Loading...
HomeMy WebLinkAboutPZAB 3-18-15 Supporting DocumentationPZABA PLANNING, ZONING AND APPEALS BOARD FACT SHEET File ID: 15-00057lu 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 PROPERTY LOCATED AT APPROXIMATELY 2240 SOUTHWEST 13TH AVENUE, 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 2240 SW 13th Avenue [Commissioner Frank Carollo - District 3] Applicant(s): David J. Coviello, Esquire, on behalf of 1300 Coral Brickell, LLC 1500 Miami Center 201 South Biscayne Boulevard Miami, Florida 33131 305-358-6300 Purpose: This will change the zoning classification for the above property from "Duplex Residential" to "Low Density Restricted Commercial". Finding(s): Planning & Zoning: Recommended denial. See companion File ID 15-00057zc. Planning, Zoning and Appeals Board: March 18, 2015 'h op iiE �' 1r:BAr ZBtt 110.4 iA�1! It ''d\lSSSnvr'r ANALYSIS FOR Future Land Use Map Change FILE ID: 15-00057lu APPLICANT: David Coviello, on behalf of 1300 Coral Brickell LLC (the "Owner") PROJECT ADDRESS: 2240 SW 13th Avenue, Miami, 33145 COMMISSION DISTRICT: District 3 NET OFFICE: Coral Way LAND USE DESIGNATION: Duplex Residential HEARING DATE: 3/18/15 REQUEST The proposal is a request to change the Future Land Use Map of the Miami Comprehensive Neighborhood Plan designation of a portion of the property 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" future land use category allows 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 (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 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 residential uses (except rescue missions) to a Multifamily Residential" (36 dwelling units per transitory residential facilities such as hotels Commercial" future land use category allows maximum density equivalent to "Low Density acre) subject to the same limiting conditions; and motels; general office use; clinics and File Id. 15-00057LU Page 1 of 4 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 site consists of one (1) parcel comprising approximately 0.34 acres. The parcel is a corner lot located at the intersection of SW 13 Avenue and SW 22"d Terrace, on a block that is bounded by SW 22 Street (Coral Way) to the North and SW 14th Avenue to the West. The subject site is part of two abutting parcels located consecutively on 1300 and 1312 SW 22nd Ave, under single ownership. Although the Property in its entirety is included for the purposes of the application, only the portion of the property with the address of 2240 SW 13th Ave is being proposed for a comprehensive plan amendment. The two (2) parcels along Coral Way will retain their land use designation or restricted commercial. The Future Land Use (FLUM) designation for the subject site and adjacent properties located to south, west and southwest is "Duplex Residential". The abutting property to the north, east and parcels along the Coral Way (Zone 3) are designated "Restricted Commercial'. The applicant proposes to develop the Property with a mixed-use residential project, and for that purpose, the applicant considers the change of Land Use necessary to enable that development. The subject site is located in "CORAL WAY" Service Center Area. EXISTING NEIGHBORHOOD CHARACTERISTICS: FUTURE LAND USE DESIGNATION Subiect Property: Duplex Residential Maximum of 18 D.0 per acre. Surroundina Properties: NORTH: Restricted Commercial Maximum of 150 D.0 per acre. SOUTH: Duplex Residential Maximum of 18 D.0 per acre ZONING Subiect Property: T3-0 Sub -Urban Transect Zone Open Surrounding Properties: T6-8-0 Urban Core Transect Zone Open T3-0 Sub -Urban Transect Zone Open File Id. 15-00057LU Page 2 of 4 EAST: Restricted Commercial Maximum of 150 D.0 per acre. WEST: Duplex Residential Maximum of 18 D.0 per acre T6-8-0 Urban Core Transect Zone Open T3-0 Sub -Urban Transect Zone Open ANALYSIS • A land use change at this location may set a negative precedent and create a "domino effect" in regards to future land use change applications throughout this neighborhood, which borders a single family neighborhood. • A change to Low Density Restricted Commercial is not a logical conversion and would change the character of this corridor by introducing commercial uses and thereby impact the quality of life for the single family residential neighborhood. • MCNP Land Use Goal LU -1(1) encourages a land use pattern that protects and enhances the quality of life in the city's residential neighborhoods and (5) promotes the efficient use of land and minimizes land use conflicts. This amendment request will increase conflicts because the proposed designation will allow for an intrusion of commercial uses into a stable residential neighborhood that could potentially create land use conflicts. MCNP Housing Policy HO -1.1.7 states the City will continue to control, through restrictions in the City's land development regulations, large scale and/or intensive commercial and industrial land development which may negatively impact any residential neighborhood and will provide appropriate transitions between high-rise and low-rise residential developments. The proposed change is out of scale in regards to density and height as it pertains to the abutting single-family neighborhood. The MCNP Interpretation of the 2020 Future Land Use Map indicates that the "Duplex Family Residential" future land use category allows residential structures up to a maximum of 18 dwelling units per acre. The requested "Low Density Restricted Commercial" designation allows density equivalent to "Low Density Multifamily Residential" or 36 dwelling units per acre. This represents a potential increase in density that would be out of scale with the surrounding areas to the south and west. Land Use Policy LU -1.1.3 (1) provides for the protection of all areas of the City from (1) the encroachment of incompatible land uses; and (2) the adverse impacts of future land uses in adjacent areas that disrupt or degrade public health and safety, or natural or man-made amenities. • MCNP Land Use Policy 1.1.1 provides that new development or redevelopment that results in an increase in density or intensity of land use shall be contingent upon availability of public facilities and services that meet or exceed the minimum Level of Services (LOS) standards adopted in the Capital Improvements Element. The analysis is NOT based on a proposed project. The highest potential use is being considered. File Id. 15-00057LU Page 3 of 4 RECOMENDATION Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114, as amended and the aforementioned findings, the Planning & Zoning Department recommends denial of the proposed request as presented. These findings support the position that the Future Land Use Map at this location and for this neighborhood should NOT be changed. Christopher Brimo Chief of Land Development L. Vicentini, 3/5/15 File Id. 15-00057LU Page 4 of 4 Pubi 21ST -S' FUTURE LAND USE MAP (EXISTING) SW 21 ST ST SW 21ST TER M -n � � � I T L SW 21 ST ST Single Family - Residential 1Restricted Commercial - .._ ...._ �4qv C SW -2 -2ND -ST SW 22ND S I�� M J N r' SW_22ND TER ccn Dupi\ Residential 7,77 7,,os * Jz .'J SW 23RD ST 23RD TER SW �g't vE 01 I 300 6I Feet ADDRESS: 2240 SW 13 AV Publ c 21 ST, STS FUTURE LAND USE MAP (PROPOSED) U Ltd M lities, knrl—N SW 21ST ST SW 21ST TER Restricted Commercial SW 21ST ST 3 N Single Family - Residential LU ow Density LU I Restricted Bc i gal Commer CS TFF R el Su- d e- n —ti a- IV ILL -- SW 23RD ST Sam 23RD TER 0 SW 22ND 0150 300 600 Feet I I I , i , , , i ADDRESS: 2240 SW 13 AV CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT Proposal N( 15-00057lu IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP Date: 03/04/2015 WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION CONCURRENCY ANALYSIS Applicant David J. Coviello, Fsq'.,on behalf of 1300 Coral Brickell, LLC RECREATION AND OPEN SPACE Population Increment, Residents 14 Address: 2240 SW 13 AV Space Requirement, acres 0.02 Boundary Streets: North: SW 22 S" East: SW 13 AV Excess Capacity Before Change 182.80 South: SW 22 TER West: SW 14 AV Excess Capacity After Change 182.78 Proposed Change: From: Duplex Residential Concurrency Checkoff OK To: Low Density, Restricted Commercial Existing Designation, Maximum Land Use Intensity POTABLE WATER TRANSMISSION Residential 0.2970 acres @ 18DU/acre 5 DU's Population Increment, Residents 14 Peak Hour Person -Trip Generation, Residential 4 Transmission Requirement, gpd 3,078 Other sq.ft. @ FLR 0 sq.ft. Excess Capacity Before Change >2% above demand Peak Hour Person -Trip Generation, Other Excess Capacity After Change >2% above demand Concurrency Checkoff OK Proposed Designation, Maximum Land Use Intensity Residential 0.2970, acres @ 36 DU/acre 11 DU's SANITARY SEWER TRANSMISSION Peak Hour Person -Trip Generation, Residential 8 Population Increment, Residents 14 Other sq.ft. @ FLR 0 sq.ft. Transmission Requirement, gpd 2,542 Peak Hour Person -Trip Generation, Other 0 Excess Capacity Before Change See Note 1. Excess Capacity After Change See Note 1. Net Increment With Proposed Change: Concurrency Checkoff WASA Permit Required Population 14 Dwelling Units 5 STORM SEWER CAPACITY Peak Hour Person -Trips 4 Exfiltration System Before Change On-site Exfiltration System After Change On-site Planning District Coral Way Concurrency Checkoff OK County Wastewater Collection Zone 310 Drainage Subcatchment Basin T1, SOLID WASTE COLLECTION Solid Waste Collection Route 223-' Population Increment, Residents 14 Transportation Corridor Name Coral Way Solid Waste Generation, tons/year 18 Excess Capacity Before Change 800 RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Excess Capacity After Change 782 Concurrency Checkoff OK Land Use Goal LU -1 (See attachment 1) Land Use Objective LU -1.1 TRAFFIC CIRCULATION Land Use Policy 1.1.1 Population Increment, Residents 14 Capital Improvements Goal CI -1 Peak -Hour Person -Trip Generation 4 Capital Improvements Objective CI -1.2 LOS Before Change B Capital Improvements Policy 1.2.3 a - g LOS After Change B Concurrency Checkoff OK NOTES ASSUMPTIONS AND COMMENTS 1. Permit torsanitarysewer connection must be Issued by Miami -Dade Water and Sewer Authority Department. (WASD) Excess capacity, if any, is currently not known Population increment is assumed to be all new residents. Peak -period trip generation is based on ITE Trip Generation, 5th Edition at 1.4 ppv average Low Density Restricted Commercial: Allow residential uses (except rescue missions) to a maximum density occupancy for private passenger vehicles. Transportation Corridor capacities and eduivalent to "Low Density Multifamily Residential" subject to the same limiting conditions: transitory LOS are from Table PT -2(R1), Transportation Corridors report. water and wastewater transmission capacities are in accordance with Metro -Dade County stated CapaCltl05 and are assumed correct. Service connections to water and sewer mains are assumed to be of adequate size; If not, new connections are to be installed at owner's expense. Recreation/Open Space acreage requirements are assumed with proposed change made. residential facilities such as hotels and motels;general officeuse; clinics and laboratories commercialPotable 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, restaurants, saloons and cafes, general entertainment facilities, private clubas and recreation facilities, major sports and exhibition or entertainment facilities and other commercial activities whose scale and land use impacts are similar in nature of those uses described above, auditoriums, libraries, convention facilities, places of workship, and primary and secondary schools. .This category also includes commercial marinas and living quarters on vessels as permissible. Allow max hatch 4 stones (height up to 25 it for the ground floor and up to 14 it for each additional floor CM 1 IN 03/13/9 ijt� City of Miami City Hall 3500 Pan American w4 t4` Drive "IRCRR� RBAifR ¢;, Legislation Miami, FL 33133 www.miamigov.com °W'nT PZAB Resolution File Number: 15-00057lu 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 PROPERTY LOCATED AT APPROXIMATELY 2240 SOUTHWEST 13TH AVENUE, 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 2240 SW 13th Avenue [Commissioner Frank Carollo - District 3] APPLICANT(S): David J. Coviello, Esquire, on behalf of 1300 Coral Brickell, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial. See companion File ID: 15-00057zc. PURPOSE: This will change the zoning classification for the above property from "Duplex Residential" to "Low Density Restricted Commercial". WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on March 18, 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 §163.3187, Florida Statutes, is further amended by changing the Future Land Use designation of City of Miami Page 1 of 3 File Id: 15 -000571st ([version: 1) Printed On: 31612015 File Number: 15-00057lu 0.34± acres of real property located at approximately 2240 Southwest 13th Avenue, 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 City of Mia nii Page 2 of 3 File Id: 15-000571u (!Version: 1) Printed On: 31612015 File Number: 15-00057lu Footnotes: {1} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 3 of 3 File Id: 15-000571u ([version: I) Printed On: 31612015 Exhibit "A" Address: 2240 S.W. 13th Street, Miami, FL 33145 Legal Description: Lots 36 Thru 39, Block 60, Less the West 28 feet in Block 60, EAST SHENANDOAH, according to the Plat Book 14, Page 55, of the Public Records of Miami -Dade County, Florida. SHUTTS BOWEN LLP Founded 1910 DAVID J, COVIELLO PARTNER (305) 415-9437 Direct Telephone (305) 415-9837 Direct Facsimile February 20, 2015 VIA HAND DELIVERY Mr. Francisco Garcia City of Miami, Planning Director Planning Department 444 SW 2nd Avenue, 3rd Floor Miami, Florida 33130 E-MAIL ADDRESS: dcoviclio@shutts.com Re: 1300 Coral Way Brickell, LLC / 1300, 1312 SW 22nd Street, and 2240 SW 13th Avenue / Revised Letter of Intent and Applications for Comprehensive Plan Amendment and Rezoning Dear Mr. Garcia: On behalf of 1300 Coral Brickell LLC (the "Owner"), we respectfully submit the enclosed applications for a comprehensive plan amendment and rezoning (collectively, the "Application") of the properties located at 1300, 1312 SW 22nd Avenue, and 2240 SW 13" Avenue, Miami, Florida (collectively, the "Property"). The Property is under single ownership and will be tied together by Unity of Title, a copy of which is enclosed as Exhibit "A." Although the Property in its entirety is included for purposes of the Application, only the portion of the Property with an address of 2240 SW 13th Avenue (the "Subject Parcel") is being proposed for a comprehensive plan amendment and rezoning. The remaining Property along Coral Way will retain the same zoning classification and land use designation. As more fully outlined herein, the Owner desires to develop the Property with a mixed-use residential project. The approval of this Application will enable that development. The Property, which is located at the southwest intersection of SW 22nd Avenue ("Coral Way") and SW 13t Avenue, is approximately 0.6857 acres or 29,869 square feet in area. The portions of the Property fronting Coral Way are developed with a three (3) story office building MIADOCS 103213312 1500 Miami Center • 201 South Biscayne Boulevard, Miami, Florida 33131 • ph 305.358.6300 • fir 305.381.9982 • www.shutts.com MIAMI FORT LAUDERDALE WEST PALM BEACH ORLANDO TAMPA TALLAHASSEE AMSTERDAM Mr. Francisco Garcia February 20, 2015 Page 2 and a two (2) story commercial building, respectively. The Subject Parcel is utilized as a surface parking lot. Per Miami 21, the Subject Parcel is zoned T3-0. The Owner proposes a rezoning of the Subject Parcel from T3-0 to T4-0 pursuant to successional zoning requirements of Article 7.1.2.8 of Miami 21. The remaining Property along Coral Way will remain T6-8(0). The City's Future Land Use Map ("FLUM") designates the Subject Parcel as "Duplex Residential." The Owner proposes an amendment to the FLUM changing the land use of the Subject Property from "Duplex Residential" to "Low Density Restricted Commercial." The remaining Property along Coral Way will remain "Restricted Commercial." As mentioned above, the Property is located at the southwest intersection of Coral Way and SW 13t1i Avenue. Over the course of the past several years, Coral Way has seen a transformation from a commercial corridor to a revitalized mixed-use area, including the redevelopment of land with high-rise and mid -rise, mixed-use residential projects. The Owner wishes to continue that trend and proposes an 8 -story condominium with a total of 61 residential units and amenities, commercial space, and requisite parking. The ground floor fronting on SW 22nd Avenue and SW 13th Avenue will be activated with commercial/retail uses servicing the neighborhood. The 8 -story structure will be located solely within the portion of the Property currently zoned T6-8(0). The improvements located on the Subject Property (i.e., parking, low- rise residential units and amenities) will be developed in accordance with the T4-0 regulations, thus providing an appropriate buffer between the remainder of the Property zoned T6-8(0) and the property located to the west zoned T3-0. The Application is consistent with the City's vision for Coral Way as set forth in the Coral Way Beautification Master Plan. Generally, the vision identifies Coral Way as a place that provides a mix of living, working, shopping, and entertainment uses, and a place that provides a variety of housing for all income and age groups. Specifically, the Property is located within the "Center Zone," which is the area containing the most intense level of activity, determined by the larger buildings, the most opportunity for pedestrian activity and interaction, and the widest range of uses. The Center Zone contains many of the new high-rise and mid -rise buildings with ground floor commercial/retail space mentioned above. An analysis of the surrounding properties within a one-half mile radius of the Property, and more particularly the properties located on both sides of the street extending 300 feet from the Property, indicate that Coral Way is primarily zoned T6-8(0) and land use designated "Restricted Commercial" on the FLUM. There are a mixture of uses, including commercial/retail and mixed-use residential. See photos attached as Exhibit "B." To the north of Coral Way, certain properties are zoned T4, which provides an appropriate transition to the T3 residential areas further north. On the south side of Coral Way, the transition is lacking with T3- MIADOCS 10321331 2 1500 Miami Center • 201 South Biscayne Boulevard, Miami, Florida 33131 • ph 305.358.6300 • fx 305.381.9982 • wwwshutts.com MIAMI PORT LAUDERDALE WEST PALM BEACH ORLANDO TAMPA TALLAHASSEE AMSTERDAM Mr. Francisco Garcia February 20, 2015 Page 3 O immediately adjacent to the T6-8(0). To the east of the Property along SW 13th Avenue, the T6-8(0) extends beyond Coral Way south to the entire block. Therefore, unlike other T3-0 properties located behind the T6-8(0) areas of Coral Way, the Subject Property also lies adjacent to T6-8(0) along SW 13th Avenue. As shown below, because the Subject Property is uniquely situated behind and adjacent to T6-8(0), along both Coral Way and SW 13th Avenue, development of the Subject Parcel with uses currently permitted in T3-0 (i.e., single family/two- family residential) would not be feasible. ...................................... ...................................... .......................... The rezoning to T4-0, and the inclusion of the Subject Property for purposes of providing parking and amenities (along with additional low-rise residential units) to serve the principle development on the T6-8(0) portion, is consistent with general planning principles and the purpose and intent of Miami 21 (i.e., transitional zoning and the provisions of Sections 2.1). Because the improvements located on the Subject Property will be developed in accordance with the T4-0 regulations, there will be an appropriate buffer between the remainder of the Property zoned T6-8(0) and the property located to the west zoned T3-0. In addition to the limiting parameters of the T4-0, the Owner will provide additional buffering and landscaping adjacent to the T3-0 land. The Application is compatible with the following goals and objectives of the City's Comprehensive Plan: • Policy LU -1.1.7 — Land development regulations and policies will allow for the development and redevelopment of well-designed mixed-use neighborhoods that provide for the full range of residential, office, live/work spaces, neighborhood retail and commercial facilities in a walkable area that are amenable to a variety of transportation modes, including pedestrianism, bicycles, automobiles, and mass MIADOCS 103213312 1500 Miami Center • 201 South Biscayne Boulevard, Miami, Florida 33131 • ph 305.358.6300 • fx 305.381.9982 • www.shutts.com MIAMI FORT LAUDERDALE WEST PALM BEACH ORLANDO TAMPA TALLAHASSEE AMSTERDAM Mr. Francisco Garcia February 20, 2015 Page 4 transit • Policy LU -1.3.15 — The City will continue to encourage a development pattern that enhances existing neighborhoods by developing a balanced mix of uses including areas for employment, shopping, housing, and recreation in close proximity to each other. • Policy LU -1.4.3 — The City will continue to promote an active pedestrian sidewalk environment along the ground floor frontage of buildings on "pedestrian streets" though land development regulations. • Policy LU -1.6.9 — The City's land development regulations will establish mechanisms to mitigate the potentially adverse impacts of new development on existing neighborhoods through the development of appropriate transition standards and buffering requirements. • Policy HO -2.1 — Design and create pedestrian friendly environments and neighborhoods with varied housing prototypes and amenities catering to persons of diverse social, economic and cultural backgrounds, with a variety of urban housing types for persons of all income levels including those of extremely low, very low-, low-, and moderate -income households (in accordance with the current standards and regulations of HUD and the State of Florida) provided in a walkable, mixed-use, urban environment. By transitioning the zoning between the T6-8(0) and the T3-0, approval of the Application will facilitate the redevelopment of the Property with an appropriate mix and intensity of uses, while providing the necessary transition buffer. This transition minimizes land use conflicts with the adjacent residential area. As mentioned above, the Coral Way corridor has seen a redevelopment pattern that promotes a mixture of uses, including mixed-use residential projects. The approval of the Application will enable that trend to continue. We look forward to presenting this Application to the Planning, Zoning and Appeals Board with the City's favorable recommendation. In the meantime, if you have any questions or require anything further, please do not hesitate to contact me. MIADOCS 103213312 1500 Miami Center • 201 South Biscayne Boulevard, Miami, Florida 33131 • ph 305.358.6300 • fx 305.381.9982 • www.sliutts.com MIAMI FORT LAUDERDALE WEST PALM BEACH ORLANDO TAMPA TALLAHASSEE AMSTERDAM Mr. Francisco Garcia February 20, 2015 Page 5 Sincerely, Shutts & Bowen LLP Dizv—, David J. Coviello Enclosures cc: Mr. Americo D'Agostini Alexander I. Tachmes, Esq. MIADOCS 103213312 1500 Miami Center • 201 South Biscayne Boulevard, Miami, Florida 33131 • ph 305.358.6300 • fx 305.381.9982 • wwwshatts.com MIAMI FORT LAUDERDALE WEST PALM BEACH ORLANDO TAMPA TALLAHASSEE AMSTERDAM EXHIBIT A Unity of Title This instrument was prepared by and, after recording should be returned to: David J. Coviello, Esq. Shutts & Bowen LLP 201 South Biscayne Boulevard 1500 Miami Center Miami, Florida 33131 Folio Numbers: 01-4139-007-2731 01-4139-007-2520 01-4139-007-2530 UNITY OF TITLE )ace above reserved for Clerk WHEREAS, the undersigned, 1300 Coral Brickell LLC, a Delaware limited liability company ("Owner"), is the owner of the property legally described as: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF (the "Property"); and WHEREAS, the Owner recognizes and acknowledges that for the public health, welfare, safety or morals, the Property should not be divided into separate parcels owned by several owners so long as the same is put to the hereinafter use. THEREFORE, in consideration of the land use re -designation and re -zoning of 2240 SW 13th Avenue and for other good and valuable consideration, the Owner hereby agrees to restrict the Property as described more fully below. Title to the Property shall be considered as one plot and parcel of land and that no portion of the Property shall be sold, transferred, devised or assigned separately, except in its entirety. Notwithstanding anything contained in this Unity of Title to the contrary, nothing shall prevent, limit or restrict (i) the leasing and/or sub -leasing of portions of the Property from time to time to separate entities or persons nor the transfer of such leasehold and/or sub -leasehold estates, (ii) the granting of separate mortgages, or other similar encumbrances, (iii) the creation of a multiple unit condominium building on the Property, (iv) the sale and conveyance of any condominium units, or (v) the conveyance of any portion of the Property to a municipality or governmental entity for right-of-way purposes. THEREFORE, the Owner further agrees that the above conditions, restrictions and limitations shall be deemed as covenants running with the land and shall be recorded, at the Owner's expense, in the Public Records of Miami -Dade County, Florida. This Unity of Title shall remain in full force and effect and be binding upon the Owner, its heirs, successors, personal representatives and assigns and upon all mortgagees or lessees until such time as the same may be released or modified in writing by the City of Miami Zoning Administrator or his/her designated MIADOCS 10322884 1 representative in the event he or she determines the Unity of Title is no longer necessary for the purpose described herein, which release or modification shall not be unreasonably withheld. IN WITNESS WHEREOF, the Owner has signed this document on the day of January, 2015. Witness: Print Name: D,4111-0 Ga vt64A-y wanAac Print Name: STATE OF �1 Qr IJ 0 ) I)ss M COUNTY OF I " t d ) —bO 9' 1300 Coral Brickell LLC, a Delaware limited liability company By: q`b �! Name: AM � �A E �tOS Title: The foregoing i strument was acknowledged before me this 1 3 day of January, 2015, by FYI �• Os o TA V, of 1300 Coral Brickell LLC, a Delaware limited liability com a yn beh if of the company. He/ he is personally known to me or presented Ft of 1VU '� as identification. a -oo - -w-o NOT RY P�JBLIC, State of (i d Q Print Name: U-lbn r.rvacrt Commission No.: Commission Expires: (SEAL) ,•�" v'P"�.,, SUSAN C. MACET +piµ �= Notary Public - State of Florida •= My Comm. Expires Feb 11, 2016 Commission # EE 161755 ��� Bonded Through National Notary Assn, MIADOCS 103228841 Approved as to Legal Form and Correctness: Victoria Mendez, Esq., City Attorney Irene S. Hegedus, Zoning Administrator MIADOCS 10322884 1 Exhibit "A" Address: 1300 S.W. 22nd Street, Miami, FL 33145 Legal Description: Lots 1 Thru 4, Block 60, EAST SHENANDOAH, according to the Plat thereof as recorded in Plat Book 14, Page 55, of the Public Records of Miami -Dade County, Florida. Address: 1312 S.W. 22nd Street, Miami, FL 33145 Legal Description: Lots 5 Thru 6, Block 60, EAST SHENANDOAH, according to the Plat thereof as recorded in Plat Book 14, Page 55, of the Public Records of Miami -Dade County, Florida. Address: 2240 S.W. 13th Street, Miami, FL 33145 Legal Description: Lots 36 Thru 39, Block 60, Less the West 28 feet in Block 60, EAST SHENANDOAH, according to the Plat Book 14, Page 55, of the Public Records of Miami -Dade County, Florida. MIADOCS 10322884 1 EXHIBIT B Photos of Surrounding Properties All, HA - he View from SW 13th Avenue of adjacent property to east ! 4 ..�.' � ,} �1iS 4•N= t 6c, r'� j. 'f' i r♦ }t. 1. .v w �. w ,\ a I !� AVo;,for ilk,pk �41 -�'L • � • 't� �` �,1 dig , .•ice Orr i._ `-. • ��e�'"��.. ._.r ra"+1� '..w� .int ...•_ wlkkc 1F(d iiUJr ,�, mxsvi It" .. + ..J�k;r i(+�•``::�•-r c ,'�; +fig t • :-r`.. "'� + - �T F �:r� 5 s tri. s '� � ► ' '� �� �. ♦ � . ! •A + `+1 �� R • � �. •" ;fes% �� : MAW �• . rF 1 • t •. t! w • t . � ! t � rl -j A 41 00 4.11 { i �i �y • 41 1r �4 -"I A} �r 7 i� r SS ' • ' Tom.. ""'•..,�,i. r `-nli.:y,. - T • • i • r - y I�� �. , " ,� • t Ip • { • a 4�";� I v A. MEMO- momm—_7 (f - - — - Sw z �l ..\ 10A��`, ,► ;,�. GOO IC r �. �• 4 "��15Googlo 'tr i�\.. ..:Y 1'. .� �M� ImageryDate: 1/10/2014 25"45'01.97N 0012'50:41" y'! e ev Of'. COMPREHENSIVE PLANAPPLICATION PLANNING AND ZONING DEPARTMENT, HEARING BOARDS SECTION 444 SW 2nd Avenue, 3d Floor • Miami, Florida 33130 • Telephone 305-416-203Q www.miamigov.com/hearing boards r:'= Welcome to the City of Miami! This application is intended to serve as a guide in assistirsgyou';'' with our public hearing process. Please feel free to contact us, should you have any questions. There is no deadline to submit this application as it is presented semi-annually to the Plar&g,-_ - Zoning and Appeals Board and the City Commission. The application submittal date ishe'_' date stamped by Hearing Boards' staff on this pane. The responses to this application m t be typed and signed in black ink. All pertinent and accurate information/documentation; i.e., the plans, reports, exhibits, shall be presented at the time of filing, in addition to the paid receipt. The applicant is responsible for the accuracy of the information contained in the application and all supporting materials. Should you wish, you could bring the materials to our office for review prior to submittal to ensure completeness. You will be responsible, if needed, to bring an interpreter for the English language to any presentation before city boards, committees and the city commission. A valid power of attorney will be required if neither applicant or legal counsel representing the applicant execute the application or desire to make a presentation before city boards, committees and the city commission. All documents, reports, studies, exhibits (8'/2x11 ") or other materials submitted during this process will be kept as part of the record. Any documents offered to the Planning, Zoning and Appeals Board and the City Commission, which have not been provided fifteen (15) days before the meeting as part of the agenda materials will be entered into the record at the discretion of the aforementioned Board and Commission. ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE STATES THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. Ordinance No. 12918 states that each person or entity requesting approval, relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees regarding any issue, shall disclose at the commencement (or continuance) of the public hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, for an agreement to support or withhold objection to the requested approval, relief or action. The Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit included in this package must be submitted with the application. The applicant must, at the commencement of any public hearing on the issue, if there is any disclosure to report, read the disclosure into the record. Also, the applicant must supplement the affidavit if there is any new information or additional information to disclose. Copies of City Commission resolutions and ordinances can be obtained at our website through the "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360. COMPREHENSIVE PLANAPPLICATION Please refer to Section 62-31 of the Miami City Code for Comprehensive Plan information. Applicant(s): Santiago D. Echemendia, Esq. and David J. Coviello, Esq. on behalf of 1300 Coral Brickell LLC 2. Subject property address(es) and folio number(s): 2240 SW 13th Ave. (Folio No. 01-4139-007- 2731); 1300 SW 22nd St. (Folio No. 01-4139-007-2520); and 1312 SW 22nd St. (Folio No. 01-4139- 007-2530) 3. Present designation(s): Duplex Residential (2240 SW 13th Ave.) and Restricted Commercial (1300 & 1312 SW 22nd St.) 4. Future designation(s): Low Density Restricted Commercial (2240 SW 13 Ave.) 5. If the requested Land Use is approved, will a Rezoning be requested for consistency with the Zoning Atlas, per F.S. 163.3184(3)(e)? Yes If yes, please contact Planning at 305-416-1400. 6. Has the designation of this property been changed in the last year? If so, when? No 7. Do you own any other property within 200 feet of the subject property? No If yes, has the property been granted a Land Use Change within the last year? N/A 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. Rry 07 -?011 COMPREHENSIVE PLANAPPLICATION 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. 18. The subject property(ies) cannot have any open code enforcement/lien violations. 19. What is the acreage of the project/property site? Approx. 29,869 SF (0.6857 acre) 20. What is the purpose of this application/nature of proposed use? Amend Comprehensive Plan to allow development of mixed use residential building. 21. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning and Zoning Department on the 3 I 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 duration of the presentation in front of the: ❑ Planning, Zoning and Appeals Board 15 mins. and/or ❑ City Commission 15 mins. 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. Rev n7-9011 COMPREHENSIVE PLANAPPLICATION Signature 0 / Address 201 S. Biscayne Blvd., Suite 1500 Name David J. Coviello, Esq. Miami, FL 33131 Telephone 305-415-9437 E-mail dcoviello(o)shutts.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this day of January, 2015, by David J. Coviello who is a(n) individual/partneage t/c r oration of 1300 Coral Brickell LLC a(n) individual/partnership/corporation. He/She i ersonally known to me r who has produced as identification and who did (di no a _4� (Stamp) Sighatu SUSAN C. MACET W-lb'sAYPUNotary Public -State 0f Florida My Comm. Expires Feb 11, 2016 nc Commission # EE 161755 Banded Through National Notary Assn. Rev 07_?01 i 4 COMPREHENSIVE PLANAPPLICATION AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared David J. Coviello , 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, 0 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. David J. Coviello Applicant(s) Name OJO—E— Applicant(s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE I The foregoing was acknowledged befo e this l day of January, 2015, by David J. Coviello who is a(n) individual/partne a ent/c rporation of 1300 Coral Brickell LLC _ a(n) individual/partnership rporation He/She is rsonally known to _ -m-:0> or who has produced as identification and whofidid I no taKe an oath. (Stamp) SUSAN C. MD Signature �P`�Y pw` Notary Public - Stat • My Comm. Expires F;SCommission #r E�Bonded Through Nationa R rw 07-9011 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) 1300 Coral Brickell LLC Percentage of Ownership SC -C- ATTAc960 Z1l.{/r3;a „A a Subject Property Address(es) 2240 SW 13 Avenue and 1300, 1312 SW 22 Avenue (See attached Exhibit "A") 2. List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #1 above. Please supply additional lists, if necessary. Street Address(es): None Americo D'Agostini Owner(s) or Attorney Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Legal Description(s): The foregoing was acknowledged before me this 13 day of Tnnoo(WL 20 by Americo D'A ostini who is a(n) ' tvi air)tner/46-iriticorporation of a(n) individual/partnersht ratiHe/She is personally known to me or who has produced 1300 Coral Brickell LLC as identification and who did (did not) take an oath. FL -30 ✓ClrLiC•+ 2,22- 00S- 6 0 70L U `t;�P••, SUSAN C. MACET Signat re (Stamp) `��� Notary Public -State of Florida . = My Comm. Expires Feb 11, 2016 ��� �4 Commission # EE 161755 °� � �„�� Bonded Through National Notary Assn. EXHIBIT A 1300 CORAL BRICKELL, LLC Name of Member Initial Percentage Interest Emilia Giusti Roberto DiLanzo Patricia Giusti Maurizio DiLanzo MIADQCS 103274481 25.00 25.00 25.00 25.00 01/13/2015 11:41 9544366112 PETER M. LOPEZ, P.A. #2326 P.002 /014 State of Selawsre Secretary of State MVJ.Slcnof atL1 Dal ftered 01:.10 02125,12014 MW 1.2:50 PH 06/25/2014 SRV 140682443 - 5538078 CERTIFICATE OF FORMATION OF LIMITED LIABILITY COMPANY FIRST: The Warne of the limited liability company is 1300 CORAL BRICKELL, LLC SECOND: The address of its registered office in the State of Delaware is 2711 Centerville Road, Suite 400 Wilmington, Delaware 19808, County of New Castle. The name of its registered agent at such address is The Company Corporation. IN WITNESS WHEREOF, the undersigned has executed. this Certificate of Formation this 25th day of June, 2014. The Company Corporation, Organizer By: s/ WilUarn Bartz William Bartz Assistant Secretary THIS INSTRUMENT PREPARED BY: Peter M. Lopez, Esquire PETER M. LOPEZ, P.A. 1911 NW 150►" Avenue, Suite 201 Pembroke Pines, Florida 33028 Property Appraisers Parcel Identification (Folio) No.(s): (Reserved) WARRANTY DEED GFN 2014RO524640 OR Bk 29244 Fes 4306 - 4307; Qpss) RECORDED 07125/2014 15:37:39 DEED DOC TAX 181600.00 SURTAX 131950.00 HARVEY RUVINt CLERK OF COURT MIAMI -DACE COUNTY► FLORIDA THIS WARRANTY DEED, is made this 23 day of v , 2014, between FLAGLER PLAZA CENTER LLC, a Florida limited liability company, Aose post office address is 1110 Brickell Ave., #505, Miami, FL 33131 (the "Grantor") and 1300 CORAL BRICKELL LLC, a Delaware liXnited liability company, whose post office address is NGil 150 ,A,12 ZO�r ,K 10 2 /net, Fl. 33O (the "Grantee"). (Wherever used herein, the terms "Grantor" and "Grantee(s)" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable considerations to the Grantor in hand paid by the Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, that certain parcel of real property, situated, lying and being in Miami -Dade County, Florida (the "Property"), as follows: Lots 1, 2,3 and 4, Block 60, East Shenandoah, according to the map or plat thereof as recorded in Plat Book 14, page 55, of the Public Records of Miami -Dade County, Florida. AND Lots 5 and 6, Block 60, East Shenandoah, according to the map or plat thereof as recorded in Plat Book 14, page 55, of the Public Records of the Public Records of Miami -Dade County, Florida. AND Lots 36, 37, 38 and 39, less the West 28 feet thereof, Block 60, East Shenandoah, according to the map or plat thereof as recorded in Plat Book 14, page 55, of the Public Records of Miami -Dade County, Florida. Book29244/Page4306 CFN##20140524640 Page 1 of 2 OR2924.4 FG 4-307 1_ A PAGE This conveyance is subject to the following: 1. Taxes for the year 2014 and all subsequent years; 2. Conditions, restrictions, limitations, easements and all other matters of record without intent of reimposing same; 3. Restrictions and all other matters appearing on the Plat or otherwise common to the subdivision; and 4. Zoning, restrictions, prohibitions, regulations and other requirements imposed by governmental authority and the Grantor does hereby fully warrant the title to the Property, and will' defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in their names, the day and year first above written. Signed, sealed and delivered GRANTOR: in thepresence of: / FLAGLER PLAZA CENTER LLC, a Florida limited liability compan , :I,) & Pint : U z. By: -7 � AMERICO D'AGOSTINI, Manager Sign �t Name: l/, (& f) STATE OF FLORIDA ) )SS: COUNTY OF 0,4 `'J ) I HEREBY CERTIFY that the foregoing instrument was acknowledged before me this 23 day of , 2014, by AMERICO D'AGOSTINI, as Managet of FL ER PLAZA C , a Florida limited liability company, on behal he company, ho is personally own to me o who has produced as i ntificat.ion and w o did not take an oath. E,p 'ay PETER M. LOPEZ COMMISSION k EE 887581 7s. 1 EXPIRES: N%tch 7, 2017 Bonded Thio Notary Pubkc Underuftm P t Name: TARY PL of Serial No: My Commission Expires: Book29244/Page4307 CFN#20140524640 Page 2 of 2 gchedi le A Address: 1300 S.W. 22nd Street, Miami, FL 33145 Legal Description: Lots 1 Thru 4, Block 60, EAST SHENANDOAH, according to the Plat thereof as recorded in Plat Book 14, Page 55, of the Public Records of Miami -Dade County, Florida. Address• 1312 S.W. 22nd Street, Miami, FL 33145 Legal Description: Lots 5 Thru 6, Block 60, EAST SHENANDOAH, according to the Plat thereof as recorded in Plat Book 14, Page 55, of the Public Records of Miami -Dade County, Florida. Address: 2240 S.W. 13th Street, Miami, FL 33145 Legal Description: Lots 36 Thru 39, Block 60, Less the West 28 feet in Block 60, EAST SHENANDOAH, according to the Plat Book 14, Page 55, of the Public Records of Miami -Dade County, Florida. MIADOCS 10322768 1 Applicant Fields Information Application Type Public Hearing Application Sub -Type Land Use Application Name * 1300 Coral Brickell LLC Application Phone * 305-372-9202 Application Email * americodagostini@hotmail.com Application Address * 2240 SW 13 AVE; +^ SW 22 ST; 3312" T?_z2tT Contact Fields Information Contact Name * David J. Coviello, Esq. Contact Phone * 305-415-9437 Contact Email * dcoviello@shutts.com Local Govt. Name City of Miami Local Govt. Phone 305-416-1400 Local Govt. Email GDGay@ci.miarri.fl.us Local Govt. App. Number (OFFICIAL USE ONLY) Property Fields Information Master Folio Number * 01-4139-007-2731 Additional Folio Number 6t*t59-66:F i62 Total Acreage * approx. 14,976 SF (0.34 acre) Proposed Land Use/Zoning * Land Use/Zoning Low Density Rest. Comm. T4-0 Single -Family Detached Units * 0 Single -Family Attached Units (Duplex) * 0 Multi -Family Units * 17— Total # of Units * 1$., Redevelopment Information (MUSPs) - Re -development applications are for those vacant sites for which a local government has provided vested rights; or for an already improved property which does not have to be re -platted as deemed by the local government. The number of units to be input into the CMS is the net difference between the existing vested number of units and the newly proposed number of units. Example: an existing 20 -unit structure will be torn down for redevelopment. The newly proposed development calls for 40 total units. Local government shall input 20 units in the CMS (net difference between the 20 units vested less the newly proposed 4 units). Required Fields for Application David J. Coviello, Esq. Owner(s)/Attomey/Applicant Name Owner(s)/Attorney/Applicant Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this I day of_ / 20� 2 _, by David J. Coviell who is a(n) individuaUpart ent/c poration of G a(n )ndividual/partners ' corporatio He/She is ersona y own r who has pr duced as identification an o r did not) take an oath. _ 1- A- (Stamp) ,� �Y n''•.y SUSAN C. MACET Signature -; Notary Public - State of Florida My Comm. Expires Feb 11, 2016 Commission # EE 161755 Bonded Through National Notary Assn. pj-*O- 0_"= bx City of Miami i` Public School Concurrency Concurrency Management System Entered Requirements Applicant Fields Information Application Type Public Hearing Application Sub -Type Land Use Application Name * 1300 Coral Brickell LLC Application Phone * 305-372-9202 Application Email * americodagostini@hotmail.com Application Address * 2240 SW 13 AVE; +^ SW 22 ST; 3312" T?_z2tT Contact Fields Information Contact Name * David J. Coviello, Esq. Contact Phone * 305-415-9437 Contact Email * dcoviello@shutts.com Local Govt. Name City of Miami Local Govt. Phone 305-416-1400 Local Govt. Email GDGay@ci.miarri.fl.us Local Govt. App. Number (OFFICIAL USE ONLY) Property Fields Information Master Folio Number * 01-4139-007-2731 Additional Folio Number 6t*t59-66:F i62 Total Acreage * approx. 14,976 SF (0.34 acre) Proposed Land Use/Zoning * Land Use/Zoning Low Density Rest. Comm. T4-0 Single -Family Detached Units * 0 Single -Family Attached Units (Duplex) * 0 Multi -Family Units * 17— Total # of Units * 1$., Redevelopment Information (MUSPs) - Re -development applications are for those vacant sites for which a local government has provided vested rights; or for an already improved property which does not have to be re -platted as deemed by the local government. The number of units to be input into the CMS is the net difference between the existing vested number of units and the newly proposed number of units. Example: an existing 20 -unit structure will be torn down for redevelopment. The newly proposed development calls for 40 total units. Local government shall input 20 units in the CMS (net difference between the 20 units vested less the newly proposed 4 units). Required Fields for Application David J. Coviello, Esq. Owner(s)/Attomey/Applicant Name Owner(s)/Attorney/Applicant Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this I day of_ / 20� 2 _, by David J. Coviell who is a(n) individuaUpart ent/c poration of G a(n )ndividual/partners ' corporatio He/She is ersona y own r who has pr duced as identification an o r did not) take an oath. _ 1- A- (Stamp) ,� �Y n''•.y SUSAN C. MACET Signature -; Notary Public - State of Florida My Comm. Expires Feb 11, 2016 Commission # EE 161755 Bonded Through National Notary Assn. pj-*O- 0_"= bx 6-i of 1, 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: HOME ADDRESS: CITY: HOME PHONE: EMAIL: (First Name) (Middle) (Last Name) Address Line 1 (Address Line 2) STATE: Florida ZIP: CELL PHONE: BUSSINESS or APPLICANT or ENTITY NAME F". :4 1300 Coral Brickell LLC BUSINESS ADDRESS: c/o A & D Group Realty (Address Line 1) 1110 Brickell Ave., Suite 505, Miami, FL 33131 (Address Line 2) 1. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board, authority, agency, council, or committee. Approval of rezoning and comprehensive plan amendment for properties located at 2240 SW 13 AVE, 1300 SW 22 ST, and 1312 SW 22 ST. 2. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action? ❑ YES ❑X NO If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement. 3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. Name Address Phone# a. N/A b. C. * Additional names can be placed on a separate page attached to this form. 4. Please describe the nature of the consideration. N/A 5. Describe what is being requested in exchange for the consideration. N/A ACKNOWLEDGEMENT OF COMPLIANCE I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing disclosure requirement was not fully and timely satisfied the following may occur: 1. the application or order, as applicable, shall be deemed void without further force or effect; and 2. no application from any person or entity for the sa a issue shall be reviewed or considered by the applicable board(s) until expiration oa period of one year after the nullification of the application or order."66 `• PERSON SUBMITTING DISCLOSURE: QVU4 igna ure Americo D'Agostini Print Name Sworn to and subscribed before me this / day of (-j X)f20t�The foregoing instrument was acknowledged before me by �r2_�CA who has produced 'FLlw V LIC. b2aa' 005-0- !+0 as identification and/or is personally knaivn to me and who did/did not take an oath. STATE OF FLORIDA CITY OF MIAMI MY COMMISSION tary EXPIR. :,,•4,,,,_xSUSAN C. ACT C, C 444+'-, No Public •Florida Print Name Enclosure' . •? My Comm. Expires Feb 11, 2016 ��Commission N EE 161755 Page 2 Doc. No.:86543 /o; I I I I I LOT -7 BLOIX-60 I I I GRAPHIC SCALE S.W. ET 22nd. STRE-CORAL WAY_ -- — -- pa Naas,, dr pN Mp- �I IMIT,—I 53.00 ex rux - Its a6m r[xu. i LOT -36 Bax -69 I Loll, BLaCN-60 mos BLOLN-fiA 1 I I I L0T_3B BLOf}f-fi0 o.Y ! � -zap• - I i I I BLOCN�60 I I L A.z g 17®1 ALTA/ ACSM LAND TITLE SURVEY ISI I .I I I I I °'�'�pNIdP6rA�1 � 1 4xNFwelmAn41 —f —1— s - 1 II—r -i IeeWIMIp6.Aa� 16PpAldd7 I , I I i Jit ' I I 'rimepAm le L �J_ L -:L J 0 I 2 W I � a 1 1i FIs -.l _01 ATCAR 6vru `.9:W 23rd STREET_1U ibi —{sem----- -�---- o SURVEYOR'S NOTES I) The Leg.; Oncrpllm to the Prwa y.ns Mldned I om Till, Cammilmml p - E -1, w Fradem AI ErmmMmcaa OPW10N OFT E. 31 M Fs ,ilbn .I CA—A.enl jawed by OLD REPUBLIC NATIONAL TIRE INSURANCE CONT ANY Cmnm'Imml N.: P-2014-008532, .—ire date 05/07/2014 0 11 ED Ill. , s mode Iv Uesmm..e •s' detl me Sts. it m AUbFIF, This P.,", HP r, III— N Ne PAAilim U a�Fic«ims nPl zbv n`an IM s Y v mvy be laund a P. R vrds v Is C only' PPr a .me ih . The acIM use AlIbe I—, or clvs.MRetl in IM1e Minimum iechnkd mtlm N tls (-7-K ), is "Reza, -I 14gn ED) I The mmmum relall.e dW1 by resnvcy 1vr Id Ipe PI bwndary surnY 5 I Iml in 0.000 !eel Tie .ccvrocy oblvIs by meosuramenl and ubllm al v dvxd gN, bNt figure . imntl tv ,,b—diAis rep�irement. 5) Fwnddime and.t It.IMgs ihot Fry uoss beymtl the bwnduy lines of the grc8 Aa,in 'M_ eo std T are vol Moan 6) NO ailM1Aul sign,'', DT hd mymol raised sm1 PI v RnM. Licensed 9urseyr ma Vv Ad&lions i, deio. s Iv Dh msps a rryorta by P.ty than IAe signing Pmty m ZOANNe Pre INFORMATION N w1Aou1 mitten cmxnt PI lke sgneg pmlY or polies. -,A, CFsdDcden: I5-8 O (Cumm�cid NeghbuAotd Oiz!dd) $WIPP: City .I TIF , - T DII.I/ Al B) Budpng D.,D1 s rant = 10 feet/ Rem = 0 !eel / Slrml Sade = 10 !eel / elmu = 6 !eel 5) B.iw',g Ndglli Resirictipn = B alwbs (e.iSPA = 3 slake) 1• umber PIP kn.S. cn = 4 Slmdmtl bpm Dna ml, rel ,par 1) Une qgr— a ilp ,l 6 Amided ^me an^o Pmbt FIFI l AAAzi a m lw,, on ^Tia P r taffy Aare a.xrroee rwpr s b n gee .t In eviativn Ilan u'Iili1rcs shm ',. eon. !1) The smvepr don n1. 1 I otl/m ad PrmaMO ❑1 Caneob'pwT&Jk to O 'di OF OU19) Ty,, A , sl LTA" ACRM LAND IPE SURREY IS) AA Nmlh afore Noun . t sed m —.1 A. IFIT 'EAST SN.VANOOAN', .uwdivg ti, T, Pnl Iham uA ,,carded in Plvl Book 14, rI Pvge 55 e1 IT, Public Records v1 Ifiarni -1,, "Fiat 161 Hood — DdP: 1- 111,1 PmNe 1206593//0314/1 D.led: Smlember 11, 2009 AOA Zme "r' Tied F. = xeA 171 A"A IAI OF I. Fey sAtem o ,= of hi,hi,ml1 es named hereon 01.0-1, donN. 1.1 eslmtl Io any yrm d Pt r JOB 1111111WIR S, W. 22nd S r REET CORAL WAY QI ,252 23221 21120 91811)11611511 131211 Ito 6: 1 ells O1 C �O 26 27 I 2B r 29 30 31 i 32 ; 33 i 34 saw. 231:iD. '�rhEi r rya MLOCATIION MAP �DA No, PROPERTY ADDRESS: P1,11,1, Add -,131 -1311 61 22 91RFFT, 1/10.111, FLORIDA Ula t.< Fdly /01-413933-W7SA P6PO�u�IJBNrpW49q .1!313 91!,_007-Z7l1 LEGAL DESCRIPTION: Lots 1, 2 3 and 4, 81,ck 60, of -EAST SHENANDOAH"..cording to the pm, ot Ihol Pa recorded in Plot Book 14, Til Page 551 o ` the Public Rl A -Ards of MI. -Dodo Cour lye Florida LAts 5 and 6. Biock 60. of 'EAST SHENANECAH", --mg La the plAl thereof o. --Ad M Plat Bank 14, et Page 551 0l the P.bOa Records Af MI. -Dade County. Floritlo, AND Lots 36, 37, 38 and 3g, LESS the W,st 28 !eel t-b.l. AD— 60. of EAST SHENANDOAH", act .,ding I. the plat !hereat os recorded .n el 1 Book 14, al Page 551 A the F'I,, Rac.rdA .l Ml.mi-Dad. CAun(y. A Florid.. suis di, c i a p.rcel of ICnd FOTil Din ng 29,869 spun s !eel (0,68571/ ­res hi.- or eta) TITLE REVIEW NOTES: sn4ED.UE B - ZCR. e DOLE CDM r R DED D OLD REPTEELIC NA DRIL FTLE INAURAKCETOMPARY Camra I N 01-201A-1118517. M y 7 2014 0 11 00 PM Items l k.P..' F A Rest d' es 1 is dl L d IM1e Pu As ,ONANw r .ford m I — I4, A.055. Putt Ramat.1 TAF—m u v T.0 CW (I F, on (Dora ilea s.ekrl I -I, RWma RFD w D W J f - Cr p g o Q W� ; Q >-,F f It* 3m� �u 0 �9 z WLL J Z� 5 U< s a_ Do W S' d DRAWN to CHFCHEO PJ.A SCALE.I - 2.' FIELD DAR O6/95/J01� JOB No RP 14-433 SHEET' 1 OF SURVEYOR'S CERTIFICATE: THIS SURVEY CERTIFIED TO - FLACAER PLAZA CENTER. LLC. a F1.1idi, Llmied Liability C.mp.ny - LAW OFFICES OF PETER M. LOPEZ. P.A. - OLD REPUBLIC NATIONAL TIME INSURANCE COMPANY mit is to ,edify th., thio map or FIAT Dna the surv<F an wh1` h R is base. were rand, In Acc.raance .ID m. 2011 Minimum Slondara .-DI Reguiremenlx o ALTA/.CSMnndTIN,urreys S' pinlly LEGEND ,al.blished Tina Adopted by n`AicssAan L.na OU,, AIAD.. (ALTA) na U. NAR. 1 Society AT Pml,,.bn.I renew,,, (NSPS), On inmma.ae. nems 11. 2,3 6(0). 6(b), 7(.). 71b1). >(A), B, 0. 10. ry • .e.Nwx , .e Yg -GMeq Dew a AM c 'I W. t 7 20(.) and 20(b) .I T.ble 'A" I --f. Th y is bored An obii—tane and o .r redo ,race ®•men pme as m •wIe u m ern ces were ,,h e d . 1 f d An 06/05/204 Auda thbr rendNorma'on ow Ab<At (Tie t'mes IM1e aoa 1m fere, �,-�— rm rm.. ®•sm.,. y •••a mmm coo .T FIs An,mbdu—, Ar, da uThAb O.ea w th iM1 AT U a AT. bi.-msuneynr neea m m SAId , n.aeaa ,.pee ere T.rme tP , .a, of mAaA er a ge.n np o-4• , a.r.,r ho.. _ - Name, Lee F0'""", Pwme 4•ys been .,""heed to ROYAL POINT LAND RAT -1986 N LB No. 282 �rreoenr lee 4 agnl rde ,van tpI naemra m„ -roe xq�� x =•rMgnr� BNc•aeAmg ®-I'nd lulr=ueo.negl ma [memwl BY:___—_ IT - pNlo - ®-raMe 1. Bor IPI •Pollee gl =Oeark cern b, 3I xr�3Mrw PABLO J. ALFONSo. PFolessi n Su ager No. 5880 of Flnritlo a• O�onl. pot Par 0 =Trm6r Rq,d Pm @mr�paoe '"'""v"" 1,41 "ce•Iow r.• ORI, of Survey. O6/05/2011 Eb DA1e AI Laal ReWsion DM =Nmi :, zmxw rm@e6. NI =ur.nde`w Survey Performed By ROYAL FOINi SURVEYORS. INC. .[ 6ox I y dLA ST T 6 5 Nw 153, . fee - Soil< 321. Mi— I.—IF. Fl.rid. 3301. Phone; SU5-822-6062/ FF.: 305-027-9669 w D W J f - Cr p g o Q W� ; Q >-,F f It* 3m� �u 0 �9 z WLL J Z� 5 U< s a_ Do W S' d DRAWN to CHFCHEO PJ.A SCALE.I - 2.' FIELD DAR O6/95/J01� JOB No RP 14-433 SHEET' 1 OF