq Ft 00 Adjusted Area: 0 Sq Ft N Lot Size: 6,900 06 Year Built: 0 V) 25 53 41 ST JAMES PK PB 3-65 LOT M 4 Legal 5 BLK 4 LOT SIZE 50.000 X 138 OR Description: 13632-1756 0288 4 h c Z Subdivision: ST JAMES PARK N Assessment Information: ' 2016 2015 2014 C _ Land Value: $828,000 $414,000 $207,000 = BUllding Value: $0 $0 $0 N Miami 21 Zoning(Current): Existing Land Use 7tF Value: $0 $0 $0 Market Value: $828,000 $414,000 $207,000 Zone: Description: Enactment: LU Code: Description: Description: Assessed Value: $61,117 $55,561 $50,510 T6-0 Urban Center Zone 13114 Sales information: M Areas of Specific Designation: Two -F amily 20(Duplexes) Du Ie"" RESIDENTIAL Future Land Use Year; 20160329 20080625 20080707 -- Section: Description: Enactment: Sale Amount: $6,500,000 $162,500 $10 rn Q SaleOIR 300180162 26548-2704 26467-2172 ca None FLU de: Description: Description: Homestead Infon"na#ion: g 06 Special Area Planning: Section: Description: Enactment: 4 Med D. MF Medium Density Year: 2016 2015 2014 'y y None Res. Multifamily Residential Homestead: $0 $0 Iso U, Established Setbacks: District Information: Second Homestead: $0 $0 $0 _ Alternate Addresses: , Section: Description: I Area: Sub:Cit y Commissioner 5 District: No None U Farmer I000{Not Valid ; City Commissioner: Keon Hardemon Historic & Environmental NET ID: 10 Preservation: Type: Flag Present: p Zone: Description: Enactment: NET Name: WYNWOODIEDGEWATER R-3 Multifamily Medium -Density NET Phone: 305 960-2904 Scenic Transp,: Residential No U - Cade Enforcement 2 Historic Sikes: No Former Overlay Districts: District: Arch, Zones: No = m Sectlon: Description: Enactment: Code Enforcement Admin: MARIA TOVAR Env. Preserv: No s SD -12 Buffer Overla District Historic District: No Cade Enforcement Phone: } GD 3d Arch. Conserv: No r Q Flood Zone. one. Description: AREAS LOCATED OUTSIDE SPECIAL FLOOD HAZARD AREA http:llmaps.miamigovcom/miamizoninglprintpage.htm?id=0131250280660&map= ags 273006MOcMD3b8Oe4fc336958db52.jpg&title=test 1/1 Application Submittal for Rezoning and Comprehensive Plan Amendments 26 NW 30th Street and 28 NW 30 Street, Miami, FL (38681600;1} Submitted Doau.ments • Applications • Letter of Intent • Survey • Zoning Referral • Recorded Deeds • Exhibit A (Legal Description) • Current Photos • Lobbyist Registrations • Affidavits of Authority to Act • Disclosure of Ownership • Certificate of Status • Power of Attorney • Certified List of Adjacent Owners within 500 feet • Disclosure of Agreement to Support or Withhold Objection • Public School Concurrency • Code Enforcement Violations {38679327;1} r co 0 M z 00 N 06 U) 0 M z N 0 N _U1 M r August 31, 2016 Olga Zamora, Chief Hearing Boards Section City of Miami 444 SW 211" Avenue, 3 d Floor Miami, FL 33130 Steven J. Wernick Akerman LLP Three Brickell City Centre 98 Southeast Seventh Street Suite 1100 Miami, FL 33131 Tel: 305.374.5600 Fax: 305.374.5095 steven.wem ick0akerman.com RE: 26 NW 301h Street and 28 NW 30" Street, Miami, Florida Applications for Comprehensive Plan Amendment and Rezoning Letters of Support from Neighboring Owners Dear Ms. Zamora: Akerman LLP represents 2994 NMR Gateway Properties, LLC (the "Applicant"), owner of the properties located at 26 NW 30t1 Street and 28 NW 301h Street (the "Subject Parcels"). Enclosed herein are four (4) letters received from neighboring property owners in support for the Applicant's request to (i) amend the City's Zoning Atlas to change the transect zone of the Subject Parcels from T5-0 to T6-8-0; and (ii) amend the Future Land Use Map of the Miami Comprehensive Neighborhood Plan to change the future land use designation of 28 NW 30th Street from Medium Density Multifamily Residential to General Commercial, including letters of support from the owners immediately adjacent to the west and south of the Subject Parcels. I would respectfully request that these letters be placed in the official record for these companion applications for rezoning and comprehensive plan amendments in advance of and to accompany the agenda materials for the upcoming Planning, Zoning and Appeals Board hearing, currently scheduled for Sept. 21.2016. Sinw'eY,.s Steven J. Wernick Enclosures cc: Francisco J. Garcia Jacqueline Ellis David Snow a kerma ri ,doe -i Eisenberg {39300691;1} Jub�L, 2016 Francisco J. Garcia Planning Director City of Miami 444 SW 211 Avenue Miami, FL 33130 RE: Letter of Support / 26-28 NW 301h Street Tear Mr. Garcia, Members of Planning Zoning & Appeals Board, and City Commission Please accept this letter in support of this application filed to amend the future land use map for 28 NW 30th Street and the zoning for the parcels located at 26-28 301 Street, to be consistent with the majority of the unified site owned entirely by 2994 NMA Gateway Properties, LLC. My address is Lld - LQ � u) O �r s V ree—� KcA r►•� �L �3 :• I am a neighbor and property owner in the neighborhood. I support the proposed land use/zoning change and believe this will allow cohesive redevelopment that will enhance our neighborhood, and the value of the surrounding properties. Signed: Print No (38687580;1) July _, 2016 Francisco I Garcia Planning Director City of Miami 444 SW 2°d Avenue Miami, FL 33130 RE: Letter of Support / 26-28 NW 301h Street Dear Mr. Garcia, Members of Planning Zoning & Appeals Board, and City Commission: Please accept this letter in support of this application filed to amend the future land use map for 28 NW 30,h Street and the zoning for the parcels located at 26-28 301h Street, to be consistent with the majority of the unified site owned entirely by 2994 NMA Gateway Properties, LLC. My address is .-t) N 6CET ,.f- L I am a neighbor and property owner in the neighborhood. I support the proposed land use/zoning change and believe this will allow cohesive redevelopment that will enhance our neighborhood, and the value of the surrounding properties. ti r _ Signed: Print Name A LE 7<PrN nt)Z YFUI� IC 11 P N I 13868]580;1} LO M August 16, 2016 Francisco J. Garcia Planning Director City of Miami 444 SW 2nd Avenue Miami, FL 33130 RE: Letter of Support / 26-28 NW 30" Street Dear Mr. Garcia, Members of Planning Zoning & Appeals Board, and City Commission: Please accept this letter in support of this application filed to amend the future land use map for 28 NW 30th Street and the zoning for the parcels located at 26-28 30th Street, to be consistent with the majority of the unified site owned entirely by 2994 NMA Gateway Properties, LLC. My address is: 54 NW 30' Street, Miami, Florida 33127 I am a neighbor and property owner in the neighborhood. I support the proposed land use/zoning change and believe this will allow cohesive redevelopment that will enhance our neighborhood, and the value of the surrounding properties. Signed: Print Name: Paul J. Peters {38687580;11 W- plawIng i Clt,%- of M -MiamL FIL 33130 RE. Wier of Support 126-28 NW 301 Stret1 Deaf Mr- GwveL Membtr5 of Planning Zoning & Apps k 11twd, and Cit1 Cominis.si47n P'Icasc acccpl this I0cr in suppmt ofthi� appliea'titm riled to arnend the Mum land usc map for 28 NW 3CPI Sovet and the itvizS for the pmets locatod at 6-28 30P16 Strcct. to be con.*istem with dk majoriq of tht unified site owned cnarcly by 2994 NMA Gateway dim LLC. M add Is 9 .� 211 f P i) ' t am u neighbor and property owner in the neighborhood. 1 *upport 1h proland uWzo ring cb:mngc and bell�eve this will allaw cobc3i °-v rvdcvclupm�tnt Elijt %% ill cnhancr our nrtghborhaotl. *1d the value orate surrounding properties. SS- gj Ied Print N amc VJ M z co N ca cn 0 M z W N a� c 0 N d M REZONINGAPPLICATION Please refer to Article 7.1.2.8 of the Miami 21 Code for Rezoning information. 1. Applicant(s): Steven J. Wernick on behalf of 2994 NMA Gateway Properties LLC 2. Subject property address(es) and folio number(s): 01-3125-028-0651 and 01-3125-028-0660 3. Present zoning designation(s): 4. Proposed zoning designation(s): T6-8-0 26 NW 30 St and 28 NW 30 St, Miami, FL 33127 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'/2x11 copy of the survey of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application. 7. A clear and legible copy of the recorded warranty deed and tax forms of the most current year showing the present owner(s) and legal description of the property to match the legal description on the survey. 8. A clear and legible copy of the subject property address(es) and legal description(s) on a separate sheet, labeled as "Exhibit A", to match with the current survey's legal description. 9. At least two photographs showing the entire property showing land and improvements. 10. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable. 11. Affidavit of Authority to Act and the Disclosure of Ownership of all owner—and contract purchasers, if applicable—of the subject property. 12. For all corporations and partnerships indicated: a) Articles of Incorporation; b) Certificate from Tallahassee showing good standing, less than one (1) year old; c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation authorizing the person who signed the application to do so; d) Non-profit organizations: A list of Board of Directors less than one (1) year old. 13. Certified list of owners of real estate within 500 feet of the subject property. 14. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit. 15. Original Public School Concurrency Management System Entered Requirements form. 16. The subject property(ies) cannot have any open code enforcement/lien violations. 17. What is the acreage of the project/property site? 0.32 acres Rcv. 07-2013 3 REZONINGAPPLICATION 18. What is the purpose of this application/nature of proposed use? Rezoning 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 20 min. and/or ZI City Commission 20 min. 22. Cost of processing according to Section 62-22 of the Miami City Code*: Change of zoning classification to: a. CS, T3 -R, T3 -L, T3-0, T4 -R, T4 -L, T4-0, T5 -R, T5 -L, T5-0, T6 -R, T6 -L, Cl: Per square foot of net lot area $ .50 Minimum (Assumes a 5,000 square -foot lot) $ 2,500.00 b. T6-8 O, T6-12 O, T6-24 O, D1, D2, D3, T6-36 O, T6-48 O, T6-60 O, T6-80, CI -HD: Per square foot of net lot area $ .70 Minimum $ 5,000.00 c. Advertising $ 1,500.00 d. School Concurrency Processing (if applicable) $ 150.00 e. Mail notice fee per notice $ 4.50 f. Meeting package mailing fee per package $ 6.00 *Fees over $25, 000. 00, shall be paid in the form of a certified check, cashier's check, or money order Signature Address Akerman, LLP 98 SE 7 St Name Steven J. Wernick Suite 1100, Miami, FL 33131 Telephone 305-982-5579 E-mail steven.wernick@akerman.com STATE OF FLORIDA --COUNTY OF MIAMI -DADS The foregoing k iQwledged before a this day of 3U 20 k\, P , by r Y1.1 who is a(n) individual/partner/agent/corporation of Y Yl a(n) individual!partnership/corporation. He/She is per wn to me or who has produced as identification and who did (did not) t an oath. (Stamp) '•• suSWNEYM.SAINZ 8-ignature Mr COWASSION t i F 919ss3 EXPIRES, December 21, 2019 "` , bonded Thor No►wry pubic Urd9 w hm Acv. X17-21113 4 COMPREHENSIVE PLANAPPLICATION 1 Please refer to Section 62-31 of the Miami City Code for Comprehensive Plan information. Applicant(s): Steven J. Wernick on behalf of 2994 NMA Gateway Properties LLC 2. Subject property address(es) and folio number(s): 3. Present designation(s): 4. Future designation(s): 28 NW 30 St, Miami, FL 33127-101-3125-028-0660 Medium Density Multifamily Residential General Commercial 5. If the requested Land Use is approved, will a Rezoning be requested for consistency with the Zoning Atlas, per F.S. 163.3184(3)(e)? Yes. If yes, please contact Planning at 305-416-1400. 6. Has the designation of this property been changed in the last year? If so, when? No. 7. Do you own any other property within 200 feet of the subject property? Yes. If yes, has the property been granted a Land Use Change within the last year? No. 8. One (1) original, two (2) 11x17" copies and one (1) 8'/2x11 copy of the survey of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application. 9. 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. 10. 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. 11. At least two photographs showing the entire property showing land and improvements. 12. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable. 13. Affidavit of Authority to Act and the Disclosure of Ownership of all owner—and contract purchasers, if applicable—of the subject property. 14. 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. 15. Certified list of owners of real estate within 500 feet of the subject property. 16. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit. 17. Original Public School Concurrency Management System Entered Requirements form. Rev. 07-2013 2 COMPREHENSIVE PLANAPPLICATION 18. The subject property(ies) cannot have any open code enforcement/lien violations. 19. What is the acreage of the project/property site? 0.16 20. What is the purpose of this application/nature of proposed use? Future Land Use Change 21. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning and Zoning Department on the 3`d Floor for information. No. 22, Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning and Zoning Department on the 3`d Floor for information. No. 23. Is the property within the Coastal High Hazard Area (CHHA)? Please contact the Planning and Zoning Department on the 3`d Floor for information and further instructions. No. 24. What would be the anticipated duration of the presentation in front of the: M Planning, Zoning and Appeals Board 20 min. and/or fS1 City Commission 20 min. 25. Cost of processing according to Section 62-22 of the Miami City Code*: a. Application to Amend the Comprehensive Neighborhood Plan per acre $ 5,000.00 b. Advertising $ 1,500.00 c. School Concurrency Processing $ 150.00 d. Mail notice fee per notice $ 4.50 e. Meeting package mailing fee per package $ 6.00 *Fees over $25,000.00, shall be paid in the form of a certified check, cashier's check, or money order. Signature Name Steven J. Wernick 305-982-5579 Telephone Address Akerman, LLP 98 SE 7 St Suite 1100, Miami, FL 33131 E-mail Steven,wernick@akerman.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE 20 b The foregoing was ck o ledged before me this day of J\—A Y J4— who is a(n) individual1partnerlagenticorporation of It' a(n) individual/partnership/corporation. He/She is gersonally_known to me or who has produced as identification and who did (did not) take h. (Stamp) Sig ur F- 8L1St.AINE'rM.SNN2 ;.: + MYOOMWSSION 1 FF 919693 EXPIRES: December 21, 2019 �� Banded Thiu Notary PubkUndewbm Rev, 07-2013 July 15, 2016 VIA HAND DELIVERY Olga Zamora, Chief Hearing Boards Section Planning and Zoning Department City of Miami 444 SW 2nd Avenue 3`d Floor Miami, FL 33130 Steven J. Wernick Akerman LLP Three Brickell City Centre 98 Southeast Seventh Street Suite 1100 Miami, FL 33131 Tel: 305.374.5600 Fax: 305.374.5095 steven.wernickOakerman.com RE: 26 NW 301h Street and 28 NW 301h Street, Miami, Florida Applications for Comprehensive Plan Amendment and Rezoning Letter of Intent 1 Supporting Analysis under Article 7.1,.2 8(c)(2)(g) of Miami 21 Dear Ms. Zamora: Akerman LLP (the "Firm") represents 2994 NMA Gateway Properties, LLC (the "Aoolicant"), owner of the properties located at 26 NW 30th Street [Folio #01312502806511 and 28 NW 30th Street [Folio #0131250280660] (the "Subject Parcels"), The Applicant also presently owns two (2) adjacent parcels located along North Miami Avenue (2916 and 2994 North Miami Avenue, the "Adjacent Parcels", collectively with the Subject Parcels referred to as the "Pro e "). See aerial map attached as "Exhibit A." On May 18, 2016, the Applicant submitted a request for a Zoning Referral to submit an application for a comprehensive plan amendment and rezoning of the Subject Parcels. On June 3, 2016, the Applicant met with Planning and Zoning and staff for a pre -application meeting and obtained the necessary Zoning Referrals to submit a full application. Based on various factors, including recognition of the contiguous and unified ownership and use and character of the Property, and to facilitate better integrated and cohesive future redevelopment of the entire Property, Applicant proposes to: (1) amend the City's Zoning Atlas to change the transect zone of the Subject Parcels from T5-0 to T6-8-01; akThWplication submittal called for designation of the Subject Parcels within the NRD-1 boundaries, as the majority of the Property was included, and it appears that all of the Property should have been included (38202621,7) Ms. Olga Zamora July 15, 2015 Page 2 (2) amend the future land use map of the City of Miami Comprehensive Neighborhood Plan ("MCNP") to change the future land use designation of the parcel in the Property located at 28 NW 30th Street from Medium Density Multifamily Residential to General Commercial. I. BACKGROUND The Property is located at the northern edge of Wynwood — the former warehouse district turned arts district that has drawn significant attention for its now world-renowned street art — at the intersection of NW 29' Street and N. Miami Avenue, two of the most important thoroughfares in Wynwood. The Property serves as a natural gateway between Wynwood and the Midtown District to the northeast. Highlighted by the creation in 2015 of the Wynwood Neighborhood Revitalization District ("NRD-1"), Wynwood has been gradually transforming in recent years into a mixed-use neighborhood, while harnessing a creative spirit in Miami's urban core and maintaining a purposeful focus on providing an interesting mix of innovative and dynamic work spaces and offices, which should continue to evolve. All of the parcels comprising the Property have been historically used for commercial/light industrial purposes, typical of the Wynwood District that forms the basis of the NRD-1. The Subject Parcels have been unified with the Adjacent Parcels at 2994 North Miami Avenue since prior to the adoption of the Miami 21 Code, and used as accessory surface parking to support the business that occupies the building along North Miami Avenue, SubSea Global Solutions, a diving company which provides marine vessel maintenance and repair services. See deeds evidencing common ownership attached as "Exhibit B." 11. CONCEPTUAL PROJECT The ultimate goal of the Applicant is to develop a commercial project on the Property consisting mainly of office space, including a parking garage, to serve uses and activities associated with ongoing growth within Wynwood, and to serve as a proper transition and gateway from Wynwood to the adjacent Midtown District. The Applicant desires to provide an on-site parking garage within the project to contain all of its parking demands, which will help protect residential neighborhoods to the west and north from overflow parking. Approval of the enclosed requests for a rezoning and comprehensive plan amendment would permit the Applicant to better accommodate parking demands of the project on-site, and provide flexibility to design a more cohesive project that properly transitions from this nexus of industrial -chic buildings in Wynwood and large-scale development in Midtown directly to the east. III. APPLICATION FOR REZONING The City's Zoning Atlas currently identifies the Subject Parcels as T5-0. The City's Future Land Use Map of the MCNP identifies the parcel at 26 NW 301h Street as General Commercial and parcel at 28 NW 3011 Street as Medium Density Multifamily Residential. See existing Zoning and based on the contiguous ownership. While the Applicant is interesting in correcting the NRD-1 boundary line, this change is subject to a corresponding amendment to Appendix J of Miami 21. (38202621;7) Ms. alga Zamora July 15, 2016 Page 3 Future Land Use maps of the Subject Parcels and the surrounding properties attached as "Exhibit C." Contained below is an analysis of the justifications for the proposed rezoning of the Subject Parcels from T5-0 to T6-8-0 under the criteria in Miami 21 and the MCNP. A. Comgfiance with Application Requirements under Article 7.1.2.8(c)(U The proposed rezoning of the Subject Parcels from T5-0 to T6-8-0 meets the threshold application requirements of Miami 21. The Adjacent Parcels (which are also owned by the Applicant) are zoned T6-8-0 as well as the parcels directly south of the Subject Parcels fronting NW 29'" Street. Therefore, the proposed rezoning is an extension of an existing transect zone (T6- 8-0) and the additional requirements of Article 7.1.2.8(c)(1) — including the requirement for a minimum land area of 40,000 square feet or 200 feet of frontage on one street—are not applicable to this proposed rezoning by the Applicant. B. Property Analysis under Article 7.1.2.8(c }(2(g] 1) Existing Conditions Both of the Subject Parcels are zoned T5-0 and currently used as surface parking lots serving the business at 2994 North Miami Avenue. See several photographs depicting the current commercial usage of the Subject Parcels and 2994 North Miami Avenue attached as "Exhibit D." The Subject Parcels lie on the northeast border of the NRD-1 and the Wynwood District, and surrounding properties immediately to the south are all zoned T6-8-0 and included within the NRD-1. This includes the Adjacent Parcels, which were rezoned to T6-8-0/NRD-1 during the creation of the overlay district in 2015. These parcels can be developed by Right up to 8 stories. The current conditions in the surrounding area to the southwest are typical of the Wynwood District, including several vacant properties and a number of existing one and two story warehouses and other older commercial and industrial buildings. Some of these buildings have been renovated for adaptive reuse, but many remain in deteriorated condition. To the immediate east of the Applicant's Property directly across North Miami Avenue are the City's various Midtown Overlay Districts. These parcels are zoned T6 -24A-0 and can be developed up to 300 feet in height depending on location. This area is characterized by "big -box" retail stores and other large-scale commercial development fronting both side of North Miami Avenue from NW 2911 Street all the way north to the 1-195 overpass. The parcel directly across from Applicant's Property is the site of the proposed Midtown Wal-Mart development. To the northwest of the Subject Parcels, there are several blocks comprised of old single- family, duplex, and multifamily residential buildings interspersed with small warehouse buildings. The parcels directly to the west of the Subject Parcels south of NW 301h Street are zoned T5-0. 2) Comparative Analysis In analyzing the current versus proposed transect zone regulations, it is evident that the proposed rezoning is both practical and appropriate to the scale of building size and massing currently permitted under current transect zones throughout the Wynwood and Midtown Districts directly abutting the Subject Parcels. Notwithstanding a clear compatibility with the properties to {3820262I;7} Ms. Olga Zamora July 15, 2016 Page 4 the southwest and the history of common ownership with the Adjacent Parcels, the Subject Parcels were not rezoned to T6-8-0 nor included within the NRD-1 overlay map when the NRD-1 was implemented in 2015. This rezoning seeks to correct this omission. When adopted, the NRD-1 became applicable to properties within T5, T6, and D1 transect zones—including a significant number of properties north of NW 2911 Street on the same block as the Subject Parcels. The Subject Parcels are zoned T5-0 and directly abutting the existing NRD-1 boundaries. Thus, the Subject Parcels had a clear compatibility with the character of the Adjacent Parcels and a common transect zone of T5-0. However, despite the history of common ownership and use across the Subject Parcels and Adjacent Parcels, the Subject Parcels were not included within the original rezoning and creation of the NRD-1 boundaries. As noted, the Applicant had originally included a request to expand the boundaries of the NRD-1 to include the Subject Parcels within the overlay district. Based on feedback from the City Attorney's office, the boundary adjustment is subject to a text amendment and thus the Applicant proceeds with this application independently. Ultimately, we maintain it is appropriate for the Wynwood Business Improvement District (BID) and the City to include the Subject Parcels with the NRD-1 if and when the boundaries of the overlay district are expanded.2 With a rezoning to T6-8-0, the Applicant would be permitted to develop three (3) additional stories by Right on the Subject Parcels, This rezoning will permit more uniform development of the Property that can serve as a better -designed transition between T5-0 properties to the west and larger -scale buildings along the commercial corridor to the east and up North Miami Avenue .3 Rezoning the Subject Parcels will allow the Applicant to develop more on-site parking in a future commercial project and prevent inappropriate overflow parking on nearby neighborhood streets. 3) Consistency with the MCNP and Miami 21 The proposed rezoning is consistent with the City's MCNP and the intentions of Miami 21. First, the T6-8-0 transect zone is considered to be consistent with the General Commercial future land use designation under the MCNP, which is already the future land use designation of the remainder of the Property, with the exemption of the parcel located at 28 NW 30th Street. This parcel is the subject of the companion comprehensive plan amendment discussed below, Second, the proposed rezoning is consistent with the successional zoning theory of Miami 21. The rezoning of the Property from T5-0 to T6-8-0 meets the requirements of Article 7.1.2.8(c), which denotes the transect zones available as successional zones. Further, the properties to immediately abutting the south and east of the Property are already zoned T6-8-0, and the property abutting to the west is zoned T5-0, which are each within one transect zone category of the other and therefore comply with successional zoning. 2 The parcel in the Property at 2916 North Miami Avenue is currently included within the Wynwood BID—and is therefore subject to the levy of a special assessment on that parcel for purposes of improvements to the Wynwood area. 3 The Adjacent Parcels are currently permitted a height of 8 stories by Right (12 stories under applicable NRD-1 bonuses) and the Subject Parcels could obtain a height of 8 stories by Right with this rezoning. This is a suitable transition to the parcels that are zoned T5-0 and permitted 5 stories by Right to the west. (38202621,7) Ms. Olga Zamora July 15, 2016 Page 5 Third, the rezoning of the Subject Parcels meets the criteria for rezonings listed in Miami 21 Article 7.1.2.8(f)(2) because the zoning change maintains the goals of Miami 21 to provide transitions and preserve neighborhoods. Although the area northwest of the Property is a residential neighborhood, the area southwest of the Property consists of primarily commercial/light industrial establishments typical of Wynwood, and the area immediately east of the Property is the commercial portion of the Midtown District. This rezoning will permit a more cohesive and uniform development of the Property that can serve as a better -designed transition between these distinct neighborhoods in a comprehensive fashion. Lastly, of note, the Subject Parcels are part of a unified site located immediately on a significant commercial intersection. Thus, their proposed inclusion in T6-8-0 is practical and does not create any domino effect that might arise from the further rezoning of properties west along NW 341h Street. As discussed, the Subject Parcels have been unified with the Adjacent Parcels at 2994 North Miami Avenue since 2008, but the Subject Parcels were excluded from the NRD-1 boundaries and upzoning to T6-8-0 when the Adjacent Parcels were placed inside the NRD-1 and rezoned in 2015. The Applicant is requesting this rezoning based on this unique circumstance, and commercial development is not practical further westward along NW 3011 Street. IV. APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT The Applicant seeks to amend the future land use designation of the single westernmost parcel in the Property located at 28 NW 30th Street to be General Commercial. Section 62-8(c) of the City of Miami Code of Ordinances provides that amendments to the future land use map shall be reviewed to ensure that "the land use, densities and intensities proposed are compatible with and further the objectives, policies, land uses, and densities and intensities in the comprehensive plan, provided further that the comprehensive plan shall be construed broadly to accomplish its stated purposes and objectives." As discussed below, the proposed amendment is compatible with the objectives, policies, land uses and densities and intensities in the City's MCNP. 1) Consistency The proposed amendment would consolidate the future land use designation of the entire Property as General Commercial. For all intents and purposes, the Subject Parcels and the Adjacent Parcels are treated as one cohesive tract of land. No physical separation exists, and the Subject Parcels been unified with the Adjacent Parcel at 2994 North Miami Avenue since prior to the adoption of the Miami 21 Code, Currently, the Subject Parcels are both used as surface parking lots serving a commercial business at 2994 North Miami Avenue. However, the current Medium Density Multifamily Residential designation of the parcel at 28 NW 30th Street does not permit most commercial uses. This is an inconsistency with existing T5-0 zoning regulations. The requested future land use amendment will only permit a continuation of existing office use at 28 NW 30" Street. This is consistent with the future land use designation of the remainder of the Property, including the other Subject Parcel, and is considered to be consistent with the proposed T6-8-0 zoning designation for the Subject Parcels. Additionally, the parcels immediately to the south of the Subject Parcels along NW 2911 Street have a General Commercial future land use designation, as well as the band of properties fronting North Miami Avenue to the north. (38202621;7) Ms. Olga Zamora July 15, 2016 Page 6 2) Economic Development The primary goal set forth in the MCNP's Future Land Use Element, Goal LU -1 is to protect and enhance the quality of life and foster economic development. Specifically, Policy LU -1.1.11 calls for a priority on urban infill: "Mhe concentration and intensification of development around centers of activity shall be emphasized with the goals of enhancing the livability of residential neighborhoods and the viability of commercial areas. Priority will be given to infill development on vacant parcels, adaptive reuse of underutilized land and structures." As the Property sits in the middle of multiple thriving activity centers (Wynwood and Midtown), as well as being a prominent location at the intersection of NW 291h Street and North Miami Avenue, the proposed amendment Is consistent with this policy to promote redevelopment of currently underutilized land. This proposed amendment also furthers Goal LU -3, which encourages urban redevelopment in identified Urban Infill Areas, Objective LU -3-1, which calls for the City to promptly review and act on petitions for land use plan amendments and rezoning of property in Urban Infill Areas to facilitate redevelopment, and Policy LU -3.1.1, which call on the City to continue review of existing zoning regulations to determine if they provide adequate flexibility to promote redevelopment. The General Commercial future land use designation would allow a variety of commercial land uses at 28 NW 301h Street, including offices, that are already permissible on the remainder of the Property. This would facilitate comprehensive redevelopment of the Property, which has already been under common ownership and usage for many years. V. CONCLUSION Enclosed herein is the completed application with all required supporting materials. Thank you for your consideration. We look forward to staff's favorable review and to presenting in front of the Planning, Zoning and Appeals Board for its recommendation, and the City Commission for its ultimate approval. Sincerely, Steven J. Wernick Enclosures cc: Francisco J. Garcia, Planning and Zoning Director Devin Cejas, Zoning Administrator David Snow Nicholas Barshel, Esq. (38202621;7) r {31686793;1} r Cl) 0 M Z O N 06 U) O M Z O N C O N d T M T N u O C O Q Q 3 U) 06 C O r M u Q Q Q M T 0 LL V Q Aerial ■ f • _ Parc N"t 1 T S* 1PSubject 28 NW 1 StAdjacent 26 NW 30 St Parcels: .� 2994 N Miami Ave 2916 N Miami Ave Miami, FL �. %ML Maif • 1 ■., 111 s i,1• � 40 t � � � � •* * � ri A R r � 1. � JF - - - - Sv MAL VIl 3•S' 7 H �T NW 28TH !� -� mix EXHIBIT B 131696793;11 This Document Prepared By and Return Io: Charles M. Jones, Esquire Charles M. ,zones, P,A. 700 S. Royal Poinciana Blvd, Suite 503 Miami Springs, Florida 33166 Pa reel ] D N umber: 01-3125-028-0660 Warranty Deed 1111111111111 Hill 11111111111IIIIIIIII11111 fill CF N 200380714,565 OR Ek 26548 Fs 2704; (lr9) RECORDED W103/2008 0B:2001 DEED DOC TA)( F75.00 HARVEY RUVIN? CLERY, OF COURT MIAMI-DADE COUNTY, FLORIDA LAST PAGE �h This Indenture, Made this Z5 day of August , 2008 A -D., Between BARBARA DEZAYAS, a single woman or the County of MIAMI-DADE , State of Florida , grantor, and 2994 NORTH MIAMI AVENUE, INC. , a corporation existing under the laws of the State of Florida whose address rs: 2994 North Miami Avenue, Miami, FL 33127 of the County of Miami -Dade , State of Florida , grantee. Witnesseth that the GRANTOR, for and in considerationofthe sum of ------------------------ TEN DOLLARS ($10)----------------------- DOLLARS, and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said GRANTEE and GRANTEE'S heirs, successors and assigns forever, the following described land, situate, lying and being in the County of Miami -Dade state of Florida to wit: Lot 5, in Block 4, of ST. JAMES PARK AMENDED, according to the Plat ther of, as recorded in Plat Book 4, at Page 41, of the Public Records of Miami -Dade County, Florida. form rly described as: Lot 5, in Block 4, of ST. JAMES PARK, according to the Plat thereof, as recorded in Plat Book 3, at Page 65, of the Public Records of Miami -Dade county, Florida. SUBJECT TO REAL PROPERTY TAXES AND ASSESSMENTS FOR THE YEAR 2008 AND ALL SUBSEQUENT YEARS. SUBJECT TO RESTRICTIONS, EASEMENTS, COVENANTS, CONDITIONS AND LIMITATIONS APPEARING IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; BUT THIS SHALL NOT OPERATE TO RE -IMPOSE THE SAME, SUBJECT TO ALL APPLICABLE ZONING ORDINANCES AND MUNICIPAL REGULATIONS. The property herein conveyed DOES NOT constitute the HOMESTEAD property of the Grantor. The Grantor's HOMESTEAD address is 3722 S.W. 154th Court, Miami, Florida 33185 and the grantor dues hereby fully warrant the title to said ]and, and will defend the same against lawful clai a ns whomsoever. In Witness Whereof, the grantor has hereunto set her hand and seal the day and year fiabove wrive . Signed, ,,sea led and delivne-red in ❑ur presence: /ba`-�L_!`.' � {Sea]) Print d Name: niP � �rGy BAARAAA DEZAYAS Witness P.O Address: 3722 S.W. 154th Court, MIAMI, FL33185 Printed Name s Witness STATE OF Florida COUN-l'Y OF MIAMI-DADE the foregoing instrument was acknowledged before me this Lam/ day of August , 2008 by BARBARA DEZAYAS, a single woman she is personally ktx?wn to r»c nr she has prvcl ural her Florida driver' liCenSB as identification. Printed IT Notary Pub C ��,4MdkW,N,,,,i1 My Cormrossion Expires: k;0z,pl wWDS31:11ci 3 9818UM0"01881Y/' Afl 08-5997 •ary.. r.uer ueanaud A r Durr r syu�.., LM, mol [66317633335 Fp FLM'D I 1; w inga 1" 600k255481Page2704 CFN#20080714565 Page 1 of 1 Tills Document Prepared By and Return m: Charles M. Jonas, Inquire CHARLES D1. JONES, P.A. 700 S. Royal Poinciana Blvd. Suite 503 Niani Springa, Florida 33166 ! !1111! Illi! IlIII IIII! IIIII IIl1llfllllllll111 C=FN 2r.3tJ4RriS10Q20 DR Ek 22659 F'9 0791i Ovgg RECORDED 09/15/2000 15:41:44 DEED DOC TAX 960.06 HARVEY RUVIN, CLERK OF COURT MIAMI-DADE CDUNTYr FLORIDA LA5T PAGE Pa reel Ib Number: 01-3125-028-0651 Chrantec #1 Tll+- Warranty Deed This Indenture, Made this 19th day or August 2004 A-DBetween NANCY CORTADA, a single woman of the County of Miami -Dade , Statc of Florida , grantor, and 2994 NORTH MIAMI AVENUE, INC.. a Florida Corporation whose address is: 2994 NORTH MIAMI AVENUE, Miami, FL 33137 of the county of Miami -Dade , Statc o£ Florida , grantee. Witnesseth that the GRANTOR, for and in considemlion of the sum of ------------------------TEN DOLLARS ($10)----------------------- DOLLARS, and other goal and valuable consideration to GRANTOR in hand Paid by GRANTFF, the receipt wherec& is hereby acknowledged, has ganted, bargained and sold to the said GRANTEE and GRANTEE'S heirs, SUMC5a0ia and assigns furever, the following described land, siulate, lying and being in the i'e,unty of Miami -Dade State of Florida ur wit: Lot 4, in Block 4, of ST. JAMBS PARR AMENDED, according to the Plat thereof, as recorded in Plat Book 4, at Page 41, of the Public Records of Miami -Dade County, Florida. SUBJECT TO REAL PROPERTY TAXES AND ASSESSMENTS FOR THE YEAR 2004s AND ALL SUBSEQUENT YEARS. SUBJECT TO RESTRICTIONS, BASEMENTS, COVENANTS, CONDITIONS, AND LIMITATIONS APPEARING IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; BUT THIS SHALL NOT OPERATE TO RE -IMPOSE THE SAME. SUBJECT TO ALL APPLICABLE ZONING ORDINANCES AND MUNICIPAL REGULATIONS. and the grantor doer hereby fully warrant the title to said land, and will defend the same against lawful claims of ell persons whomsoever, In Witness Whereof, the grantor has hereunto set her hand and seal the day and year first above written. Signed, sealed and delivered in our presence: C2_� A 411�V,16_ -5• Printed Name: 1 ,2r- A 'Wepaj, CY PORTADA Witness P.O. Address: 76 N.W. 30th Street, Mlaml, FE, 33137 6 Printed Name:� Witness STATE OF Florida COUNTY OF Miami -Dade The foregoing instrument was acknowledged before nae this 19th day of August , 2004 by NANCY CORTADA, a single woman she is perwnally kiwwn v.3 me or she has Produced her Florida driver's license as identification. &" >, lei,"", i ANWg.WDODS Printed Name: MYC-OMMISSOODD25M Notary Public ESQ' HB OMW 9' 2m? M Commission Expires; aaror0Th. W"Poknndriwrrrrs Y p O4-�J057 ra.,rC a sy o r3,rp-, 5,..%ra. 3— 1we31 153-1= F—a-DI Book226591Page791 CFN#20040810020 Page 1 of 1 CFN 2005RO755566 OR Bk 23592 P3 0247; UP9 ) This deed prepared by: RECORDED 07/20/2005 15:12:19 Thomas M. Parker, Esq. DEED DOC TAS` 2,850.00 Fla. Bar No. 0047570 SURTAX 21137.50 2900 NW 35" street HARVEY RUVINP CLERK OF COURT Miami, FL 33142 MIAMI-DADE COUNTYY FLORIDA LAST PAGE WARRANTY DEED De This Warranty Deed made �S 3 / day of May, 2001, by THOMAS ZELS, a married man joined by his wife, CAROLE ZELS, whose post office address is: 1950 North Hibiscus Drive, North Miami, FL 33181 ("Grantor") and 2994 North Miami Avenue, Inc., a Florida corporation with offices at 2994 North Miami Avenue, Miami, FL 33127 ("Grantee") Witnesseth, That the Grantor, for and in consideration of the sum of Ten and No/100 Dollars and other valuable considerations, the receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto Grantee, all of Grantor's interest in and to that certain land situate in the County of Miami -Dade, State of Florida, to -wit: Lots 1 and 2, of Block 4, SAINT JAMES PARK, according to the Plat thereof recorded in Plat Book 3, at Page 65 of the Public Records of Miami -Dade County, Florida, also known as Lots 1 and 2, of Block 4 of AMENDED PLAT OF SAINT JAMES PARK, according to the Plat thereof, recorded in Plat Book 4, at Page 41 of the Public Records of Miami -Dade County, Florida. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anyway appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through, or under the said Grantor. IN WITNESS WHEREOF, the said Grantor has signed and sealedx se presents the day and year first above written. Signed, sled an delivered in the �o (as to both): Print name: ' zZ9m&3 Print name: STATE OF FLORIDA ) COUNTY OF MIAMI -DARE) The foregoing instrument was acknow ed before me thisay of , by THOMAS ZELS AND CAROLE ZELS, husband and wife, who personally known to me or who 1 has pr ced as identification. / i a,up..w h10MA8 M PARIN ,r•, putft _ Stat* of FloAdp Notary Public ,NCarrrnti�on6pya�CdZ�2m7 Print name: My core�pnmla��iyo�ny�#..��,yW244.1�.4�12 Commission No.: on AldevBook23592/Page247 CFN#20050755566 Page 1 of 1 EXHIBIT C {31686793;1 } r 0 M Z 00 N 06 U) 0 M Z N C O N d T M T N u O C O Q Q 3 6) 06 C O r M u Q Q Q M T 0 LL V Q Zoning Map 28 NW 30 St 26 NW 30 St Miami, FL Tr ' ' ze1niw 30 St. 26NW ;�30 St �NRD'A � �T1H NW2._ . Attachment: File ID 1315 - Application & Supporting Docs (1315: Rezoning - 26 NW 30 St & 28 NW 30 St) Future Land Use flap Subject Parcels 28 NW 30 St 26 NW 30 St Adjacent Parcels 2994 N Miami Ave 2916 N Miami Ave Miami, FL LoW D_ Rest Com '►�1 Meh. MIF Res, 28 NW 3 St 2994 Miami A 2916 'J Miami Ave NE 20th ALAttachment: File ID 1315 - Application & Supporting Docs (1315: Rezoning - 26 NW 30 St & 28 NW 30 St) EXHIBIT D {31686793;1} r 0 M Z 00 N 06 U) 0 M Z N C O N d T M T N u O C O Q Q 3 6) 06 C O r M u Q Q Q M T 0 LL Q 2994 N Miami Ave 26NW30St f 28 NW 30 St f38247923;1) Attachment: File ID 1315 - Application & Supporting Docs (1315: Rezoning - 26 NW 30 St & 28 NW 30 St) 4 F9 {38247923;1 } Attachment: File ID 1315 - Application & Supporting Docs (1315: Rezoning - 26 NW 30 St & 28 NW 30 St) H CERTIFIEDTO:a Lot 22 Lot 23 2994 NMA GATEWAY PROPERTIES LLC N89'52'48"E 100.00'(M&R) RIVERSIDE ABSTRACT CHICAGO TIRE INSURANCE COMPANY 2994 NORTH MIAMI AVENUE, INC., ITS SUCCESSORS AND/OR ASSIGNS, A.T.I.M.A. LOCATION MAP SITE PICTURE SITE ADDRESS: 26 -28 N.W. 30th STREET MIAMI, FL 33127 308 NUMBER: 08-807108-1216/ 12-407 DATE OF SURVEY: 3UNE 13, 2012 / MARCH 10,2016 FOLIO NUMBERS: 01-3125-028-0651/ 01-3125-028-0660 e :Y-NRVI� nacxa.re 0 u o ».�E DE �. o�T. � W" ¢� owe l� ww�Twfl.a d �N d ® WmMWNS M WA ® wtm R�vw� 7 vn vi�*u "em 108 SPEaFx 9JRVEYffi NOTES: rPE PROPFATY DExAIecD on Tws sAMEY DDEs rAr � wTDIM ASRax Haan ATEA AS oEFlrED mrlE PlDFA4 r HAHerA�En-r AaeHn; THE w: rPir. r cus wttwrr A R00DN1E �dTIE Fltl0otl6tMYC2 AAR AYY tl)NYIVIN1 ASCdIMWRY RWFLW 1 1u,wtIH AN ERKTM DATCd SF9'EMBER tt, x[5. ensMS ttOD OCIe�n ReT (H'+vD: uw ArtFA d Slefl�t FPt09t1Y: llADo sF (+)-) EVAT WMS K� &lR➢Ox THE i9i4,�fFA lewIDMECWHIY seMbI MAPx Na y1y wR.HAH REYAiwxa fAlA kCIT. OPMO�, SFWNN 1fPFLX1 ARE 9ASE00n An ASEiMe FEPm1Ax d xgmsDis'E., etING TM PKQREEd eFIAE1IG FdP T,E CEnTExLE CS Nxix H:N11 AYE., AS SHyAH CN RAi HOCc 3 Ar wtt es d THE wa]C PEmm DF rn.Au D.DE mlenY rl�aA GENERAL SURVEYOR NOTES: TIE 5H0wH t6x o�+IDRdi USED TD PEPSdJI Tg500UMDAIO' SlR4EY wqs PRQY®E0 etirfE(iee1E. StR1E/ IS eASID d1 �For3� neualaTKw PRMII�erdlEfrt. p] TEt]!I[ SUA[nd T1E RU6l]C: FODR➢ItAS MIIt N/mf n dxMCt UNtE550TIEAwISE M]TEp, AN ExAT9x TSN pC TI{ pCTRi{ wAs HT oMC mTt WMN651RVC�Uktd Ei�DgNEwpf�l lam. D N+]!IE AtE LTRG TNs ysi�i mG�x1Y. Tests y�4vEt' Is E2' ustvEr VCR fnE USE d TIE MATTES TD Wrldt R wAS OJRIFIW PLR9JNR TO PAAi 6]G]]3 CF TIE Fl] 4bA AC�D�Yv ]TYE fixE Tia En4R[D tlY d lMD 15 SUBJUBAH, TNR M1HRfuy pBgmE o6fAe[! 10.1hACY fORTHES TrPEOF 9xnH'ts 1 wtrI LY i'�d FEET, TIE rccwc �rwao errrwumt�exrAm exnAArldsdnomczn�AE:rlanEs wrs �aroio ExcEeo rias PFpnnarra. TKfE APE NO NS'ML NDa'EGPOUW �wo.mn•st+)mTHE 1NI'�.E+,ta'rt50PM A6KCf, ]RClr lex u]%X14Ka wARE�IES, Sirt�f500. iLUN&dl R)9.'TIE I+�J'.9B+IS CFTNE AD%]]nInG PRdERfxs, sTAEETS OP WEr`uId,7HEs%RST wry oilrtn»Iw TNas>!aova oxrws eolaaxr vaNfx. iHEaE w'E n0 Ytdm • E1Y71E/(i8 pIRIGKf#SWAY d WHIW TfE UK%A519E0 xA5 eEEH AnYE� OPIERT11W1T,� 9i01YN CNT1115 SUFEY'. TIE MAP d Sye,E1'4 MIEenE0t0 bE DLSTAhffi AT TME 9tlWNtAIAQ[?C/1C IPI CIRR1911ANF.d lEA;UPCMDFf. M xAE CESS (auPHK pEPRCST)RATAx fvrvE IEIH LYAPtAATEDTO MOaC LY D3165RATEA PARtk1AM MBAWrERE dMETS[OfB 31W1L HAVC PP691FME 01£4 GMRUC lOCAT➢pfl TIE REYATRA4(IP Axr)dwat-wEMIv1En F¢SrtmE5 A50FRCTFn[x YMS SAT�tY AND tMR WEPF MPXVWD TO IM E5rtYwtEov[kFl[x IGStOdIYM. WK d Xe FOUf TOR wttW+Ji GPDunO AUKAC[3 A/O1tH l00i FOR HumsWE 9AFw$ QLiuCY1G M1-.]Exi. NQS, 50CwkR5 /J,D 011E MWYOE Siwr_ THE survEmAF�AI�en P>§Rt�rR'Anon As ro awxMow, P�rox eaoeevAnDN DF TIE ste]ECT mdEmr m AN/ rHrm aAlrarnDlw, uR FBN R00DmxE IMOANAnOx ProwDED Dx TR541R+EY � wN OEOPCiAr7YTIl MIPFwE dAr A!p rt wAS DeTAM9 ArwNw.I9Y1d]l IF'W]]A@pfI01NOTMCi ADIA>oNT AANE(IN Ary EtKTgpeC FCMfAT, TFER TP]ATXw m71rAi1�OxtM5 np0AFHT ISDILY4WDDPCS D06A4f2t 6[IECRWNKHAT5�A55PE�D[® Ix ONPfER SH17.96i (� d THE F4ORIW ADMM61RATrvE 1>]oE>F T105 DDMAEN! f5 M PMG FWNT, R 6 NOt vALW wRFWFTIESRiAA7U@ ATW dMaNx PA1� gx d TIE RepFEffi[wa l/n9 SUAVF�AIA w»FnpF P63iA. EN ME AND ERPD1 I 1 A -TxEnE UE rs]Yme�Ea�Ettrdm[wa>F.[r Pxde�rY 10i54Nq s. xDo<�,dAMETn®RAidsr. }ArES MPRAw:raEo sl��w7srx+, AD1IPDDG rD-rnEsmlar PRd6frr 7s NTtI11MAR0W N1Ex�NDrE 71 THE RAi THEAe>fi AS RHSIIDEDMRAT FA01[4Ai FKt 11, OFTIIl Puattt RCmnnsd MIAIC•pATE -THERE AO MTICO UTIL G4PIIB.T'w TIESRI[lT PPL1PERTY Odrt/11', IUNUOA 1 HEREBY awwr MAT THE AWACHM 514TCI1 M �Y SURVEY' MATHS WKVET KW RESULTMG TIEAEFROM WT A80VE OEXRIeEO PROPERTY N A TRUE Alq CDRPECT P>3PESHfTATRW d A MW SLAM MADE UNM W ODECTIOR AND Mn T MIETR M THE APFLICAMU PROVISIONS OF TFE'MOOMUM ICQNILAL STAtMARM FOR LAW SUAYEYMG MTIE STATE OP RAR WRA,.SUNIi W RUE SH17 OF TIE FLORIDA Ad1DOSUR COOS AIA 175 MPIEMBTTFD UW, CINPEEA 4MW, W THEFWKMO�iATVRS unT vm to 141TXf11 rt TMP vn. aaTl vs sun DAI[FI1 cFei nP a w rnma Attachment: File ID 1315 - Application & Supporting Docs (1315: Rezoning - 26 NW 30 St & 28 NW 30 St) .. PRE -APPLICATION .0131250280651;0131250280660 }, Folio #' Steven J. VVgrnick on behalf of w� . x,2994 NMA Gateway Properties LLC Applicant Name r.� JfI 305-982-5579 ,ff Applicant Phone Number - 26 NW 30 St Project Street Address REFERRAL May 17, 2016 Date NIA Project Name Steve n.wern ick@a kerma n.com Applicant E-mail Address & 28 NW 30 St. To BE COMPLETED BY THE OFFICE OF ZONING: ❑ One (1) 24"X36" or larger set of signed and sealed plans 0 Survey within one year with Building Baseline established by Public Works T5 -O Transect Zone Rezoning & Comp Plan Amend. - Section 7.1.2.8 Type of Permit Requested — Code Section Applicant proposes to: rezone two (2) parcels presently zoned T5-0 to T6-8-0 by extending the boundary of the existing T5-0- 14 - transect zone; rezone two (2) parcels presently zoned outside of the NRD-1 to be inside the NRD-1 by extending the boundary of the existing NRD-1; and amend the future land use designation of one (1) parcel from Medium Density Multifamily Residential to General Commercial. Summary of Request X7 JU - ate TY OF MIAMI Z O N I N G D E P A R T M E N T Ph: 305-416-1499 444 SW 21d Ave 46 FIoor Miami, FL 33130 www.niia�'+Fgov.com/zoning Revised 07124;2013 This Document Prepared By and Return Io: Charles M. Jones, Esquire Charles M. ,zones, P,A. 700 S. Royal Poinciana Blvd, Suite 503 Miami Springs, Florida 33166 Pa reel ] D N umber: 01-3125-028-0660 Warranty Deed 1111111111111 Hill 11111111111IIIIIIIII11111 fill CF N 200380714,565 OR Ek 26548 Fs 2704; (lr9) RECORDED W103/2008 0B:2001 DEED DOC TA)( F75.00 HARVEY RUVIN? CLERY, OF COURT MIAMI-DADE COUNTY, FLORIDA LAST PAGE �h This Indenture, Made this Z5 day of August , 2008 A -D., Between BARBARA DEZAYAS, a single woman or the County of MIAMI-DADE , State of Florida , grantor, and 2994 NORTH MIAMI AVENUE, INC. , a corporation existing under the laws of the State of Florida whose address rs: 2994 North Miami Avenue, Miami, FL 33127 of the County of Miami -Dade , State of Florida , grantee. Witnesseth that the GRANTOR, for and in considerationofthe sum of ------------------------ TEN DOLLARS ($10)----------------------- DOLLARS, and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said GRANTEE and GRANTEE'S heirs, successors and assigns forever, the following described land, situate, lying and being in the County of Miami -Dade state of Florida to wit: Lot 5, in Block 4, of ST. JAMES PARK AMENDED, according to the Plat ther of, as recorded in Plat Book 4, at Page 41, of the Public Records of Miami -Dade County, Florida. form rly described as: Lot 5, in Block 4, of ST. JAMES PARK, according to the Plat thereof, as recorded in Plat Book 3, at Page 65, of the Public Records of Miami -Dade county, Florida. SUBJECT TO REAL PROPERTY TAXES AND ASSESSMENTS FOR THE YEAR 2008 AND ALL SUBSEQUENT YEARS. SUBJECT TO RESTRICTIONS, EASEMENTS, COVENANTS, CONDITIONS AND LIMITATIONS APPEARING IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; BUT THIS SHALL NOT OPERATE TO RE -IMPOSE THE SAME, SUBJECT TO ALL APPLICABLE ZONING ORDINANCES AND MUNICIPAL REGULATIONS. The property herein conveyed DOES NOT constitute the HOMESTEAD property of the Grantor. The Grantor's HOMESTEAD address is 3722 S.W. 154th Court, Miami, Florida 33185 and the grantor dues hereby fully warrant the title to said ]and, and will defend the same against lawful clai a ns whomsoever. In Witness Whereof, the grantor has hereunto set her hand and seal the day and year fiabove wrive . Signed, ,,sea led and delivne-red in ❑ur presence: /ba`-�L_!`.' � {Sea]) Print d Name: niP � �rGy BAARAAA DEZAYAS Witness P.O Address: 3722 S.W. 154th Court, MIAMI, FL33185 Printed Name s Witness STATE OF Florida COUN-l'Y OF MIAMI-DADE the foregoing instrument was acknowledged before me this Lam/ day of August , 2008 by BARBARA DEZAYAS, a single woman she is personally ktx?wn to r»c nr she has prvcl ural her Florida driver' liCenSB as identification. Printed IT Notary Pub C ��,4MdkW,N,,,,i1 My Cormrossion Expires: k;0z,pl wWDS31:11ci 3 9818UM0"01881Y/' Afl 08-5997 •ary.. r.uer ueanaud A r Durr r syu�.., LM, mol [66317633335 Fp FLM'D I 1; w inga 1" 600k255481Page2704 CFN#20080714565 Page 1 of 1 Tills Document Prepared By and Return m: Charles M. Jonas, Inquire CHARLES D1. JONES, P.A. 700 S. Royal Poinciana Blvd. Suite 503 Niani Springa, Florida 33166 ! !1111! Illi! IlIII IIII! IIIII IIl1llfllllllll111 C=FN 2r.3tJ4RriS10Q20 DR Ek 22659 F'9 0791i Ovgg RECORDED 09/15/2000 15:41:44 DEED DOC TAX 960.06 HARVEY RUVIN, CLERK OF COURT MIAMI-DADE CDUNTYr FLORIDA LA5T PAGE Pa reel Ib Number: 01-3125-028-0651 Chrantec #1 Tll+- Warranty Deed This Indenture, Made this 19th day or August 2004 A-DBetween NANCY CORTADA, a single woman of the County of Miami -Dade , Statc of Florida , grantor, and 2994 NORTH MIAMI AVENUE, INC.. a Florida Corporation whose address is: 2994 NORTH MIAMI AVENUE, Miami, FL 33137 of the county of Miami -Dade , Statc o£ Florida , grantee. Witnesseth that the GRANTOR, for and in considemlion of the sum of ------------------------TEN DOLLARS ($10)----------------------- DOLLARS, and other goal and valuable consideration to GRANTOR in hand Paid by GRANTFF, the receipt wherec& is hereby acknowledged, has ganted, bargained and sold to the said GRANTEE and GRANTEE'S heirs, SUMC5a0ia and assigns furever, the following described land, siulate, lying and being in the i'e,unty of Miami -Dade State of Florida ur wit: Lot 4, in Block 4, of ST. JAMBS PARR AMENDED, according to the Plat thereof, as recorded in Plat Book 4, at Page 41, of the Public Records of Miami -Dade County, Florida. SUBJECT TO REAL PROPERTY TAXES AND ASSESSMENTS FOR THE YEAR 2004s AND ALL SUBSEQUENT YEARS. SUBJECT TO RESTRICTIONS, BASEMENTS, COVENANTS, CONDITIONS, AND LIMITATIONS APPEARING IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; BUT THIS SHALL NOT OPERATE TO RE -IMPOSE THE SAME. SUBJECT TO ALL APPLICABLE ZONING ORDINANCES AND MUNICIPAL REGULATIONS. and the grantor doer hereby fully warrant the title to said land, and will defend the same against lawful claims of ell persons whomsoever, In Witness Whereof, the grantor has hereunto set her hand and seal the day and year first above written. Signed, sealed and delivered in our presence: C2_� A 411�V,16_ -5• Printed Name: 1 ,2r- A 'Wepaj, CY PORTADA Witness P.O. Address: 76 N.W. 30th Street, Mlaml, FE, 33137 6 Printed Name:� Witness STATE OF Florida COUNTY OF Miami -Dade The foregoing instrument was acknowledged before nae this 19th day of August , 2004 by NANCY CORTADA, a single woman she is perwnally kiwwn v.3 me or she has Produced her Florida driver's license as identification. &" >, lei,"", i ANWg.WDODS Printed Name: MYC-OMMISSOODD25M Notary Public ESQ' HB OMW 9' 2m? M Commission Expires; aaror0Th. W"Poknndriwrrrrs Y p O4-�J057 ra.,rC a sy o r3,rp-, 5,..%ra. 3— 1we31 153-1= F—a-DI Book226591Page791 CFN#20040810020 Page 1 of 1 Exhibit A ------ - --------- LEGAL DESCRIPTION: FOLIO #: 01-3125-028-0651/ 01-3125-028-0660 LOTS 4 AND 5, BLOCK 4, OF SAINT JAMES PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3 AT PAGE 65, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ALSO KNOWN AS LOTS 4 AND 5, BLOCK 4, OF AMENDED PLAT OF SAINT JAMES PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4 AT PAGE 41, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA {38681773;1) Current Photos 2994 N Miami Ave 26NW30St f 28 NW 30 St f38247923;1) Attachment: File ID 1315 - Application & Supporting Docs (1315: Rezoning - 26 NW 30 St & 28 NW 30 St) F9 {38247923;1 } Attachment: File ID 1315 - Application & Supporting Docs (1315: Rezoning - 26 NW 30 St & 28 NW 30 St) �tv nF. i• •rr� llslll Ilnlf 2N 5 JUL13 Psi 3: 14 U ,: LLL t=:i� CITY OF MIAMI Print Form For Office Check# t 1 1 �� n� Use Only: Receiptll Ethics Certificate c t i Clerk, 3500 Pan American Drive, Miami, FL 33133 Phone, (305) 250-5360 LOBBYIST REGISTRATION (1) Lobbyist Name: Wernick, Steven Business Phone: 305-982-5579 Last Name, First Name, Middle Initial Business Address Akerman, LLP 98 SE 7th Street, Miami, FL 33131 Gip E -Mail Address steven.wemick@akerman.com (2) Principal Represented 2994 NMA Gateway Properties LLC Principal's Business Address 28 West 36 Street, 3rd Floor, New York, NY (ifdifferent from above) Zip 10018 (3) 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). Carnpreherrsive Plan Amendment and Rezoning for properties located at 26 NW 30th Street and 28 NW 30th Street, Miami, FI (4) Lobb Is shall state the extent of any business association or financial relationship with any memberr(s) of the City Commission, any member of City staff before whom he/she lobbies or intends to lobby. (rf applicable, Please explain) NIA Lobbyists shall pay all registration fees ($525.00 annually, plus $105.00 for each principal represented and for each issue a lobbyist has been retained to lobby on behalf of any one principal), and specifically define the issue for which they are employed. The Clerk shall reject any statement which does not detail the issue for which the lobbyist has been employed. hobbyist shall also submit a certificate of completion of an ethics course provided by the Nlianti-Dade County Commission on Ethics & Public Trust or City of Nliami completed no more than Otte (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 of Miami Code, as amended, including "annual registration, withdrawal, reporting requirements definitions, examinations, penalties for violations and contingency fees." Lobbyist Signature State of Florida, County of 1tMiami-Dade �TS orn to art subs ribed before ny�th, day of BUSWHEYM.BA1gz +{ :. MY COMM MON t FF 919693 ' - EXP ISES: Oel:ernber 21, 2019 y 1a ,t Bonded Thm Nota y Pub& Underww ers 4 *,otary r DJuC/lerk Note: Annual Registration Fee: Effective through 12/31/2016 AKERMAN LLP SunTrust 30018833 6-215 631Miami, FL 495 N KELLER ROAD 80 rE 3WDATE 07/13/16 MAITLAND, FL 32751 PHONE (407)2542397 AM C EC PAY ONE HUNDRED FIVE AND 001100 Dollars $105.00***t*** BMERGENCYACCOUNT VOID AFTER BO DAYS TO THE CITY OF MIAMI /^ ORDER OF 3500 PAN AMERICAN DR �y O OFFICE OF THE CITY CLERK MIAMI, FL 33133 z , $ Ap Received fr its 30❑ X88 3 311' 1 Sales T $ 4 CHECKS $1,0 REQUIRE TWO SIGNATURES co N ca 1:063 10 2 L5 216. 10000L, 2656578n■ O M z O N tS� S O City of Miami OFFICIAL RECEIPTLO No , 40 j M Total $ 'V ')`` Date: 1 0 Dollars Ad'dt�ss: ¢ For: LwA I)m This Receipt not VALID unless dated, Y: filled In and signed by authorized ployee of department or division des- Department: ignated hereon and until the City has collected the proceeds of any checks Division: tendered as payment herein. No: MW C I FN/TM 402 Rev. 03/03 Distribution: White - Customer; Canary - Finance; Fink - Issuing Department Sales T $ 4 CHECKS $1,0 REQUIRE TWO SIGNATURES co N ca 1:063 10 2 L5 216. 10000L, 2656578n■ O M z O N tS� S O City of Miami OFFICIAL RECEIPTLO No , 40 j M Total $ 'V ')`` Date: 1 0 Dollars Ad'dt�ss: ¢ For: LwA I)m This Receipt not VALID unless dated, Y: filled In and signed by authorized ployee of department or division des- Department: ignated hereon and until the City has collected the proceeds of any checks Division: tendered as payment herein. No: MW C I FN/TM 402 Rev. 03/03 Distribution: White - Customer; Canary - Finance; Fink - Issuing Department ON tr6',f nnu urrn u u 1�f?1 JUL � � Pi 1 3: 114 � r� RT 1, CITY OF MIAMI Print Form For Office Check# UV� USC Only: Receipt# Ethics Certificate 11 .I z Q>Ac'�:9M#P City Clerk, 3500 Pan American Drive, Miami, FL 33133 Phone; (305) 250-5360 LOBBYIST REGISTRATION (1) Lobbyist Name: Barshel, Nicholas Business Phone: 305-982-5538 Last Name, First Name, Middle Initial Business Address Akerman, LLP 98 SE 7th Street, Miami, FL E -Mail Address nicholas.barshel@akerman.com (2) Principal Represented 2994 NMA Gateway Properties LLC Principal's Business Address28 West 36 Street, 3rd Floor, New York, NY (If different from above) Zip 33131 Zip 10018 (3) 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 live percent (5%) ownership interest in said corporation, partnership or trust). Comprehensive Pian Amendment and Rezoning for properties located at 26 NW 30th Street and 28 NW 30th Street, Miami, FI (4) Lobbyists shall state the extent of any business association or financial relationship with any member(s) of the City Commission, any member of City staff before whom he/she lobbies or intends to lobby. (If applicable, please explain) N/A Lobbyists shall pay all registration fees ($525.00 annually, plus $105,00 for each principal represented and for each issue a lobbyist has been retained to lobby on behalf of any one principal), and specifically define tate issue for which they are employed. The Clerk shall reject any statement which does not detail the issue for which the lobbyist has been employed, Lobbyist shall also submit a certificate of completion of an ethics course provided by the Yliami-bade 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 f have read or am familiar with the provisions contained in Sections 2-651 through 2-658 of the City of Miami Code, as amended, including "annual registration, withdrawal, reporting requirements, definitions, examinations alties for violations and contingency fees." State of Florida, County of Miami -Dade S)v4Vn to and s cri ed befar this day of — Diam Pere¢ -Geta Nd NOTARY PUBUC STATE OF FLORIDA Comm# FF233833 Expires 6/8/2019 byist Signature Deputy Clerk Note: Annual Registration Fee: Effective through 12/31/2016 ul M AKERMAN LLP SunTrust 30018832223i .2,5 495 N KELLER ROAD Miami, FL 6 SUITE 300 DATE 07/13/16 MAITLAND, FL 32751 PHONE (447)254-2397 AMOUNT OF CHECK ►inU a sa e r s it $105.00******* EMERGENCY ACCOUNT VOID AFTER BD DAYS TO THE CITY OF MIAMI -� ORDER OF 3500 PAN AMERICAN DR OFFICE OF THE CITY CLERK ( i_ MIAMI, FL 33133 z CHECKS OV $1,000 REQUIRE TWO SIGNATURES o - N 06 0 3❑0 188 3 211' 1;06 3 1❑ 2 1 5 21: 1000❑ , 26 56 S 7811' W 0 M i 4k Z � N City of Miami c u..,. r a. OFFICIAL RECEIPT _ ° N No. 1 $ Sales ax $ � Total $ 16100 ry Date: Ln n F v v L ! /100 Dollars rn Received from: v o Ad*,t§s: at For: N� I .ii t1 1y _ 0 rence No: 1 o CL ThisReceipt not VALID unless dated, filled in and signed by authorized em- `� Q- ployee of department or division des- Department: 4 06 ignated hereon and until the City has = collected the proceeds of any checks Division:2 tendered as payment herein. U C I FN/TM 2 Rev. 03103 distribution: White - Customer; Canary - Finance; Pink - Issuing Department CL i 4k REZONINGAPPLICATION AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Steven J. Wernick , who being by me first deposes and says: That he/she is the owner or the legal representative of the owner, submitting the public hearing application as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as listed on the foregoing pages, 2. That all owners who he/she represents, if any, have given his/her full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the foregoing petition, ❑ including or ❑ not including responses to day to day staff inquires. 3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative. 4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. Further Affiant sayeth not. Steven J Wernick on behalf of 2994 NMA Gateway Properties LLC Applicant(s) Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Z? Applicant(s) Signature The foregoing was acknowledged be a me this 1 T 1 day of JU L\ 20 IU by who is a(n) individual partnerlagenticorporation of (n) individual/partnership/corporation. He/She is ersonally known to me or who has produced as identification and who did (did not) take a oath. (Stamp) Signature Bl1BLAlNblf A4, 5AIHZ ,• :.= MY COMMISSION i FF 919893 = EXPIRES: December 21, 2819 .19G. Bonded Thor Notary Pubrc Undamftn Rcv. 47-21113 COMPREHENSIVE PLANAPPLICATION AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Steven J. Wernick , 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, ❑ including or ❑ not including responses to day to day staff inquires. 3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative. 4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. Further Affiant sayeth not. Steven J Wernick on behalf of 2994 NMA Gateway Properties LLC Applicant(s) Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE -_12 Applicant(s) Signature The foregoing was acknowledged before me Lhis `-'1 day of 20 Q , by L1 1 who is a(n) individual1partnerlagent/corporation of YY1 S. n) individual1partnershiplcorporation. He/She is ers or who has produced as identification and who did (did not) takan oath. (Stamp) r'" BUSWNEYM.SAINZ SI re .; MY COMMISSION i FF 919693 EXPIRES: Dwember 21, 2019 Banded Thru Notary Pu61k Wder+r bm Rm (17-71113 REZONINGAPPLICATION 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) 2994 NMA Gateway Properties LLC Percentage of Ownership See Attached Schedule 1 Subject Property Address(es) 26 NW 30 St and 28 NW 30 St, Miami, FL 33127 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): See attached Schedule 2 Steven J Wernick Owner(s) or Attorney Name t•���r i►ilr: ►1LMA u�riT Legal Descriptions): 65��e Owner(s) or Attorney Signature T foregoing was a kn w dged e m t is day of -TV L 20 11, , by W who is a(n) individuallpa nerlagenticorporation of a(n) iInd ividuallpartnersh1p!corporation. /She is personally known to me or who has produced as identification an ho di i no a e an oat,r- (Stamp) Rm 07-2013 Signature diem Pma-Geta NOTARY PUBLIC STATE OF FLORIDA Com rt# FFx33833 Expires &=019 Schedule 1 Owner Percentage of Ownershi Aron Rosenberg 28.21% David Rosenberg 14.48% Michael Rosenberg 14,41% Albert Rosenberg 3.41% Alice Rosenberg 9.59% Mordechai Rosenberg 3.74% Jack Fruchter 5.44% Lisa Fruchter 1.86% Sam Fruchter 0.33% Mitchel Twersky 1.26% Alan Hermes 2.53% Sam Baratz 1.01% Lee Wallach 3.79% Rubin Family 2.53% Gold Family 1.26% Michael Berger 3.54% Saul Kaszowitz 1.39% Shelby Rosenberg 0.23% Scott Sulzberger 1.01 TOTAL 100% {38684492;1) r 0 M z co N 06 r co 0 M z w N 0 _ 0 N d LO P M N V 0 0 cm 0 CL CL 0 co 06 _ 0 w �a Q CL Q _o M r d LL w C d E t V r w Q Schedule 2 Address Legal Description 2830 N Miami Ave 25 53 41 ST JAMES PK PB 3-65 LOTS 1 & 2 BLK 5 LOT SIZE 91.060 X 125 OR 19405-3107 1299 4 COC 24137-0339 01 20061 2916 NW 291h Street 25 53 41 ST JAMES PK PB 3-65 LOT 3 & LOTS 24-25-26 BLK 4 LOT SIZE IRREGULAR OR 16787-2902 0395 4 2994 N Miami Ave 25 53 41 ST JAMES PK PB 3-65 LOTS 1 & 2 BLK 4 LOT SIZE 92.000 X 125 OR 18955-0115 0100 1 COC 23592-0247 05 2001 1 {38684469;1} co 0 M z co N 06 r 0 M z N O N d Lo r M r N V O 87 _ O Q Q 7 co 06 _ O r M V Q Q Q _U M r d LL r _ d E L V Q COMPREHENSIVE PLANAPPLICATION 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. Owners Name(es)2994 NMA Gateway Properties LLC Percentage of Ownership Subject Property Address(es) Attached Schedule 1 28 NW 30 St, Miami, FL 33127 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): See attached Schedule 2 Steven J. Wernick Owners) or Attorney Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Legal Description(s): Owner(s) or Attorney Signature —1J [W e foregoing wa , acknowledged be me this V [ day of 20 , by %xeut/l who Is a(n) individuaUpartnerlagenticor oration of a(n) individuallpartnershiplcorporation el he is personally known to me or who has produced as identification an who did (dl not) take an oath. ,--T X — (Stamp) Signature Dian Pww.Gata NOTARY PUBLIC STATE OF FLORIDA Cor VM# FF233833 Expires 6/812019 Rev. 07-2013 Schedule 1 Owner Percentage of Ownership Aron Rosenberg 28.21% David Rosenberg 14.48% Michael Rosenberg 14.41% Albert Rosenberg 3.41% Alice Rosenberg 9.59% Mordechai Rosenberg 3.74% Jack Fruchter 5.44% Lisa Fruchter 1.86% Sam Fruchter 0.33% Mitchel Twersky 1.26% Alan Hermes 2.53% Sam Baratz 1,01% Lee Wallach 3.79% Rubin Family 2.53% Gold Family 1.26% Michael Berger 3.54% Saul Kaszowitz 1.39% Shelby Rosenberg 0.23% Scott Sulzberger 1.01% TOTAL 100% {38694492;1} r 0 M z co N 06 r 0 M z w N 0 _ 0 N d P M N V 0 0 a� E 0 CL CL m co 06 _ 0 w Q CL a M r d LL w C d E t V r w Q Schedule 2 Address Legal Description 2830 N Miami Ave 25 53 41 ST JAMES PK PB 3-65 LOTS 1 & 2 BLK 5 LOT SIZE 91.060 X 125 OR 19405-3107 1299 4 COC 24137-0339 01 20061 2916 NW 291h Street 25 53 41 ST JAMES PK PB 3-65 LOT 3 & LOTS 24-25-26 BLK 4 LOT SIZE IRREGULAR OR 16787-2902 0395 4 2994 N Miami Ave 25 53 41 ST JAMES PK PB 3-65 LOTS 1 & 2 BLK 4 LOT SIZE 92.000 X 125 OR 18955-0115 0100 1 COC 23592-0247 05 2001 1 {38684469;1} co 0 M z co N 06 r 0 M z N O N d Lo r M r N V O 87 _ O Q Q 7 co 06 _ O r M V Q Q Q _U M r d LL r _ d E L V Q of ��C�rIDA �Bppartwnt of #Iat r I certify from the records of this office that 2994 NMA GATEWAY PROPERTIES LLC, is a Delaware limited liability company authorized to transact business in the State of Florida, qualified on March 7, 2016. The document number of this limited liability company is M16000001953. I further certify that said limited liability company has paid all fees due this office through December 31, 2016, and its status is active. I further certify that said limited liability company has not filed a Certificate of Withdrawal. I further certify that this is an electronically transmitted certificate f� authorized by section 15.16, Florida Statutes, and authenticated by the code, 816A00004713 -030816-M16000001953-1/1, noted below. �H,. V� A. SOL Authentication Code: 816A000047.13 -030816-M16000001953-1/1 Given under my hand and the Great Seal of the State of Florida, illahassee, the Capital, this the :h day of March, 2016 VRAII kenT Bet?Gley �QfTQt��t�? State of Florida Department of State I certify from the records of this office that 2994 NMA GATEWAY PROPERTIES LLC is a Delaware limited liability company authorized to transact business in the State of Florida, qualified on March 7, 2016. The document number of this limited liability company is M16000001953. I further certify that said limited liability company has paid all fees due this office through December 31, 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 Twelveth day of July, 2016 Secretary of State Tracking Number: CU2978963336 To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https:Hservices.sunbiz.org/Filings/CertificateOfstatus/CertificateAuth entic atio n POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that 2994 NMA GATEWAY PROPERTIES LLC, a Florida Limited Liability Company, has made, constituted and appointed, and by these presents does make, constitute and appoint STEVEN J. WERNICK the true and lawful attorney for it and in its stead to execute all documents and instruments required with respect to its applications for a Comprehensive Plan Amendment and Rezoning under the requirements of the City of Miami Code of Ordinances and Miami 21 zoning code, submitted to the Office of Hearing Boards, for the property located at 26 NW 30th Street and 28 NW 30th Street, giving and granting unto STEVEN J. WERNICK its said attorney, full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done with respect to the application as fully, to all intents and purposes, as he might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that said attorney or his substitute shall lawfully do or cause to be done by virtue hereof. IN WITNESS WHEREOF, I have hereunto set my/our hand(s) and seal(s) this/25day of `� , 2016. Signed and delivered in the presence of: Witness Signature Witness Name STATE OF/) } SS: COUNTY OF,00�.� Tie foregoing instrument was acknowledged before me this Jl day of 4 by ���� �r+r�C�2G who is personally known to me or who have produced a as identification. NO Y PUBL C Print Name: fG. 1/c� f/ My commission expires: z r JACK G. FRUCHTER Notary Public, State of New York No, 02FR6073524 Ouaiified in Nassau County Commission Expiros April 22, 202 [38565326;1} J July 6, 2016 Inc. City of Miami Hearing Boards Division Planning, Building and Zoning Division 444 SW 2nd Avenue, 7th Floor Miami, Florida 33130 Re: Property Owners List Within 500 feet of: 25 53 41 ST JAMES PK PB 3-65 LOTS 1 THRU 5 & LOTS 24 THRU 26 26-28 NW 30 ST 2916-2994 N MIAMI AVE 16375 N.E. 18" Avenue Suite 300 Miami, FL 33162 (305)757-6884 1500 West Cypress Creek Rd. Suite 409 Ft. Lauderdale, FL 33309 (954) 761-9003 12230 Forest Hill Blvd. Suite 110 -SS Wellington, FL 33414 (561) 798-4423 WWW.FREDIFL.COM This is to certify that the attached ownership list, map and mailing labels are a complete and accurate representation of the real estate property and property owners within 500 feet of the subject property listed above.* This reflects the most current records on file in the Miami -Dade County Tax Assessor's office. Sincerely, M Aw,Ct i � Maureen E. Hudson CC: Erin Sutherland AKERMAN LLP Three Brickell City Centre 98 Southeast Seventh Street Miami, Florida 33131 Number of Labels: 76 *If property is declared to be a Condominium, only the Association is notified. 0 M z 0 N 06 r 0 M z N a� _ 0 N d (Y 0 M r 0131250040080 31 29 ST NE 25 53 41 WESTERN BLVD TRACT PB 1-108 LOTS 16-17 & 18 LOT SIZE 150.000 X 138 0131250040110 29 29 ST NE WESTERN BOULEVARD TRACT PB 1-108 LOT 19 & LOT 20 LOT SIZE 100.000 X 138 0131250040130 2827 MIAMI AVE N WESTERN BOULEVARD TRACT PB 1-108 N65.16FT OF LOT 23 LOT SIZE 65.160 X 50 0131250040140 2817 MIAMI AVE N WESTERN BOULEVARD TRACT PB 1-108 573.01FT OF LOT 23 & S112 LOT 24 LOT SIZE IRREGULAR 0131250040150 10 29 ST NE WESTERN BOULEVARD TRACT PB 1-108 N1/2 LOT 24 LOT SIZE 50.000 X 69 0131250040160 20 29 ST NE 25 53 41 PB 1-108 WESTERN BOULEVARD TRACT LOT 25 LOT SIZE 50.000 X 138 0131250040170 28 29 ST NE WESTERN BOULEVARD TRACT PB 1-108 LOT 26 LOT SIZE 50.000 X 138 0131250040180 40 29 ST NE WESTERN BOULEVARD TRACT PB 1-108 LOTS 27 & 28 LOT SIZE 100.000 X 138 29 NE 29 ST LLC 140 N FEDERAL HWY 200 BOCA RATON, FL 33432 29 NE 29 ST LLC 140 N FEDERAL HWY 200 BOCA RATON, FL 33432 ASSOCIATION FOR THE DEV 2801 N MIAMI AVE MIAMI, FL 33127-3931 ASSOC FOR DEV OF EXCEPTIONAL INC 2801 N MIAMI AVE MIAMI, FL 33127-3931 29 STREET LLC 2135 NW 1ST AVE MIAMI, FL 33127-4903 MIAMI DADE COUNTY ISD R/E MGMT 111 NW IST ST STE 2460 MIAMI, FL 33128-1929 29 STREET WAREHOUSES LLC 167 NW 25TH ST MIAMI, FL 33127-4417 29 STREET WAREHOUSES LLC 167 NW 25TH ST MIAMI, FL 33127-4417 Florida Real Estate Decisions, Inc. Page 1 of 15 0131250040190 29 ST WAREHOUSE LLC 44 29 ST NE 167 NW 25TH ST WESTERN BOULEVARD TRACT PB 1-108 MIAMI, FL 33127-4417 LOT 29 LOT SIZE 50.000 X 138 0131250040200 29 STREET WAREHOUSES LLC 50 29 ST NE 167 NW 25TH ST WESTERN BOULEVARD TRACT PB 1-108 MIAMI, FL 33127-4417 LOTS 30 & 31 LOT SIZE 13800 SQ FT 0131250050350 29 STREET WAREHOUSES LLC 61 28 ST NE 167 NW 25TH ST FLAGLER PK PB 4-89 MIAMI, FL 33127-4417 LOT 63 LOT SIZE 1750 SQUARE FEET 0131250050360 29 ST WAREHOUSES LLC 59 28 ST NE 167 NW 25TH ST FLAGLER PK PB 4-89 MIAMI, FL 33127-4417 LOT 65 LOT SIZE 1750 SQUARE FEET 0131250050380 JAMISON PROPERTIES LLC 37 28 ST NE 790 W 49TH ST FLAGLER PK PB 4-89 MIAMI BEACH, FL 33140-2604 LOTS 67-69 & 71 LOT SIZE 5250 SQ FT 0131250050400 NEWCOMB PROPERTIES #2 LLC 42 28 ST NE 5909 TURIN ST 25 53 41 FLAGLER PARK PB 4-89 CORAL GABLES, FL 33146-3245 LOTS 70-72-74 LOT SIZE 5250 SQUARE FEET 0131250050420 JAMISON PROPERTIES LLC 31 28 ST NE 790 W 49TH ST FLAGLER PK PB 4-89 MIAMI BEACH, FL 33140-2604 LOTS 73-75-77 & 79 LOT SIZE 7000 SQ FT 0131250050430 JUAN PEREZ LE 40 28 ST NE ANA RASA PEREZ LE FLAGLER PK PB 4-89 REM ANA MARIA PEREZ LOT 76 144 NW 30TH ST LOT SIZE 1750 SQUARE FEET MIAMI, FL 33127-3708 Florida Real Estate Decisions, Inc. Page 2 of 15 0131250050440 28 28 ST NE FLAGLER PK PB 4-89 LOTS 78 & 80 LOT SIZE 3500 SQUARE FEET 0131250050450 25 28 ST NE FLAGLER PK PB 4-89 LOT 81 LOT SIZE 1750 SQ FT 0131250050460 24 28 ST NE 25 53 41 FLAGLER PK PB 4-89 LOTS 82 & 84 LOT SIZE 3500 SQUARE FEET 0131250050470 17 28 ST NE 25 53 41 FLAGLER PARK PB 4-89 LOT 83 LESS E11FT & ALL LOTS 85 & 87 LOT SIZE IRREGULAR 0131250050480 21 28 ST NE 25 53 41 FLAGLER PK PB 4-89 E11FT OF LOT 83 LOT SIZE 825 SQ FT 0131250050490 20 28 ST NE 25 53 41 FLAGLER PK PB 4-89 LOTS 86 & 88 LOT SIZE 3500 SQUARE FEET 0131250050510 2811 MIAMI AVE N FLAGLER PK PB 4-89 LOTS 89-91-93 LOT SIZE 5250 SQUARE FEET 0131250060110 37 27 ST NE HALCYON HGTS PB 3-116 LOT 20 LOT SIZE 7000 SQUARE FEET FILIBERTO VAZQUEZ &W NIDIA H 28 NE 28TH ST MIAMI, FL 33137-4411 JUAN PEREZ LE ANA ROSA PEREZ LE REM ANA MARIA PEREZ 144 NW 30TH ST MIAMI, FL 33127-3708 OMM PROJECT INC 8600 NW 53RD TER MIAMI, FL 33166-4536 ASSOC FOR DEV OF EXCEPTIONAL INC 2801 N MIAMI AVE MIAMI, FL 33127-3931 CITY OF MIAMI 444 SW 2ND AVE MIAMI, FL 33130-1910 OMM PROJECT INC 2751 N MIAMI AVE STE 7 MIAMI, FL 33127-4439 ASSOC FOR DEV OF EXCEPTIONAL INC 2801 N MIAMI AVE MIAMI, FL 33127-3931 NEWCOMB PROPERTIES #2 LLC 5909 TURIN ST CORAL GABLES, FL 33146-3245 Florida Real Estate Decisions, Inc. 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Page 14 of 15 0131250780070 BUENA VISTA WEST PB 161-78 T-21737 TR G LOT SIZE 12048 SQ FT 0131250780080 BUENA VISTA WEST PB 161-78 T-21737 TR H LOT SIZE 7136 SQ FT 0131250830001 2700 MIAMI AVE N CYNERGI CONDO DONMOORE VILLA AMD PL PB 6-7 LOTS 1 THRU 5 & LOT 22 THRU 25 LESS R/W BLK 4 AS DESC IN DECL 26384-0586 LOT SIZE 50525 SQ FT 0131250830001 2700 MIAMI AVE N CYNERGI CONDO DONMOORE VILLA AMD PL PB 6-7 LOTS 1 THRU 5 & LOT 22 THRU 25 LESS R/W BLK 4 AS DESC IN DECL 26384-0586 LOT SIZE 50525 -SQ FT 0131250280230 3030 1 AVE NW 25 53 41 ST JAMES PK PB 3-65 S46FT OF N92FT OF LOT 1 & 2 BLK 2 LOT SIZE 46.000 X 105 MIDTOWN OPPORTUNITIES XIB LLC 9100 S DADELAND BLVD STE 1600 MIAMI, FL 33156-7817 MIDTOWN OPPORTUNITIES XIIB LLC 9100 S DADELAND BLVD STE 1600 MIAMI, FL 33156-7817 CYNERGI CONDOMINIUM ASSOCIATION, INC AGI REGISTERED AGENTS, INC. 1000 BRICKELL AVE, STE 300 MIAMI, FL 33131 CYNERGI CONDOMINIUM ASSOCIATION, INC. HUGO AMAYA - OFFICER/DIRECTOR 2700 N MIAMI AVE, STE 208 MIAMI, FL 33127 MANUEL A FIGUEROA NOEMI FIGUEROA 3030 NW 1 AVE MIAMI, FL 33127-3702 Florida Real Estate Decisions, Inc. Page 15 of 15 WG-TR- 9- 8 ffi mak° D13D s o s ' I o o i o2400b p.1 n a iMA9 r - b. L 0070 1 Y�s I i 1 ea ,000 , '�• � a a1OQQ21 UW- $ y • I I 1 0 s $ s•11 41 a a I i 0¢o4 101 w o$ g d s I s o a ` .N 061 le n m n a n 01 I aaro o] la f m ]I q) 1 D a l D n fe m jt0411°Jfe I s m eeb 1 s g 0460 0 60 �' o 1° e m R 8, S S 3 $ 6 07'30 6 1--'—' Y---•—'—.—.—.—..,_.. — SS p y v 12 011 , lo B I b 4 3 ] 1 I n Z i 0150 I f I I ! 41601 o I /D 6180 i E 0 0 'e D a 0 1 e j f4. oAAl,, 30 g 71 �� I I i Is o S o It i m( t� o e S9 Ac� s] i 1s . n I i 1 Val — y� 1351 r^i 1 aS 120 —1Yf0 i 144W 0 1360 NI 1370 o 4401 1 n n a x. a a n�.11 a 1760 > '. 1210 > 380 rll': m W 34TH 5T J.."2:nvl'svt+w'}5.'S^•N+�lFaI.TFNYz1�+4�1'•—.—.—.—•—_—..—.—•—. :[,—r•y,rise.,. � —•—. yF, r g 1, 190 ! 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I �A (1.0614) P.�•�,1 0020 ! g U. DD52 (2.2BAc.) 043Ac ! 1 1 i —Bt90— NE3 TST oD3o (t.BA M (F; 0080 1462 Ac) t0. g g o 4`i I m �D IIf �III ± 00_7 io.27 A.) c 110 1190 00 (pe1q"oJ 06, 101 123C N]1a 1310'1302 fO.ee As•.) I �A (1.0614) 0020 n 0 ' 1 —Bt90— fO.ee As•.) I �A (1.0614) 0130 pp I 097Q 0 a ,s le o ] 1 u `B76A ]I ,x Ipe1 fo n w U ] 1 n 7 m POFI h`) I I ! 1 I 0020 n 0 ' 1 —Bt90— 0130 pp I 097Q 0 a ,s le o ] 1 u `B76A ]I ,x Ipe1 fo n w U ] 1 n 7 m POFI h`) I I ! 1 I 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: Steven J. Wernick [First Name (Middle) (LastName) HOME ADDRESS: Akerman, LLP CITY: Miami 98 SE 7th Street, Suite 1100 (Address ane 2 STATE: Florida ZIP: 33131 HOME PHONE: (3 0 5) 982-5579 CELL PHONE: EMAIL: steven. werni ck@ake rman. com FAX: (305) 374-5095 BUSSINESS or APPLICANT or ENTITY NAME 2994 NMA Gateway Properties LLC BUSINESS ADDRESS: 28 West 36 Street, 3rd Floor (Address Line New York, NY 10018 (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. Applicant seeking approval for (1) zoning change from T5-0 to T6-8-0 for 26 and 28 NW 30 Street, and (2) future land use designation change from Medium Density Multifamily Resi- denital to General Commercial for 28 NW 30 St. 2. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action? YES 0 NO If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer questions 3,4 & 5 and read and execute the Acknowledgement. Doc. No 86543 3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. Name Address Phone# a. b. C. * Additional names can be placed on a separate page attached to this form. 4. Please describe the nature of the consideration. 5. Describe what is being requested in exchange for the consideration. 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 ord PERSON SUBMITTING DISCLOSURE: Signature Steven J. Wernick Print Name Sworn to and subscribed before me this ILA day of j=A Kj 204_V_. The foregoing instrument was acknowledged before me by-V-e\i'P_V2j /j�t-n 1 [yivho has produced as identification and/or is person ally known to me and who did/did not take an oath. STATE OF FLORIDA'r BLISUINEYM SAI FXPIA CITY OF MIAMI _.. :.: MY COMMISSION 1 FF 91 ES: December 21 MY COMMISSION11 ��„• eonaa�M�Pu�b LW EXPIRES: �o� -Q 1-\ S3\1S ICA lr`� 9D111�12 Print Name Enclosure(s) Doc. No.:85543 Page 2 X City of Miami Public School Concurrent Concurrency Management System Entered Requirements Pubic Hearing Applicant Fields Information Application Type Pubic Hearing Application Sub -Type Zoning Application Name 26 NW 30 St and 28 NW 30 St Rezoning Application Phone * 306-982-5579 Application Email * steven.wernick@akerman.com Application Address * 26-28 NW 30 Street, Miami, FL 33127 Contact Fields Information Contact Name * Steven J. Wernick Contact Phone * 305-982-5579 Contact Email * steven.wemick@akerman.com Local Govt. Name City of Miami Local Govt. Phone 305-416-1400 Local Govt. Email nfirremandezMmiamicov.com; ilisc miami ov.com Local Govt. App. Number t4FFIcmt. USE ONLY) Property Fields Information Master Folio Number " 01-3125-028-0651; 01-3125-028-0660 Additional Folio Number Total Acreage * 0.32 Proposed Land UselZonin * T6-8 Single -Family Detached Units * 0 Single -Family Attached Units (Duplex) * 0 Multi -Family Units * 48 Total # of Units * 48 Redevelopment Information (MUSPs) - 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 to be re -platted as deemed by the Total government. The number of units to be Input Into the CMS is the net difference belvreen the existing vested number of unfts and the newly proposed number of units. Example: an existing 20 -unit structure wolf be lom down for redevelopment. The newly proposed development calls for 40 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 Steven J. Werntek 0wner(s)IAttorneylApphcant Name Owner(syAttorneylApplicant Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE he oregoing %vas a wl ed bore me this { day of 1A 20,by who is a(n) individuallpartnerlagent/corporation or ) individuaUpsrtnership!corporation. HelShe is personally known to me w o Nas pro uced as identification and who did (did not) take an oath, (Stamp)...... :y - BIJSLAINEY M, SAINT MY COMMISSION # FF 919693 + tj, EXPIRES: December 21,2019 Ar °1. ' Handed Thru Notary Public Undonmritars *' City of Miami } Public School Concurrency Application Type Concurrency Management System Entered Requirements Applicant Fields Information Application Type Public Hearing Application Sub -Type Land Use Application Name * 28 NW 30 St Future Land Use Change Application Phone 305-982-5579 Application Email steven.wernick@akerman.com Application Address * 28 NW 30 Street, Miami, FL 33127 Contact Fields Information Contact Name * Steven J. Wemick Contact Phone "` 305-982-5579 Contact Email * steven.wernick@akerman.com Local Govt. Name City of Miami Local Govt. Phone 305-416-1400 Local Govt. Email mirfernandcz(s%miamigay.com; ellis2111iami ov.com Local Govt. App. Number (OFFICIAL USE ONLY) Property Fields Information Master Folio Number * 01-3125-028-0660 Additional Folio Number Total Acreage 0.16 Proposed Land Use/Zoning '` General Commercial Sin te-Family Detached Units * 0 Single -Family Attached Units (Duplex) '` 0 Multi -Family Units 8 Total # of Units 8 Redevelopment information (MUSPs) - 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 to he re-ptalted 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 calls for 40 Iota; units. Local govemmen! shall input 20 units in the CMS (net diNerence between the 20 units vested less the newly proposed d urdls). Required Fields for Application ' Steven J. Wernick Owner(s)/Attomey/Applicant Name 0%vner(s)/Attorney/Applicant Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE e foregoing o I d before me d fI� 1� 20 , by who is a(n) lndividuaUpartner/agent/corporation of ay.Q n) individual/partnership/corporation. Hc/She is rsonall knowntom or w o has pro aced as identification and who did (did not) take an oath. (Stamp) BUSLAINEYM.SAINZ *i ;r MY COMMISSION # FF 919693 EXPIRES: December 21, 2019 (r Bonded Thru Notary public Underwriters Dear Constituent: Welcome to the City of Miami! This package is intended to provide you with all open Code Enforcement violations and liens attached to the subject property, or properties, as of the current date and time the followincLreport was created. Closed violations and future violations are not included. A violation may become a lien when the property owner does not timely remedy the violation. This report may include two types of liens: Certified liens and non -certified liens. Certified liens have a set amount to be paid. Conversely, most non -certified liens continue to accrue interest or a per diem fine; therefore, those liens must be satisfied with the City as quickly as possible. All outstanding violations and liens must be satisfactorily resolved before the City can issue a Certificate of Use (CU); however, the City inspects all properties prior to the issuance of a CU and those inspections may yield additional items, which must be addressed by the owner at the property prior to issuance of a CU. This search does not include encumbrances, other liens, restrictions or the like, recorded in the Public Records of Miami -Dade County, Florida. Please contact Miami -Dade County for the aforementioned items. Code Violation/Lien Inquiry Letter Page 1 of 5 r U) 0 M z 00 N 06 CO 0 M z N C O N d M r Erin Sutherland 98 SE 7 Street Miami FL 33131 City of Miami pyQ'�ui::: nP`w FC[7y Y V� Property Search Notice 07/11/2016 Per your request (copy attached), the undersigned has searched the records of the Director of Finance in and for the City of Miami, Florida, for any liens and other fees outstanding against the following described property as of: 07/11/2016. The result is valid up to 30 days from the processing date. In addition, due to daily penalty and interest calculations, the amount shown is subject to change as reflected below. Folio Number: Property Address: Legal Description: Amount Payable On: 01-3125-028-0660 28 NW 30 ST 25 53 41 ST JAMES PK PB 3-65 LOT 5 BLK 4 LOT SIZE 50.000 X 138 OR 13632-1756 0288 4 07/10/2016 to 08/10/2016 0.00 This notice does not include liens imposed by federal, state, county or City agencies or boards or any other liens recorded in the public records of Miami -Dade County. Jose M. Fernandez Finance Director To ensure proper credit of your payment, include a copy of all pages of the property search findings along with your payment and mail to: City of Miami, Treasury Management/Payment Processing, 444 SW 2nd Avenue, 6th Floor, Room 636-1, Miami, FL 33130. If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 2 of 5 Erin Sutherland 98 SE 7 Street Miami FL 33131 Folio Number: Property Address: Legal Description: Lien No. (Case Number) City of Miami LSC\ UF' •fY J� i 17 � f►.T.�IY.%�IZif11] 28 NW 30 ST 25 53 41 ST JAMES PK PB 3-65 LOT 5 BLK 4 LOT SIZE 50.000 X 138 OR 13632-1756 0288 4 Property Search Findings - Pending Liens Description If you have any questions, please call (305) 416-1570. Please retain this page for your records. 07/11/2016 Address Page 3 of 5 City of Miami LSC\ UF' •fY J� i Erin Sutherland 98 SE 7 Street Miami FL 33131 07/11/2016 Folio Number: 01-3125-028-0660 Property Address: 28 NW 30 ST Legal Description: 25 53 41 ST JAMES PK PB 3-65 LOT 5 BLK 4 LOT SIZE 50.000 X 138 OR 13632-1756 0288 4 Property Search Findings - Open Invoices Invoice Reference No. Lien No. Description Amount Due Sub -Total 0.00 If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 4 of 5 OF C o, F tiv�Q Folio Number: Violations Detail Report 01-3125-028-0660 NO OPEN VIOLATIONS FOUND. Page 5 of 5 Dear Constituent: Welcome to the City of Miami! This package is intended to provide you with all open Code Enforcement violations and liens attached to the subject property, or properties, as of the current date and time the followincLreport was created. Closed violations and future violations are not included. A violation may become a lien when the property owner does not timely remedy the violation. This report may include two types of liens: Certified liens and non -certified liens. Certified liens have a set amount to be paid. Conversely, most non -certified liens continue to accrue interest or a per diem fine; therefore, those liens must be satisfied with the City as quickly as possible. All outstanding violations and liens must be satisfactorily resolved before the City can issue a Certificate of Use (CU); however, the City inspects all properties prior to the issuance of a CU and those inspections may yield additional items, which must be addressed by the owner at the property prior to issuance of a CU. This search does not include encumbrances, other liens, restrictions or the like, recorded in the Public Records of Miami -Dade County, Florida. Please contact Miami -Dade County for the aforementioned items. Code Violation/Lien Inquiry Letter Page 1 of 5 r U) 0 M z 00 N 06 CO 0 M z N C O N d M r Erin Sutherland 98 SE 7 St Miami FL 33131 City of Miami pyQ'�ui::: nP`w FC[7y Y V� Property Search Notice 07/11/2016 Per your request (copy attached), the undersigned has searched the records of the Director of Finance in and for the City of Miami, Florida, for any liens and other fees outstanding against the following described property as of: 07/11/2016. The result is valid up to 30 days from the processing date. In addition, due to daily penalty and interest calculations, the amount shown is subject to change as reflected below. Folio Number: Property Address: Legal Description: Amount Payable On: 01-3125-028-0651 26 NW 30 ST 25 53 41 ST JAMES PK PB 3-65 LOT 4 BLK 4 LOT SIZE 50.000 X 138 OR 18352-3905 0998 1 COC 22659-079108 2004 1 07/10/2016 to 08/10/2016 0.00 This notice does not include liens imposed by federal, state, county or City agencies or boards or any other liens recorded in the public records of Miami -Dade County. Jose M. Fernandez Finance Director To ensure proper credit of your payment, include a copy of all pages of the property search findings along with your payment and mail to: City of Miami, Treasury Management/Payment Processing, 444 SW 2nd Avenue, 6th Floor, Room 636-1, Miami, FL 33130. If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 2 of 5 Erin Sutherland 98 SE 7 St Miami FL 33131 Folio Number: Property Address: Legal Description: Lien No. (Case Number) City of Miami LSC\ UF' •fY J� i 17wf►.TOUP .1S1141I 26 NW 30 ST 25 53 41 ST JAMES PK PB 3-65 LOT 4 BLK 4 LOT SIZE 50.000 X 138 OR 18352-3905 0998 1 COC 22659-079108 2004 1 Property Search Findings - Pending Liens Description If you have any questions, please call (305) 416-1570. Please retain this page for your records. 07/11/2016 Address Page 3 of 5 City of Miami LSC\ UF' •fY J� i Erin Sutherland 98 SE 7 St Miami FL 33131 07/11/2016 Folio Number: 01-3125-028-0651 Property Address: 26 NW 30 ST Legal Description: 25 53 41 ST JAMES PK PB 3-65 LOT 4 BLK 4 LOT SIZE 50.000 X 138 OR 18352-3905 0998 1 COC 22659-0791 08 2004 1 Property Search Findings - Open Invoices Invoice Reference No. Lien No. Description Amount Due Sub -Total 0.00 If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 4 of 5 OF C o, F tiv�Q Folio Number: Violations Detail Report 01-3125-028-0651 NO OPEN VIOLATIONS FOUND. Page 5 of 5 CITY COMMISSION FACT SHEET File ID: (ID # 1288) Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE MAP DESIGNATION OF REAL PROPERTY LOCATED AT APPROXIMATELY 20 SOUTHEAST 10 STREET, MIAMI, FLORIDA, FROM "RESTRICTED COMMERCIAL" WITH AN URBAN CENTRAL BUSINESS DISTRICT ("UCBD") OVERLAY TO "PUBLIC PARKS AND RECREATION" WITH AN "UCBD" OVERLAY, THUS REPEALING ORDINANCE NO. 13396, ADOPTED ON JUNE 27, 2013; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. LOCATION: 20 S.E. 10 Street [Commissioner Ken Russell - District 2] APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of City of Miami PURPOSE: Changing the land use designation from "Restricted Commercial" with an Urban Central District "UCBD" Overlay to "Public Parks and Recreation", thus repealing Ordinance No. 13396. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on October 19, 2016, by a vote of 7-1. CITY COMMISSION: First Reading scheduled for December 8, 2016. City of Miami Legislation Ordinance File Number: 1288 City Hall 3500 Pan Ameican Drive Miami, FL 33133 www.miamigov.com Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE MAP DESIGNATION OF REAL PROPERTY LOCATED AT APPROXIMATELY 20 SOUTHEAST 10 STREET, MIAMI, FLORIDA, FROM "RESTRICTED COMMERCIAL" WITH AN URBAN CENTRAL BUSINESS DISTRICT ("UCBD") OVERLAY TO "PUBLIC PARKS AND RECREATION" WITH AN "UCBD" OVERLAY, THUS REPEALING ORDINANCE NO. 13396, ADOPTED ON JUNE 27,2013; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission, at its meeting on June 27, 2013, following an advertised public hearing at which all interested persons were afforded the opportunity to be heard, adopted Ordinance No. 13396, which amended Ordinance No. 10544, as amended, the Future Land Use Map ("FLUM") of the Miami Comprehensive Neighborhood Plan ("MCNP"), pursuant to small scale amendment procedures subject to Section 163.3187, Florida Statutes, by changing the FLUM designation of real property located at approximately 20 Southeast 10 Street, Miami, Florida ("Property") from "Public Parks and Recreation" with an "Urban Central Business District" ("UCBD") Overlay to "Restricted Commercial" with an UCBD Overlay; and WHEREAS, subsequent to that date, litigation and related proceedings involving multiple parties have precluded the realization of the public benefits that were envisioned by the foregoing legislation; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on October 19, 2016, following an advertised public hearing, adopted Resolution No. PZAB-R-16- 063 by a vote of seven to one (7-1), Item No. PZABA, recommending APPROVAL of the Repeal of Ordinance No. 13396, adopted on June 27, 2013, as set forth; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami ("City") and its inhabitants to repeal Ordinance No. 13396; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted and incorporated as if fully set forth in this Section. Section 2. The City Commission finds and concludes that: a. Ordinance No. 13396 is hereby repealed and shall be of no force and effect for any or all purposes. b. The City Clerk is hereby directed to reflect in the records of the City the repeal of Ordinance No. 13396 and any notations to the effect of such repeal made by the City Clerk are hereby approved. c. The Property and will revert to the FLUM designation that existed prior to the enactment of Ordinance No.13396. d. The City Manager or his designee is hereby directed to enter into the records of the City the act of the City Commission repealing Ordinance No. 13396 and to cause the FLUM designation of the Property to be designated as "Public Parks and Recreation" with an UCBD Overlay. Section 3. All rights, actions, and proceedings of the City, including the City Commissioners, the City Manager, or any of its departments, boards or officers undertaken pursuant to the existing Code provisions, shall be enforced, continued or completed, in all respects, as though begun or executed hereunder. Section 4. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.' APPROVED AS TO FORM AND CORRECTNESS 'This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. Miami Planning, Zoning and Appeals Board Resolution: PZAB-R-16-063 File ID 1091 October 19, 2016 Item PZABA Ms. Maria Beatriz Gutierrez offered the following resolution and moved its adoption: A RESOLUTION OF THE MIAMI PLANNING, ZONING, AND APPEALS BOARD RECOMMENDING APPROVAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, REPEALING ORDINANCE NO. 13396, ADOPTED ON JUNE 27, 2013, AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, THAT CHANGED THE FUTURE LAND USE MAP DESIGNATION OF REAL PROPERTY LOCATED AT APPROXIMATELY 20 SOUTHEAST 10 STREET, MIAMI, FLORIDA, FROM "PUBLIC PARKS AND RECREATION" WITH AN "URBAN CENTRAL BUSINESS DISTRICT" ("UCBD") OVERLAY TO "RESTRICTED COMMERCIAL" WITH A "UCBD" OVERLAY; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. Upon being seconded by Ms. Melody L. Torrens the motion passed and was adopted by a vote of 7-1: Ms. Jennifer Ocana Barnes Mr. Chris Collins Ms. Maria Lievano-Cruz Mr. Charles A. Garavaglia Mr. Adam Gersten Ms. Maria Beatriz Gutierrez Mr. Daniel Milian Mr. Juvenal Pina Ms. Melody L. Torrens Mr. Manuel J. Vadillo Francis o Garcia, Director Planning and Zoning Department STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) Yes Yes Absent No Yes Yes Yes Absent Yes Yes Execution Dafe Personally appeared before me, the undersigned authority, Olaa Zamora, Clerk of the Planning, Zoning and Appeals Board of the City of Miami, Florida, and acknowledges that he executed the foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS 4 DAY OF DGL-, 2016. Print Notary Name u lic N tary PState of Florida Personally knowy/ or Produced I.D. My Commission Expires: Type and number of I.D. produced Did take an oath or Did not take an oath BEATRIZALVAREZ Page 1 of 1 MY COMMISSION # FF 071860 � A.-jzEXPIRES: November 20, 2017 od;c;°"' Bonded Thru Notary Public Undenvrkers vaaq� * tntonr Datta i IltitR`�mv v City of Miami Planning and Zoning ANALYSIS FOR COMPREHENSIVE PLAN APPLICATION File ID: 16-00662lu Applicant(s): Daniel J. Alfonso, City Manager, on behalf of the City of Miami 3500 Pan American Drive, Miami, Fl. 33133 Location: Approximately 20 Southeast 10th Street (3,092 sq. ft.) Miami, FI. 33130 Commission District Commissioner Ken Russell - District 2 Net District Office: Downtown NET A. REQUEST Pursuant to Policy LU -1.6.3 of the Miami Comprehensive Neighborhood Plan (MCNP), the request is to repeal Ordinance 13396, adopted on June 27, 2013, which amended Ordinance No. 10544, the Future Land Use Map (FLUM) of the MCNP by changing the FLUM designation of the property at 20 SE 10 ST from "Public Parks and Recreation" with an "Urban Central Business District" overlay to "Restricted Commercial" with an "Urban Central Business District" overlay. The request would revert the existing Future Land Use Designation from "Restricted Commercial" with an Urban Central Business District overlay to "Public Parks and Recreation" with an Urban Central Business District overlay. The request is submitted subsequent to litigation and related proceedings involving multiple parties that precluded the realization of the public benefits that were envisioned by Ordinance 13396. A change to the Miami 21 Zoning Atlas corresponding to this proposed change to the Future Land Use Map is required as a companion item (File ID No. 16-00662zc). C�; ANALYSIS FOR FUTURE LAND USE CHANGE REQUEST Approximately 20 Southeast 10t`' Street File ID 06-00613lu REQUEST The proposal is for a change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan from "Public Parks and Recreation" to "Restricted Commercial". (A complete legal description is on file at the Hearing Boards Office). FUTURE LAND USE Miami Comprehensive Neighborhood Plan (MCNP) Policy LU -1.6.1 established future land use categories according to the 2020 Future Land Use Map and the "Interpretation of the Future Land Use Map." The "Public Parks and Recreation" designation's primary intent is to conserve open space and green spaces of a park while allowing access and uses which will not interfere with the preservation of any significant environmental features which may exist within the park. This land use designation allows only open space and park uses with recreational and cultural uses where the total building footprints may cover no more than 25% of the park land area. Both passive and active recreational uses shall be permitted including but not limited to nature trails, interpretive centers, picnic areas, playgrounds, canoe trails and launches, small conces- sion stands, restrooms, gyms, swimming pools, athletic fields, cultural facilities, marine and ma- rina facilities and other facilities supporting passive and active recreational and cultural uses. Lands under this designation with specific qualities that make them desirable for commercial photography shall be allowed to be used in this manner conditionally, and only when it is deter- mined that conducting such commercial photography will not endanger significant environmen- tal features within the area. The "Restricted Commercial" designation allows residential uses (except rescue missions) to a maximum density equivalent to "High Density Multifamily Residential" (500 Dwelling Units per Acre within the Brickell Residential Density Increase Area) subject to the same limiting condi- tions and a finding by the Planning Director that the proposed site's proximity to other residen- tially zoned property makes it a logical extension or continuation of existing residential devel- opment and that adequate services and amenities exist in the adjacent area to accommodate the needs of potential residents; transitory residential facilities such as hotels and motels. This category also allows general office use; clinics and laboratories, auditoriums, libraries, conven- tion facilities, places of worship, and primary and secondary schools. Also allowed are commer- cial activities that generally serve the daily retailing and service needs of the public, typically requiring easy access by personal auto, and often located along arterial or collector roadways, which include: general retailing, personal and professional services, real estate, banking and other financial services, restaurants, saloons and cafes, general entertainment facilities, private clubs and recreation facilities, major sports and exhibition or entertainment facilities and other commercial activities whose scale and land use impacts are similar in nature to those uses de- scribed above. This category also includes commercial marinas and living quarters on vessels as permissible. ATTACHMENT A The nonresidential portions of developments within areas designated as "Restricted Commer- cial" allow a maximum floor lot ratio (FLR) of 7.0 times the net lot area of the subject property; such FLR may be increased upon compliance with the detailed provisions of the applicable land development regulations; however, may not exceed a total FLR of 11.0 times the net lot area of the subject property. Properties designated as "Restricted Commercial" in the Edgewater Area allow a maximum floor lot ratio (FLR) of 17.0 times the net lot area of the subject property. Properties designated as "Restricted Commercial" in the Urban Central Business District and Buena Vista Yards Regional Activity Center allows a maximum floor lot ratio (FLR) of 37.0 times the net lot area of the subject property. All such uses and mixes of uses shall be subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements. Nonresidential floor area is the floor area that supports nonresidential uses within the inside pe- rimeter of the outside walls of the building including hallways, stairs, closets, thickness of walls, columns and other features, and parking and loading areas, and excluding only open air corri- dors, porches, balconies and roof areas. DISCUSSION The subject area consists of approximately 0.069 acres that make up the northeastern portion of a parcel that is located on the triangular block bounded by SE 10'" Street to the north, S Miami Avenue to the west, SE 1st Avenue (Brickell Plaza) to the east, and approximately SE 12'" Street to the south. The site and the surrounding areas are currently designated "Restricted Commercial" with an "Urban Central Business District" and "Brickell Residential Density Increase Area" overlay. The subject site is in the DOWNTOWN/BRICKELL NET area. ANALYSIS The Planning Department is recommending APPROVAL of the application as presented based on the following findings: Policy PR -2.1.1 establishes that the City has a no -net -loss policy for public park land and will adopt procedures to this effect for park land in the City Zoning Ordinances, as described in the 2007 Parks and Public Spaces Master Plan. These will allow only recreation and cultural facilities to be built on park land, will limit building footprint on any such land, will require that conversion of park land for any other purposes be subject to public procedures, and replace the converted park land with land similar in park, recreation or conservation value in terms of usefulness and location. This amendment complies with this policy since a companion amendment protects approximately 0.071 acres of park land on the same block while this amendment converts only 0.069 acres to "Restricted Commercial". 2 MCNP Goal LU -1 states that the City will maintain a land use pattern that (1) protects and enhances the quality of life in the City's neighborhoods; (2) fosters redevelopment and revitalization of blighted or declining areas; (3) promotes and facilitates economic development and the growth of job opportunities in the city, (4) fosters the growth and development of downtown as a regional center of domestic and international commerce, culture and entertainment; (5) promotes the efficient use of land and minimizes land use conflicts while protecting and preserving residential sections within neighborhoods; (6) protects and conserves the city's significant natural and coastal resources; and (7) protects the integrity and quality of the City's existing neighborhoods by insuring public notice, input and appellant rights regarding changes in existing zoning and land use regulations. This amendment will allow for a more efficient use of the parcel thus allowing for greater development potential within the downtown area and encourage downtown's growth as a regional center of domestic and international commerce, culture and entertainment. The area is surrounded by high intensity development so there will be no land use conflicts. The land is well served by infrastructure and would serve more efficiently if it permitted higher densities. MCNP Objective LU -1.4 states that the City will continue the growth of Downtown Miami, expand its role as a center of domestic and international commerce, further its development as a regional center for the performing arts and other cultural and entertainment activities and develop an urban residential base. This amendment will increase the potential to develop an urban residential base and expand the role of Downtown as an international commerce center by making the development of the site more efficient. MCNP Policy LU -1.6.10 states that the City's land development regulations and policies will allow for the provision of safe and convenient on-site traffic flow and vehicle parking and will provide access by a variety of transportation modes, including pedestrianism, bicycles, automobiles, and transit. The area is directly served by the City of Miami Biscayne Brickell Trolley Route, 4 Metrobus routes, and the Brickell Key Shuttle. It is in close proximity to the Brickell Metrorail, Metromover, and Bus Transfer Stations. The area is therefore very well served by public transportation. • MCNP Policy LU -3.1.3 designates the Downtown Miami Master Plan area an Urban Central Business District in order to increase the Development of Regional Impact threshold for development within those portions of downtown Miami that are not already in the DRI area. The entire subject area is located within the Urban Central Business District and is therefore appropriate for very high densities. MCNP Policy TR -1.1.1 states that the City hereby adopts designation of the City, excluding Virginia Key, Watson Island and the uninhabited islands of Biscayne Bay that have a land use and zoning classification of Conservation, as an Urban Infill Area pursuant to Miami - Dade County's designation of an Urban Infill Area lying generally east of the Palmetto Expressway and including all of the City of Miami. Within this area, the concentration and intensification of development around centers of activity shall be emphasized with the goals of enhancing the livability of residential neighborhoods and the viability of commercial areas. Priority will be given to infill development on vacant parcels, adaptive reuse of underutilized land and structures, the redevelopment of substandard sites, downtown revitalization and the development of projects that promote public transportation. Maintenance of transportation levels of service within this designated Urban Infill Transportation Concurrency Exception Area shall be in accordance with the adopted Transportation Corridors level of service standards and the City of Miami Person -Trip Methodology as set forth in Policies TR -9.1.2 and TR -9.9.3 of the Transportation Element of the MCNP. (See Land Use Policy LU -1.9.11.) The subject area is located within the Urban Infill Area/Transportation Concurrency Exception Area. The subject site is located in downtown area and the redevelopment, concentration and intensification of development will be encouraged by this amendment. The site is served by public transportation and can support very high densities. Goal 11 of the Strategic Regional Policy Plan for South Florida states to encourage and support the implementation of development proposals that conserve the Region's natural resources, rural and agricultural lands, green infrastructure and: utilize existing and planned infrastructure where most appropriate in urban areas; enhance the utilization of regional transportation systems; incorporate mixed -land use developments; recycle existing developed sites; and provide for the preservation of historic sites. This change is consistent with this goal and related policies. • MCNP Land Use Policy 1.1.1 provides that new development or redevelopment that results in an increase in density or intensity of land use shall be contingent upon availability of public facilities and services that meet or exceed the minimum LOS standards adopted in the Capital Improvement Element. This Future Land Use amendment will maintain LOS requirements. • The Miami 21 zoning designation currently approved for the site is CS — "Civic Space". The proposed designation is T6-4813-0 — "Urban Core". These findings support the position that the Future Land Use Map at this location and for this neighborhood should be changed. 4 CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT Proposal No 06-00613lu IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP Date: 912112012 WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION TRAFFIC CIRCULATION Exfiiltraton System Before Change CONCURRENCY ANALYSIS ExIillrat on System After Change Applicant Iris Escarra as attorney on behalf of Brickell Flat Iron LLC as applicar it RECREATION AND OPEN SPACE SOLID WASTE COLLECTION & City of Miami municipal company. Population Increment, Residents Population Increment, Residents 90 Address: 20 SE 10 ST Excess Capacity Before Change Space Requirement, acres 012 Boundary Streets: North. SE 10 ST East: SE 1 AV Excess Capacity Before Change 182.80 South: SE 11 ST West: S MIAMI AV Excess Capacity After Change 182.68 Proposed Change: From: Public Parks and Recreation Concurrency Checkoff OK 'o. Restricted Commercial Existing Designation, Maximum Land Use Intensity POTABLE WATER TRANSMISSION Residential 0.0700 acres @ 0 DU/acne 0 DU's Population Increment, Residents 90 Peak Hour Person -Trip Generation, Residential 0 Transmission Requirement, gpd 20,149 Other sq.ft. @ FAR 0 sq.ft. Excess Capacity Before Change >2% above demand Peak Hour Person -Trip Generation, Other Excess Capacity After Change >2% above demand Concurrency Checkoff OK Proposed Designation, Maximum Land Use Intensity Residential 0.0700 acres @ 500 DU/acre Peak Hour Person -Trip Generation, Residential Other sq.ft. @ FAR Peak Hour Person -Trip Generation. Other Net Increment With Proposed Change: Population Dwelling Units Peak Hour Person -Trips 35 DU's SANITARY SEWER TRANSMISSION 19 Population Increment, Residents 0 sq.ff. Transmission Requirement, gpd 0 Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff 90 35 19 Planning District DOWNTOWN County Wastewater Collection Zone 309 Drainage Subcatchment Basin K1 Solid Waste Collection Route 218 Transportation Corridor Name BRICKELL AV RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Larw use coal w -t toee anacnmern I) Land Use Objective LU -1 1 Land Use Policy 1.1.1 Capital Improvements Goal Cl -1 Capital Improvement Objective CI -1.2 Capital Improvements Policy 123 a-9 90 16.641 See Note 1. See Note 1. WASA Permit Required STORM SEWER CAPACITY TRAFFIC CIRCULATION Exfiiltraton System Before Change On-site ExIillrat on System After Change On-site Concurrency Checkoff OK SOLID WASTE COLLECTION LOS Alter Change 8 Population Increment, Residents 90 Solid Waste Generation, tonslyear 115 Excess Capacity Before Change 800 Excess Capacity After Change 685 Concurrency Checkoff OK NOTES I Permd for Sanealry !ewer CpnnKUaw must at Issued by Matto Oade water ono Seller Aumonry Depadmml (WASH) Excess apecdy. If sny. is cunenpy not known Rarctsd Cdnreroel Alt w modaMen uwr (iwepi rem+e m.ea .0 to a mwnwm densly ~.W 1 b � Omar/ tAncla7ny Reuder�aar euapcl b ea tame Mmeirtq mrNi6onc ary acwily.vd,dnd r rw'Oifge' deyrnnen ea aep tie sa cobs estanwerad ackhveae rhd genetKy ren. ee sap reterrp and t&tuok n&Ws d Ne puhlc 7pC*,."V4 my s ass by pararAd exa, and Oran 'mtao"&last as aborta raewaye, W%M n Ivft: 9VWW rind.,% pa wet ere plplaaamal eeruteS. rad W.M. ba*Jnq ell odor 1Mmlf 01VIOU. 1441weme SSW& AN CAL 9MeMd Mie OAMW lacansa pMao tubs and ramsW reunites, major sports ell exlleMion or enlenaunrlleni fadeisa all other Commercial aHli nas*1,084 note and land use Impacts afe antler In nature to Inose uses descnbel above, places of worship, and pdmary and SeWndary aEhbola rhes re4e901V also MOW" COMMO(Nal manna& and tunny quarters on vessels as pemnaelble CM-1—IN 03/13/90 ASSUMPTIONS AND COMMENTS Population increment is assumed to be all new residents. Peak•penod trip generation Is based on ITE Trip Generation, 51h Edilion at 1.4 ppv average occupancy for private passenger vehicles. Transportation Corridor capacities and LOS are from Table PT-2(Rl), Transportation Corridors report. Potable water and wastewater transmission capacities are in accordance with Metro -Dade County staled capacities and are assumed correct. Service connections to water and sewer mains are assumed to be of adequate size, if not, new connections are to be installed at owners expense- Recreation/Open Space acreage requirements are assumed with proposed change made TRAFFIC CIRCULATION Population Increment, Residents 90 Peak -Hour Person -Trip Generation 19 LOS Before Change B LOS Alter Change 8 Concuffency Checkoff OK NOTES I Permd for Sanealry !ewer CpnnKUaw must at Issued by Matto Oade water ono Seller Aumonry Depadmml (WASH) Excess apecdy. If sny. is cunenpy not known Rarctsd Cdnreroel Alt w modaMen uwr (iwepi rem+e m.ea .0 to a mwnwm densly ~.W 1 b � Omar/ tAncla7ny Reuder�aar euapcl b ea tame Mmeirtq mrNi6onc ary acwily.vd,dnd r rw'Oifge' deyrnnen ea aep tie sa cobs estanwerad ackhveae rhd genetKy ren. ee sap reterrp and t&tuok n&Ws d Ne puhlc 7pC*,."V4 my s ass by pararAd exa, and Oran 'mtao"&last as aborta raewaye, W%M n Ivft: 9VWW rind.,% pa wet ere plplaaamal eeruteS. rad W.M. ba*Jnq ell odor 1Mmlf 01VIOU. 1441weme SSW& AN CAL 9MeMd Mie OAMW lacansa pMao tubs and ramsW reunites, major sports ell exlleMion or enlenaunrlleni fadeisa all other Commercial aHli nas*1,084 note and land use Impacts afe antler In nature to Inose uses descnbel above, places of worship, and pdmary and SeWndary aEhbola rhes re4e901V also MOW" COMMO(Nal manna& and tunny quarters on vessels as pemnaelble CM-1—IN 03/13/90 ASSUMPTIONS AND COMMENTS Population increment is assumed to be all new residents. Peak•penod trip generation Is based on ITE Trip Generation, 51h Edilion at 1.4 ppv average occupancy for private passenger vehicles. Transportation Corridor capacities and LOS are from Table PT-2(Rl), Transportation Corridors report. Potable water and wastewater transmission capacities are in accordance with Metro -Dade County staled capacities and are assumed correct. Service connections to water and sewer mains are assumed to be of adequate size, if not, new connections are to be installed at owners expense- Recreation/Open Space acreage requirements are assumed with proposed change made io, /a��� //: Brickell 500 Uni r r OOM at AIN.ij� 500 Uni 0 150 300 600 Feet ADDRESS: 20 SE 10 STREET ANALYSIS FOR FUTURE LAND USE CHANGE REQUEST Approximately 20 Southeast 10th Street File ID 06-00613lu REQUEST The proposal is for a change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan from "Public Parks and Recreation" to "Restricted Commercial". (A complete legal description is on file at the Hearing Boards Office). FUTURE LAND USE Miami Comprehensive Neighborhood Plan (MCNP) Policy LU -1.6.1 established future land use categories according to the 2020 Future Land Use Map and the "Interpretation of the Future Land Use Map." The "Public Parks and Recreation" designation's primary intent is to conserve open space and green spaces of a park while allowing access and uses which will not interfere with the preservation of any significant environmental features which may exist within the park. This land use designation allows only open space and park uses with recreational and cultural uses where the total building footprints may cover no more than 25% of the park land area. Both passive and active recreational uses shall be permitted including but not limited to nature trails, interpretive centers, picnic areas, playgrounds, canoe trails and launches, small conces- sion stands, restrooms, gyms, swimming pools, athletic fields, cultural facilities, marine and ma- rina facilities and other facilities supporting passive and active recreational and cultural uses. Lands under this designation with specific qualities that make them desirable for commercial photography shall be allowed to be used in this manner conditionally, and only when it is deter- mined that conducting such commercial photography will not endanger significant environmen- tal features within the area. The "Restricted Commercial" designation allows residential uses (except rescue missions) to a maximum density equivalent to "High Density Multifamily Residential" (500 Dwelling Units per Acre within the Brickell Residential Density Increase Area) subject to the same limiting condi- tions and a finding by the Planning Director that the proposed site's proximity to other residen- tially zoned property makes it a logical extension or continuation of existing residential devel- opment and that adequate services and amenities exist in the adjacent area to accommodate the needs of potential residents; transitory residential facilities such as hotels and motels. This category also allows general office use; clinics and laboratories, auditoriums, libraries, conven- tion facilities, places of worship, and primary and secondary schools. Also allowed are commer- cial activities that generally serve the daily retailing and service needs of the public, typically requiring easy access by personal auto, and often located along arterial or collector roadways, which include: general retailing, personal and professional services, real estate, banking and other financial services, restaurants, saloons and cafes, general entertainment facilities, private clubs and recreation facilities, major sports and exhibition or entertainment facilities and other commercial activities whose scale and land use impacts are similar in nature to those uses de- scribed above. This category also includes commercial marinas and living quarters on vessels as permissible. MCNP Goal LU -1 states that the City will maintain a land use pattern that (9) protects and enhances the quality of life in the City's neighborhoods; (2) fosters redevelopment and revitalization of blighted or declining areas; (3) promotes and facilitates economic development and the growth of job opportunities in the city; (4) fosters the growth and development of downtown as a regional center of domestic and international commerce, culture and entertainment; (5) promotes the efficient use of land and minimizes land use conflicts while protecting and preserving residential sections within neighborhoods; (6) protects and conserves the city's significant natural and coastal resources; and (7) protects the integrity and quality of the City's existing neighborhoods by insuring public notice, input and appellant rights regarding changes in existing zoning and land use regulations. This amendment will allow for a more efficient use of the parcel thus allowing for greater development potential within the downtown area and encourage downtown's growth as a regional center of domestic and international commerce, culture and entertainment. The area is surrounded by high intensity development so there will be no land use conflicts. The land is well served by infrastructure and would serve more efficiently if it permitted higher densities. MCNP Objective LU -1.4 states that the City will continue the growth of Downtown Miami, expand its role as a center of domestic and international commerce, further its development as a regional center for the performing arts and other cultural and entertainment activities and develop an urban residential base. This amendment will increase the potential to develop an urban residential base and expand the role of Downtown as an international commerce center by making the development of the site more efficient. MCNP Policy LU -1.6.10 states that the City's land development regulations and policies will allow for the provision of safe and convenient on-site traffic flow and vehicle parking and will provide access by a variety of transportation modes, including pedestrianism, bicycles, automobiles, and transit. The area is directly served by the City of Miami Biscayne Brickell Trolley Route, 4 Metrobus routes, and the Brickell Key Shuttle. It is in close proximity to the Brickell Metrorail, Metromover, and Bus Transfer Stations. The area is therefore very well served by public transportation. • MCNP Policy LU -3.1.3 designates the Downtown Miami Master Plan area an Urban Central Business District in order to increase the Development of Regional Impact threshold for development within those portions of downtown Miami that are not already in the DRI area. The entire subject area is located within the Urban Central Business District and is therefore appropriate for very high densities. CONCURRENCY MANAGEMENT ANALYSIS CIT`/ OF MIAMI PLANNING DEPARTMENT Proposal No 06-00613lu IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP Date: 912112012 WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION SANITARY SEWER TRANSMISSION 19 CONCURRENCY ANALYSIS 0 sq.fl. Applicant Iris Escarra as attorney on behalf of Brickell Flat Iron LLC as applica ,1 RECREATION AND OPEN SPACE & City of Miami municipal company. Population Increment, Residents 90 Address: 20 SE 10 ST Space Requirement, acres 012 Boundary Streets: North: SE 10 ST East: SE 1 AV Excess Capacity Before Change 182.80 South: SE 11 ST West: S MIAMI AV Excess Capacity After Change 182.68 Proposed Change: From: Public Parks and Recreation Concurrency Checkoff OK 'o: Restricted Commercial Existing Designation. Maximum Land Use Intensity POTABLE WATER TRANSMISSION Residential 0.0700 acres ® 0 DU/acre 0 DU's Population Increment, Residents 90 Peak Hour Person -Trip Generation, Residential 0 Transmission Requirement, gpd 20,149 Other sq.". @ FAR 0 sq.ft. Excess Capacity Before Change >2% above demand Peak Hour Person -Trip Generation, Other Excess Capacity After Change >2% above demand Concurrency Checkoff OK Proposed Designation, Maximum Land Use Intensity Residential 0.0700 acres @ 500 DUlacre Peak Hour Person -Trip Generation, Residential Other sq. ft. @ FAR Peak Hour Person -Trip Generation. Other Net Increment With Proposed Change: Population Dwelling Units Peak Hour Person -Trips Planning District County Wastewater Collection Zone Drainage Subcalchment Basin Solid Waste Collection Route Transportation Corridor Name 35 DU's SANITARY SEWER TRANSMISSION 19 Population Increment, Residents 0 sq.fl. Transmission Requirement, gpd 0 Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff 90 35 19 DOWNTOWN 309 STORM SEWER CAPACITY Exfillrat on System Before Change Exfiltrat on System After Change Concurrency Checkoff K1 SOLID WASTE COLLECTION 218 Population Increment, Residents BRICKELL AV Solid Waste Generation, tonslyear Excess Capacity Before Change RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Excess Capacity After Change Concurrency Checkoff Land Use Goal LU -1 (See attachment 1) Land Use Objective LU -1.'I Land Use Policy 1.1.1 Capital Improvements Goal CI -1 Capital Improvements Objective CI -1.2 Capital Improvements Policy 1.2-3 a-9, NOTES f Parrsd fa aan huy afar ednrnedlon mit of Issued by Mafia Odea Water and Sewer Arno" Depadman (WASH) Excess upACny. It any. It Cwtititq ria known Raee,daaC undid: Allow nedanee uest(cuimpl raw»+r loam—W d6n&q"wWr1b 'tbp Densly MCNenrq R.rdawd' *^Ad Io ee soros amends mMsons, any acaviq;aiudad n 1w'(W.W ds"mw ae will a as well as,i;ani rad acwfia dial yMwmay ralw @'a aaer Mahvii MM fames meas d the pubk wo rap irm any s¢aas by wand ata. rte often Fraaee"enrol ncnradel neawys. wrier odutle: W,*nd MIaA @, PWWg1d me polasama sanvew, nal wNM. ear0.lnp ew ebur rdanoul sernosa. raefwaMs, sitaft W caps drnael enhrtrnneM IacKes. pmrde does and 'Woo mt IIWMIOS� Maier aporia aro e7Ull011tOn or entlNfainMarlt WIftes and other COMMSM&I Acthdiles whose 3bi s and Iona use Impacts we ander In nature to those uses described 1111IM. pieces d wbr@hrp. And prtmoy and secondary schools This category else mWudas commercial mann@& and Wing Quartan on vessels me pamilssible CM-1—IN 03/13/90 TRAFFIC CIRCULATION Population Increment, Residents Peak-HDur Person -Trip Generation LOS Before Change LOS After Change Concurrency Checkoff 90 16.641 See Note 1. See Note 1. WASA Permit Required On-site On-site OK 90 115 800 685 OK 90 19 BI B OK ASSUMPTIONS AND COMMENTS Population increment Is assumed to be all new residents. Peak•penod trip generation Is based on ITE Top Generation, 51h Edtion at 1A ppv average occupancy for private passenger vehicles. Transporlation Corridor capacities and LOS are from Table PT -2(R1), TransponationConidors reporl. Potable water and wastewater transmission capacities are in accordance with Metro-Oade County slated capacities and are assumed coned. Service connections to water and sewer mains are assumed to be of adequate size, if not, new connections are to be installed at owners expense. Recreation/Open Space acreage requirements are assumed with proposed change made URBAN CENTRAL BUSINESS DISTRICT Brickell 500 Uni 0 150 300 600 Feet ' ' ' I ' ' ' I ADDRESS: 20 SE 10 STREET r CO 0 r W CO 0 N N N C J 00 co N r to Q ft; 06 to C Q 00 00 N r 0 N U- r_ N E t V r r a ANALYSIS FOR FUTURE LAND USE CHANGE REQUEST Approximately 20 Southeast 10th Street File ID 06-00613lu REQUEST The proposal is for a change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan from "Public Parks and Recreation" to "Restricted Commercial". (A complete legal description is on file at the Hearing Boards Office). FUTURE LAND USE Miami Comprehensive Neighborhood Plan (MCNP) Policy LU -1.6.1 established future land use categories according to the 2020 Future Land Use Map and the "Interpretation of the Future Land Use Map." The "Public Parks and Recreation" designation's primary intent is to conserve open space and green spaces of a park while allowing access and uses which will not interfere with the preservation of any significant environmental features which may exist within the park. This land use designation allows only open space and park uses with recreational and cultural uses where the total building footprints may cover no more than 25% of the park land area. Both passive and active recreational uses shall be permitted including but not limited to nature trails, interpretive centers, picnic areas, playgrounds, canoe trails and launches, small conces- sion stands, restrooms, gyms, swimming pools, athletic fields, cultural facilities, marine and ma- rina facilities and other facilities supporting passive and active recreational and cultural uses. Lands under this designation with specific qualities that make them desirable for commercial photography shall be allowed to be used in this manner conditionally, and only when it is deter- mined that conducting such commercial photography will not endanger significant environmen- tal features within the area. The "Restricted Commercial" designation allows residential uses (except rescue missions) to a maximum density equivalent to "High Density Multifamily Residential" (500 Dwelling Units per Acre within the Brickell Residential Density Increase Area) subject to the same limiting condi- tions and a finding by the Planning Director that the proposed site's proximity to other residen- tially zoned property makes it a logical extension or continuation of existing residential devel- opment and that adequate services and amenities exist in the adjacent area to accommodate the needs of potential residents; transitory residential facilities such as hotels and motels. This category also allows general office use; clinics and laboratories, auditoriums, libraries, conven- tion facilities, places of worship, and primary and secondary schools. Also allowed are commer- cial activities that generally serve the daily retailing and service needs of the public, typically requiring easy access by personal auto, and often located along arterial or collector roadways, which include: general retailing, personal and professional services, real estate, banking and other financial services, restaurants, saloons and cafes, general entertainment facilities, private clubs and recreation facilities, major sports and exhibition or entertainment facilities and other commercial activities whose scale and land use impacts are similar in nature to those uses de- scribed above. This category also includes commercial marinas and living quarters on vessels as permissible. The nonresidential portions of developments within areas designated as "Restricted Commer- cial" allow a maximum floor lot ratio (FLR) of 7.0 times the net lot area of the subject property; such FLR may be increased upon compliance with the detailed provisions of the applicable land development regulations; however, may not exceed a total FLR of 11.0 times the net lot area of the subject property. Properties designated as "Restricted Commercial" in the Edgewater Area allow a maximum floor lot ratio (FLR) of 17.0 times the net lot area of the subject property. Properties designated as "Restricted Commercial" in the Urban Central Business District and Buena Vista Yards Regional Activity Center allows a maximum floor lot ratio (FLR) of 37.0 times the net lot area of the subject property. All such uses and mixes of uses shall be subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements. Nonresidential floor area is the floor area that supports nonresidential uses within the inside pe- rimeter of the outside walls of the building including hallways, stairs, closets, thickness of walls, columns and other features, and parking and loading areas, and excluding only open air corri- dors, porches, balconies and roof areas. DISCUSSION The subject area consists of approximately 0.069 acres that make up the northeastern portion of a parcel that is located on the triangular block bounded by SE 10th Street to the north, S Miami Avenue to the west, SE 1s' Avenue (Brickell Plaza) to the east, and approximately SE 12th Street to the south. The site and the surrounding areas are currently designated "Restricted Commercial" with an "Urban Central Business District" and "Brickell Residential Density Increase Area" overlay. The subject site is in the DOWNTOWN/BRICKELL NET area. ANALYSIS The Planning Department is recommending APPROVAL of the application as presented based on the following findings: Policy PR -2.1.1 establishes that the City has a no -net -loss policy for public park land and will adopt procedures to this effect for park land in the City Zoning Ordinances, as described in the 2007 Parks and Public Spaces Master Plan. These will allow only recreation and cultural facilities to be built on park land, will limit building footprint on any such land, will require that conversion of park land for any other purposes be subject to public procedures, and replace the converted park land with land similar in park, recreation or conservation value in terms of usefulness and location. This amendment complies with this policy since a companion amendment protects approximately 0.071 acres of park land on the same block while this amendment converts only 0.069 acres to "Restricted Commercial". 2 • MCNP Goal LU -1 states that the City will maintain a land use pattern that (1) protects and enhances the quality of life in the City's neighborhoods; (2) fosters redevelopment and revitalization of blighted or declining areas; (3) promotes and facilitates economic development and the growth of job opportunities in the city; (4) fosters the growth and development of downtown as a regional center of domestic and international commerce, culture and entertainment; (5) promotes the efficient use of land and minimizes land use conflicts while protecting and preserving residential sections within neighborhoods; (6) protects and conserves the city's significant natural and coastal resources; and (7) protects the integrity and quality of the City's existing neighborhoods by insuring public notice, input and appellant rights regarding changes in existing zoning and land use regulations. This amendment will allow for a more efficient use of the parcel thus allowing for greater development potential within the downtown area and encourage downtown's growth as a regional center of domestic and international commerce, culture and entertainment. The area is surrounded by high intensity development so there will be no land use conflicts. The land is well served by infrastructure and would serve more efficiently if it permitted higher densities. • MCNP Objective LU -1.4 states that the City will continue the growth of Downtown Miami, expand its role as a center of domestic and international commerce, further its development as a regional center for the performing arts and other cultural and entertainment activities and develop an urban residential base. This amendment will increase the potential to develop an urban residential base and expand the role of Downtown as an international commerce center by making the development of the site more efficient. • MCNP Policy LU -1.6.10 states that the City's land development regulations and policies will allow for the provision of safe and convenient on-site traffic flow and vehicle parking and will provide access by a variety of transportation modes, including pedestrianism, bicycles, automobiles, and transit. The area is directly served by the City of Miami Biscayne Brickell Trolley Route, 4 Metrobus routes, and the Brickell Key Shuttle. It is in close proximity to the Brickell Metrorail, Metromover, and Bus Transfer Stations. The area is therefore very well served by public transportation. • MCNP Policy LU -3.1.3 designates the Downtown Miami Master Plan area an Urban Central Business District in order to increase the Development of Regional Impact threshold for development within those portions of downtown Miami that are not already in the DRI area. The entire subject area is located within the Urban Central Business District and is therefore appropriate for very high densities. 3 MCNP Policy TR -1.1.1 states that the City hereby adopts designation of the City, excluding Virginia Key, Watson Island and the uninhabited islands of Biscayne Bay that have a land use and zoning classification of Conservation, as an Urban Infill Area pursuant to Miami - Dade County's designation of an Urban Infill Area lying generally east of the Palmetto Expressway and including all of the City of Miami. Within this area, the concentration and intensification of development around centers of activity shall be emphasized with the goals of enhancing the livability of residential neighborhoods and the viability of commercial areas. Priority will be given to infill development on vacant parcels, adaptive reuse of underutilized land and structures, the redevelopment of substandard sites, downtown revitalization and the development of projects that promote public transportation. Maintenance of transportation levels of service within this designated Urban Infill Transportation Concurrency Exception Area shall be in accordance with the adopted Transportation Corridors level of service standards and the City of Miami Person -Trip Methodology as set forth in Policies TR -1.1.2 and TR -1.1.3 of the Transportation Element of the MCNP. (See Land Use Policy LU -1.1.11.) The subject area is located within the Urban Infill Area/Transportation Concurrency Exception Area. The subject site is located in downtown area and the redevelopment, concentration and intensification of development will be encouraged by this amendment. The site is served by public transportation and can support very high densities. Goal 11 of the Strategic Regional Policy Plan for South Florida states to encourage and support the implementation of development proposals that conserve the Region's natural resources, rural and agricultural lands, green infrastructure and: utilize existing and planned infrastructure where most appropriate in urban areas; enhance the utilization of regional transportation systems; incorporate mixed -land use developments; recycle existing developed sites; and provide for the preservation of historic sites. This change is consistent with this goal and related policies. MCNP Land Use Policy 1.1.1 provides that new development or redevelopment that results in an increase in density or intensity of land use shall be contingent upon availability of public facilities and services that meet or exceed the minimum LOS standards adopted in the Capital Improvement Element. This Future Land Use amendment will maintain LOS requirements. The Miami 21 zoning designation currently approved for the site is CS — "Civic Space". The proposed designation is T6 -48B-0 — "Urban Core". These findings support the position that the Future Land Use Map at this location and for this neighborhood should be changed. 4 CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT Proposal No 06-00613lu IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP Date: 9/2112012 WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION CONCURRENCY ANALYSIS Applicant Iris Escarra as attorney on behalf of Brickell Flat Iron LLC as applicar it RECREATION AND OPEN SPACE 8r City of Miami municipal company. Population Increment, Residents 90 Address: 20 SE 10 ST Space Requirement, acres 012 Boundary Streets. North: SE 10 ST East; SE 1 AV Excess Capacity Before Change 182.80 South. SE 11 ST West: S MIAMI AV Excess Capacity After Change 182.68 Proposed Change' From: Public Parks and Recreation Concurrency Checkoff OK To: Restricted Commercial Existing Designation, Maximum Land Use Intensity POTABLE WATER TRANSMISSION Residential 0.0700 acres @ 0 DU/acre 0 DU's Population Increment, Residents 90 Peak Hour Person -Trip Generation, Residential 0 Transmission Requirement, gpd 20,149 Other sq.fl. @ FAR 0 sq.fl. Excess Capacity Before Change >2%n above demand Peak Hour Person -Trip Generation, Other Excess Capacity After Change >2% above demand Concurrency Checkoff OK Proposed Designation, Maximum Land use Intensity Residential 0.0700 acres @ 500 DU/acre 35 DU's SANITARY SEWER TRANSMISSION Peak Hour Person -Trip Generation, Residential 19 Population Increment, Residents 90 Other sq.fl. @ FAR 0 sq.ft. Transmission Requirement, gpd 16,641 Peak Hour Person -Trip Generation, Other 0 Excess Capacity Before Change See Note 1. Excess Capacity After Change See Note 1. Net Increment With Proposed Change: Concurrency Checkoff WASA Permit Required Population 90 Dwelling Units 35 STORM SEWER CAPACITY Peak Hour Person -Trips 19 Exfiltration System Before Change On-site ExfiItration System After Change On-site Planning District DOWNTOWN Concurrency Checkoff OK County Wastewater Collection Zone 309 Drainage Subcatchment Basin K1 SOLID WASTE COLLECTION Solid Waste Collection Route 218 Population Increment, Residents 90 Transportation Comdor Name BRICKELL AV Solid Waste Generation, tonslyear 115 Excess Capacity Before Change 800 RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Excess Capacity After Change 685 Concurrency Checkoff OK Land Use Goal LU -1 (See attachment 1) Land Use Objective LU -1.1 TRAFFIC CIRCULATION Land Use Policy 1,1.1 Population Increment, Residents 90 Capital Improvements Goal CI -1 Peak -Hour Person -Trip Generation 19 Capital Improvements Objective CI -1.2 LOS Before Change B Capital Improvements Policy 1.2.3 8-g LOS After Change B Concurrency Checkoff OK NOTES t Pio and for sandary sewer connection must be Issued by Metro ciade Wareraorl Sewer Aurhonry pepanm or (WASA) Excees capacity, if any Is ru renuv ria uwwn Reatnaed Comrerai. 0.soN readanan uaee lorapt rasaue muoorrm) toe mulmun deadly arwru den! m 'WP bannry lautelairly Reeds coir "Act Ie hire seine 1~9 eondibaft arty raNety nduded in tw Y7lrree' degyrNt" as Nell a as well as wm-9 a Vvidea chat gnwr,tJr varve is dah mia;4ng and sere" needs W lbs putk 0Kally requlnng saw t U by pawfl r tura. end 7,len'aurdt rung ernnr m uNentor raosreys, .noir include: pe^wr reWmg, pea�lr and prolesymar eervKws. res aslrie. Oan4ing eye o9ar linen" wvl restaurants, saloons one utas. general nlwianmenl laoeMs. pmaladaos and Fa tion teGtmaS, major sports and exnibdion or entanalnment (aCtRrMs and other commercial aCtivdres wlroad a cele and bund use Impaaa are suriar In nature to Mose uses described above, places of worshipand primary and secondary schools Title category also includes comme-al mannaa and living Quarters on vessels ae pennlssrbla CM-1—IN 03/13/90 ASSUMPTIONS AND COMMENTS Population tncrement is assumed to be all new residents. Peak-penod trip generation Is based on ITE Tnp Generation, 5th Edition at 1.4 ppv average occupancy for private passenger vehicles. Transportation Corridor capacities and LOS are from Table PT -2(R1), Transpodabon Corridors report. Potable water and wastewater transmission capacities are in accordance with Metro -Dade County staled capacities and are assumed correct Service connections to water and sewer mains are assumed to be of adequale size, if not, new connections are to be installed at owners expense. RecreationlOpen Space acreage requirements are assumed with proposed change made FUTURE LAND USE MAP (EXISTING) 0150 300 600 Feet ADDRESS: 20 SE 10 ST FUTURE LAND USE MAP (PROPOSED) 0150 300 600 Feet ADDRESS: 20 SE 10 ST W "lot: ° . .. m � _ ' 1.11■■ii - � +9' SW 9TH ST SE 9TH ST ". SW 10TH ST y SF 70 01 L w 7I 4i� Q, � � � S +Y �• , G L y SW 11THIST j SW 12TH STCO r • 0150 300 600 Feet ! ! ! I ! ! ! I ADDRESS: 20 SE 10 STREET CITY COMMISSION FACT SHEET File ID: (ID # 1289) Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF THE PROPERTY LOCATED AT APPROXIMATELY 20 SOUTHEAST 10 STREET, MIAMI FLORIDA FROM "76-4813-0", URBAN CORE TRANSECT ZONE -OPEN, TO "CS", CIVIC SPACE TRANSECT ZONE, THUS REPEALING ORDINANCE NO. 13397, ADOPTED ON JUNE 27, 2013; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. LOCATION: 20 SE 10 Street [Commissioner Ken Russell - District 2] APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on October 19, 2016, by a vote of 7-1. CITY COMMISSION: First Reading scheduled for December 8, 2016. PURPOSE: Changing the zoning classification from "T6 -48B-0" to "CS", thus repealing Ordinance No. 13397. City of Miami Legislation Ordinance File Number: 1289 City Hall 3500 Pan Ameican Drive Miami, FL 33133 www.miamigov.com Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF THE PROPERTY LOCATED AT APPROXIMATELY 20 SOUTHEAST 10 STREET, MIAMI FLORIDA FROM 76-4813-0", URBAN CORE TRANSECT ZONE -OPEN, TO "CS", CIVIC SPACE TRANSECT ZONE, THUS REPEALING ORDINANCE NO. 13397, ADOPTED ON JUNE 27,2013; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission, at its meeting on June 27, 2013, following an advertised public hearing at which all interested persons were afforded the opportunity to be heard, adopted Ordinance No. 13397 which amended the Zoning Atlas of Ordinance No. 13114, as amended, by changing the zoning classification from "CS", Civic Space Transect Zone to 76-4813-0", Urban Core Transect Zone -Open, for the property located at approximately 20 Southeast 10 Street, Miami, Florida ("Property"); and WHEREAS, subsequent to that date, litigation and related proceedings involving multiple parties have precluded the realization of the public benefits that were envisioned by the foregoing legislation; and WHEREAS, the Planning, Zoning and Appeals Board (TZAB"), at its meeting on October 19, 2016, following an advertised public hearing, adopted Resolution No. PZAB-R-16- 064 by a vote of seven to one (7-1), Item No. PZAB.5, recommending APPROVAL of the Repeal of Ordinance No. 13397, adopted on June 27, 2013, as set forth; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami ("City") and its inhabitants to repeal Ordinance No. 13397; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted and incorporated as if fully set forth in this Section. Section 2. The City Commission finds and concludes that: a. Ordinance No. 13397 is hereby repealed and shall be of no force and effect for any or all purposes. b. The City Clerk is hereby directed to reflect in the records of the City the repeal of Ordinance No. 13397 and any notations to the effect of such repeal made by the City Clerk are hereby approved. c. The Property will revert to the zoning classification of "CS", Civic Space Transect Zone, that existed prior to the enactment of Ordinance No. 13397. d. The City Manager or his designee is hereby directed to enter into the records of the City the act of the City Commission repealing Ordinance No. 13397 and to cause the zoning classification of the Property to be classified in the Zoning Atlas as "CS", Civic Space Transect Zone. Section 3. All rights, actions, and proceedings of the City, including the City Commissioners, the City Manager, or any of its departments, boards or officers undertaken pursuant to the existing Code provisions, shall be enforced, continued or completed, in all respects, as though begun or executed hereunder. Section 4. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.' APPROVED AS TO FORM AND CORRECTNESS 'This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. Miami Planning, Zoning and Appeals Board Resolution: PZAB-R-16-064 File ID 1118 October 19, 2016 Item PZAB.5 Ms. Maria Beatriz Gutierrez offered the following resolution and moved its adoption: A RESOLUTION OF THE MIAMI PLANNING, ZONING, AND APPEALS BOARD RECOMMENDING APPROVAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, REPEALING ORDINANCE NO. 13397, ADOPTED ON JUNE 27, 2013, WHICH AMENDED THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, THAT CHANGED THE ZONING CLASSIFICATION FROM "CS" CIVIC SPACE ZONE TO "76-4813-0" URBAN CORE ZONE, FOR THE PROPERTY LOCATED AT APPROXIMATELY 20 SOUTHEAST 10 STREET, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. Upon being seconded by Ms. Melody L. Torrens the motion passed and was adopted by a vote of 7-1: Ms. Jennifer Ocana Barnes Mr. Chris Collins Ms. Maria Lievano-Cruz Mr. Charles A. Garavaglia Mr. Adam Gersten Ms. Maria Beatriz Gutierrez Mr. Daniel Milian Mr. Juvenal Pina Ms. Melody L. Torrens Mr. Manuel J. Vadlllo Francisco arcia, Director PlanrllLng.and Zoning Department STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) Yes Yes Absent No Yes Yes Yes Absent Yes Yes t6 � 1� 1 ('0 Execution D,hte Personally appeared before me, the undersigned authority, Olga Zamora, Clerk of the Planning, Zoning and Appeals Board of the City of Miami, Florida, and acknowledges that he executed the foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS DAY OF _, 2016. Z A�V(21-r2_ d)241z, Print Notary Name / Notary Public State of Florida Personally know V or Produced I.D. My Commission Expires: Type and number of I.D. produced (:I Did take an oath or Did not take an oath sigY >p" •'- BEA7RIZ ALVAREZ *; *: MY COMMISSION # FF 071860 oXPIRES: November 20, 2017 hru Newry Public Underwiters Page 1 of 1 City of Miami Planning and Zoning Department 16P98 �:^ Land Development Section ANALYSIS FOR CHANGE OF ZONING File ID: 16-00662zc Applicant(s): Daniel J. Alfonso, City Manager, on behalf of the City of Miami 3500 Pan American Drive, Miami, FI. 33133 Location: Approximately 20 Southeast 10th Street (3,092 sq. ft.) Miami, FI. 33130 Commission District Commissioner Ken Russell - District 2 Net District Office: Downtown NET A. GENERAL INFORMATION: REQUEST: Pursuant to Article 7, Section 7.1.2.8.2.b.1, of Ordinance 13114, as amended, the "Zoning Ordinance of the City of Miami" to repeal Ordinance 13397, adopted on June 27, 2013; and request per litigation and related proceedings involving multiple parties, to revert the existing zoning back to "Civic Space Transect Zone" (CS) with "Urban Central Business District" from "Urban Core Transect Zone (T6 -48B-0)" with "Urban Central Business District" for 20 Southeast 10"' Street (3,092 sq. ft.) Miami, FI. 33130 (Folio 01-020-7030-1099) in order to accurately reflect its original designation of "Public Parks", do to changing conditions that would result in an improved pedestrian realm to the urban core. A change to the Future Land Use Map (FLUM) classification corresponding to the proposed Transect Zone changes would be required as a companion item (File ID No. 16-006621u). B. RECOMMENDATION: Based on the aforementioned information request, the Department Planning and Zoning recommends to revert back and repeal Ordinance 13397, adopted on June 27, 2013; to "Public Park and Recreation" with "Urban Central Business District" /,c feline this m Chief of Land Development Attachment: File-06-00613zc AEP 9/21/2016 w U) 0 W U) 0 N CD _ O N d fY 00 N r f!1 Q 06 f!1 CE _ Q 00 fV 0 a� LL w a� E t w w Q MIAMI 21 (EXISTING) 16-00662zc CS SW 10TH ST' SE' 107 -HIST 20 SE 10 ST T6!48B-O co Q CO T N 0 45 90 180 Feet I:1Vrol1210uL �00 N T" 0 _d LL ADDRESS: 20 SE 1C Q MIAMI 21 (PROPOSED) 16-00662zc CS SW 10TH ST' SE' 107 -HIST 20 SE 10 ST acs:7 Q � co 11 C0� rT W T N 0 45 90 180 Feet BRICKELL FINANCI N SETBACK AREA c a co N r d U- C d !3 'F ,! 1 11 4— ADDRESS: ADDRESS: 20 SE 1C co 0 T - LU 0) 0 N c 0 N d rn co N Q' G ca BRICKELL FINANCI N SETBACK AREA c a co N r d U- C d !3 'F ,! 1 11 4— ADDRESS: ADDRESS: 20 SE 1C AERIAL 16-00662lu/zc 0 62.5 125 250 Feet ADDRESS: 20 SE 1C A