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HomeMy WebLinkAboutPZAB 06-3-15 Supporting DocumentationPZAB.3 PLANNING, ZONING AND APPEALS BOARD FACT SHEET File ID: 15-00406zc Quasi -Judicial Title: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T4-0 "GENERAL URBAN TRANSECT ZONE OPEN" WITH MIAMI DESIGN DISTRICT SPECIAL AREA PLAN TO T5- 0 "URBAN CENTER TRANSECT ZONE OPEN"; AND T3 -L "SUB -URBAN TRANSECT ZONE LIMITED" TO T4-0 "GENERAL URBAN TRANSECT ZONE OPEN", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 53 AND 61 NORTHEAST 41ST STREET AND 50, 58, AND 68 NORTHEAST 42ND STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Location: Approximately 53 and 61 NE 41st Street and 50, 58, and 68 NE 42nd Street [Commissioner Keon Hardemon - District 5] Applicant(s): Tony Recio, Esquire, on behalf of the Institute of Contemporary Art, Miami, Inc. and joint applicant Daniel J. Alfonso, City Manager, on behalf of the City of Miami Purpose: This will allow a zoning change for the properties located at 53 and 61 NE 41st Street from T4-0 with Miami Design District Special Area Plan to T5-0; and a zoning change for the properties located at 50, 58, and 68 NE 42nd Street from T3 -L to T4-0. Finding(s): Planning & Zoning: Recommended denial of the proposed changes to zoning. Staff is recommending the entire subject site be rezoned to Cl "Civic Institutional". See supporting documentation and companion File ID 15-004061u. Planning, Zoning and Appeals Board: Planning, Zoning and Appeals Board continued item from May 6, 2015 to July 1, 2015. On May 14, 2015, City Commission directed Planning, Zoning and Appeals Board to hear the item on June 3, 2015. 1.1�Y OI'nl sty. `;Pyr e �J1.12~�f PROJECT ADDRESS: 53 and 61 NE 41 Street and 50, 58, and 68 NE 42 Street FILE ID: 15-00406zc APPLICANT: Tony Recio, Esquire, on behalf of Institute of Contemporary Art, Miami, Inc., together with joint applicant, the City of Miami COMMISSION DISTRICT: District 5 NET OFFICE: Little Haiti Zoning Designation: T3-L/T4-0 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 multiple parcels along NE 41St Street and NE 42nd Street between (approximately) North Miami Avenue and NW 1St Avenue. The proposed change of zoning for the parcels fronting NE 41St Street is from T4-0 (General Urban Transect Zone Open) with the Miami Design District Special Area Plan overlay to T5-0 (Urban Center Transect Zone Open). The proposed change of zoning for the parcels fronting NE 42nd Street is from T3-1- (Sub - Urban Transect Zone Limited) to T4-0 (General Urban Transect Zone Open). (Complete legal description is on file with the Hearing Boards Section). The subject area consists of five (5) parcels totaling approximately 0.644 acres. Two (2) parcels are located on the north side of NE 41St Street, and three (3) parcels are located on the south side of NW 42nd Street. The full subject site is located on a block bounded by N Miami Avenue on the west and NE 1St Avenue on the east. There is a higher density activity center that impacts this area; the Miami Design District Retail Street (MDDRS) SAP. This district begins roughly at NE 42s1 Street and expands to the south and east, consisting of property zoned T5-0 as well as T6-8-0. The southern half of the subject site is contained within the MDDRS SAP. Through this rezoning process the applicant has proposed the removal of this portion of the subject site from the SAP entirely. DACRA donated the portion of the subject site currently located within the Design District to the applicant for the express purposes of constructing a contemporary art museum and sculpture garden. DACRA is supportive of the modification of the SAP, and the SAP will be amended subsequent to this rezoning. The area proposed to be rezoned is located within the Little Haiti NET area, and Commission District 5. Most of the surrounding area is fully developed, though the two parcels within the subject site fronting NE 41St Street are currently vacant. EXISTING NEIGHBORHOOD CHARACTERISTICS: FUTURE LAND USE DESIGNATION Subject Properties: Duplex Residential/General Commercial Zone Maximum of 18/150 D.U. per acre Surrounding Properties NORTH: Duplex Residential Maximum of 18 D.U. per acre SOUTH: General Commercial Maximum of 150 D.U. per acre EAST: Duplex Residential/General Commercial Maximum of 18/150 D.U. per acre WEST: Duplex Residential/General Commercial Maximum of 18/150 D.U. per acre ANALYSIS ZONING Subject Properties: T3-L/T4-0; Sub -Urban Center Transect Zone Limited/ General Urban Transect Zone Open Maximum of 9/36 D.U. per acre Surrounding Properties NORTH: T3 -L; Sub -Urban Transect Zone Limited Maximum of 9 D.U. per acre SOUTH: T5-0; Urban Center Transect Zone Open Maximum of 65 D.U. per acre EAST: T3-L/T4-0; Sub -Urban Transect Zone Limited/ General Urban Transect Zone Open Maximum of 9/36 D.U. per acre WEST: T3-L/T4-0; Sub -Urban Transect Zone Limited/ General Urban Transect Zone Open Maximum of 9/36 D.U. per acre 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. Previously under Zoning Ordinance 11000, the southern half of the block bounded by NE 41St Street on the south, NW 42nd Street on the north, N Miami Avenue on the west, and NE 1 It Avenue on the east was zoned SD -8 (Design Plaza Commercial -Residential District). The intent of this designation was; "to strengthen and encourage the expansion of design service activities in this area by allowing greater intensities for appropriate design -oriented service uses coupled with meaningful ground level pedestrian open spaces and active street -level walking environments. Greater intensities for mixed-use development sites abutting principal arterial roadways are File Id. 15-00406LU Page 2 of 4 promoted to accommodate a diverse range of building types at locations suitable for increased intensity and diversification of land uses to encourage mixed residential and design/commercial space and multiple use developments, particularly live -work environments, as a primary objective." While no longer valid, the character created by the SD -8 designation primed this area to evolve into a Special Area Plan (SAP) under Miami 21. The two parcels of the subject site fronting NE 41st Street are currently a part of the MDDRS SAP. The intent of this SAP is as follows; "To guide the design, construction and management of a new retail pedestrian street and its surrounding city streets in the Design District to ensure a high quality, mixed use, pedestrian experience... The Building Fapade Lines of the Miami Design District Retail Street SAP are drawn to support the continuity of the existing Design District street wall, to form the sequential character of the pedestrian street experience, and to give store tenants appropriate space distribution and visibility." The applicant has requested the portion of the subject site currently within the MDDRS SAP (the two parcels fronting NE 411t Street) be removed from SAP through a subsequent amendment. However, the character and scale of NE 41St Street has been established through its inclusion in SD -8 and its inclusion in the SAP. Thus, the surrounding context has been taken into account during the analysis of this proposed zone change. This proposed zoning change is intended to accommodate a contemporary art museum and a sculpture garden. This use is appropriate in the context of the Design District, and with proper treatment, can be appropriate abutting a single family neighborhood. The application as presented rezones the portion of the subject site fronting NE 42nd Street from T3 -L to T4-0, and the portion of the subject site fronting NE 41St Street from T4 -L with Miami Design District Retail Street SAP overlay to T5-0. This requested rezoning is successional as required by Article 7, Section 7.1.2.8 (a) 3. While the applicant can accommodate an art museum and sculpture garden with the proposed zoning, City of Miami Planning Staff are recommending that the entire subject site be rezoned to Cl, The Civic Institution (CI) zoning category is defined in Miami 21 as "a zone with uses primarily dedicated to Functioning for community purposes such as, cultural, educational, environmental, governmental, public transit, public parking and religious facilities." The applicant agrees that this is a more appropriate zoning designation. The applicant would have applied for this zoning designation, however it is not an extension of an existing transect zone, the subject site is not a cumulative forty thousand (40,000) square feet, and it does not have two hundred (200) square feet of street frontage on one (1) street. Planning Staff is recommending CI for several reasons. The proposed use of a contemporary art museum would be better suited to the definition and intent of the Civic Institution zone, included above. This zoning designation is more appropriate for the proposed underlying Future Land Use Designation of Major Institutional, Public Facilities, Transportation, and Utilities. Additionally, rezoning to Cl instead of T4 -0/T5-0 will trigger the exception process for the contemporary art museum use rather than a Warrant. This will require the project to undergo additional analysis, come before the PZAB, and receive additional public input. This also changes the noticing requirements for the use; With a Warrant, all abutting property owners are noticed, and with an Exception, all property owners within 500 -feet are noticed. Pursuant to Article 7, Section 7.1.2.8 (a), it is a requirement that the proposed zoning change shall maintain the goals of Miami 21 to preserve neighborhoods and to provide transitions in Intensity, Density, Building Height and Scale. By recommending a rezoning to Cl, a zoning designation will be introduced that is neighborhood enhancing, rather than neighborhood Held. 15-00406LU Page 3of4 intruding. The only residential use permitted in Cl is a Dormitory, minimal commercial uses are permitted, and every use permitted in Cl requires an Exception. Cl also effectively addresses transition in areas of Intensity, Density, Building Height, and Scale. This is regulated in Article 5, Section 5.7.2.4 (a); "Any property located within a CI Zone may be developed according to the regulations of the most restrictive Abutting Transect Zone with all Frontage Setbacks considered a minimum," and Section 5.7.2.4 (b), "Development in a CI Zone shall follow the regulations of the Abutting Transect Zone, except that Height restrictions shall be as follows:... A Cl Zone predominantly abutting T3 or T4, shall be developed to no more than the maximum Height allowed by T5." Thus, Cl is a more desirable designation with regards to both the intent of Miami 21 and maximization of public input. 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 as presented, but recommends approval of the proposed zoning change with the condition that the entire subject site be rezoned to Cl. r f Christopher Brimo Chief of Land Development J. Eisenberg File Id. 15-00406LU Page 4 of 4 Analysis for ZONING CHANGE File ID: 15-00406zc Yes No N/A. ❑ ® ❑ a) The proposed change conforms with the adopted Miami Comprehensive Neighborhood Plan and does not require a plan amendment. ® ❑ ❑ b) The proposed change is in harmony with the established land use pattern. ® ❑ ❑ c) The proposed change is related to adjacent and nearby districts. ® ❑ ❑ d) The change suggested is not out of scale with the needs of the neighborhood or the city. ® ❑ ❑ e) The proposed change maintains the same or similar population density pattern and thereby does not increase or overtax the load on public facilities such as schools, utilities, streets, etc. ❑ ® ❑ f) Existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. ® ❑ ❑ g) Changed or changing conditions make the passage of the proposed change necessary. ® ❑ ❑ h) The proposed change positively influences living conditions in the neighborhood. ® ❑ ❑ i) The proposed change has the same or similar impact on traffic and does not affect public safety to a greater extent than the existing classification. ® ❑ ❑ j) The proposed change has the same or similar impact on drainage as the existing classification. ® ❑ ❑ k) The proposed change has the same or similar impact on light and air to adjacent areas as the existing classification. ® ❑ ❑ 1) The proposed change has the same or similar impact on property values in the adjacent area as the existing classification. ® ❑ ❑ m) The proposed change will contribute to the improvement or development of adjacent property in accord with existing regulations. ® ❑ ❑ n) The proposed change conveys the same treatment to the individual owner as to owners within the same classification and the immediate area and furthers the protection of the public welfare. ❑ ❑ ® o) There are substantial reasons why the use of the property is unfairly limited under existing zoning. ❑ ❑ ® p) It is difficult to find other adequate sites in the surrounding area for the proposed use in districts already permitting such use. MIAMI 21 ZONING MAP (EXISTING) 0150 300 600 Feet ' ' ' I I I I I ADDRESS: 53-61 NE 41 ST AND 50-68 NE 42 ST MIAMI 21 ZONING MAP (PROPOSED BY STAFF) NW 45TH ST I I I NE 45TH ST NE 45TH ST 4=L9 INME11100103 kilo NW 44TH ST T4 - NE 43RD ST NE 43RD ST II NW 42ND ST I NW 40TH ST I NE 40TH ST T4 -L NE 39 T� 0 150 300 600 Feet WIN 110, 01011, X12 ADDRESS: 53-61 NE 41 ST AND 50-68 NE 42 ST MIAMI 21 ZONING MAP (PROPOSED) 0 150 300 600 Feet ' ' ' I I I I I ADDRESS: 53-61 NE 41 STAND 50-68 NE 42 ST v 150 300 600 Feet I ' ' I ' ' I I ADDRESS: 53-61 NE 41 STAND 50-68 NE 42 ST 0I, City of Miami Legislation PZAB Resolution File Number: 15-00406zc City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T4-0 "GENERAL URBAN TRANSECT ZONE OPEN" WITH MIAMI DESIGN DISTRICT SPECIALAREA PLAN TO T5-0 "URBAN CENTER TRANSECT ZONE OPEN"; AND T3 -L "SUB -URBAN TRANSECT ZONE LIMITED" TO T4-0 "GENERAL URBAN TRANSECT ZONE OPEN", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 53 AND 61 NORTHEAST 41 ST STREET AND 50, 58, AND 68 NORTHEAST 42ND STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 53 and 61 NE 41st Street and 50, 58, and 68 NE 42nd Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Tony Recio, Esquire, on behalf of the Institute of Contemporary Art, Miami, Inc. and joint applicant Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial of the proposed changes to zoning. Staff is recommending the entire subject site be rezoned to Cl "Civic Institutional". See supporting documentation and companion File ID 15-004061u. PURPOSE: This will allow a zoning change for the properties located at 53 and 61 NE 41 st Street from T4-0 with Miami Design District Special Area Plan to T5-0; and a zoning change for the properties located at 50, 58, and 68 NE 42nd Street from T3 -L to T4-0. WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on May 6, 2015, deferred this item to July 1, 2015; and WHEREAS, the City Commission, at its meeting on May 14, 2015, directed the Miami Planning, Zoning and Appeals Board to hear this item on June 3, 2015; and WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on June 3, 2015, following an advertised public hearing, adopted Resolution No. PZAB-R-* by a vote of * to * (*-*), item no. *, recommending * of the Zoning Changes as set forth; and WHEREAS, the proposed zone changes * in harmony with the established land use pattern City of Miami Page I of 3 File Id: 15-00406zc ([version: 3) Printed On: 5/26/2015 File Number: 15-00406zc and the adjacent and nearby districts; and WHEREAS, the proposed zone changes * out of scale with the needs of the neighborhood or the city; and WHEREAS, the proposed zone changes * maintain the same or similar population density pattern and thereby * increase or overtax the load on public facilities such as schools, utilities, streets, etc.; and WHEREAS, the proposed zone changes * create district boundaries that are illogically drawn in relation to existing conditions on the properties proposed for change and there * changing conditions making the passage of the proposed changes necessary; and WHEREAS, the proposed zone changes * contribute to the improvement of development of properties in the adjacent area in accordance with existing regulations; and WHEREAS, the proposed zone changes * convey the same treatment to the individual owner as to the owners within the same classification and the immediate area and furthers the protection of the public welfare; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to grant this change of zoning classification as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Zoning Atlas of Ordinance No. 13114, as amended, * further amended by changing the zoning classifications for the properties at 53 and 61 NE 41st Street, Miami, Florida, from T4-0 "General Urban Transect Zone Open" with Miami Design District Special Area Plan to T5-0 "Urban Center Transect Zone Open"; and a zoning change for the properties located at 50, 58, and 68 NE 42nd Street, Miami, Florida, from T3 -L "Sub -Urban Transect Zone Limited" to T4-0 "General Urban Transect Zone Open", as described in "Exhibit A", attached and incorporated. Section 3. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Miami 21 Code of the City of Miami, Florida, as amended, which provisions may be renumbered or relettered and that the word 'ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 5. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof, pursuant and subject to §163.3187(3)(c), Florida Statutes.{1} APPROVED AS TO FORM AND CORRECTNESS City of Miami Page 2 of 3 File Id: 15-00406zc ([version: 3) Printed On: 5/26/2015 File Number: 15-00406zc VICTORIA MENDEZ CITY ATTORNEY Footnotes: {1} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 3 of 3 File Id. 15-00406zc (Versiotr: 3) Printed On: 5/26/2015 EXHIBIT A LEGAL DESCRIPTION Lots 4, 5, 6, 19, and 20, plus the Western '/2 of Lot 21 of Block 8, BILTMORE Subdivision, according to the plat thereof, recorded in Plat Book 6 at Page 67 of the public Records of Miami - Dade County, Florida WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. ATTORNEYS AT LAW 2525 PONCE DE LEON BOULEVARD, SUITE 700 CORAL GABLES. FLORIDA 33134 WWW.WSH-LAW.COM April 16, 2015 VIA HAND DELIVERY Mr. Francisco Garcia Planning Director City of Miami 444 SW 2nd Avenue, 3rd Floor Miami, Florida 33130 TONY REC10, Eso. TREC106- WSH-LAW.COM Re: Supplemental Letter of Intent in Support of Applications for Compre10 hensiVee' Neighborhood Plan ("Comp Plan") Amendment and Rezoning of the Properties at 53-61 NE 41 Street, and 50-68 NE 42 Street to Allow Construction of the Institute for Contemporary Art Dear Mr. Garcia: As you know, our firm represents the Institute of Contemporary Art, Miami, Inc. ("ICA Miami") in connection with the development of properties it owns at 53 NE 41 Street, 61 NE 41 Street, 50 NE 42 Street, 58 NE 42 Street, and 68 NE 42 Street (collectively, the "Property"). Please accept this letter as a supplement to ICA Miami's pending applications for Comp Plan Amendment and Rezoning of the Properties (the "Applications"). The Applications request to change the entire Property's Comp Plan designation to "Major Institutional, Public Facilities, Transportation, and Utilities," to change the zoning of the Property's three "North Parcels" from T3 -L to T4-0, and to change the zoning for the Property's two "South Parcels" to T5-0. That said, it is our understanding that you and your staff would prefer that the entire Property were rezoned to Cl and you intend to recommend the same to the City Commission—we fully agree with and welcome the recommendation. As we have discussed, ICA Miami does not intend to construct a building on the North Parcels but instead wishes to use the parcels as a sculpture garden. That said, ICA Miami is sensitive to the fact that the North Parcels are in a residential neighborhood and recognizes that the potential Cl zoning for the North Parcels could allow redevelopment of the Property consistent with abutting zones—including the more commercial areas located to the south. I am writing to ease any concerns that might arise with respect to future development of the North Parcels. Again, ICA does not contemplate any redevelopment of the North Parcels except to construct a sculpture garden. In the event that the North Parcels are rezoned to Cl, ICA would CORAL GABLES, FLORIDA FORT LAUDERDALE, FLORIDA 305-854-0800 954-763-4242 r _ Ln r a w Ln Re: Supplemental Letter of Intent in Support of Applications for Compre10 hensiVee' Neighborhood Plan ("Comp Plan") Amendment and Rezoning of the Properties at 53-61 NE 41 Street, and 50-68 NE 42 Street to Allow Construction of the Institute for Contemporary Art Dear Mr. Garcia: As you know, our firm represents the Institute of Contemporary Art, Miami, Inc. ("ICA Miami") in connection with the development of properties it owns at 53 NE 41 Street, 61 NE 41 Street, 50 NE 42 Street, 58 NE 42 Street, and 68 NE 42 Street (collectively, the "Property"). Please accept this letter as a supplement to ICA Miami's pending applications for Comp Plan Amendment and Rezoning of the Properties (the "Applications"). The Applications request to change the entire Property's Comp Plan designation to "Major Institutional, Public Facilities, Transportation, and Utilities," to change the zoning of the Property's three "North Parcels" from T3 -L to T4-0, and to change the zoning for the Property's two "South Parcels" to T5-0. That said, it is our understanding that you and your staff would prefer that the entire Property were rezoned to Cl and you intend to recommend the same to the City Commission—we fully agree with and welcome the recommendation. As we have discussed, ICA Miami does not intend to construct a building on the North Parcels but instead wishes to use the parcels as a sculpture garden. That said, ICA Miami is sensitive to the fact that the North Parcels are in a residential neighborhood and recognizes that the potential Cl zoning for the North Parcels could allow redevelopment of the Property consistent with abutting zones—including the more commercial areas located to the south. I am writing to ease any concerns that might arise with respect to future development of the North Parcels. Again, ICA does not contemplate any redevelopment of the North Parcels except to construct a sculpture garden. In the event that the North Parcels are rezoned to Cl, ICA would CORAL GABLES, FLORIDA FORT LAUDERDALE, FLORIDA 305-854-0800 954-763-4242 Ms. Francisco Garcia April 9, 2015 limit any future redevelopment of the North Parcels to a height of 23 feet—a height that is commensurate with the surrounding residential neighborhood. Thank you for your assistance with this matter. We look forward to working with you and your staff to process these applications as quickly as possible, and to your favorable recommendation. Please contact me if you would like to discuss the foregoing or if I can be of any assistance. Very Truly Yours, TR/ Tony Recio 2873.001 cc: Vanessa Acosta, Esq. Schiller Jerome, Buena Vista East 2 OF 2 WEISS SEBOTA HELFMAN DOLE & BIERMAN, P.L. WEISS ,SEI3.OTA HELFMAN MITCHELL BIERMAN, P.A. MITCHELL J. BURNSTEIN, P.A. COLE BIERMAN Se POPOK, P.L. MATEO JAMIE ALAN COLE, P.A. ARIAS ELISA N. BRAMBLE STEPHEN J. HELFMAN, P.A. ATTORNEYS AT LAW SONJA C. DARBY MICHAEL S. POPOK, P.A. JOSEPH H. SEROTA, P.A. A IROFESSIONAL LIMITED LIABILITY COMPANY DANIEL A. ESPINO SUSAN L. TREVARTHEN, P.A. INCLUDING PROFESSIONAL ASSOCIATIONS BRADLEY A. FISHBURGER PAUL R. GOUGELMAN RICHARD JAY WEISS, P.A. ERIC P. HOCKMAN DAVID M. WOLPIN, P.A. MIAMI-DADE OFFICE SCOTT M. HYMAN DANIEL L. ABBOTT 2525 PONCE DE LEON BOULEVARD KELLY RAINS JESSON LILLIAN M. ARANGO SUITE 700 KAREN LIEBERMAN* JUSTIN D. LUGER IGNACIO G. DEL VALLE JEFFREY D. DECARLO CORAL GABLES, FLORIDA 33134 MIAR. MARTIN ALAN K. FERTEL ALE IDA MARTINEZ MOLINA* CHAD S. FRIEDMAN EDWARD MARTOS ALAN L. GABRIEL TELEPHONE 305-854-0800 TERENCE L. MCKINLEY* KATHRYN M. MEHAFFEY DOUGLAS R. GONZALES EDWARD G. GUEDES FACSIMILE 305-854-2323 ROBERTA. MEYERS* JOSEPH HERNANDEZ WWW.WSH-LAW.COM GILBERTO PgSTORIZA** ROGER S. KOBERT MARC C. ESE* P UGLI UGLI JOSHUA D. KRUT BROWARD OFFICE GAIL D.. * MATTHEW H. MANDEL 200 EAST BROWARD BOULEVARD * SUITE 1900 ANTHONY C. SOROKA EDUARDO M. SOTO* MATTHEW PEARL JOHN QUICK FORT LAUDERDALE, FLORIDA 33301 ALAN SCHWARTZSEID ANTHONN Y L. RECIO TELEPHONE 954-763-4242 * FACSIMILE 954-764-7770 PABLO A. TAMAYO BRETT J. SCHNEIDER JOANNA G. THOMSONPETER CLIFFORD A. SCHULMAN D. WALDMAN* ALISON F. SMITH OF COUNSEL ALICIA H. WELCH ERIC L. STETTIN **SENIOR COUNSEL SAMUEL 1. ZESKIND MARC SOLOMON LAURA K. WENDELL JAMES E. WHITE March 2, 2015 VIA HAND DELIVERY Ms. Olga Zamora Chief of Hearing Boards City of Miami 444 SW 2nd Avenue 3`d Floor Miami, Florida 33130 Re: Letter of Intent in Support of Applications for Comprehensive Neighborhood Plan ("Comp Plan") Amendment and Rezoning of the Properties at 53-61 NE 41 Street, and 50-68 NE 42 Street to Allow Construction of the Institute for Contemporary Art Dear Ms. Zamora: Our firm represents the Institute of Contemporary Art, Miami, Inc. ("ICA Miami") in connection with the development of properties it owns at 53 NE 41 Street, 61 NE 41 Street, 50 NE 42 Street, 58 NE 42 Street, and 68 NE 42 Street (collectively, the "Property'). ICA Miami is seeking to develop the Property as a museum of contemporary art, a civic building financed through private donations that promises to be South Florida's premier museum displaying extensive collections of the most innovative and exciting contemporary artists in the world. The Purpose of the enclosed applications (the "Applications") is to amend the Comp Plan designation and zoning transect of the Property to a designation and transect that is consistent with 1 of 4 Ms. Zamora March 2, 2015 development of a civic building housing civic functions. Because of the civic nature of the use, the City of Miami (the "City") is a co-applicant.1 ICA Miami is dedicated to promoting the work of contemporary artists, and to the exchange of art and ideas throughout the City, County, and internationally. Through its art collections, an energetic calendar of events, and regular programming, ICA Miami has provided an international platform for the work of established and emerging artists, has advanced the public's appreciation and understanding of today's most innovative and experimental art, and has left an indelible mark on Miami's arts community. Formerly connected to the Museum of Modern Art in North Miami, ICA Miami seeks its own home, and has chosen the City, and specifically its emerging Design District as the right location. Before ICA Miami's new home can be constructed, however, the Property's land use and zoning designations must be changed to designations that will permit the proposed use. The Property is currently split between two sets of land use and zoning designations as illustrated below. EXISTING LAND USE DESIGNATIONS EXISTING ZONING Duplex Resldentlal Ir il HE Band iii T4 -O [PIE ClA R MDORS SAP I T5 -O Note The northern three parcels that make up the property are located within the Buena Vista East Historic District. The three northern parcels that make up the Property (the "North Parcels") are currently Comp Plan designated Duplex -Residential and zoned T3 -L. The North Parcels are also located within The City's Zoning and Planning Departments have reviewed both Applications. A copy of the Zoning Department's referral is enclosed. The Planning Department's review is indicated by Mr. Brimo's i right corner of the Applications. Please note the Zoning Department's commetials at the top nt with respect nini the rezoning Application's compliance with Miami 21 Section 7.1.2.8.c.1. Miami 21 Section 7.1.2.8.c.1 is indicated in the highlighted portion of the attached letter to Ms Hegedus, Zoning Administrator, which explanation is restated in this letter. 2 of 4 WEISS SEROTA HELFMAN COLE BIENMAN & POPOK, P.L. Ms. Zamora March 2, 2015 Buena Vista East Historic District. The Property's two southern parcels (the "South Parcels") are Comp Plan designated General Commercial and zoned T4-0 within the Miami Design District Retail Street SAP (the "MDDRS SAP"). To allow the proposed contemporary art museum, ICA Miami seeks to change the entire Property's Comp Plan designation to "Major Institutional, Public Facilities, Transportation, and Utilities." With respect to the Property's zoning, ICA Miami believes that the most appropriate zoning designation for the proposed use would be Civic Institutional (CI). Because the Property does not meet the area requirement in Miami 21 Section 7.1.2.8.c.12 however, ICA Miami instead makes a two-part request: (a) to rezone the North Parcels from T3 -L to T4-0; and (b) to rezone the South Parcels from T4-0 and MDDRS SAP to T5-0. Despite this request, ICA Miami would support the Planning Director's recommendation to rezone the entire Property to Civic Institutional (CI) instead. Analysis Pursuant to Miami 21 Section 712 8 c 2(g) The proposed rezoning complies with the successional table listed in Miami 21 Section 7.1.2.8(a)(3) and is consistent with the overall pattern of development in the Property's surrounding neighborhood.3 Further, the proposed museum use is appropriate in that it will play a supporting function for both the residential neighborhood immediately north of the Property and the commercial neighborhood to its south. In accordance with Miami 21 Section 7.1.2.8.c.2(g), the enclosed Applications include an aerial map of the Property's vicinity, a copy of the zoning atlas showing the zoning within a one-half mile radius of the Property, and photos of buildings within 300 feet of the Property. As the enclosed materials illustrate, the Property lies on the border between the predominantly commercial Miami Design District to the south and the predominantly residential Buena Vista East Historic District to the north. The proposed museum use will create a civic buffer between these two areas. In fact, ICA Miami's current conceptual site plan for the Property (see enclosed)4 would transform the Property's three northern parcels into a park -like open space for the outdoor exhibit of art and as a potential community gathering space. The enclosed portion of the museum building would be set back approximately 100 feet from the Property's north property line and would be located entirely on the Property's south parcels. In other words, the portion of the Property that is currently zoned T3 -L will effectively become open space. The proposed museum will serve as both a resource to the local community and an anchor to the regional and international shoppers lured by Miami's Design District. 2 Miami 21 Section 7.1.2.8.c.1 reads: "Except where the proposal for rezoningof property extension of an existing Transect boundary, p p rlch involves l involves an forty thousand (40,000) square feet of land area r two hundred (200)fe taofstre t Frontage oconsidered n on (1) stre t... than forty 3 Rezoning the Property to CI also complies with the successional table of Miami 21 and would also be consistent with development in the surrounding neighborhood in that Miami 21's development standards for Cl zoning require that development be compatible with neighboring properties. 4 The enclosed site plan is merely conceptual and is provided only as an example of ICA Miami's current vision for the Property. Development of a museum within a T4-0 or T5-0 district requires the issuance of a Waiver. Development of a museum on a CI -zoned property requires issuances of an Exception. ICA Miami is working with Planning Department staff to develop a site plan for the required Exception and looks forward to formally submitting such a site plan for approval in the near future. 3 of 4 i i WEISS SEROTA HELFMAN I COLE BIERMAN & POPOK, P.L. Ms. Zamora March 2, 2015 In light of above, the enclosed materials, and additional information we will be providing at and in the lead up the necessary public hearings before the PZAB and City Commission, we respectfully that the City approve the enclosed Applications. Please schedule these for hearing before the PZAB at the next available meeting. Please contact me if you would like to discuss the foregoing or if I can be of any assistance. cc: Mayor Tomas Regalado Norman Braman Stephen Helfinan Vanessa Acosta Edward Martos Enclosures 2873.001 Very Truly Yours, Tony Recio 4 of 4 WEISS SEBOTA HELFMAN COLE BIERMAN & POPOK, P.L. REZONING APPLICATION PLANNING AND ZONING DEPARTMENT, HEARING BOARDS SECTION 444 SW 2"d Avenue, 3�d Floor • Miami, Florida 33130 • Telephone 305-416-20� www.miamigov.com/hearing boards Welcome to the City of Miami! This application is intended to serve as a guide in assisting you with our public hearing process. Please feel free to contact us, should you have any gMestions. There is no deadline to submit this application as it is presented semi-annually to this'Planning, Zoning and Appeals Board and the City Commission. The application submittal Ote Jis the date stamped by Hearing Boards' staff on this page The responses to this applicatio`�' n- must be typed and signed in black ink. All pertinent and accurate information/documentation; i.e., the plans, reports, exhibits, shall be presented at the time of filing, in addition to the paid receipt. The applicant is responsible for the accuracy of the information contained in the application and all supporting materials. Should you wish, you could bring the materials to our office for review prior to submittal to ensure completeness. You will be responsible, if needed, to bring an interpreter for the English language to any presentation before city boards, committees and the city commission. A valid power of attorney will be required if neither applicant or legal counsel representing the applicant execute the application or desire to make a presentation before city boards, committees and the city commission. All documents, reports, studies, exhibits (8'/2x11") or other materials submitted during this process will be kept as part of the record. Any documents offered to the Planning, Zoning and Appeals Board and the City Commission, which have not been provided fifteen (15) days before the meeting as part of the agenda materials will be entered into the record at the discretion of the aforementioned Board and Commission. ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE STATES THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. Ordinance No. 12918 states that each person or entity requesting approval, relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees regarding any issue, shall disclose at the commencement (or continuance) of the public hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, for an agreement to support or withhold objection to the requested approval, relief or action. The Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit included in this package must be submitted with the application. The applicant must, at the commencement of any public hearing on the issue, if there is any disclosure to report, read the disclosure into the record. Also, the applicant must supplement the affidavit if there is any new information or additional information to disclose. Copies of City Commission resolutions and ordinances can be obtained at our website through the "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360. Rev. 07-2013 REZONINGAPPLICATION ey Ix Please refer to Article 7.1.2,8 of the Miami 21 Code for Rezoning information. 1. Applicant(s): Tony Recio, Esq. on behalf of Institute of Contemporary Art, Miami, Inc. together with joint applicant, the City of Miami 2. Subject property address(es) and folio number(s): 53 NE 41 Street(01-3124-024-120), gj NE 41 Street (01-3124-024-1330), 50 NE 42 Street (01-3124-024-1220) 58 NE 42 Street -*01-3124-024- 1210), and 68 NE 42 street (01-3124-024-1200)f `. 3. Present zoning designation(s): T4-0/Miami Design District Special Area Plan and T3 -L 4. Proposed zoning designation(s): T4-0 and T5-0 t 5. Per Miami 21, Article 7.1.2.8, c.2 (g), an analysis of the properties within a one-half M le 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. Rev. 07-2013 REZONINGAPPLICATION 17. What is the acreage of the project/property site? 0.64 acres (28 085 sq. ft) -co,�ctglo cn �► 18. What is t -ie purpose of this application/nature of proposed use? Contemporary Art Mu$-Qjm x 19. Is the property within the boundaries of a historic site, historic district or archeolo` r al ? Please contact the Planning and Zoning Department on the 3rd Floor for information Yes-, he Buena Vista East Historic District —1 T�- -=r 20. Is the property within the boundaries of an Environmental Preservation District? Please�,rcoract 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 minutes and/or ❑ City Commission 20 minutes 22. Cost of processing according to Section 62-22 of the Miami City Code*: Change of zoning classification to: a. CS, T3 -R, T3 -L, T3-0, T4 -R, T4 -L, T4-0, T5 -R, T5 -L, T5-0, 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, 00 . shall be paid in the form of a certified check, cashier's check, or money order. Signature Address 2525 Ponce De Leon Blvd Ste 700 Name Tony Recio Coral Gables, Florida 33134 Telephone 305-854-0800 E-mail trecio(c�wsh-law.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 9t" day of April 2015, byEsq. who is an agent of Institute of Contemporary Art Miami Inc. a Florida non�yt rofit corpocation. He is personally known to me and he did (did not) take an oath. PU (Stamp) Signature * n* MYCOMMISSION #EE 116532 EXPIRES: September 13, 2015 �f�';OF FLOC\�C Bonded Thru Budget Notary Services Rcv. 07-2013 REZONINGAPPLICATION AFFIDAVIT OF AUTHORITY TO ACT Before me4����=o onally appeared _ 1-0tj / raeo ow 4Z-1JA1-r, oG ,CA;sriyvrr eC being by me first deposes and says: That he/siie 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 chge or modification of a classification or regulation of zoning as set out in the foregoing petition, V 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. roN,/ RfC/0 Esa on behalf of Institute of Contemporary Art Miami Inc STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 3ra day of r't=4^VA�L./ 20by Rre. I'a Esq., who is an agent of Institute of Contemporary Art Miami Inc. a Florida non-profit corporation. He is ersonally kn�own o dor who has Rroduced as identification and who did (did not) take an oath. 4, (Stamp) Signature MotfitLrNsoMont * * MY COMMISSION # EE ', oP EXPIRES: September V' yt5 fFOF Fl11` Bonded Thry Bimget No(ary Services Rev. 07-2013 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) Institute of Contemporary Art Miami Inc Percentage of Ownership 100% Subject Property Address(es) 50, 58, and 68 NE 42 Street: and 53 & 61 NE 41 Street Miami Florida The Institute of Contemporary Art Miami Inc is a Florida non-profit corporation A list of current board members is attached as Exhibit "B" 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): None Owner(s) or Attorney Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Legal Description(s): eoo__� - Owner(s) or Attorney Signature The foregoing was acknowledged before me this 3day of Fr s ^ v54 A� 20 J_ by TR vNy Fc,'o Esq.,who is an agent of Institute of Con emporary Art Miami Inc. a Florida non profit corporation. He is p�rmatly�oat rttn or who has produced as identification and who did (did not) take am (Stamp) Signature * MY COMMISSION#EE 116532 EXPIRES: September 13, 2015 �r9jFOF F���\oP Bonded Thru Budget Notary Services Rev. 07-2013 EXHIBIT "B" 2014 BOARD OF DIRECTORS FOR PROPERTY OWNER/APPLICANT INSTITUTE OF CONTEMPORARY ART, MIAMI, INC. Executive Committee Irma Braman, Chair Ray Ellen Yarkin, Chair/President Sheldon Anderson, Vice Chair Andrew Smulian, Vice Chair Paula Morabito, Treasurer Janice Lipton, Secretary Board of Trustees Tom Bloom Ella Fontanals-Cisneros Michael Collins, Chair Emeritus Aldona Czernecka Dr. Kira Flanzraich, Chair Emeritus Jorge Gonzalez Barbara Herzberg Joanne Katz Jan Lewis Diane Lieberman Arlene Mendelson Evan Reed Joan Levien Robertson Raquel Scheck Lenore Sender Jackie Soffer Deepak Soni Debi Wechsler Honorary Trustees Rosalind Jacobs Cindi Nash �Tt Op CITY OFMIAMI a DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO '� oo�tic 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: Tony Re c i o (First Name) (Middle) (Last Name) HOME ADDRESS: 2525 Ponce de Leon Blvd., Ste. 700 CITY: Coral Gables ne STATE: Florida ZIP: 33134 HOME PHONE: 3058540800 CELL PHONE: 3059926847 FAX: EMAIL: trecio@wsh-law.com BUSSINESS or APPLICANT or ENTITY NAME Institute of Contemporary Art, Miami, Inc. c/o Tony Recio BUSINESS ADDRESS: 2525 Ponce de Leon Boulevard, Ste. 700 (Address Line 1) Coral Gables, Florida 33134 (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. Comprehensive Plan Amendment and Rezoning to Major Civic Use and'CI, respectively, in order to allow construction of a contemporary art musesum. 2. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action? YES ❑X NO If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement. 3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. Name a. b. Address Phone# * 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: I. the application or order, as applicable, shall be deemed void without further force or effect; and 2. no application from any person or entity for the same issue shall be reviewed or considered by the applicable board(s) until expiration of a period of one year after the nullification of the application or order. PERSON SUBMITTING DISCLOSURE: / rM/ l�[�Gt'I Print Name Sworn to and subscribed before me this day of f �Ri 4 208' instrument was acknowledged before me b S. The foregoing Y 1"ON Rtic." o who has produced as identification and/or rsona y mown o;;; and who didldid not take an oath. STATE OF FLORIDA CITY OF MIAMI MY COMMISSION EXPIRES: Enclosure(s) Page 2 CERTIFIED COMPANY RESOLUTION The undersigned hereby certifies that s/he is the sem , air of the Institute of Contemporary Art, Miami, Inc., a Florida not-for-profit corporation, e "Company") and that the following is a true and correct copy of the resolutions adopted by the Board of Trustees on January 20, 2015. RESOLVED by the Board that the Company approves of the filing with the City of Miami of Application for Land Use Change, Rezoning, for Exception(s), and for any related requests (collectively, the "Applications") for the properties located at 53 NE 41 Street, 61 NE 41 Street, 50 NE 42 Street, 58 NE 42 Street, and 68 NE 42 Street, all in Miami, Florida; and be it FURTHER RESOLVED that the Irma Braman, Ray Ellen Yarkin, Janice Lipton, and the undersigned are authorized to execute any and all documents on behalf of the Company; and be it FURTHER RESOLVED that Steven Helfman, Esq., Tony Recio, Esq. and Edward Martos, Esq., of the law firm of Weiss, Serota, Helfman, Cole, Bierman, & Popok, P.L., are authorized, directed and empowered to execute any and all application forms, petitions, and other documents necessary to effectuate the Applications, and to represent the Company at all meetings and hearings in connection with the Applications. The adoption of said resolution was in all aspects legal; and that said resolutions are in full force and effect and have not been modified or rescinded. Dated this jj day of January, 2015. INSTITUTE OF CONTEMPORARY ART, MIAMI, INC., a Florida not-for-profit corporation y:. Print Name: Its: 774 r) l STATE OF —� 4 ) COUNTY OF �4;c3/Z ) I hereby certify that before me, an officer duly qualified to take acknowledgments, personally appeared �%yczi , as of the institute of Contemporary Art, Miami, Inc., a Florida not-for-profit corporation, whois ersonal,l� y,�u�c me or who has produced as identification and who execute tld �e foregoing instrument freely and voluntarily for the purposes thereon expressed and who did not take an oath. WITNESSS my hand and official seal this _4 4- day of January, 2015. SI(;'ATURE OFrPERSOAKING AKNOWLEDGEMENT (stamp) Notary Pubiie State of Florida Janice Samey g My Commission EE123691 Expires 013/2 112 0 1 5 C:FN 2014ROSu 1 1 15 OR Bk 29443 Fss 0309 - 314► (2ass) RECORDED 12/24/2014 11:49:21 HARVEY RUVINr CLERK OF C:OURI* MIAMI-DADE COUNTYr FLORIDA MIAMI-DADE COUNTY COVER SHEET DOCUMENT TITLE: CERTIFICATE OF GOOD STANDING LEGAL DESCRIPTION: NONE NOTE TO CLERK: NONE Book29443/Page309 CFN#20140881115 Page 1 of 2 '- . f Ittllf illil ftllf 11f11 iNli VIII Ilfll Itif I[If C- F N 2014R �u�s OR Bk 29429 Pas 0390 - 391; (2a9s) RECORDED 12/15/2014 13:24:46 PREPARED BY AND RETURN T0: DEED DOC: TAX 4P200.00 SURTAX r200.00SURTAX 3r 150.00 HARVEY RUVINr CLERK OF COURT JAN A. YELEN MIAMI-DADE COUNTYr FLORIDA YELEN & YELEN, P.A. 1104 Ponce de Leon Boulevard Coral Gables, Florida 33134 Property Appraisers Parcel Identification Number(s): 01-3124-024-1200 Above This Line for Recording (Data) THIS WARRANTY DEED made the _h day of December, 2014 by MARIE ANNE ST. JEAN, a single woman, hereinafter called the grantor, to INSTITUTE OF CONTEMPORARY ART, MIAMI, INC., a Florida Non -Profit Corporation, whose post office address is 4040 N.E. 2nd Avenue, Suite 407, Miami, Florida 33137, hereinafter called the grantee: (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) WITNESSETH: That the grantor, for and in consideration of the sum of TEN DOLLARS ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, conveys and confirms unto the grantee, all that certain land situate in Miami -Dade County, Florida, to wit: Lot 4, Block 8, BILTMORE ADDITON, according to the Plat thereof, as recorded in Plat Book 6 at Page 67 of the Public Records of Miami -Dade County, Florida. Subject to taxes for the year 2015 and all subsequent years. Subject to easements, restrictions, limitations and reservations of record. This shall not serve to reimpose any restrictions, etc. previously abandoned or terminated. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the grantor hereby covenants with said grantee that 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 that same against the lawful claims of all persons whomsoever. Book29429/Page390 CFN#20140855888 Page 1 of 2 Warranty Deed -Page Two Parcel Identification Number(s): 01-3124-024-1200 OR BK 29429 PG 0391 L-AST PAGE IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of- CAAd-, Wit s Si ature 4 V �� Print Witness Name Witness Signature Print Witness Name STATE OF FLORIDA COUNTY OF MIAMI-DADE clam MARIE ANNE ST. JEAN - 312 2 EAN3122 N.W.131h Avenue Miami, Florida 33142 114 The foregoing instrument was acknowledged before me this J day of December, 2014 by MARIE ANNE ST. JEAN, who is personally known to me or who has produced 1zv&_U) k c (b as identification. NotVIiiiKure �`;"•'p ;moo JAN K YREN * * MY COMMISSION t FF05 W a EXPIRES: September 17, 2017 ��ip�adr* BaidlOipru®udydNoh�ry3xvkee Book29429/Page391 CFN#20140855888 Page 2 of 2 This Document Prepared By and Return to: )AN A. YELtN ' YELEN & YELEN PA 1104 Ponce cle Leon Blvd Coral Gables, FL 33134 Parcel ID Number: 01-3124-024-1220 SPECIAL WARRANTY DEED I I11lU IN!! flllf IIIA lllfl Ilill II!!1 Illi NN OR El; 29463 Ps 0460; (fps} RECORDED i�1113r'2ji15 14:33.32 DEED DOC TAX 060 HARVEY RUVIN, CLERK. OF COURT MIAMI-DADE COUNTY, FLORIDA LAST PAGE THIS INDENTURE made this I day of January, 2015 between TRADE WINDS MIAMI LLC, a Delaware Limited Liability Company, whose �ls N.E. 2nd Avenue, Suite 407, Miami, Florida 33137, Grantor and INSTITIJE OF CONTEMPORARY ART, MIAMI, INC., a Florida Not -for -Profit Corporation, whose address is 4040 N.E. 2nd Avenue, Suite 407, Miami, Florida 33137, Grantee. WITNESSETH that the Grantor, for and in consideration of the sum of ($10.00) -----------------TEN AND 00/100 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, in the State of Florida to wit: Lot 6, Block 8, BILTMORE, according to the Plat thereof, as recorded in Plat Book 6, Page 67 of the Public Records of Miami -Dade County, Florida. Subject to taxes for 2015 and all subsequent years. Subject to easements, restrictions, limitations and reservations of record. This shall not serve to impose any restrictions, etc. previously abandoned or terminated. Grantor covenants that it is seized and possessed of the said land and has a right to convey it, and warrants the title against the lawful claims of all persons claiming by, through, and under it but not further otherwise. IN WITNESS WHEREOF, the grantor has hereunto set its hand and seal the day and year first above written. Signed, sealed and delivered in our presence. Atnesftig4natre���� Print Witness N me WiittnsfSignature IJ Print Witness Name STATE OF FLORIDA COUNTY OF MIAMI-DADE TRADE WINDS MIAMI LLC, a Delaware Limited Uabili ompany By: 3AN A. Y L , Ma a r The foregoing instrument was acknowledged before me this y of January, JAN A. YELEN as Manager of TRADE WINDS MIAMI LLC, a Delaware Limited Liability Company, whlo isy personally known to me or has produced as identification. HELENE M. RIGGER N-- COMM SSION # E 167251 February 7, IQ. RV Bmded iTFxu EXPNotary Pubic WWery Notary Public Book29463/Page460 CFN#20150023830 Page 1 of 1 This Doctment Prepared By and Return to: JAN A. YELEN YELEN & YELEN PA 1104 Ponce de Leon Blvd Coral Gables, FL 33134 Parcel ID Number: 01-3124-024-1210 SPECIAL WARRANTY DEED GF N 2014ROSS4543 OR Bk 29445 Ps 0511► (log) RECORDED 12/29/2014 1017:35 DEED DOC TAX 0.60 HARVEY RUVIN, CLERK OF COURT nlAhl-RADE- COUNTY: FLORIDA - LAST PAGE THIS INDENTURE made this A day of November, 2014 between MPDD LLC, a Florida Limited Liability Company, whose address is 3841 N.E. 2"d Avenue, Suite 400, Miami, Florida 33137, Grantor and INSTITUE OF CONTEMPORARY ART, MIAMI, INC., a Florida Not -for -Profit Corporation, whose address is 4040 N.E. 2nd Avenue, Suite 407, Miami, Florida 33137, Grantee. WITNESSETH that the Grantor, for and in consideration of the sum of ($10.00) TEN AND 00/100 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, in the State of Florida to wit: Lot 5, Block 8, BILTMORE, according to the Plat thereof, as recorded in Plat Book 6, Page 67 of the Public Records of Miami -Dade County, Florida. Subject to taxes for 2015 and all subsequent years. Subject to easements, restrictions, limitations and reservations of record. This shall not serve to impose any restrictions, etc. previously abandoned or terminated. Grantor covenants that it is seized and possessed of the said land and has a right to convey it, and warrants the title against the lawful claims of all persons claiming by, through, and under it but not further otherwise. IN WITNESS WHEREOF, the grantor has hereunto set its hand and seal the day and year first above written. Signed, sealed and delivered in our presence: Witness Signatu Print Witness Name Witness Signature A1fel-A P. We ICA Print Witness Name STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of November, 2014 by STEVEN GREI-ENSTEIN, as Manager of MPDD LLC, a Florida Limited Liability Company, who is personally known to me -or hft.--pFedaeeef as-idettofleat . 2o'pRY FU Al" ALONSO-WELCH * � * MY GOAaA115SI0N # EE 859778 ((�� �� EXPIRES: Aprill 18, 2017 � Q. W�Q Q(� ,� ! .c � �r9lFOF F���e 9°rdW ft&udpet Nfty SNVM Notary Public Book29445/Page511 CFN#20140884543 Page 1 of 1 This instrument nrepared by_: Linda Ebin-Levine, Esq. Design District Management, Inc. 3821 NE 2 n Avenue, Suite 400 Miami, FL 33137 Grantee's Tax ID No. i I!llli 11111 Il1il liill IIl11 !!!li !ILII 1111 IIII C:FN 21314R1�r,S£;1 1 14 OR Bk 25'443 F'ss 1)?95 - 308; tl4 3s) RECORDED l2f24l2314 11:49:21 GEED DOC TAX O. bLi HARVEY RUVIN, CLERK OF COURT MIAMI-DADE COUNTY, FLORIDA [Space Above This Line For Recording] Special Warranty Deed This Special Warranty Deed made this j"d between MIDNIGHT RAMBLER, LLC, ay of December, 2014 ("Effective Date"), a Delaware limited liability company, whose post office address is 3841 NE 2nd Avenue, Suite 400, Miami, Florida 33137 ("Grantor"), and INSTITUTE OF CONTEMPORARY ART, MIAMI, INC., a Florida not-for-profit corporation, whose post office address is 4040 NE 2❑d Avenue Suite 200 Miami, Florida 33137 ("Grantee"): (Whenever used herein the terms Grantor and Grantee include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said Grantor, for good and valuable considerations to said Grantor from said Grantee, the receipt and sufficiency whereof is hereby acknowledged, has granted, bargained, and conveyed to the said Grantee, and Grantee's heirs and assigns forever, the following described land, situate, lying and being in Miami -Dade County, Florida ("Property to -wit: Lots 19, 20 and the West '/z of Lot 21, Block 8, of BILTMORE, according to the Plat thereof, as recorded in Plat Book 6, at Page 67, of the Public Records of Miami -Dade County, Florida. Property Appraiser's Identification No's. 01-3124-024-1320 and 01-3124-024-1330 SUBJECT TO: I . Taxes for the year 2015 and subsequent years; 2. Zoning restrictions, prohibitions and other requirements imposed by governmental authority; and 3. Restrictions, limitations, covenants, easements, rights of way, conditions, encumbrances, and other matters of record (none of which are intended to be reimposed by this conveyance). NOTE TO RECORDER: THE SUBJECT PROPERTY IS BEING CONVEYED PURSUANT TO A DONATION AGREEMENT BETWEEN GRANTOR AND GRANTEE WHEREBY GRANTOR AGREED TO DONTATE THE PROPERTY TO GRANTEE. ACCORDINLY, NO DOCUMENTARY STAMP TAXES OR SURTAXES ARE DUE PURSUANT TO FLORIDA ADMINISTRATIVE CODE SECTION 12B -4.014(2)(a). 1032309.v2 Book29443/Page295 CFN#20140881114 Page 1 of 14 Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the Grantor does hereby fully warrant the title to said land, and will defend the same against all lawful claims of all persons claiming by, through or under Grantor, but against none others. And this conveyance is made and accepted subject to the following restrictive covenants ("Deed Covenants"), which shall run with the Property and shall bind Grantee, its successors and assigns: A. Grantee shall construct a museum and/or art exhibition building ("Museum Building") on the Property which will exhibit contemporary art/art of our time, in a museum setting ("Museum"), which Museum shall at the time of its opening to the public contain at a minimum the works of art listed on Exhibit A attached hereto and made a part hereof less up to five (5) of the works. B. The Museum Building will be of superior quality and will be designed, developed and constructed in compliance with all applicable covenants, conditions and restrictions of record, laws, ordinances, codes, rules, regulations or requirements and that certain Development Agreement with the City of Miami filed September 19, 2014, in Official Records Book 29314, at Page 1880 (as amended from time to time, the "Development Agreement"). The Museum to be located in and operated from the Museum Building shall be a fully functioning contemporary art/art of our time exhibition hall or museum, and shall show or exhibit contemporary art/art of our time, in a museum setting, with exhibitions, programs, educational programs and events, all similar to the manner in which the museum known as the Museum of Contemporary Art, North Miami which was previously located at 770 NE 125th Street, North Miami, Florida ("Prior Museum") was operated as of June 1, 2014. In connection therewith, the Museum Building may be used as the venue for fundraisers for and other events relating to the Museum and may be rented for private events (the rental or fees paid for the use thereof to benefit the Museum), so long as none of the same prevent the Museum Building from primarily being used as a contemporary art/art of our time exhibition hall or museum. Grantee shall, at Grantee's sole cost and expense, engage developers, construction managers, architects and/or contractors ("Grantee's Design/Construction Team") in order to provide necessary services to design, develop and construct the Museum Building, provided that all of Grantee's Design/Construction Team shall be subject to the prior written approval of Grantor's Affiliate (defined below). Grantor's Affiliate shall respond to any request for approval of any member of Grantee's Design/Construction Team ("Member Request") within fifteen (15) days after receipt by Grantor's Affiliate of such Member Request together with such information regarding such member as Grantor's Affiliate shall reasonably request, and if Grantor's Affiliate does not respond to such Member Request within such fifteen (15) day period, then such request shall be deemed approved. "Grantor's Affiliate" means the record owner at any point in time of the property and building located thereon commonly known as the Palm Court Building, 140 NE 39TH Street, Miami, Florida ("Palm Court Property"), which the parties acknowledge currently is Oak Plaza Associates (Del.) LLC. 2 1032309.x2 Book29443/Page296 CFN#20140881114 Page 2 of 14 C. Grantee shall pay all costs and expenses with respect to the design, development, construction, zoning, maintenance and operation of the Museum Building and the Property. D. The plans and specifications for the Museum Building, which Grantee shall deliver to Grantor and Grantor's Affiliate no later than twelve (12) months after the Effective Date, shall be subject to the prior written approval of Grantor and Grantor's Affiliate, which approval shall not be unreasonably withheld or delayed. E. Grantee shall commence construction of the Museum Building on the Property within eighteen (18) months after the date the Grantor and Grantor's Affiliate have approved in writing the plans and specifications submitted by the Grantee for the Museum Building, as such date may be extended by Unavoidable Delays (defined below). For purposes of this Agreement, "Unavoidable Delays" means delays due to storms, acts of God, strikes, lockouts, labor troubles, inability to procure labor or materials or reasonable substitutes therefor, failure of power, governmental requirements or governmental delay in issuing permits or sign -offs, fire or other casualty damage, war or civil disorder, acts of terrorism, or other causes beyond the reasonable control of Grantee; provided, however, Unavoidable Delays shall not include delays resulting from changes in economic or market conditions, or financial or internal problems of Grantee that can be satisfied by the payment of money. F. Grantee shall complete construction of the Museum Building and obtain final certificate(s) of occupancy therefor within forty-eight (48) months after the Effective Date, as such date may be extended by Unavoidable Delays. G. Grantee shall open the Museum and the Museum Building to the public within sixty (60) months after the Effective Date, as such date may be extended by Unavoidable Delays; provided, however, in any event the Museum and the Museum Building must be open to the public within eighty-four (84) months after the Effective Date. H. Grantee shall obtain the written consent of Grantor's Affiliate prior to any transfer of the Property (which consent shall not be unreasonably withheld or delayed), and any such transfer shall be subject and subordinate to the Deed Covenants (provided, however, that at all times the Grantee shall be permitted to obtain construction and/or permanent financing for the Museum Building and/or the Property without the consent of Grantor's Affiliate, provided that any mortgage or other encumbrance evidencing and/or securing such financing shall be subject and subordinate to the Deed Covenants). Upon completion of construction of the Museum Building and the opening of the Museum and the Museum Building to the public, Grantee will thereafter continuously operate and maintain the Museum Building as a superior quality contemporary art/art of our time museum or exhibition hall in a similar manner as the Prior Museum was being operated, and which Museum shall be the principal museum of Grantee. Grantee will not use or permit the Property and/or the Museum Building to be used for any other purpose without the prior written approval of Grantor's Affiliate; provided however that the Museum Building may be used as the venue for fundraisers for the Museum and other events relating to the Museum and may be rented for private events, so long as the same do not prevent the Museum Building from primarily being used as a contemporary art/art of our time exhibition hall or museum, as provided above. 1032309.x2 Book29443/Page297 CFN#20140881114 Page 3 of 14 I. In the event (i) the Property and/or Museum Building ever ceases to be used and operated as the principal museum of Grantee and as a contemporary art/art of our time exhibition hall or museum, that exhibits contemporary art/ art of our time in accordance with Paragraph B above, or (ii) a violation of any of the other Deed Covenants shall occur, and such event shall continue for thirty (30) days following written notice to Grantee ("Default Notice"), then Grantor's Affiliate shall have the right (but not the obligation), in its sole and exclusive discretion, by written notice given to Grantee (the "Direction"), to direct Grantee to convey (at Grantee's sole cost and expense) all right, title and interest of Grantee in and to the Property and all improvements and fixtures then located thereon to another charitable organization that is exempt from federal income tax and of the same classification for tax purposes as Grantee ("Eligible Organization") selected by Grantor's Affiliate, in its sole and absolute discretion. Upon receipt of the Direction, Grantee shall immediately convey the Property, improvements and fixtures to the Eligible Organization unless Grantee shall, in good faith, within ten (10) business days after receipt of the Direction, contest the Direction and the assertion in the Default Notice that the Property is not being used for the Museum in accordance with Paragraph B above and as the principal museum of Grantee or that Grantee has violated any of the other Deed Covenants. If Grantee timely contests the Direction and the assertion, then the parties shall agree upon a neutral third party Florida Supreme Court certified mediator whose final decision regarding the use of the Property and compliance with the Deed Covenants shall be final and binding. If the Grantee does not timely contest Grantor's Affiliate's assertion that the Property is not being used in compliance herewith, or if a mediator determines that the Property is not being used in compliance herewith, then the Grantee shall (at Grantee's sole cost and expense) immediately execute and deliver to Grantor's Affiliate and/or the Eligible Organization any documents, including without limitation an appropriate deed and bill of sale (in recordable form if required), requested by Grantor's Affiliate and/or the Eligible Organization to accomplish the conveyance to the Eligible Organization pursuant to the Direction (collectively, "Conveyance Documents"). If Grantee breaches, or threatens to commit a breach of, its obligations to deliver the Conveyance Documents and vacate the Property pursuant to the terms herein, then Grantor's Affiliate shall have the right and remedy to have Grantee's obligations to deliver the Conveyance Documents and to vacate the Property pursuant to the Direction specifically enforced by any court of competent jurisdiction without the necessity of posting a bond, it being agreed that any breach or threatened breach of such obligations would cause irreparable injury to Grantor and Grantor's Affiliate and that money damages would not provide an adequate remedy to Grantor and Grantor's Affiliate, which right and remedy is in addition to, and not in lieu of, any other rights and remedies available to Grantor or Grantor's Affiliate under law or in equity. Upon the contemplated conveyance of the Property and all improvements and fixtures (it being understood that the art owned, being exhibited at or otherwise located within the Museum Building are not improvements or fixtures) then located thereon to the Eligible Organization, Grantee shall have no further right, title or interest in or to the Property or the improvements and fixtures then located thereon. Grantee and any other occupants shall vacate and surrender the Property immediately upon its conveyance thereof. In the event that Grantor's Affiliate consents (in its sole and absolute discretion) to any transfers of the Property by Grantee in the future, the transferee will be subject to the Deed Covenants and the Deed Covenants will be included in the deed to be delivered to transferee in connection with such transfer. Any notices to Grantee pursuant to this Paragraph shall be sent to the person and address for the owner of the Property listed in the 4 1032309.v2 Book29443/Page298 CFN#20140881114 Page 4 of 14 Miami -Dade Property Appraiser's records at the time such notice is given. The aforesaid Deed Covenants may be terminated or amended, and any portion thereof may be waived, only by a written agreement executed by Grantor or Grantor's Affiliate and joined in and consented to by the Grantee or its successor(s) in interest to the Property. In Witness Whereof, Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signatures on Following Page 1032309.v2 Book29443/Page299 CFN#20140881114 Page 5 of 14 Signed, sealed and delivered in our presence: MIDNIGHT RAMBLER, LLC, a Delaware limited liability company, by MDDA Phase III Holdings, LLC, a Delaware limited liability company, its sole member, by Mi ' Design District Associates Manager, Aa elaware limited liability compan , its M ger G� _ By. t len Crstein, Vice President STATE OF FLORIDA Ii1� COUNTY OF AM - The foregoing instrument was acknowledged before me this day of December, 2014 by Steven Gretenstein, Vice President of Miami Design District Associates Manager, LLC, a Delaware limited liability company, on behalf of that company as the Manager of MDDA Phase III Holdings, LLC, a Delaware limited liability company, on behalf of that company as the sole member of MIDNIGHT RAMBLER, LLC, a Delaware limited liability company, on behalf of that company. He is personally known to me. NOTARY PUBLIC, STATE OF FLORIDA AT LARGE My Commission Expires: 6 1032309.v2 [SEAL] 20Sp0.Y �B�. f1LNY�/Y.VFRT!'�tGLVfI * t NY COI+If�IISSION # EE 859276 EXPIRES: Apr918, 2017 Bonded Tnm &Wgd WR SaMcet Book29443/Page300 CFN#20140881114 Page 6 of 14 EXHIBIT A WORKS OF ART A-1 1032309.v2 Book294431Page301 CFN#20140881114 Page 7 of 14 Artist Work 1 Abakanowicz, Magdalena Black Balls/Seated Balls III 2 Ackermann, Rita African Nurse 3 Ackermann, Rita Firecrotch 4 Alys, Francis Sin titulo (Untitled) 5 Arcangel, Cory Apple Garage Band Auto Tune Demonstration 6 Arsham, Daniel ODE/EON (Marquee) 7 Augustyniak, Mathias M/M Wallpaper Poster 8 Azaceta, Luis Cruz Homage to James Ensor 9 Baldessari, John Palm Trees 10 Baldessari, John Three Red Paintings 11 Balkenhol, Stephan Untitled (Seated Man) 12 Bas, Hernan Dearest Margaret, With the exception of Paul's complexion the expedition is going (well) [well strikethrough]as planned... 13 Bas, Hernan Fleeting Moments 14 Bas, Hernan Slim Fast Silhouette 15 Bas, Hernan Untitled (Crystal Ball) 16 Baumgarten, Lothar Land of the Silent Dogs 17 Baxter, Bhakti Black Onyx Wall with Light Source 18 Benglis, Lynda Female Sensibility 19 Bock, John Zero Hero 20 Bourgeois, Louise Untitled 21 Bulloch, Angela Ann Lee Konnektikit 22 Burr, Tom Bush Laid Bare A-1 1032309.v2 Book294431Page301 CFN#20140881114 Page 7 of 14 23 Burton, Jeff Untitled #26 (black couch) 24 Burton, Jeff Untitled #37 (red plaid/white socks) 25 Capelan, Carlos Untitled 26 Capelan, Carlos Untitled 27 Castaneda, Consuelo Betty-Kahlo 28 Chetrit, Talia Vase/Screen 29 Chetrit, Talia Vasegram #3 30 Copley, William Birdshot 31 Copley, William Longpont 32 Cordova, William Music for the Morning After 33 Cordova, William Untitled 34 Craven, Ann Bird in White (for Johnny Cash) White Bird 35 Craven, Ann Little One Eye (White Bird #2) 36 Crewdson, Gregory Untitled 37 Crewdson, Gregory Untitled 38 Curlet, Francois Witness Screen/Ecran Temoin 39 D'Arcangelo, Alan Landscape III 40 Delaveleye, Nick Untitled (278 Fleeting Monuments) 41 Di Suvero, Mark Untitled 42 Diez, Jose Antonio Hernandez Untitled 43 Dzama, Marcel Untitled ('Bear Season") 44 Dzama, Marcel Untitled (Female Figure with Bear) 45 Eisenman, Nicole Amazon Scene 46 Emin, Tracey Why I Never Became a Dancer 47 Essenhigh, Inka Poor Puppy 48 Essenhigh, Inka Volcanic Ash 49 Fisher, Naomi Untitled 50 Fisher, Naomi Untitled A-2 1032309.v2 Book29443/Page302 CFN#20140881114 Page 8 of 14 51 Flavin, Dan Puerto Rican Lights (to Jeanie Blake) #2 52 Fleury, Lili A Worm in an Apple 53 Floyer, Ceal 100% 54 Fontaine, Claire Please Come Back (K. font: American version) 55 Friedman, Dara Bim Barn 56 Gelfman, Lynne Burqa, Green 57 Gillick, Liam Ann Lee You Proposes 58 Gispert, Luis Stereomongrel 59 Gonzalez-Foerster, Dominique Annlee in Anzen Zone 60 Gonzalez-Torres, Felix Untitled (Ross in L.A.) 61 Guerrier, Adler Untitled (Airport) 62 Handforth, Mark untitled (Lovelight) 63 Handforth, Mark Weeping Moon 64 Henriquez, Quisqueya Entelequia 65 Hirschhorn, Thomas Diorama 66 Hodges, Jim View (metallic) 67 Holstad, Christian Empty Trust 68 Holstad, Christian House Training #15 69 Holstad, Christian House Training #16 70 Holstad, Christian House Training #2 71 Holstad, Christian House Training #25 72 Holstad, Christian House Training #3 73 Holstad, Christian House Training #4 74 Horn, Roni Pair Object Via 75 Hubbard, Alex Screens for Recalling the Blackout 76 Huyghe, Pierre One Million Kingdom 77 Huyghe, Pierre Skin of Light 78 Huyghe, Pierre Two Minutes Out of Time-Ann Lee 79 Joseph, Pierre Trickster Theory 80 Julien, Isaac True North 81 June Paik, Nam Burn Calories, Not Octane 82 Kienholz, Ed and Nancy The Soup Course at the She-She Cafe 83 King, William Amor A-3 1032309.v2 Book29443/Page303 CFN#20140881114 Page 9 of 14 84 Kjartansson, Ragnar Death and The Children 85 Kuitca, Guillermo Untitled 86 Lassry, Elad Guinevere (Green) 87 Lassry, Elad Papayas 88 Lassry, Elad Teal Swirl 89 Lee -Chun, Susan You are cordially invited to tea time 90 Leonard, Zoe Dress & Suit (For Nancy) 91 Leonard, Zoe Rear View (Geoffrey Beene Fashion Show) 92 Mar, Pepe Caneza (Orange) 93 Marclay, Christian Whistle 94 McCollum, Allan Surrogate Paintings 95 Meese, Jonathan BABY ADMIRAL NULLPE, SEA BATTLE NO PROBLEM 96 Mendieta, Ana Untitled (Glass on Body) 97 Mendieta, Ana Untitled (Glass on Face) 98 Miller, John Storage Area 99 Miralda, Antonio Bridal Dress 100 Morley, Malcolm Cradles of Civilization 101 Morley, Malcolm Italian Fighter Pilot (Ace) 102 Murata, Takeshi Shiboogi 103 Nauman, Bruce Lip Sync 104 Neto, Ernesto Un pe de Sonho (A foot of Dream) 105 Nevelson, Louise Untitled 106 Oehlen, Albert Ohne Titel 107 Ofili, Chris Untitled 108 Ofili, Chris Untitled 109 Ohanian, Melik Ann Lee, I'm Dreaming about a Reality 110 Olitski, Jules Dookashee 1 A-4 1032309.v2 Book29443JPage304 CFN#20140881114 Page 10 of 14 111 Ono, Yoko Instructions for Photographs 112 Opie, Catherine Justin Bond 113 Orozco, Gabriel Blue Sandals 114 Orozco, Gabriel Common Dream 115 Orozco, Gabriel Migration 116 Orozco, Gabriel Vinud's Ladder 117 Owens, Laura Untitled 118 Pardo, Jorge Round Light, Darker on the Bottom 119 Pardo, Jorge Subscription Lamp II 120 Pardo, Jorge Subscription Lamp II 121 Pardo, Jorge Subscription Lamp II 122 Pardo, Jorge Subscription Lamp II 123 Pardo,lorge Subscription Lamp II 124 Pardo, Jorge Subscription Lamp II 125 Pardo, Jorge Untitled 126 Parreno, Philippe Anywhere Out of the World 127 Parreno, Philippe Untitled (fireworks) 128 Perez, Enoc Peter's Vase 129 Perez, Enoc Seagram Building, New York [After a photograph by Ezra Stoller] 130 Pettibon, Raymond Untitled (Hang Ten of 'em) 131 Pettibon, Raymond Untitled (Mother Atlantis) 132 Pettibon, Raymond Untitled (No cockleshells or pukashells) 133 Pettibon, Raymond Untitled (Oh, me if) 134 Pettibon, Raymond Untitled (Onward West) 135 Pettibon, Raymond Untitled (Outside and overhead) 136 Pettibon, Raymond Untitled (Surf? Yea, but why sir?) A-5 Book29443/Page305 CFN#20140881114 Page 11 of 14 137 Pettibon, Raymond Untitled (They are for the taking) 138 Pettibon, Raymond Untitled (We must conquer) 139 Pettibon, Raymond Untitled (Where, in Booth, goest thou out?) 140 Pettibon, Raymond Untitled (Why do they call it hanging ten?) 141 Phillips, Richard Annlee Afterlife 142 Pierson, Jack IDOLS 143 Pierson, Jack Untitled 144 Rauschenberg, Robert Cardbird Box 145 Resnick, Milton My Birthplace is 0 146 Rey, Tao Conversation 147 Rhoades, Jason More Moor Morals and Morass 148 Ritchie, Matthew Fast Set (Abraxas, The Child) 149 Ritchie, Matthew Fast Set (Dynamis, The Astronaut) 150 Ritchie, Matthew Fast Set (En Soph, The Child) 151 Ritchie, Matthew Fast Set (Los, The Golem) 152 Ritchie, Matthew Fast Set (Mixis, the Actress) 153 Ritchie, Matthew Fast Set (The Astronauts Gloves) 154 Ritchie, Matthew Fast Set (The Second Law) 155 Ritchie, Matthew the hour of the apple 156 Rodriguez, Norberto (Bert) Let's Not Talk About It 157 Rohn, David Gymnasts 158 Ruby, Sterling Monument Stalagmite/Skulldragged 159 Ruscha, Edward Nine Swimming Pools A-6 1032309.v2 Book29443/Page306 CFN#20140881114 Page 12 of 14 160 Ruscha, Edward Real Estate Oportunities 161 Ruscha, Edward Royal Road Test 162 Ruscha, Edward Some L.A. Apartments 163 Ruscha, Edward The Sunset Strip 164 Ruscha, Edward Thirty Four Parking Lots in L.A. 165 Ruscha, Edward Untitled Rooftops 166 Ruscha, Edward Untitled Rooftops 167 Ruscha, Edward Untitled Rooftops 168 Ruscha, Edward Untitled Rooftops 169 Sanchez -Calderon, George (Untitled) Artist's Father Standing Inside of the Niche 170 Sanchez -Calderon, George (Untitled) 1-395 Freeway and Construction 171 Sanchez -Calderon, George (Untitled) Woman Standing Inside of the Niche 172 Sanchez -Calderon, George Niche 173 Scanlan, Joe Last Call Do -It Yourself (Anniee) 174 Schiff, Melanie Circle and Branch 175 Schiff, Melanie Hellroom 176 Schiff, Melanie Ramped 177 Schnabel, Julian Lola 178 Serrano, Andres Ecco Homo 179 Shonibare, Yinka Lady Na Master 180 Siden, Ann-Sofi Station 10 and Back Again 181 Simmons, Gary Scat Cab 182 Simmons, Xaviera Harvest 183 Stark, Jen Enchant 184 Steir, Pat Kyoto Chrysanthemus 185 Therrien, Robert No Title (Black Chapel) 186 Therrien, Robert Untitled #100 (Steeple) A-7 1032309.v2 Book29443/Page307 CFN#20140881114 Page 13 of 14 OR BK 29443 PG 0308 UAST RAGE 187 Tiravanija, Rirkrit Untitled (ghost reader C. H.) 188 Trecartin, Ryan Ready (re'Search Wait'S) 189 Tunga de Barros Carvalho a Mello, lose Untitled 190 Turrell, James Cam (from Still Life Suite) 191 Turrell, James Enzu (from Still Life Suite) 192 Turrell, James Gard (from Still Light suite) 193 Turrell, James Site Plan Roden Crater 1 194 Turrell, James Squat (from Still Light suite) 195 Tuttle, Richard 9 Quantities, 2 to 1 Inch Square 196 Tuttle, Richard Two Red Squares 197 Tuttle, Richard Untitled 198 Tuttle, Richard Untitled 199 VanDerBeek, Sara Druid Hill 200 VanDerBeek, Sara Mirror, Hollywood Boulevard 201 VanDerBeek, Sara Thursday and Sunday 202 VanDerBeek, Sara Treme School Window 203 Vaney, Anna Lena Asleep in the Deep Ann Lee No Ghost lust a Shell 204 von Rydingsvard, Ursula Untitled (Big Bowl) 205 Weiner, Lawrence Broken Off/Beached 206 Welling, James IBHT 207 Wesley, John Dream of Unicorns 208 Willis Thomas, Hank Exxon Black Street Art 209 Willis Thomas, Hank It's The Real Thing! 210 Willis Thomas, Hank So Glad We Made It, 1977/2006 A-8 1032309.v2 Book29443/Page308 CFN#20140881114 Page 14 of 14 City of Miami MIAMI 21 CODE -ZONING REFERRAL t P Hearing Board (Planning Dept) 444 Southwest 2nd Avenue. 3rd floor Miami. Florida 33130 Address of property(ies):s! —Z./ & z: Attached documents for the following permit application: Waiver appeal ❑Exception Special Area Plan Warrant appeal Amendmend to the Code Zoning Change F7Variance Other COMMENTS:C_��� , ZV T ZY-0to �5 Office Zonin ate Gonzalez, Francisco From: Gonzalez, Francisco Sent: Tuesday, February 17, 2015 11:38 AM To: 'Tony Recio (TRecio@wsh-law.com)' Cc: Hegedus, Irene S. Subject: 53-61 NE 41 St and 50-68 NE 42 St. Good morning Tony, Please note that your rezoning application for the above referenced properties from T3 -L and T4-0 to Civic Institution (Cl), do not meet the rezoning criteria of Article 7 Section 7.1.2.8.c, as follows: 1. The proposed lots zoned T3 -L & T4-0 are not extensions of an existing transect zone Cl. 2. The proposed lots T3 -L & T4-0 to be rezoned only total approximately 28,125 square feet, which is less than the 40,000 square feet of minimum land area. 3. The proposed lots T3 -L & T4-0 to be rezoned only total approximately 150 lineal feet of street frontage on one (1) street, which is less than the 200 lineal feet minimum of street frontage on one (1) street. Therefore, your submitted package is ready for pickup in my office at your earliest convenience (the sooner the better). Regards, Trancisco X Gonzafez Zoning (Pians Trocessor (Department of (Planning andZoning gf (305) 416-1489 Ea)c(305) 416-1490 fgonzalez@miainigov.com No r al e % l/� D�'1 I r9"1 / S '0 - �i i7Pel �° / 11Z11Li!1 51 Applicant Fields City of Miami Public School Concurrent Application Type Concurrency Management System Entered Requirements Applicant Fields Information Application Type Public Hearing Application Sub -Type Zoning Application Name * Institute for Contemporary Art, Miami Application Phone * 305-854-0800 Application Email * trecio@wsh-law.com and emartos@wsh-law.com Application Address * 2525 Ponce De Leon Bvld, St. 700 Coral Gables, Florida 33134 Contact Fields Information Contact Name * Tony Recio or Edward Martos Contact Phone * 305-854-0800 Contact Email * trecio@wsh-law.com and emartos@wsh-law.com Local Govt. Name City of Miami Local Govt. Phone 305-416-1400 Local Govt. Email GDGay@ci.miami.fl.us Local Govt. App. Number (OFFICIAL USE ONLY) Property Fields Information Master Folio Number * 01-3124-024-1320 Additional Folio Number 01-3124-024-1330; -1220; -1210; -1200 Total Acreage 0.644 Proposed Land Use/Zoning * T4 r Single -Family Detached Units 0 Single -Family Attached Units (Duplex) a 0 Multi -Family Units * 0 Total # of Units * 0 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 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 torn 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 6fjtwpRa Mkqrds Owner(s)/Attorney/Applicant Name Owners)/Attorney/Applicant Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE r�► The foregoinLiyas acknowledged before me the day of ori 20I_,by e U -PRO MAIiroS who is a(n) individual/partnerigent/corporation of Sr a O+T. .Cr individual/partnership/ or ra&A Up/She is personally known tome a w o his as identification and who did (did not) take an oath. (Stamp) Si aM1,c VILLA MY COMMISSION # EE 116532 EXPIRES: September 13, 2015 ��9TEOF F��P\oP Bonded Thru Budget Notary Services -�-� ,w5 nc s If��, `� �f� � y y,.w�. I 4r sl St�91 de�� . 6-5i31h Tera i , !.. ►i _ } i !! p `q, ',.'J 49 '_- _�_ :.e ...�tb Sc�s� ♦/ yj ,J r Y4 .. moi` it . .,` .. � .., r rvl. '�. �. � i -y �Ga1F•L-n '\s��yl; �� J ��f _ N Nw-45tn-St - . 1 _ P 141n -St ..—.—• d + 9 i s �4\w� � + � , '�,. SI --I a+ 7W 4 NV .- - e\•r2nd-St= _ :' m `\ Sae Q _ V VV -4-1 St ••.; f J ., - -��- _ ' NE.r391h-St _ yW-4t)4r S[ — r ' NE-37lh:St .�, t. _...=:NJJ 38th.St�� , - NE Btfi-St '..--.�.. r ,•�� 'i i!_ �.. ip tt 1 'f � k m '� -' � � _ � r � T r � ' � r �r• � , � YNE#36t3i=Sty � - - - .— - _gyTT- r �NE�35ih 5t ►—�_--=••v'�- ti_ ekewater, P,n fteco_ I The Subject Property Orange lines represent 300 feet.7r -fii I -, *.-., 1, '�'� _ �-; j , --- t F�j � _ Yom. };}• VA a I'71air ` ~ ra = A j f NE As1 S, JA - Mw Cw-) 2 �0031C earth hit- -401 taw*, ■Google earth w I1 7ft V 0� 10 NE 41 Street Facing south. f " . �— --�.^— i Google, earth - 02015 Google US Dept of State Geographer JJt f © 2015 INEGI Vrmt'h" of State Oeograrher 44 iN -tA _lot4sr IL A4y•�� r 1.. "mom 1• •e �' - '.�' 4 i.• ♦ try `' + '++ 46' w � Google -earth Czi 2015 Google beEib�i- Evil ,W- 46 _ F • • .mss - _,: --� •- �'�S r fk Alba a. Y � alk a �. 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Y. . �' . a . •^'*5ari 1 -.. - .'1,:,-... - , . - 1laRuyLo. fo rnx>-mw>� -mS, nalN".nMlraa 1.mmo'.�—w2�mln"dayN'.wM5 sleI<.:Aw<.N pi(orA6aInAanAl'rn`ill0x. �lenaMxuP .eumrwnmel' t xpzmmewH`�L IIe0 A fNa`r.moxAN.C .� .n.nL m»nn.lr • _p fruJ�remaa u,c;I p ¢�.aoo0M,reiLpmm-l. sa.mn.S�Ylr4n.A: ^lM mpN —m/p/35i<�avAaepxJnmRa•C'U`xIr arq�aTm9<4 7mx.)Mxx aa�3o�G xRaxRI; .m..nmi 0 Lmo1pRiIIl��fIII APx.0 '5mm , ruima =D xR=—.I . ma T1 Va_RPntm—memLrl3(z,i#N@1�hrwr EapYOp.Rf9!s . a.— rolm.S3mE4m—x. wUmi. n-amRe�.�) Vrm 4Y of 53-61 N.E. 41st STREET, MIAMI MAMI-DADE COUNTY, FLORIDA 33127 for DACRA DEVELOPERS, INC. OWNER:1rzm I I PIERRF-LOUS 1OWNFR8FERMIN S_VAa COLETTE ALMA KC 'BBTMGRe' (P.B, 5. FG,671 -T LOT LOT 5 L!I0.I gsoM ZINN STREET 4sa— EWmuYrNf_ amPmam+ ABBREVIATIONS A. .. �Wr m,m nr >we IAnJ ryxa rorba coI l.au niRbn>�ovIff aIKyo la°enN bonrmun,nkxn oiwu-yG—p q�Wan ( axALTAee•.xul Ra .rLe I0n,)mK�W�1p n- �ewxa->o ABBREVIATIONS A. .. �Wr m,m nr >we IAnJ ryxa Ce fpr.. pRb Mc x i R m m 8 Pa.4e� � wncu Mm i m s LOT10 NOT N . 2 M I K I • m o o a g o M�ayx.)l6nba o oa .<R•'° /wlA »mNn M�ayx.)l6nba o oa .<R•'° /wlA »mNn m . uteupr_xpinjI+�m rorba coI l.au niRbn>�ovIff aIKyo la°enN bonrmun,nkxn oiwu-yG—p q�Wan ( axALTAee•.xul Ra .rLe I0n,)mK�W�1p n- �ewxa->o i N . E . 41N 'L LOCATION SKETCH NOT TO SCALE `� pw am p m m x > R x<a. c iwnI¢ � mm p mNRmpIIm:a.aI b- . p — xbmp aae'r rywz : N �am,a . k I nxs A®nenum,1 -, x . a . Im rwwr•au kw.nR w.auusx,wcm,e"mxf�nN.I m,n)um. om m•mw m:.rro . x v p m . _ _ _ g p A sle aR�Gm Fmmm en :. .� kol emEm a�bL,ld r e� mwWnl ua�awmhw R moa� N <A. Mm. vT�xlR . n�xm� .;pItAOr bq4o xmve r.S axxWwm nmpfpN: N r� q ewrb�s -.:m xamxm>©. mm.r c.�p xm��Sxdmm4p.4P °I • In mm:mRT�mbx.m�'le .e�RN� wm i . <nr m .e .ws, A mnbmrm em.�s. + nm,b"n :laY.aa:w :e a�p.apn m p .TsA8OFENCROp T. CLIENTINFUCIMATM mb-"A-m— sxmW swm :mc fe`m, nra mummr e.k aImmnAn>:mw NinPNnrnWm<eaae.. mrmk.,,Srneone ouIpm_ Ir..Mmd e"wauwrn�.N»n.µrufn . n.. vrW n m,.a n . n i . m R )n w x a / n n p w D . r, m x e o . oLwmm. x A. Vim e � . m u m l w n < . m a . VICINITYMAP TO scnLF 8 s • M e vp> 0 7T�m �I O m N sm Ae<x L w O+x TmrYPE eo Sr A . m w � m t a . . . ( r sn. v u s�y r E�PzY ocm r p x m pia n . p TL NOTES CORRESPONDING x T � � <a6.�mIJux,sInnu+Iex . l.-n x a aw YnOro m P ma ryparan mbr�aieme sm xm+ Bi »(o wBr ynnm f M>umkaL: mmue k Is i <amn tM w. ,na 4:;l V anIx�I eO SCHEDULE BSECTION R. ro<11 SURVEYORS CERTIFCATE, em eI <,nn.,wgymm wPr,x:vn ^+n o'< .».•: :.: +•s <f r .v ll b a n S FII-,N u m n m A m n � . v mNOTES. w& ,paIkm0. Ml Aa xm.m mmN y rp l( U waN bro=um"lu°.;'m} . . .»� , r -.... .a.m 11&Pno mpp x , xwxl.xw s Ar ,LQMW��ggqCrym PJ BOUNDARY ANBl��OPOGiR;APHrIr01 S'URVEilY GRAPHIC SCALE 1w erl I 15 e LLQ a�, LL LLL LLL LLL I I LL LL J�.O N.E. 42nd STREET 50' R/W s�e "nn..Psw\'u un�svuaY ✓,°�/ n� R a� azoG#668)0 �� 44' o?2 V6959'02'E 50.04'ry� �5�59'02'W 4VI -1 ommm® - we uctuvs ee..awresxrs o(5��ww rtw tunas) 9 6 cr()-nus mum�(r¢p ararzrza a� wt uweg� ma a� urw-w dor-our e awrwrme Zoning: T3 L (SOURCE: http:/1ww iami2l.org/) LEGEND: 13 Ow ua+) pate wd lAll at ® ¢Nrn xnxrva[ ME. 42.d O sHSE L ' : 6 � k------------ 6 : I LO' T�3+OiAr HEEKE910M UE LE L OESCRronON: LZPub AFP a-do� B.Mof & —E occordi g to Me Plot thl—,, as recorded In Pfot Book 6, of P.,6), a/ the - ec so amt ve y ° U T o Eoet of , Eo,n M,om,-ood, G n -Z 9 y. o n 00 o d >_ E g reg M d f° a m°n°m f line pf NE 4 d st t. n° nG °n ° m med be°rinp d{ N8956 as E. Q W v FlRM Map Number112096COJ04 5u{Nx L ore locatetl in Fednillvl Fload Lon2e � "K'. 'Z12 -1 Cwnm ems er C) } F y r 9 U O - reonmvre dtl mevaun a -.1 sQ Non elerfr rcrdrai nc0e mevswem f (EOM). unless amMwtse noted. Ura R ­r­ h. mo sbseenvlpcafed Imete�wallss theeexlvrw to e un 9 nd w 01� kundafi�s orwere shown. ULI antl of z L mclu g t not nmrfe0 to bud g, --app tenvnces, slwm dry g ys mx rooks rv^bbennnllsmvwn z W - m ww aro /oeahe,r or wr6re °edrn....nawn n.rar w.r. from laaame. � W - No t ­ pt moa by t° locate --,d amines. - W C a appotbv bt w de by tha sv p tv dere - mmvv 9 owner rp vnd/w r/g -or-entry rt t ereto. e e } e Q � „�m� 1. — ° ar wenana.,, ­­hmle, ar°a9 . mled mwefra. aratemw m eP °lee an ae m U o (n U 9 Sfatseof Rwi1. da. v drtrwral «stncf/ons v/k 9 h __l' -1 fM1e laws v{ the y IMI°mr, ane Me v eght.sarnddfep m aw eNtiimuem`°blnd m myugl Ib bdlbbl . thk hme wd p on ofMe /awcun w°fa ma rar leg snansM. i refermcea on Me {dlowing City aj tire tv the Nvhvnvl -d- VerUr O°fum v) T929 (NGW-1 29), vnd ore _ NoilcM Washv on concrete s = - =15.80' (NG69 1929), located: N.W 40 CL si0 PK Nan d was 1.11 M concrete s/eewa Ele�f 3 -a.26 =lJ.sfi' (II. I—). lom N.E. as 5 s).--- 2)'3 soufM1nor N.Eo42 Ave.---36`21Wesf or a.64 F ren)naanglwt ai sg onlrimo nom#x a�a o-eG, rtnoriay, I. w#ngw�Tamen r'I-, can:alt an awarrat A_91 e F W d suFVEYCFs c[RnF�ca rE . 8 F - Ine hr fv t\ MPOOc LLP . � � Ilrbld aey u.c e M m o{ cantemp uraryeArt M 6 �emamylna �eFar Pa W o < C iH f Ne affoched BOUNOaRr ANO )OPOGRAPNIC SURVEr was prepared in acca-dance 6 wlam cnept.r sd-I� a set rp4br mFlFlwldst— el --l—r sa.e — end Ma .a.,ant a seanan .oz . anda am we € pMthouh Z o U s NoF volltl Me signature and ° 9invl wised real of o Floridv Llcmaed Surveyor vn Moppe-. y m 5 B19 WestEF'IFlvgl ¢ 1—,..mi,IFL. J] 6]I 'l " 22 of24 F1 Oe vrfinenf ° Iture c'\pxc p g oil-1212-20i� LR-00G0129ritl sfIRL£Y OA)E '��iifgayd'rt 0 0384410 - Wo.'h°n9 i NueaR PSM Prafessran ntl Mappv No. 6519 155'fvf�! FlWda E I�Ibf x1 BOUNDARY AND 111OPOGR1APHrIrC SUR?VEEY GRAPHIC SCALE ( w er ) I d.E. 42nd STREET "� aF iTrkV v.'Rtx/ le) vrx asn '�fr'"a`v �'r Ry ••n `Pe a a va Bev er x vnntn rirew� ori are�imw ue NEI I I; ,� W 16,E .C f) �4 �.wv ouccsnrtrrtxn rxxar �xmri(Ir�rj I ��' rvn`' �i;j mePu muw le¢0 �. u . mwafesfuvnnw Zoning: T3 L (SOURCE: http://www.mlomi27. org/J LEGEND: ® �: pR >A ® rewee n.wwp�c _�,aAc47]B61-S7E8LI Om r !�t r_---. t-- -------- `9 '___=i_0 I: _ -------- ------ :"s gg K s rccr "N8958'4H'E LL LL L'LL �_v=o.$1ro,LLezz zsI z. V-.. mz my6 • § d g LL LL $' s s zo.v rsz r g ivy �. .. m"'a 5 •s li q6 m.p stmt ce.s rz, �z • Lo N6959'02'E iTrkV v.'Rtx/ le) vrx asn '�fr'"a`v �'r Ry ••n `Pe a a va Bev er x vnntn rirew� ori are�imw ue NEI I I; ,� W 16,E .C f) �4 �.wv ouccsnrtrrtxn rxxar �xmri(Ir�rj I ��' rvn`' �i;j mePu muw le¢0 �. u . mwafesfuvnnw Zoning: T3 L (SOURCE: http://www.mlomi27. org/J LEGEND: ® �: pR >A ® rewee n.wwp�c LOC'AT�I+O n It am .,ire Fer m me sar,fn ca:r rn�a,rar ar secnaa za. raw p 3 sol,M. 9 1 teat. Mreml-oam cax� - Lanes anvwn nerem cvmm�ing 5,009 spu re feet yr 0.I1 avros. mare pr lesx - fievrings aM1vwn nweon ore rererescea to fM1e manr.ment Ime of N.E. 42nd street, hating an aswmed bevnn N6956'a6'E e 'X'R per FlRM Mvp Num e- 12066C030a 8L1fix 4 Cwnmunity Nome C�y yr M�vmf Lwnm n'ty Numbe � 306iG erased epfembe� i, 2009. unless Di -w nvttatl I—me FNd measured us 9 v t W efvhon ­­drsNnce measurement (EOM) —dZ - r tram p%p ory a 1-e.. mnb na were my me .trlar face p euldin9r penmeterwwlse uneeyrovnd mown. na racofed o° I wn ,—�eai s e e/ of bmrfed ro ex�d 9 efmp�� w ee vv�n�Ma�=a, srW.—.f era `grroe pr„md pr menlm wr:. ' °eni'' - 1ne vpproxrmaH lacafrm of ns�ble utdifies shown I— ware fiNd located. - No attempt wps mod thea )°r fp locate onderyrovnd ublibes. - No vfte,rpt woe made by fne wrreyor tv defmnine minervl rl9hls vwnersnip and/or ng -or- y - selback, h�gH 1, b sily and� r paarking re s, referenced fp fhe'`ky of°„� tf budding C rad/w s some my mftype v may repvira vetotivn v legal T mf—t— mn be depleted vn Nis —y.t v hme nnm It p aNded Me surroyw by cllmf(s) 1e9vf I w - Elevvf'vns zhoxn hereon are Motre to the Mfionvl Geodetic Vertlevl pafum of 1929 (NGro-1929), orad are =11 rks:Crfy v i) PK 1.11& =1 - vn mnerefe w -0.26=15.60' (NGW 1929). located: N.W. 40 A✓x alk; Jlir 16 ' ' BT.I) FN SNvd & WaehefIn.f ovncrefe sdewvlkrveElevIJ.84'-0.26'-13.58' (NGro 1829), lvcvfed: N.E. 4J ST--- 27'2 South of CL.;; ME. E. 42 Ave.— -J62 f Wes[ of CL enUF,e qTv tob.t v d Mnf oot chconsult on vrbarisf nzr venFmhan of ac.entfic es, vnd frees 11.1erre unknown ro thle su sheVEYOR s LEFnFlLA]E tl LCL dsXMlami. LL dd ftroxb Ite Inr/ranr ce Ca ane x e. utdMOW9ovure. szsaw :fei o�aerrsieerminiom"t (Jos) Sz4-yen SLftbEY OA 1E� G r I y �n Wdtgvn9 s. Hued, PSM PrafexMpnm sxr.ppwr and Mapp®- Na. 6sr9 _�,aAc47]B61-S7E8LI r !�t r_---. t-- -------- `9 '___=i_0 I: _ -------- ------ -_- _I_ I________._ f le -_____ is IT - �_v=o.$1ro,LLezz zsI z. V-.. 'V�E� 49W SrTREA7 LOC'AT�I+O n It am .,ire Fer m me sar,fn ca:r rn�a,rar ar secnaa za. raw p 3 sol,M. 9 1 teat. Mreml-oam cax� - Lanes anvwn nerem cvmm�ing 5,009 spu re feet yr 0.I1 avros. mare pr lesx - fievrings aM1vwn nweon ore rererescea to fM1e manr.ment Ime of N.E. 42nd street, hating an aswmed bevnn N6956'a6'E e 'X'R per FlRM Mvp Num e- 12066C030a 8L1fix 4 Cwnmunity Nome C�y yr M�vmf Lwnm n'ty Numbe � 306iG erased epfembe� i, 2009. unless Di -w nvttatl I—me FNd measured us 9 v t W efvhon ­­drsNnce measurement (EOM) —dZ - r tram p%p ory a 1-e.. mnb na were my me .trlar face p euldin9r penmeterwwlse uneeyrovnd mown. na racofed o° I wn ,—�eai s e e/ of bmrfed ro ex�d 9 efmp�� w ee vv�n�Ma�=a, srW.—.f era `grroe pr„md pr menlm wr:. ' °eni'' - 1ne vpproxrmaH lacafrm of ns�ble utdifies shown I— ware fiNd located. - No attempt wps mod thea )°r fp locate onderyrovnd ublibes. - No vfte,rpt woe made by fne wrreyor tv defmnine minervl rl9hls vwnersnip and/or ng -or- y - selback, h�gH 1, b sily and� r paarking re s, referenced fp fhe'`ky of°„� tf budding C rad/w s some my mftype v may repvira vetotivn v legal T mf—t— mn be depleted vn Nis —y.t v hme nnm It p aNded Me surroyw by cllmf(s) 1e9vf I w - Elevvf'vns zhoxn hereon are Motre to the Mfionvl Geodetic Vertlevl pafum of 1929 (NGro-1929), orad are =11 rks:Crfy v i) PK 1.11& =1 - vn mnerefe w -0.26=15.60' (NGW 1929). located: N.W. 40 A✓x alk; Jlir 16 ' ' BT.I) FN SNvd & WaehefIn.f ovncrefe sdewvlkrveElevIJ.84'-0.26'-13.58' (NGro 1829), lvcvfed: N.E. 4J ST--- 27'2 South of CL.;; ME. E. 42 Ave.— -J62 f Wes[ of CL enUF,e qTv tob.t v d Mnf oot chconsult on vrbarisf nzr venFmhan of ac.entfic es, vnd frees 11.1erre unknown ro thle su sheVEYOR s LEFnFlLA]E tl LCL dsXMlami. LL dd ftroxb Ite Inr/ranr ce Ca ane x e. utdMOW9ovure. szsaw :fei o�aerrsieerminiom"t (Jos) Sz4-yen SLftbEY OA 1E� G r I y �n Wdtgvn9 s. Hued, PSM PrafexMpnm sxr.ppwr and Mapp®- Na. 6sr9 BOUNDARY AND 1-lOPOGIrRAPHrIrC-' S'URVEIY GRAPHIC SCALE - - -E C - � W—, N.EY42nd�STREET 1 - w/w"s sm ''77,— vo 8958'K"E,r'p ,av , 50fl6, euly 8 m p �s �a ❑-3 ® $' �€ s 5G.04B(CJ W sofsl ®®O®®®® mmmmm� ©omms�m� oommm,�� ©mmmm P) uoro e ansalwe Zoning: T3 L (StIURCE: http://www.miami2l.org/) LEGEND ® - OP.MeL tip6,P� ® s[xcw MN�naE I I thzaI , 16 ILL le i za'N.E. e E8 BCAYB !" _ IGO' !£CAL DESCRPi1GV: Pte 6 v/ 91LPIOFE, accvrnngev fhe Plvf fM1seal, as retarded in Plof Boak 6, a! g y, al the Pub6c6Recv.tl of Mrvmi-Dude Caunfy, Flwi a. � suRVEraP's rvGrEs: z 6t � � — L - Thdrs eft: Iles In the South Evst Cuprtw of Secfivn 24. TawnsMp 5J SvuM. Range 61 East, Mlami-Dude County, i � £ - Lands shown Hereon con toning 5aG8 squwe /eeL ar D.it acres, mare w lass. z Q - wn hersm v.e relermced ft the monument line of N.E. 42nd Stree1 hating vn oeamed bearing of Q N895846 E Map Numbe- 12686C6J04 Suffix L, �mn Rsep o N „{ c ewnm r ame cry M,am� ct r amdw. Izofiso, rreNeee nor- It, zaw. - eneio,�s indloor.e servos we nslaumeasprm 9 roml wmnw eleentn�n aiemnen maaeareme"c (mM), O U o � ^� u�9uaan9 drmanelwe :sown Hereon wore meavree ne leve' a e e.mtiw race. z jl e M the e.mw rase ar hoe g p metro wore, —-1W ' 6onina o� sem, ia�aretl sA a- :gown. W 1 ? ne �otaiim�red y. : 2:.. 00 owp� na 9 b I», r,g ..etmemral pp renanaee. row o oinog mm:Manes a• o � meba oraemafe larnban or vs�nle umrnes snows nerew mre nerd mcafed. § W w - No attempt was a surveyor m mrate an gra na anrnes. moah W R - Nv atfenpM1 w y the surveyor to deta+nrne mmery rights awnemhip "nd/w rights-vFmky e z — "� a pP�rtwon ere,om Q ��e mere ndae esmle ew�dets or rvenanae robmsn nm, sloagns. mrse m wslfs. nsrerns ar � mors to me newon e prapsr r. m U o cn U a Ne bne m Mt lawae/rwY state al Flwea. e,honmermittee m� aereunen-. se nvight, k, / d'spsneiT� o m m9 wntlF mor revolt : u regal mferpremtian wJ e rmr i tiro can he ep N M go w isoeudiveY of o flma wren It I --1 fa Me rreyw y a cw„sMM - Elevafians shown hxean ars rNvnve to the National Csadetic Merntvl DaNm vl 1929 (NGW-1929), and are b reM encu o�Me Mllawmg Clty vl " l) PK� Noll h Wvaher on concrete sidewvlk; Elev. I6.o6'-D.T6'=1560' (NGW 1929), locafetl: NW 40 E H. ii) PK cher inmetes ervsElev.=138a =0.26'-1558' (NGW 1829). len.fad. NE. a3 3 sr-- z2t saaln or CL.; N.E. az ave. --Jsr weef or ct. a e L I1G"t t°n.ewr on wdaner rw � one W a e vr,raanon of acenuncenames� tree: mot we anxnawn fo rn,s : ya- ENR�,�aSGERDFlGa>E. <h _ �ILI =bo 3 Tl—aee mnns Mi mi, LLc ciP�sw�e� -y T. m aen�.e .. 'woo ]ha We A vwoe prepared In accvrdvnce c anatnee -eau so r mFl�ra ao`e� a . o1 f --f—sarwyors and MroPen�pu oast to 8ectlw 4%zed N.tuY M gnoturs -1ang r raked seal tl a Florida Lrceneed ono Moppet. M a e a. s ee . EFlameerincg campaar. f— 5 Mlwwi, FL. TJiJG o e4 (J05) 32a-n"daof A9 .1mmt riculturs AMa'4" e o ,�-b"�, d suRhEr DAre: rl-tz-TDIa es�'`>a a _ 03-64410 xo. WdHan9 s. Nueck, Psd ... � _ Prorese�oaar s5fate�or Fwid �er No.:sig 1Evf^7 nr_�F�F