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Home My WebLink AboutApplication & Supporting Docs (Supplemental Materials October 16, 2017)akerman October 16, 2017 VIA HAND DELIVERY Olga Zamora, Chief City of Miami Hearing Boards Division 444 SW 211d Avenue 3'd Floor Miami, FL 33130 Jose Felix Diaz Akerman LLP Three Brickell City Centre 98 Southeast Seventh Street Suite 1100 Miami, FL 33131 D: 305 755 5828 T: 305 374 5600 F: 305 374 5095 jose.diaz@akerman.com RE: Supplemental Materials for WESTDALE WYNWOOD LP —Applications for Rezoning (File Id: 2695) & FLUM Amendment (File Id: 2696) Subject Properties: 221-291 NW 30t11 Street, 224-284 NW 31St Street, 3043 NW 3rd Ave & 3040 NW 2nd Ave Dear Chief Zamora: Akerman LLP (the "Firm") represents Westdale Wynwood, LP (the "Applicant") in the above - referenced applications submitted to Office of Hearing Boards on July 20, 2017 for companion applications for rezoning of the subject properties to T5 -L (south parcels) and T4 -L (north parcels) & FLUM amendment to Medium Density Restricted Commercial (north parcels) (the Applications"), and which are anticipated to be scheduled for a public hearing on the November 15th PZAB agenda. Over the past few months, our team has met on several occasions with the City of Miami Planning Department to discuss the pending Applications. Based on initial feedback and questions received from City's Planning Staff, the Applicant's team, including Cesar Garcia -Pons, AICP, has continued to study existing conditions in the surrounding neighborhood, engaged in community outreach and coordinated preparation of additional concept drawings & renderings by Perkins + Will, demonstrating compatibility of the proposed zoning atlas & FLUM designation for the subject properties with the surrounding existing/future conditions and the transition in scale within the immediate surrounding area. Enclosed herein please find: • One (1) set of supplemental concept drawings/renderings prepared by Perkins + Will, dated October 16, 2017. • Updated executed Power of Attorney identifying Jose Felix Diaz and Wesley J. Hevia, and Steven J. Wernick, attorneys at Akerman LLP, as authorized representatives on behalf of Westdale Wynwood LP, and identifying "Jose Felix Diaz, on behalf of Westdale Wynwood LP" to be the named Applicant representative for upcoming public hearing agendas. akerman.com 43088496;2 Page 2 of 2 October 16, 2017 • A Declaration of Restrictive Covenants prepared by this Firm on behalf of the Applicant, which further articulates the Applicant's commitment to ensuring future use and development of the subject properties is compatible with the residential character of the neighborhood. Please incorporate these supplemental materials into the Applications. Additionally, any future correspondence with respect to these Applications should be directed to: Jose Felix Diaz, Esq. Akerman LLP 98 SE 711 Street 11 th Floor Miami, FL 33131 Note that the nature of the requests for zoning and FLUM designation in the above -referenced Applications has not changed, and the enclosed materials should be considered as supplemental to the complete applications pending for consideration for staff recommendation and presentation at public hearings to PZAB and City Commission. Thank you. Sincerely, C Jose elix Diaz for Akerman LLP 43088496;2 DRAFT This instrument prepared by and when recorded returned to: Esq. Akerman LLP Three Brickell City Centre 98 Southeast Seventh Street Miami, FL 33131 (Space Above For Recorder's Use Only) DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (this "Declaration") is made this day of , 201_, by WESTDALE WYNWOOD LP, a Texas limited partnership (hereinafter, the "Owner"), in favor of the City of Miami, Florida, a municipality located within the State of Florida (the "City"). WITNESSETH: WHEREAS, the Owner holds fee simple title to that certain real property located at 224-284 NW 31 Street, 3043 NW 3 Avenue, and the western portion of 3040 NW 2 Avenue in Miami, Florida, as more particularly described in Exhibit "A" (the "North Parcels"), and that certain real property located at 221- 291 NW 30 Street, Miami, Florida, as more particularly described in Exhibit "A" (the "South Parcels", collectively with the North Parcels referred to as the "Subject Property"); WHEREAS, on July 20, 2017, the Owner filed applications with the City's Planning and Zoning Department related to the future land use and zoning classifications of the Property to effectuate efficient and appropriate use, density, and future redevelopment of the Subject Property as a multi -family residential development, including an application to amend the City's Zoning Atlas for the North Parcels from T3-0 to T4 -L, and to amend the City's Zoning Atlas for the South Parcels from T4 -L to T5 -L (the "Application"); and WHEREAS, the Application is consistent with the City's Comprehensive Neighborhood Plan and facilitates additional multi -family residential development with a mix of unit types and sizes, and improvement in the quality of housing stock in the surrounding neighborhood; and WHEREAS, the City's Planning Department prepared a staff report recommending approval of the Application; and WHEREAS, on 201, the Planning, Zoning and Appeals Board recommended approval of the Application (_-�, pursuant to Resolution PZAB-R- ; and WHEREAS, on 201_, the City Commission on first reading of the ordinance, reviewed the Application, and voted affirmatively to approve the Application; and WHEREAS, on 201_, on second reading, the City Commission approved the Application for amendment to the City's Zoning Atlas, as being Consistent with the criteria contained in Article 7.1.2.8 of the City of Miami Zoning Code ("Miami 21 Code"), pursuant to Ordinance No. , attached hereto and made a part hereof as Exhibit "B"; and 42894953;6 43113820;1 WHEREAS, the Owner desires to ensure that any future use and/or development of the Subject Property is compatible with both the current and future conditions of the surrounding neighborhood. NOW THEREFORE, the Owner, in order to assure the City that the representations made to the City will be abided by the Owner, its successors or assigns, freely, voluntarily and without duress makes the following covenants covering and running with the Subject Property: 1. Recitals. The foregoing recitals are true and correct and incorporated herein by reference. 2. Covenants Against the Subject Property. The Owner hereby declares the following restrictions against the Subject Property: a. The Subject Property shall be treated as a unified development site, to be developed in one or more phases consistent with concept plan for multi -family residential development with a mix of unit sizes, on-site parking and community amenities, and limited commercial uses along the ground floor of NW 301' Street, and subject to a recorded Unity of Title or Covenant in Lieu of Unity of Title, pursuant to Article 7 of the Miami 21 Code. Any material changes to the concept plan must be reviewed and approved by Exception by the Planning Zoning and Appeals Board. b. Development on the North Parcels shall not exceed a maximum Height of Three (3) Stories and 40 feet and will incorporate architectural elements consistent with existing structures in the neighborhood, including but not limited to Spanish Mission and Mediterranean Revival. C. Owner shall, in future development of the Subject Property, reserve a minimum of ten (10) multi -family residential dwelling units, at a mix of unit sizes, as Workforce Housing, as defined in Article 1.2 Definitions of Miami 21 Code. In the event the City of Miami Zoning Atlas or Miami 21 Code is amended to allow the North Parcels or South Parcels or any properties abutting the North Parcels or South Parcels, respectively, to exceed the current maximum Height or maximum permitted Density, by right or through a special permit or use of a public benefits program or other bonus Height mechanism made available through the Miami 21 Code, the purpose of this Declaration shall no longer exist and the City shall, upon Owner's written request, agree to the release of this Declaration consistent with the procedures set forth in Section 6 herein. 3. Effective Date. This Declaration shall constitute a covenant running with the title to the Subject Property and be binding upon Owner, its successors, heirs, and assigns upon recordation in the Public Records of Miami -Dade County, Florida. These restrictions shall be for the benefit of, and a limitation upon, all present and future owners of the Subject Property and for the public welfare. 4. Term of Covenant. This Declaration on the part of the Owner shall remain in full force and effect and shall be binding upon the Owner of the Subject Property, its successors in interest and assigns for an initial period of thirty (30) years from the date this instrument is recorded in the public records and shall be automatically extended for successive periods of ten (10) years, unless modified, amended or released prior to the expiration thereof. 5. Inspection and Enforcement. It is understood and agreed that any official inspector of the City of Miami may have the right at any time during normal working hours to enter upon the Subject Property 2 42894953;6 43113820;1 for the purpose of investigating the use of the Subject Property, and for determining whether the conditions of this Declaration and the requirements of the City's building and zoning regulations are being complied with. An action to enforce the terms and conditions of this Declaration may be brought by the City and may be by action at law or in equity against any party or person violating or attempting to violate any covenants of this Declaration or provisions of the building and zoning regulations, either to restrain violations or to recover damages. This enforcement provision shall be in addition to any other remedies available under the law. 6. Amendment and Modification. This instrument may be modified, amended or released as to any portion of the Subject Property by a written instrument executed by the owner(s) of the fee -simple title to the Subject Property to be effected by such amendment, modification, or release and the City with the approval by the City Commission at a public hearing, which public hearing shall be applied for by, and be at the expense of the Owner. 7. Severability. Invalidation of any one of these covenants by judgment of Court shall not affect any of the other provisions of this Declaration, which shall remain in full force and effect. 8. Recording. This Declaration shall be filed of record among the Public Records of Miami -Dade County, Florida, at the cost of the Owner. The Owner shall submit a recorded copy to the Zoning Administrator at 444 SW 2°d Avenue, 4th Floor, Miami, Fl., 33130-1910 within thirty (30) days of recordation. [ Signature Page Follows ] 42894953;6 43113820;1 DRAFT IN WITNESS WHEREOF, the Owner has set his hand and seal effective of the date first above written. WITNESSES: Print Name: Print Name: STATE OF COUNTY OF WESTDALE WYNWOOD LP, a Texas limited partnership By: Name: Title: The foregoing instrument was executed, acknowledged and delivered before me this day of , 2017, by , as of Westdale Wynwood LP, a Texas limited partnership on behalf of the company. He/She is personally known to me or has produced as identification. (Official Seal) APPROVED AS TO LEGAL FORM AND CORRECTNESS: OFFICE OF THE CITY ATTORNEY By:_ Printed: 42894953;6 43113820;1 Name: Notary Public, State of Texas My Commission Number: _ My Commission Expires: APPROVED ZONING ADMINISTRATOR By: Printed: r, I y Exhibit "A" Legal Description North Parcels Lot 3, Block 19, of NORTHERN BOULEVARD TRACT, according to the Plat thereof, as recorded in Plat Book 2, Page 29 of the Public Records of Miami -Dade County, Florida. TOGETHER WITH Lots 1 through 9, inclusive, Block 17, of WYNWOOD PARK, according to the Plat thereof, as recorded in Plat Book 5, Page 23 of the Public Records of Miami -Dade County, Florida. South Parcels Lot 4, Block 19, of NORTHERN BOULEVARD TRACT, according to the Plat thereof, as recorded in Plat Book 2, Page 29 of the Public Records of Miami -Dade County, Florida. TOGETHER WITH Lots 10 through 18, inclusive, Block 17, of WYNWOOD PARK, according to the Plat thereof, as recorded in Plat Book 5, Page 23 of the Public Records of Miami -Dade County, Florida. 42894953;6 43113820;1 Exhibit "B" Ordinance No. [See Attached] 42894953;6 43113820;1 Exhibit "C" Concept Plans [See Attached] 42894953;6 43113820;1 WESTDALE ASSEMBLAGE // JULY 20,2017 (SUBMITTED) WESTDALE ASSEMBLAGE P E R K I N S + W I L L NW 31ST ST OCTOBER 16, 2017 (REVISED) NW 31ST ST NW 30TH ST NVr2ND AVE TO MIA E YOUNG MEN'S - C.__, PREPARATORY ACADEMY - JOSE DIEGO u M4DDLE SCHOOL ENEIDA M- HARTNER - ELEMENTARY SCHOOL Rlll WYNWOOD LEGEND SITE LOCATION ��iL—-�.,�'•M - • • NRDIWYNWOOD BOUNDARY JLJ 'IJ JJ LLL��JJJ � J �� • - •y MIDTOWN BOUNDARY I_ � '� • _ i ❑�� OMNE CRA BOUNDARY SEOPW CRA BOUNDARY 0 MIAMI DDA BOUNDARY n 0 u e r I�' SCHOOLS LOCATION F7—--� - - — • TROLLEY WYNWOOD ROUTE •� TROLLEY STOPS e BUS ROUTES ' • BUS STOPS 'T•. _ • i p. MUNICIPAL PARK BOUNDARY -TO JAi,fKSON� 1 WESTDALE ASSEMBLAGE H SITE CONTEXT P E R K I N S + W I L L MIDTOWN M! BEACH - _ `` N 1:1000 0' 500' 1000' 1500' 2500' JULY 20, 2017 `�2 r a A z z 0 0 m W J C._ 7 SITE LOCATION 112 MILE BOUNDARY 1-195 N WESTDALE ASSEMBLAGE H SITE CONTEXT H AERIAL 1.600 P E R K I N S+ W I L L 0, 300' 600, 900, 1500, ' JULY 20, 2017 ,/ a C:_ I SITE LOCATION ® NRDIWYNWOOD BOUNDARY —� 195 ►7 WESTDALE ASSEMBLAGE H SITE CONTEXT H EXISTING ZONING __ P E R K I N S + W I L L 4 tIrim f r ■■ '1■L 9 IU auk Ai 1 moll, ---Ii 0' 300' 600' 900` 1500' JULY 20, 2017 /4 �'L inF-1 WFI =.:2-- =_W-am� P41 30TH ST ^r NW 29TH ST T't 111 LEGEND ---- [... ] SITE LOCATION - WESTDALE ASSEMBLAGE H SITE CONTEXT H PROPERTY PHOTOS -MAP P E R K I N S + W I L L I N 0' 150' 300' 450' 750' JULY 20, 2017 `,5 NW 30TH ST OVERALL STREET VIEW Looking East OVERALL STREET VIEW Looking West 275 NW 30 ST Miami, FL 33127-3730 WYNDWOOD PARK 269 NW 30 ST Miami, FL 33127-3772 WYNDWOOD PARK 267 NW 30 ST Miami, FL 33127-3730 WYNDWOOD PARK 291 NW 30 ST Miami, FL 33127-3730 WYNDWOOD PARK 251 NW 30 ST Miami, FL 33127-3758 WYNDWOOD PARK 237 NW 30 ST Miami, FL 33127-3791 WYNDWOOD PARK 229 NW 30 ST Miami, FL 33127-3730 WYNDWOOD PARK 221 NW 30 ST Miami, FL 33127-3760 NORTHERN BLVD TR 213 NW 30 ST Miami, FL 33127-3730 NORTHERN BLVD TR WESTDALE ASSEMBLAGE // SITE CONTEXT // PROPERTY PHOTOS -NW 30 ST P E R K I N S + W I L L 285 NW 30 ST Miami, FL 33127-3945 WYNDWOOD PARK 243 NW 30 ST Miami, FL 33127-3730 WYNDWOOD PARK 3000 NW 2 AVE Miami, FL 33127-3720 NORTHERN BLVD TR J U LY 20, 2017 / 6 NW 2ND AVE OVERALL STREET VIEW Looking North 3000 NW 2 AVE Miami, FL 33127-3720 NORTHERN BLVD TR 3000 NW 2 AVE Miami, FL 33127-3720 NORTHERN BLVD TR 3040 NW 2 AVE Miami, FL 33127-3700 NORTHERN BLVD TR 3040 NW 2 AVE Miami, FL 33127-3700 NORTHERN BLVD TR NW 3RD AVE OVERALL STREET VIEW 3043 NW 3 AVE Miami, FL 33127-3723 WYNDWOOD PARK 3043 NW 3 AVE Miami, FL 33127-3723 WYNDWOOD PARK 291 NW 30 ST Miami, FL 33127-3730 WYNDWOOD PARK i no 291 NW 30 ST Miami, FL 33127-3730 WYNDWOOD PARK WESTDALE ASSEMBLAGE // SITE CONTEXT // PROPERTY PHOTOS -NW 2 & 3 AVES P E R K I N S + W I L L JULY 20, 2017/7 NW 31ST ST OVERALL STREET VIEW Looking West OVERALL STREET VIEW Looking East 3040 NW 2 AVE Miami, FL 33127-3700 224 NW 31 ST Miami, FL 33127-3738 NORTHERN BLVD TR WYNDWOOD PARK 234 NW 31 ST Miami, FL 33127-3738 WYNDWOOD PARK 244 NW 31 ST Miami, FL 33127-3790 WYNDWOOD PARK 262 NW 31 ST Miami, FL 33127-3738 WYNDWOOD PARK 268 NW 31 ST Miami, FL 33127-3738 WYNDWOOD PARK 276 NW 31 ST Miami, FL 33127-3738 WYNDWOOD PARK 284 NW 31 ST Miami, FL 33127-3738 WYNDWOOD PARK WESTDALE ASSEMBLAGE // SITE CONTEXT // PROPERTY PHOTOS -NW 31 ST P E R K I N S + W I L L 252 NW 31 ST Miami, FL 33127-3738 WYNDWOOD PARK 3043 NW 3 AVE Miami, FL 33127-3723 WYNDWOOD PARK J U LY 20, 2017 / 8 C 1 112 MILE BOUNDARY I 1-95 NW 34.57 UNITSIACRE LEGEND ,I HIGH DENSITY UNITS '1\, SITE LOCATION 1 ® NRDIWYNWOOO BOUNDARY _ MIDTOWN BOUNDARY 1-195 NW 36TH ST 29.80 UNITS/ACRE 73-1) BOUNDARY ----------------- 35TH S'----------- T3.0 BOUNDARY --- __ _ _ _ _e e e e e e e aiiiiii.iii. %A i 58.08 UNITSIACRE - / SLa 89.70 UNITSfACRE Li NW 32ND ST N JOWW40.33 UNITSIACRE I #W -31ST -ST -----------r . .,. ki- �----------------- S/ACRE _S rimTiT7m—i am e, rrr i76i f _ ---- -------- �f W ------7777-7 —EK_ NW 34TH ST a 4709 UNITSIACRE g z 43.56 UNITSIACRE WESTDALE ASSEMBLAGE H CONTEXT DENSITY H NEIGHBORHOOD DENSITY -MAP P E R K I N S + W I L L no 0' 150' 300' 450' 750' JULY 20, 2017 N 06N 4 ►, 9 #1441 69 NW 35 ST Miami, FL 33127-3536 LOT (sf): 4,750 UNITS: 4 DENSITY (un/ac): 36.68 #1395 219 NW 35 ST Miami, FL 3127-3438 LOT (sf): 9,500 UNITS: 6 DENSITY (un/ac): 27.51 #1394 261 NW 35 ST Miami, FL 3127-3438 LOT (sf): 9,964 UNITS: 6 DENSITY (un/ac): 26.23 #1401 3500 NW 3 AVE Miami, FL 33127-3148 LOT (sf): 6,950 UNITS: 8 DENSITY (un/ac): 50.14 #1404 345 NW 35 ST Miami, FL 33127-3444 LOT (sf): 6,950 UNITS: 6 DENSITY (un/ac): 37.61 #1422 500 NW 36 ST Miami, FL 3127-3136 LOT (sf): 63,464 UNITS: 179 DENSITY (un/ac): 122.86 lwm [q q n e T a T, u ngtq� �n+� n �nlyti,,.,,p �y,ore T� #1416 574 NW 35 ST MIAMI, FL 33127 LOT (sf): 6.900 UNITS: 4 DENSITY (un/ad: 25.25 #1414 532 NW 35 ST Miami, FL 33127-3450 LOT (sf): 6,900 UNITS: 11 DENSITY (un/ac): 69.44 #1410 500 NW 35 ST Miami, FL 33127-3464 #1412 3430 NW 5 AVE Miami, FL 33127-3484 LOT (sf): 7,424 UNITS: 4 DENSITY (un/ac): 23.47 #1408 440 NW 35 ST Miami, FL 3127-3448 LOT (sf): 8,932 UNITS: 5 DENSITY (un/ac): 24.38 #1406 420 NW 35 ST Miami, FL 3127-3467 LOT (sf): 6,900 UNITS: 8 DENSITY (un/ac): 50.50 - - - I mlriijlliljl¶�I�I�f�lllllhi #1403 332 NW 35 ST Miami, FL 3127-3443 LOT (sf): 6,900 UNITS: 4 DENSITY (un/ac): 25.25 #1432 251 NW 34 TER Miami, FL 33127-3474 LOT (sf): 5,000 UNITS: 4 DENSITY (un/ac): 34.85 #1436 136 NW 35 ST Miami, FL 3127-3541 LOT (sf): 4,750 UNITS: 4 DENSITY (un/ac): 36.68 WESTDALE ASSEMBLAGE // SITE CONTEXT // NEIGHBORHOOD DENSITY -PROPERTIES DENOTES EXISTING, NON -CONFORMING ❑ T3 PROPERTIES P E R K I N S+ W I L L JULY 20, 2017/10 #1433 104 NW 35 ST MIAMI, FL 3127-3520 LOT (sf): 5,455 UNITS: 3 DENSITY (un/ac): 23.96 #1438 70 NW 35 ST Miami, FL 33127-3518 LOT (sf): 19,000 UNITS: 13 DENSITY (un/ac): 29.80 #1439 46 NW 35 ST Miami, FL 33127-3540 LOT (sf): 5,000 UNITS: 4 DENSITY (un/ac): 34.85 #1419 543 NW 34 ST Miami, FL 33127-3454 LOT (sf): 7,150 UNITS: 8 DENSITY (un/ac): 48.74 #1485 153 NW 29 ST Miami, FL 33127-3943 LOT (sf): 6,900 UNITS: 10 DENSITY (un/ac): 63.13 #1300 3333 NW 5 AVE Miami, FL 33127-3461 LOT (sf): 24,157 UNITS: 22 DENSITY (un/ac): 39.67 #1310 3320 NW 2 AVE Miami, FL 33127-3531 LOT (sf): 6,000 UNITS: 6 DENSITY (un/ac): 43.56 #1425 3429 NW 5 AVE Miami, FL 33127-3485 LOT (sf): 7,250 UNITS: 6 DENSITY (un/ac): 36.05 #1288 151 NW 33 ST Miami, FL 33127-3539 LOT (sf): 5,000 UNITS: 4 DENSITY (un/ac): 34.85 #F1Ct54 3302 NW 2 AVE Miami, FL 33127-3531 LOT (sf): 5,000 UNITS: 14 DENSITY (un/ac): 121.97 WESTDALE ASSEMBLAGE // SITE CONTEXT // NEIGHBORHOOD DENSITY -PROPERTIES DENOTES EXISTING, NON -CONFORMING❑ T3 PROPERTIES P E R K I N S + W I L L JULY 20, 2017/11 #1466 584 NW 30 ST Miami, FL 33127-3798 LOT (sf): 6,350 UNITS: 4 DENSITY (un/ac): 27.44 »ac00 28 NW 32 ST Miami, FL 33127-3782 LOT (sf): 10,000 UNITS: 10 DENSITY (un/ac): 43.56 M V• D50 NW 30 ST Miami, FL 33127-3764 #1455 3137 NW 5 AVE Miami, FL 33127-3752 LOT (sf): 7,200 UNITS: 6 DENSITY (un/ac): 36.30 3101 NW 5 AVE Miami, FL 33127-3770 LOT (sf): 17,280 UNITS: 16 DENSITY (un/ac): 40.33 3000 NW 3 AVE Miami, FL 33127-3724 LOT (sf): 43,200 UNITS: 70 DENSITY (un/ac): 70.58 481 NW 30 ST Miami, FL 33127-3755 LOT (sf): 10,080 UNITS: 8 DENSITY (un/ac): 34.57 #1460 501 NW 30 ST Miami, FL 33127-3754 LOT (sf): 10,010 UNITS: 8 DENSITY (un/ac): 34.81 �� J WESTDALE ASSEMBLAGE // SITE CONTEXT // NEIGHBORHOOD DENSITY -PROPERTIES DENOTES EXISTING, NON -CONFORMING❑ T3 PROPERTIES P E R K I N S+ W I L L JULY 20, 2017/12 PARCEL #1 (T5.0) Lot Area: 28,597T(0.65 acres) Lot Coverage Allowed: 80% max. (22,850 sf) Floor Lot Ratio: N/A Frontage at front Setback: 70% min. Open Space Required: 10% min. (2,856 sf) Density Allowed: 65 units/acre Max. Residential Units Allowed: 42u Height: 5 stories max. PARCEL #2 (T5 -L) Lot Are�3a ,7E1—sf (1.69 acres) w Lot Coverage Allowed: 80 % max. (58,976 sf) Z Floor Lot Ratio: N/A w Frontage at front Setback: 70% min. Open Space Required: 10% min. (7,732 sf)oe Density Allowed: 65unitsiacre Max. Residential units allowed: 110u Height: 5 z stories max. PARCEL #3 (T4 -L) of F577a: ,836 s�(1.695 acres) Lot Coverage Allowed: 60 % max. (44,302 sf) Floor Lot Ratio: N/A Frontage at front Setback: 50% min. Open Space Required: 15% min. (11,075 sf) Density Allowed: 36 units/acre Max. Residential units allowed: 61u Height: 3 stories max. PARKING REQUIREMENTS: T4 Residential: 1.5 parking spaces/unit M Commercial: 3/1000 sf T5 F�esidential: 1.5 parking spaces/units Visitors: 10% of parking spaces Commercial: 3/1000 sf NW 31 ST STREET EE= NW 30TH STREET WESTDALE ASSEMBLAGE // PROPERTY // PROPOSED ZONING W/ CRITERIA P E R K I N S + W I L L NW 31ST STREET L — NW 30TH STREET LINE — JULY 20, 2017/ 13 PARCEL #1 (T5-0) Lot Area: 28,536 at (0.65 acres) Lot Coverage Provided: 80% max. (22,859 sQ Floor Lot Ratio: NIA Frontage at Front Setback: 70% min. Open Space Provided: 10% min. (2,856 sQ Density Allowed: 65 unitslacre Max. Residential units: 42u Residential Units provided: 0 (See T51) Height: 5 stories max - PARCEL #2 (T5 -L) Lot Area: 73,720 at It fig acres) Lot Coverage Provided: 80% max. (58,976 sf Floor Lot Ratio: NIA Frontage at Front Setback: 70% min. Open Space Provided: 10% min. (7,372 st) Density Allowed: 65 unitslacre Max. Residential units allowed: 110u Residential Units provided: 153 units 7 Height: 5 stories max - c 4 r PARCEL #3(T4 -L) Lot Area: 73,836 at (1 695 acres) Lot Coverage Allowed: 60% max. (44, 302 so Lot Coverage Provided: 48,950 si = 65% Floor Lot Rate: NIA .7 Frontage at Front Setback: 50% min. Open Space Provided: 15% min. (11,075 sf) Density Allowed: 36 unitslacre Max. Residential units allowed: 61 u Residential Units provided: 66 units Height: 3 stories max. PARKING REQUIRED: 575 spaces With 30% Reduction: 483 spaces With 35% Reduction. 374 spaces With 50% Reduction: 288 spaces I�"i �� '- I'i'i- -- • .., .0 -USE IND: RETAIL R LEVELS: OFFICE A PART) WESTDALE ASSEMBLAGE // PROPERTY // PROPOSED SITE PLAN P E R K I N S + W I L L n a� OCTOBER 5, 2017 / 14 PARCEL #2 (T5 -L) O� PARCEL#1 (T5-0) Lot Area: {0.65 auras} Lot Coverageage Provided, ded: 80 % max. {22,850 so �0 Floor Lot Ratio: NIA BE HOSTOS Frontage at Front Setback: 70% min. BACARDI Open Space Provided: 10% min. (2,856 so BUILBING Density Allowed: 65 unitsfacre Max. Residential Residential Units provided: 0 (See T5 -L) provided: Height: 5 stories max. PARCEL #2 (T5 -L) Lot Area: 73,720 st (1 69 acres) Lot Coverage Provided: 80% max. (58,976 so BE HOSTOS Floor Lot Ratio: N/A SENIOR CENTER Frontage at Front Setback: 70% min. Open Space Provided: 10% min. (7,372 s Density Allowed: 65 unilsfacre Max. Residential units allowed: 110u Residential Units provided: 153 units Height: 5 stories max. PARCEL #31T41 Lot Area: 13,836 st (1.695 acres) "M" '"x2. ;t l Lot Coverage Allowed. 60% max_ (44,302 s1) Lot Coverage Provided: 48,950 at=65% THE BUILDING L ✓ Floor Lot Ratio: N/A,- / Frontage at Front Setback: 50% min. 1 Open Space Provided: 15% min. (11,075 sf) Density Alowed: 36 unllsfacro,, T5.0 Max. Residential units allowed: 61u � Residential Units provided:60 uniL�\\\ /J eight: 3 stories max. w PARKING REQUIRED: 575 spaces 4�y - With 30% Reduction: 403 spaces 3� -With 35% Reduction: 374 spaces .ate - With 50% Reduction: 288 spaces YOUNG MEN'S PREPARATORY ACADEMY 5� Q� ,<O Q - / / / WYNWDOD ELDERLY (P SAN )DAN BAUTISTA CATHOLIC CHURCH WESTDALE ASSEMBLAGE // PROPERTY // PROPOSED MASSING DIAGRAM PER KINS+WILL ti 9 T C'y�OFpFo�J` OCTOBER 5, 2017 / 15 � 1 't .' H+•j4 di '+f Y l « � ♦ r 0 L 3- s v. r x�� 1 t r. _+ -.'Q . �F+ i 4,,,� • a c r,- g -X: ,{�l•` 4fv _ - K :R 3A Y. ''ck .Y"i ,,t' ;,:h,• vii; E. - :. dA. "" "' e �A a "t ✓ a o o �_� I � . rA iv Ilk a � Y w ,y,.��,_ -- a,rr"',"z�,�ii;, r. � "'2.-�.. _� _ _ .G� ��__'�-- �:-� --- -- - `�=•--��-u-. - � �ta:.:Y�� tI. .rte-2_=� _ - '—, e i = Qegii a # - kr 11, it ��►i'�/'�� .�' k' ?'fly, w �_'`�� F .. WRITTEN CONSENT OF SOLE GENERAL PARTNER OF WESTDALE WYNWOOD, LP The undersigned, the sole general partner (the "General Partner") of Westdale Wynwood, LP, a Texas limited partnership (the "Partnership"), does hereby consent and agree to the adoption of, and does hereby adopt, the following resolutions of the Partnership in lieu of holding a meeting, and directs that these resolutions be filed in the records of the Partnership: WHEREAS, the General Partner deems it advisable and in the best interests of the Partnership for the Partnership to grant Steve J. Wernick, Jose F. Diaz, and Wesley J. Hevia a power of attorney pursuant to that certain Power of Attorney attached hereto as Exhibit A (the "Power of Attorney"). NOW THEREFORE, BE IT RESOLVED, that the Power of Attorney is hereby authorized, approved, adopted, confirmed and ratified in all respect; FURTHER RESOLVED, that any officer or other authorized person of the Partnership, the General Partner, JGB Ventures I, Ltd., a Texas limited partnership and the sole general partner of the General Partner ("JGB Ventures"), and/or JGB Holdings, Inc., a Texas corporation and the sole general partner of JGB Ventures ("JGB Holdings"), including, without limitation, any Chief Executive Officer, Chief Financial Officer, Vice President, Secretary or Treasurer (each being referred to herein as an "Authorized Person"), acting alone, be and hereby is, authorized and empowered to execute and deliver on behalf of the Partnership any and all agreements, instruments, certificates or documents necessary to consummate or effectuate the Power of Attorney, in the name and on behalf of the Partnership; FURTHER RESOLVED, that each Authorized Officer is hereby authorized, empowered and directed, in the name and on behalf of the Partnership to make or cause to be made, and to execute and deliver, all such agreements, documents, instruments and certifications, and to do or cause to be done all such acts and things, and to take all such steps, as he or she may at any time or times deem necessary or desirable in order to carry out the intent and purposes of the foregoing resolutions; and FURTHER RESOLVED, that all documents, agreements and instruments previously executed and delivered, and any and all actions previously taken by any Authorized Person or any of the directors, employees or agents of the Partnership, the General Partner, JGB Ventures or JGB Holdings in connection with or related to the matters set forth in, or reasonably contemplated or implied by, the foregoing resolutions be, and each of them hereby is, adopted, ratified, confirmed and approved in all respects and for all purposes as the acts and deeds of the Partnership. [Signature on following page] 41723482;2 IN WITNESS WHEREOF, the undersigned has executed this Written Consent as of the day of 2017. , 2017. GENERAL PARTNER: WESTDALE WYNWOOD, LP a Texas limited partnership By: JGB VENTURES I, LTD., a Texas limited partnership - General Partner By: JGB HOLDINGS, INC., a Texas co oration - General Partner By: Name: Joseph G. Beard Title: President 41723482;2 EXHIBIT A Power of Attorney 41723482;2 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that Westdale Wynwood LP, a Texas limited partnership, has made, constituted and appointed, and by these presents do make, constitute and appoint STEVEN J. WERNICK, JOSE F. DIAZ, and WESLEY J. HEVIA its true and lawful attorneys in its stead to execute all documents and instruments required with respect to applications for a Comprehensive Plan Amendment and Rezoning under the requirements of the City of Miami Code of Ordinances and Miami 21 zoning code, submitted to the Office of Hearing Boards, for the properties located at 3043 NW 3 AVE; 284 NW 31 ST; 276 NW 31 ST; 268 NW 31 ST; 262 NW 31 ST; 252 NW 31 ST; 244 NW 31 ST; 234 NW 31 ST; 224 NW 31 ST; 3040 NW 2 AVE; 291 NW 30 ST; 285 NW 30 ST; 275 NW 30 ST; 269 NW 30 ST; 267 NW 30 ST; 251 NW 30 ST; 243 NW 30 ST; 237 NW 30 ST; 229 NW 30 ST; and 221 NW 30 ST in Miami, Florida, giving and granting unto STEVEN J. WERNICK, JOSE F. DIAZ, and WESLEY J. HEVIA its said attorneys, full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done with respect to the application as fully, to all intents and purposes, as he might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that said attorney or his substitute shall lawfully do or cause to be done by virtue hereof. IN WITNESS WHEREOF, I have hereunto set my/our hand(s) and seal(s) this Ze day of 2017. Signed and delivered in the presence of: Witnes Signature ttn� Witness Name STATE OF SS: COUNTY OF The foregoing instrument was acknowledged before me this Zk— day of S'�-e' � , 2,C)17 by SLnG. G. (�., who is personally known to me or who has prod ecu d a as identification. BETHANY SHAY =* MY COMMISSION EXPIRES December 22, 2010 40163004;3 lz&� NOTARY LIC Print Name: 15a AA&4 S,,..,., My commission expires: 12,17 z(4 -W REZONINGAPPLICATION Please refer to Article 7.1.2.8 of the Miami 21 Code for Rezoning information. Jose Felix Diaz on behalf of Westdale Wynwood, LP 1. Applicant(s): 2. Subject property address(es) and folio number(s): Refer to "Exhibit 3" 91 Present zoning designation(s): T3-0 and T4 -L 4. Proposed zoning designation(s) T4 -L and T5 -L 5. Per Miami 21, Article 7.1.2.8, c.2 (g), an analysis of the properties within a one-half mile radius of the subject property, including aerial photo of the site as to why the present zoning designation is inappropriate and proposed zoning designation is appropriate. 6. One (1) original, two (2) 11x17" copies and one (1) 8'/2x11 copy of the survey of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application. 7. A clear and legible copy of the recorded warranty deed and tax forms of the most current year showing the present owner(s) and legal description of the property to match the legal description on the survey. 8. A clear and legible copy of the subject property address(es) and legal description(s) on a separate sheet, labeled as "Exhibit A", to match with the current survey's legal description. 9. At least two photographs showing the entire property showing land and improvements. 10. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable. 11. Affidavit of Authority to Act and the Disclosure of Ownership of all owner—and contract purchasers, if applicable—of the subject property. 12. For all corporations and partnerships indicated: a) Articles of Incorporation; b) Certificate from Tallahassee showing good standing, less than one (1) year old; c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation authorizing the person who signed the application to do so; d) Non-profit organizations: A list of Board of Directors less than one (1) year old. 13. Certified list of owners of real estate within 500 feet of the subject property. 14. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit. 15. Original Public School Concurrency Management System Entered Requirements form. 16. The subject property(ies) cannot have any open code enforcement/lien violations. 17. What is the acreage of the project/property site? 3.38 acres Rev. 07-2013 REZONINGAPPLICATION Rezone North Parcels from T3-0 to T4 -L and 18. What is the purpose of this application/nature of proposed use? South Parcels from T4 -L to T5 -L 19. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning and Zoning Department on the 3`d Floor for information. No 20. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning and Zoning Department on the 3`d Floor for information. No 21. What would be the anticipated duration of the presentation in front of the: ❑ Planning, Zoning and Appeals Board 20 minutes and/or ❑ City Commission 20 minutes 22. Cost of processing according to Section 62-22 of the Miami City Code*: Change of zoning classification to: a. CS, T3 -R, T3 -L, T3-0, T4 -R, T4 -L, T4-0, T5 -R, T5 -L, T5-0, T6 -R, T6 -L, Cl: Per square foot of net lot area $ .50 Minimum (Assumes a 5,000 square -foot lot) $ 2,500.00 b. T6-8 O, T6-12 O, T6-24 O, D1, D2, D3, T6-36 O, T6-48 O, T6-60 O, T6-80, CI -HD: Per square foot of net lot area $ .70 Minimum $ 5,000.00 c. Advertising $ 1,500.00 d. School Concurrency Processing (if applicable) $ 150.00 e. Mail notice fee per notice $ 4.50 f. Meeting package mailing fee per package $ 6.00 *Fees over $25, 000. 00, shall be paid in the form of a certified check, cashier's check, or money order. Signature 4)iaza Address Akerman, LLPName dose on behalf of Westda 1A�yn4uc d, LP Three Brickell City Centre 98 SE 7 St, Suite 1100, Miami FL 33131 Telephone STATE OF FLORIDA -- COUNTY OF MIAMI-DADE E-mail jose.diaz@akerman.com The foregoing was acknowledgedbefore me this k�,O— day of 20 k--\ �. by �1C.� e �\ 1 x O\f12 who is a(n) individual/partner/agent/corporation of individual/partnership/corporation. He/She is personally known to me_or who has roduced as identification and who did (did not) tako a ath. (Stamp) �^ BUSWNEYM.SAINZ n re J MY COMMISSION # FF 919693 EXPIRES: December 21, 2019 '3lJ�„h Bonded Thru Notary Pubfic Underwriters Rev. 07-2013 4 REZONINGAPPLICATION AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Jose Felix Diaz on behalf of Westdale Wynwood, LP , 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. Jose Felix Diaz on behalf of Westdale Wynwood, LP Applicant(s) Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Appl cant s) Signature The foregoing was acknowledged before me this k'-10 day of (Dzl 20 '. -n by ► c�2 who is a(n) individual/partner/agent/corporation of _ t ) individual/partnership/corporation. He/She is ersonally kno n to me or who has produced (Stamp) Rev. 07-2013 as identification and who did (did not) take a BUSWNEYM.SIUNZ Signa .: MY COMMISSION 1 FF 916693 'a= EXPIRES: December 21, 2019 Bonded Thru Notuy Pubfk Undo w Url COMPREHENSIVE PLANAPPLICATION Please refer to Section 62-31 of the Miami City Code for Comprehensive Plan information. 1. Applicant(s): Jose Felix Diaz on behalf of Westdale Wynwood, LP 2. Subject property address(es) and folio number(s): 3. Present designation(s): Duplex Residential Refer to "Exhibit 1" 4. Future designation(s): Medium Density Restricted Commercial 5. If the requested Land Use is approved, will a Rezoning be requested for consistency with the Zoning Atlas, per F.S. 163.3184(3)(e)? Yes If yes, please contact Planning at 305-416-1400. 6. Has the designation of this property been changed in the last year? If so, when? No Do you own any other property within 200 feet of the subject property? Yes If yes, has the property been granted a Land Use Change within the last year? No One (1) original, two (2) 11x17" copies and one (1) 8%x11 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? 1.69 acres Comprehensive Plan Amendment from "Duplex Residential" to "Medium Density Restricted 20. What is the purpose of this application/nature of proposed use? commercial'. 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 duration of the presentation in front of the: ❑ Planning, Zoning and Appeals Board 20 minutes and/or ❑ City Commission 20 minutes 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 c�ed check, cashier's check, or money order. Signature C �� f Name Jose x Diaz Telephone 305-374-5600 Address 98 SE 7th Street, Suite 1100 Miami, FL 33131 jose.diaz@akerman.com E-mail STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 1 `O day of �CrCO�F'ir 20 IL4 , by \ 6_7\-2— who _7\2who is a(n) individual/partner/agent/corporation of 'C- individual/partnership/corporation. He/She is personally,J42Qwn to me or who has produced as identification and who did (did not) t ath. (Stamp) n e °vk_; BUSWNEYM.SAINZ MY COMMISSION # FF 919693 EXPIRES: December 21, 2019 Bonded Thru Notary Public Underwriters Rev. 07-2013 COMPREHENSIVE PLANAPPLICATION AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Jose Felix Diaz on behalf of Westdale Wynwood, LP , 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, In 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. Jose Felix Diaz on behalf of Westdale Wynwood, LP Applicant(s) Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Applica (s) Signature The foregoing was acknowledged before me this day of 20 , by )USS' -C�_ 1 �>,. who is a(n) individual/partner/agent/corpo ration of P��yPX`►^��r�l Win) individual/partnership/corporation. He/She is personally k@own to or who has -produced as identification and who did (did not) take n oath. (Stamp) BUSWNEYM.SAINZ MY COMMISSION # FF 919693 EXPIRES: December 21, 2019 RR M14 ° Bonded Thru Notary Public Undenrtiten Rev. 07-2013