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2010-3703 Ordinance ORDINANCE NO.' 2010 -3703 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE OFFICIAL ZONING DISTRICT MAP, REFERENCED IN SECTION 142 -72 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY CHANGING THE ZONING DISTRICT CLASSIFICATION FOR THE FOR THE PARCEL KNOWN AS "1600 LENOX AVENUE," MORE PARTICULARLY DESCRIBED IN THE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A" HERETO, FROM THE CURRENT ZONING CLASSIFICATION RM -1, "RESIDENTIAL MULTIFAMILY LOW INTENSITY," TO THE PROPOSED ZONING CLASSIFICATION CD -1, "COMMERCIAL, LOW INTENSITY," WITH A RESTRICTION LIMITING THE PROPERTY TO COMMERCIAL USES AND NO MORE THAN 10 RESIDENTIAL UNITS PER ACRE AS PROVIDED FOR IN THE VOLUNTARY COVENANT; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach has made an application to change the zoning classification of the parcel referred to herein as "1600 Lenox Avenue," located at 1600 Lenox Avenue, from RM -1, Residential Multifamily Low Intensity, to CD -1, Commercial, Low Intensity; and WHEREAS, the property owner, 1600 Lenox Investors, LLC, intends to continue use of the property for commercial uses in accordance with the existing regulations in the Land Development Regulations of the City Code, as it may be amended in the future, with the exception of a limitation of no more than 10 residential units per acre as provided for in the voluntary covenant attached hereto; and WHEREAS, amending the zoning of the subject 1600 Lenox Avenue parcel as provided herein is necessary to ensure the development of that property will be compatible with development in adjacent and surrounding areas, and will contribute to the general health and welfare of the City; WHEREAS, the City of Miami Beach has determined that the rezoning of the subject 1600 Lenox Avenue parcel as provided herein will ensure that new development is compatible and in scale with the built environment, and is in the best interest of the City; WHEREAS, full legal description of the Affected Property is contained in Exhibit "A" attached to this Ordinance, and shortened descriptions of such properties will be codified in the amendments below. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. The following amendments to the City's zoning map designations for the properties described herein are hereby approved and adopted and the Planning Director is hereby directed to make the appropriate changes to the zoning map of the City: 1 of 2 A parcel of land commonly known as "1600 Lenox Avenue," approximately 7,457 square feet (0.171 acres), from the current RM -1, "Residential Multifamily Low Intensity," to the proposed zoning classification CD -1, "Commercial, Low Intensity," with a restriction limiting the property to commercial uses and no more than 10 residential units per acre as provided for in the voluntary covenant attached hereto. SECTION 2. REPEALER. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4. CODIFICATION. It is the intention of the City Commission that the Official Zoning District Map, referenced in Section 142 -72 of the Code of the City Of Miami Beach, Florida be amended in accordance with the provisions of this Ordinance. SECTION 5. EFFECTIVE DATE. This ordinance shall take effect 31 days after adoption to correspond to the adoption date of the Future Land Use Map of the City's Comprehensive Plan. PASSED and ADOPTED this 27th day of October , 2 0 .... . )4H MAYOR ATTEST: I R t 4 CITY CLERK APPROVED AS TO 41111 FO l,! & LANGUAGE Or XECUTI • • V ) t is w it. ttorney + at First Reading: Second Readin Verified by: P anning Director F:\PLAN \$PLB \draft ordinances \1969 &1970 - 1600 Lenox Ave\zoning map change ord rev 9- 29- 2010.doc 2 of 2 EXHIBIT A Legal Description: 1600 Lenox Avenue, Miami Beach, Florida Lot 1, Block 46 of COMMERCIAL SUBDIVISION according to the Plat thereof, as recorded in Plat Book 6, at Page 5 of the Public Records of Miami- Dade County, Florida 3of3 COMMISSION ITEM SUMMARY Condensed Title: An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending The Official Zoning District Map, Referenced In Section 142 -72 Of The Code Of The City Of Miami Beach, Florida By Changing The Zoning District Classification For The Parcel Known As "1600 Lenox Avenue," From RM -1, "Multi- Family, Low Intensity," To CD -1, "Commercial, Low Intensity;" Key Intended Outcome Supported: Regulatory and Neighborhood satisfaction Supporting Data (Surveys, Environmental Scan, etc Regulatory - required by Florida Statutes Issue: I Should the City Commission amend the Official Zoning Map for 1600 Lenox Avenue from RM -1 to CD -1. I Item Summary /Recommendation: FIRST AND ONLY READING PUBLIC HEARING The City, at the request of the property owner, is proposing to change the zoning district classification on the Official Zoning District Map of this purposely built commercial property in order to continue using the site for commercial, retail, office. The change of zoning district does not increase the floor area ratio of the subject site. The current district designation is RM -1 Multi Family Residential Low Intensity Category which has a maximum floor area ratio (FAR) of 1.25 and a maximum density of 60 units per acre. Similarly, the proposed district category of CD -1 Commercial Low Intensity category has a maximum FAR of 1.0 and 1.25 when more than 25 percent of the total area of a building is used for residential use. Therefore, the request is consistent with the City Charter provisions of Section 1.03 (c). The zoning district regulations for the RM -1 zoning district only permit residential uses; commercial uses are not permitted. The existing commercial use is functioning as legal, non - conforming; however, the nonconforming use of a building cannot be permitted to extend throughout other parts of that building. The Administration recommends that the City Commission adopt the ordinance Advisory Board Recommendation: At the July 27, 2010 meeting, the Planning Board recommended that the approval both proposed changes to the Future Land Use and the Zoning Maps by a vote of 4 -0 (three members absent). Financial Information: Source of Amount Account Funds: 1 2 3 OBPI Total Financial Impact Summary: The proposed ordinance is not expected to have any fiscal impact upon the resources of the City at this time. When the site is redeveloped, revenues to the City may increase. City Clerk's Office Legislative Tracking: Richard Lorber or Mercy Lamazares Sign -Offs: Departm t Director As- istant Ci anager City Manager T IAA EN \20 0 \October 27\Regular\1970 -16.. = / sum.do m M IAMIBEACH AGENDA ITEM RS-D2- DATE / 0-2.7-0 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: October 27, 2010 a -- SUBJECT: 1600 Lenox Avenue — change of - oning Map - First and only Reading Public Hearing. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE OFFICIAL ZONING DISTRICT MAP, REFERENCED IN SECTION 142 -72 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY CHANGING THE ZONING DISTRICT CLASSIFICATION FOR THE FOR THE PARCEL KNOWN AS "1600 LENOX AVENUE," MORE PARTICULARLY DESCRIBED IN THE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A" HERETO, FROM THE CURRENT ZONING CLASSIFICATION RM -1, "RESIDENTIAL MULTIFAMILY LOW INTENSITY," TO THE PROPOSED ZONING CLASSIFICATION CD -1, "COMMERCIAL, LOW INTENSITY," WITH A RESTRICTION LIMITING THE PROPERTY TO COMMERCIAL USES AND NO MORE THAN 10 RESIDENTIAL UNITS PER ACRE AS PROVIDED FOR IN THE VOLUNTARY COVENANT; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the proposed ordinance for this proposed zoning map change on first and only reading public hearing. BACKGROUND At its May 27, 2010 meeting the Land Use and Development Committee (LUDC) referred the rezoning of the subject commercial property to the Planning Board. ZONING / SITE DATA Legal Description: Lot 1, Block 46 of COMMERCIAL SUBDIVISION according to the Plat thereof, as recorded in Plat Book 6, at Page 5 of the Public Records of Miami- Dade County, Florida City Commission Memorandum File 1970- Zoning change for 1600 Lenox Avenue October 27, 2010 Page 2 U"CCLN UNCOLN MALL 1 MP ■_1_ _.I I - -- I I -- - is `ieoo i 1 I ,8TH < ri MI ■ I `, CS I L1 1 � " Site Area: Size: 50 X 150 feet (approximately 7,500 sq. ft. (or +1- 0.172 acre) Existing Zoning district: RM -1 Residential Multifamily Low Intensity Proposed Zoning district: CD -1 Commercial, Low Intensity Existing Density Limits: RM -1 - 60 dwellings units per acre Proposed Density Limits: CD -1 - 60 dwelling units per acre (subject to a voluntary restrictive covenant that limits density to 10 units per acre). Existing Intensity Limits: RM -1 - shall not exceed 1.25 FAR Proposed Intensity Limits: CD -1 - shall not exceed 1.0 FAR for commercial; exception: when more than 25 percent of the total area of a building is used for residential units, the maximum FAR shall be as set forth in the RM -1 district -1.25 FAR for residential or mixed use Existing Land Uses: There is a 69 -unit condominium building directly adjacent to the north (1610 Lenox Avenue) of the subject property; there is a 20 -unit condominium building directly across to the east (1601 Lenox Avenue); there is a 30 -unit residential building diagonally across (1038 16 Street); and a 18 -unit condominium building across the street to the south with commercial space on the ground floor (1560 Lenox Avenue), which is located in a CD -1, commercial low intensity zoning district. City Commission Memorandum File 1970 - Zoning change for 1600 Lenox Avenue October 27, 2010 Page 3 ANALYSIS History of the Site The Property is located in the first commercial subdivision created by Carl Fisher in Miami Beach in February 1920. The creation of this commercial subdivision has had a major impact in the development of the City as reflected along Alton Road, which remains one of Miami Beach's major commercial corridors today. The subject site remained vacant until the existing building was constructed in 1937. It was built as a single -story commercial building with nine store spaces. Among other tenants, the building housed a Food Market for over 50 years and a bar that began in 1941 as the Knotty Pine Bar and is today known as the Abbey Brewing Company. These and other unique commercial uses have provided an invaluable service to the local residents for over 70 years. Planning and Zoning Issues The zoning designation for the subject site is RM -1 Residential Multifamily Low Intensity district. This district purpose as stated in the Code of the City of Miami Beach: "is designed for low intensity, low rise, single - family and multiple - family residences. " The main permitted uses in the RM -1 residential multifamily, low density district are single - family detached dwelling; townhomes; apartments. Hotels are permitted in this district, but only in a limited area of Harding Avenue /Collins Avenue corridor. Commercial uses, i.e., retail, office, etc., are not permitted in this district. The property contains a one -story commercial structure that covers the entire lot. For years the building had been neglected, but the current owner decided to preserve and renovate the building rather than demolish and build new. Because of its commercial nature and use, it is now deemed a legal, non - conforming use in a residential district. The City Commission designated the existing building a historic site on October 14, 2009. City Charter Issues The request for changing the Future Land Use Map of the City's Comprehensive Plan as well as the Zoning Map of the City, is affected by the City Charter provisions of Section 1.03 (c), which partially states: The floor area ratio of any property or street end within the City of Miami Beach shall not be increased by zoning, transfer, or any other means from its current zoned floor area ratio as it exists on the date of adoption of this Charter Amendment (November 7, 2001). Including any limitations on floor area ratios which are in effect by virtue of development agreements through the full term of such agreements, unless such increase in zoned floor area ratio for any such property shall first be approved by a vote of the electors of the City of Miami Beach. The change of land use designation and zoning district does not increase the floor area ratio of the subject site. The current land use designation as RM -1 Multi Family Residential Low Density Category has a maximum floor area ratio (FAR) of 1.25 and a maximum density of 60 units per acre. Similarly, the proposed land use designation of CD -1 Commercial Low Intensity category has a maximum FAR of 1.0 and 1.25 when more than 25 percent of the total area of a building is used for residential or hotel units. Therefore, the request is consistent with the City Charter provisions of Section 1.03 (c). It should be noted that the property owner has voluntarily proffered a covenant to include City Commission Memorandum File 1970 - Zoning change for 1600 Lenox Avenue October 27, 2010 Page 4 a maximum of 10 units per acre in any residential development that may be proposed in the future. Comprehensive Plan Issues Prior to 1989, the area north of 16 Street had a zoning classification of C -2, which was a commercial classification; attached is a partial copy of a zoning map dating back to September 1, 1983. The change of land use and zoning took effect in 1989, when the Zoning Ordinance of the City was extensively amended to carry out the 1989 Comprehensive Plan resulting in a new set of land development regulations (LDR). However, it should be noted that the block to the south (Block 65) is currently designated CD -1 in the Future Land Use Map, and zoned the same, therefore compatibility exists. The total land area involved in this application is 0.17 acres. Interlocal Agreement for Public School Facility Planning The 2005 Florida Legislature adopted laws which are incorporated in the Florida Statutes, requiring each local government to adopt an intergovernmental coordination element as part of their comprehensive plan, as well as a statutory mandate to implement public school concurrency. In compliance with this requirement, the application by the City was submitted to the Miami -Dade County Public Schools for its review and concurrency determination. The Preliminary Concurrency Analysis would yield a maximum residential density of 2 multifamily dwelling units, which generates less than one student in any level or type of school, therefore it is exempt from the requirements of public school concurrency and no further action is required at this time. However, a final determination of Public School Concurrency and capacity reservation will only be made at the time of approval of final plat, site plan or functional equivalent. As . such, this analysis does not constitute a Public School Concurrency approval. However, any final determination of Public School Concurrency and capacity reservation will only be made at the time of approval of a final project should residential uses be desired. Summary The City is proposing to amend the Official Zoning Map for this commercial property in order to use the site for commercial, retail, office and perhaps limited residential uses. This proposal requires a Future Land Use Map change and zoning map change. It should also be noted that the property is a designated local historic site and lies adjacent to the National Register Architectural District and Flamingo Park local Historic District. All future projects shall be subject to review by the Historic Preservation Board pursuant to Section 118 -563 of the City Code. PLANNING BOARD ACTION At the July 27, 2010 meeting the Planning Board recommended that the City Commission approve the proposed change to the Future Land Use Map of the City's Comprehensive Plan by a vote of 4 -0 (three members absent). CONCLUSION The Administration recommends that the City Commission adopt the proposed ordinance on first and only reading public hearing and direct the Administration to City Commission Memorandum File 1970 - Zoning change for 1600 Lenox Avenue October 27, 2010 Page 5 transmit all applicable documents to the Department of Community Affairs (DCA) and other required reviewing agencies. Pursuant to Section 118 -164 (1) when the proposed amendment changes the actual zoning map designation for a parcel or parcels of land and, notice shall be given by mail at least 30 days prior to the date set for the public hearing, to the owners of record of land lying within 375 feet of the land, subject to the proposed zoning map change. The city commission shall hold a public hearing on the proposed ordinance and may, upon the conclusion of the hearing, immediately adopt the ordinance. The subject noticed was mailed on September 24, 2010. The notice shall also be published in the newspaper substantially in the following form: NOTICE OF (TYPE OF) CHANGE The (name of local governmental unit) proposes to adopt the following ordinance: (title of the ordinance). A public hearing on the ordinance will be held on (date and time) at (meeting place). The advertisement shall contain the ordinance title and a geographic location map which clearly indicates the area covered by the proposed ordinance. R 6-L. JMG /JGG /RGUML T: AGENDA\2010 \October 27\Regular\1969 -FLUM 1600 Lenox Ave rpt.docx • //// \\_ %__\„,,_,/ , 44,-on .„ I ( „_-..,.1..„.-A--:Al 4 1160000 _ ______ ___=----. _ C- i 0 Q3) j i _____.- s ■■ 1 t / 7 _________________%___ _) 1._ _ . ..„............. - .,,,,, % F. t ;:- ,.....„ _IA...., i ,,,,,,,,,......... m 4' Ci\ \ sOP X ------- ' - ' - il - -,,k,..,-.;:r.7---...,, .. _-_ -.4 ,, T .,1 \ 1 n i l*T-k\\IIIW I ten ',• - ,., i,., \ . iii 11 , , 011111 . !is/ 1 t ,, I ,air 1 6 1 ,` - . 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M il 11A 1 1111111 ililla .....4.1 i . .,.. me _ fit airs .., ._ 4_4---4..-4--.-4-4-4,_0 ___________ ______________ ______ _________________ _ __________-_---___________ _____„,,...:___________....„ ATLANTIC OCEAN 1 11 1111 11111 11 111 1111 1 11111 11111 11111 11111111 CFN 2010R0723943 This instrument was prepared by: OR Bk 27466 Fas 2119 — 21241 (bass) RECORDED 10/25/2010 13 :11:04 Name: Matthew Amster, Esq. HARVEY RUVIH, CLERK OF COURT Address: Bercow Radell & Fernandez, PA MIAMI—DADS COUNTY,' FLORIDA 200 South Biscayne Boulevard Suite 850 Miami, Florida 33131 (Space reserved for Clerk) DECLARATION OF RESTRICTIONS WHEREAS, 1600 Lenox Investors, LLC ( "Owner "), holds the fee simple title to the land described in Exhibit "A," attached hereto and with address of 1600 Lenox Avenue, Miami Beach, Florida, which is supported by the attomey's opinion, and WHEREAS, the land located at 1600 Lenox Avenue is hereinafter referred to as the "Property," and WHEREAS, the Property is located in the first commercial subdivision in the City of Miami Beach ( "City"), was originally zoned for commercial uses, and is presently designated as RM -1, "Multi- Family Residential, Low Intensity," on the Future Land Use Map of the Comprehensive Plan of the City, and zoned RM -1, "Residential Multifamily Low Intensity," on the Official Zoning District Map and WHEREAS, the Property contains a one -story commercial building built in 1937 that has continuously contained commercial uses to this day, and WHEREAS, the commercial building is a contributing structure in the database of historic , structures in the City, and WHEREAS, Owner applied for and obtained historic designation of the Property from the City to preserve the historic structure, and WHEREAS, Owner is nearing completion of a restoration of the commercial building in accordance with the original construction plans, and WHEREAS, Owner seeks to redesignate the Property from RM -1 to CD -1, "Commercial, Low Intensity," on the City's Future Land Use Map and rezone the Property from RM -1 to CD -1, "Commercial, Low Intensity," on the City's Official Zoning District Map, and off' r ° Section 34-53-42 a.. N Folio number: 02- 3234 -018 -0190 Agenda Item R5 D Date 10-17- 10 Declaration of Restrictions Page 2 (Space reserved for Clerk) 1N ORDER TO ASSURE the City that the representations made by the Owner concerning the rezoning of the Property will be abided by, the Owner freely, voluntarily and without duress makes the following Declaration of Restrictions covering and running with the Property and shall be applicable to and regulate uses and structures on the Property. Whenever the word "Owner" is used herein such provision shall refer to all persons and entities with rights of use or any interest in the Property and their heirs, successors in interest and/or assigns. No person or entity shall use or engage in activity on the Property contrary to the terms of this Declaration. (1) The foregoing whereas clauses are true and correct and incorporated herein by reference. (2) Owner shall limit residential uses to no more than 10 units per acre on the Property. (3) Owner shall not apply for dance hall license or operate a dance hall on the Property. (4) Owner shall not apply for an entertainment license or operate an entertainment establishment on the Property. (5) Owner shall not apply for a neighborhood impact establishment or operate a neighborhood impact establishment on the Property. (6) Owner shall not install or utilize temporary or permanent outdoor speakers on the Property. (7) Owner shall not have or permit any live or amplified music outdoors on the Property. (8) In the event a restaurant occupies the easternmost portion of the building, Owner shall make the doorway facing Lenox Avenue an emergency exit only. (9) For any restaurant use,' Owner shall ensure that the service door(s) on the north elevation remain closed at all times, except when in active use. (10) Owner shall close any sidewalk cafe(s) at 12:00 AM and any indoor restaurants at 2:00 AM. Section - Township - Range: 34 -53-42 Folio number: 02- 3234 -018 -0190 • Declaration of Restrictions Page 3 (Space reserved for CIerk) (11) Owner shall prohibit trash collection from any dumpster(s) before 7:00 AM and after 8:00 PM. (12) Owner shall prohibit delivery trucks before 7:00 AM and after 8:00 PM. (13) Owner shall prohibit and not operate the following uses on the Property: package stores, pawnshops, check cashing stores, secondhand stores, warehouses, and any use selling gasoline. (14) In the event a food store or convenience store selling alcoholic beverages occupies any unit in the building, the food store or convenience store shall prohibit the sale of single cans of beer. (15) Covenant Running with the Land. This Declaration on the part of the Owner shall constitute a covenant running with the land and shall be recorded, at Owner's expense, in the public records of Miami -Dade County, Florida and shall remain in full force and effect and be binding upon the undersigned Owner, and its heirs, successors and assigns until such time as the same is modified or released as provided for herein. These restrictions during their lifetime shall be for the benefit of, and limitation upon, all present and future owners of the real property. (1 b) Term. This Declaration is to run with the land and shall be binding on all parties and all persons claiming under it for a period of thirty (30) years from the date this Declaration is recorded, after which time it shall be extended automatically for successive periods of ten (10) years each, unless an instrument signed by the then owner(s) of the Property has been recorded agreeing to change the covenant in whole, or in part. (17) Modification, Amendment, Release. This Declaration of Restrictions may be modified, amended or released as to the land herein described, or any portion thereof, by a written instrument executed by the then owner(s) of all of the Property, including joinders of all mortgagees, if any, providing that same has been approved by the City of Miami Beach City Commission, or such other board with jurisdiction over the matter, at a public hearing, which public hearing shall be applied for by and at the expense of the owners. Should this instrument be so modified, amended or released, the City Manager, or his successor, or other administrative officer with jurisdiction over the matter, shall execute a written instrument in recordable form effectuating and acknowledging such modification, amendment or release. Section- Township - Range: 34 -53-42 %t Folio number: 02- 3234 - 018 -0190 Declaration of Restrictions Page 4 (Space reserved for Clerk) (18) Enforcement. An action to enforce the terms and conditions of this Declaration may be brought by the City and may be, at law or in equity, against any party or person violating or attempting to violate any provision of this Declaration or provisions of the building, zoning or land development regulations, either to restrain violations or to recover damages. The prevailing party in the action shall be entitled to recover costs and reasonable attorneys' fees, at all levels of trial and appeal. This enforcement provision shall be in addition to any other remedies available under the law. (19) Severability. Invalidation of any provision of this Declaration by judgment of Court shall not affect any of the other provisions of this Declaration, which shall remain in full force and effect. (20) Recording. This Declaration shall be filed in the public records of Miami -Dade County, Florida at the cost of the Owner. This Declaration shall become effective immediately upon recordation. (21) Inspection. It is understood and agreed that any official of the City of Miami Beach has the right at any time, during normal business hours of entering and investigating the use of the Property, to determine whether the conditions of this Declaration and the requirements of the City's building, zoning and land development regulations are being complied with. A rove 10 /141 1206D Planning Director Date Approve. = form and language and for executi I n Ci Omey Dated: 1 / ad/0 [Execution Pages Follow] F:1Data'Docs\1600 Lenox Investors, LLC Conditions of Approval\Declaration of Restrictions re rezoning 101410.doc Section- Township - Range: 34 -53-42 Folio number: 02- 3234 - 018 -0190 Declaration of Restrictions Page 5 (Space reserved for Clerk) ACKNOWLEDGMENT CORPORATION Signed, witnessed, executed and acknowledged on this 25 day of oe( , 2010. IN WITNESS WHEREOF, 1600 Lenox Investors. LLC (Corporate name) has caused these presents to be signed in its name by its proper officials. Witnesses: 1600 Lenox Investors. x Ln LLC Signature Name of Corporation SOPCJ 1 g Address: Pr' Name / c/o Greenstre - Partners LP • 1 414s4 2601 S. Baysho e t. .. r Suite 800 Miami By ` `�• Print N:_ • e Ti -y nt of Greenstreet Management. Inc., th : eneral Partner of Greenstreet Capital. L.P., the Managing Member of Greenstreet Sobe Investments, LLC. the Managing Member of 1600 Lenox Investors. LLC Print Name: STATE OF COUNTY OF . : am, The foregoing instrument was acknowledged before me by'ls the n 1nteens- 4 k letv ,, corporatio , on behalf of the corporation. He/ She is personally known to me or- •has- predueed- ,.es identification. Witness my signature and official seal this 25 day of OC.-{a be.,. , 2010, in the Count* aid. � a ) Commission #DD902690 d'ublic eoiiri' x pus: DUG, 01 2013 1 Runic BONDING Ca,1NC e . n � A /. �2 �rrl_ • Print Ne My Commission Expires: j. 1 Am Section - Township- Range: 34 -53-42 , Folio number: 02-3234-018-0190 • OR BK 27466 PG 2124- LAST PAGE Exhibit "A" • Legal Description Lot 1, in Block 46, of OOMMERCIAL SUBDIVISION OF T118 ALTON BEACH - REALTY COMPANY, according to the Pl4tthereof as recorded in Plat • Book 6, at Page 5, of the Public Records of Dade Connty, Florida now known as &flan:Li-Dade County, Florida STATE OF FLORIDA. COUNTY OF DADE 40 60 44.. 1 HEREBY CERTIFY lhatllils 1frpivopyofThe citn • • onginal Clod In Eris o (FYI - ADM d 1 WITNESS arid fidel 8°11 • • nd County Courts HARVFYAIntm f f •••42, • tg By D.C. or • 3414E' - i' SUNDAY,:6CLOBER -10; 2010 . - -- -- - -- -M VnI AC H i C TY OF MIAMI BEACH NOTICE OF AMENDMENT'TOTHEZONINGMAP >NOTICETOTHEPUBLIC ' NOTICE IS HEREBY GIVENthat- afrrst and only reading and and public hear ng will be :heldd* the -Clty Commission -of the' City of Miami- Beach on WEDNESDAY, October. 27, 2010 .at 510 30 a m.in'the Cify CommiSSiOn Floor City Hall, located at)700 CofVention Center: Drive Miami, Beach , ':Florids33139 to- consider ' ' , • AN flROINANCE OF THE NAYOR AND CITY COMMISSION; - OF THE CITY OF MIAM(- BEACH, FLORIDA, AMENDING THE OFFICIAL. ZONING- DISTRICT MAP, 'REFERENCED SECTION - 14272 ; OF T14E' „CODE OF'THE_CIT1f'OF MIAMI _BEACH, FL ORIDA, BY CHANGING THE ZONING' DISTRICT CLASSIFICATION FOR ,THE FOR THE PARCEL. (K100.1 AS 11600,, ,LENOX. :AVENUE; " MORE ; DESCRIBEDIN THE -.LEGAL DESCRIPTION ATTACHED AS pI HIBIT ' A” • HERETO, FROM - THE CURRENT" ZONING;_ CLASSIFICATION . RM 1, ,- "RESIDENT1A4t MULTIFAMILY L'OW IN TENSITY," TO THE 3 ROPOSED:. ' ZONING •':`CLASSIFICATION CD �''4'COMMMERCIAL;� LOW iNTENSITY, WITWA RESTRICTION LIMITING THE PROPERTY COMMERCIAL USES-AND NO MORE THAN CIO RESID ENTIAL UNITS PER ACRE AS PROVIDED - FOR, IN�T1lE4YDQLUNTA RrtOVENANTi:fR •COb1FI6P►TlON •.REPEALER, . SEVERABILITY. - AND :ANT EFFECTIVE DATE•.:, , ��„ • cam► . All int est�ai3i S are,invited . to, appear this m?etirk&gi ;;be . repr eiid by n agent, or to express.- their ,views rr ,fir frog • • cio.the Plannrgg'Departrt?e!4. 1700 Conve��o ter"Drive;'CitycH5 IVIiamiiBeachy`F-lodda s . 33-tp9 . 41,300i ee 414.he:.pr OSed amerfdretenfS"are`i" ria"bt n . - , the; Planning.Dsparh»ent'Pursuent to -Florida Sfat. 2B6 Qib5 the-Cityb■ advises =the public that l. a' person decides }to appeal 41.10s1.40.0ade by the- Planning B3o rd a wIth,respecta P s ma t ter eo nsid s red at its meeting,or its t a„risig„ such person must;ernsure averbatim-rncard o f the is made, which record - must include the testimony, and_ewdence upon hick the ppiia1''is'ito be'- based. Thist- notice_-doesct r constitute consent by the City for the introduction: or admission of otherwise: a inadmissible or irreleverit evidence;- nor>dbesart -- authorize challenges or appeals not otheTwisirgliiiied In accordance with the Americans with Disabilitis Act of '1990 - persons . ing t 'speBial,.ai�omrti�atrcih to padiic�Pate. . p ifS;SM6if #sort oard'sfAdmtnrStratorraolater han � ; foie #1ys tier tO the procee litig' Telephonel305) `673= 7550 assittencerif heermgimpaired.i alephoflethe1torida°Relay'Serwce { numbers ( 305) 6737218 or 711, for assistance.: (AD#.62 ) . 1 •