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Home My WebLink AboutPZAB 5-20-15 Supporting DocumentationPZAB.5 PLANNING, ZONING AND APPEALS BOARD FACT SHEET File ID: 15-00083lu Quasi -Judicial Title: A RESOLUTION OF THE PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 22 & 25 NORTHWEST 31ST STREET AND 20 & 28 NORTHWEST 32ND STREET, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Location: Approximately 22 & 25 NW 31st Street and 20 & 28 NW 32nd Street [Commissioner Keon Hardemon - District 5] Applicant(s): Steven Wernick, Esquire, on behalf of 31st Street Residences, LLC Akerman, LLP One SE 31 Avenue, Suite 2500 Miami, Florida 33131 305-982-5579 Purpose: This will change the land use designation for above properties from "Duplex Residential" to "Low Density Restricted Commercial". Finding(s): Planning & Zoning: Recommends approval. See companion File ID: 15-00083zc. Planning, Zoning and Appeals Board: May 20, 2015. i City of Miami e,, P,I Planning and, Zoning Department «� +• Division of Land Development ANALYSIS FOR FUTURE LAND USE MAP CHANGE LOCATION: 22 & 25 NW 31St Street; 20 & 28 NW 32nf Street, Miami, FL, 33176 FILE ID: 15-00083lu APPLICANT: Steven J. Wernick, Esq., on behalf of Miami -Dade County, 31St Streets LLC, Gabin Investments Inc. COMMISSION DISTRICT: District 5 NET OFFICE: Wynwood 1 Edgewater LAND USE DESIGNATION: Duplex Residential REQUEST The proposal is for a change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan designation of four (4) properties from "Duplex Residential" to "Low Density Restricted Commercial". (A complete legal description is on file at the Hearing Boards Office). FUTURE LAND USE Miami Comprehensive Neighborhood Plan (MCNP) Policy LU -1.6.1 established future land use categories according to the 2020 Future Land Use Map and the "Interpretation of the Future Land Use Map." "Areas designated as `Duplex Residential' allow residential structures of up to two (2) dwelling units each to a maximum density of eighteen (18) dwelling units per acre, subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements. Community based residential facilities (fourteen (14) clients or less, not including drug, alcohol or correctional rehabilitation facilities) also will be allowed pursuant to applicable state law. Places of worship, primary and secondary schools, child day care centers and adult day care centers are permissible in suitable locations within duplex residential areas. Professional offices, tourist and guest homes, museums, and private clubs or lodges are allowed only in contributing structures within historic sites or historic districts that have been designated by the Historical and Environmental Preservation Board and are in suitable locations within duplex residential areas, pursuant to applicable land development qty of &g"t Ci Pllni Zoning Fr slut Division of Lanionnkent regulations and the maintenance of required levels of service for such uses. Density and intensity limitations for said uses shall be restricted to those of the contributing structure(s)."' "Areas designated as "Low Density Restricted Commercial" future land use category allows residential uses (except rescue missions) to a maximum density equivalent to "Low Density Multifamily Residential" (36 dwelling units per acre) subject to the same limiting conditions; transitory residential facilities such as hotels and motels; general office use; clinics and laboratories commercial activities that generally serve the daily retailing and service needs of the public, typically requiring easy access by personal auto, and often located along arterial or collector roadways, which include: general retailing, personal and professional services, real estate, banking and other financial services, restaurants, saloons and cafes, general entertainment facilities, private clubs and recreation facilities, major sports and exhibition or entertainment facilities and other commercial activities whose scale and land use impacts are similar in nature to those uses described above auditoriums, libraries, convention facilities, places of worship, and primary and secondary schools. This category also includes commercial marinas and living quarters on vessels as permissible. The nonresidential portions of developments within areas designated as "Low Density Restricted Commercial" allow a maximum floor lot ratio (FLR) of 3.0 times the net lot area of the subject property. DISCUSSION The subject area consists of four (4) parcels comprising approximately 1.13 acres (49.357 square feet). The parcels are located directly west from North Miami Avenue, comprising the blocks between NW 31St Street to the south and NW 32nd Street to the north. The subject parcels are designated "Duplex Residential The abutting properties immediately to the north, and west, are also designated "Duplex Residential". The abutting properties to the east are designated "General Commercial"; and the abutting properties due south of the subject area are designated "Medium Density Multifamily Residential'. There are two higher density activity centers around this area, Buena Vista Regional Activity Center (RAC) located east of North Miami Avenue, designated as Restricted Commercial, and NW 2nd Avenue located to the west. Buena Vista RAC is a major development located in Midtown Miami West Special District, consisting of several blocks of shopping malls, restaurants, bars, residential towers and commercial establishments. NW 211 Avenue contains a vibrant commercial corridor along its avenue, with many active small business, Civic Centers and Recreational Areas. Miami Comprehensive Neighborhood Plan. Goals Objectives Policies. January 2013. "Duplex Residential" File Id. 15-00083lu Page 2 of 5 City walew�i lin and Zoning Department,, (>iii oaf' .rand V-e-vefoDment EXISTING NEIGHBORHOOD CHARACTERISTICS: FUTURE LAND USE DESIGNATION Sub ect Pro erties: Duplex Residential Zone Maximum of 18 D.U. per acre Surrounding Properties NORTH: Duplex Residential. Maximum of 18 D.U. per acre SOUTH: Medium Density Multi -Family Residential. Maximum of 65 D.U. per acre EAST: General Commercial. Maximum of 65 D.0 per acre WEST: Duplex Residential. Maximum of 18 D.U. per acre ANALYSIS ZONING Subiect Properties: T3-0: (Sub -Urban Open)Transect Zone Surrounding Properties NORTH: T3-0; (Sub -Urban Open) Transect Zone SOUTH: T4 -R; (General Urban Restricted) Transect Zone EAST: T5-0; (Urban Center Open) Transect Zone WEST: T3-0; (Sub -Urban Open) Transect Zone The MCNP Interpretation of the 2020 Future Land Use Map indicates that the "Duplex Residential' future land use category allows residential structures of up to two dwelling units each up to a maximum density of 18 dwelling units per acre. The requested "Low Density Restricted Commercial" designation allows residential structures up to a maximum density of 36 dwelling units per acre. The higher density allowed in the "Low Density Restricted Commercial" designation is consistent in scale and density with what is allowed to the south of the subject property (Medium Density Multifamily Residential) and to the east of the property (General Commercial). MCNP Land Use Policy LU -1.1.1 states that development orders authorizing new development or redevelopment that results in an increase in the density or intensity of land use shall be contingent upon the availability of public facilities that meet or exceed the minimum LOS standards adopted in the Capital Improvements Element (CIE), specifically sanitary sewer, solid waste, storm water, potable water, parks and recreation, and transportation facilities. The public services and facilities provided to meet concurrency requirements shall be consistent with the CIE, or guaranteed in an enforceable agreement. The public services and facilities will include public schools when the Miami -Dade County School Board and local governments in the county implement school concurrency pursuant to paragraph 163.3177(12)(i), F.S. The subject site is slightly larger than an acre. The intensity of this land use change, and File Id. 15-00083iu Page 3 of 5 CKY 01, VJi4amE [G n % g and, Zordrit D f lrfrrr 6 f, constituent increase in density of 36 dwelling units per acre, will have a minimal impact on the aforementioned concurrencies. MCNP Land Use Policy LU -1.1.7 states that land development regulations and policies will allow for the development and redevelopment of well-designed mixed-use neighborhoods that provide for the full range of residential, office, live/work spaces, neighborhood retail, and community facilities in a walkable area and that are amenable to a variety of transportation modes, including pedestrianism, bicycles, automobiles, and mass transit. The proposed "Low Density Restricted Commercial" designation allows commercial activities that generally serve the daily retailing and service needs of the public, typically requiring easy access by personal auto, and often located along arterial roadways. The subject parcels are located west of North Miami Avenue, considered a major thoroughfare that provides easy avenue between Downtown and southern Miami. The increase in density associated to this land use designation request may provide continuity, buffering and transition between the Duplex Residential to the west and the General Commercial to the east. Furthermore, the subject site is located in close proximity to various modes of public transportation. MCNP Land Use Objective LU -1.3 states that the City will continue to encourage commercial, office and industrial development within existing commercial, office and industrial areas; increase the utilization and enhance the physical character and appearance of existing buildings; encourage the development of well-designed, mixed-use neighborhoods that provide for a variety of uses within a walkable area in accordance with neighborhood design and development standards adopted as a result of the amendments to the City's land development regulations and other initiatives; and concentrate new commercial and industrial activity in areas where the capacity of existing public facilities can meet or exceed the minimum standards for Level of Service (LOS% adopted in the Capital Improvement Element (CIE). The subject site will allow the introduction of a variety of new commercial activities, contributing to the objective of building a mixed-use walkable neighborhood that connects the area with nearby Wynwood and Midtown Miami. • Policy L.0-1.4.3 — The City will continue to promote an active pedestrian sidewalk environment along the ground floor frontage of buildings on "pedestrian streets" through land development regulations. • Policy LU -1.3.95 —The City will continue to encourage a development patterns that enhances existing neighborhoods by developing a balanced mix of uses including areas for employment, shopping, housing, and recreation in close proximity to each other. • The Miami 21 zoning designation currently approved for these parcels is T3-0 — "Sub - Urban -Open". The proposed designation will change to T4 -L — "General Urban - Limited" transect zone. File Id. 15-00083lu Page 4of5 City I1`7i:�f RECOMMENDATION Based on the aforementioned findings, the Planning Department is recommending APPROVAL of the amendment as presented. These findings support the position that the Future Land Use Map at this location and for this neighborhood should be changed to the proposed designation. Christopher Brimo Chief of Land Development L. Vicentini 5/11/2015 File Id. 15-00083[u Page 5 of 5 FUTURE LAND USE MAP (EXISTING) Public Parks and Recreation II NW 33RD ST NW 32ND ST II NW 31 ST ST 7� LIE11 NW 34TH ST w Q W LLMI � Lt z NW 33RD ST LU Q W z NW 32ND ST LU u lex R sid tial F'- Z w Ca z N W 316181 NW 29TH ST vena tAC NE 29TH ST 0 150 300 600 Feet I I I I I I I I I ADDRESS: 22-25 NW 31 STAND 20-28 NW 32 ST 0 NW 32N T►S H U) r Wj34TH ST, 33RD N W,32 N DIST 31 SM S PNW't29THCST, j 150 300 600 Feet i � rte► L' NE -34TH ST, lot R Vit. tl i.. *NE., 32ND ST W ,_ ' NE 31ST'ST Z y rte+ d1 1 W j ADDRESS: 22-25 NW 31 STAND 20-28 NW 32 ST 01, City of Miami °fi p''° + Legislation PZAB Resolution File Number: 15-00083lu City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: A RESOLUTION OF THE PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED ATAPPROXIMATELY 22 & 25 NORTHWEST 31ST STREET AND 20 & 28 NORTHWEST 32ND STREET, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 22 & 25 NW 31st Street and 20 & 28 NW 32nd Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Steven Wernick, Esquire, on behalf of 31st Street Residences, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. See companion File ID 15-00083zc. PURPOSE: This will change the land use designation for above properties from "Duplex Residential" to "Low Density Restricted Commercial". WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on May 20, 2015, following an advertised public hearing, adopted Resolution No. PZAB-R-*-* by a vote of * to * (*-*), item no. *, recommending *of the Future Land Use Change as set forth; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to grant this change of land use designation 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. Ordinance No. 10544, as amended, the Future Land Use Map of the Miami Comprehensive Neighborhood Plan, pursuant to small scale amendment procedures subject to City of Miami Page I of 3 File Id. 15-00083tu ([version: 1) Printed On: 5/12/2015 File Number: 15-00083lu §163.3187, Florida Statutes, is further amended by changing the Future Land Use designation of 1.13 ± acres of real properties at approximately 22 & 25 Northwest 31st Street and 20 & 28 Northwest 32nd Street, Miami, Florida, from "Duplex Residential" to "Low Density Restricted Commercial"; as depicted in "Exhibit A", attached and incorporated. Section 3. It is found that this Comprehensive Plan designation change involves a use of 10 acres or fewer and: (a) Is necessary due to changed or changing conditions; (b) The cumulative annual effect of the acreage for all small scale development amendments adopted by the local government does not exceed a maximum of 120 acres in a calendar year; (c) The proposed amendment does not involve a text change to goals, policies, and objectives of the local government's comprehensive plan, but proposes a land use change to the future land use map for a site-specific development. However, text changes that relate directly to, and are adopted simultaneously with the small scale Future Land Use Map amendment shall be permissible; (d) Is one which is not located within an area of critical state concern as designated by §380.0552, Florida Statutes or by the Administration Commission pursuant to §380.05(1), Florida Statutes; (e) Density will be "Low Density Restricted Commercial", 36 dwelling units per acre, per the Miami Neighborhood Comprehensive Plan, as amended, and intensity will be as established in Article 4 of the City of Miami Zoning Ordinance, the Miami 21 Code, as amended; and (f) The proposed amendment complies with the applicable acreage and density limitations set forth in the Local Government Comprehensive Planning and Land Development Regulation Act including, without limitation, §163.3187, Florida Statutes. Section 4. The City Manager is directed to instruct the Director of the Planning and Zoning Department to promptly transmit a certified copy of this Ordinance after its adoption on second reading to: the reviewing agencies pursuant to §163.3184, Florida Statutes; and any other person or entity requesting a copy. Section 5. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 6. This Ordinance may not become effective until thirty-one (31) days after second reading and adoption thereof pursuant and subject to §163.3187, Florida Statutes. {1} APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ CITY ATTORNEY Footnotes: City of Miami Page 2 of 3 File Id: 15-000831u (Version: 1) Printed On: 5/12/2015 File Number: 15-00083lu {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: 15-000831u ([version: 1) Printed On: 5/12/2015 Exhibit A — Addresses and Legal Description Subject Property: 22 NW 31 Street 2� 25 NW 31 Street 20 NW 32 Street 3) 28 NW 32 Street Legal Description: Folio 01-3125-028-0020 Folio 01-3125-027-0250 Folio 01-3125-027-0080 Folio 01-3125-027-0070 Lots 4, 5, 6, Block 1, Saint James Park, According to the Plat thereof as recorded in Plat Book 3, Page(s) 65, of the Public Records of Miami -Dade County, Florida. 2�Lots 30 and 31 and the South 43.57 feet of Lots 12 and 13, in Block "A", of Price's Addition to St. James Park, according to the Plat thereof, as recorded in Plat Book 4 at Page 47 of the Public Records of Miami -Dade County, Florida. The North 100 feet of the Lots 12 and 13, Block A, of PRICE'S ADDITION TO ST. JAMES �} PARK, according to the Plat thereof, as recorded in Plat Book 4, at Page 47, of the Public Records of Miami -Dade County, Florida. {26746877;1 } CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT Pio poa.I N� 15-00083„ IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP Dat,: 04/29/2015 WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION CONCURRENCY ANALYSIS Applicant St—, W,,,,,k, Esq. ,n b,haIf of 31 st ST R,sid,,,,,s, Mia — Dad, t, RECREATION AND OPEN SPACE Population R,sid—, 52 Add11ss: 20 & 25 NW 31 ST and 20 & 28 NW 32 ST Spa„ R,q„i,„n,nt, a, 0.07 Bo,,,,da1y Sty„ : Norah: NW 32 S East: N Mia,ni A— Ex„aa Capa,ity B,f Chang, 182.80 Solth: NW 30 ST W,st: NW 1 Ate, Ex„ss Capa,ityAft— Chang, 182.73 P—pos,d Chang,: F-: Dupl R,s d,ntial Con,,,..,n,y Ch„k,ff OK To. Low-D,naity R,stCo,n Existing Designation, M,n,,,n Land Us, Int,n—ty POTABLE WATER TRANSMISSION R—d,ntiai 1.1300 @ 18 DU/a,., 20 DU's Population Inge,n,nt, R,s 52 P,ak Ho„, P-on -Tip G --ton, R,sid—t— 16 T---., R,q„ �„n,nt, gpd 11,709 Other q.ft. `. FLR 0 sq.ft, Excess Capacity Before Chang, >2% above demand Peak Ho„, Pegs Tip G --t—, Other Ex, Capa,ity Aft, Chang, >2% ab,ve d,.nand Con,...,n,y Ch„Koff OK P—posed Designation, M-- Land Us, Intensity R,sid,ntiai 1.1300 a, ,s@ 36 DU/ae., 41 DU's SANITARY SEWER TRANSMISSION Peak Ho„, P-on -Tip G,n,—ion, R,sid,ntiai 31 Population In, e n,nt, Residents 52 Oth,„ q.ft. FLR 0 sq,ft, Tans,nR,q„i„,m,,,t, gpd 9,671 Peak Ho„, P-on -Tip G --tion, Oth— 0 Exe,ss Capaeity B,f Chang, S„ Not, 1. Exe,ss CapaeityAft— Chang, S„ Not, 1. N,t Inge, — With P—posed Change: Cone„..,ney Ch„Koff WASA P-- R,q,,,d Pop t on 52 D—ii, Units 20 STORM SEWER CAPACITY Peak Ho„, Person -Tips 14 Exfilt—tion Syst„n B,f Change 0'-s Exfilt—tion System After Change On-site Planning District Wynwood/Edgew r C oncurrenc y Checkoff OK C.„ntyWast,.,..a Col,,tionZon, 308 D,ai„ag, Subeateh—t Basi„ H2 SOLID WASTE COLLECTION Selid Wast, C,I,etion Rote 110 Pep„ ation In, e n, , Residents 52 Tanspo—tion C.—de, Nam, N. M- Ate, S—d Wast, G --t—, tons/y,a 67 Excess Capacity Before Chang, 800 RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Exe,ss Capaeity Aft, Chang, 733 Cone„..,ney Ch„Koff OK Land Us, IS— LU -1 (S„ attaehm,nt 1) Land Us, Objet LU -1.1 TRAFFIC CIRCULATION Land Us, Pohey 1.1.1 Population Residents 52 Capital I,np'o..,, ”, Geal CI -1 P—k-H.— P-on -T, G --tion 14 Capital Improvements Objective CI -1.2 LOS Before Change B C. P.— 1mP o„eme s Po y1.2.3 a -g LOSAft— Chang, B Cone„..,ney Ch,ekoff OK NO I Ls. i. P ....... „�,..,.. ,P„.P, �.��P�..,�� m �,.. „P �..,,P„ „, MP... u..— W-,- S__ A,,.„..,.. ASSUMPTIONS AND COMMENTS UP,.,..m P,,.. twnsAi. L,�.P=, �_ Population increment is assumed to be all new residents. Peak -period trip d � L .,. D M R.--n—l'.-_ , _ �, d o d m o T„ s y o n ow s o generation is based on ITE Trip Generation, 5th Edition at 1.4 occupancy for private passenger vehicles. Transportation Corridor ppv average capacities and 1 LOS are from Table PT -2(R1), Transportation Corridors report. n„o na,ow dmn eo m m n N s lyw „ 1—y—-- da Potable water and wastewater transmission capacities are in accordance with ....,« n,,,, —1 „„1, « „ a o. N d ox ,o n«d a, Metro -Dade County stated capacities and are assumed correct. Service p yp q s y p-11"11 s connections to water and sewer mains are assumed to be of adequate size, if not, new connections are to be installed at owner's expense. p n« .,—, N d. . n ,o rn„, ,, p , n d ,„,„, o o. «rta, m „, , n RecreatioNOpen Space acreage requirements are assumed with proposed w„o,. ,.n d _ p «, „m, n. , n.....o .„o,..... change made. T„„ The nonresidential portions of developments within areas designated as ILow Density Restricted Commerciall allow a maximum floor lot ratio (FLR) of 3.0 times the net lot area of the subject property. rnn 1 SNI nv1 va Steven J. Wernick Akerman LLP One Southeast Third Avenue Suite 2500 Miami, FL 33131-1714 Tel: 305.374.5600 Fax: 305.374.5095 Dir: 305.982.5579 Dir Fax: 305.349.4803 steven wernick@akerman oom January 16, 2015 Francisco Garcia Planning Director City of Miami 444 SW 2n' Avenue Fourth Floor Miami, FL 33130 a RE: 22�& 25 NW 31 Street; 20 & 28 NW 32 Street, Miami, Florida Rezoning and Comprehensive Plan, Amendment Dear Mr. Garcia: On behalf of 31St Street Residences, LLC (the "Applicant.'), we submit to your attention this application for a rezoning and companion future land use amendment for the abutting properties located at 22 NW 31 Street, 25 NW 31 Street, 20 NW 32 Street and 28 NW 32 Street (collectively, the "Property"). The Applicant is the contract purchaser of 25 NW 31 Street and 20 NW 32 Street (the "31 Street Residences Parcels") which has frontage on the north side of NW 31 Street, just west of North Miami Avenue. The parcel known as 22 NW 31 Street is owned by Miami -Dade County and managed by the Department of Public Housing and Community Development (the "County Parcel") and has frontage on the south side of NW 31 Street, just south of the 31St Street Residences Parcels. The parcel known as 28 NW 32 Street is owned by Gabin Investments, Inc (the "Gabin Parcel"), has frontage on the south side of NW 32 Street, and directly abuts the north side of the 31S1 Street Residences Parcels. The zoning of the Property is presently T3-0 and the future land use designation is Duplex Residential. The Applicant is proposing to rezone the Property to T4 -L and to amend the future land use designation of the Property to Low Density Restricted Commercial (the "Application"). Existing Conditions All of the properties located along the west side of the North Miami Avenue corridor in the vicinity of the Property are currently zoned T5-0. From approximately NW 34th Terrace to NW 31 st Street, there is a noted absence of a T4 transition zone between the T5 properties that front on North Miami Avenue and the T3 properties to the west. This lack of transition zone makes it particularly difficult for property owners to create meaningful development sites as the parcels with f66ffSW 3iRrNorth Miami Avenue are generally too narrow to allow for efficient structured parking ;30194604;2; Francisco Garcia, Planning Director January 16, 2015 Page 2 and the T3 zoning designation immediately to the west does not allow for parking uses. The lack of a transition zone encourages the persistence of underutilized parcels and surface parking lots along North Miami Avenue, While Midtown is thriving on the east side of North Miami Avenue, the current zoning presents an ongoing challenge to creating a lively active streetscape along North Miami Avenue. Analysis of Abutting Neighborhood Condition and Justification Based on its composition and appearance, the neighborhood located to the west of the Property does not appear to be consistent with the description of T3, the Sub -urban Zone, and is actually more closely aligned with T4, the General Urban Zone. As set forth in Miami 21, Article 4, Table 1: The Sub -urban zone consists of low -Density areas, primarily comprised of Single -Family and Two Family residential units with relatively deep Setbacks, Streetscapes with swales, and with or without Sidewalks. Blocks may be large and the roads may be of irregular geometry to accommodate natural and historic conditions. The General Urban Zone consists of a Mixed -Use but primarily residential urban fabric with a range of Building types including rowhouses, small apartment Buildings, and bungalow courts. Setbacks are short with an urban Streetscape of wide Sidewalks and trees in planters, Thoroughfares typically define medium sized blocks. The neighborhood to the west of the Property is made up of a mix of bungalow style homes, many with multiple structures on one parcel, duplexes and small apartment buildings. The development pattern exhibited in the neighborhood is much more closely aligned with the description of the T4 transect zone than the T3 transect zone. As such, the introduction of T4 zoning at the east side of the neighborhood, between the existing T3 and T5-0 zoning districts, will not be detrimental upon or disruptive to the fabric of the neighborhood. Additionally, the neighborhood is bounded by Wynwood on the south, Midtown to the east and contains a vibrant commercial corridor along NW 2nd Avenue with many active small businesses. Compliance with Miami 21 and the Miami Comprehensive Neighborhood Plan As set forth in Miami 21, Article 7, Section 7.1.2.8.a.3., rezoning from T3-0 to T4 -L complies with the successional zoning requirements. As the total land area included in the Project is approximately 49,357 square feet, the Project meets the additional requirements of 7.1.2.8.c.1. The proposed companion Comprehensive Plan Amendment would amend the future land use designation of the Property to Low -Density Restricted Commercial, which calls for 36 u/acre and neighborhood compatible commercial uses, which is reflective of the types of transition uses that are appropriate between high intensity and density permitted in General Commercial (as those properties fronting on North Miami Avenue are designated) and the restrictive nature of Duplex Residential (as those properties in the neighborhood to the west are designated) . A rezoning to T4 -L would be consistent with the density, intensities and uses permitted in Low -Density Restricted Commercial. {30194604;2} Francisco Garcia, Planning Director January 16, 2015 Page 3 County Parcel inclusion in the Application Inclusion of the County Parcel in the Application is critically important for several reasons. First, it will enable the new T4 zoning to extend southward from NW 32 Street to existing T4 zoned parcels to the south of the County Parcel, forming a continuous band of T4. This may prompt the City to consider initiating future rezoning to extend the T4 band north to NW 34 Terrace, which could further effectuate and facilitate redevelopment along the west side of North Miami Avenue. Further, inclusion of the County Parcel allows the project to meet the technical criteria for rezoning in that more than 40,000 square feet of land area is achieved by its inclusion. Although County staff have expressed enthusiasm and support for the proposed rezoning, there have been several challenges to including the County Parcel in the application, First the County does not have designated financial resources. Secondly, the County Attorney's office has opined that the County Commission would need to grant authority to the Mayor or his designee to join or consent to the application. To that end, the Public Housing and Community Development Department has taken steps to initiate this process. In an email received on January 15, 2015, from the City's Deputy Planning Director, Cesar Garcia -Pons, we were informed that the City will accept the application, including the County Parcel, with the understanding that the application will be held in abeyance until such time as the County provides evidence of authorization for inclusion of the County Parcel. In addition, the City recognizes the reduced fees applicable to government agencies, pursuant to Chapter 62 of the City Code, in an amount of $1,000 for the rezoning and comprehensive plan amendment for the land area associated with the County Parcel. All additional fees necessitated by inclusion of the County Parcel, including public notice to property owners within 500 feet, will be paid by the Applicant. Conclusion Enclosed herein is a completed application with all required supporting materials. Thank you for your consideration of this application. We look forward to your favorable review and to presenting in front of the Planning, Zoning and Appeals Board and the City Commission. Si Steven J. Wernick Enclosures ,30194604;2} Zoning Map T t -R Parcels West of N. Miami Ave City of Miami, FL i I T3 -0' i i I'l w i i a w s V �e�asxrrrrx,} 1r _ I T6-24-0 I SO -27.2 SD -27.1 1 � rl 1 w , I � r n ' w , Jr �1 r _ I T6-12-0 T6-8-0 T5T 5 -L I r __ -- I I T6-31 I N W --E S qL Lim 161, r , � crr, tu z • Z' `j - W,r it L „p J. D► ✓ 1 .K wow te '�.+. K1 MA. _ A.L. }IONI . �� r...............a....- .-: _ r '* � � y, ,rte � ` � .lam ..y � � , ,—•I. / � r ��.�ySh�,'�j� 1 ',4,•77ii`•++ � I f t� iZY� , ti �!� !rl' '; �'��y v. Y.,�'.� COMPREHENSIVE PLANAPPLICATION Please refer to Section 62-31 of the Miami City Code for Comprehensive Plan information. Steven J. Wernick on behalf of 31 st Street Residences LLC 1. Applicant(s): 2. Subject property address(es) and folio number(s): 22 & 25 NW 31 St. and 20 & 28 NW 32t.w e 3. Present designation(s): Duplex Residential -- -, 4. Future designation(s): Low Density Restricted Commercial r� ' 5. If the requested Land Use is approved, will a Rezoning be requested for consistency with the r TJ Zoning Atlas, per F.S. 163.3184(3)(e)? yes If yes, please contact Planning at 305-416-1406 6. Has the designation of this property been changed in the last year? If so, when? no 7. Do you own any other property within 200 feet of the subject property? yes If yes, has the property been granted a Land Use Change w ithin the last year? no 8. One (1) original, two (2) 11x17" copies and one (1) 8'/2x11 copy of the survey of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application. 9. A clear and legible copy of the recorded warranty deed and tax forms of the most current year showing the present owner(s) and legal description of the property to match the legal description on the survey. 10. A clear and legible copy of the subject property address(es) and legal description(s) on a separate sheet, labeled as "Exhibit A", to match with the current survey's legal description. 11. At least two photographs showing the entire property showing land and improvements. 12. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable. 13. Affidavit of Authority to Act and the Disclosure of Ownership of all owner—and contract purchasers, if applicable—of the subject property. 14. For all corporations and partnerships indicated: a) Articles of Incorporation; b) Certificate from Tallahassee showing good standing, less than one (1) year old; c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation authorizing the person who signed the application to do so; d) Non-profit organizations: A list of Board of Directors less than one (1) year old. 15. Certified list of owners of real estate within 500 feet of the subject property. 16. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit. 17. Original Public School Concurrency Management System Entered Requirements form. Rev. 07-2013 COMPREHENSIVE PLANAPPLICATION 18. The subject property(ies) cannot have any open code enforcement/lien violations. 19. What is the acreage of the project/property site? Approximately 1. 13 acres 20. What is the purpose of this application/nature of proposed use? transition zone 21. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning and Zoning Department on the 3rd Floor for information. no 22. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning and Zoning Department on the 3rd Floor for information. no 23. Is the property within the Coastal High Hazard Area (CHHA)? Please contact the Planning and Zoning Department on the 3rd Floor for information and further instructions. no 24. What would be the anticipated duratio n of the presentation in front of the: ❑ Planning, Zoning and Appeals Board 20 min and/or ❑ City Commission 20 min 25. Cost of processing according to Section 62-22 of the Miami City Code*: a. Application to Amend the Comprehensive Neighborhood Plan per acre $ 5,000.00 b. Advertising $ 1,500.00 c. School Concurrency Processing $ 150.00 d. Mail notice fee per notice $ 4.50 e. Meeting package mailing fee per package $ 6.00 *Fees over $25, 000, 00, shall be paid in the form of a certified check, cashier's check, or money order. Akerman, LLP Signature Address One SE Third Ave, Suite 2500 Name Steven J. Wernick Telephone 305.982.5579 Miami, FL 33131 E-mail steven.wernick@akerman.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE fn J The foregoing as acknowled ed efQne this �J day 9f _ Qn VMi 20��, by VV�J who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) talon o�9t" 1 (Stamp) ture BLISWNtY M. SAINZ :, *, *_ MY COMMISSION # EE 155210 EXPIRES: December 21, 2015 ? ` Bonded Thru Notary Public UnderxRiters Rev. 07-2013 COMPREHENSIVE PLANAPPLICATION AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Steven J. Wernick , who being by me first deposes and says: 1. That he/she is the owner or the legal representative of the owner, submitting the public hearing application as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as listed on the foregoing pages. 2. That all owners who he/she represents, if any, have given his/her full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the foregoing petition, ❑ including or ❑ not including responses to day to day staff inquires. 3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative. 4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. Further Affiant sayeth not. Steven J. Wernick Applicant(s) Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Applicant(s) Signature 20 The foregoing was acknowledged before 1 s 15"" day of Y who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known tame or who has produced as identification and who did (did not) take an oath. LISLAINEYM.SAINZ tg atu e (Stamp) #��B YP MY COMMISSION#EE 155210 •.• a EXPIRES: December21,2015 Banded Thru Notary Publk UrMerxrtiters Rev. 07-2013 COMPREHENSIVE PLANAPPLICATION DISCLOSURE OF OWNERSHIP List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if necessary. Owner's Name(es) (Y-1 l L C_,C MMyr^5 Percentage of Ownership Subject Property Address(es) r" 25 I�Lc.J 3 t Sf m i mann( �� 33 lZ� 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): 3l©p -31CQo N. MtwMi }.- I/Y�6,yy\i l 2� 1y is K0,,r.1 Ce mwk6 Owner(s) or Attorney Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Legal Description(s): L=A-, I, 213 4, ST,T1"a ,1R.; tx� es 14 1 0�c 46\� (rx,bt« Le�5 ©F 2)K Owner( or Attorney Signature The foregoing was acknowledged before me this �� day of 2015 , by 14 i 6ka a C&A r0-5 who is a(n) individual artne /agent/corporation of 31 sfi ST W i2IF-5'1 ofpjef�5) LLG individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. LORRIE DIAMOND (Stamp) NOTARY PUBLIC STATE OF FLORIDA Canm# FF048NO 4t. Expires 10/5/2017 Rev. 07-2013 Signa re COMPREHENSIVE PLANAPPLICATION DISCLOSURE OF OWNERSHIP List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additionalllists, if necessary. Owner's Name(es) .N I ;U' Nl Z PA14W TOP_"a"— o � Percentage of Ownership /00l�1 Subject Property Address(es) �D �t'fill) � 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): Owner(s) or Attorney Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Legal Description(s): � aXL Owner(s) or Attorney Signature CoAf�, 0 Iu u?'S' 031 j JIt-2 T e oregoing was ack owledged before me this day of J,2"G/ 20, by t� who is a(n) individua artn . e corporation of individual/partnershi or ation. he ers n or who has produced as identification and who did (did not) take �noh MSCN#EEEZ (Stamp) MY COMMISSION S EXPIRES: June 15, 2016 Bonded Thru Budget Notary Services Rcv. 07-2013 COMPREHENSIVE PLANAPPLICATION DISCLOSURE OF OWNERSHIP 1. List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if necessary. Owner's Name(es) Severino Broz Percentage of Ownership 100% Subject Property Address(es) 25 NW 31 Street & 20 NW Street 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): i Owner(s) or Attorney Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Legal Description(s): Owner(s) or Attorney Signature The foregoing was acknowledged before me this �� day of 20I_, by who is a(n) individual/partner/agent/corporation of- a(n) individual/partnership/corporation. He/She ispersonally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) atur BUSWNEYM.SNNZ My COMMISSION # EE 155210 M,EXPIRES: December21,2015 Bonded Thru Notary Public Underwriters Rcv. 07-2013 COMPREHENSIVE PLANAPPLICATION DISCLOSURE OF OWNERSHIP 1. List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if necessary. Owner's Name(es) Miami -Dade County Percentage of Ownership 100% Subject Property Address(es) 22 NW 31 Street, Miami, FL 33127 2. List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #1 above. Please supply additional lists, if necessary. Street Address(es): 2938 NW 1 Avenue 63 NW 31 Street Owner(s) or Attorney Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Legal Description(s): Lot 1 in Block 3 of St. James Park, Plat Book 3, Page 65 Lot 26 in Block A of Price's addition to St. James Park, Plat Book 4, Page 47 Owner(s) orAtorney Signature The foregoing was aowledge-befgre e this 6 da of 20�_, by ck pY 6 who is a(n) individual/partner age corpo ation o t (n) individual/partnership/corporation. He%She-is personally known to me or who has p od as identification and who did (did not) talk an oath. �- (Stamp) Sig MYCOMM COMMISSION k FF 073177 EXPIRES; February212016 Bonder d rN`o� Pub's U"Wwnfers Rev. 07-2013 0F'FIC:IALFILE COPY CLERK OF THE BOARD OF COUNTY CO!4 AIISSIOHERS XIIA H -DARE COLT%-rY, FLORIDA. MEMORANDUM Agenda Item No. 8(K) (2) TO: Honorable Chairman Jean Monestime DATE: April 21, 2015 and Members, Board of County Commissioners FROM: R. A. Cuevas, Jr. SUBJECT: Resolution consenting to the County Attorney inclusion of a County -owned property located at 22 NW 31 Street, Miami, Florida as part of adjacent property owners' application to the City of Miami for the rezoning of the adjacent properties and the County property from zone T3-0 to T4 Resolution No. R-310-15 The accompanying resolution was prepared by Public Housing and Community Development Department and placed on the agenda at the request of Prime Sponsor Commissioner Audrey M. Edmonson. 4�yX R. A. Cuevas, Jr. . County Attorney RAC/cp Memorandum "'t�i°'� Date: April 21, 2015 To: Honorable Chairman .lean Monestime and Members, Board of County Commissioners From: Carlos A, Gimene Mayor Subject: Resolution Authorizing Conse t to the Inclusion of a County -owned Property Located at 22 NW '31 Street, Miami, Florida as part of a City of Miami Rezoning Application for Adjacent Privately Owned Properties Recommendation It is recommended that the Board of County Commissioners (Board) approve the attached resolution consenting to the inclusion of County -owned property located at 22 NW 31 Street, Miami, Florida 33127, (Folio No. 01-3125-028-0020) (County Property) as part of three (3) adjacent properties rezoning application to the City of Miami to rezone the adjacent properties and the County Property from zone T3-0 to T4; and further authorizing the County Mayor or the County Mayor's designee to take all actions necessary to include the County Property as part of the adjacent property owner's rezoning application to the City of Miami. scope The County Property, which is maintained by Public Housing and Community Development Department (Department), is currently zoned T3-0, The County Property is located in Commission District 3 represented by Commissioner Audrey M. Ednlonson. Fiscal Impact/Funding Source There will be no fiscal impact to the County. The County Property is currently pant of a Section 8 New Construction rental development, consisting of eight (8) units, and the rezoning will not affect the current use of the property or the existing or future residents. Track Record/Monitor Freddie Nay, Housing Asset Management Specialist with the Department's Contract Administration Division, will continue to monitor the management of the property. Background On January 9, 2015, the Department was contacted by the attorney representing three (3) adjacent property owners to include the County Property as part of their rezoning efforts for their properties, The inclusion of the County Property was recommended by the City of Miami since it prefers to establish a T4 transition zone between the T5 zone on North Miami Avenue and the T3 zoned neighborhood to the west of the proposed rezoning area. Ell Honorable Chairman Jean Monestime and Members, Board of County Commissioners Page 2 For the Board's reference, a description from the City of Miami's Zoning information, regarding these zoning categories are provided below: Zone Description T3 The Sub -Urban Zone consists of low-density areas, primarily comprised of single- family and two-family residential units with relatively deep setbacks, streetscapes with swales, and with or without sidewalks, Blocks may be large and the roads may be irregular geometry to accommodate natural and historic conditions. T4 The General Urban Zone consists of a mixed-use but primarily residential urban fabric with a range of building types including rowhouses, small apartment buildings, and bungalow courts. Setbacks are short with an urban streetscape of wide sidewalks and trees in planters. Thoroughfares typically define medium-sized blocks. T5 The Urban Center Zone consists of higher density mixed-use building types that accommodate retail and office uses, rowhouses and apartments. A network of small blocks has thoroughfares with side sidewalks, steady street tree planting and buildings set close to the frontages with frequent doors and windows. By including the County Property, it will create a continuous band of T4 zoning between the other zones as noted in the attached zoning map. The City of Miami requires an authorization letter from the County in order to include the County Property as part of the rezoning application. Attachments Russell Benford Deputy Mayor MEMORANDUM (Revised) TO: Honorable Chairman Jean Monestime and Members, Board of County Commissioners FROM: R. A. as, Jr. County Attorney Please note any items checked. DATE: April. 21, 2015 SUBJECT: Agenda Item No. 8 (K) (2 ) "3 -Day Rule" for committees applicable if raised b weeks required between first reading and public hearing 4 weeks notification to municipal officials required prior to public, hearing Decreases revenues or increases expenditures without balancing budget Budget required Statement of fiscal impact required Ordinance creating a new board requires detailed County Mayor's report for public hearing No committee review Applicable legislation requires more than a majority vote (i.e., 213's T, 315's , unanimous ) to approve Current information regarding funding source, index code and available balance, and available capacity (if debt is contemplated) required Tt'.� Approved Mayor Agenda Item No Veto 4-21-15 Override RESOLUTION NO. R-310-15 RESOLUTION CONSENTING TO THE INCLUSION OF A COUNTY OWNED PROPERTY LOCATED AT 22 NW 31 STREET, MIAMI, FLORIDA AS PART OF ADJACENT PROPERTY OWNERS' APPLICATION TO THE CITY OF MIAMI FOR THE REZONING OF THE ADJACENT PROPERTIES AND THE COUNTY PROPERTY FROM ZONE T3-0 TO T4; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR'S DESIGNEE TO TAKE ALL NECESSARY ACTION TO INCLUDE SAID PROPERTY IN THE CITY OF MIAMI'S REZONING APPLICATION S(K)(2) WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference; and WHEREAS, Miami -Dade County ("County") owns property located at 22 NW 31 Street, Miami, Florida 33127 (Folio No. 01-3125-028-0020) ("County Property"), for which the legal description and zoning map are provided in Exhibit A attached hereto and incorporated by reference; and WHEREAS, the County Property is currently zoned T3=0; and WHEREAS, the City of Miami wishes to establish a T4 transition zone between the T5 zone on N. Miami Avenue and the T3 zoned neighborhood to the west of the proposed rezoning area; and WHEREAS, the adjacent property owners, whose properties are also zoned T3-0, have requested that the County consent to the inclusion of the County Property in their rezoning application to the City of Miami, attached hereto and incorporated by reference as Exhibit B. for purposes of rezoning both the adjacent properties and the County Property to zone T4; and 17, Agenda Item No. 8 (K) (2 ) Page No. 2 WHEREAS, the rezoning of the County Property does not affect the current use of the County Property as a rental property; and WHEREAS, this Board has no objection to the inclusion of the County Property in the rezoning application and further has no objection to the rezoning of the property, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that: Section 1. The matters contained in the foregoing recitals are incorporated in this resolution by reference. Section 2. This Board hereby consents to the inclusion of the County Property as part of three (3) adjacent properties rezoning application to the City of Miami to rezone the adjacent properties and the County Property from zone T3-0 to T4, and further authorizes the County Mayor or the County Mayor's designee to take all actions necessary to include the County Property as part of the adjacent property owner's rezoning application to the City of Miami. The foregoing resolution was offered by Commissioner Esteban L. Bovo, Jr. who moved its adoption. The motion was seconded by Commissioner Sally A. Heyman and upon being put to a vote, the vote was as follows: Jean Monestime, Chairman aye Esteban L. Bovo, Jr., Vice Chairman aye Bruno A. Barreiro absent Daniella Levine Cava aye Jose "Pepe" Diaz aye Audrey M. Edmonson aye Sally A. Heyman aye Barbara J. Jordan aye Dennis C. Moss aye Rebeca Sosa aye Sen. Javier D. Souto absent Xavier L. Suarez aye Juan C. Zapata absent 410 Agenda Item No. 8(K)(2) Page No. 3 The Chairperson thereupon declared the resolution duly passed and adopted this 21st day of April, 2015. This resolution shall become effective upon the earlier of (1) 10 days after the date of its adoption unless vetoed by the County Mayor, and if vetoed, shall become effective only upon an override by this Board, or (2) approval by the County Mayor of this Resolution and the filing of this approval with the Clerk of the Board. MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS el M Mss HARVEY RUVIN, CLERK klloc 1. O % P_ 40 COUNTY J �'— By Christopher Agrippa .Approved by County Attorney as to form and legal sufficiency. Terrence A. Smith Deputy Clerk Exhibit A Property Address: 22 NW 31 Street Polio Number: 01-3125-028-0020 Legal Description: ST TAMES PK PB 3-65 P 4.41,1 #2 A/K/A LOTS 4 THRU 6 BLK i Exhibit B COMPREHENSNE PLAN APPLI.OATION Please --r IeNr to: S OPOQn.6;-41 of. tha,-VIOM I CO C.6de-for comproboosive�Plan..16.fo),,Ma,tidn, OkOn beh6f Of:31 �t6vianzJ,P Vyorni stStrs .:Re6ld6hb6sALQ I. ApplicAnt(0), V` 2, SUbJeot pr6pbtty -ad 2-2 & 26 NV $1 fit. and'fid" Pres6h S (s)i Ol Q�k Re k6htlat t de* 1gqOt1qn A. Future de;a Ry 16W D66� 6: if reque6W Land 00 Is Ooro.vod,wIiFa,R6z6 hing, j be requested `four �d n9irAefty with the: :Zolnq-Ailao,±pot FS, Veg lf,ypa, pie.ase ase cobtadt Piahrilng M 3064 6,-1400.,' G. Has th6 A0jOhS1tlbn'6f this'. prOp4rty :bden,chagOd InAWIdtt year? If 60. IiNYieh no 7. Do. WJ other tt YOS ,ortyl you; o h ony,p. or prope y -.If. th 'PC . (?pie. rfy..b, ".,glrO.ted.�4 LOOO: 066 Qtran4e One '(4) original; :two ;(R.) 11 ki,T0010 -a."n 'Otte (11: B%X. 11 OOPYY 'thy -tmrye .6 lh� Orpporty prepared by 0,:Stat6. V 16dda rpgj#qre.d . o -.land UrV.Oypr Within-. IxV. , �Onths,,froM lhe.date�loffho- .- 9.. A olear.and. -16,01ble copy of .1he - romded w4traofy.deed. olid W -formi"S of the rthoat Gli.rrarif .year showing -the PM4aqt.-,owhot.(O) iancflo Al desoMptiortofthe pm.Oqyjo.nutqh. the j6gal-,descrlpjiorl on ,thesurveY... A -clear thq- addr6ss(es�,ond.. legal docriptl6n. on p, aibpp -0 match, wilh:thov4raoi survey's le de'SO.CIP06,0i heet 166elpd 05, 61 gal 1'!; Atteas.# two photographs 1�nwip: the Exhlb tA, t i .,property- Oowing. land .and'1,n provemints., '13,. Affidavit of Adthoelty, to Act and the Phtc/06 M.,O.f,OWnd rship ofo)l 6WP—O Mnd C*Otact purchasers if . appj1caWe7--6f the :s Pot props rty for,alt q6rp6r-at16fi'p.,?n'dJners art h.10s I ndl0'8i ' pa. Adl6les.of Incorporati0h; Cert from T jiahassee Ohow:.ng 4i5pd standing,1ossthan d) Corpor6te.: 'Rps,51666 Or- a Power of AttprOpy ilgne.d by 11je. 6006tary.* of the. Corporation .alAhorizing. tile,pOrsonw-11.0'.sighed the application to *do so", d) Non-profit orgoolzatlontA110*0 Bord of ceft,ifi. d,lis t.-ofow,fier.$'b ,t661 e6t4to-w160 $0.044t of tjiOS.UI40,t property:, Or1g14a1::0/k16dum --ot.Cb VdO UP4. Or A &.nt-4o Support *:or Withhold. grqQm.. . quireroe'Ns forni.. tr COMPREHENSNE PLAN APPLIOATION i8,'The.suq Opt prq. pq.4Y.Qq$.). lwoq! -Navo, a y..opw cede op 00m.. erMl6fiviolafbn (p at.1g.the purpowof -this ApplidAt 6NhatWe:qf'p Sh ffi vs& . 0 6�—mgping ,2-1J$*fh.,4 #Opetty w"Ithih lhe.i boo6daflos: -of -a hlgtprl�- r;lt,6',. h1,46i.16 dlitridt oi 0:0 n p and Z imof on"t�o,-. floorj& inti qn. PW6.$ 6t th Ola 1 0 Ot)thq.:DepoT_t k- lwiho : mperty Wj�-hfo the, 46od4itlin, 6P:oh �.hviro n ma.ntw.OrasofvWoTi Oj Irl . 7: ;Pl dtft: p . V, dt t*r no .23-. Is-lho-prep 6fty Within the Odgittol Righ 1-px r. -, 'a (01111A)7 f loOr fd�jqforrhation, -4ndfwt Zuhing Ooparii oot .6h iO " holnptm�tjo, ---,no '24 M would -be tha-a A61pated.-duratl6n.of tit p *36 totlh 4 A ofd -'h '@m'd- A: :2-0 On': .9. Applit-allon'Ad Arndhd the -Dom ps ION -'p or, O -S-000 §p 1. wo 440 - e. Meeting psokoga,mmAlng:'fl*.per.-oe moosrover:4 6100Q.oa poldin 't6o_.tbrm:of:6.dQftfiaoheO� bOOMOKkhk) py id Ak6rman,,lLP- V-Y Aldrb.o. :Ohd:af= Third Ave, 8VIto 2vOp - - 'hdli -Ividividtialpirtn'er�agOti.t/rorpota mof- ,w A(6) I I . . Up. as :identification el�d .t he dti#' 6r- 0 RES, no '..sanded VwONo* 'Any, 074613: Mlbrfii;,FL .33131: ,4te' vo n . we m I ck Q�k- 6ri-h a rf. co m, R,EZOIVING AI'PLICAI'ION Please .refer to. Ar -Holo 7AZ'S of -the ANaffit'21 Codo-forROZ.Q'"Ihg*inform.otton.. l.: Ap nj.�'Wernlck�onb6half ' 1' Steve of 3 At street Regidences, Ltt' 2 p petty gofts es and-f4j_ number,( .2. 2 and 31 preist;zaning dbsignatiPn.(:):,, T3-� . .... .. . .. 4. S.; P6r Miahli-.11:1 -Affidle 7.12,8, Ana tysl.s- ollho, O.toportleay.1thin a ono-Wf -mllei -of,- eh6l Ohbtobflh� ijt�,4t ib:W "the i 0 00atl is lrlthd sto at property„ Osen, zoning' I On Ap. 00 G. Oh6jl) 6ff&al, two (2) 1ix1r." 600les land: -W6 (1) M/ -1. 00 Hhti..survey 0 the JxOP84 . y . propared, b $t*6- 0 iFl ' ida ttered'fand surveyor WW'fthl' Sfxll(61�1 Y! Qr TP91 n 111POS"-fro, theAa: Opp! Kation. .7. A rjeb'r and leglb.y of the, recorded warranty' do -ed andan d -forms he. most rroht yeaf bgaidedulptio .6 t, eip* 'h th kflptloh on ShoWing th'#i efit�oWhbe(sl)!od I n f *h r-opertylb rhi�tc e 160al ad tho turvey,. cleiat:and legib)e bopy--Of the subjeotlpr OPS, Ai4l, jabelodas-txhlbt A'%lbrnatoh with Aho Ourront 1p.. Cop A- #1 �'Of the l'bb' - t W b�Ceg�ed bylhb Offidebf the�.O y1s: rev 4 ro. on ''Kv 01.0(i� -applIWO16, '6.D/spJ690/-e,of Okers 'ft llAMdei'O#-dtA6thorllk IpAotanolh hip 6P94-1. dWoqr�-arid q tack�o ollOsorO, if apPjC oblo;of th+6 Subjeot. property. -r7-:ot_;w.( torpp rpVtoos: on.d par 0 ' ,hipphd 1000d' C-rp -the Coor6f.16n .06.te.,-Reaolution or Powerpt Atorney -signed -�y the, sebretary of Ali -do, so, 7. lhoriting the', poreion who signed tho!,app.1kotion to PPow hs (1) _far odd;. I , t.�f P �OotoSsf .q.04P fit iorga.Hz6t oh Io mc_.ealod 10. Of, own6...r.S of resit. a1estate Withh:&OO fept:qf th bj cOrop .6'.`,-: qjlonAfrrdoWt on T6.TheSQbject pr6pOrty(jes -cant)bt h0v& 9nY:Qpnde 0h.for"*nt/lIenM6Wl6n9. I*s the aer . 090pffhoprojeWO peitypit-61 _A_ Oroxim , s3 -acres 11", to td- RELQ'. N I N G APPLICATIQN 18. UVhat is the- purpose -p fThis ap llcaj!O/nature.6f propowdt C -P 1b., is. the. property within the boundaries "of a.:'historld- site;: fttbrlc dlMr'lct!Qt'ArchO6l6,gidaI ,zohe,'. ,1?10aim contact the PIann!nO,-an&Z0nlhg Do no p 20., is the O.ropleay Within -tho bwfidarliag Qf an Preservation Distdc"t'? MeOo, phtao the, : : rd n Depa,ffiefl Qnthp,3Floo r �Iip, inga,nd'ZoOlng'., t . f fo' ln'forri.otitan: 21,:VV*. would be the anticJpatqd duration of the presorstationjil front-ofthe-.: I Planning,Zoning and Appeals board--2GMio and/a Qfty conmisjon 20 mi,h accordlho.Io Stiction 82-22'ot the MIamI,Glty- Code. a -CS, T3 -R, T3 -L, T3 -r0,. T+A., T-44, - T4,0,75,R T6 PEir Opole, of hot 40t. at�� .4 00'.t§ uafe4d IoO; minimurn ;(Miutneo .0, Ot 4.2 56bi-00 ,b. T$;,8 0, T-6120, T6-24:Q,:,P1', 02 D3, T.&M 0 T648 6 Per square fqot..Of mtlototsa. $ 170, n p.Ml Imurn, $ c, AdvOrtisInO $Ixp,00 ppji '..ble. .$ f; Meeting packagege rr"gllin fee per PAGRE0s$ O `�-mo*feess .vor-425i'O 4 chaok 00 00 -Sha'11. be Paid th A of ch6ok.c0hie. ormoney order. Sirsature Av4. B.F.d Address-Ibit-tri 5D(3 Naive ..$tdVen J. r. Te e stevpfimet IcR' Op m rrnao,�, OFFLOM D A7— 'COUNT -Y OF-MIAMI'DAME - The foregoing[ Was a!I(gV owledged b ford, met I Y Of ' *h6 is a(h) 'IndIVIdual/partn. .6.(n)' n Iv .110.Art e -11.� r who has produced, 10PA parshIpMorpoeation. :He/Sh 18 d hb:dld (did not) as Idenfiftation an w .an. "th, . -20 _i9 �� flbR�fedTtktek6iaryF'u�I�xJndon'itNEtP Itev. 07-20t� /3 DISCI:-OSURE OF -OWRERSHIP Q5 ppWopt prop Ano *61 ag' - of. ownership, N'dte:. The Miornj C.JtyCode req `res disclosure of all pAftlekhaying . :a finalloi-al Int6rest, wlthgespeotlo a pres6ritstion, request -or Petition, Accordingty; di'solosurb pf sharehplders, of corporations, bencificigries of -trusts, 'and/or any. Other Interested pfles, togotherwith their address(es) and I 6d PlWo�sUpply. dition I listsjf necftppry, pt6portlonatelhti�r6s -are requr 'd Owne?8 -Nayno(es). 2,, PErceritage of Ownership 2., Llst,all street'adfts8(6s) and- legal detalptioh(p) of ahY OrOPO4 ldatlt0d Within 500feet of the subjbat!.pt600rtyawned-ley any and Wl 41 ab6,Vb,, PIPE, list, if rieceFsary, $tredt AdO res.(e$). Mffl" :Owh-er(s) or Att&neV Name. STATE OF -FWRKDA � COUNTY -OF MIAWDADE 'Le I Dead lo n (t U Im - AS I 0w'0r(4,,Pr-Attorn�.y -Signature 'n Thefore-golnd.Wasackft6wle ed b6foro.ni�illils lq*:day .af,. by wl�oU :ndlvidu. al/parbierg;hlp�/'d.oi-porattdn, HOIS . 1hejllc,,'ner's' o'nalliv knowh-10 me -or who. .'-ba6 prWured.— .as Idehtificatiohand,Whu d.ldd id. hot) to �e an —path.. ti LORRIE. DIAMOND (Starnp) ...NoTARYPUBUC Sighp rp, STAr.E.'6,F FLORIDA 6K EXplMs 1015101.1 REZONING APPLICATION , Dts-.d.L 0:8-6�'RE- "OF -0 W 4, ERSHI.P-, po Y -an pev 1.4 LlStAha 6wh"r(t)-bf tho §01AW106"i rt ' '44 0Wh8rWilPI,'N6t6: Tl eUlairni City Godo 011,68 dlk: lowe of 611 06rb6s hoviho:� 'fina-Wail lnteroM;;. either director"ihilrbot, with respect�Aq a t4tion, -r. ud:t 6r rdingly, Of shareholders of 0 m. PrOterI s 0 co.rp rafloo bqnOcfddes- Of ousts, and/or ally Other Interested partles,Ao0athef with Their addross.*). elvid .pr(5ppttio-tipteinterest -are !reoUirOd. Plodsa'aupp)yaddit A qcottqry, 0.Wne,r`s.N,arno,(e-g) Severino Broz Pe.rc-britago of Ownerslilo __ 1.00%, Su , pUProper1y Addxe§'( M NW 3.1 StreetA 20 NW -32, Street '2, List. all street address(es)and ;legal descripti"n'8'.,of:any property located wlthlil 80 ' 0 ,feet of the .$Ubfedproperty ownpd W-aryand all Parkes listed in qu.6stjon'#q above: Pleaselsupply,qddlflonal lists, If necessary. Street'Addross(09): vvi or AttorneY:Name. D DE 'STATE OF FL-*O:R. _IPA. 6UNTY,Or MI. -6. Thle for*eg'6ln*g w*a P,ac nowled e, by Orr who is R('h.)'JndivId..uMipEietnbrleigenti.6orpo, IndivIdua.11PP-r . tnersfilp/6.otporatlon. �je$ :as ldbntlficatlm-and*ho. (Stamp Mmm UPI - RES,000099*16 [key, ITie Owner(s) - PrAttOffiq S lgnalote� day df- 3aVILka.q lelsna'rsonallA bwn,lo,rne or wild. has produced 'did:( 'not ia'.0-6 h, Signaturb 41 /157 RE;--�ZDNINGAPPLICATION 'r •J.f..r ' Y:ti•1�'� �' tti 1i 1 E '"'J`""', DISCLOSURE OF OWNERSHIP `j`j -;; ..IA' Ust-the -o Nner(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) Gabin Investments Inc. Percentage of Ownership 100 Subject PropertyAddress(es) 28 NW 32nd Street 2. List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #t:1 above. Please supply additional lists, if necessary. Street Address(es): Owner(s) or Attorney Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Legal Description(s): Owner(s) or Attorney Signature The foregoing was acknowledged before me this day of 20 , by who is a(n) individual/partnerlagenticorporation of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Rev, 07-2413 Alp Signature COMPREHENSIVE PLANAPPLICATION DISCLOSURE OF OWNERSHIP Llsft6J)6-0 vrier(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) Miami -Dade County Percentage of Ownership 100% Subject Property Address(es) 22 NW 31 Street, Miami, FL 33127 2, List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #1 above, Please supply additional lists, if necessary. Street Address(es): 2938 NW 1 Avenue 63 NW 31 St. Owner(s) or Attorney Name STATE OF FLORIDA -- COUNTY OF MIAMI -RADE Legal Description(s): Lot 1 in Block 3 of St. James Park, Plat Book 3, Page 65 Lot 26 in Block A of Prices addition to St. James Park, Plat Book 4, Page 47 Owner(s) or Attorney Signature The foregoing was acknowledged before me this day of 20 , by who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Signature Rev, 07-2013 /.?— City of Miami G.� 01 Transaction Statement Financial Transaction ID: 182344 MAC WYN 2, LLC Transaction Date: Jan 16 2015 4:54PM 1261 20th STREET (305)374-5600 EEE SUMMARY Fee Category Fee Fee Description Quantity Unit Type Amount Code HEARING BOARDS - MS -203 COMPREHENSIVE PLAN 0.6579 ACRES $3,28930 APPLICATION/APPEAL AMENDMENT HEARING BOARDS - MS -204 REZONING (CS, T3 -R, T3 -L, 28657,0000 SQ. FT. $14,328,50 APPLICATION/APPEAL T3-0, T4 -R, T4 -L, T4-0, T5 -R, TS -L, T5-0, T6 -R, T6 -L, CI) HEARING BOARDS - PUBLI.0 HEARING MS -216 CONCURRENCY REVIEW - 0.0000 N/A $15D.00 SCHOOLBOARD HEARING BOARDS - PUBLIC HEARING MS -225 PUBLIC HEARING - MEETING 276.0000 NGH X HRGS $1,242,00 MAIL NOTICE - NEIGHBORS HEARING BOARDS - PUBLIC HEARING MS -226 PUBLIC HEARING • LU POLICY 21.0000 NGH X HRGS $94.50 1.5A HEARING BOARDS - PUBLIC HEARING MS -227 PUBLIC HEARING - PUBLIC 1.0000 UNITS $72.00 MEETING PACKAGE HEAKiNG BOARDS - PUBLIC HEARING MS -228 PUBLIC HEARING - 2.0.000 UNITS $3,000.00. ADVERTISING HEARING BOARDS - PUBLIC HEARING MS -229 PUBLIC HEARING - 0.0000 N/A $1,.000.00 GOVERNMENTAL AGENCY HEARING BOARDS - PUBLIC HEARING MS -241 PUBLIC HEARING - MEETING 3.0000 HEARINGS $13.50 MAIL NOTICE - APPLICANT/APPEALLANT $23,190.00 otale CD C3oo �' a�a c2 1= _ c) r CN lJ� � � a 1.. 1' •j= tll rte-- O LO (N�� aj w L CD LCL: O , •� C3 ro QR 00 .r, r tro a CS C-3 f2 �X Jan/16/k1, 5 4;:54 PM ARE -APPLICATION ReFeRRnL 01 Q1250280Q2Q; 013;1250?70250; 01. ,125027QR8Q, 01.31150270070 Folio # Steven J. Werni.ck-on behalf of 1d14rr�i-1 E and Miami -Dade County as Qo-applicant Applicant Name December 23, 2014 Date Parcels between NW 31 St. and NW 32 St Project Name 305-982-5579 Steven .wernick@akerman,com Applicant Phone Number Applicant E-mail Address 22 & 25 NW 31 Street; 20 & 28 NW 32 Street Project Street Address TO BE COMPLETED BY THE OFFICE OF ZONING: ❑ One (1) 24"X36" or larger set of signed and sealed plans ❑ Survey within one year with Building Baseline established by Public Works T3 -O Transect Zone Rezoning & Comp Plan Amend. - Section 7.1.2.8 Type of Permit Requested — Code Section Applicant proposes rezoning land area of approximately 49,000 square feet from T3-0 to T4 -L to create transition zone between T5-0 properties at west side of North Miami Ave and residential (T3-0) neighborhood to the west, Applicant proposes to amend the future land use designation from Duplex Residential to Low Density Restricted Commercial. Summary of Request Ref I rral is ued by: Date CITY OF MIAMI P L A N N I N G & Z O N I N G D E P A R T M E N T W 305-416-1499 444 1W 2^1 Ave 4'1' Floor Miami, 11. 33130 www. miam igov, com /zoning Revue i QP242013 PLANNING AND ZONING DEPARTMENT PROJECTS REVIEW MEETING December 30, 2014 Steven J Wernick, Esquire Akerman LLP 1 SW 3`d Avenue, Suite 2500 Miami FL 33131 Re: 22 & 25 NW 31St St., 20 & 28 NW 32nd St, Application: PR -14-165 Existing Zoning Designation: T3-0 Net: Wynwood/Edgewater District: 5 Dear Mr. Wernick: During our Pre -application meeting on December 22, 2014, you presented the following request Rezoning per Article 7, Section 7.1.2.8 (c) (1), to allow the successional rezoning of land with more than 40, 000 square feet or 200 feet of street Frontage on one street. The proposal is to rezone the site from T3-0 to T4 -L for a land area of approximately 49, 000 square feet. The abutting transect zones are T3-0 and T5-0. Based on the request, staff has prepared the following comments. Please note, that these comments are not to be construed as a recommendation of approval. Staff's comments are: 1. Provide a current survey for the Miami -Dade County owned property. Submit official documentation (i.e. signed letter on Miami -Dave County letterhead) granting you permission to act on the County's behalf for the requested Change of Zone and Land Use. This information is required to have a complete application package. 3. The applicant presented a survey for the property at 28 NW 32nd St. dated 09-03-2013. At time of application the submittal of a survey no older than six (6) months is required. 4. The deadline to submit a complete Rezoning application is January 16, 2015. 5. A school concurrency letter is required; please contact the Hearing Boards Department at 305.416.2030 with questions concerning the concurrency process. 6. The applicant shall also apply for a Land Use change from Duplex Residential and to Low Density Restricted Commercial to correspond with the proposed rezoning. 7. If the applicant chooses to proffer a restrictive covenant associated with the rezoning request, the document shall be submitted with the rezoning application package for 444 SOUTHWEST SECOND AVENUE, THIRD FLOOR, MIAMI, FL 33130 305.416.1400 — WWW.MIAMIGOV.COM review and approval by the City of Miami's Law Department and Planning and Zoning Department prior to the anticipated Planning, Zoning, and Appeals Board public hearing. 8. A Unity of Title in recordable form is required for the proposed rezoning of the subject lots. 9. Be advised, that the Planning and Zoning Department reserves the right to make recommendations pertaining to which Transect Zone will yield the most coherent zoning pattern in the context of the immediate vicinity. Additional comments will be provided upon review of a more detailed submittal. Consequently, the City of Miami reserves the right to comment further on the project as details and/or explanations are provided and may revise previous comments based on this supplementary information. The Planning and Zoning Department reviews Permit proposals based on Miami 21 and City Code. Furthermore, the proposed Zone Change is subject to review and compliance with the requirements of all City departments, as applicable. Sincerely, qr1l Plan Cc: Derrick Cook, Plan Coordinator, Pamela Stanton, Zoning Plans Processor Christine Hwa, Hearing Boards Coordinator Antonio Perez, Land Use Chief 22 & 25 NW 31 St. and 20 & 28 NW 32 St. PR14-165 Pre -Application comments Page 2 MCNP and Rezoning Public Hearing Process 2015 Calendar Year The following is the semi-annual cycle calendar for Rezoning and Future Land Use amendments for Planning, Zoning and Appeals Board (PZAB) Applications as per City Code Section 62 - 8 'Procedures for Amending the Comprehensive Plan" and Section 7.1.2.8 of the Miami 21 Code. See back-up resolutions and ordinance Land Use and Rezoning Cycle - Marefi I Date Application Submitted to Hearing Boards I On or before January 16, 2015 Pre -Application Meeting Deadline I December 23, 2014 Applications may be heard by PZAB I On or before second meeting in March 2015 Application will be scheduled for: City Commission [First Reading] I Second meeting in April 2015 Land use and Rmm ft Cycle - September Date Application Submitted to Hearing Boards I On or before July 17, 2015 Pre -Application Meeting Deadline I June 26, 2015 Applications may be heard by PZAB On or before second meeting in September 2015 Application will be scheduled for: I City Commission [First Reading] Second meeting in October 2015 http://www.miamigov.com/Hearing_Boards/Deadlines.asp 22 & 25 NW 31 St. and 20 & 28 NW 32 St. PR14-165 Pre -Application comments Page 3 City of Miami Public School Concurrency "'J Concurency Management S stem Entered Requirements A -mi;— —4. r•..r� Epplicatilion Intormation on Type Public Hearing on Sub-TypeLand Use Name '" 31st Street Residences Steven J, Wernick Owners)/Attorney/Applicant Name Owner(s)/Attorney/Applicant Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowled ed before me the ; day of((—, 20 �� , by �( t l�--__ who is a(n) individual/partner/agent/corporation of fN individual/ artnershi /col- a(n) P p poration. He/She is personally known to me or who has produced — as identification and who did (did not) take an oath. I . ---\ r7 -- (Stamp) EE,--i BLISLAINEY M. SAINZ:MY COMMISSION N F.E 155210 �; EXPIRES; December 21, 2015a Bonded Thru Notary Public Underwriters u Tr.W a aaawrw" P-pamed by; YRAN BROZ �+•� 3001 SW 4 Street Miami, F1. 33135 pic",ty ApprNaws V►+uf b►ntif441U0n W0601 NumWT(s): 01-3125.7027-0080 & 0240 GTantalel S.S. /lsl: C:FN 2005RO551923 OR Ek 23423 Fs 41072; (Ips; RECORDED 05/31/2005 13:03:02 DEED DOC TAX 0.60 HARVEY RUVINr CLERK. OF COURT MIAMI-DADE COUNTY, FLORIDA LAST PAGE __ SPACE ABOVE Tri" LYSE FOR PROCESSL40 DATA SPACE AaOVE TF" UNE FOR RECOR G DATA 044 4@ul2-waitu ioitb, Ezecuud this 34 day of oQttjIubt' by YRAN BROZ, a married man first party, l0 SEVERINO BROZ whale post gffice address is 1300 N. Miami Ave., Miami, Fl, 33136 seta, d party: hVn,r..,, w na,ru, u,. a.r.ty Yu,a P•AY .m, 'r.caW wnY .i,�i ,ncww ,in7Jr, ane w,.,,i, n.n,. Ngai r.Prs.maaara,, ,ne •••'G^• d InamWW.. a„J Nr nrcc.,rnn, ane wpru d caPw.uon,. wn.n,.r Ih, coM.+a w Wmil, w i,9uu.,.) Witngglixtfj, That the said first party, for and in consideration of the sum of $ 10,00 '. in hand paid by the said second party, the receipt whereof is hereby aeknowle Aged, does hcroby rtmiise, release and quit-clai7n unto the said secotut party forever, all the right, title, interest, cluiyn and Uvrnu.nd width the suid first party has in and w lase following described lot, piece or parcel of land, situate, lying acid being in the County of Miami -Dade , Stale Of Florida , to -wit: Lots 30 & 31 and the South 43.57 feet of Lots 12 & 13, Block "A", of PRICE'S ADDITION TO ST. JAMES PARK, according to the Plat thereof as recorded in Plat Book 4, Page 47, of the Public Records of Miami -Dade County, Florida. Grantor and Grantee herein are father and son. This is not the homestead of the Grantor nor is it contiguos to the homestead of the Grantor, the Grantor resides at 3001 SW 4 St., Miami, F1. 33135. jDA J{aUt AAD ttl 1141h The same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, arut all the estate, right, title, interest, lien, equity and claim whatsoever of the said ,rust party, either in law or equity, to the only proper use, benefit and behoof of the said second party forever. In Witnuki T04crtaf, The said first party has signed sealed these prescnls the day artd year first above writ" i Sig7wd, sealed /and delivered in the presence of: pfin�.:: 9,xow.r. W w t noiuq ,w. ,.w,. S BROZ, a married man B'z 3001 SW 4 St., Miami, Fl. 33335 a) r! Ws i'L :. P •tua• W w t raw,) c_.— Sipuww ii„ Yri— — W w r" —1 P— bIt- A _ .e fTdr 0 start mr..w,. W w ..w,., , •v) oww�S��,+w^ �'r nn .urFrui«TN,uu, ;tart, fes• W a rYiw,, say) wt G1— A, iwr nu aur STATE OF Florri do ? I hereby Certify tfu,t on Chia day, before me, an officer duly auUtorircd COUM'yup Miami—Dade �) W adarini.lorurttuutdtake rck+wwled�enW,purwaallyappaured YRAN BROZ, a married man known W ane Lo W the immoo _ dcacribud in and who eaecutad the turoyuiaay inatrnrnunL, who acknuwludyed Wftre me that he _ escuutcd tlae aw,ae, Llwt f n,lied upon rhe following farm_ of idurttificutivaa of the ubuvo•nauaud lwmw,_: F 1 ori da Driver's sad that an oath (waaXwau not) taken. License. NOTARY ftWbafa STAMP SCAL WlLneaa any hand and official ae tl county and State Itlat ufareatlad [tits A.I 249-3 dnyo! be) 257 NW 3 ► Nglot♦y hbiD • N011. dltl0tW Sq aid Co0t111+ir.n I aatill Zo NJVJ 32 3423/Page4072 CFN#20050551923 Page 1 of 1 23 6) 1 -72 Sr� Retum to l of"" swl•eddnssed surnped smebpel Name %OCEAN TITLE SERVICES, INC Luis A. Consuepra, Esq. Awmss 780 NW 42 Avenue, Suite 300 Miami, FL 33126 This Instrument Prepared by AND IN CONNECTIONNIITH THE PREPARATION OF A TITLE POLICY OCEAN TITLE SERVICES, INC, CA LUIS,A, CONSUEGRA, ESQ. Address. 780 N,W, 42nd Avenue, Suite 300 Miami, FL 33126 Property Appraisers Parcel Identifialion (Falio) Numbef(s) 0tisa2s-027-0070 WARRANTY DEED sft At. 20444PGOIII A .21:.3 4 9 "1 2w)? Jt% 06 17;'ti OWW'DEE 1, };iU-UO SUkfi( IP31%, HARVEY RUVIHr (:L.FRK DADI (OUNTYr ll, SPACE ABOVE THIS LINE FOR RECORDING DATA This Warranty Decd nladc rn,d ererraed lire ` titre' nj_ .—Al). N102hr JUSTO HERNANDEZ and DULCE HERNANDEZ, his wife, 10069NII' 127 Terrace, Hialeah G dells, Florida 33014 of the Come), of Aliunli.Drrde, Slate of Florida hereinafter lulled the GRANTORS, to CABIN INVESTMENTS, INC„ (I Florida corporttlivn, whose post office address is 8,121 Nil' 8i11 Street, Swire 406, Miami, Fl. 33126 hereinufior culled rile grunrce: Witnesseth That the gronlor, f rr olid in ronsidunniun of lte swan f JTcn mrd noll00 l$ 10.00) Dollars, and ether goods and valuable cor>_rideratlam, receipt u'herer f is herehr acknowledged, hr those presents does grant, hargain, sell, alien, remise, release, crnrrcp amlcor firm into the grurnoe, all rlrut ecrtuirf Irardsituutc in Aliumi. Drak County, ,Scale of Ftwidu. vis: The North 100 feet of Lots 12 anti 13, lliack "A", of PRICE'S ADDITION TO ST. JANIES PARK, according to the Plat thereof, as recorded In I'lat thereof as recorded in Plat iBook 4 at page 47 of the Public Records of Miami-DadcCounly, Florida. 'file Subject progeny is commercial property, SUBJECT TO; Taxes for the Your 2002 and subsequent years; Conditions, restrictions, easements anti limitations appearing in the Plat and common to the neighborhood. Together ,rill all tire renentews, heredirarm'nt anduppurten meas lrereta he -longing or in cnEraiscupprrruining. To Have and to Holds the snare in fee simple fi rever. And rho hrunror hereb), core»urro with xmilgrurnee that it is laujdlr s'ri:cd of said land in fec shople; that is bus gaud right and lanjrrl auUrarim to sell and c•umch'said land; that it hereki-f div n•urrants rhe title ra said land rind Brill defend rhe same aguiresr the lass f d claims of tilt persom svhornsoever; and said hold is free r f<dl enrornhrwrces In Witness Whereof the grranor has hereinna set his hand andsoul the der and) ear first shore rvriuen. ��delivered in the presence oC &SJO t �La�S 9STUIii:KNANUI:/. AddresT IN69 NW 127 Terrace, Hialeah Gardens. FL 33018 t2 -e- _.._.t.L4C ,Tyre r rrinrrdNenc DULCE III{RNANDI:41115 v1'lIC I,Smw ndJfns as ah�i+rl dintJitpvauw,w�.�-...._.... �� tJ r P W, Rft ft. 20444M 112 STATE 01: i:LORIDA CdUNTY OF MIAMI-DADF I 2002, by The foregoing instrument was acknowlcdgcd before me Ibis _,_- day of _-_--�n-cl -onJUSTO HERNANDEZ AND DULCE HERNANDEZ, his wife. They produced as i fication their Florida Driver's Licenses, and did take an oath. My Commission Expires: ES9EHEI l;C 9a703B��'�nMO� NOTARY PUBLIC:: ml W"W NEIDA VALDES Statc of Floridn at Lnrge (sew) "VP4.FpWC"GcWWWAS&, , CPIVAMOt7 ". ftoUK womp s"101Eo HARVEY RUVIN CLW QRWrWURir u' Wl T:1 1.•1 rCFbL*,ii-�'tt.Il �S;• _.., � S ._. � ... .. •. w...1 R r � .� •�'�:��fJ:� SCI ll� �i�'' State of Florida Department of State I certify from the records of this office that GABIN INVESTMENTS, INC. is a corporation organized under the laws of the State of Florida, filed on May 7, 1991. The document number of this corporation is S50412. I further certify that said corporation has paid all fees due this office through December 31, 2014, that its most recent annual report/uniform business report was filed on April 21, 2014, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Fifteenth day of January, 2015 Secretary of State Authentication ID: CU9873442580 To authenticate this certificate,visit the following site,enter this ID, and then follow the instructions displayed. https:Hefile.sunbiz.org/certauthver.htmi 2014 FLORIDA PROFIT CORPORATION ANNUAL REPORT DOCUMENT# S50412 Entity Name: GABIN INVESTMENTS, INC. Current Principal Place of Business: 6135 NW 167 STREET E-13 MIAMI, FL 33015 Current Mailing Address: 6135 NW 167 STREET E-13 MIAMI, FL 33015 US FEI Number: 65-0261881 Name and Address of Current Registered Agent: TORRES,MARTHA 6135 NW 167 STREET E-13 MIAMI, FL 33015 US FILED Apr 21, 2014 Secretary of State CC7850963514 Certificate of Status Desired: No The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Officer/Director Detail Title PSTD Name TORRES,MARTHA Address 6135 NW 167 STREET E-13 City -State -Zip: MIAMI FL 33015 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: MARTHA TORRES PSTD 04/21/2014 Electronic Signature of Signing Officer/Director Detail Date State of Florida Department of State I certify from the records of this office that 31 ST STREET RESIDENCES, LLC, is a limited liability company organized under the laws of the State of Florida, filed on May 12, 2014, effective May 8, 2014. The document number of this company is L 14000077243. I further certify that said limited liability company has paid all fees due this office through December 31, 2014, and its status is active. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Fifteenth day of January, 2015 V -1N Secretary of State Authentication ID: CU9522591194 To authenticate this certificate,visit the following site,enter this ID, and then follow the instructions displayed. https://efile.sunbiz.org/certauthver.htmi OPERATING AGREEMENT OF 31ST STREET RESIDENCES, LLC a Florida limited liability company Table of Contents SECTION 1 - FORMATION OF THE COMPANY...............................................................................................1 1.1 Formation.............................................................................................................................1 1.2 Name 1 1.3 Purpose; Powers...................................................................................................................1 1.4 Principal Place of Business....................................................................... 1.5 Term...............................................................................................................................1 1.6 Filings; Agent for Service of Process..................................................................................1 1.7 Title to Property...................................................................................................................2 1.8 Payments of Individual Obligations .....................................................................................2 1.9 Independent Activities, Transactions With Affiliates ......................................... 1.10 Definitions............................................................................................................................2 SECTION 2 - PERCENTAGE INTERESTS/CAPITAL CONTRIBUTIONS.......................................................4 2.1 Percentage Interests.............................................................................................................4 2.2 Initial Capital Account Balances.........................................................................................4 2.3 Capital Accounts..................................................................................................................4 2.4 Limitation of Liability..........................................................................................................4 2.5 No Right to Withdraw..........................................................................................................5 SECTION3 - DISTRIBUTIONS............................................................................................................................5 SECTION4 - MANAGEMENT.............................................................................................................................5 4.1 Manager...............................................................................................................................5 4.2 Powers.................................................................................................................................5 4.3 Reimbursements...................................................................................................................7 4.4 Indemnification of the Manager...........................................................................................7 SECTION5 - ROLE OF MEMBER.......................................................................................................................7 5.1 Member Compensation........................................................................................................7 5.2 Member Liability.................................................................................................................8 5.3 Transactions Between the Member and the Company........................................................8 SECTION 6 - ACCOUNTING, BOOKS AND RECORDS...................................................................................8 6.1 Books and Records..............................................................................................................8 6.2 Reports.................................................................................................................................8 6.3 Tax Matters..........................................................................................................................8 SECTION7 - TRANSFERS....................................................................................................................................9 -i- 7.1 Restrictions on Transfers.....................................................................................................9 7.2 Prohibited Transfers.............................................................................................................9 7.3 Rights of Unadmitted Assignees..........................................................................................9 7.4 Distributions and Allocations in Respect of Transferred Percentage Interests....................9 7.5 Construction after Admission of Additional Members......................................................10 SECTION 8 - DISSOLUTION AND WINDING UP...........................................................................................10 8.1 Dissolution.........................................................................................................................10 8.2 Effect of Dissolution..........................................................................................................10 8.3 Winding Up........................................................................................................................10 8.4 Compliance With Certain Requirements of Regulations; Deficit Capital Accounts ......... 1 l 8.5 Winding Up and Certificate of Dissolution ....... ............................ 11 SECTION9 - MISCELLANEOUS.......................................................................................................................11 9.1 Notices...............................................................................................................................11 9.2 Binding Effect....................................................................................................................12 9.3 Ca tp ions.............................................................................................................................12 9.4 Severability........................................................................................................................12 9.5 Incorporation by Reference................................................................................................12 9.6 Further Assurances.............................................................................................................12 9.7 Variation of Pronouns........................................................................................................12 9.8 Governing Law..................................................................................................................12 9.9 No Third -Party Rights........................................................................................ 9.10 Independent Representations.............................................................................................13 9.11 Relationship to Articles of Organization and the Act ................................... ExhibitA - Percentage Interest..............................................................................................................................14 Exhibit B - Opening Capital Account Balances....................................................................................................15 OPERATING AGREEMENT OF 31ST STREET RESIDENCES, LLC a Florida limited liability company (the "Company") The Company shall be governed by the following: SECTION 1 FORMATION OF THE COMPANY 1.1 Formation. The Company has been formed as a limited liability company under and pursuant to the provisions of the Act by the filing of Articles of Organization with the Florida Department of State, and with an effective date of May 12, 2014 (the "Articles"). The rights and liabilities of the Member shall be as provided under the Act, the Articles and these Regulations. 1.2 Name. The name of the Company is 31 ST STREET RESIDENCES, LLC, and all business of the Company shall be conducted in such name. The Manager may change the name of the Company. 1.3 Purpose; Powers. (a) The purpose of the Company is to purchase, lease, own, operate, finance and sell real property located in Miami -Dade County, Florida and to perform any and all other functions allowed by law. (b) The Company has the power to do any and all acts necessary or advisable in furtherance of the aforementioned purposes of the Company. 1.4 Principal Place of Business . The principal place of business of the Company shall be at 1261 20th St, Miami Beach, Florida 33139. The Manager may change the principal place of business of the Company to any other place upon ten (10) Business Days' notice to the Member. The registered office of the Company in the State of Florida is c/o Michael Comras, 1261 20ffi St, Miami Beach, Florida 33139. 1.5 Term . The term of the Company commenced May 12, 2014, and shall continue until the winding up and liquidation of the Company following a Dissolution Event as provided in Section 8 hereof. 1.6 Filing; Agent for Service of Process. (a) The Manager shall cause the Company to be maintained as a limited liability company in good standing under the laws of the State of Florida. (b) Upon the dissolution and completion of the winding up and liquidation of the Company in accordance with Section 8, the Manager shall promptly execute and cause to be filed Articles of Dissolution in accordance with the Act. 1.7 Title to Property . All Property owned by the Company shall be owned by the Company in its own name and as an entity and the Member shall not have any ownership interest in such Property in his individual name; the Member's interest in the Company shall be personal property for all purposes. 1.8 Payments of Individual Obligations . The Company's credit and assets shall be used solely for the benefit of the Company, and no asset of the Company shall be Transferred or encumbered for, or in payment of, any individual obligation of the Member. 1.9 Independent Activities; Transactions With Affiliates . (a) The Manager shall be required to devote such time to the affairs of the Company as may be necessary to manage and operate the Company. (b) Insofar as permitted by applicable law, neither this Agreement nor any activity undertaken pursuant hereto shall prevent the Manager from engaging in whatever activities the Manager chooses, whether the same are competitive with the Company or otherwise, and any such activities may be undertaken without having or incurring any obligation to offer any interest in such activities to the Company or its Member, or require the Manager to permit the Company or its Member to participate in any such activities. 1.10 Definitions . Capitalized words and phrases used in this Agreement have the following meanings: "Act" means the Florida Limited Liability Company Act, Florida Statute § 608.401, et seq., as amended from time to time (or any corresponding provisions of succeeding law). "Additional Capital Contributions" means, the Capital Contributions made by the Member as set forth on Exhibit A attached hereto. In the event a Percentage Interest is Transferred in accordance with the terms of this Agreement, the transferee shall succeed to the Additional Capital Contributions of the transferor to the extent they relate to the Transferred Percentage Interest. "Affiliate" means, with respect to any Person (i) any Person directly or indirectly controlling, controlled by or under common control with such Person (ii) any officer, director, general partner, member or trustee of such Person or (iii) any Person who is an officer, director, general partner, member or trustee of any Person described in clauses (i) or (ii) of this sentence. 2 For purposes of this definition, the terms "controlling," "controlled by" or "under common control with" shall mean the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a Person or entity, whether through the ownership of voting securities, by contract or otherwise, or the power to elect at least fifty percent (50%) of the directors, managers, general partners, or persons exercising similar authority with respect to such Person or entities. "Agreement" or "Regulations" means this Agreement including all Exhibits and Schedules attached hereto, as amended from time to time. Words such as "herein," "hereinafter," "hereof," "hereto" and "hereunder" refer to this Agreement as a whole, unless the context otherwise requires. "Bankruptcy" means, with respect to any Person, a "Voluntary Bankruptcy" or an "Involuntary Bankruptcy." A "Voluntary Bankruptcy" means, with respect to any Person (i) the inability of such Person generally to pay its debts as such debts become due, or an admission in writing by such Person of its inability to pay its debts generally or a general assignment by such Person for the benefit of creditors, (ii) the filing of any petition or answer by such Person seeking to adjudicate itself as bankrupt or insolvent, or seeking for itself any liquidation, winding up, reorganization, arrangement, adjustment, protection, relief, or composition of such Person or its debts under any law relating to bankruptcy, insolvency or reorganization or relief of debtors, or seeking, consenting to, or acquiescing in the entry of an order for relief or the appointment of a receiver, trustee, custodian or other similar official for such Person or for any substantial part of its Property, or (iii) corporate action taken by such Person to authorize any of the actions set forth above. An "Involuntary Bankruptcy" means, with respect to any Person, without the consent or acquiescence of such Person, the entering of an order for relief or approving a petition for relief or reorganization or any other petition seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or other similar relief under any present or future bankruptcy, insolvency or similar statute, law or regulation, or the filing of any such petition against such Person which petition shall not be dismissed within ninety (90) days, or without the consent or acquiescence of such Person, the entering of an order appointing a trustee, custodian, receiver or liquidator of such Person or of all or any substantial part of the Property of such Person which order shall not be dismissed within ninety (90) days. "Business Day" means a day of the year on which banks are not required or authorized to close in Florida. "Capital Contributions" means, with respect to the Member, the amount of money and the fair market value of any property (other than money) contributed to the Company by the Member increased by amounts subsequently contributed to capital and reduced by distributions of capital. "Code" means the United States Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder. 3 "Company" means 31ST STREET RESIDENCES, LLC, a Florida limited liability company. "Effective Date" means the date hereof. "Manager" means Michael Comras initially and any substitute elected from time to time by a majority in interest of the Members. "Member" means Michael Comras and any Person who has become a substituted or additional Member pursuant to the terms of this Agreement. "Person" means any individual, partnership (whether general or limited), limited liability company, corporation, trust, estate, association, nominee or other entity. "Property" means all real and personal property acquired by the Company, including cash, and any improvements thereto, and shall include both tangible and intangible property. "Registered Office" means the registered office of the Company as filed with the Secretary of State of the State of Florida. The registered office of the Company in the State of Florida is c/o Michael Comras, 1261 20th St, Miami Beach, Florida 33139. "Transfer" means , as a noun, any voluntary or involuntary transfer, sale, pledge or hypothecation or other disposition and, as a verb, voluntarily or involuntarily to transfer, sell, pledge or hypothecate or otherwise dispose of. SECTION 2 PERCENTAGE INTERESTS/CAPITAL CONTRIBUTIONS 2.1 Percentage Interests. The Percentage Interest of the Member immediately following the execution of this Agreement is set forth on Schedule A attached. 2.2 Initial Capital Account Balance. The opening Capital Account Balance of the Member immediately following the execution of this Agreement shall be as set forth in the Schedule of Opening Capital Account Balances attached hereto as Exhibit B along with a description of the property which makes up such Account Balance. 2.3 Capital Accounts . Except as specifically provided in this Agreement, the Member may not withdraw or have the right to demand a return of all or any part of the Member's Capital Account or be paid interest on the Member's Capital Contributions or Capital Account. The Member waives the right to partition Company property. The foregoing shall not constitute a waiver of any Member's rights upon dissolution of the Company. 2.4 Limitation of Liability . To the fullest extent permitted by the Act, neither the Member nor the Manager shall be personally liable for any debts, obligations or liabilities of the al Company whether arising in tort, contract or otherwise, solely by reason of being a Manager or Member or acting or omitting to act in such capacity or participating in any capacity in the conduct of the business of the Company. 2.5 No Right to Withdraw. Notwithstanding anything in the Act to the contrary, the Member shall not have the right or power (a) to withdraw as a Member of the Company prior to the dissolution and winding up of the Company pursuant to the terms of Article 8 or (b) to have the Member's Percentage Interest redeemed or to receive any liquidation distribution prior to the dissolution and winding up of the Company. SECTION 3 DISTRIBUTIONS The Company may make distributions from capital, income and profits and of Company property as determined in the sole and absolute discretion of the Manager. SECTION 4 MANAGEMENT 4.1 Manager. (a) The management of the Company shall be vested in the Manager. The Manager may also appoint officers. Initially, Michael Comras shall be the Manager and President. (b) The Manager shall perform management duties in good faith, in a manner the Manager reasonably believes to be in the best interests of the Company, and with such care as an ordinarily prudent person in a like position would use under similar circumstances. A person who so performs his or her duties shall not have any liability by reason of being or having been a Member of the Company. (e) The Manager shall have the power to delegate authority to such employees, agents and representatives of the Company as it may from time to time deem appropriate. (d) The Manager shall not be liable under a judgment, decree or order of court, or in any other manner, for a debt, obligation or liability of the Company unless such liability was incurred as result of the Manager's acting beyond the scope of his duties. 4.2 Powers. 5 (a) Except as otherwise provided in this Agreement, all powers to control and manage the business and affairs of the Company shall be exclusively vested in the Manager and the Manager may exercise all powers of the Company and do all such lawful acts as are by statute, the Articles or this Agreement directed or required to be exercised or done by the Manager and in so doing shall have the right and authority to take all actions which the Manager deems necessary, useful or appropriate for the management and conduct of the business and affairs of the Company, including exercising the following specific rights and powers: (i) Conduct its business, carry on its operations and have and exercise the powers granted by the Act which may be necessary or convenient to effect any or all of the purposes for which it is organized; (ii) Acquire by purchase, lease, or otherwise any real or personal property which may be necessary, convenient, or incidental to the accomplishment of the purposes of the Company and which has been approved or directed by a majority in interest of the Members; (iii) Operate, maintain, finance, improve, construct, own, grant options with respect to, sell, convey, assign, mortgage, and lease any real estate and any personal property necessary, convenient, or incidental to the accomplishment of the purposes of the Company; (iv) Execute any and all agreements, contracts, documents, certifications, and instruments necessary or convenient in connection with the management, maintenance, and operation of the Company's business operations, or in connection with managing the affairs of the Company; (v) Borrow money and issue evidences of indebtedness necessary, convenient, or incidental to the accomplishment of the purposes of the Company, and secure the same by mortgage, pledge, or other lien on any Company assets; (vi) Execute, in furtherance of any or all of the purposes of the Company, any deed, lease, mortgage, deed of trust, mortgage note, promissory note, bill of sale, contract, or other instrument purporting to convey or encumber any or all of the Company assets; (vii) Prepay, in whole or in part, refinance, recast, increase, modify, or extend any liabilities affecting the assets of the Company and in connection therewith execute any extensions or renewals of encumbrances on any or all of such assets; (viii) Care for and distribute funds to the Member(s) by way of cash flow, return of capital, or otherwise, all in accordance with the provisions of this Agreement, and perform all matters in furtherance of the objectives of the Company or this Agreement; 2 (ix) Contract on behalf of the Company for the employment and services of employees and/or independent contractors, such as lawyers and accountants, and delegate to such Persons the duty to manage or supervise any of the assets or operations of the Company; (x) Engage in any kind of activity and perform and carry out contracts of any kind (including contracts of insurance covering risks to Company assets and Manager liability) necessary or incidental to, or in connection with, the accomplishment of the purposes of the Company, as may be lawfully carried on or performed by a limited liability company under the Act; (xi) Take, or refrain from taking, all actions, not expressly proscribed or limited by this Agreement, as may be necessary or appropriate to accomplish the purposes of the Company; (xii) Institute, prosecute, defend, settle, compromise, and dismiss lawsuits or other judicial or administrative proceedings brought against or on behalf of, the Company or the Member or Manager in connection with activities arising out of, connected with, or incidental to this Agreement, and to engage counsel or others in connection therewith; and (xiii) Indemnify the Manager and make any other indemnification that is authorized by this Agreement in accordance with the Act. 4.3 Reimbursements. The Company shall reimburse the Manager for all reasonable and necessary documented expenses incurred in connection with the organization of the Company or the conduct of the Company's business. The Manager's sole determination of which expenses are allocated to and reimbursed as a result of the Company's activities or business and the amount of such expenses shall be conclusive. Such reimbursement shall be treated as an expense of the Company and shall not be deemed to constitute distributions to the Manager of profit, loss or capital of the Company. 4.4 Indemnification of the Manager. (a) Unless otherwise provided in Section 4.4(b) below, the Company shall indemnify, save harmless, and pay all judgments and claims against the Manager relating to any liability or damage incurred by reason of any act performed or omitted to be performed by the Manager in good faith in connection with the Company's business activities and purposes, including reasonable attorneys' fees incurred by the Manager in connection with the defense of any action based on any such act or omission, which attorneys' fees may be paid as incurred. (b) Section 4.4(a) shall be enforced only to the maximum extent permitted by law, and the Manager shall not be indemnified from any liability for fraud, intentional misconduct, gross negligence or a knowing violation of the law which was material to the cause of action. 7 SECTION 5 ROLE OF MEMBER 5.1 Member Compensation. The Member shall not receive any interest, salary or drawing with respect to his Capital Contributions or for services rendered on behalf of the Company, or otherwise, in his capacity as a Member, except as otherwise provided in this Agreement. 5.2 Member Liability. The Member shall not be liable under a judgment, decree or order of a court, or in any other manner for the debts or any other obligations or liabilities of the Company. 5.3 Transactions Between the Member and the Company. Except as otherwise provided by applicable law, the Member may, but shall not be obligated to, lend money to the Company, act as surety for the Company and transact other business with the Company in which event the Member shall have the same rights and obligations when transacting business with the Company as a person or entity who is not a Member. The Member, any Affiliate thereof or an employee, stockholder, agent, director or officer of a Member or any Affiliate thereof, may also be an employee or be retained as an agent of the Company. The existence of these relationships and acting in such capacities will not result in the Member being deemed to be participating in the control of the business of the Company or otherwise affect the limited liability of the Member. SECTION 6 ACCOUNTING, BOOKS AND RECORDS 6.1 Books and Records. The Company shall maintain at its principal place of business separate books of account for the Company which shall show a true and accurate record of all costs and expenses incurred, all charges made, all credits made and received, and all income derived in connection with the conduct of the Company's business activities in accordance with this Agreement. 6.2 Reports. (a) In General. The Manager shall be responsible for causing the preparation of financial reports of the Company and the coordination of financial matters of the Company with the Company's accountants. (b) Records to be Kept any records required by the Act. 6.3 Tag Matters. The Company shall keep at its Registered Office (a) Tax Elections. The Manager may, (except as specifically required herein), make any and all elections allowed under the Internal Revenue Code and under Florida 9.1 law. The Manager is specifically authorized to act as the "Tax Matters Member" under the Code and in any similar capacity under state or local law. (b) Tax Information. The Manager shall be responsible for the preparation of all income and other tax returns of the Company and shall cause the same to be filed in a timely manner. The Member will be furnished with a copy of each such return, together with any schedules or other information, which the Member may require in connection with such Member's own tax affairs. Such information shall be provided by the Company to the Member as soon as practicable after the end of each fiscal year of the Company, but no later than sixty (60) days after the end of each fiscal year. (c) Tax Classification. The Manager shall take and maintain such action as may be required under the Code and the Regulations to cause the Company to be taxable as a sole proprietorship if there is a single Member and as a partnership if there are two or more Members, for federal income tax purposes. SECTION 7 TRANSFERS 7.1 Restrictions on Transfers. No Transfer of all or any portion of a Member's Percentage Interest shall be a Permitted Transfer without the consent of the Manager. 7.2 Prohibited Transfers. Any purported Transfer of a Percentage Interest that is not a Permitted Transfer shall be null and void and of no force or effect whatever; provided that if the Company is required to recognize a Transfer that is not a Permitted Transfer (or if the Members elect to recognize a Transfer that is not a Permitted Transfer), the Percentage Interest Transferred shall be strictly limited to the transferor's rights to allocations and distributions as pro- vided by this Agreement with respect to the transferred Percentage Interest, which allocations and distributions may be applied (without limiting any other legal or equitable rights of the Company) to satisfy any debts, obligations, or liabilities for damages that the transferor or transferee of such Interest may have to the Company. In the case of a Transfer or attempted Transfer of Percentage Interest that is not a Permitted Transfer, the parties engaging or attempting to engage in such Transfer shall be liable to indemnify and hold harmless the Company and the other Members from all cost, liability, and damage that any of such indemnified Member may incur (including, without limitation, incremental tax liabilities, lawyers' fees and expenses) as a result of such Transfer or attempted Transfer and efforts to enforce the indemnity granted hereby. 7.3 Rights of Unadmitted Assignees . A Person who acquires a Percentage Interest but who is not admitted as a substituted Member pursuant to Section 7.6 hereof shall be entitled only to allocations and distributions with respect to such Percentage Interest as the assignor was entitled to, and shall have no right to any information or accounting of the affairs of the Company, shall not be entitled to inspect the books or records of the Company, and shall not have any of the rights of a Member under the Act or this Agreement. E 7.4 Distributions and Allocations in Respect of Transferred Percentage Interests. If any Percentage Interest is Transferred during any year in compliance with the provisions of this Section 7, profits, losses, each item thereof, and all other items attributable to the Transferred Percentage Interest for such year shall be divided and allocated between the transferor and the transferee by taking into account their varying Percentage Interest during the year in accordance with Code section 706(d), using any conventions permitted by law and selected by the Members. All distributions on or before the date of such Transfer shall be made to the transferor, and all dis- tributions thereafter shall be made to the transferee. Solely for purposes of making such allocations and distributions, the Company shall recognize such Transfer not later than the end of the calendar month during which it is given notice of such Transfer, provided that, if the Company is given notice of a Transfer at least ten (10) business days prior to the Transfer, the Company shall recognize such Transfer as of the date of such Transfer, and provided further that if the Company does not receive a notice stating the date such Percentage Interest was transferred and such other information as the Members may reasonably require within thirty (30) days after the end of the year during which the Transfer occurs, then all such items shall be allocated, and all distributions shall be made, to the Person who, according to the books and records of the Company, was the owner of the Percentage Interest on the last day of such year. 7.5 Construction after Admission of Additional Members. If at any time there is more than one Member of the Company, this Agreement shall be construed so that all references herein to "a Member" shall be deemed to be a reference to all Members, construed in the singular or plural as appropriate. SECTION 8 DISSOLUTION AND WINDING UP 8.1 Dissolution. The Company shall be dissolved and its affairs wound up upon the will of the Manager. Notwithstanding any provision of the Act to the contrary, the Company shall continue and not dissolve as a result of the death, retirement, expulsion, bankruptcy or dissolution of any Member or any other event that terminates the continued membership of the Member. Any successor in interest automatically becomes a Member of the Company. 8.2 Effect of Dissolution. Upon dissolution, the Company shall cease carrying on the Company business (as distinguished from the winding up of the Company business), but the Company shall not be terminated by the act of dissolution alone, and shall continue until the winding up of the affairs of the Company is completed and the certificate of dissolution has been issued by the Secretary of State. 8.3 Winding Up. Upon the occurrence of (i) a Dissolution Event or (ii) the determination by a court of competent jurisdiction that the Company has dissolved prior to the occurrence of a Dissolution Event (unless the Company is reconstituted pursuant to the terms hereof), the Company shall continue solely for the purposes of winding up its affairs in an orderly manner, liquidating its assets, and satisfying the claims of its creditors and Members, and no Member shall take any action that is inconsistent with, or not necessary to or appropriate for, the winding up of the Company's business and affairs, provided that all covenants contained in this 10 Agreement and obligations provided for in this Agreement shall continue to be fully binding upon the Members until such time as the Property has been distributed pursuant to this Section 8.3. The Manager shall take full account of the Company's liabilities and Property and shall cause the Property or the proceeds from the sale thereof, to the extent sufficient therefor, to be applied and distributed in accordance with law. 8.4 Compliance With Certain Requirements of Regulations; Deficit Capital Accounts . In the event the Company is "liquidated" within the meaning of Regulations Section 1.704-1(b)(2)(ii)(g), (a) distributions shall be made pursuant to this Section 11 to the Members who have positive Capital Accounts in compliance with Regulations Section 1.704- 1(b)(2)(ii)(b)(2). If any Member has a deficit balance in his Capital Account (after giving effect to all contributions, distributions and allocations for all Allocation Years, including the Allocation Year during which such liquidation occurs), such Member shall have no obligation to make any contribution to the capital of the Company with respect to such deficit, and such deficit shall not be considered a debt owed to the Company or to any other Person for any purpose whatsoever. 8.5 Winding Up and Certificate of Dissolution. The winding up of the Company shall be completed when all debts, liabilities, and obligations of the Company have been paid and discharged, or reasonably adequate provision for payment has been made, and all of the remaining property and assets of the Company have been distributed to the Member. Upon the completion of winding up of the Company, the Manager or other person designated by the Manager shall deliver a certificate of dissolution to the Secretary of State for filing. The certificate of dissolution shall set forth the information required by the Act. SECTION 9 MISCELLANEOUS 9.1 Notices . Any notice, payment, demand, or communication required or permitted to be given by any provision of this Agreement shall be in writing and shall be deemed to have been delivered, given, and received for all purposes (i) if delivered personally to the Member or (ii) whether or not the same is actually received, when communicated by facsimile and receipt of such facsimile is verified by telephonic communication or if sent by registered or certified mail, postage and charges prepaid, addressed as follows: If to the Company, to: 31 ST STREET RESIDENCES, LLC. c/o Michael Comras 1261 20th St Miami Beach, Florida 33139 If to the Manager, to: 1261 20th St Miami Beach, Florida 33139 or to such other address as the Company or the Member may from time to time specify by written notice to the other. 11 9.2 Binding Effect. Except as otherwise provided in this Agreement, every covenant, term, and provision of this Agreement shall be binding upon and inure to the benefit of the Member and such Member's respective heirs, legatees, legal representatives, successors, transferees, and assigns. Any Person succeeding to the Member's interest in the Company shall succeed to all of such Member's rights, interests and obligations hereunder, subject to and with the benefit of all terms and conditions of this Agreement. 9.3 Captions. Captions contained in this Agreement are for reference purposes only and are not intended to describe, interpret, define, or limit the scope, extent, or intent of this Agreement or any provision hereof. 9.4 Severability. Every provision of this Agreement is intended to be severable. If any term or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity or legality of the remainder of this Agreement. Notwithstanding anything in this Agreement to the contrary, if for any reason any interest required to be paid hereunder shall exceed the maximum amount permitted by law, such interest shall be automatically reduced to such maximum amount, provided that this sentence shall not be operative if no applicable laws restrict such interest or if no usury defense is available to the obligor of such interest. 9.5 Incorporation by Reference . Every recital as herein above set forth or exhibit, schedule, and other appendix attached to this Agreement and referred to herein is hereby incorporated in this Agreement by reference. 9.6 Further Assurances . The Member agrees to perform all further acts and exe- cute, acknowledge, and deliver any additional instruments and documents which may be reasonably necessary, appropriate, or desirable to carry out the provisions of this Agreement. 9.7 Variation of Pronouns . All personal pronouns used in this Agreement, whether used in the masculine, feminine, or neuter gender, shall include all other genders; the singular shall include the plural, and vice versa, as the identity of the Person or Persons may require. 9.8 Governing Law . The laws of the State of Florida shall govern the validity of this Agreement, the construction of its terms, and the interpretation of the rights and duties of the Manager and the Member without regard to conflicts of law principles thereunder. 9.9 No Third -Party Rights . The provisions of this Agreement are for the exclusive benefit of the Company and the Member and no other party (including without limitation, any creditor of the Company) shall have any right or claim against the Company or the Member by reason of these provisions or be entitled to enforce any of those provision against the Company or any Member. 9.10 Independent Representations . The Company acknowledges that the law firm of KATZ BARRON SQUITERO FAUST has represented the Member in connection with the 12 drafting of the Regulations and the formation and structuring of the Company. The Member acknowledges that the Member has been advised that there are material income tax consequences and economic ramifications from being a Member in the Company and that the Member fully understands the tax consequences and economic ramifications of the Member's investment in the Company. The Member hereby waives any conflicts of interest with respect to KATZ BARRON SQUITERO FAUST'S representations of the Member and the Company in connection with the services set forth in this Section 9.11. 9.11 Relationship to Articles of Organization and the Act . The provisions of this Agreement have been adopted for the management and regulation of the affairs of the Company and sets forth the relationship between the Company and the Member. Accordingly, this Agreement is intended to serve as the regulations of the Company for purposes of the Act, and shall override the nonmandatory provisions of the Act and the Company's Articles of Organization to the extent contrary or inconsistent with the terms hereof. 31ST STREET RESIDENCES, LLC, a Florida limited liability company By: Michae Comras, Manager 13 Member Michael Comras Exhibit A Percentage Interest 14 100% Exhibit B Opening Capital Account Balances Member Description of Property Capital Account Balance Michael Comras $100.00 $100.00 15 C`qV Opp -. Fw 'z3 CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2-653, and appearing before the City Commission or any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners' legal representative are not required to fill out this form. NAME: Steven J. Wernick (First Name) (Middle) (Last Name) HOME ADDRESS: Akerman, LLP (Address Line 1) CITY: Miami HOME PHONE: (3 0 5) 982-5579 One SE Third Ave, Suite 2500 (Address Line 2) STATE: Florida CELL PHONE: EMAIL: steven.wernick@akerman.com BUSSINESS or APPLICANT or ENTITY NAME ZIP: 33131 FAX: (305) 374-5095 31st Street Residences,LLC BUSINESS ADDRESS: 419 41st Street (Address Line 1) Miami Beach, FL 33140 (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. Rezoning from T3-0 to T4 -L and amending future land use designation from Duplex Residential to Low Density Restricted Commercial 2. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action? ❑ YES 0 NO If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement. No.:86543 3. Please provide the name, address and phone number of the persou(s) or entities to whom consideration has been provided or committed. Name Address Phone# a. b. [V * Additional names can be placed on a separate page attached to this form. 4. Please describe the nature of the consideration. 5. Describe what is being requested in exchange for the consideration. ACKNOWLEDGEMENT OF COMPLIANCE I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing disclosure requirement was not fully and timely satisfied the following may occur: 1. the application or order, as applicable, shall be deemed void without further force or effect; and 2. no application from any person or entity for the same issue shall be reviewed or considered by the applicable board(s) until expiration of a period of one year after the nullification of the application or order. �� /-I-- PERSON SUBMITTING DISCLOSURE: Sworn to and subscribed before me this day of qY) Q The foregoing instrument was acknowl dged before me by L who has produced � h i L L as identification and/or is personally known to me and who did/did not take an oath. STATE OF FLORIDA CITY OF MIAMI MY COMMISSION EXPIRES: Itl 2A Enclosure(s) 2 No.:86543""'r'"" Page 2 MY COMMISSION # EE 155210 EXPIRES: December 21, 2015 Bonded Thru Notary Public Underwriters SCALE: 1'=30 — —FIR IID NO I.D. EXCLUDED NORTH 100.12 OF LOT 13 BLOCK A F LOT 3 II(—BLOLKA EXCLUDED NORTH 100,00 I I OF LOT 12 BLOCK LCT4 RR 1/2' I ry BLOCKA II unto LOT 5 BLOCK IO I LOT L BLOCK U LOT 7 F- BLOCK a IDT 8 BLOCK 1.56' LOT 9 BLOCK LOT 10 I MMA FND. NAI===:=BY— - a; I N01.0. PN 4315C ____—MTNE55 TRAVERSE UNf�\ TND. NAL ! 22'ASP1ALTROAWAY N0I.R ' N, W. 3 1 5t 5 T K E E T ° NO D. L—E5awc�F.WAY ( 2 1 Bt AVE 9-E ( P)) -�— FIAT CENTER UNE�- PLAT RAPLOCATION, (NOT -TO -SCALE) LEGAL DE5CRIFTION LOTS 30 AND 31 AND THE SOUTH 43.57 FEET OF LOTS 12 4 13, IN BLOCK 'A% OF PRfCE5 ADDITION TO ST. JAMES PARK, ACCORDING TO THE PIAT THEREOF, AS RECORDED IN PLAT BOOK 4, AT PAGE 47 OF THE PUBUC RECORDS OF MIAMI-DADE COUNTY, FLORIDA PROPERTY ADDRESS: 25 NW 31 STREET 4 20 NW 32 STREET MIAMI, ft 33127 INVOICE NUMBER: 01-G2I66 DATE OF MELD WORK: 1 0/2412014 CERTIFIED TO: 315T STREET RESIDENCES: LC 5UPERIOR TITLE SERVICES OF 50M FLORIDA, INC. OLD REPUBUC NATIONAL TLE INSURANCE CO. FLOOD ZONE: X - 120650 - 0312 - L GRO55[AND AREA 18,657 5Q.FT. (0.43 ACRE5) LEGEND — X —X — CHAIN LINK FENCE �''7—//— WOOD FENCE A - ARC LENGTH- PER PLAT ,CA - CENTRAL ANGLE -PROPERTY LINE WL` - CENTER UNE PC - POINT Of CURVATURE F - CALCULATED FROM HELD MEASURE PCC - POINT OF COMPOUND CURVATURE CR- CALCULATED FROM RECORD DATA PK - PARKER KALON NAL CATV - CABLE TV RISER POB - POINTOFBEGWNNG A - CENTRAL ANGLE IDELTAI POC - PONT OF COMMENCEMENT DE - DRAINAGE EASEMENT EASE - EASEMENT PRC - POINT OF REVERSE CURVATURE PT - POINT Of TANGENCY EDW - EDGE Of WATER R/W - RIGHT-0M1WAY FF - FINISHED FLOOR SBR BELL SOUTH RISER HP - FOUND PIPE UE - UTILITY EASEMENT IRON FIR - FOUND RON ROD WM - WATER METER FN- FOUND NAIL UP - UTIUTY POLE L- PER LEGAL DESCRIPTION M - MEASURED OHC• OVER HEAD CABLE ORB - OFFICIAL RECORDS BOOK NOTES: I.THIS SURVEY IS BASED UPON RECORD INFORMATION AS PROVIDED BY CLIENT. NO SPECIFIC SEARCH OF THE PUBLIC RECORD HAS BEN MADE BY THIS OFFICE 2. UNDERGROUND IMPROVEMENTS HAVE NOT BEEN LOCATED EXCEPT AS SPECIHCAILY SHOWN. 3. ELEVATIONS ARE BASED UPON NATIONAL GEODETIC VERTICAL DATUM (N.G.VD. 1929). 4.FENCE TIES ARE TO CENTERLINE OF FENCE. 5. IN SOME CASES. GRAPHIC REPRESENTATIONS HAVE BEEN EXAGGERATED TO MORE CLEARLY ILLUSTRATE MEASURED RELATIONSHIPS - DIMENSIONS SHALL HAVE PRECEDENCE OVER SCALED POSMONN 6. ALL DIMENSIONS SHOWN ARE FIELD MEASURED AND CORRESPOND TO RECORD INFORMATION UNLESS SPECIRCALLY NOTED OTHER WISE. 7. CORNERS SHOWN ASSET' ARE IDENTIFIED WITH A CAP MARKED LB IUCENSED BUSINESS) # 6799, SURVEYOR'S CERTIFICATION: I HEREBY CERTIFY THAT THIS BO U N D A'RY SURVEYMEEIS THE MINIMUM TECHNICAL STANDARDS FOR SURVEYS. AS SET FORM BY THE RORIDA BOARD OF SURVEYORS AND MAPPER' IN CHAPTER 6To 17.6 OF THE FLORIDA ADMINISTRATIVE CODE, PURSUANTTO SECTON 472.027, FLORIDA STATUTES ELEVATIONS SHOWN -IF APPLICABLE -ARE BASED UP014 t:`{yL BENCH MARK: ELEVATION • _ N.G..D, 1929 Y usM SIGNED •°� DATE: 01/I W2015 Au �� ANDREW SON No PRORSNOT AL SURVEYOR AND MAPPER FLORIDAREGISFN ORrI RAL MISED S603iWAL OF THE VALID WIIHOUTTIES) GNATURE AND THE MAPPERSHOWNSEAL OF THE FLORIDA LICENSED RV RAND J MAPPFRSMOWNABOVEf IMPORTANT NOTE: I IF THIS SKETCH OF SURVEY HAS BEEN PREPARED FOR THE PURPOSES OFDlgitally Signed by A MORTGAGE TRANSACTION, IT IS LIMITED TO THE INFORMATION Andrew Snyder REQUIRED FOR THAT PURPOSE. NO FUTURE CONSTRUCTION SHALL BE y BASED UPON THIS SURVEY WITHOUT FIRST OBTAINING APPROVAL DM cn=Andrew Snyder, AND/OR UPDATES FROM LANOTECH. SAID APPROVAL SHALL BE c-Landtec SLIT Ong, CONFIRMED BY AN ADDITIONAL SIGNED NOTATION:'LANMWH Inc., OU,emaiF-a- APPROVAL FOA CONSTRUCTION"LISTED IN THE REVISION BAR BELOW. LANDTECH ASSUMES NO RESPONSIBILITY FOR ERRORS RESULTING Snyder@mSn.c°m, c=US FROM FAILURE TO ADHERE TO THIS CLAUSE Date: 2015.01.16 11:5202 -Ono' REVISION SCHEDULE: 1211G12014 - RE-5CALED DRAWING - CF 1/8/2015- PLALOCATIONADDED - CF O"""15 - GKO55 LAND AREA ADDED - CF " D��C LAND SURVEYING - RESIDENTIAL SERVICES Proudly Serving Florida's Land Title & Real Estate Industries 21000 Boca Rio Road - Ste. Al2 Boca Raton, FL. 33433 (561) 367-3587 - FAX: (561) 465-3145 LandtecSurvey.caTn SCALE: 1'=30 + LEGEND: — X —X — CHAIN UN K FENCE F .s aey a //— //— WOOD FENCE s a 7 6 / 4 v ac - BLOCK CORNER - PER PLAT Y - CENTRAL ANGLE - PROPERTY UNE u5 - CENTER LINE PC - POINT OF CURVATURE CF CALCULATED FROM FEED MEASURE PCC - POINT OF COMPOUND CURVATURE #a I CR - CALCULATED FROM RECORD DATA PK - PARKER KALON NAIL CAN - CABLE TV RISEN POB - POINT OF BEGINNING X. 1 A - CENTRAL ANGLE (DELTA) POC - POINT OF COMMENCEMENT NW315rT5TRM IB I# a R: RX XA ♦ DE - DRAINAGE EASEMENT PRC - POEASE EASEMENT PT I NT OF REVERSE CURVATURE FN T — — FN i t "� ED W - EDGED WATER R/W - RIGHT-0OFNT Of ICY — — — 22' A5PHALT ROADWAY 9 €fF BELL SOUTH RISER FINISHED • FOUND IR H FLOOR PIPE UE • UTILITY EASEMENT DT 50' RIGHT -0F -WAY FIR - FOUND IRON ROD WM - WATER METER N N N IN - FOUND NAIL UP - UTILITY POLE ' CONC. GUTTER PIATYAPLDGTDN:' 6.5 ASPHALT PARK NG 5 CONC. GUTTER BC L PER LEGAL DESCRIPTION! (ROL705CALQ M MEASURED OHC - OVER HEAD CABLE ORB - OFFICIAL RECORDS BOOK FlP 518' 5' CONC. WALK 1 0.00' P I 0. I Z' M P FIP 518" FlP 112" FC IOL CONC. 125.007) ? NOTES: p,3(Wj 4PARYJNGI GBS WALL i 24,90'(M) g I SHR SURVEY IS BASED UPON RECORD INFORMATION AS PROVIDED BY CLIENT. NO SPECIFIC 5 SEARCH OF THE PUBUC RECORD HAS BEEN MADE BY THIS OFFICE. IG I ON V i CONC. V 0 1(N) 2. UNDERGROUND IMPROVEMENR HAVE NOT BEEN LOCATED EXCEPT AS SPECIFICALLY SHOWN. 0,1(5) aOI I S. ELEVATIONS ARE BASED UPON NATIONAL GEODETIC VERTICAL DATUM (N.G.V.D. 1929). I�PARKM m )PARKING �d2(E) 4.FENCE PB ARE TO CENTERUNE OFFENCEL_ L 5. IN SOME CABFS. GRAPHIC REPRESENTAnONS HAVE BEEN E%AGGERATEDTO MORE GIEARIY ® I2 WLOT POSUSTROMEA9URED REUTIONSHIPS-DIMENSIONS SHALL HAVE PRCCEOENCE OVER SCALED ® V BLOCK I 6. ALL DIMENSIONS SHOWN ARE FIELD MEASURED AND CORRESPOND TO RECORD INFORMATION 8.36' 29.30 5il 29. K O UNLESS SPECIFICALLY NOTED OTHERWISE. Q 7. CORNERS SHOWN AS SET' ARE IDENTIFIED WITH A CAP MARKED LB (LICENSED BUSINESS) # 6799. 3 3 j �c ONE STORY — SURVEYOR'S CERTIFICATION: LOT 7 ONE STORY ONE STORY CD - I HEREBY CERTIFY THAT THIS B 0 U N D A R Y SURVEY MEETS BLOCK) m V APT. BLDG m THE MINIMUM TECHNICAL STANDARDS FOR SURVEYS, AS SE F5 BY THE FLORIDA APT. BLDG APT. B� N22 BOARD OF SURVEYORS AND MAPPERS IN CHAP H 6IGI7e Of NE ftOROA ri30 Ica N26 ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTE 9,30 6.6 5' 9.35' ELEVATIONS SHOWN -IFAPPLICABLE-ARE BASED UPON ai. r,� 8.45' 6.60 6.70 6.75' 5,97' BLOCK BENCH MARK: 1�"~ ELEVATION• // N.G.V.O.;929 W W S NED:°A"'N DATE 01!162015 ANDREWSNYDER PROFESSIONAL SURVEYOR AND MAPPER 0.ORIDA I O 3 a $ ri O b REGISTRATIONNo.501(NOT VALID WRHOUTTHE SIGNATURE AND THE _O z m m _ m I F MAPPERSHOWNABOVETMEFLORIDA LICENSED SURVEYOR AND Yj Digitally signed by 29,50 LOT IMPORTANT NOTE; Andrew Snyder 26,60 ® 26,75' BLOCK I IF THIS SKETCH OF SURVEY HAS BEEN PREPARED FOR THE PURPOSE CRON:CTI=Andrew G.10' A MORTGAGE TRANSACTION, IT IS LIMITED TO THE INFORMATION Snyder,o=Landtec REQUIRED FOR THAT PURPOSE. NO FUTURE CONSTRUCTION SHALL BE SUNG In BASED UPON THIS SURVEY WITHOUT FIRM OBTAINING APPROVAL Y g, Inc., Ou, OF AND/OR UPDATE FROM LANDTECH. SAID APPROVAL SHALL BE email=a- FC ^ b CONFIRMED BY AN ADDITIONAL SIGNED NOTATION' "LANDTECN sn er@msn.com, y, N LOT ( LOTS I LOT APPROVAL FOR CONSTRUCTION"LISTED IN THE REVISION BAR BELOW. nn11^^ N IANDTECH ASSUMES NO RESPONSIBILITY FOR ERRORS RESULTING C=US 0. `•,l Y� `°(, � FROM FAILURETO ADHERETO THIS CLAUSE. Date: 2015.01.16 0, � (N) ? BLOCK I BLOCK I BLOCK I -�p� _ �O,U FIP 1/2" 10:46:06-05'00' — — — REVISION SCHEDULE: FIP 11211 CB5 WALL 50.00'(P4 C55 WALU OI II Q2015 - GRO55 LMO A EA ADM - CF AOT 21 0.1(5) LOT 22 LOT 23 0.4(5) BLOCK I I BLOCK I I BLOCK I 0.3(E) WUNDARY UNE BUILDING UNE CENTERUNE EASEMENT UNE CHAIN UNK FENCE WOODEN PENCE OVER= CABLE ENCR0ACdWHT55110WN IN RED LETTERING LEGAL DESCRIPTION: LOT 4, 5, 6, BICCK I, SAINT JAME5 PARK, ACCORDING TO THE PIATTHEREOF AS RECORDED IN PIAT BOOK3, PAGEL5165, "E PUBLIC RECORD5 OF MIAMI-DADE COUNTY, FLORIDA. _.-��/'�� PROPERTY2W31 ADDRESS: L /' DM ��EE�RR"` LANDMC GR055 LAND AREA 22 NW 3I STREET � ++i��111��FFF 20,695 5G.FT. (0,48 ACRE5) MIAMI, FL 33127 � LAND St1RVEYING -RESIDENTIAL SERVICES INVOICE NUMBER: OI42077 , � Proudly Serving Florida's Land Title & Real Estate Industries � DATE OF FFD WORK 0110912015 2TOOD Boca Rio Road -Ste. Al2 CERTIFIED CERTTO: Boca Raton, FL 33433 NACIFIE 2 (561) 3673587 -FAX: (561) 4653145 FLOOD 20NE: X- 120650-0312-C L a n d t e a S U r V e y. C o m �w N.W. 32nd STREET 21 22 LEGEND 19 24 BOUNDARY SURVEY Back Flow Prev M, ® Parking Mater iLP Concrete Light Pole ® of qtD Mela LigM1t Pale 4 s..er vm.e LJJ 0 Guy wire 28 N.W. 32nd STREET, MIAMI, Ma' Bo. Z 8 Utility P ... r P.I. ; spat Elevation y THIS SURVEY IS NOT INTENDED FOR CONSTRUCTION PURPOSES. FOR THOSE MIAMI-DADE COUNTY, FLORIDA 33127 �• SURVEYORS NOTES: ® wmar Meter 1.5'-15'-10' aiometer-Height-spread for Elecndc Bo. 1. Field Survey was completed on: January 13th, 2015. Ci ca El Telephone Box PROFESSIONAL SURVEYOR AND MAPPER No. 6781 Pmp.rty Came, O$ seer Monhul. y m m Trafrc sign N --WL-- Overhead Utility Liners JUAN PUENTES ARCHITECTS Catch Bain 2. LEGAL DESCRIPTION: Light Pale ® Drainage Manhal. DE coo Valve —••—••— The North 100 feet of the Lots 12 and 13, Block A. of PRICE'S ADDITION TO ST. N Valve Iron Fente ® Water Manhole JAMES PARK, according to the Plat thereof, as recorded in Plat Book 4, at Page 47, Irrigation Control Valre 8 Telephone Manhole w. Z g of the Public Records of Miami -Dade County, Florida. Q p o r s �� clean out -x--v- M/L GP Guard Pole Containing 10,000 Square feet or 0.23 Acres, more or less, by calculation. j$ 0 m � m - - C - - - - - - - - - - - - - - 3. SOURCES OF DATA: D• 1D 2G 40 - - - - N.W. 32nd STREET T AS TO HORIZONTAL CONTROL �3 s "' GRAPHIC SCALE per, - 22' ASPHALT PAVEMENT 2' V.G. North Arrow and Bearings refer to an assumed value of East along the North line of f� '� W SCALE 1" = 20' the Subject Property, Miami -Dade County, Florida. Said line is --id-ed m „ 6' ASPHALT PARKWAY BLOCK CORNER well-established and monumented. p ' — 5'"'SVJK. ° ° — ST R ' 100OO ouP—aL'—w—oIS125.0b' AS TO VERTICAL CONTROL m .2' d„Aa � � F.N.D. F.I.Pip 1/2° NO I° By scaled determination the subject property lies n Flood Zone X, as per FI.Pa 1/Y No IO - 3 PARKI _9 ; - o- No 10 - 5 P RKIN / � Federal Emergency Management A FEMA Commun-t Panel Number 9 Y 9 Agency (FEMA) y - ABBREVIATIONS N PACE SP CES £ 10' 120650, Map No. 12086CO312. Suffix L, Revised Date: 09-11-2009. - MET An accurate Zone determination should be made by the preparer of the map, M �` 12,4' 11p the Federal Emergency Management Agency, the Local Government Agency A/c Arc Lengtn Ar c-diti..r Pod {J3 GAT 7' 1�.5'- � 2j:4. .. or having diction over such matters prior to an judgments g g jurs p y jud is ben made from ASPH e M. A.phat B.ntn METAL SOD '' j� — — — the Zane as noted. The referenced Federal Emergency Management Agency Map "this c.es LG concrete Block serittire . Curb &Ginter O O GATE _ ' states in the notes to the user that e p p an y". map is for insurance purposes eH c/L cnore oi.eom.e center we O o `I ..1 4. ACCURACY: y CLF. coNc C.S.concrete CM1am Unk Fence concrete slob k 1 I J W The accuracy obtained by measurement and calculation of closed geometric figures was found to exceed this requirement. r�'f owy Dr -v, J \ 5�D ' TWO STORY _ �' MO STORK m '� ,, (� E.T.P FFE Electro Transfanner Pod Finsh.d Floor Elevation -' d Ij�' RESIDENCE 4. n' RESIDENCE w, O '� NLT ZR a o 6. LIMITATIONS: �/ lyr" �+ F.I.P. FND Found Imn P'pa F. rd Nal d: D.c _ W /��ljj No. IR }7 I 1 O`Q The above Legal Description provided by client. F.R. I.D Fauntl Rebar IdentlrcWon O rf I (� U tJ-1 INN.In.erte LIE.Lo.est Floor Devat .:r •h -I �><� O r Since no other information other than what s cited in the Sources of Data M/L P.B. on Plot Book Lm. Plat Book p O r ' O - was furnished. the Client is hereby advised that there may be legal restrictions10 on the Subject Property that are not shown on the Survey Ma r contained jec per y y p o rn 4i W P.C.P.Permanent control Poinl O S00 o - 23:a 12 8' O within this Report that may be found in the Public Records of Miami Dade Q b I--' PL P/L Pl.nter Property one Z 12. a" �, ., 4.U' " - - ONE — — — — — County, or the records of any other pubic and prhote entities as their jurisdictions may appear. The Surveyor makes no representation as to ownership A N U W rr1 W ] P.0. P.o.c. Pont of Be in .g I STORY ,GATE TO' or possession of the Subject Property by any entity or individual who may 3 Q IY P.R.N. R/w point or comm.mc.m.mt erman m Rneren.e Maniment Right -of -Way U.. SOD ..r SOD CONC. 99� I,_,. 0.2 appear in public records. Na excavation or determination was made as to how the Subject Pro ert is served b utilities. No j p y e y improvements were located. other z III z L1 d sx, 'id ..lk SLAB i METAL than those shown. No underground foundations, improvements and/or gra n /or utilities (� N 4 y T.B.N. V.C. T.mporary Benchmark vMt FENCE .... ® C.L.F. were located or shown hereon. "Minimum a' w.F. WOIIey Fite d n —%—x—X x—xx x This notice is required by the Technical Standards for Land Surveying LLE P/B utility Easement Parking Spatts `"D NO III _ EAST P/IL 1QQ.�Q F.I.P.O 1/2 N° ID in the State of Florida." pursuant to Rule 5J-17 of the Florida Administrative Code. CERTIFY TO N.W. 32nd STREET 21 22 LEGEND 19 24 ®NN Back Flow Prev M, ® Parking Mater iLP Concrete Light Pole ® Unk...n Manhole qtD Mela LigM1t Pale 4 s..er vm.e LJJ \ Guy wire �o Ma' Bo. Z 8 Utility P ... r P.I. ; spat Elevation y THIS SURVEY IS NOT INTENDED FOR CONSTRUCTION PURPOSES. FOR THOSE Fire Hydrant �• iempamry Benchmark < ® wmar Meter 1.5'-15'-10' aiometer-Height-spread ® Elecndc Bo. g -af- ay Lines El Telephone Box PROFESSIONAL SURVEYOR AND MAPPER No. 6781 Pmp.rty Came, O$ seer Monhul. T Trafrc sign N --WL-- Overhead Utility Liners ® Catch Bain 0 Light Pale ® Drainage Manhal. DE coo Valve —••—••— wood ren.. �xvWater Valve Iron Fente ® Water Manhole X Irrigation Control Valre 8 Telephone Manhole w. Z g oremdng wdl o clean out -x--v- Ghain rink fiance GP Guard Pole N.W. 32nd STREET 21 22 20 23 19 24 18 25 17 26 16 27 15 28 14 29 Lal shown Thissurvey meets the minimum technical standards set forth by the 1 2 3 4 30 31 5 6 7 8 9 10 11 N.W. 31st STREET LOCATION SKETCH NOT TO SCALE liojea: OzaToe Job: 15-0821 Doe: 01-13-2015 Or— G.P. J.S.. C.B. Cbecked: J.S. Scaler AS SHOWN Field Bao- ON FILE SMET I OF I SURVEYOR'S CERTIFICATE: I HEREBY CERTIFY: That the Boundary Survey of the above described property is true and correct to the best of my knowledge and belief as recently surveyed under my direction. Further, there are no above ground encroachments unless Lal shown Thissurvey meets the minimum technical standards set forth by the � N Florida Board of Professional Surveyors and Mappers, in Chapter 5.1-17, Florida Z Z Administrative Code, pursuant to section 472.027 Florida Statutes. Examination of the abstract of title will have to be made to determine recorded instruments, if L.J> any, affecting the property. Location and identification of utilities adjacent to the Q property were not secured as such information was not requested. Ownership is subject to opinion of title. Q THIS SURVEY IS NOT INTENDED FOR CONSTRUCTION PURPOSES. FOR THOSE PURPOSES A TOPOGRAPHIC SURVEY IS REQUIRED. J. SONFILL & ASSOCIATES, INC. Florida Certificate of Authorization No. LB 3398 �e?iJ7 Z Z ORLA.'ANNETSUAREZ PROFESSIONAL SURVEYOR AND MAPPER No. 6781 STATE OF FLORIDA Not valid withuut the signature and the original raised seal of a Florida Licensed Surveyor and Mapper. Additions or deletions to survey maps or reports by other than the signing party or parties is prohibited without written consent of the signing party or parties. liojea: OzaToe Job: 15-0821 Doe: 01-13-2015 Or— G.P. J.S.. C.B. Cbecked: J.S. Scaler AS SHOWN Field Bao- ON FILE SMET I OF I