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6001 SW 70 ST_LPA-01-001 (2)
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Board members present constituting a quorum Mr. Morton, Mr. Comendeiro, Ms. Gibson, Mr. Illas, Mr. Mann Board members absent Mr. Liddy, Ms. Chimelis City staff present Subrata Basu (ACM/Planning Director); Sandy Youkilis (Temporary Planning Staff); David Struder(Board Secretary) Action: Mr. Morton performed swearing-in of all those present who would be speaking. III. Local Planning Agency: Public Hearing A. LPA-00-001 (Deferred from the LPA meeting of 08-29-00) Applicant: JPI Apartment Development, L. P. Consideration of an application to amend the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use category from the Mixed-Use Commercial Residential (Four-story height) category to the TODD, Transit Oriented Development District category (Flexible height up to 8 stories) on a 2.68 acre vacant site, said property being legally described as Lots 3 through 25, Block 15, LARKINS TOWNSITE SUBDIVISION. The site is generally bounded on the north by S.W. 69th St., on the east by S.W. 59th Pl., on the south by S.W. 701h St., and on the west by S.W. 61St Ave. r Planning Board/Local Planning Agency Meeting September 26, 2000 The purpose of the application is to allow for the future construction of a six-story student residential apartment building. Action: Mr. Illas read the request into the record. Staff noted that a request for deferral of the item would be forthcoming. Public speakers included: Mr. Stephen James, attorney; and Babe Elias, property owner. Mr. James explained that deferral is requested due to contractual issues and is for a date uncertain. Mr. Elias made several inquiries, including those relating to the deferral. The Board, staff, and Mr. James discussed such issues as reasons for the deferral; impact of the deferral, ex. re-advertising of the application; and status of the deferral, i.e. the application is indefinitely deferred. Motion: Mr. Comendeiro moved deferral the application. Mr. Illas seconded the motion. Vote: Approved 5 Opposed 0 B. LPA-00-002 Comprehensive Plan Amendment Applicant: City of South Miami An ordinance of the Mayor and City Commission of the City of South Miami, Florida, relating to an amendment to the adopted South Miami Comprehensive Plan in order to update certain sections of the Plan pertaining to the South Miami Community Redevelopment Area; more specifically to revise the Comprehensive Plan Land Use Element to include information, goals, objectives, policies, and boundaries for'the South Miami Community Redevelopment Area and to provide a map identifying the South Miami Community Redevelopment Area as an Urban Infill and Redevelopment Area; providing for renumbering and/or combination parts of this ordinance with other sections or parts of the South Miami Comprehensive Plan;providing for severability; providing for ordinances in conflict; and providing for an effective date. Action: Mr. Mann read the request into the record. Staff presented the item to the Board, summarizing their inter-office memorandum entitled Comprehensive Plan: Future Land Use Element Amendment-CRA, dated September 22, 2000. Public speakers included: Mr. Gregory Oravec, Assistant to the City Manager/Interim CRA Director; Mr. Michael Miller, of Community News; and Mr. David Tucker, Sr., citizen. Mr. Oravec elaborated on the item, summarizing that the request involves updating the Comprehensive Plan to reflect the Community Redevelopment Area(CRA). Planning Board Minutes 09-26-00 2 v Planning Board/Local Planning Agency Meeting September 26, 2000 Following Mr. Oravec's presentation, discussion ensued. Mr. Miller and Mr. Tucker were afforded the opportunity to speak. Mr. Miller inquired as to the possibility of having the boundaries of the CRA expanded. First Motion: Mr. Mann moved approval of the application. Mr. Comendeiro seconded the motion. Vote: Approved 5 Opposed 0 Second Motion: Mr. Morton moved approval of the recommendation that the City Commission consider addressing expansion of the boundaries of the CRA. Vote: Approved 4 Opposed 1 (Mr. Illas) IV Planning Board: Public Hearing A. PB-00-016 Applicant: Ernesto Llerandi, on behalf of Las Delicias de Espana A Resolution of the Mayor and City Commission of the City of South Miami, relating to a request pursuant to Section 20-3.4(b)(4)(b) of the Land Development Code for a special use approval to locate a general restaurant in the "GR" general retail district, specifically located at 4016 & 4020 S.W. 57th Avenue. Action: Mr. Comendeiro read the request into the record. Staff presented the item to the Board, noting that items A and B are inter-related and reviewing their inter-office memorandum entitled Request for Special Use Approval, 4016 and 4020 SW 57 Avenue, dated September 22, 2000. Public speakers included: Mr. Miguel Gonzalez, attorney; Mr. Ricardo Mayo; Mr. Joe Lancaster; and Mr. Mario Trevia. Mr. Gonzalez made a presentation on the item. Staff, in turn, made a rebuttal to the presentation. The Board, staff, and Mr. Gonzalez discussed the application. Staff noted for the record receipt of a letter from the law office of Garcia-Vidal & Donet, LLP, dated September 22, 2000, in which opposition to the application is recorded. Planning Board Minutes 09-26-00 3 Planning Board/Local Planning Agency Meeting September 26, 2000 Mr. Mayo, Mr. Lancaster, and Mr. Trevia were afforded the opportunity to speak. Motion: Mr. Mann moved denial of the application. Ms. Gibson seconded the motion. Vote: Approved 5 Opposed 0 B. PB-00-017 Applicant: Ernesto Llerandi, on behalf of Las Delicias de Espana A Resolution of the Mayor and City Commission of the City of South Miami, relating to a request pursuant to Section 20-5.9(G)(7) of the Land Development Code for a variance to waive the 14 off-street parking spaces required for a general restaurant, specifically located at 4016 & 4020 S.W. 57th Avenue. Action: Mr. Morton read the request into the record. Staff presented the item to the Board, noting that the hardship test for a variance has not been met by the application. The Board and staff briefly discussed the request, particularly in regard to the hardship test involving variances. Motion: Mr. Comendeiro moved denial of the application. Mr. Mann seconded the motion. Vote: Approved 5 Opposed 0 V. Approval of Minutes Action: The Board deferred voting on the minutes of August 29, 2000, as submitted. VI. Remarks / Discussion Action: Remarks included but were not limited to absences at upcoming Planning Board meetings,promotion and support of city businesses complying with regulations, and possible code violations by an applicant heard this evening. VII. Next Meeting Items Action: Staff noted that no items had been submitted for October 10, 2000, and, therefore, the next Planning Board meeting would be scheduled for October 31, 2000. VIII. Adjournment Action: There being no further business before the Board, Mr. Morton adjourned the meeting at approximately 8:55 p.m. Planning Board Minutes 09-26-00 4 a r ............. ................. ....... ......... ..... .......................... ........................... .......................... ........................... CITY OF SOUTH MIAMI PLANNING BOARD / LOCAL PLANNING AGENCY Regular Meeting Action Summary Minutes Tuesday, August 29, 2000 City Commission Chambers 6:30 P.M. I. Call to Order and the Pledge of Allegiance to the Flag Action: Mr. Morton, Chair, called the meeting to order. 'I II. Roll Call Action: Mr. Morton performed roll call. Board members present constituting a quorum Mr.Morton,Mr. Comendeiro,Mr.Liddy,Ms.Chimelis,Mr. Illas,Mr. Mann,Ms. Gibson(arrived 7:05 p.m.) City staff present Earl Gallop(City Attorney);Charles Scurr(City Manager); Subrata Basu(ACM/Planning Director); Sandy Youkilis(Temporary Planning Staff);David Struder(Board Secretary) III. Public Workshop Review/Discussion on Duties, Role, and Legal Responsibilities of Planning Board Members: by Earl Gallop, City Attorney; Charles D. Scurf, City Manager Action: The public workshop was convened at 6:55 p.m. Mr. Gallop opened by outlining topics that would be covered in the workshop, including but not limited to the "almost" quasi-judicial nature of Planning Board meetings and Sunshine Law requirements. Mr. Gallop noted that it would be possible to discuss lobbyists and members' duties. Mr. Gallop explained that it is a member's duty to find through an almost quasi-judicial and evidentiary process that applications, such as those involving developments, are consistent with the Comprehensive Plan and comply with applicable provisions of the Land Development Code (LDC). s Mr. Gallop noted that such a process involves (1) swearing in of those individuals who are going to be presenting evidence, statements and/or documents, and (2) presenting relevant facts, as they relate to applications,the Comprehensive Plan, and the LDC in a public format. Mr. Gallop emphasized that relevant facts and decisions containing findings of fact and conclusions of law are to be made in a public format. Mr. Gallop related his opinion that the Planning Board is not a quasi-judicial body, as it acts as an advisory board, making only recommendations and not issuing development orders. Mr. Gallop continued to relate that, as great weight is placed upon Planning Board's recommendations, the Board should apply, loosely, those procedures that are quasi-judicial in nature. Other discussion items included the new lobbyist ordinance, including those who must register as a lobbyist and those who do not have to register as lobbyist, such as a private citizen, a homeowners association, and a not-for-profit organization. Mr. Gallop noted that the Board is free to ask if a speaker is registered as a lobbyist. Mr. Gallop continued by noting that if it is determined an individual should be registered and is not, said individual may be prohibited from speaking before the Board. Mr. Scurr so noted that an updated list of those individuals registered as lobbyists should be provided to the Board at the beginning of each meeting. Discussion continued, including ex-parte communications and Sunshine Law. Mr. Gallop instructed the Board to avoid ex-parte communications, in order that all those individuals involved with applications have a"fair chance" to make an application, to challenge an application, and to make recommendations in the format of a public meeting on the "appointed" evening. Mr. Gallop explained that, overall, the Board should adopt a liberal construction of applicability of Sunshine Law and to refrain from discussing public business with those individuals of the same board or committee. Mr. Gallop emphasized that public business must be done in the "open," and that decisions are to be rendered as a result of information obtained in the context of public meetings, not as a result of private contacts. PB Mins 08-29-00 2 IV. Local Planning Agency (LPA): Public Hearing Item No.: LPA-00-001 Applicant: JPI Apartment Development, L. P. Request: Consideration of an application to amend the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use category from the Mixed-Use Commercial Residential (Four-story height) category to the TODD, Transit Oriented Development District category (Flexible height up to 8 stories) on a 2.68 acre vacant site, said property being legally described as Lots 3 through 25, Block 15, LARKINS TOWNSITE SUBDIVISION. The site is generally bounded on the north by S.W. 691h St., on the east by S.W. 591h Pl., on the south by S.W. 70th St., and on the west by S.W. 61"Ave. The purpose of the application is to allow for the future construction of a six-story student residential apartment building. Action: The LPA public hearing was convened at 8:05 p.m. The Pledge of Allegiance was recited. Mr. Morton performed the swearing-in of all those who would be speaking. Ms. Chimelis excused herself due to a conflict of interest and departed the chambers. Mr. Illas read the request into the record. A member of the public presented a letter authored by Mr. David Tucker, Sr., of 6556 SW 78 Terrace, for the record. Mr. Joseph Goldstein, attorney, spoke as the representative. Mr. Goldstein requested that, due to a number of issues, the City defer the item. Mr. Gallop clarified that if the deferral is to a date specific and if there is no substantial change,the City will not have to re-advertise the item. Motion: Mr. Morton moved deferral of the item to September 26, 2000. Mr. Liddy seconded the motion. Vote: Approved 6 Opposed 0 Abstained 1 (Ms. Chimelis) V. Planning Board: Public Hearing Item No.: PB-00-015 Applicant: BellSouth Mobility, Inc. PB Mins 08-29-00 3 4 Request: A Resolution of the Mayor and the City Commission of the City of South Miami relating to a request pursuant to Section 20-10.6 of the Land Development Code for special use approval to locate a stealth cellular communications facility on property located at 6330 SW 40 Street(Bird Road) within the"PI"Public/Institutional Zoning District Action: The regular Planning Board public hearing was convened at 8:15 p.m. Mr. Gallop departed the meeting, and Ms. Chimelis rejoined the proceedings. Ms. Gibson read the request into the record, and staff presented the item. Mr. Gilberto Pastoriza and Mr. Clifton Tulloch signed in to speak as representatives. Mr. Pastoriza made a presentation, noting that the facility will be designed to be compatible with the current use of the property. Mr. Mike Lucas, attorney, asked what interference, if any,the new facility would pose for current transmissions. Mr. Pastoriza responded that the new facility would cause no interference with any current transmissions. The Board, representatives, and staff discussed the application,particularly with respect to current transmissions, such as disruptions of those communications if any; operations within specified parameters/bands; assurance from independent authorities that interference and/or disruption would not occur; and co-location if and when possible. Motion: Mr. Comendiero moved approval of the item, inclusive of staff's condition. Mr. Illas seconded the motion. Vote: Approved 7 Opposed 0 VI. Approval of Minutes Action: The Board duly voted on and approved the minutes of August 8, 2000, as submitted. Vote: Approved 7 Opposed 0 VII. Remarks/ Discussion Action: Remarks/discussion items included outdoor seating & dining concerns and the Zoning Task Force. VIII. Next Meeting Items (September 12) Action: Staff announced that no items had been submitted for the next Planning Board meeting date, September 12, 2000. PB Mins 08-29-00 4 IX. Adjournment Action: There being no further business before the Board, Mr. Morton adjourned the meeting at 8:55 p.m. PB Mins 08-29-00 5 4 � City of South Miami No PN 230 AMI 6130 Sunset Drive, South Miami, Florida 33143 �j REQUISITION DATE 10/19/00 VENDOR MIAMI HERALD ' CONFIRMATION (YES OR NO) FOR PLANNING&ZONING DEPARTMENT DELIVER REQUIRED TO DELIVERY DATE INFORMATION TO BE FURNISHED BY DEPARTMENT FOR PURCHASING AGENT ITEM NOS QUANTITY DESCRIPTION AND SPECIFICATIONS ACCOUNT UNIT TOTAL COST TO BE CHARGED PRICE Items considered by Planning Board 08/29/00: Consideration of an application 1620-524.4910 $450.00 to amend the Future Land Use Map Resolution relating to a request for special use approval to locate a stealth cellular communications facility 6330 SW 40 Street Payment notice, ad ran 08/20/00 TOTAL: $450.00 PURCHASE TERMS/DISCOLNIT ORDER NO. I HEREBY CERTIFY THAT THE ABOVE MATERIAL,EQUIP- CODING OF ACCOUNTS APPROVED PURCHASES AS ABOVE APPROVED AND ISSUANCE OF MENT,OR SERVICE IS ESSENTIAL AND A PROPER REQUEST PURCHASE ORDER AUTHORIZED AGAINST THE CODES CHARGED. SUFFICIENCY OF APPROPRIATION BALANCES VERIFIED (EXCEPT AS OTHERWISE NOTED.) HEAD OF DEPARTMENT FINANCE DEPARTMENT CITY MANAGER s COURTESY SUMMARY i.JTICE CITY OF SOUTH MIAMI Disabilities:Support group Planning and Zoning Department classes or private tutoring by 6130 Sunset Drive, South Miami, Florida 33143 i -hers; $20 per family. Call Phone: (305) 663-6326; Fax #: (305) 666-4591 n Iness Support: Family to D ation Program for relatives of On Tuesday August 29 2000 at 7:30 P.M. the City of South Miami Local Planning Agent ring from major mental illness; (Planning Board) will conduct a Public Hearing in the City Commission Chambers at the above- )y the National Alliance for the address on the following item: Aug.31-Nov.16;7 p.m.Thurs• c fillip's Episcopal Church, 1142 n� Coral Gables; free. Call Consideration of an application to amend the Future Land Use Map of the South Miami c 0. Comprehensive Plan by changing the future land use category from the Mixed-Use ness Support Group:For Commercial Residential (Four-story height)category to the TODD,Transit Oriented f d friends of persons with serf- Development District category (Flexible height up to 8 stores) on a 2.68 acre vacant site, f I illness; sponsored by the said property being legally described as Lots 3 through 25, Block 15, LARKINS E once for the Mentally III; 7-9 TOWNSITE SUBDIVISION.The site is generally bounded on the north by S.W.69`" St., co Thursdays;Larkin Community on the east b S.W.59'" PI., on the south b S.W.70`"St.. and on the west b S.W.61,' n 31 SW 62nd Ave.,South Miami; y y y )5-665.2540. Ave.The purpose of the application is to allow for the future construction of a six-story a Iness Support Group(in student residential apartment building °o For relatives and friends of :h serious mental illness;spon- At the conclusion of the Local Planning Agency meeting as set forth above, the Planning Board e National Alliance for the Men- will conduct a Public Hearing on the following item: m ).m.Fridays;St.Timothy's Cath- 5400 SW 102nd Ave.;free.Call 40. A Resolution of the Mayor and the City Commission of the City Of South Miami relating n: Support group for families to a request pursuant to Section 20-10.6 of the Land Development Code for special use of individuals with addiction or approval to locate a stealth cellular communications facility on property located at 6330 abuse problems;8 p.m.Tues- S.W.40th St.(Bird Rd.) within the"PI".Public/Institutional Zoning District, i Miami Hospital,6200 SW 73rd .ion center,room C or D;free. For more information regarding these applications or any matter, please call (305) 663-6326 - 4.3353. Alliance for the Mentally rt for relatives and friends of -ith serious mental illness; 6.7 All interested parties are urged to attend. Objections or expressions of approval may be made in person at the esdays;Jackson Memorial Hos hearing or filed in writing prior to or at the hearing.The Planning Board reserves the right to recommend to the City Commission whatever the board considers in the best interest for the area involved. Interested parties requesting JW 12th Ave., Miami;free.Cali information are asked to contact the Planning and Zoning Department by calling 663.6326 or writing to the address 40. indicated above. e C.O.R.P.S.:Offers substance 1.1./alcohol counseling and resi- You are hereby advised that if any person desires to appeal any decision made with respect to any matter considered atment;bilingual staff available; at this meeting or hearing, such person will need a record of the proceedings, and for such purpose may need to :nts are flexible but generally ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon between 8 a.m.and 6 p.m.Mon- which the appeal is to be based(F.S.286.0105).Refer to hearing number when making any inquiry. Jay; 17130 SW 137th Ave.; $30- !d on income).Call 305.278-2773 ointment(9 a.m.-5 p.m.). thers Support: Talk about TheDeering Estate at Cutler, ssues and adjustments;12:30-2 hWllDr.,Miami; Healtl, The Deering Estate Foundation :ndall Dr.,Miami;Women's Health Center.Call 305.598-5981. 'he w menwh want to & Thunder Country 100.3 FM i women who want to share cul• Xc I entertainment experiences; present a n. Tuesdays; Miami Counseling urce Center, 111 Majorca Ave., 1481 Gables; more Labor Day for the series. 148.8325 for more information ;inter. 4 Counseling:Therapist Judith )s participants work through the sing a pet;;7:30 p.m.fourth Tues- dall Branch Library,9101 SW 97th C kout •e; reservation required. Call untr 00 520. E:National awareness and sup- co Se tember 4 ,nization dedicated to providing p )n and advocacy to individuals and :xperiencing infertility;meets 8.9 10 a.m. - 6 p.m. i Mondays;Baptist Medical Arts at Deering Estate, 16701 SW 72 Ave 3950 N.Kendall Dr.,Kendall;Wom- Ith Resource Center; free. Call 305-235-1668 i981. teem Support:6:30.7:30 p.m. Admission: $6 for Adults and $4 for Kids 12 & Under idays; Baptist Hospital, 8900 N. Dr., Miami; Women's Health Admission includes Center.Call 'cesetter 305-273-2541. live Count Music and Line Dancing with Kee In Ste Dancers. Friends Pacesetters: Mail- � 9 P P rogram;8 a.m.Monday-Saturday •1__ -�:o_L��. City of South Miami No PN 206 6130 Sunset Drive, South Miami, Florida 33143 REQUISITION DATE 09/14/00 VENDOR MIANII HERALD CONFIRMATION YES OR NO FOR PLANNING&ZONING DEPARTMENT DELIVER REQUIRED TO DELIVERY DATE INFORMATION TO BE FURNISHED BY DEPARTMENT FOR PURCHASING AGENT ITEM NOS QUANTITY DESCRIPTION AND SPECIFICATIONS ACCOUNT UNIT TOTAL COST TO BE CHARGED PRICE Item considered by Planning Board acting as the Local Planning Agency 08/29/00: Consideration of an application 1620-524.4910 $2919.60 to amend the Future Land Use Map of the South Miami Comprehensive Payment notice, ad ran 08/17/00 TOTAL: $2919.60 PURCHASE TER2vIS/DISCOUNT ORDER NO. I HEREBY CERTIFY THAT THE ABOVE MATERIAL,EQUIP- CODING OF ACCOUNTS APPROVED PURCHASES AS ABOVE APPROVED AND ISSUANCE OF MENT,OR SERVICE IS ESSENTIAL AND A PROPER REQUEST PURCHASE ORDER AUTHORIZED AGAINST THE CODES CHARGED. k'�I FICIENCY OF APPROPRIATION BALANCES VERIFIED (EXCEPT AS OTHERWISE NOTED.) HEAD OF DEPAfUMENT FINANCE DEPARTMENT CITY MANAGER �.. 1■ I t Yf111 nrA npreov alm6UU I.I IQI 11 01]V-W l0%J1I mw. vv I'T F a 1 THURSDAY,AUGUST 17.2000 www.herald.com 27A v CITY OF SOUTH MIAMI NOTICE OF COMPREHENSIVE PLAN AMENDMENT NOTICE OF PUBLIC HEARING All interested persons are hereby notified that the City of I / South Miami Planning Board acting in its capacity as the Local Planning Agency(LPA)at a meeting scheduled for Tuesday,August 29,2000,commencing at 7:30 PM in the City Commission Chamber,City Hall 6130 Sunset Drive, South Miami, Florida 33143,will conduct a public hearing on the following proposed Comprehensive Plan Future Land Use amendment application: ITEM LPA-00-001 Applicant:JPI Apartment Development,L.P. Request: Consideration of an application to amend the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use category from the Mixed-Use Commercial Residential (Four-story height) category to the TODD, Transit Oriented Development District category(Flexible height up to 8 stories)on a 2.68 acre vacant site, said property being legally described as Lots 3 through 25, Block 15, LARKINS TOWNSITE SUBDIVISION.The site is generally bounded on the north by S.W.69th St.,on the east by S.W.59th PI.,on the south by S.W.70th St., and on the west by S.W.61st Ave.The purpose of the application is to allow for the future construc- tion of a six-story student residential apartment building. 7 ji —�j'a rI* r : The purpose of the public hearing is to assist the Local Planning Agency in making a recommendation to the City Commission regarding the application and its transmittal to the Florida Department of Community Affairs. Copi s of the application and the amendment package are available for review prior to the public hearing in the City's Planning & Zoning Department, which is located at City Hall, 6130 Sunset Drive, South Miami, Florida 33143, second floor. All interested parties may appear and be heard at the hearing. Parties are invited to submit written comments and materials in consideration of their views (F.S.163.3184). You are hereby advised that if any person desires to appeal any decision made with respect to any matter considered at this meeting or hearing, such person will need to ensure that a verbatim record of the proceeding is made, which J record includes the testimony and evidence upon which the I appeal is to be based(FS.286.0105). For more information regarding this application or any mat- THURSDAY,AUGUST 17,2000 WWW.hera1d.com 27A i CITY OF SOUTH MIAMI NOTICE OF COMPREHENSIVE PLAN AMENDMENT NOTICE OF PUBLIC HEARING l All interested persons are hereby notified that the City of South Miami Planning Board acting in its capacity as the Local Planning Agency(LPA)at a meeting scheduled for Tuesday,August 29,2000,commencing at 7:30 PM in the City Commission Chamber,City Hall 6130 Sunset Drive, South Miami, Florida 33143,will conduct a public hearing on the following proposed Comprehensive Plan Future Land Use amendment application: ITEM LPA-00-001 Applicant:JPI Apartment Development,L.P. Request: Consideration of an application to amend the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use category from the Mixed-Use Commercial Residential (Four-story height) category to the TODD, Transit Oriented Development District category(Flexible height up to 8 stories)on a 2.68 acre vacant site, said property being legally described as Lots 3 through 25, Block 15, LARKINS TOWNSITE SUBDIVISION.The site is generally bounded on the north by S.W.69th St.,on the east by S.W.59th PI.,on the south by S.W.70th St., and on the West by S.W.61st Ave.The purpose of the application is to allow for the future construc- tion of a six-story student residential apartment building. L; lIIIIINW !iEi =L� r, � LJi The purpose of the public hearing is to assist the Local Planning Agency in making a recommendation to the City Commission regarding the application and its transmittal to the Florida Department of Community Affairs. Copi�s of the application and the amendment package are available for review prior to the public hearing in the City's Planning & Zoning Department, which is located at City Hall, 6130 Sunset Drive, South Miami, Florida 33143, second floor. All interested parties may appear and be heard at the hearing. Parties are invited to submit written comments and materials in consideration of their views (FS.163.3184). You are hereby advised that if any person desires to appeal any decision made with respect to any matter considered at this meeting or hearing, such person will need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based(FS.286.0105). For more information regarding this application or any mat- CIT _ OF SOUTH MIAMI REQUEST FOR PUBLIC RECORDS For refer- ce and record purposes, may we have the following: Name: Address: Daytime Telephone Number: �� C� I REQUEST TO VIEW THE FOLLOWING DOCUMENTS: ❑ I REQUEST COPIES OF THE FOLLOWING DOCUMENTS: STAFF TIME TO MONITOR: hour(s) x $25.00/ hour = STAFF TIME FOR RESEARCH: hour(s) x $25.00/ hour = NUMBER OF 8 1/2 x 11 inch PHOTOCOPIES x 15 cents/sheet = NUMBER OF OTHER ORIGINALS (special order) x PRICE PER ITEM SUB-TOTAL T S�' OR THIS �,: OR PUBLIC RECORDS ustomer's Signature Today's Date ��1 I Nn� 0", - u ' tJ r ........._. .......7?.._. _.M_ a __ _. -___}_�'� ''{ .- °?-.-.'......� .._� p41 (1 _..._� ..._; _.._..`...........: .... ...._CM..)..__...._..__. - _ , , - . - : CPUJ vi fi.., Cu v Cp , I M CD ru CO _... �� _.._....... I OD C ku fl! i'1 E 1J1 N '\ r 00 R'` NI N (U�. N Ct7', 0 NI ON LO TRI cu cu (t,1t 7 1M�+) s t _ ` elf)U)LO 92 OZ C} I ., f 5� O r c r- `�J :n �D N N �kj :3 k o Q CCD 02 °i ° ° � a 1L' ) I 21S2 iu) u oj t- r`r`n►•. i�L6S m f. ,-• �;� I....._------....._ .... -'m m m as ON - - - - - _ N LO Ui U)In U7 a iT 00 v N 'i 0 r`U)M.r L') � .. .... � ................. ...._.....OC OD 00 Cri 0� .... ..... _ ......... 0% 0\0\0\0N T4� _..._.._CS if) Eu JI _... tt JN -------------- •• i-.0 0 o CZ �f .-, O YD p ! Q0� '� tl j N .�. as D D�� c; , LO LO U)7 0\ (+) N` L.:` LLJ _ <r L.—,, f(3�I . i OD C>C. I ,COCII) I ' �_ 4- O N Cy G7 C - — _ . J1 t h N Vr �• ti CD —41 Cki 0i r ESNN N N D __ _.. _...............__......... . cu t r ti�r�In M /�.-r t .--t s '-� ) "!!F' 10(t \jD as4 37 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH STEVEN M. SEIBERT Governor Secretary P July 13, 2000 @ A Mr. Subrata Basu , > ` Assistant City Manager/Planning Director r City of South Miami 6130 Sunset Drive South Miami, Florida 33143 r" Dear Mr. Basu: L... ? This letter is written in response to your letter dated June 7, 2000 and also serves as a follow up to your conversations with Ken Metcalf. In your letter, you ask for the Department's comments regarding the expansion of the Redevelopment Infill District(RID)to include a 2.68- acre site proposed for at least 193 units of affordable student housing. This proposed development would also require a future land use map amendment from Mixed Use Commercial-Residential (24 dua)to the Transit-Oriented Development District(TODD) category. The Department fully supports this proposal. This development is consistent with promoting urban infill, affordable housing, and promoting transit ridership. The density, use, and proximity to MetroRail will increase ridership. If you expand the RID to this area via the large scale amendment process, the FLUM amendment could be processed as a small scale amendment subsequent to the RID amendment. However,this would be time consuming. I suggest you submit both amendments together as a large scale amendment. As the Department does not see any obvious issues at this time, you could ask that we waive the ORC Report and expedite the review. Please keep in mind that other agencies could request a formal review which would prohibit us from expediting the review. You may wish to contact the other agencies to see if they have any issues. I hope this letter answers you questions. if there is anything else that we can do for you, please contact Paul DiGiuseppe at(850) 922-1784 or paul.di iuseppe cr dca.state.fl.us. Sincerely, Michael D. McDaniel Growth Management Administrator 2555 SHUMARD OAK BOULEVARD * TALLAHASSEE, FLORIDA 32399-2100 Phone: (850) 488-8466/Suncom 278-8466 FAX: (850) 921-0781/Suncom 291-0781 Internet address:_http_//ww.w.dca.state.f1.us____._______.__ CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING&COMMUNITY DEVELOPMENT 2796 Overseas Highway,Suite 212 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard Marathon,FL 33050-2227 Tallahassee,FL 32399-2100 Tallahassee,FL 32399-2100 Tallahassee,FL 32399-2100 (305)289-2402 ictm—� 1 _____. s r J N• _ _,._._._ ._.._,.__.__.. City of South Miami 6130 Sunset Drive,South Miami,Florida 33143 June 7, 2000 Mr. Ken Metcalf Community Program Administrator Bureau of Local Planning Department of Community Affairs 2555 Shumard Oaks Blvd. Tallahassee,FL. 32399-2100 Dear Mr. Metcalf: This communication is a follow up to our June 5, 2000 conversation concerning future land use map amendments in the City of South Miami. The attached maps (FLUM; Zoning) both indicate the location of a 2.68 acre site proposed for 193 units of affordable student housing resulting in a density of 72 units per acre. Due to the density of the project a FLUM (Future Land Use Map) amendment from Mixed Use Commercial- Residential (24 units per acre max.)to TODD (no limits on density) is required. To be eligible to follow the small-scale amendment procedures for this project it appears that a text amendment to the Comprehensive Plan must be processed at the same time as, or in advance, of the FLUM amendment.. The text amendment would designate the subject block as being part of the Redevelopment Infill District , as shown on p.76 of the City's Comprehensive Plan.(Copy attached). This office would appreciate DCA's preliminary comments on the following aspects of the potential development described: 1) The expansion of the RID to include this site, allowing for a small-scale amendment process; 2)A FLUM amendment to include this site in the TODD Land Use Category; "City of Pleasant Living" Page 2 Your comments would greatly assist this Department to respond appropriately to this proposal. Please feel free to call me (305-663-6344)or Sandy Youkilis(305-663-6325) . Since y Subr asu, Assistant City Manager/Planning Director Enclosures(3) J.W.. Harris & Company Licensed Real Estate Broker Licensed Mortgage Broker 2665 South Bayshore Drive • Suite 702 • Coconut C James W. Harris Telephone: 305.859.8420 • Facsimile: 305.859.8410 President J.W. Harris & Company 2665 S.Bayshore Drive 305.859.8420 Suite 702 Fax:305.859.8410 Coconut Grove,FL 33133 e-mail:jwharris@bellsouth.net JEFFERSON COM, _ Property Identification. Block 15 South Miami (the "Property"). Purchaser. JPI Development Partners, Inc. having his office at 600 East Colinas Boulevard, Suite 1800,Dallas, Texas 75039, Attention: John Cutrer • Telephone: 972.556.3782 • Facsimile: 972.556.6952. Location. The Property is situated in Section 25 • Township 54S • Range 40E • Block 15 of the Larkins Townsite Subdivision located on the west side of S.W. 59th Place and the north side of S.W. 70 Street in the City of South Miami, Miami-Dade County, Florida. Whereas Block 15 consists of Lots 1 through 25, the Property consists of Lots 3 through 25. Plat. The various properties are platted as Townsite of Larkins according to the plat thereof in Plat Book 2 Page 105 Lots 3-25, Miami-Dade County, Florida. Jurisdiction. The Property is located in the City of South Miami, Miami-Dade County, Florida. Land Area. The Property is vacant and unimproved parcel of land containing +/- 116,743.00 square feet; +/- 2.68 acres. There are 4 separate owners; all of whom are under contract to sell to JPI. There is one holdout, a dental office situated on Lots 1 and 2 containing approximately 6,059 square.feet of land. Zoning. Medium Intensity Office ("MO"). The purpose of this district is to accommodate professional and business office space needs in a relatively intensive centrally located manner. This district is appropriate in areas designated "Medium-Intensity Office" on the city's adopted Comprehensive Plan. • Maximum Building Height 4 stories (50 feet) • Maximum FAR 1.60 Minimum Unit Sizes. PUD-R has no promulgated minimum unit sizes. Residential Uses. Planned Unit Development Residential Uses are permitted as a Special Use in the MO District. The minimum site area for a PUD-R (Residential) is 2 net acres and for PUD-M (Mixed Use) is 4 net acres. A PUD-M must be located within 1,200 feet from the Executive Summary J. W. Harris & Company South Miami Residential Page - 2 - date: February'10, 2000 MetroRail station, as measured along the shortest route to accommodate the largest number of pedestrians. The Property qualifies for PUD-R but due to its size it may be precluded from being rezoned to the PUD-M Zoning District. In determining building heights in the PUD Zoning District, plans must take into account (i) the heights of existing structures surrounding the proposed development, (ii) the nature and character of development desired by the city is such areas, and (iii) the objectives of the city's adopted Comprehensive Plan for such areas. Direction from Site: Use/Zoning Actual Height / Permitted Height North (residential) RM-18 2-stories (permitted) - 2-stories (actual) East (Post Office) TODD (MU-4) 2-stories (permitted) - 1-story (actual) South (hotel) MO 4-stores (permitted) - 4-stories (actual) West (parking lot) H unknown Notwithstanding the foregoing, the MetroRail Parking Garage is located directly across the street at the southeast corner of S.W. 59th Place and S.W. 70 Street. This garage structure contains 5-stories plus plans have been approved to add 3-stories of residential on top of the garage. Unity of Title. The city will require a written agreement stipulating that the lots containing the building site shall not be conveyed separate and apart from each other. Concurrency. Based upon the Property's location west of U. S. Route #1, it is not exempt from the 1985 amendments to Chapter 163 of the Florida Revised Statutes with respect to concurrency. Section 24-4.1 of the city's Land Development Code stipulates that a concurrency determination shall be made in conjunction with all new developments. Impact Fees. As per Miami-Dade County. Parking Requirements for Residential Developments in PUD-R Zoning District. The number of spaces required for multifamily residential shall be as outlined in paragraph (B) (3) of Section 20-4.4 Efficiency or Studio units: 1.5 spaces per unit One or more bedroom units: 2.0 spaces per unit Executive Summary J. W. Harris & Company South Miami Residential Page - 3 - date: February 10, 2000 lVisitors: 1.0 spaces for every 10 units Shared Parking. The city code provides for shared parking in paragraph (G) of Section 20-4.4 of the Land Development Code. Parking Reductions for Proximity to MetroRail. Paragraph(H) of Section 20-4.4 of the city's Land Development Code provides for parking reductions when a property is within 1,500 feet of the South Miami MetroRail Station, as measured from property line to property line. If four (4) city commissioners cast an affirmative vote, it is possible to reduce the number of required off-street parking spaces by up to 50%, depending upon the nature and type of use and its potential user relationship to rapid transit facilities, as provided for under Section 2-4.4 (J). Proposed Development. The most recent proposal calls for a four (4) story building containing 179,649 "air-conditioned" square foot (186,785.28 square feet allowed with a FAR of 1.6) including 173,503 square feet for 193 dwelling units; 6,146 square feet for a clubhouse and 452 parking spaces (approximately 2.34 spaces per unit). TABULATION Jefferson Commons at South Miami UNIT SQ FT TOTAL UNITS % SF TOTAL Studio 393 36 19% 14,148 Studio 503 4 2% 2,012 2 Bedroom 713 31 16% 22,103 3 Bedroom 910 24 12% 21,840 4 Bedroom 1,140 74 38% 84,360 4 Bedroom 1,210 24 12% 29,040 Club 6,146 Total Rentable 193 100% 173,503 Gross A/C 179,649 Avg Sq Ft 899 Required Parking 385 Parking Provided 452 Executive Summary J. W. Harris & Company South Miami Residential Page - 4 - date: February 10, 2000 Parking Requirements for Proposed Development. Based upon the Code and unit mix as provided for herein, the parking requirements should be as follows (with no reduction for mixed use or being within 1,500 feet of the MetroRail Station): Efficiency/Studio units 40.00 60.00 One or more bedrooms 153.00 306.00 Sub-Total 193.00 366.00 + guest parking @ 193/10 19.30 Total Required Parking 385.30 Less Provided Parking 452.00 Surplus (Deficit) 66.70 Variances. This proposed plan contains no variances. South Miami Code/Article V: Procedures & Applications. Projects may require completion of various separate but related procedures in order to secure final approval. A review of Article V suggests to me that JPI will need to address the following in order to secure the ability to obtain building permits. 2. Special Uses 3. Variances 5. Site Plan Reviews 6. Planned Unit Developments A separate application shall be required for each request for a rezoning (not required), a variance or a special use (both required). (Is this statement correct? Is JPI seeking a rezoning?) All other applications may be combined with one or more applications. Ergo, JPI needs a minimum of 3 applications; all or which (I am told) may run concurrently. Please be aware that all applications for variances must include a letter indicating the specific nature of the hardship upon which the (variance) request is based. A reduction in off-street parking is a permitted variance request. Executive Summary J. W. Harris & Company South Miami Residential Page - 5 - date: February 10, 2000 Site Plan Approval. Site plans shall not require a public hearing but shall be submitted for review and approval by the environmental review and preservation board prior to issuance of a permit. A tree survey will be required. Planned Unit Development approvals 20-5.12 . The site will not require rezoning. Residential use is permitted as an overlay on the Medium Density Office District as PUD-R. • Upon receipt of a complete application for the approval of a planned unit development, the building and zoning department shall review the application and submit its findings and recommendations to the environmental review and 'preservation board within 30 calendar days from receipt of the application. • The application then goes to the Environmental Review Board who has 30 calendar days following receipt of the complete application from staff and staff recommendations to formally meet and consider the preliminary development concept plan for the proposed PUD. The review may occur only at a board meeting (which I believe is open to the public). The Environmental Board must make its recommendation at least 7 calendar days prior to the date of the scheduled planning board public hearing. • The application then goes to the Planning Board who has 45 calendar days after receipt to hold a public hearing on the application. Within 15 days after the public hearing, the Planning Board shall submit its recommendations to the city commission. • Within 90 calendar days of receipt of the recommendations of the planning board, the city commission shall hold a public hearing on the application. The city commission shall approve, deny or approve with conditions or modifications. Time Line for Approvals in South Miami. JPI has engaged Joe Goldstein of Greenberg Traurig to assist them in gaining all necessary approvals. Mr. Goldstein has opined that the entire approval process (without any changes to the City's Comprehensive Plan) could take anywhere between 210-to-255 days (7.0 - 8.5 months) from the date of submission. South Miami Comprehensive Land Use Plan. According to information recently received from the City, it will be necessary to change the City's Comprehensive Land Use Plan's map and text. This timetable should be somewhat concurrent with the above-outlined approval process but the timing of the critical path is unknown as of this writing. Executive Summary J. W. Harris & Company South Miami Residential Page - 6 - date: February 10, 2000 Transit Oriented Development District. At JPI's request, the CRA and the City are exploring the option of increasing the intensity of the development in order to help insure its feasibility. The only option available to increase intensity is to rezone the Property from MO to Transit Oriented Development District (TODD) Mixed Use-5 (MU-5). This alternative also requires a change in the Comprehensive Land Use and was actually considered in early transit committee meetings. We do not know why the idea was rejected nor do we know the anticipated time line. The purpose of the TODD District is to permit multi-level, mixed-use development in the area surrounding the South Miami Metro-Rail transit station. The TODD District is designed to encourage a mix of high density uses, specifically residential, retail and office uses. The TODD District allows as many units per acre as can be provided with parking There are minimum requirements,for unit sizes. Unit Tyne Minimum Unit Size Efficiency/Studio 400 One Bedroom 550 Two Bedroom 700 Three Bedroom 850 TODD Garages. Freestanding garages may not exceed 6-levels in height. TODD Limits on Uses. No single use in the TODD District may exceed a gross floor area of 80,000 square feet, except residential uses. TODD Height. TODD (MU-4) District is limited to 2-story maximum. The maximum height of TODD (MU-5) is restricted to 4-stories, or up to 8-stories as permitted with bonus. • The Code allows that for every 1 floor of residential use it is possible to add 1 additional floor of residential as long as the minimum parking requirement of 2 cars per unit is provided. • The Code also provides that if underground parking is provided the development is entitled to 2 additional floors of residential. Executive Summary J. W. Harris & Company South Miami Residential Page - 7 - date: February 10, 2000 TODD Parking Requirements. Use # Spaces Residential Minimum of two (2) cars per unit. Commercial/Retail 1 space per 150 sq ft to 400 sq ft of gross floor area Office .1 space per 200 sq ft to 400 sq ft of gross floor area Conclusions /Opinions. The feasibility of the development as it is presently zoned is uncertain at best.F The land cost was much higher than originally anticipated. Construction costs continue to escalate due to shortages of both men and materials. Without any increase in the intensity, the proposed development will likely not go forward. However, if the City stands behind such a change, there is a Catch-22. If the current time line of the various contracts is not sufficient, JPI will probably not be able to renegotiate the land contracts. Two of the four ownership groups have already stated that they sold too cheap! The key to success is how long will it take to change the use and zoning and gain site plan approval. Real Estate Taxes. The proposed 193 unit 4-story product is projected to generate over $600,000.00 per year in real estate taxes. If the City agrees to a change in use and zoning allowing for the development of a 6-story product, the real estate tax payments should increase accordingly. Executive Summary I W. Harris & Company South Miami Residential Page - 8 - date: February 10, 2000 List of Property Being Purchased. Block 15 / South Miami (Summary of all land being purchased by JPI) Lot(s) Lot Area Owner Folio # Sq Ft 8 6,900.00 Montana 09-4025-028-1970 9 6,900.00 Montana 09-4025-028-1980 10 6,900.00 Montana 09-4025-028-1990 14,15 13,800.00 Montana 09-4025-028-2020 16,17 13,800.00 Montana 09-4025-028-2030 18,part 19 8,485.00 Montana 09-4025-028-2040 part 19,20 8,764.00 Montana 09-4025-028-2041 Sub-Total 65,534.00 3,4 5,998.00 Elias Gwynn M & R A 09-4025-028-1940 23,24,25 9,060.00 Elias Gwynn M & R A 09-4025-028-2050 7 3,450.00 A Building Inc/CR 09-4025-028-1960 5,6,21,22 12,001.00 A Building Inc/CR 09-4025-028-1950 Sub-Total 30,509.00 12 6,900.00 Sontag Michael W/TR 09-4025-028-2010 13 6,900.00 Sontag Michael W/TR 09-4025-028 72011 4-,4 6,059.00 salma no nmc m4'�ozn 11 6,900.00 Levin William & Rita/HW 09-4025-028-2000 Sub-Total 20,700.00 Total Sq Ft Land 116,743.00 FAR = 1.6 Total Sq Ft of Bldg 186,788.80 f ® CITY OF SOUTH MIAMI D INTER-OFFICE MEMORANDUM To: Honorable Chair& Local Date: Sept. 22, 2000 Planning Agency Members From: Subrata Basu Re: Comprehensive Plan Future Assistant City Manager/ Land Use Map Amendment Director of Planning (Deferred from 8-29-00 meeting) ITEM: LPA-00-001 Applicant: JPI Apartment Development, L. P. Request: Consideration of an application to amend the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use category from the Mixed-Use Commercial Residential (four-story height) category to the TODD, Transit Oriented Development District category (Flexible height up to eight stories) on a 2.68 acre vacant site, said property being legally described as Lots 3 through 25, Block 15, LARKINS TOWNSITE SUBDIVISION. The site is generally bounded on the north by S.W. 691h St., on the east by S.W. 59th P1., on the south by S.W. 70th St., and on the west by S.W. 61St Ave. The purpose of the application is to allow for the future construction of a six-story student residential apartment building. SUMMARY OF REQUEST The applicant JPI Apartment Development, L.P. is proposing to construct a six story residential apartment building with 306 dwelling units and 3,000 sq.ft. of retail. The apartment building is designed to cater to the graduate and married students of the University of Miami and young professionals who are looking for the convenience of the Metro-Rail and have easy access to most necessities within walking distance The subject property has a current Land Use designation of "Mixed Use Commercial Residential" and a current zoning designation of "MO", Medium-Intensity Office. The development as proposed requires that the site's current Future Land Use Map category be changed to the "Transit-Oriented Development District (TODD)" category. If the proposed Land Use Map amendment is approved by the City, the developer will then be required to file an application requesting a zoning change from the existing "MO", Medium-Intensity Office District to the "TODD (MU-5)", Transit-Oriented Development District-Mixed Use. Future Land Use Map Amenctment JPI Apartment Development, L.P. September 22, 2000 Page 2 of 7 BACKGROUND: COMPREHENSIVE PLAN AMENDMENTS All proposed development projects must be compatible with the policies contained within the Comprehensive Plan and with the land use categories listed in the Plan and as shown on the Future Land Use Map (FLUM). A property owner or developer may want to use a property for a use, which is not permitted in or exceeds the standards specified for the land use category applicable to the site. This will require, as is the situation of the subject application, an amendment to the Future Land Use Map of the City's Comprehensive Plan. An amendment to the City's Comprehensive Plan Document or the Future Land Use Map requires the adoption of an ordinance by the City Commission after receiving a recommendation from the City's Local Planning Agency (Planning Board) and after review and comments have been received from the Florida Department of Community Affairs (DCA). The review carried out by DCA and other related State and County agencies is done between first and second readings of the ordinance. Florida State Statutes also require special advertisement and public notice procedures when processing a comprehensive plan amendment. The review process for a Comprehensive Plan Future Land Use Map amendment differs from the process used to review zoning district changes, variances, and site plans. A future land use map amendment review is concerned with the following basic issues: 1) compatibility of the proposed use with surrounding uses; 2) compatibility of the proposed density and height to the limits contained in the Plan; 3) impact of the proposed use on the City's infrastructure and; 4) is the amendment compatible with and does it advance the City's objectives and policies contained in the Comprehensive Plan. The Land Use Map amendment is a pre-requisite for a future zoning district change application, which will specifically allow for the new development. During the zoning change review process, issues related to the specific project, such as, mix of uses, architectural style, building design, set backs, landscaping, open space, pedestrian/vehicular access, building height, and density can be considered. COMPARISON OF LAND USE CATEGORIES The applicant's request to amend the Future Land Use Map is a result of limitations contained in the City's Comprehensive Plan for the existing land use category. The category in which the proposed development site is located, the Mixed-Use Commercial/Residential mandates mixed use development (office, retail, residential) whereas the proposed development is primarily a residential development with limited amount of retail. The proposed development deviates from the standards set forth in the Comprehensive Plan for the Mixed-Use Commercial/Residential land use category. The proposed development is more appropriate for the TODD Land Use category and meets the standards set forth for TODD. At six stories the project exceeds the maximum height of four stories for Mixed-Use Commercial/Residential category but is within the TODD height limitation of maximum of eight Future Land Use Map Amendment JPI Apartment Development, L.P. September 22, 2000 Page 3 of 7 stories. The existing land use of Mixed-Use Commercial/Residential further mandates that all developments shall be subject to 1.6 Floor Area Ratio, and a maximum residential density of 24 units per acre. The density of the proposed project of 114 units per acre resulting in a F.A.R. of 2.0 will exceed the maximum permitted standards of the existing land use category. TODD on the other hand does not impose development limitations in the form of F.A.R. or dwelling units per acre. Therefore the 114 units per acre and the F.A.R. of 2.0 would be permissible if the parking requirements are met. A full description of these categories also appears on p.23 of the Comprehensive Plan (copy of the page is attached to this report). SITE ANALYIS Surrounding Parcels Existing Land Use Existing Zoning Actual Use North Multifamily Residential RM 18 Residential Condominium Low density multi-family 117 units;2 stories 4 story permitted East TODD TODD(MU-4)/ Transit Oriented Post Office/one story Development mixed use/ 2 story permitted South Mixed Use Commercial/ MO/Medium Intensity office Hotel;Offices Residential 4 story permitted Mostly 4 stories West Mixed Use Commercial/ H/ Hospital/ height compatible Hospital parking lot Residential w/surrounding area The subject property is vacant and encompasses the entire block with the exception of Lots 1 and 2, located at the northeast corner of the block. This two-lot parcel occupied by a one story commercial building is currently being used as a dentist office and is excluded from this application. The site does not have any significant feature other than the fact that a number of large mature trees are scattered through out the site. A current tree survey will be required prior to zoning hearing. HISTORY OF SITE The City's records indicate that most of the structures on this site were built during the periods of 1920-39 and 1950-59. There were single-family residences facing SW 70th Street and SW 69th Street with commercial uses facing SW 59th Place. All of these buildings have been demolished except for the one-story commercial building at the NE corner of the site. In 1980, the subject site was part of the planning area for the South Miami Station Area Profile, a part of the Dade County Station Area Design and Development Program. The report issued at that time, designated the block as an opportunity area as a secondary commercial district where significant redevelopment could occur. Future Land Use Map Amendment JPI Apartment Development, L.P. September 22, 2000 Page 4 of 7 The City's 1989 Comprehensive Plan identified the subject property in the Future Land Use Map as "Medium-Intensity Office," four-story maximum height. In 1994, the adopted "Hometown Plan Area 2" refers to the subject area in a section on the height of buildings and in a section outlining specific proposals. The first reference addresses how the City should respond to proposals which exceed four stories in height; the second addresses potential uses for the block (mixed use with residential uses facing north). Excerpts from this plan document (pp 15, 20) are attached. In 1996, the subject block was part of a larger Comprehensive Plan amendment, which changed the Future Land Use Category from Medium-Intensity Office Use to a new category, "Mixed- Use Commercial/Residential." This amendment to the Comprehensive Plan was part of the City's Evaluation and Appraisal Report, subsequently adopted by the City in 1997. The new land use category was created to implement development concepts from the Hometown Two Charrette. In 1998, upon suggestions from the Department of Community Affairs, the Land Use category was amended to include development standards of 1.6 F.A.R. for the total development including 24 dwelling units per acre. CURRENT PLANNING The City's Zoning Task Force is in the process of reviewing the entire Land Development Code. Its recommendations are expected to be completed by February 2001. A subcommittee of the Task Force is currently examining, in detail, the TODD zoning district. The subcommittee has had preliminary discussions on expanding the TODD (zoning district and land use district) to include additional blocks, including the site subject to this application. The subcommittee is also discussing allowing for building heights to transition from four to eight stories. The eight stories would be limited primarily along the properties abutting the transit station, four stories along the outer limits of the TODD boundaries with possibilities of some six stories in between. It is important to note that these discussions are only preliminary and have not been recommended by the full Task Force. PROPOSED AMENDMENT REVIEW 1. Compatibility of Use: The proposal to place a residential development on this site is permitted by the definition of the TODD Future Land Use Category. A residential development at this location would take full advantage of being adjacent to the transit station and within walking distance of shops, post office, hospitals, restaurants and other amenities of the downtown area. The use would also provide a transition between lower density residential to the north and commercial development to the south. 2. Compatibility of Density/Heig_ht: The TODD land use category allows for a maximum height of eight stories. The proposal to build six stories is within the height limits of the TODD. The TODD does not specify limits on residential density, which is generally expressed in terms of units per acre. The developer has indicated that the project is contemplated to be 306 units, or 114 units per acre. The specific density would be reviewed Future Land Use Map Amendment JPI Apartment Development, L.P. September 22, 2000 Page 5 of 7 as part of a future zoning use district change for the same property. 3. Impact on Public Facilities: An important element of the land use map amendment is to assess the impact of the contemplated development on the public infrastructure serving the site. The developer, as part of his submission requirements, has submitted a public facilities report, which compares the infrastructure impact of the proposed development with what could be built under the existing land use and zoning use districts. (See attached.) For purposes of this report, presented below is information on the impact of the proposed development public facility capacity. a) Park/Recreation Facilities Project 700 persons, requires additional 2.8 acres LOS: City Comprehensive Plan: 4 acres per 1000 pop. Capacity: sufficient: (Existing 52.2 acres, Required 42 acre before this project) b) Schools Project impact: 41 additional students Capacity: School impact mitigation plan to be proffered by applicant (see Public Schools letters dated 8/17/2000 and 8/18/2000 attached) c) Solid Waste Project: 439.14 tons/annually; LOS: Determined by Miami-Dade County Capacity: sufficient. d) Wastewater(Sewer) Project: 61,215 gallons/per day; LOS: Determined by Miami-Dade County Capacity: sufficient. e) Potable Water Project: 61,215 gallons/per day; LOS: Determined by Miami-Dade County Capacity: sufficient f) Traffic/Streets Project: 2399 Average Daily Trips Capacity: sufficient Florida Department of Transportation review letter attached dated 8/18/2000 4. Compatible with Comprehensive Plan. A proposed Future Land Use Map Amendment should be compatible with and advance the goals and policies contained in the City's Comprehensive Plan. The proposed amendment is consistent with and supports the following goals and policies: Goal 1 To assure the availability of sound and affordable housing for all current Future Land Use Map Amendment JPI Apartment Development, L.P. September 22, 2000 Page 6 of 7 and future residents of the City of South Miami with special focus on infill and redevelopment and to include housing units in the Hometown District. (HOUSING) Policy 1.3.6 The City and the County will jointly support development in the Rapid Transit Zone in order to encourage mixed-use residential multi-family projects containing affordable housing units.(HOUSING) Policy 2.1.4 Discourage urban commercial sprawl by promoting growth in the core area surrounding the Metrorail transit station by creating a district for the new growth which is contained and transit-oriented, thereby relieving the pressure for commercial re-zonings outside of this core area.(LAND USE) Goal To achieve a tax base adequate to support a high level of municipal services via increased mixed-use and flexible building heights in conjunction with a Transit-Oriented Development District [TODD]. (LAND USE) STAFF OBSERVATIONS 1. The proposed amendment is consistent with and supports the goals and policies of the City's Comprehensive Plan. 2. The property is located in the Community Redevelopment Area. The application will be presented to the Community Redevelopment Agency (CRA) Board on September 11, 2000 for its review and comments. The amendment request and the proposed project are consistent with the goals and objectives of the CRA Board. 3. Any future development on this site will have to have a mitigation plan for the mature trees on site. 4. The existing land use category, Mixed Use Commercial/Residential, mandates a mix of uses in order to create an active urban fabric. TODD on the other hand encourages mixed use development but does not mandate it. In the context of a transit oriented district mixed use developments are generally preferable. However, a residential development with adequate service related commercial serving the residential development and the surrounding community, creating a mix of uses, is highly desirable. Such a development provides the "eyes on the street" active street life by providing activities not limited to only certain hours of the day and is transit supportive. 5. A residential development, which introduces into the neighborhood a critical mass of additional residents (primarily graduate students, married students, young professionals) will create a social and economic synergy that would be beneficial to the immediate area where the project is located and to the vitality of the community at large. The proposed Future Land Use Map Amendment JPI Apartment Development, L.P. September 22, 2000 Page 7 of 7 development has the strong potential for acting as a catalyst for further developments in the area to improve the quality of life and to create a safer neighborhood. 6. The traffic pattern from a residential development is generally more dispersed through out the day and night and has less impact on peak traffic. 7. The proposed amendment, which would allow for the placement of a residential building at this site, would be compatible with the surrounding properties. The extension of the TODD future land use category to this site is appropriate based upon the need to encourage new development in the vicinity of the transit station. 8. The proposed density/ height of the project would be permitted by the TODD land use category. If the amendment is approved, the applicant will be required to submit a zoning map change from "MO"to "TODD". At that time it would be appropriate for the City to carefully review the proposed height, density, site plan and architectural elements of the building. 9. There is no site plan information currently submitted, nor is it a requirement of the Comprehensive Plan amendment request. While higher density is an appropriate goal near a mass transit station, the extent of the density and the manner in which it is integrated into the design of the project and the neighborhood is vitally important and will be reviewed and examined in greater detail through the rezoning process. RECOMMENDATION: It is recommended that the proposed Comprehensive Plan Future Land Use Map (FLUM) amendment be approved. Attachments: Application Letter of Intent City's letter dated July 18,2000 Applicant's response dated August 14,2000 Letters responding to request for market analysis Letters from Miami Dade Public Schools dated August 17 and 18,2000 Letter from Florida Dept. of Transportation dated August 18,2000 Survey Comprehensive Plan/page 23 Excerpt from Hometown Plan Area 2(Nov 1994)/pages 15 and 20 Excerpt from Station Area Profile(Fall]980) Copies of Public Notices K\PB\2000\Agenda\08-29-00\staff report\LPA-00-001 Comp Plan Amend COURTESY SUMMARY NOTICE CITY OF SOUTH MIAMI Planning and Zoning Department 6130 Sunset Drive, South Miami, Florida 33143 Phone: (305) 6639-6326; Fax #: (305) 666-4591 On Tuesday, September 26, 2000, at 7:30 P.M. the City of South Miami Local Planning Agency/Planning Board will conduct Public Hearings in the Commission Chambers at the above address on the following items: (1) LPA-00-001 (Deferred from.LPA Meeting 8-29-00) x Applicant:JPI Apartment Development, L.P. Consideration of an application to amend the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use category from the Mixed-Use Commercial Residential (Four-story height category to the TODD, Transit Oriented Development District category (Flexible height up to `stories) on a 2.68 acre vacant site, said property being legally described as lots 3 through 25, Block 15, LARKINS TOWNSITE SUBDIVISION. The site is generally bounded on the north by S.W. 691" St., on the east by S.W. 591" PI., on the south by S.W. 70" St., and on the west by S.W. 615' x. Ave. The purpose of the application is to allow for the future construction of a six-story i student residential apartment building. i (2) LPA-00-002 COMPREHENSIVE PLAN AMENDMENT Applicant: City of South Miami o An ordinance of the Mayor and City Commission of the City of South Miami, Florida, r relating to an amendment to the adopted South Miami Comprehensive Plan in order to t update certain sections of the Plan pertaining to the South Miami Community m Redevelopment Area; more specifically to revise the Comprehensive Plan Land Use UJ W Element to include information, goals, objectives, policies, and boundaries for the South w Miami Community Redevelopment Area and to provide a map identifying the South ` } Miami Community Redevelopment Area as an Urban Infill and Redevelopment Area; i c ` providing for renumbering and/or combination parts of this ordinance with other Nl sections or parts of the South Miami Comprehensive Plan; providing for severability; providing for ordinances in conflict; and providing for an effective date I E 3) PB-00-016 Applicant: Ernest Llerandi, on behalf of Las Delicias de Espana L Resolution of the Mayor and City Commission of the City of South Miami, relating to a r request pursuant to Section 20-3.4.9(b)(4)(b) of the Land Development Code for a 3 special use approval to locate a general restaurant in the "GR" general retail district 3 specifically at 4016 and 4020 S.W. 571"Avenue. .e (4) PB-00-017 Applicant: Ernest Llerandi, on behalf of Las Delicias de Espana A Resolution of the Mayor and City Commission of the City of South Miami, relating to a - request pursuant to Section 20-5.9(G)(7) of the Land Development Code for a variance to waive the 14 off-street parking spaces required for a general restaurant specifically located at 4016 and 4020 S.W. 571"Avenue. For more information regarding these applications or any matter, please call (305)663-6326 All interested parties are urged to attend. Objections or expressions of approval may be made in person at the hearing or filed in writing prior to or at the hearing.The Planning Board reserves the right to recommend to the City Commission whatever the board considers in the best interest for the area involved. Interested parties requesting information are asked to contact the Planning and Zoning Department by calling 663-6326 or writing to the address indicated above. You are hearby advised that if any person desires to appeal any decision made with respect to any matter considered at this meeting or hearing, such person will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to based (F.S. 286.01;06 Refer to kati6' nurrtber when r aliing anyinqutry. a x Y t s ,;-:, t 7 �. ;tea,S r l-_ --. .-.-.-_ -_ .G,j.�-.✓.r J.s,.+.r ..-1 c.�-...-• _J. COURTESY SUMMARY NOTICE ® CITY OF SOUTH MIAMI ® Planning and Zoning Department 6130 Sunset Drive, South Miami, Florida 33143 Phone: (305) 663-6326; Fax#: (305) 666-4591 On Tuesday, September 26, 2000, at 7:30 P.M. the City of South Miami Local Planning Agency / Planning Board will conduct Public Hearings in the Commission Chambers at the above address on the following items: (1) LPA-00-001 (Deferred from LPA Meeting 8-29-00) Applicant : JPI Apartment Development,L. P. Consideration of an application to amend the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use category from the Mixed-Use Commercial Residential (Four-story height) category to the TODD, Transit Oriented Development District category (Flexible height up to 8 stories) on a 2.68 acre vacant site, said property being legally described as Lots 3 through 25, Block 15, LARKINS TOWNSITE SUBDIVISION. The site is generally bounded on the north by S.W. 69" St., on the east by S.W. 59t' Pl., on the south by S.W. 70" St., and on the west by S.W. 61"Ave. The purpose of the application is to allow for the future construction of a six-story student residential apartment building. (2) LPA-00-002 COMPREHENSIVE PLAN AMENDMENT Applicant : City of South Miami An ordinance of the Mayor and City Commission of the City of South Miami, Florida, relating to an amendment to the adopted South Miami Comprehensive Plan in order to update certain sections of the Plan pertaining to the South Miami Community Redevelopment Area; more specifically to revise the Comprehensive Plan Land Use Element to include information, goals, objectives, policies, and boundaries for the South Miami Community Redevelopment Area and to provide a map identifying the South Miami Community Redevelopment Area as an Urban Infill and Redevelopment Area; providing for renumbering and/or combination parts of this ordinance with other sections or parts of the South Miami Comprehensive Plan; providing for severability ; providing for ordinances in conflict; and providing for an effective date (3) PB-00-016 Applicant: Ernesto Llerandi, on behalf of Las Delicias de Espana Resolution of the Mayor and City Commission of the City of South Miami, relating to a request pursuant to Section 20-3.4(b)(4)(b) of the Land Development Code for a special use approval to locate a general restaurant in the"GR" general retail district specifically at 4016 and 4020 S. W. 57" Avenue. (con't) (2) (4) PB-00-017 Applicant: Ernesto Llerandi, on behalf of Las Delicias de Espana A Resolution of the Mayor and City Commission of the City of South Miami, relating to a request pursuant to Section 20-5.9(G)(7) of the Land Development Code for a variance to waive the 14 off-street parking spaces required for a general restaurant specifically located at 4016 and 4020 S.W. 57" Avenue. For more information regarding these applications or any matter, please call (305) 663-6326 All interested parties are urged to attend. Objections or expressions of approval may be made in person at the hearing or filed in writing prior to or at the hearing. The Planning Board reserves the right to recommend to the City Commission whatever the board considers in the best interest for the area involved. Interested parties requesting information are asked to contact the Planning and Zoning Department by calling 663-6326 or writing to the address indicated above. You are hereby advised that if any person desires to appeal any decision made with respect to any matter considered at this meeting or hearing, such person will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based(F.S.286.0105). Refer to hearing number when making any inquiry. ......................... .......................... .......................... .......................... ........................... ........................... CITY OF SOUTH MIAMI NOTICE OF COMPREHENSIVE PLAN AMENDMENT NOTICE OF PUBLIC HEARING All interested persons are hereby notified that the City of South Miami Planning Board acting in its capacity as the Local Planning Agency (LPA) at a meeting scheduled for Tuesday, September 26, 2000, commencing at 7:30 PM in the City Commission Chamber, City Hall 6130 Sunset Drive, South Miami, Florida 33143, will conduct a public hearing on the following proposed Comprehensive Plan amendment : LPA-00-002 COMPREHENSIVE PLAN AMENDMENT Applicant : City of South Miami AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT TO THE ADOPTED SOUTH MIAMI COMPREHENSIVE PLAN IN ORDER TO UPDATE CERTAIN SECTIONS OF THE PLAN PERTAINING TO THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AREA; MORE SPECIFICALLY TO REVISE THE COMPREHENSIVE PLAN LAND USE ELEMENT TO INCLUDE INFORMATION, GOALS, OBJECTIVES, POLICIES, AND BOUNDARIES FOR THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AREA AND TO PROVIDE A MAP IDENTIFYING THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AREA AS AN URBAN INFILL AND REDEVELOPMENT AREA; PROVIDING FOR RENUMBERING AND/OR COMBINATION PARTS OF THIS ORDINANCE WITH OTHER SECTIONS OR PARTS OF THE SOUTH MIAMI COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILITY ; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE The purpose of the public hearing is to assist the Local Planning Agency in making a recommendation to the City Commission regarding the proposed amendment and its transmittal to the Florida Department of Community Affairs. Copies of the amendment package are available, for review prior to the public hearing in the City's Planning & Zoning Department, which is located at City Hall, 6130 Sunset Drive, South Miami, Florida 33143, second floor. All interested parties may appear and be heard at the hearing. Parties are invited to submit written comments and materials in consideration of their views (F.S. 163.3184). You are hereby advised that if any person desires to appeal any decision made with respect to any matter considered at this meeting or hearing, such person will need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). For more information regarding this proposed amendment or any matter, please call (305) 663- 6344 x/11/2000 07:51 305-859-8410 JW HARRIS PAGE 01 J.W. Harris & Company 2445 South Bayshore Drive• Suite 702•Coconut Grove,lZ 33133 Ucensed RM Estate Broker Telephone,305.859.$420•Facsimile:305.859.8410 Licensed Mortgage&okcr email:j vharrisQb4i5outh.net FACSIMILE MEMORANDUM TO: SuBRATA BAsu/FAX# 305) 666-4591 From Tony White/Facsimile k 305.859.8410 Total number of pages(including cover letter): 2 Ifyou have any problems or want a hard copy of this fax,please call 305.859.8420. Date: September 11,2000 Re: FYI x109/11/2000 07:51 305-859-8410 JW HARRIS PAGE 02 SEP 07 '00 18*-03 FR JP? ' A NICE DAY 9725566952 TO 913' 598410-110 P.02i02 nam'mow' y fwOwlCFNw" September 6,2000 George Elias Via Facsimile 305-356.9752 Richard Elias Via Facsimile 305-535-1660 Gwynn Elias Via Facsimile 305-661-5791 Rita Levin Via Facsimile 305-233-9473 RE:JPI Deter Sirs and Madams: I wanted to thank Babe and Rita for taidng the dw to meet with me last weeL As we discussed,JP1 is fivstrated and disappointed by your recent actions.JPI would prefer to move forward and develop the entire parcel as we currently have assembled.To do so, JPI requests that you.your agents(e.g.,Patty Chimelis),and Jay Taplin cease all interference with JPI's Condition Precedent process.In addition,JPI requests a lever to City of South Miami retracting All allegations made in Jay Taplin's letter dated August 29,2000 addressed to Subrata Basu.JPI remains committed to the development of your property and anticipates closing on your property as called for in the contract. I respect your request for an increase in the purchase price of the contracts,but as we discussed last week and as you discussed with John Cutrer in June,our development will not support any increase in the Purchase Price. As you have breached the contracts,JPI is prepared to exercise all remedies available under the contracts. Again,I want to strongly indicate to you that JPI wants to continue wit&the development of your property and avoid legal action.Please provide a response to me by no later than Monday,September 11 on what your final position is on this matter. I can be reached at 972-556-8963 office,214-683-9304 mobile,or 972-556-8963 fax. Sincerely, Addo m Gentner JPI Development 600 East Les Colinas Blvd.•Suite 1600.1rving,TX 75039•(972)556-1700•Fax(972)556.3784•www.jpi.com TOTFL PAGE.02 w-* AUG-29-2000 15:46 P.01iO3 Law VMces 1 Adam$ Orlando Providence& KOHT LLP k -.0'n an� Chicago Seattle One East Broward Boulevard Fort Lauderdale St.Petersburg L P.O.Box 14070(ZIP 88802-4078) Jacksonville Tallahasaee Fort Lauderdale,Florida 33301 Lakeland Tampa Loa Angeles Tokyo Melbourne Washington,D.C. 964-626-1000 Mexico City West Palm Beach FAX 954-463-2030 Miami New York 9"M mtsdVa osm"; Northern Virginia Tal Avi A"°° Td Aviv FACSIMILE TO: If you did not receive all of City of South Miami The pages or find that they Subrata Basu Planning&Zoning are illegible,please call NAME COh1PANY/FIRM South Miami F, (S54)526-1000 CITY STATE (305) 6664691 FAX NUMBER TELEPHONE NUMBER FROM: CONFIDENTIALITY NOTICE: This facsimile,along with any Jay A. Taplin (854) 468-7818 documents,files,or attachments, NAME TKU-PHRONE NUMBER may contain information that is confidential,privileged,or otherwise exempt from $ disclosure,If you are not the TOTAL NUMBER OF PAGES(Including Cover Sheet) intended recipient,or a person responsible for delivering it to the intended recipient,you are hereby notified that any MESSAGE: disclosure,copying,printing, distribution or use of any Letter re Applicant-JPI Apartment Development, information contained in or L.P. attached attached to this facsimile is STRICTLY PROHIBITED.If you have received this facsimile in error,please immediately notify us by facsimile or by telephone collect at the numbers stated above,and destroy the original facsimile and its attachments without reading,printing,or saving in any manner.Your cooperation is appreciated. Thank you. FOR,THE RECORD: DATE: August 29,2000 URGENCY., 0 SUPER RUSH I I RUSH o REGULAR FAXED BY: AMOUNT: CLIENT#: 70563 MA'T`TER.#: 1 CONFIRMED:0 YES ONO NAME: TIME: ��� .. � • ., ., �, 1 f �. - � - �. P ,.. it .� AUG-29-2000 15:47 P.02iO3 Law Offices HOLLAND & ItLgGHT LLP Atlanta Whom Virginia Boston Orlando Bradenton Providence One East Broward Boulevard,Suite 1300 Chicago San Francisco P0.Box 14070(ZIP 333024010) Fort Lauderdale St.Petersburg Fort Lauderdale,Florida 331301 Jacksonville Tallahassee Lakeland Tampa 954-525.1000 Melboume Washington,O.C. FAX 954-463.2030 Mexico City West Palm Beach www.hklaw.com Miami Aepresenraove OMM New York tkmrxs" Td" August 29, 2000 JAY A.TAPLIN 954-468.7818 Internet Address: jtaplin@hklaw.com VGA F (305) 666-4591 Mr. Subrata Basu Director of Planning and Zoning City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Re: Applicant: JPI Apartment Development, L.P. Request: Consideration of an application to amend the Future Land Use Map of the South Miami Comprehensive Plan by changing the future .land use category from the Mixed-Use Commercial Residential category to the TODD, Transit Oriented Development District category Owner: William &Rita Levin Lot 11, Block 15, Larkins Townsite Subdivision, City of South Miami, Miami-Dade County, Florida Owner: George Elias, Jr., Esq.,]R,ichard A. Elias and Gwynn M. Elias Lots 3, 4, 5, 6, 7, 21, 22, 23, 24 and 25 of Block 15, Larkins Townsite Subdivision, City of South Miami, Miami-Dade County, Florida Dear Mr. Basu: We represent the above, parties who have entered into Contract(s) of Sale for the sale of the above-referenced properties with JPI Apartment Development, L.P. ("JPI"). Our clients have been advised that JPI has made application to the City of South Miami for a land use change, which was not contemplated nor permitted by AUG-29-2000 15:47 P.03iO3 Mr. Subrata Basu August 29, 2000 Page 2 the Contract(s) of Sale. Our clients have not given JPI a power of attorney nor have they signed any application for land use change, nor have they otherwise consented to the application. We have advised JPI of the foregoing. It is our clients' understanding that this item has been placed on the agenda for the Planning Board Meeting of August 29, 2000, without contractual authority and without the consent of our clients, who felt it necessary to notify you of the foregoing. Very truly yours, HOLLAND & KNIGH ph, cc: William and Rita Levin (via fax) George Elias, Jr., Esq. (via fax c/o Babe Elias) Richard Elias (via fax c/cl Babe Elias) Gwynn M. Elias(via fax clo Babe Elias) Earl Gallop, City Attorney (via fax) FTLI#606838 v1 TOTAL P.03 -•�_/-�`�', ,li( 6V/� �i=����� ��7 ��` li'b✓/,r� -r r- '1%� � � � Cf/yl�.d"f'7 L/ /�/ `; /� i J�� c /�✓!� �f���,1/�'� rf�i °i /Miami Herald Online Monda7.,Augus t 21,2000 9:09" M JPage�1of 4� (� liU}i.:/lwiviv.lierald:coin/ Z/jam/2 < 0 p r� //, f ,5>' / ��. `?� �i Z ✓=�/ S. n a rN" '1 t!g t t l/Il p L/ e�7 A; 2/i'!" ,� lit/ — c� MIai'nr.com (B rawa r dc a m He`r'ald Cars Real Estate { Careers Archives Yello Pages. Marketplace -y� r Z) �V� FW ,f/ I/ A /r v % p� L �l7 •v+t�¢✓ . 2 c 17)�?corgi Are, Y�te m€P ate"✓ 0 � !/c 6e� �/'- `j11� .2 IlcZP�CT3 02�'� C 7 ��sT �n� it, -/i�q��ecc� r2� R/7��df�✓'v 1,6 le �y Ab �.� 16 le a c/i �or a-tz a.rz�?l-t/el!� 7-K $ Fwd:Hi are you all on vacation? , Monday,August 21 D 8:29:54 PM • Page 2 of 2 Web'f Network �^ - c��i(/e�B�S ?� V-- 'W 'T-z 0 �12C C/°C� �-t°c? 47'li�n c5� C° C•CGS L°i 7'1—A�� T cYle VC,-1<31<6�lr Ui �c�� ate / aro�� 7"e�T � zVt e� 'Y S o,�/ � �Q'C°ic C/-z,/ �i �07" � 140 G mac,/� �/� �- r e Cr 72- T^YL Co 07/' �/ T2-�T/ - C © XI-Z ev 1-,,Al 7 Z, � a.o/e 0,7Z' C d OA 7z ��`S Planning Board Members: This is the Facilities Impact report submitted with the application. Your attachment has some revised data based on the City's request for clarification dated 7/18/2000. Please return the report for re-use. If you wish to have copy for your file, please let us know. Thank you. SUPPLEMENTAL INFORMATIOIN JPI COMP. PLAN. AMENDMENT REPORT NOTE: The gallon usage figures for wastewater(sewer) and potable water quoted on p.5 of the Comp. Plan report are for "daily" not annual. SANITARY SEWER(Info. Provided by Bob Ready, WASA) a) p.102 Comp. Plan; updated data follows; b) City generates 2,080,000 gallons per day c) JPI project represents'a usage of 61,215 gallons per day or approx. 3% of City's daily usage d) Miami-Dade WASA can treat/has a capacity of 352,000,000 gallons a day; actual daily flow (used) is 309,000,000 gallons per day e) the JPI project represents less than 1/100th of 1% of the remaining capacity. f) Capacity is sufficient POTABLE WATER(Info. Provided by Bob Ready WASA) a) p.106Comp. Plan; updated data follows; b) City consumes 2,080,000 gallons per day c) JPI project represents a usage of 61,215 gallons per day or approx. 3% of City's daily usage d) Miami-Dade WASA can provide 497,000,000 gallons a day; actual daily flow consumption is 340,000,000 gallons per day e) the JPI project represents less than 1/1000th of 1% of the remaining capacity. f) Capacity is sufficient SOLID WASTE(info. Provide by Debra Silver,MDSW Dept.) ) p.103 Comp. Plan; updated data follows; b) City generates 38 tons per day, or 13,870 tons per year. c) JPI project will generate 439 tons of solid waste per year or approx. 3% of City's total d) Miami-Dade WASA has a current year capacity of 18 million tons annually; actual tonnage demand is 1.6 million tons annually. e) the JPI project represents less than 1/1000th of 1% of the remaining capacity. f) Capacity is sufficient SUPPLEMENTAL INFORMATIOIN JPI COMP. PLAN. AMENDMENT REPORT NOTE: The gallon usage figures for wastewater(sewer) and potable water quoted on p.5 of the Comp. Plan report are for "daily" not annual. SANITARY SEWER(Info. Provided by Bob Ready, WASA) a) p.102 Comp. Plan; updated data follows; b) City generates 2,080,000 gallons per day c) JPI project represents a usage of 61,215 gallons per day or approx. 3% of City's daily usage d) Miami-Dade WASA can treat/has a capacity of 352,000,000 gallons a day; actual daily flow (used) is 309,000,000 gallons per day e) the JPI project represents less than 1/100th of 1% of the remaining capacity. f) Capacity is sufficient POTABLE-WATER(Info. Provided by Bob Ready WASA) a) p.106Comp. Plan; updated data follows; b) City consumes 2,080,000 gallons per day c) JPI project represents a usage of 61,215 gallons per day or approx. 3% of City's daily usage d) Miami-Dade WASA can provide 497,000,000 gallons a day; actual daily flow consumption is 340,000,000 gallons per day e) the JPI project represents less than 1/1000th of 1% of the remaining capacity. f) Capacity is sufficient SOLID WASTE(info. Provide by Debra Silver,MDSW Dept.) ) p.103 Comp. Plan; updated data follows; b) City generates 38 tons per day, or 13,870 tons per year. c)JPI project will generate 439 tons of solid waste per year or approx. 3% of City's total d) Miami-Dade WASA has a current year capacity of 18 million tons annually; actual tonnage demand is 1.6 million tons annually. e) the JPI project represents less than 1/10001h of 1% of the remaining capacity. f) Capacity is sufficient i CITY OF SOUTH MIAMI ® INTER-OFFICE MEMORANDUM To: Honorable Chair& Local Date: August 22, 2000 Planning Agency Members From: Subrata Basu Re: Comprehensive Plan Future Assistant City Manager/ Land Use Map Amendment Director of Planning ITEM: LPA-00-001 Applicant: JPI Apartment Development, L. P. Request: Consideration of an application to amend the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use category from the Mixed-Use Commercial Residential (four-story height) category to the TODD, Transit Oriented Development District category (Flexible height up to eight stories) on a 2.68 acre vacant site, said property being legally described as Lots 3 through 25, Block 15, LARKINS TOWNSITE SUBDIVISION. The site is generally bounded on the north by S.W. 69th St., on the east by S.W. 59th Pl., on the south by S.W. 70th St., and on the west by S.W. 61" Ave. The purpose of the application is to allow for the future construction of a six-story student residential apartment building. SUMMARY OF REQUEST The applicant JPI Apartment Development, L.P. is proposing to construct a six story residential apartment building with 306 dwelling units and 3,000 sq.ft. of retail. The apartment building is designed to cater to the graduate and married students of the University of Miami and young professionals who are looking for the convenience of the Metro-Rail and have easy access to most necessities within walking distance The subject property has a current Land Use designation of "Mixed Use Commercial Residential" and a current zoning designation of "MO", Medium-Intensity Office. The development as proposed requires that the site's current Future Land Use Map category be changed to the "Transit-Oriented Development District (TODD)" category. If the proposed Land Use Map amendment is approved by the City, the developer will then be required to file an application requesting a zoning change from the existing "MO", Medium-Intensity Office District to the "TODD (MU-5)", Transit-Oriented Development District-Mixed Use. Future Land Use Map Amenament JPI Apartment Development, L.P. August 22, 2000 Page 2 of 7 BACKGROUND: COMPREHENSIVE PLAN AMENDMENTS All proposed development projects must be compatible with the policies contained within the Comprehensive Plan and with the land use categories listed in the Plan and as shown on the Future Land Use Map (FLUM). A property owner or developer may want to use a property for a use, which is not permitted in or exceeds the standards specified for the land use category applicable to the site. This will require, as is the situation of the subject application, an amendment to the Future Land Use Map of the City's Comprehensive Plan. An amendment to the City's Comprehensive Plan Document or the Future Land Use Map requires the adoption of an ordinance by the City Commission after receiving a recommendation from the City's Local Planning Agency (Planning Board) and after review and comments have been received from the Florida Department of Community Affairs (DCA). The review carried out by DCA and other related State and County agencies is done between first and second readings of the ordinance. Florida State Statutes also require special advertisement and public notice procedures when processing a comprehensive plan amendment. The review process for a Comprehensive Plan Future Land Use Map amendment differs from the process used to review zoning district changes, variances, and site plans. A future land use map amendment review is concerned with the following basic issues: 1) compatibility of the proposed use with surrounding uses; 2) compatibility of the proposed density and height to the limits contained in the Plan; 3) impact of the proposed use on the City's infrastructure and; 4) is the amendment compatible with and does it advance the City's objectives and policies contained in the Comprehensive Plan. The Land Use Map amendment is a pre-requisite for a future zoning district change application, which will specifically allow for the new development. During the zoning change review process, issues related to the specific project, such as, mix of uses, architectural style, building design, set backs, landscaping, open space, pedestrian/vehicular access, building height, and density can be considered. COMPARISON OF LAND USE CATEGORIES The applicant's request to amend the Future Land Use Map is a result of limitations contained in the City's Comprehensive Plan for the existing land use category. The category in which the proposed development site is located, the Mixed-Use Commercial/Residential mandates mixed use development (office, retail, residential) whereas the proposed development is primarily a residential development with limited amount of retail. The proposed development deviates from the standards set forth in the Comprehensive Plan for the Mixed-Use Commercial/Residential land use category. The proposed development is more appropriate for the TODD Land Use category and meets the standards set forth for TODD. At six stories the project exceeds the maximum height of four stories for Mixed-Use Commercial/Residential category but is within the TODD height limitation of maximum of eight Future Land Use Map Amenument JPI Apartment Development, L.P. August 22, 2000 Page 3 of 7 stories. The existing land use of Mixed-Use Commercial/Residential further mandates that all developments shall be subject to 1.6 Floor Area Ratio, and a maximum residential density of 24 units per acre. The density of the proposed project of 114 units per acre resulting in a F.A.R. of 2.0 will exceed the maximum permitted standards of the existing land use category. TODD on the other hand does not impose development limitations in the form of F.A.R. or dwelling units per acre. Therefore the 114 units per acre and the F.A.R. of 2.0 would be permissible if the parking requirements are met. A full description of these categories also appears on p.23 of the Comprehensive Plan (copy of the page is attached to this report). SITE ANALYIS Surroundin Parcels arcels Existing Land Use Existing Zoning Actual Use North Multifamily Residential RM 18 Residential Condominium Low density multi-family 117 units;2 stories 4 story permitted East TODD TODD(MU-4)/ Transit Oriented Post Office/one story Development mixed use/2 story permitted South Mixed Use Commercial/ MO/Medium Intensity office Hotel;Offices Residential 4 story permitted Mostly 4 stories West Mixed Use Commercial/ H/ Hospital/ height compatible Hospital parking lot Residential w/surrounding area The subject property is vacant and encompasses the entire block with the exception of Lots 1 and 2, located at the northeast corner of the block. This two-lot parcel occupied by a one story commercial building is currently being used as a dentist office and is excluded from this application. The site does not have any significant feature other than the fact that a number of large mature trees are scattered through out the site. A current tree survey will be required prior to zoning hearing. HISTORY OF SITE The City's records indicate that most of the structures on this site were built during the periods of 1920-39 and 1950-59. There were single-family residences facing SW 70th Street and SW 69th Street with commercial uses facing SW 59th Place. All of these buildings have been demolished except for the one-story commercial building at the NE corner of the site. In 1980,the subject site was part of the planning area for the South Miami Station Area Profile, a part of the Dade County Station Area Design and Development Program. The report issued at .that time, designated the block as an opportunity area as a secondary commercial district where significant redevelopment could occur. Future Land Use Map Amenament JPI Apartment Development, L.P. August 22, 2000 Page 4 of 7 The City's 1989 Comprehensive Plan identified the subject property in the Future Land Use Map as "Medium-Intensity Office," four-story maximum height. In 1994, the adopted "Hometown Plan Area 2" refers to the subject area in a section on the height of buildings and in a section outlining specific proposals. The first reference addresses how the City should respond to proposals which exceed four stories in height; the second addresses potential uses for the block (mixed use with residential uses facing north). Excerpts from this plan document (pp 15, 20) are attached. In 1996, the subject block was part of a larger Comprehensive Plan amendment, which changed the Future Land Use Category from Medium-Intensity Office Use to a new category, "Mixed- Use Commercial/Residential." This amendment to the Comprehensive Plan was part of the City's Evaluation and Appraisal Report, subsequently adopted by the City in 1997. The new land .use category was created to implement development concepts from the Hometown Two Charrette. In 1998, upon suggestions from the Department of Community Affairs, the Land Use category was amended to include development standards of 1.6 F.A.R. for the total development including 24 dwelling units per acre. CURRENT PLANNING The City's Zoning Task Force is in the process of reviewing the entire Land Development Code. Its recommendations are expected to be completed by February 2001. A subcommittee of the Task Force is currently examining, in detail, the TODD zoning district. The subcommittee has had preliminary discussions on expanding the TODD (zoning district and land use district) to include additional blocks, including the site subject to this application. The subcommittee is also discussing allowing for building heights to transition from four to eight stories. The eight stories would be limited primarily along the properties abutting the transit station, four stories along the outer limits of the TODD boundaries with possibilities of some six stories in between. It is important to note that these discussions are only preliminary and have not been recommended by the full Task Force. PROPOSED AMENDMENT REVIEW 1. Compatibility of Use: The proposal to place a residential development on this site is permitted by the definition of the TODD Future Land Use Category. A residential development at this location would take full advantage of being adjacent to the transit station and within walking distance of shops, post office, hospitals, restaurants and other amenities of the downtown area. The use would also provide a transition between lower density residential to the north and commercial development to the south. 2. Compatibility of Density/Height: The TODD land use category allows for a maximum height of eight stories. The proposal to build six stories is within the height limits of the TODD. The TODD does not specify limits on residential density, which is generally expressed in terms of units per acre. The developer has indicated that the project is contemplated to be 306 units, or 114 units per acre. The specific density would be reviewed Future Land Use Map Amendment JPI Apartment Development, L.P. August 22, 2000 Page 5 of 7 as part of a future zoning use district change for the same property. 3. Impact on Public Facilities: An important element of the land use map amendment is to assess the impact of the contemplated development on the public infrastructure serving the site. The developer, as part of his submission requirements, has submitted a public facilities report, which compares the infrastructure impact of the proposed development with what could be built under the existing land use and zoning use districts. (See attached.) For purposes of this report, presented below is information on the impact of the proposed development public facility capacity. a) Park/Recreation Facilities Project 700 persons,requires additional 2.8 acres LOS: City Comprehensive Plan: 4 acres per 1000 pop. Capacity: sufficient: (Existing 52.2 acres, Required 42 acre before this project) b) Schools Project impact: 41 additional students Capacity: School impact mitigation plan to be proffered by applicant (see Public Schools letters dated 8/17/2000 and 8/18/2000 attached) c) Solid Waste Project: 439.14 tons/annually; LOS: Determined by Miami-Dade County Capacity: sufficient. d) Wastewater(Sewer) Project: 61,215 gallons/annually; LOS: Determined by Miami-Dade County Capacity: sufficient. e) Potable Water Project: 61,215 gallons/annually; LOS: Determined by Miami-Dade County Capacity: sufficient f) Traffic/Streets Project: 2399 Average Daily Trips Capacity: sufficient Florida Department of Transportation review letter attached dated 8/18/2000 4. Compatible with Comprehensive Plan. A proposed Future Land Use Map Amendment should be compatible with and advance.the goals and policies contained in the City's Comprehensive Plan. The proposed amendment is consistent with and supports the following goals and policies: Goal 1 To assure the availability of sound and affordable housing for all current Future Land Use Map Amenament JPI Apartment Development, L.P. August 22, 2000 Page 6 of 7 and future residents of the City of South Miami with special focus on infill and redevelopment and to include housing units in the Hometown District. (HOUSING) Policy 1.3.6 The City and the County will jointly support development in the Rapid Transit Zone in order to encourage mixed-use residential multi-family projects containing affordable housing units.(HOUSING) Policy 2.1.4 Discourage urban commercial sprawl by promoting growth in the core area surrounding the Metrorail transit station by creating a district for the new growth which is contained and transit-oriented, thereby relieving the pressure for commercial re-zonings outside of this core area.(LAND USE) Goal To achieve a tax base adequate to support a high level of municipal services via increased mixed-use and flexible building heights in conjunction with a Transit-Oriented Development District [TODD]. (LAND USE) STAFF OBSERVATIONS 1. The proposed amendment is consistent with and supports the goals and policies of the City's Comprehensive Plan. 2. The property is located in the Community Redevelopment Area. The application will be presented to the Community Redevelopment Agency (CRA) Board on September 11, 2000 for its review and comments. The amendment request and the proposed project are consistent with the goals and objectives of the CRA Board. 3. Any future development on this site will have to have a mitigation plan for the mature trees on site. 4. The existing land use category, Mixed Use Commercial/Residential, mandates a mix of uses in order to create an active urban fabric. TODD on the other hand encourages mixed use development but does not mandate it. In the context of a transit oriented district mixed use developments are generally preferable. However, a residential development with adequate service related commercial serving the residential development and the surrounding community, creating a mix of uses, is highly desirable. Such a development provides the "eyes on the street" active street life by providing activities not limited to only certain hours of the day and is transit supportive. 5. A residential development, which introduces into the neighborhood a critical mass of additional residents (primarily graduate students, married students, young professionals) will create a social and economic synergy that would be beneficial to the immediate area where the project is located and to the vitality of the community at large. The proposed Future Land Use Map Amenctment JPI Apartment Development, L.P. August 22, 2000 Page 7 of 7 development has the strong potential for acting as a catalyst for further developments in the area to improve the quality of life and to create a safer neighborhood. 6. The traffic pattern from a residential development is generally more dispersed.through out the day and night and has less impact on peak traffic. 7. The proposed amendment, which would allow for the placement of a residential building at this site, would be compatible with the surrounding properties. The extension of the TODD future land use category to this site is appropriate based upon the need to encourage new development in the vicinity of the transit station. 8. The proposed density/ height of the project would be permitted by the TODD land use category. If the amendment is approved, the applicant will be required to submit a zoning map change from "MO"to "TODD". At that time it would be appropriate for the City to carefully review the proposed height, density, site plan and architectural elements of the building. 9. There is no site plan information currently submitted, nor is it a requirement of the Comprehensive Plan amendment request. While higher density is an appropriate goal near a mass transit station, the extent of the density and the manner in which it is integrated into the design of the project and the neighborhood is vitally important and will be reviewed and examined in greater detail through the rezoning process. RECOMMENDATION: It is recommended that the proposed Comprehensive Plan Future Land Use Map (FLUM) amendment be approved. Attachments: Application Letter of Intent City's letter dated July 18,2000 Applicant's response dated August 14,2000 Letters responding to request for market analysis Letters from Miami Dade Public Schools dated August 17 and 18,2000 Letter from Florida Dept.of Transportation dated August 18,2000 Survey Comprehensive Plan/page 23 Excerpt from Hometown Plan Area 2(Nov 1994)/pages 15 and 20 Excerpt from Station Area Profile(Fall 1980) Copies of Public Notices K\PB\2000\Agenda\08-29-00\staff report\LPA-00-001 Comp Plan Amend Sent oy: GREENBERG TRAURIG 305 579 0717; 07/05/00 16:11 ; JetiPax #146;Page 2i2 5 , ♦ • /•••• •• a i s • • sox„ City of South Miami ; y ; • f � • Planning & Zoning Department: City Hall, 6130 Sunset Drive,South biiato. Florida 31.143: Telephone: (305)663-6327; Fax(305)666-4591 Application For Public Hearing Before Planning Bo t(l,& City' Corlmi ssio . a Address of Subject Property: SIV 59 Place at 70 SttreetLOt(s)3-25 Block 1-S _Subdivision Lirkins PB �?�.q,5 Tciknsite Meets& Bounds: Applicant: Phone: (972)S56-3782 Representative: Joseph G. Goldstein, Esq. Organization: Greenberg Traurig, P,A. Address: 1221 Brickell. Avenue. Phone: (305)579-0609 Property Owner: Various Signature: See attached Exhibit "A" Mailing Address: Contracts to Purchase Phone: Arch itectlEngineer: Phone: �- EDI Architecture Inc. 800) 789-039 AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THJS PROJECT: _Owner _Owner's Representative X. Contract to purchase _Option to purchase Tenani/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING; SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHECK ALL THAT E,PPLY, _Text Amendment to LDC _-Variance X-Letter of Intent x..Comprehensive Plan _Special Use X_Justifications for change _PUD Approval `Rezoning L Statement of hardship —PUD Major Change _Special Exception r/AProof of ownership or lettor from owner _Other vA Power of attorney Briefly explain application and cite specific Code sections: x_Contract to purchase X Current survey(1 original sealed and Arneiichent to Comprehensive Plan Map to include signed/1 reduced copy C 11"x 17.) x,7 copies of Site Plan and:Floor Plans Subject Property in TODD (4+4) Land Use District f reduced copy @ 11-x 17^ X_20%Property owner signatures Section:NAA Subsection: Page#: Amended Date: .X_Mailing labels(3 sets)an map X Required Fes(s) The undenigLed has read this completed application and represents that the information and all submitted maCerials are true and correfto the best of the applicant's owledge and belief. C)V t'a Q)ar (�►,c a.F 1�c vc.(o,Pv%AK 4. L� A lie s e an title '� n- Da Ct2 T6 L1 K G t{z r �Jt..c. 0 �1t •.1 (7kV OG r rr Upon receipt, apppltcadons and all submitted materials will be reviewed for con: fiance with the Land Developm:nt Code and other applicable reguIanons. Applications found not in compliance will be rejected andpreb=ed to the applicant OFFICE USE ONLY: bate Filed Date of PS Hearing Dste of Commission Petition Required Petition Accepted Method of Payment JUL 05 '00 15:32 305 579 0?17 PAGc.02 A T T O R N E Y S A T L A VG + • • • • • •s•o• . . . . . . . . . . • J l l ••7 3 i •L J •i l i Joseph G.Goldstein (305)579-0609 www.goldsteinj`k1law.com July 6, 2000 VIA HAND DELIVERY Subrata Basu, AIA, AICP Planning Director City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: JPI Apartment Development, L.P. / Application for a Comprehensive Plan Amendment/Letter of Intent Dear Mr. Basu: This constitutes the letter of intent for JPI Apartment Development, L.P. ("JPI") in connection with their request for an amendment of the City of South Miami Comprehensive Plan. JPI has entered into contracts to purchase approximately 2.68 acres of vacant and unimproved property located at S.W. 59th Place and S.W. 70t1' Street, in the Cite of South Miami (the "City"), Florida, which is more particularly described in the attached Exhibit "A" (the "Property"). The Property is currently zoned as a Medium-Intensity Office District (MO) in the City's Official Zoning Map and is designated as a Mixed Use Commercial Residential (Four Story) district in the Comprehensive Plan/ Future Land Use Map. It is JPI's intent to amend the Comprehensive Plan/ Future Land Use Map to include the Property within the boundaries of the Transit Oriented Development District. The Property is situated directly across the street from the South Miami MetroRail facility and parking garage, and is surrounded by: a United States Post Office and the MetroRail facility to the east and southeast, respectively; Larkin General Hospital and a parking lot to the west; a condominium development to the north; and the four-story, 117 room Hotel Vila to the south. The Property is also located within a few short blocks of the University of Miami. JPI believes that that this location is perfectly situated for a student residential facility, and is proposing the construction of a six-story rental apartment building to be designed and marketed primarily to meet the off-campus housing needs of University of Miami students. GREENBERG TRAURIG, P.A. 1221 BRICKFLL AVENUE MIAMI, FLORIDA 33131 305-579-0500 FAX 305-579-0717 www.gtlaw.com MIAMI NEW YORK WASHINGTON, D.C. ATLANTA PHILADELPHIA TYSONS CORNER CHICAGO BOSTON PHOENIX WILMINGTON LOS ANGELES DENVER SAO PAULO FORT LAUDERDALE BOCA RATON WEST PALM BEACH ORLANDO TALLAHASSEE Subrata Basu JPI Apartment Development, LP July 6, 2000 Page 2 The local geography uniquely qualifies the Property for inclusion in the City's Transit Oriented Development District (TODD). The purpose of the TODD is to maximize the presence of the rapid transit center within walking distance of the district boundaries. As mentioned, the Property is directly across the street from the MetroRail facility. Parcels east of, and one block south of the Property that abut the MetroRail facility are designated as TODD's on the City's Future Land Use Map. The TODD was created by the City Commission to surround the mass transit facility and to encourage high density uses which will promote the efficiency of the land use. It is no surprise that JPI's preliminary conversations with City staff revealed that the TODD designation was considered for the Property in early transit committee meetings. In addition, the student housing facility proposed for the Property is consistent with the type of development intended for this land use designation. The maximum utilization of the TODD encourages high density residential uses in multi-story projects that are characteristic of transit-oriented developments. Students leasing these apartment units are expected to be temporary residents who will likely terminate leases upon graduation rather than remain as long- term commuters. These residents will also more regularly utilize the rapid transit system for attending classes and extracurricular activities.. and will be more likely to walk and ride bicycles rather than consistently using vehicular transportation. Furthermore, redevelopment with high density uses is actually encouraged in the TODD through flexible zoning regulations. Bonus allocations are provided in the City's zoning code which are intended to accomplish the aforementioned goals of high density residential development which reduces vehicular traffic, while at the same time, encouraging a high quality pedestrian environment. In short, the proposed apartment building is precisely the type of transit- oriented development contemplated by the TODD. To that end and based on the foregoing, JPI respectfully requests your favorable recommendation of this request for an amendment to the City's Comprehensive Plan / Future Land Use Map to include the subject Property in the Transit-Oriented D elopment District. Sincerely G e' attachments cc: Mr. John Cutrer Mr. J.W. Harris Mr. Tony White Stephen M. James, Esq. MIAM I/JAMESS/1 155116/_rGk01!.D0C/7/07/00 GREENBERG TRAURIG h� City of Soutt, Miami 6130 Sunset Drive. South Miami, Florida 33143 July 18, 2000 Joseph G. Goldstein, Esq. Greenberg Traurig, P.A. 1221 Brickell Avenue Miami, Florida 33131 Re: JPI Apartment Development, L.P./Application for a Comprehensive Plan Amendment Dear Mr. tein: A preliminary review of the above referenced application has been completed. The following are the comments that need to be further clarified and or addressed. Please be advised that all the issues need to be addressed before a complete analysis and recommendation can be developed and the proposed amendment scheduled before the Local Planning Agency. Issues related to the Comprehensive Plan amendment request: Public Facilities Report: • Report should compare maximum development under current land use and the maximum development under the proposed land use. • Demands on various services should be based on the actual rates used by various permitting agencies, eg. See attached Miami-Dade Water and Sewer Department rate sheets for water allocation. The City's Comprehensive Plan uses an average figure, which is not applicable to a project specific situation. It is generally accepted that service demand for residential use is far greater than that of office use. • Traffic analysis and concurrency for the maximum potential development is required. Additional data such as Average Daily Volume is needed to identify the Level of Service on the two lane streets surrounding the proposed project site. • All utility upgrades required for the maximum development need to be identified. • School impacts need to be addressed. "City of Pleasant Living" Joseph G. Goldstein JPI Apartment/Comp Plan Amendment July 18,2000 Page 2 Site Plan: • A complete set of plans with a completed and properly developed site plan is required. • Neighborhood Analysis to demonstrate relationship and compatibility of the request to the surrounding land uses, height and density is essential for evaluating the request. Building Height: • Need gradual transition to the neighborhood. • Needs to reflect desired character of the area. • Show relationship to the street profile through street cross-section. Density: • Project is too dense. As proposed, the project will result in 7% of the City's population concentrated in 2.68 acres. • Analysis of compatibility with the surrounding densities is needed. Maximum density for the abutting land uses for overall development is 1.6 FAR inclusive of a cap of 24 units per acre for residential development. • Comparable projects, when prorated to 4 or 6 floors provide a density range of 35 to 53 du/acre for 4 stories and a density range of 53 to 79 du/acre for 6 stories. Jefferson on Camino Real appears to have the most density. The location of this project is in the middle of heavily commercial area as compared to the proposed project, which is a part of a neighborhood that is varied in use and density. • Examples of Sunny Isles Beach, City of Miami and Coral Gables are not compatible contexts for South Miami for the neighborhood characteristics, density and height. Market Analysis: ■ Need some basic market data and analysis (vacancy rates in the area, rental rates, projection and distribution of number of off campus students, how does it complement/conflict with University of Miami on campus housing supply/policies, etc.) The following comments are related to the building and urban design. While these are not directly related to the Comprehensive Plan Amendment request, these issues will have to be adequately addressed during the change of zoning process. It is highly recommended that most of these items be addressed now in an as comprehensive manner as possible. Site Plan: ■ Integration of the proposed project into the surrounding area. ■ Landscaping plan. ■ Site is heavily wooded. Relocation of mature trees, canopy replacement and other mitigation plan is required. ■ Open space: integration of interior courtyards and public spaces. Joseph G.Goldstein JPI Apartment/Comp Plan Amendment July 18,2000 Page 3 ■ Sidewalks, bike paths, comfortable and safe pedestrian access to transit station, downtown, library etc., intersection treatment. ■ Street level to have entrances, stoops, porches, storefronts etc. ■ Develop street layout and provide on street parking. ■ Possible mid-block connection should be explored. Building Design: • A full set of plans, elevations and sections is required. • Typical floor plan submitted is mislabeled and needs proper orientation. • Seven-level parking garage oriented towards residential is unacceptable. • Arcades, awnings, porches, balconies are required. • Building entrances need to orient to public streets, plazas or public spaces. • Continuous monolithic building fagade along the full length of the block is not acceptable. • Building elevations need to have well articulated rooflines, body and a base. • Building frontages should be varied, articulated and properly scaled for pedestrian orientation. • Land Development Code requires 20 feet setback after 4`" floor. Please realize that we have not received any of the plans or elevations and consequently have not had the opportunity to review them for compatibility and appropriateness. The only plan submitted with the application is what appears to be the first floor plan. This document is not sufficient to allow for a proper review of the project. Your prompt response to these preliminary comments would be appreciated. Please do not hesitate to call me if you have any questions. Sincerely, Subrata Basu, AIA,AICP Asst. City Manager/ Planning Director Cc: Charles D. Scurr, City Manager THE Vr , CURTIS & KIMBALL J; COMPANY r r,. August 14, 2000 HAND DELIVERED Mr. Subrata Basu, AIA, AICP Assistant City Manager/Planning Director City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: JPI Apartment Development, L.P. Application for a Comprehensive Plan Amendment Dear Mr. Basu: Thank you for your preliminary review of the above-referenced application. This letter contains our responses to the issues related to the Comprehensive Plan amendment. For clarity, the format we are using shows your comments in bold face type and our answers in regular type. Issues related to the Comprehensive Plan amendment request: Public Facilities Report: Report should compare maximum development under current land use and the maximum development under the-proposed land use. For comparative purposes, maximum development under current land use was calculated as follows: The 2.68 acre parcel was converted to square footage by multiplying the acreage by 43,560. The result, 116,741 square feet, was then multiplied by the current Medium-Intensity Office District (MO) designation's floor area ratio (FAR) of 1.6. The sum -- 186,785 square feet -- was then used in the calculations shown in Table 2, Approved Designation Impacts. There are two restrictions governing maximum development in a Transit Oriented Development District (TODD), the proposed land use: building height (MU-5 - eight stories, maximum 100 feet) and "as many units as may be permitted as can be provided with parking." TODD zoning does not specify a FAR. Instead, floor area Community & Natural Resource Planning Consensus Building•Regulatory Approvals 4101 Laguna Street Coral Gables, Florida 33146 (305) 648-0050/(305) 648-0052 Fax rcurtis®curriskimball.com ackmurley®curtiskimball.com q Mr. Subrata Basu August 14, 2000 Page 2 minimums are established for efficiency/studio, one-, two- and three-bedroom apartments. The proposed project is the not the maximum development scenario that can be designed within these restrictions. More apartments could be added. The project as configured is the maximum that is marketable. • Demands on various services should be based on the actual rates used by various permitting agencies, e.g. see attached Miami-Dade Water and Sewer Department rate sheets for water allocation. The City's Comprehensive Plan uses an average figure, which is not applicable to a project specific situation. It _ is generally accepted that service demand for residential use is far greater than that of office use. Tables 1, 2 and 3 have been revised and are printed on the next page. § _ m _ ` < ® CN = 2 u . 7 \ O @ { k @@ \ch 2 i o@ < 2 \ CL \ @ @ } \ CL $ @@ » \ \- /(r G\ \ � G o R^ - / 77I G G ) \\ < 0 _ \ t ¢ </ _ <5:' 0 < } 00 . 3 � o « 0 2@ c z < 02 2 � n » 0 � � ® ® aE \ C 0 LO LO < < � � � 3 � ) 0- _ a / k� \ � � \ § / < / G co w � » \ « 2 < - c c < ° ° k n2 E \ \ § 0 0 7_ 77 � z \ 2 $ S - E \ 220 _ co mo �« X ° \ � � � < � wo « < ; 2 r- � « R0 � � � CO) � � N cm _j M 40 ` & _ _j z © ¥ o r- CL< � 20 EZ % o � q � w \ � ; S u ® 2@V 2 k )_ « / / ) � / \ � \ O \ \ \ § > 0 CL 2 / m _ 3 > � 2 (L x o � � ® \ 0 � 0 a - § g � ® k � \ w a o > \ \ F- $ ¢ \ j § $ K q 24 4 / ® ~ ~ z _ 0 ¥ ) c ■ 2 $ 2 E E3 0 cu 2 � \ kk > % � � 0m ° \30 U) o 8 @ E \\ � � � § @@ k ( R ® § § § � u � a o ® � E mm = � z_ \ - § 2 / k 0M i8m (D e \ \ E CL § � ° m � < \ ` � ` z � \\ 7± c0a U) w = k - kk0 ■ � ) 9@U) � E 2 g q 8 � a § a3 . \ = k \ \ � « 0x q § / ƒ ] � 3 & O Mr. Subrata Basu August 14, 2000 Page 4 • Traffic analysis and concurrency for the maximum potential development is required. Additional data such as Average Daily Volume is needed to identify `. the Level of Service on the two lane streets surrounding the proposed project site. Additional data is provided in Tables 4 and 5. TABLE 4 t TRAFFIC -APPROVED DESIGNATION IMPACTS ITE LAND USE CODE UNIT PM PEAK TRIPS AVERAGE DAILY TRIPS v ITE Equation' Total ITE Equation' Total Trips Trips Office 710 186,786 T=1.121(X)+79.295 289 1 Ln T=0.768Ln X +3.65 2,144 Total 289 2,144 TABLE 5 TRAFFIC-PROPOSED DESIGNATION IMPACTS ITE LAND USE CODE UNIT PM PEAK TRIPS AVERAGE DAILY TRIPS Total Total ITE Equation' Trips ITE Equation' Trips Residential 230 306 Ln =0.777Ln X +0.590 154 Ln =0.850Ln X +2.56 1,684 Retail 820 3,000 Ln =0.660Ln X +3.403 62 Ln =0.643Ln X +5.86 715 Total 216 2,399 'ITE 6th Edition. • All utility upgrades required for the maximum development need to be identified. Preliminary information from the Miami-Dade County Water and Sewer Department suggested that a fire-flow test needed to be performed on the existing 8-inch water main located in SW 59 Place and SW 69 Street before water and sewer availability could be determined. The main was tested on June 23, 2000. The result of the test showed available flow greater than 2,000 GPM, meaning that the main passed the fire-flow test. Water connection can be made from the property to a 12-inch water main to be installed westerly in SW 69 Street to SW 61 Avenue, followed by Mr. Subrata Basu August 14, 2000 Page 5 installation and connection of a 12-inch water main southerly in SW 61 Avenue to SW 70 Street and interconnection to an existing 8-inch water main in SW 70 Street. The County also owns and operates an 8-inch gravity sewer main located in SW 69 Street and SW 59 Place abutting the northern boundary of the site to which the Applicant can connect, provided that there is sufficient depth and that there are no obstacles which would preclude construction of the sewer. With regard to solid waste, the Miami-Dade County Department of Solid Waste Management does not measure waste disposal capacity utilization on a case-by- case basis. Instead, the adequacy of capacity is evaluated on a system-wide basis in terms of existing waste delivery commitments from both public and private sector waste haulers. The Applicant is coordinating this issue with the Department of Solid F Waste Management (please see Attachment A, letter to Deborah Silver). , • School impacts need to be addressed. The residents of the proposed development are expected to be primarily students at the University of Miami. It is anticipated that the majority of these residents will be unmarried and without children; thus, impacts on the public school system would be minimal. Joseph G. Goldstein, attorney for the Applicant, wrote to Ms. Sally Osborne, Supervisor of the Department of Development and Governmental Affairs for the Miami-Dade County Public Schools, on July 27, 2000, informing her of this proposed project and requesting a statement of the project's impacts on public schools. A copy of this letter was forwarded to you. Site Plan: • A complete set of plans with a completed and properly developed site plan is required. The comment has been noted by the Applicant. • Neighborhood Analysis to demonstrate relationship and compatibility of the request to the surrounding land uses, height and density is essential for evaluating the request. The site is surrounded by the full spectrum of land uses on four sides. Directly to the north, across SW 69 Street, is a large, fenced Community Redevelopment Housing complex of two-story, multi-family condominium buildings widely spaced with landscaped areas including large trees. To the south, across SW 70 Street, is a visually busy sequence of commercial buildings: two one-story office buildings dominated by two four-story office buildings and the back of The Hotel Villa (also four stories high, plus roof-top space) with the parking garage entrance. To both the east and to the west are public, institutional facilities: to the east is a block-long, two-story Mr. Subrata Basu August 14, 2000 Page 6 U.S. Post Office and, to the west, a parking lot for employees of Larkin Hospital with the hospital visible beyond. Behind these immediate neighboring uses, to the west, north and northeast there are small office buildings, some small retail and single family housing, and a few empty buildings and empty lots. Looking down SW 70 Street and connecting to the neighborhood to the southeast, one sees the imposing architecture of the five-level Metrorail parking garage which adjoins the elevated tracks. The Shops at Sunset, visible from SW 70th, provide an intense mix of retail, entertainment and residential uses. Close by, on Sunset, are City Hall, the library, police station, and commercial outlets including a bank and a gasoline station. The prevailing appearance of the neighborhood shows a low to medium range of building heights, from one story to multiple stories. The skyline includes the six-story Larkin Hospital, The Shops at Sunset and other substantial buildings described previously. The neighborhood is characterized by its complex mix of uses and architecture. In keeping with the various densities of the existing built environment, population concentrations also vary, given the wide variety of land uses. If the request to build the proposed project is approved, the building's retail and residential components will each add life and appeal to the neighborhood. The architecture and plan of the building will be designed for aesthetic as well as functional purposes and will take into consideration the various land uses on neighboring parcels. The retail component will front on SW 59 Place. The focus will be on street-level, pedestrian amenities with residential above, all located in proximity to mass transit. The building will be handsome, different from but merging successfully with its neighbors because of its basically traditional style. The structure will be of moderate height, two to four stories higher than most of the buildings in the area but not overwhelming, out of scale or out of place given the other buildings in the area with heavy mass, such as Larkin Hospital and the Metrorail parking garage. The future character of the neighborhood may be further changed by the addition of several levels to the parking garage and additional retail in the immediate vicinity of the Metrorail station. Building Height: • Need gradual transition to the neighborhood. . The neighborhood, as described, is made up of a variety of land uses in close relationship. The project site is surrounded by this mix of uses but can be viewed as a transition area between retail/commercial/office/hotel and lower density residential. Mr. Subrata Basu August 14, 2000 Page 7 • Needs to reflect desired character of the area. The proposed building will bring to the neighborhood a compatible appearance in keeping with its compatible functions. The project will aid in the fulfillment of several planning goals: creation of a pedestrian-friendly, mixed-use neighborhood with generous off-street parking, located conveniently near to offices and public services such as medical facilities, a library, police station and a hotel. The project will bring new residents to the neighborhood who will support the retail establishments and t who will use the mass transit system. • Show relationship to the street profile through street cross-section. The comment has been noted. The drawing will be submitted with the complete set of plans. Density. • Project is too dense. As proposed, the project will result in 7% of the City's population concentrated in 2.68 acres. The City of South Miami's Comprehensive Plan begins with a statement of Future Vision, which we quote in full: We value our socially diverse neighborhoods, our traditional retail service areas, our modern medical community and our small town character. We will strengthen our neighborhoods, support our Hometown District, and encourage development of our urban core link to the Metrorail transit station in a manner that enhances our community and improves our tax base. The proposed project would appear to be appropriately located for a concentration of residents in the urban core, in an attractive pedestrian-oriented setting within walking distance of public services such as the library, a variety of retail establishments, and mass transit, without detracting from the city's basic small town character and while improving the tax base. Further, quoting from the City's Land Development Code, the purpose and intent of the TODD designation is "to encourage a mix of high density uses, specifically residential, retail and office uses." TODD encourages residential density by giving a bonus of one additional floor of residential use (with required parking) for every floor of residential use. • Analysis of compatibility with the surrounding densities is needed. Maximum density for the abutting land uses for overall development is 1.6 FAR inclusive of a cap of 24 units per acre for residential development. Mr. Subrata Basu August 14, 2000 Page 8 The map of future land use shows TODD (4+4-story) designation planned for the block directly to the east of the proposed project (across SW 59 Place). TODD designation is also indicated for the block directly north of the post office, which faces the multi-family residential condominium complex. As noted in the response to the first question, TODD does not specify a FAR. • Comparable projects, when prorated to 4 or 6 floors, provide a density range of 35 to 53 du/acre for 4 stories and a density range of 53 to 79 du/acre for 6 stories. Jefferson on Camino Real appears to have the most density. The location of this project is in the middle of a heavily commercial area as compared to the proposed project, which is a part of a neighborhood that is varied in use and density. The comment has been noted. Regardless-of the number of floors, the number of units per acre of the proposed project remains within the density range of the comparable projects. • Examples of Sunny Isles Beach, City of Miami and Coral Gables are not compatible contexts for South Miami for the neighborhood characteristics, density and height. Closest to home, we suggest that the example of JPI's approved project in Coral Gables, Jefferson at Douglas Entrance, is worth a second look to view similarities to and differences from the proposed project in South Miami. The Coral Gables development will have as neighbors one- and two-story single family homes and small multi-family buildings as well as large commercial buildings. With its extreme mix of land uses and architectural styles in close contact, the Coral Gables project has similar neighborhood characteristics and contrasts of density and height. Further south on Douglas Road, in the City of Miami, is another example of this type of neighborhood with a mix of characteristics, density and height: the 10-story building now called Gables East. This multi-family apartment building, now being sold as condominiums, adjoins a neighborhood of small, one-story homes to the east. The location provides easy access to office and retail buildings west of Douglas Road and extending down Miracle Mile. Market Analysis: • Need some basic market data and analysis (vacancy rates in the area, rental rates, projection and distribution of number of off campus students, how does it complement/conflict with University of Miami on campus housing supply/policies, etc.) At the direction of the Applicant, James W. Harris, licensed real estate broker, wrote a letter to you dated August 1, 2000, providing documentation of current and Mr. Subrata Basu August 14, 2000 Page 9 anticipated demand for market-rate rental apartment units in Miami-Dade County. The letter included a newspaper article from Miami Today dated June 8, 2000, headlined "Apartment rents, supply and demand all on rise countywide." In the current issue of Miami Today dated August 10, 2000, is an news story headlined "Influx of new arrivals fuels already hot regional rental market." We are including a copy of this article as Attachment B. Responses to your comments related to building and urban design will follow under separate cover. t= We look forward to continued dialogue with you on this project. ~ Sincerely, ` M/3d� 4r Rob Curtis, AICP cc: Charles D. Scurr, City Manager Joseph G. Goldstein, Esq., Greenberg Traurig John Cutrer, JPI t= r Attachment A Letter to Miami-Dade Department of Solid Waste Management THE CURTIS & KIMBALL COMPANY i 4 August 9, 2000 Ms. Deborah Silver Special Projects Administrator Miami-Dade Department of Solid Waste Management 8675 NW 53rd Street, Suite 201 Miami, Florida 33166 Re: JPI Apartment Development, L.P. Application for Comprehensive Plan Amendment, City of South Miami Dear Ms. Silver: JPI Apartment Development, L.P., is applying for approval to build a 306-unit apartment building in South Miami. The proposed building will also contain 3,000 square feet of retail space on the first floor. The site is bounded by SW 69th Street on the north, SW 70th Street on the south, SW 61st Avenue on the west and SW 59th Place on the east, with the exception of an existing, small office building on the corner of 69th Street and 59th Place. As part of the process of applying for an amendment to the City of South Miami's Comprehensive Plan, we need to obtain information from the Miami-Dade Department of Solid Waste Management on its ability to provide our site with solid waste disposal services. We would appreciate your response in writing at your earliest convenience. If you have any questions, please do not hesitate to call me at (305) 648-0050. Thank you very much. S'ncer , Rob Curtis, AICP Community & Natural Resource Planning Consensus Building • Regulatory Approvals 4101 Laguna Street Coral Gables, Florida 33146 (305) 648-0050/(305) 648-0052 Fax rcurtis®curtiskimball.com ackmurley0 urtiskimball.com t= Attachment B Miami Today, August 10, 2000 "Influx of new arrivals fueld hot regional rental market" 08/10/2 0 0 Ci 12. X14.1 0 5-:3 il 31 Z.14 10 PAGE 02) m CL > > a ; F 7R rs C x ul . S, 96 lu 2L ;A W-M crow At 5 Ex. rr CL ep f6=rz J. goit , %T '01 17-00 A, 116-0 6 s- ne P n 71 v —1A,�\k t t 3 t 1 l Building Quality for Our Customers > 1 s 0 4 r s l r a July 10, 2000 ; 1 Mr. Subrata Basu Planning Director City of South Miami 6130 Sunset Drive South Miami, FL 33143 RE: JPI South Miami development Dear Mr. Basu: Joe Goldstein has related to JPI your possible concerns regarding the market for our planned development in South Miami. The purpose of this letter is to address those concerns. First, realize that our project is a conventional market rate development that will be oriented towards students. It is not a dormitory. Other than the presence of some four- bedroom units, the apartment units themselves will be virtually indistinguishable from other high-end developments in the area. Developing such a large apartment complex involves assuming certain risks. One risk we determine early in the process is the risk that the market is not ready or will not be able to accommodate such a development. I spent several days in the Miami area talking with individuals at the University of Miami and visiting a number of properties that have large student components. My research showed that both the occupancies and the rents currently being attained by what we see as our competitors show a sizable demand for our product. While our research is by no means complete, our initial findings have led us to make a sizable investment in this project. This is not a decision we make lightly. We only commit this level of funding to a project if we feel there is a strong likelihood that the development will come to fruition. Should you have any questions, please feel free to call me at 972.556.3736. Sincerely, JPI APARTMENT DE ELOrPMENT, L.P. Ju C. Helms Development Analyst 600 East Las Colinas Blvd.•Suite 1800• Irving,TX 75039•(972)556-1700• Fax(972)556-3784•www.jpi.com J.W. Harris & Con.,,/any 2665 South Bayshore Drive • Suite 702 • Coconut Grove,FL 33133 Licensed Real Estate Broker Telephone:305.859.8420 • Facsimile:305.859.8410 Licensed Mortgage Broker August 1, 2000 Mr. Subrata Basu, AIA, AICP Assistant City Manager, Planning Director City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: Demand for Rental Apartments Miami-Dade County, Florida Dear Mr. Basu: Your July 18th Letter to Joe Goldstein regarding JPI's Application for a Comprehensive Plan Amendment raises the question of demand for market-rate rental apartments units. In light of our over 20 years experience of putting together multifamily developments, Joe asked me if I had any information which might help alleviate your concerns. To this end, I have attached an article from Miami Today's June 8th issue for your review. The Meyers Group, a well known and respected market research firm, is quoted as reporting that Miami-Dade's rental market is currently 97.3% occupied. Market experts generally believe that this level of occupancy (as opposed to percentage leased) means a project is effectively 100% leased. It is normal for any project to have approximately 4% of the apartment units vacant due to move-ins and move-outs. Another well-known national company, Marcus & Millichap, reported that demand will remain strong, rising interest rates will discourage new construction and land for new construction is scarce. CB Richard Ellis sums-up their Florida Multi-Housing News letter by saying that Miami- Dade is fast approaching full development capacity. The Meyers Group lists only seven projects on the drawing board in the entire County. These projects will add 1,400 multifamily units to the County's inventory of units, but of these seven, five of the projects will be income-restricted for qualified persons needing affordable housing. Even though students may have no income, they do not qualify as tenants for affordable housing. Federal statutes specifically prohibit students from occupying these projects as the primary tenant. Mr. Subrata Basu J. W. Harris & Company August 1, 2000 Page - 2 - 3 i T ' Of the two new projects listed by Meyers that are not income iresfricted, only;one is likely to break ground in the foreseeable future, the 180 unit Renzi Development in Miami. Trion Group is still actively searching for a joint venture development partner. The strong demand for rental housing in Miami-Dade County is projected to continue for the foreseeable future. The combination of JPI's rental units geared toward students, teaching assistants, and professors with South Miami's new restaurants,retail and commercial space should create an exciting synergy and help insure that JPI's project remains fully leased. Very truly yours, F pany Broker J a n on Ow"•� �,' ��' ? oi 41- c o av, a �e $ w 3 a r.0 f . a ° w3w t1 -011 0 », 00h < A b $ $ o H A te : cs. AA (A g o x s C r4 d O A O o �`o < > o�at .� =p p;Ol 'O C n .a. H H A w •� H CD OQ R o O � O � 00.8 � \ M � � O � 4f O ♦ V � O� r V � V J a`at `n A 0 a rn 0. 0 w 0• y'y'Q. C Q N O� p m �yA �yp� a � 4 V w e \ a A r Of 0t iJ i u M�� pt oo ;�. •- _, o A 5' (yam � �, � �° A Oao .,� � � � = ham► H cr c a .. ., r. 4D W'a n +: a' O nag y a� < a ly E 3 Oy =on (A rr „O• C A A YC+ Q f� 2 aye n a o g5r : .0 0. as p�j�� w . M am g � _ prrLir� ti Qo 3 goo 5. �� $' �, o "a � QOwA � � � Aw goaK+ •••t n G�+ }� . w J q A � . o CA m a Mo o A �, V, y. A A � 3 d� � � g�. � a,�Qao 3�� g• � � g �'da o ate; a v3 ,4�' a cr a A F o M � is u, "' n N a IK N CD MIAMI-DADE'tOUNTY PUBLt, SCHOOLS GOVERNMENTAL AFFAIRS AND LAND USE POLICYAND ACQUISITION-1450 N.E.2nd Avenue,Room 525-MIAMI,FLORIDA 33132 (305)995-7280 Roger C. Cuevas August 17 2000 Miami-Dade County School Board Superintendent of Schools Z , Ms. Perla Tabares Hantman, Chair Dr. Michael M. Krop, Vice Chair Mr. G. Holmes Braddock Mr. Joseph G. Goldstein Dr. Robert B. Ingram Ms. Betsy H. Kaplan Greenberg, Traurig, P.A. Mrs. Manty Sabates Morse 1221 Brickell Avenue Mr. Demetrio Perez,Jr., M. S. Miami, FL 33131 Dr. Marta Perez Dr. Solomon C. Stinson Re: Pending South Miami Comprehensive Plan Amendment/Transit Oriented Development District("TODD") Northwest Corner of S.W. 59"Place and S.W. 70`h Street Dear Mr. Goldstein: Attached please find Miami-Dade County Public Schools' (MDCPS)preliminary review of impact for the above referenced application. Based on the information recently provided to MDCPS, the proposed application of 242 additional units would generate a school impact of 41 students; 22 elementary school students, 10 middle school students and 9 senior high school students. The proposed application currently creates concerns. The District would be glad to further discuss this matter with you. However, please note that should you desire to propose a mitigation plan, it must be forwarded through the District's Management Team process. Please be aware that all mitigation proposals also require School Board approval. If you have any questions, or wish to be scheduled before the Management Team,please call me at 305-995-4603. Sincerely, Sally Osborne Supervisor SO:aj L467 Attachments �.�•,�' l.;i: , cc: Mr. Delio G. Diaz j6v AUG 2 20M Mr. Alex David /Mr. Subrata Basa MIAMI-DADE GOUNTY PUBLI4 SCHOOLS GOVERNMENTAL AFFAIRS AND LAND USE POLICYAND ACQUISITION-1450 N.E.2nd Avenue,Room 525-MIAMI,FLORIDA 33132 (305) 995-7280 Roger C. Cuevas August 18, 2000 Miami-Dade County School Board Superintendent of Schools g Ms. Perla Tabares Hantman, Chair Dr. Michael M. Krop, Vice Chair Mr.G. Holmes Braddock Dr. Robert B. Ingram Mr. Subrata Basa, AIA, AICP, Director Ms. Betsy H. Kaplan Mrs. Manty Sabates Morse Planning and Zoning Department Mr. Demetrio Perez, Jr., M. S. City of South Miami Dr. Marta Perez 6130 Sunset Drive Dr. Solomon C. Stinson South Miami, FL 33143 Re: Pending South Miami Comprehensive Plan Amendment/Transit Oriented Development District ("'TODD") Northwest Corner of S.W. 59" Place and S.W. 70th Street Dear Mr. Basa: Pursuant to the City's request and the requirements of Florida Statute 235.193 (2), attached please find Miami-Dade County Public Schools (MDCPS) school impact analysis for the above referenced application. The applicant is proposing a land use change from Mixed-Use Commercial Residential to Transit Oriented Development District. The proposed application of 242 additional units would generate a school impact of 41 students; 22 elementary school students, 10 middle school students and 9 senior high school students. No Board authorized mitigation plan has been proffered by the above referenced applicant. The School Board has no jurisdiction over zoning decisions. Nothing contained herein should be construed as an endorsement of the proposed application. I would appreciate if the district school information is made available for Board review. Should you have any questions,please call me at 305-995-4603. Sincerely, Sally Osbo e Supervisor SO:aj L466 Attachments vt cc: Mr. Delio G. Diaz Mr. Alex David AUG 2 1 2000 Mr. Joseph G. Goldstein , ' SCHOOL IMPACT REVIEW ANALYSIS APPLICATION: JPI Apartment Development, L.P. REQUEST: Land use change from Mixed-Use Commercial Residential (four story height limit), to Transit Oriented Development District (up to 8 stories) ACRES: 2.68 acres LOCATION: Northwest of S.W. 59 Place and S.W. 70 Street, City of South Miami NET INCREASE PROPOSED CURRENTLY RESIDENTIAL ALLOWED UNDER DEVELOPMENT EXISTING LAND USE CLASSIFICATION NUMBER OF UNITS: 242 multi-family 306 multi-family 64 multi-family units units units ESTIMATED STUDENT POPULATION: 41 students 52 students 11 students ELEMENTARY: 22 28 6 MIDDLE: 10 13 3 SENIOR: 9 11 2 SCHOOLS SERVING AREA OF APPLICATION: ELEMENTARY: Ludlam Elementary - 6639 S.W. 74 St. MIDDLE: South Miami Middle - 6750 S.W. 60 St. SENIOR HIGH: South Miami Sr. - 6856 S.W. 53 St. SCHOOL UTILIZATION: The October 1999 FTE membership, permanent utilization, permanent/temporary utilization and program capacity utilization, taking into account new school openings and 2000-2001 attendance boundary changes, are as follows: MEMBERSHIP PERMANENT PERMANENT/ PROGRAM UTILIZATION TEMPORARY CAPACITY UTILIZATION UTILIZATION Ludlam Elementary 567 135% 93% 127% South Miami Middle 1149 160% 132% 136% South Miami Sr. 2749 142% 134% 139% Feeder Pattern: South Miami Sr. 146% PLANNED RELIEF SCHOOLS IN THE AREA: School Status Occupancy Date N/A OPERATING COSTS: According to Financial Affairs, the average cost for K-12 grade students amounts to $5,062 per student. The total annual operating cost for additional students residing in this development, if approved, would total $207,542. CAPITAL COSTS: Based on the 1994-95 Educational Facilities Impact Fee Study, construction costs for the estimated additional students to be generated by the proposed development are: ELEMENTARY 28 x $ 11,790 = $ 330,120 MIDDLE 13 x $ 12, 232 = $ 159,016 SENIOR 11 x $ 18, 619 = $ 204,809 Total Potential Capital Cost $ 693,945 The School Board's estimated capital costs are based upon the actual costs of land acquisition, land development and construction of elementary, middle or senior high school facilities. Such costs do not include furniture, fixtures or equipment, buses or other capital costs. FL. DEPT. OF TRANSPORT Fax:305-377-5684 Rug 21 '00 14:07 P.01 Florida Department of Transportation OFFICE OF PLANNING•OWMCT SIX JEB BUSH SOU M MUMI AVENUE,MUW,FLORWA 33130 THOMAS E BARRY,JIL GOVERNOR PHONE:(30S)3775910 (SCI 457.9910 SECRETARV FAX: (305)377-5681 (SC)452-5684 August 18, 2000 Post-it TM brand fax transmittal memo 7671' x of aas»► �� aa From Mr. Joseph Goldstein, Esquire c0. ASS co. Greenberg Traurig, P-A. Dept. Phone# 1221 Brickell Avenue Fes# FeX# Miami, Florida 33131 _ _... t.. _........_. .. . .� - �- .R.y:.6•+u a.l:: .rtM♦ �l•'n.n]MU•:n.1y '... Dear Mr. Goldstein: SUBJECT: City of South Miami: Proposed Comprehensive Plan Amendment Thank you for the opportunity to review your letter, dated July 27, 2000, and the attachments, which outline the proposed amendment to expand the transit oriented development district. I have reviewed the information, and it does not appear that the Department would have any issues with the proposed amendment. Based on this information, it is unlikely that the Department would have any objections, recommendations, or comments on the amendment when it is transmitted to the Department of Community Affairs for review, provided there are no significant changes. Please do not hesitate to contact me if you have any questions. Sincerely, Phil Steinmiller, MCRP Systems Planning Administrator cc: Gary Donn, District Director of Planning and Public Transportation Subrata Basu, Assistant City Manager and Planning Director fair 4 C AUG 21 2000 www.dot.state.fl.us L'/RECYCLED PIPER I T ValblO'U'A_LNnO3 3ava-min-i 103r'OUa MVIVY Hinos .... ........ rMn H7.40 1 'STIDIS AA ,I k3AunS 31M ONVI NSO) flV-L IV L Cc T, ;s Z! ti _j LU g 4 Jj R m 77 41 all f J, Nr 7M 14, a: cc ;5,A Im b Pi § it AA df el 0 ac to P vi rte---------- - - M.s ;.LS L9 T Commercial Retail an ffice(Two-Story The commercial retail and office land use category is intended to provide for retail and retail services office use and office services that are characteristic of commercial develo ment. Adopted zoning regulations shall reinforce the "no widenings" policy as set forth in the Traffic Circulation Element by encouraging the containment of development along existing State and County high-design roadway facilities. (97-lER) Mixed-Use Commercial/Residential (Four-Story) The mixed-use commercial/residential land use category is intended to provide for different levels of retail uses, office uses, retail and office services and residential dwelling units with an emphasis on mixed-use development that is characteristic of traditional downtowns Permitted heights and intensities shall be set forth in the Land Development Code Regulations regarding the permitted height densitv and intensity in zoning districts for areas designated as mixed-use commercial/residential shall provide incentives for transit-oriented development and mixed-use development Zoning regulations shall reinforce "no widenings" policy set forth in the Traffic Circulation Element by encouraging use of Metrorail system. (97-1 ER) Pursuant to the recommendation by the Department of Community Affairs to include Floor Area Ratio (F.A.R.) in the Comprehensive Plan (as opposed to the provisions in the Land Development Code), the City adopts a F.A.R. of 1.6 for this land use category which is the existing F.A.R. in the Land Development Code for the corresponding zoning district. In addition. the City adopts a maximum residential density of 24 units per acre In order to ensure a mix of uses, the City requires that a minimum of two of the above uses must be developed within this category . For residential projects at a minimum at least one floor must allow retail. For retail projects, at a mimimum , at least one floor must contain residential or office. For office projects, at a minimum, at least one floor must contain residential or retail (98- 1 ER) Transit-Oriented Development District [TODD] (Flexible Height up to 8 stories) �=* The Transit-Oriented Development District is intended to provide for the development of office uses W office services, office-related retail retail, retail services, and residential uses in multi-story and mixed: use proiects that are characteristic of transit-oriented developments Permitted heights and intensities shall be set forth in the Land Development Code, including design standards. Zoning regulations shall encourage development within the TODD in conjunction with limiting new development within the Special Flood Hazard Area. The City shall pursue an incentives program for redevelopment including flexible building heights and design standards to insure that responsible effective and aesthetically- pleasing proiects result. (96-1ER) Public and Semi Pt Institutional Uses (Four-Story) The public and semi public institutional land use category is intended to provide for pqblic schools, municipal facilities, utilities, aPA churches,_ temples, synagogues and similar uses. Areas designated public and r institutional should not be used for other purposes without an amendment to this plan. Zoning regulations could permit public and institutional se-Fni publie uses on sites not so designated by this plan. Schools are- he-Fe-by me-ant te—be institutions of general educatien- e€feFiRg kindergarten thF h 12" y=.r S__°-bstanti_l-Per"ie th-re-4. Buildin heights shta ne� ra „b -ao.�ad�education b permitted in the surrounding, zoning v but in ne ease shall -a building exceed four-ster-ia�. (97-1 ER)a Educational Uses(as a sub-category of the public institutional uses land use designation) The "educational uses" land use sub-category is intended to provide for public schools uses Areas designated as educational should not be used for other purposes without an amendment to this plan Zoning regulations could permit public educational uses on sites not so designated by this plan Public schools are hereby defined as public institutions of general education offering kindergarten through 12`h grade education or some substantial portion thereof, and are owned and operated by the Dade County Element 1 Ord.No. 12-98-1660.8/4/98:DCA No.98-R 1 Page Number 23 i f f TBE "HOWT O'V4VN PLAN it AREA 2 Detailing Additional Neighborhoods in SOUTH MIAM., FLORIDA I i Dover, Kohl & Partners, Urban Design with Judson&Partners Holland &Knight Peter M.-Fernandez,PE .I i I (i November.. 11, 1994 Building-to-Street Prop `ions: The streets should be thought of as three-dimensional public spaces. The buildings which front the streets form the walls of an agreeable spatial "room." If the buildings are too low, the space dissolves (along with the shade and economic productivity of the land). One-story buildings are inappropriate, for example, for streets as wide or important as Sunset Drive, SW 59th Place, and SW 62nd Avenue; buildings on these streets should be a minimum two stories in height. Building ileight Presently a four-story height limit applies to most Sunset properties, although there are taller existing buildings in the Sunset corporate corridor which were built before that limit took effect. Strong feelings were expressed by some charrette participants both for and against this regulation. By increasing the permitted height to six or eight stories in certain circumstances with special conditions, the development attraction and the tax base could be enhanced. Such a change would require an amendment to the City's Comprehensive Plan. This change, if pursued should he limited to properties fronting Sunset Drive or SW 62nd Avenue south of SJV 70th ,Street and north of Dixie Highway. Two concerns arise from taller buildings. but both are addressable: First. there is concern about maintaining a human scale. Four story buildings along the street create an agreeable street space and do not overwhelm pedestrians or neighbors. If taller buildings are permitted, then thev should be designed with. a sizable "step-back" terrace at the fourth floor terrace level, should include a cornice or "expression line" between the first and second floor, and should provide an arcade over the sidewalk. The City should allow exceptions to its four-.story• height custom onli-for buildings that are exemplary in all other respects. { Second, there is concern that oversize developments, especially office buildings, will generate undesirable traffic impacts. The issue is that large numbers of workers will travel to single-use buildings at peak hours, congesting the road network. If taller buildings are permitted, they could be required to include a balanced mix of uses (with, for example, storefronts on the ground level, offices on middle floors, and residences on upper floors). If taller office buildings are permitted, they could be approved conditionally (upon, for example, the creation of complimentary affordable housing within walking distance.) The City should allow exceptions to its four-story height custom only for developments that are "self-solving" with regard to negative impacts on the surrounding neighborhood. 15 proper community preset,-,:, and visual blight will be replaced i a setting that inspires civic pride. SW 70th Street and SW 71st Street: • Continuing the pioneering effort of the Hotel Vila, infill the oversize parking lots and vacant lots with new traditionally-scaled buildings. With the traffic rerouting for north bound US motorists, properties fronting 70th Street will n • The blocks north of SW 70th Street between S W62nd Avenue and SW 591h Place should have mixed-use buildings on their south half and residential buildings (i.e. rowhouses) on their north half, to best face the Lee Park Cooperative townhouse complex. Benefits: Economic development plus improved character and vitality. Aetrorail Station: • Add a "liner" building onto the existing parking garage along 70th Street and 59th Place. -,..` • Permit cart vendors or kiosks at tho transit entry plaza. • Re-orient the crosswalk at US 1 for the shortest distance. • Improve lighting within [lie garage. Benefits: The street will become a safer place with retailers and office _ workers providing "eyes on the street." Both the streetscape and small park will be more attractive if faced by occupied buildings rather than garage walls. Metrorail and local businesses will benefit from new customers. South Miami Post Office: • Remove the chain link fence and barbed wire; these send a potent negative message about the neighborhood. • Plant trees along the sidewalks on the east and south of the site. 20 t Lti, >•7 � 't y'3a.t .y�y.,�■. - X r ) f tit IG* •. .+a�g �ytj>l.�„Li.�t i• ', ��r �,: `L.�, 9r - t .. t�f. �. y"yt !�t�`lf•NV'�� L yJ.� 7 �t T'• �••�?J��r1 � J � t .J,,.; ` 1 t 4: _ ,� .aim- i z v d3 S '�'-..>K�f�1U 4 _, +i�a, ♦ rv .dC=� r�7 �f ?-,1 :' :L:' ` t it f•rT '� f�'�`,.t .i.•.:-: �,. � . h •��r R<•., �"] {ti f �'. #I+ 't(..a.t-�M� .V.,.-fC.",? '� r� r r ; •. � ; t t y _ _ y.i; ' �, *�'?�'c��r�.�?K a��x,� r.k� r aar!r+,r�r�1, �„�•'�.�'; f'" 1.; .• L■} k 7-r �-'.% '� '.' �,,:`,. '�,?�' ar,Y••. ta' h�f r t t i,T••t•.ti '� tt�,�IX�'rY� n�L� rt. 1 i�+t. i•�'7? { � �i•4 - K, a rat �7•ry'1� �sa-K1 r }f. 'wk '� Sit��l.Yn: ,i. .,-. ti .fit' `o � h �.r t'S�'2pj��a�%�"-�.. 7ti. y s��?1'} 3yt r.+ I)�ff�t.-rl�l �E4 ,11. 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'Li. i.rf/'-V'c„•:� ;•t.�i`.. ) _ ,,y 'Metro Iitan Dade Coun Statio + 7r`, ti y k :bz y. �. po ty n-Area'Design'and Development'=.FAA 1980 t T 7+. f. i li'ri�..:. 1� � tY'�ti n.4� C C��eS]:?r,'��'�F-:.�d"tl.'h`i�TM•,i!�3h.�'f.;%, r!++'�•,=.4:I.:r'''t.�:t•S�':,A�n��i:`r � }"ir- '`f f. i• _'t.t�a r.r:.. ',.•. ,t, �' Y r •ayi��,.�:t1;`'1:•^r.'��'''^ :�t.'=4:vC';C:rli,s}�, .,r-ac...�. '' `�. �'-,. .: zt a: �xJ- � Y yr:...r:• :.�� '..+ e'= 1� i.`'Y'� ii•;54. ,3 r._at •�:.i: y,.♦.,�.:.J ,-).^ �,Z.,S .,{ .,x �.''� ,.4•D :(•..t. :,o �..: f r ,t Lr ^+ -i4 v R L ' f�! �':•�i �.�. `�: .r ° *i �!r' J S }x�.1 to S :j; +r'•�y' S' rylr ;a i �,�{ +c: F'r �,.•r '" r::r�'3� y„ ff:� . a,l i .�:? t L a:�.. Z '� .'�••?.K�' C �•�'� i��r � "��'i 7••1�;�•a .Sya �$ iii•�.,,> !-} +t,�,,11.+. }is {��tF'� U r � '. � {�Y Y;`'+ia,�'. �1 r t•` _ LL r Z w f :�• Li Cl ILT 0 01 7C31 *0 5t SF ZY iR -7- 0 HOLSUM BAKE Y ON CD ILI LIT OLL �F 'L-_----_-� ~� � - � OPPORTUNITIES � hnodditionto#hevononthoot�within the U.S. 1,where sighificort private property station area where new d |opment assemblage has already may most obviously occur, there are of The fo rth area(4)is immediately west of least five distinct o,eoo of the South the station site, in the blocks between Miami Station area where the oioUon Sunset Drive, S.W 69th Street, S.W 59th could spur significant new development. Place and S.W 62nd Avenue. Although The first tract (1 is that of the Ho|xum some significant structures exist here, Bakery, for if the bakery m|000tax, it vacant land and many low intensity uses would leave o large, centrally located could lead to significant redevelopment tract of almost 12 acres for redevelop- Lf these blocks. rnont. Finally,the inaLISTrial The second area(2 between station site, despite hn-di ��-''- '�- 5.VV73ndond74� S�ee� ondS.VV5�h emhip pattern, will |ike'|--'--o-- and 58� Avenues on the fhngoofthe changes inuoogo �Mheue ' --- -'- . downtown. Here, vacant tracts and oign�cort.they'- �could,in turn,-�lead-`"~^ `~~ large areas of tract north of the ^".e the u.u/"abio/v of the land, and industrial area on Red Rood currently their location appears appropriate to game empohum.This��eoe'of land has attract investment. o history of changing uses. The third area (3) is the block im- mediately south of the station site across . J COURTESY SUMMARY NOTICE © CITY OF SOUTH MIAMI AD Planning and Zoning Department N 6130 Sunset Drive, South Miami, Florida 33143 0 - Phone: (365)'663-6326; Fax#: (305) 666-4591 f On Tuesday, August 29. 2000. at 7.30 P.M. the City of South Miami Local Planning Agency (Planning Board) will conduct a Public Hearing in the City Commission Chambers at the above vim, address on the followina item: -+ - c i Consideration`of an application to amend the Future Land Use Map of the South Miami o Comprehensive Plan by changing the future land use category from the Mixed-Use ° Commercial Residential (Four-story height)category to the TODD,Transit Oriented Development District category(Flexible height up to 8 stores)on a 2.68 acre vacant site, said property being legally described as Lots 3 through 25, Block 15, LARKfNS v y TOWNSITE SUBDIVISION.The site is generally bounded on the north by S.W.691"St.; .,on the east by S.W.591" PI., on the south by S.W.701"St., and on the west by S.W.611' Ave.The purpose of the application is to allow for the future construction of a six-story c student residential apartment building. 0 At the conclusion of the Local Planning Agency meeting as set forth above the Planning Board will conduct a Public Hearing on the following item: m A Resolution of the Mayor and the City Commission of the.City Of South Miami relating to a request pursuant to Section 20-10.6 of the Land Development Code for special use r approval to.locate a stealth cellular communications facility on property located at 6330 S.W.40th St.(Bird Rd.)within the"PI"..Public L Institutional Zoning District, . For more information regarding these applications or any matter, please call (305)663-6326 y if 7 . All interested parties are urged to attend. Objections or expressions of approval may be made in person at the hearing or filed in writing prior to or at the hearing.The Planning Board reserves the right to recommend to the-City Commission whatever the board considers in the best interest for the area involved. Interested parties requesting information are asked to contact the Planning and Zoning Department by calling 663-6326 or writing to the address indicated above. e You are hereby advised that if any person desires to appeal any decision--made with respect to any matter considered at this meeting or hearing, such person will need a record of the proceedings, and for such purpose may need to iy ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based(FS.286.0105).Refer to hearing number when making any inquiry. i- THURSDAY,AUGUST 17,2000 WWW.herald.com 27A-! � y v CITY OF SOUTH MIAMI NOTICE OF COMPREHENSIVE PLAN AMENDMENT NOTICE OF PUBLIC HEARING All interested persons are hereby notified that the City of / South Miami Planning Board acting in its capacity as the Local Planning Agency(LPA)at a meeting scheduled for Tuesday,August 29,2000,commencing at 7:30 PM in the City Commission Chamber,City Hall 6130 Sunset Drive, South Miami, Florida 33143,will conduct a public hearing on the following proposed Comprehensive Plan Future Land Use amendment application: ITEM LPA-00-001 Applicant:JPI Apartment Development,L.P. Request: Consideration of an application to amend the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use category from the Mixed-Use Commercial Residential (Four-story height) category to the TODD, Transit Oriented Development t District category(Flexible height up to 8 stories)on a 2.68 acre vacant site,said property being legally described as Lots 3 through 25, Block 15, LARKINS TOWNSITE SUBDIVISION.The site is generally bounded on the north by S.W.69th St.,on the east by S.W.59th PI.,on the south by S.W.70th St., and on the west by S.W.61st Ave.The purpose of the application is to allow for the future construe- tion of a six-story student residential apartment building. —� I ♦ r !r �Lj i — — r? ri -'.I_ _ . � ; 0 ii= -_� The purpose of the public hearing is to assist the Local Planning Agency in making a recommendation to the City Commission regarding the application and its transmittal to the Florida Department of Community Affairs. Copiis of the application and the amendment package are available for review prior to the public hearing in the City's Planning & Zoning Department, which is located at City Hall, 6130 Sunset Drive, South Miami, Florida 33143, second floor. All interested parties may,appear and be heard at the hearing. Parties are invited to submit written comments and materials in consideration of their views (FS.163.3184). You are hereby advised that if any person desires to appeal any decision made with respect to any matter considered at this meeting or hearing, such person will need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based(FS.286.0105). For more information regarding this application or any mat- COURTESY SUMMARY NOTICE1 CITY OF SOUTH MIAMI Planning and Zoning Department 6130 Sunset Drive, South Miami, Florida 33143 Z Phone: (305) 663-6326; Fax#: (305) 666-4591 n f On Tuesday August 29. 2000. at 7.30 P.M. the City of South Miami Local Planning Agency (Planning Board) will conduct a Public Hearing in the City Commission Chambers at the above C4 address on the following item: 0 Consideration'of an application to amend the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use category from the Mixed-Use ° Commercial Residential (Four-story height)category to the TODD,Transit Oriented Development District category(Flexible height up to 8 stores)on a 2.68 acre vacant site, 9 said property being legally described as Lots 3 through 25., Block 15, LARKINS TOWNSITE SUBDIVISION.The site is generally bounded on the north by S.W.69'"St., m v on the east by S.W.591" PI., on the south by S.W.701"St., and on the west by S.W.61u Ave.The purpose of the application is to allow for the future construction of a six-story a student residential apartment building o At the conclusion of the Local Plannin g Agenmmeeting as set forth above the Planning Board will conduct a Public Hearing on the following item: m A Resolution of the Mayor and the City Commission of the City Of South Miami relating to a request pursuant to Section 20-10.6 of the Land Development Code for special use r approval to locate a stealth cellular communications facility on property located at 6330 S.W.40th St.(Bird Rd.)within the"PI".Public/Institutional Zoning District, d For more information regarding these applications or any matter, please call (305)663-6326 _ ... y if 7 . All interested parties are urged to attend. Objections or expressions of approval may be made in person at the hearing or filed in writing prior to or at the hearing.The Planning Board reserves the right to recommend to the City' Commission whatever the board considers in the best interest for the area involved. Interested parties requesting information are asked to contact the Planning and Zoning Department by calling 663-6326 or writing to the address indicated above. e You are hereby advised that if any person desires to appeal any decision made with respect to any matter considered at this meeting or hearing, such person will need a record of the proceedings, and for such purpose may need to ly ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon i• which the appeal is to be based(F.S.286.0105).Refer to hearing number when making any inquiry. :7 ^ v CITY OF SOUTH MIAMI NOTICE OF COMPREHENSIVE PLAN AMENDMENT NOTICE OF PUBLIC HEARING All interested persons are hereby notified that the City of South Miami Planning Board acting in its capacity as the Local Planning Agency (LPA) at a meeting scheduled for Tuesday,August 29,2000, commencing at 7:30 PM in the City Commission Chamber, City Hall 6130 Sunset Drive, South Miami, Florida 33143, will conduct a public hearing on the following proposed Comprehensive Plan Future Land Use amendment application: ITEM LPA-00-001 Applicant : JPI Apartment Development, L.P. Request : Consideration of an application to amend the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use category from the Mixed-Use Commercial Residential (Four-story height) category to the TODD, Transit Oriented Development District category (Flexible height up to 8 stories) on a 2.68 acre vacant site, said property being legally described as Lots 3 through 25, Block 15, LARKINS TOWNSITE SUBDIVISION.The site is generally bounded on the north by S.W. 69th St., on the east by S.W. 59th Pl., on the south by S.W. 70th St., and on the west by S.W. 61St Ave. The purpose of the application is to allow for the future construction of a six- story student residential apartment building. The purpose of the public hearing is to assist the Local Planning Agency in making a recommendation to the City Commission regarding the application and its transmittal to the Florida Department of Community Affairs. Copies of the application and the amendment package are available, for review prior to the public hearing in the City's Planning &Zoning Department, which is located at City Hall, 6130 Sunset Drive, South Miami, Florida 33143, second floor All interested parties may appear and be heard at the hearing. Parties are invited to submit written comments and materials in consideration of their views (F.S. 163.3184). You are hereby advised that if any person desires to appeal any decision made with respect to any matter considered at this meeting or hearing, such person will need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). For more information regarding this application or any matter, please call (305) 663-6344 Id aNZ9 MS ny aNZ9 MS 1S C9 M� Ma y O COO - 1SL9 MS ,1--3234 /C 1SL9 M N n %� ld H165 MS cn m I� r it -� W �o F _ 2 S--------- V AV —NaS Y J.W. Harris & Company 2665 South Bayshore Drive • Suite 702 • Coconut Grove,FL 33133 Licensed Real Estate Broker Telephone:305.859.8420 • Facsimile:305.859.8410 Licensed Mortgage Broker August 23, 2000 Mr. Subrata Basu, AIA, AICP Assistant City Manager, Planning Director City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: Jefferson Commons Dear Mr. Basu: With reference to your July 18th Letter to Joe Goldstein regarding the question of demand for market-rate rental apartments units, I have enclosed another study of Dade County's apartment market. The study highlights the fact that there continues to be a dearth of vacancies and proposed projects in Dade County. The South Miami/Coral Gables market enjoys one of the lowest level of vacancies in the County at 1.5% or less. Greenberg Traurig has related that you would like to know the current status of the dental office at the southwest corner of S.W. 59th Place and 69th Street. We have been working on trying to purchase this site for almost one year and have had no success to date. Having said that, there have been some recent conversations with the owner which lead me to believe that JPI may be able to acquire the site. I will continue to keep you abreast of our efforts. Very truly yours, ;Licensed�Reral. H uis & mpany JXK s W His Estate Broker AUG 2. 5 2000 cc: Joe Goldstein rodiffim NP Stephen James Rob Curtis ` JPI DADE COUNTY MULTI- FAMILY MARKET RENTAL APARTMENT VACANCIES AND INVENTORY The vacancy rate in mature(18+months old) rental apartment complexes in Dade County declined from 4.1%in May to 3.0%in August, 1999. The August, 1999 vacancy rate is considerably lower than the 4.9%level of August, 1998. The vacancy rate in Dade County was found to be the highest in the North Miami area at 6.8%. The Carol City area had the second highest level of vacancies at 5.6%. The lowest vacancy rate was found in the West Dade/ Perrine/Cutler Ridge area at 0.6%. The Coral Gables area had one of the lowest levels of vacancies in the county at 1.5%or less. sore art � ,�:v y..:...... ,.. North Miami Beach 4,136 134 3.2% North Miami Beach 2,103 142 6.8% Carol City 2,119 119 5.6% Miami Lakes/County Club 7,046 326 4.6% Northeast Miami 1,213 48 4.0% Northwest Miami 1,646 68 4.1% Hialeah 1,393 26 1.9% Doral/Miami Springs/Flagler North 5,796 162 2.8% Ba shore . 738 31 4.2% Old SW/N. Gales/S. Gales/S. 1,303 17 1.3% Sunset/East Sunset/West Sunset 1,207 18 . 1.5% Eastern Kendall 4,709 103 2.2% Kendall West 5,931 68 1.1% Howard/Tamiami/West Miami- .3,150 19 0.6% SW Miami-Dade/Homestead 2,254 30 1.3% South Beach 2,223 73 3.3% Central Beach/N. Beach/Surfside 4,241 152 3.6% 3:PZ.s 4"..'"... 9`fd, ;. ��v'?\ ;a,E„, i .......a,,,raexKaA � •: At the end of June, 1999 there were 143 new,never before occupied rental units available throughout Dade County. This is considerably less than the 223 units available in March, 1999 and this inventory represents only 1.4 months of supply at the rate of absorption of new units over the past six months. Based on the estimated annual demand for 3,876 new apartments in Dade County the inventory represents Tess than a 15 day supply. F:\USERS\Sophia\Dade County Apt Mkt 2.doc ABSORPTION OF NEW RENTALS During the second quarter of 1999 a total of 311 new rental apartment units were absorbed in Dade County. This is 3.3%greater than the 301 absorbed in the second quarter and 51.0%greater than the 206 absorbed in the second quarter of 1998. During the first half of 1999 the 612 new apartments absorbed is 14.8%more than absorbed during the same period of 1998. ' a 4 � 1992 TOTALS 1,206 832 495 1993 TOTALS 1,241 1,246 1,734 1994 TOTALS 873 902 2,301 1995 TOTALS 2,367 2,873 1,926 1996 1 st Quarter 550 346 208 2nd Quarter 350 112 0 3rd Quarter 234 123 374 4th Quarter 239 430 686 1996 TOTALS 1,373 1,011 1,268 1997 1st Quarter 149 0 771 2nd Quarter 281 288 626 3rd Quarter 277 543 388 4th Quarter 398 309 192 1997 TOTALS 1,1051 1,140 1,977 1998 1 st Quarter 327 189 128 2nd Quarter 206 159 0 3rd Quarter 451 408 855 4th Quarter 432 725 1,528 1998 TOTALS 1,416 481 2,511 1999 1 st Quarter 3011 1231 68 2nd Quarter 3111 2071 98 PERCENTAGE CHANGE 1998 vs. 1997 1 +28.1%1 +29.9% -22.7% 1999 vs. 1998 1 +14.8% -5.2% +29.7% F:\USERS\Sophia\Dade County Apt Mkt 2.doc A total of 207 new apartment units were completed in Dade County during the second quarter of 1999 and only 98 new units were started under construction. New apartment starts during the first half of 1999 are,however,29.7% more than started in the first half of 1998. New unit completion totaled 330 units during the first half of 1999,down 5.2&from the 348 completed in the first half of 1998. For the six month period ending with June, 1999 an average of 102 new rental units were absorbed each month. A total of 143 new units were available at the end of June, 1999 and this represented 1.4 months of supply at the pace of absorption over the past six months. At the estimated annual demand level for apartments in the county the inventory represents only about 0.4 months of supply. During the six month period an average of 55 units were being completed each month while 28 units were started each month. About 1,986 apartment units are under construction in Dade County. New rental apartment building activity remains well below the estimated demand level for 3,876 units per year. Apartment vacancy rates should continue to decline in Dade County on an overall basis as new supply remains well under the indicated demand for additional apartments. APARTMENT RENTS The overall average monthly rent for apartments in mature rental developments in Dade County increased by$8 to$795 from May to August,,1999. The August, 1999 overall average rent is 4.6%higher than the$750 average rent found one year earlier. The annualized rate of change in rents over the past three months is 4.0%. During the most recent three month period one-bedroom rents increased by$3 to$692,two-bedroom rents increased$10 to$881,and three-bedroom rents increased by$16 to$1,101. Efficiency unit rents increased by$1 to $556. Changes in projects participating in the surveys from one period to another can result in considerable fluctuations for efficiency and three-bedroom units where the supply is more limited. F:\USERS\Sophia\Dade County Apt Mkt 2.doc All Units $795 $787 $760 +1.0% +4.6% Efficiency $556 $555 $543 +0.2% +2.4% 1 Bedroom $692 $689 $668 +0.4% +3.6% 2 Bedroom $881 $871 $842 +1.1% +4.6% 3 Bedroom $1,101 $1,085 $1,025 . +1.5% +7.4% The overall average rent per square foot of livable area in apartments throughout Dade County is 89.20. Efficiency units rent for an average of 109.1¢per square foot while one-bedroom apartments rent for an average of 92.1 Two-bedroom apartments rent for an average of 86.20 per square foot of livable area while three-bedroom units rent for an average of 92.40 per square foot. It should be noted that the rents revealed by these survey data are not necessarily representative of rents that might be found in a new rental developments. The rents are averaged from projects including many small and older complexes. F:\USERS\Sophia\Dade County Apt Mkt 2.doc 1 BR 1,589 880 North Miami Beach 2 BR 1,813 1,115 3 BR 651 11436 1 BR 1,200 602 North Miami 2 BR 750 760 3 BR 1 BR 849 537 Carol City 2 BR 1,065 685 3 BR 76 818 1 BR 3,136 703 Miami Lakes/Country Club 2 BR 3,488 840 3 BR 228 1,005 1 BR 818 593 Northeast Miami 2 BR 335 823 3 BR -- 1 BR 642 608 Northwest Miami 2 BR 954 702 3 BR 48 823 1 BR 571 517 Hialeah 2 BR 581 676 3 BR 163 684 Doral/Miami Springs/Flagler 1 BR 2,563 681 North 2 BR 3,453 830 3 BR 445 978 1 BR 682 559 N/S Gables/S. Miami 2 BR 459 991 3 BR - Sunset/East Sunset/West 1 BR 692 577 Sunset 2 BR 398 684 3 BR -- 1 BR 2,183 635 Kendall 2 BR 2,198 800 3 BR 272 913 1 BR 2,455 655 Kendall West 2 BR 2,713 771 3 BR 606 856 Howard/Tamiami/Perrine/ 1 BR 1,278 677 Cutler Rid 2 BR 1,649 857 Ridge 3 BR 223 1,066 1 BR 1,024 537 SW Dade/Homestead 2 BR 704 694 3 BR -- -- 1 BR , 1,078 792 South Beach 2 BR 459 1,397 3 BR -- -- Central Beach/N. 1 BR 2,342 875 Beach/Surfside 2 BR 1630 1,264 0 3 BR 52 1,566 F:\USERS\Sophia\Dade County Apt Mkt 2.doc Florida Department of Transportation OFFICE OF PLANNING-DISTRICT SIX JEB BUSH 602 SOUTH MIAMI AVENUE,MIAMI,FLORIDA 33130 THOMAS E BARRY,JR. GOVERNOR PHONE:(305)377-5910 (SC)452-5910 SECRETARY FAX: (305)377-5684 (SC)452-5684 August 18, 2000 Mr. Joseph Goldstein, Esquire Greenberg Traurig, P.A. 1221 Brickell Avenue Miami, Florida 33131 Dear Mr. Goldstein: SUBJECT: City of South Miami: Proposed Comprehensive Plan Amendment Thank you for the opportunity to review your letter, dated July 27, 2000, and the attachments, which outline the proposed amendment to expand the transit oriented development district. I have reviewed the information, and it does not appear that the Department would have any issues with the proposed amendment. Based on this information, it is unlikely that the Department would . . have any objections, recommendations, or comments on the amendment when it is transmitted to the Department of Community Affairs for review, provided there are no significant changes. Please do not hesitate to contact me if you have any questions. Sincerely, V c � Phil Steinmiller, MCRP Systems Planning Administrator cc: Gary Donn, District Director of Planning and Public Transportation �Subrata Basu,, Assistant City Manager and Planning Director .AUG 2 5 DUMP www.dot.state.fl.us. ®RECYCLED PAPER FL. DEPT. OF TRANSPORT Fax:305-377-5684 Aug 21 '00 14:07 P.01 Florida Department of Transportation OFFICE OF PLANNING•DISTRICT SIX in BUSH 602 SOUTH NXAMI AVENUE,MIAMI,FLORMA 33130 THOMAS F.BARAV,JR. GOVERNOR PHONE.,(30S)3775910 (SC)45Z-5910 SECRETARX FAX: (305)377-5684 (SC)452-5684 August 18, 2000 Post-l�t`'"brand fax transmittal memo 7671' ,+r of roses► J�1 (� L� From To _ Mr. Joseph Goldstein, Esquire ea. 1B AAA Co. S+ei w.4 Greenberg Traurig, P-A. Dept. Phone# 1221 Brickell Avenue Fax# Fax# Miami, Florida 33131 a Dear Mr. Goldstein: SUBJECT: City of South Miami: Proposed Comprehensive Plan Amendment Thank you for the opportunity to review your letter, dated July 27, 2000, and the attachments, which outline the proposed amendment to expand the transit oriented development district. I have reviewed the information, and it does not appear that the Department-would have any issues with the proposed amendment. Based on this information, it is unlikely that the Department would have any objections, recommendations, or comments on the amendment when it is transmitted to the Department of Community Affairs for review, provided there are no significant changes. Please do not hesitate to contact me if you have any questions. Sincerely, Phil Steinmiller, MCRP Systems Planning Administrator cc: Gary Donn, District Director of Planning and Public Transportation Subrata Basu, Assistant City Manager and Planning Director ?CRT AUG 2. 1 2W0 PAN"QN00 www.dot.state.fi.us G RECYCLED PAPER MIAMI-DADE COUNTY PUBLIC SCHOOLS GOVERNMENTAL AFFAIRS AND LAND USE POLICY AND ACQUISITION•1450 N.E.2ndAvenue,Room 525•MIAMI,FLORIDA 33132 (305) 995-7280 Roger C. Cuevas Miami-Dade County School Board Superintendent of Schools August 18, 2000 Ms. Perla Tabares Hantman, Chair Dr. Michael M. Krop, Vice Chair Mr. G. Holmes Braddock Dr. Robert B. Ingram Mr. Subrata Basa, AIA, AICP, Director Ms. Betsy H. Kaplan Mrs. Manty Sabates Morse Planning and Zoning Department Mr. Demetrio Perez,Jr., M. S. City of South Miami Dr. Marta Perez 6130 Sunset Drive Dr. Solomon C. Stinson South Miami, FL 33143 Re: Pending South Miami Comprehensive Plan Amendment/Transit Oriented Development District ("TODD") Northwest Corner of S.W. 59th Place and S.W. 70th Street Dear Mr. Basa: Pursuant to the City's request and the requirements of Florida Statute 235.193 (2), attached please find Miami-Dade County Public Schools (MDCPS) school impact analysis for the above referenced . application. The applicant is proposing a land use change from Mixed-Use Commercial Residential to Transit Oriented Development District. The proposed application of 242 additional units would generate a school impact of 41 students; 22 elementary school students, 10 middle school students and 9 senior high school students. No Board authorized mitigation plan has been proffered by the above referenced applicant. The School Board has no jurisdiction over zoning decisions. Nothing contained herein should be construed as an endorsement of the proposed application. I would appreciate if the district school information is made available for Board review. Should you have any questions, please call me at 305-995-4603. Sincerely, r y Sally Osbo e Supervisor SO:aj L466 Attachments RIV cc:_ Mr. Delio G. Diaz 2 Mr. Alex David AUG �., WO Mr. Joseph G. Goldstein has"sow- F �1. d SCHOOL IMPACT REVIEW ANALYSIS APPLICATION: JPI Apartment Development, L.P. REQUEST: Land use change from Mixed-Use Commercial Residential (four story height limit), to Transit Oriented Development District (up to 8 stories) ACRES: 2.68 acres LOCATION: Northwest of S.W. 59 Place and S.W. 70 Street, City of South Miami NET INCREASE PROPOSED CURRENTLY RESIDENTIAL ALLOWED UNDER DEVELOPMENT EXISTING LAND USE CLASSIFICATION NUMBER OF UNITS: 242 multi-family 306 multi-family 64 multi-family units units units ESTIMATED STUDENT POPULATION: 41 students 52 students 11 students ELEMENTARY: 22 28 6 MIDDLE: 10 13 3 SENIOR: 9 11 2 SCHOOLS SERVING AREA OF APPLICATION: ELEMENTARY: Ludlam Elementary - 6639 S.W. 74 St. MIDDLE: South Miami Middle - 6750 S.W. 60 St. SENIOR HIGH: South Miami Sr. - 6856 S.W. 53 St. a„ SCHOOL UTILIZATION: The October 1999 FTE membership, permanent utilization, permanent/temporary utilization and program capacity utilization, taking into account new school openings and 2000-2001 attendance boundary changes, are as follows: MEMBERSHIP PERMANENT PERMANENT/ PROGRAM UTILIZATION TEMPORARY CAPACITY UTILIZATION UTILIZATION Ludlam Elementary 567 135% 93% 127% South Miami Middle 1149 160% 132% 136% South Miami Sr. 2749 142% 134% 139% Feeder Pattern: South Miami Sr. 146% PLANNED RELIEF SCHOOLS IN THE AREA: School Status Occupancy Date N/A OPERATING COSTS: According to Financial Affairs, the average cost for K-12 grade students amounts to $5,062 per student. The total annual operating cost for additional students residing in this development, if approved, would total $207,542. CAPITAL COSTS: Based on the 1994-95 Educational Facilities Impact Fee Study, construction costs for the estimated additional students to be generated by the proposed development are: ELEMENTARY 28 x $ 11,790 = $ 330,120 MIDDLE 13 x $ 12, 232 = $ 159,016 SENIOR 11 x $ 18, 619 = $ 204,809 Total Potential Capital Cost $ 693,945 The School Board's estimated capital costs are based upon the actual costs of land acquisition, land development and construction of elementary, middle or senior high school facilities. Such costs do not include furniture, fixtures or equipment, buses or other capital costs. ;;w_MIAMI-DADE COUNTY PUBLIC SCHOOLS GOVERNMENTAL AFFAIRS AND LAND USE POLICY AND ACQUISITION-1450 N.E.2nd Avenue,Room 525-MIAMI,FLORIDA 33132 (305) 995-7280 Roger C.Cuevas Miami-Dade County School Board Superintendent of Schools August 17, 2000 Ms. Perla Tabares Hantman, Chair Dr. Michael M. Krop, Vice Chair Mr. G. Holmes Braddock Mr. Joseph G. Goldstein Dr. Robert B. Ingram Ms. Betsy H. Kaplan Greenberg, Traurig, P.A. Mrs. Manty Sabates Morse 1221 Brickell Avenue Mr. Demetrio Perez,Jr., M. S. Miami, FL 33131 Dr. Marta Perez Dr. Solomon C. Stinson Re: Pending South Miami Comprehensive Plan Amendment/Transit Oriented Development District("TODD") Northwest Corner of S.W. 59" Place and S.W. 70`" Street Dear Mr. Goldstein: Attached please find Miami-Dade County Public Schools' (MDCPS)preliminary review of impact for the above referenced application. Based on the information recently provided to MDCPS, the proposed application of 242 additional units would generate a school impact of 41 students; 22 elementary school students, 10 middle school students and 9 senior high school students. The proposed application currently creates concerns. The District would be glad to further discuss this matter with you. However,please note that should you desire to propose a mitigation plan, it must be forwarded through the District's Management Team process. Please be aware that all mitigation proposals also require School Board approval. If you have any questions, or wish to be scheduled before the Management Team,please call me at 305-995-4603. Sincerely, Sally Osborne Supervisor SO:aj L467 Attachments VM1. cc: Mr. Delio G. Diaz AUG 2 20M Mr. Alex David /Mr. Subrata Basa SCHOOL IMPACT REVIEW ANALYSIS APPLICATION: JPI Apartment Development, L.P. REQUEST: Land use change from Mixed-Use Commercial Residential (four story height limit),to Transit Oriented Development District(up to 8 stories) ACRES: 2.68 acres LOCATION: Northwest of S.W. 59 Place and S.W. 70 Street, City of South Miami NET INCREASE PROPOSED CURRENTLY RESIDENTIAL ALLOWED UNDER DEVELOPMENT EXISTING LAND USE CLASSIFICATION NUMBER OF UNITS: 242 multi-family 306 multi-family 64 multi-family units units units ESTIMATED STUDENT POPULATION: 41 students 52 students 11 students ELEMENTARY: 22 28 6 MIDDLE: 10 13 3 SENIOR: 9 11 2 SCHOOLS SERVING AREA OF APPLICATION: r ELEMENTARY: Ludlam Elementary - 6639 S.W. 74 St. MIDDLE: South Miami Middle - 6750 S.W. 60 St. SENIOR HIGH: South Miami Sr. - 6856 S.W. 53 St. SCHOOL UTILIZATION: The October 1999 FTE membership, permanent utilization, permanent/temporary utilization and program capacity utilization, taking into account new school openings and 2000-2001 attendance boundary changes, are as follows: MEMBERSHIP PERMANENT PERMANENT/ PROGRAM UTILIZATION TEMPORARY CAPACITY UTILIZATION UTILIZATION Ludlam Elementary 567 135% 93% 127% South Miami Middle 1149 160% 132% 136% South Miami Sr. 2749 142% 134% 139% Feeder Pattern: South Miami Sr. 146% PLANNED RELIEF SCHOOLS IN THE AREA: School Status Occupancy Date N/A OPERATING COSTS: According to Financial Affairs, the average cost for K-12 grade students amounts to $5,062 per student. The total annual operating cost for additional students residing in this development, if approved, would total $207,542. CAPITAL COSTS: Based on the 1994-95 Educational Facilities Impact Fee Study, construction costs for the estimated additional students to be generated by the proposed development are: ELEMENTARY 28 x $ 11,790 = $ 330,120 MIDDLE 13 x $ 12, 232 = $ 159,016 SENIOR 11 x $ 18, 619 = $ 204,809 Total Potential Capital Cost $ 693,945 The School Board's estimated capital costs are based upon the actual costs of land acquisition,land development and construction of elementary,middle or senior high school facilities. Such costs do not include furniture,fixtures or equipment, buses or other capital costs. GREENBERG TRAURIG 1221 Brickell Avenue, Miami, Florida 33131 Sender's Direct Phone: (305)579-0737 Sender's Direct Facsimile: (305)961-5737 Please notify us immediately if not received properly at 305-579-0715 or 305-579-0716 Transmittal Cover Sheet FROM STEPHEN M. JAMES, ESQ. JOSEPH GOLDSTEIN, ESQ. Date August 14, 2000 Time 3:32 PM File Number 15894.0103 No. Pages (Including this cover sheet) 2 TO NAME TELEPHONE NO. FACSIMILE NO. 1. Subrata Basu (305) 633-6344 (305) 666-4591 Comments As per our conversation, attached please find an updated first floor Site Plan. An 11 X 17 hard copy will follow. You should receive JPI's official response within the hour. As always, please call should you have any questions. The Information contained in this transmission is attorney privileged and confidential. It is Intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient,you are hereby notified that any dissemination, distribution or copy of this communication Is strictly prohlbited. If you have received this communication in error,please notify us Immediately by telephone collect and return the original message to us at the address below via the U.S.Postal Service. we will reimburse you for your postage. Thank you. C4/ AUG 14 '00 14141 FR JPI--HAVE A NICE DAY 9725566952 TO 913059615737-110 P.01/01 gels 0 k 1 : , I RR.-. Itill t N°°wd ! 1 !gas 1 ^O { { l , f , 1 1 � 1 t { ! � t 1 , � t 1 ** TOTAL PAGE.01 I �,a� �w. ,qy ?� s s { • v. = TBE f HOWTO"'� PLAN" AREA 2 Detailing Additional Neighborhoods in a SOUTH MLQAI, FLORIDA i Dover, Kohl & Partners, Urban Design with 3 Judson&Partners Holland &Knight Peter M.-Fernandez,PE I � .I November. 11, 1994 Building-to-Street Props ons: The streets should be thought of as three-dimensional p ublic spaces. The buildings which front the streets form the walls of an agreeable spatial "room." If the buildings are too low, the space dissolves (along with the shade and economic productivity of the land). One-story buildings are inappropriate, for example, for streets as wide or important as Sunset Drive, SW 59th Place, and SW 62nd Avenue; buildings on these streets should be a minimum two stories in height. Building Height Presently a four-story height limit applies to most Sunset properties, although there are taller existing buildings in the Sunset corporate corridor which were built before that limit took effect. Strong feelings were expressed by some charrette participants both for and against this regulation. By increasing the permitted height to six or eight stories in certain circumstances with special conditions, the development attraction and the tax base could be enhanced. Such a change would require an amendment to the City's Comprehensive Plan. This change, if pursued,. should be limited to properties fronting Sunset Drive or SW 62nd Avenue south of SJV 70th Street and north of DLxie Highway. Two concerns arise from taller buildings, but both are addressable: First. there is concern about maintaining a human scale. Four story buildings along the street create an agreeable street space and do not overwhelm pedestrians or neighbors. If taller buildings are permitted, then they should be designed with. a sizable "step-back" terrace at the fourth floor terrace level, should include a cornice or "expression line" between the first and second floor, and should provide an arcade over the sidewalk. The City should allow exceptions to its four-story height custom onli.-fa• buildings that are exemplary in all other respects. Second, there is concern that oversize developments, especially office buildings, will generate undesirable traffic impacts. The issue is that large numbers Y of workers will travel to single-use buildings at peak hours, congesting the road network. If taller buildings are permitted, they could be required to include a balanced mix of uses (with, for example, storefronts on the ground level, offices on I middle floors, and residences on upper floors). If taller office buildings are permitted, the), could be approved conditionally (upon, for example, the creation of complimentary affordable housing within walking distance.) The City should allow exceptions to its four-story height custom only for developments that are "se f solving" with regard to negative impacts on the surrounding neighborhood. 15 proper community presence, and visual blight will be replaced with a setting that inspires civic pride. SW 70th Street and SW 71st Street: t • Continuing the pioneering effort of the Hotel Vila, infill the oversize parking lots and vacant lots with new traditionally-scaled buildings. With the traffic rerouting for north bound US 1 motorists, properties fronting 70th Street will • The blocks north of SW 70th Street between SW62nd Avenue and SW 59th Place should have mixed-use buildings on their south half and residential buildings (i.e. rowhouses) on their north half, to best face the Lee Park Cooperative townhouse complex. Benefits: Economic development plus improved character and vitality. Metrorail Station: • Add a "liner" building onto the d existing parking garage along 70th Street and 59th Place. • Permit cart vendors or kiosks at tlic transit entry plaza. • Re-orient the crosswalk at US 1 for the shortest distance. • Improve lighting within the garage. f , e .�' • I Benefits: The street will become a safer place with retailers and office _ workers providing "eyes on the street." Both the streetscape and small park will be more attractive if faced by occupied buildings rather than garage walls. Metrorail and local businesses will benefit from new customers. South Miami Post Office: T • Remove the chain link fence and barbed wire; these send a potent negative message about the neighborhood. • Plant trees along the sidewalks on the east and south of the site. 20 y2 S,� ,• � Via• �.�,�,. v } ►,' .`,ttom ^ Al " Q, �� - - ^�[�l:^�r•t$;K'`�`A,�`-'' ��SY•Y.4S'�� T��','1�•�'ti..ytt y fr' 'L rfik,,k. = n 1,r >>; .{.: �tf-�,;. L iat. t '+c'�•y!" �' , �' ,;.t.t " ',_'�,?"l :'�•r'��E^,/�,}:�•.•Le. 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S-.t�•t c_�(•(. .. r__�,�__Y °.C l=,t 7 �..�' •r3:-,. ..7.rt.•, .5�. .._. ,__ n Y- .. . . :x•L... rY.':�r , . _._ ., f.__ ❑ 0 0 I U U U j❑yi iii j i i i I p oQ ad <9 10 1 S s rt SE — 4 ODFA y . .ER L I TR C>E7 ❑ �, " ', t r* s . o, I •i0 ❑ I ❑ ❑ fl 11 TA �� HOLSUM BAKE Y ;. ❑ - - - ❑ LU SUNSET DR.(S.W.72 ST.) Ej ❑ ��� i R ON 2 ❑ ° i I f 0� i ( �—l Lj� ❑ v O FE== P OE�j� F OPPORTUNITIES In addition to the vacant tracts within the U.S. 1,where significant private property station area where new development assemblage has already occurred, may most obviously occur, there are at The fourth area(4)is immediately west of least five distinct areas of the South the station site, in the blocks between Miami Station area where the station Sunset Drive, S.W. 69th Street, S.W. 59th could spur significant new development. Place and S.W 62nd Avenue. Although The first tract (1) is that of the Holsum some significant structures exist here, Bakery, for if the bakery relocates, it vacant land and many low intensity uses would leave a large, centrally located could lead to significant redevelopment tract of almost 12 acres for redevelop- of these blocks. ment, Finally,the in us na area norm Or Tne The second area(2)is the area between station site, despite its diversified own- S.W. 73rd and 74th Streets and S.W. 57th ership pattern, will likely see some and 58th Avenues on the fringe of the changes in usage. If these changes are downtown. Here, vacant tracts and significant,they could,in turn,lead to the large areas of at-grade parking indi- redevelopment of the tract north of the cate the availability of the land, and industrial area on Red Road,currently a their location appears appropriate to game emporium.This piece of land has attract investment. a history of changing uses. The third area (3) is the block im- mediately south of the station site across - - :r _ � + �i CURTIS & KIMBALL COMPANY August 14, 2000 HAND DELIVERED Mr. Subrata Basu, AIA, AICP Assistant City Manager/ Planning Director City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: JPI Apartment Development, L.P. Application for a Comprehensive Plan Amendment Dear Mr. Basu: Thank you for your preliminary review of the above-referenced application. This letter contains our responses to the issues related to the Comprehensive Plan amendment. For clarity, the format we are using shows your comments in bold face type and our answers in regular type. Issues related to the Comprehensive Plan amendment request: Public Facilities Report: • Report should compare maximum development under current land use and the maximum development under the-proposed land use. For comparative purposes, maximum development under current land use was calculated as follows: The 2.68 acre parcel was converted to square footage by multiplying the acreage by 43,560. The result, 116,741 square feet, was then multiplied by the current Medium-Intensity Office District (MO) designation's floor area ratio (FAR) of 1.6. The sum -- 186,785 square feet -- was then used in the calculations shown in Table 2, Approved Designation Impacts. There are two restrictions governing maximum development in a Transit Oriented Development District (TODD), the proposed land use: building height (MU-5 - eight stories, maximum 100 feet) and "as many units as may be permitted as can be provided with parking." TODD zoning does not specify a FAR. Instead, floor area Community & Natural Resource Planning Consensus Building•Regulatory Approvals 4101 Laguna Street Coral Gables, Florida 33146 (305) 648-0050/(305)648-0052 Fax rcurtis®curtiskimball.com ackmurley®curtiskimball.com Mr. Subrata Basu August 14, 2000 Page 2 minimums are established for efficiency/studio, one-, two- and three-bedroom apartments. The proposed project is the not the maximum development scenario that can be designed within these restrictions. More apartments could be added. The project as configured is the maximum that is marketable. • Demands on various services should be based on the actual rates used by various permitting agencies, e.g. see attached Miami-Dade Water and Sewer Department rate sheets for water allocation. The City's Comprehensive Plan uses an average figure, which is not applicable to a project specific situation. It is generally accepted that service demand for residential use is far greater than that of office use. Tables 1, 2 and 3 have been revised and are printed on the next page. § _ cc _ . 2 w = & U) 0 0 / C,4 r- ^ k � @ \ < , U) _ § cc } \ co « 22 � / 0k� \ = S e e < d G G @ q C' o b \ ƒ G G ) \/ < 0 / a < < ) » » � < % o § X770) � � @ o 8 § 0 % e7 7 < 0 o ® o � z � < M 0 k� \ 2 ) 72 \ K � � o § / � j G G N w < 1 § 0 \k % Rce O < ¥ a § nr w0 = C) � iz z /2 _jz � � 2 8 _ n U)-1 m � 2 w < 2k k� % � > � e = _jE \ 7 7 7 _j § 22 N ® < w % O � q �w \ \ m0 U ® kg � = G $ � ° < « tr L / G ® m © O �o � 0 e - _ « m in \ j 0 a z - w «mom ■ . � o _\ % q O � 0 a @SG a R 7 § ) � kk � 0 t & E 04 4 « � � � m � z < Qo % 77 & a ] f. { E3 ) � § k\ § C@ Ek� ■ © / % _ (D (D U) 1.1 cccc U » 2 , (Do - @22 Kl � ® k . _ z k 000 I2 � z � � � c w § $nE R a = o ® 2 % Wo ko § 2M0M w ) c � � e \ mac R � � co ,a o - m z2kk Y U @ / r $42 r _ kkk @ O = m w & & m \ = k w $ \ = k ku wee 8 - ae m So sae « 0xw . D § � 0: ) ��l 1 11 Mr. Subrata Basu August 14, 2000 Page 4 • Traffic analysis and concurrency for the maximum potential development is required. Additional data such as Average Daily Volume is needed to identify the Level of Service on the two lane streets surrounding the proposed project site. Additional data is provided in Tables 4 and 5. TABLE 4 TRAFFIC-APPROVED DESIGNATION IMPACTS ITE LAND USE CODE UNIT PM PEAK TRIPS AVERAGE DAILY TRIPS ITE Equation' Total ITE Equation' Total Trips Trips Office 710 186,786 T=1.121(X)+79.295 =289 n =0.768Ln X +3.65 2,144 Total 2,144 TABLE 5 TRAFFIC-PROPOSED DESIGNATION IMPACTS ITE LAND USE CODE UNIT PM PEAK TRIPS AVERAGE DAILY TRIPS Total Total ITE Equation' Trips ITE Equation' Trips Residential 230 306 Ln =0.777Ln X +0.590 154 Ln =0.850Ln X +2.56 1,684 Retail 820 31000 1 Ln =0.660Ln X +3.403 62 Ln =0.643Ln X +5.86 715 Total 216 2,399 'ITE 6th Edition. • All utility upgrades required for the maximum development need to be identified. Preliminary information from the Miami-Dade County Water and Sewer Department suggested that a fire-flow test needed to be performed on the existing 8-inch water main located in SW 59 Place and SW 69 Street before water and sewer availability could be determined. The main was tested on June 23, 2000. The result of the test showed available flow greater than 2,000 GPM, meaning that the main passed the fire-flow test. Water connection can be made from the property to a 12-inch water main to be installed westerly in SW 69 Street to SW 61 Avenue, followed by Mr. Subrata Basu August 14, 2000 Page 5 installation and connection of a 12-inch water main southerly in SW 61 Avenue to SW 70 Street and interconnection to an existing 8-inch water main in SW 70 Street. The County also owns and operates an 8-inch gravity sewer main located in SW 69 Street and SW 59 Place abutting the northern boundary of the site to which the Applicant can connect, provided that there is sufficient depth and that there are no obstacles which would preclude construction of the sewer. With regard to solid waste, the Miami-Dade County Department of Solid Waste Management does not measure waste disposal capacity utilization on a case-by- case basis. Instead, the adequacy of capacity is evaluated on a system-wide basis in terms of existing waste delivery commitments from both public and private sector waste haulers. The Applicant is coordinating this issue with the Department of Solid Waste Management (please see Attachment A, letter to Deborah Silver). • School impacts need to be addressed. The residents of the proposed development are expected to be primarily students at the University of Miami. It is anticipated that the majority of these residents will be unmarried and without children; thus, impacts on the public school system would be minimal. Joseph G. Goldstein, attorney for the Applicant, wrote to Ms. Sally Osborne, Supervisor of the Department of Development and Governmental Affairs for the Miami-Dade County Public Schools, on July 27, 2000, informing her of this proposed project and requesting a statement of the project's impacts on public schools. A copy of this letter was forwarded to you. Site Plan: • A complete set of plans with a completed and properly developed site plan is required. The comment has been noted by the Applicant. • Neighborhood Analysis to demonstrate relationship and compatibility of the request to the surrounding land uses, height and density is essential for evaluating the request. The site is surrounded by the full spectrum of land uses on four sides. Directly to the north, across SW 69 Street, is a large, fenced Community Redevelopment Housing complex of two-story, multi-family condominium buildings widely spaced with landscaped areas including large trees. To the south, across SW 70 Street, is a visually busy sequence of commercial buildings: two one-story office buildings dominated by two four-story office buildings and the back of The Hotel Villa (also four stories high, plus roof-top space) with the parking garage entrance. To both the east and to the west are public, institutional facilities: to the east is a block-long, two-story Mr. Subrata Basu August 14, 2000 Page 6 U.S. Post Office and, to the west, a parking lot for employees of Larkin Hospital with the hospital visible beyond. Behind these immediate neighboring uses, to the west, north and northeast there are small office buildings, some small retail and single family housing, and a few empty buildings and empty lots. Looking down SW 70 Street and connecting to the neighborhood to the southeast, one sees the imposing architecture of the five-level Metrorail parking garage which adjoins the elevated tracks. The Shops at Sunset, visible from SW 70th, provide an intense mix of retail, entertainment and residential uses. Close by, on Sunset, are City Hall, the library, police station, and commercial outlets including a bank and a gasoline station. The prevailing appearance of the neighborhood shows a low to medium range of building heights, from one story to multiple stories. The skyline includes the six-story Larkin Hospital, The Shops at Sunset and other substantial buildings described previously. The neighborhood is characterized by its complex mix of uses and architecture. In keeping with the various densities of the existing built environment, population concentrations also vary, given the wide variety of land uses. If the request to build the proposed project is approved, the building's retail and residential components will each add life and appeal to the neighborhood. The architecture and plan of the building will be designed for aesthetic as well as functional purposes and will take into consideration the various land uses on neighboring parcels. The retail component will front on SW 59 Place. The focus will be on street-level, pedestrian amenities with residential above, all located in proximity to mass transit. The building will be handsome, different from but merging successfully with its neighbors because of its basically traditional style. The structure will be of moderate height, two to four stories higher than most of the buildings in the area but not overwhelming, out of scale or out of place given the other buildings in the area with heavy mass, such as Larkin Hospital and the Metrorail parking garage. The future character of the neighborhood may be further changed by the addition of several levels to the parking garage and additional retail in the immediate vicinity of the Metrorail station. Building Height. • Need gradual transition to the neighborhood. The neighborhood, as described, is made up of a variety of land uses in close relationship. The project site is surrounded by this mix of uses but can be viewed as a transition area between retail/commercial/office/hotel and lower density residential. Mr. Subrata Basu August 14, 2000 Page 7 • Needs to reflect desired character of the area. The proposed building will bring to the neighborhood a compatible appearance in keeping with its compatible functions. The project will aid in the fulfillment of several planning goals: creation of a pedestrian-friendly, mixed-use neighborhood with generous off-street parking, located conveniently near to offices and public services such as medical facilities, a library, police station and a hotel. The project will bring new residents to the neighborhood who will support the retail establishments and who will use the mass transit system. • Show relationship to the street profile through street cross-section. The comment has been noted. The drawing will be submitted with the complete set of plans. Density. • Project is too dense. As proposed, the project will result in 7% of the City's population concentrated in 2.68 acres. The City of South Miami's Comprehensive Plan begins with a statement of Future Vision, which we quote in full: We value our socially diverse neighborhoods, our traditional retail service areas, our modern medical community and our small town character. We will strengthen our neighborhoods, support our Hometown District, and encourage development of our urban core link to the Metrorail transit station in a manner that enhances our community and improves our tax base. The proposed project would appear to be appropriately located for a concentration of residents in the urban core, in an attractive pedestrian-oriented setting within walking distance of public services such as the library, a variety of retail establishments, and mass transit, without detracting from the city's basic small town character and while improving the tax base. Further, quoting from the City's Land Development Code, the purpose and intent of the TODD designation is "to encourage a mix of high density uses, specifically residential, retail and office uses." TODD encourages residential density by giving a bonus of one additional floor of residential use (with required parking) for every floor of residential use. • Analysis of compatibility with the surrounding densities is needed. Maximum density for the abutting land uses for overall development is 1.6 FAR inclusive of a cap of 24 units per acre for residential development. Mr. Subrata Basu August 14, 2000 Page 8 The map of future land use shows TODD (4+4-story) designation planned for the block directly to the east of the proposed project (across SW 59 Place). TODD designation is also indicated for the block directly north of the post office, which faces the multi-family residential condominium complex. As noted in the response to the first question, TODD does not specify a FAR. • Comparable projects, when prorated to 4 or 6 floors, provide a density range of 35 to 53 du/acre for 4 stories and a density range of 53 to 79 du/acre for 6 stories. Jefferson on Camino Real appears to have the most density. The location of this project is in the middle of a heavily commercial area as compared to the proposed project, which is a part of a neighborhood that is varied in use and density. The comment has been noted. Regardless of the number of floors, the number of units per acre of the proposed project remains within the density range of the comparable projects. • Examples of Sunny Isles Beach, City of Miami and Coral Gables are not compatible contexts for South Miami for the neighborhood characteristics, density and height. Closest to home, we suggest that the example of JPI's approved project in Coral Gables, Jefferson at Douglas Entrance, is worth a second look to view similarities to and differences from the proposed project in South Miami. The Coral Gables development will have as neighbors one- and two-story single family homes and small multi-family buildings as well as large commercial buildings. With its extreme mix of land uses and architectural styles in close contact, the Coral Gables project has similar neighborhood characteristics and contrasts of density and height. Further south on Douglas Road, in the City of Miami, is another example of this type of neighborhood with a mix of characteristics, density and height: the 10-story building now called Gables East. This multi-family apartment building, now being sold as condominiums, adjoins a neighborhood of small, one-story homes to the east. The location provides easy access to office and retail buildings west of Douglas Road and extending down Miracle Mile. Market Analysis: • Need some basic market data and analysis (vacancy rates in the area, rental rates, projection and distribution of number of off campus students, how does it complement/conflict with University of Miami on campus housing supply/policies, etc.) At the direction of the Applicant, James W. Harris, licensed real estate broker, wrote a letter to you dated August 1, 2000, providing documentation of current and Mr. Subrata Basu August 14, 2000 Page 9 anticipated demand for market-rate rental apartment units in Miami-Dade County. The letter included a newspaper article from Miami Today dated June 8, 2000, headlined "Apartment rents, supply and demand all on rise countywide." In the current issue of Miami Today dated August 10, 2000, is an news story headlined "Influx of new arrivals fuels already hot regional rental market." We are including a copy of this article as Attachment B. Responses to your comments related to building and urban design will follow under separate cover. We look forward to continued dialogue with you on this project. Sincerely, m6dh4l�x 4r Rob Curtis, AICP cc: Charles D. Scurr, City Manager Joseph G. Goldstein, Esq., Greenberg Traurig John Cutrer, JPI Attachment A Letter to Miami-Dade Department of Solid Waste Management THE CURTIS & KIMBALL COMPANY August 9, 2000 Ms. Deborah Silver Special Projects Administrator Miami-Dade Department of Solid Waste Management 8675 NW 53rd Street, Suite 201 Miami, Florida 33166 Re: JPI Apartment Development, L.P. Application for Comprehensive Plan Amendment, City of South Miami Dear Ms. Silver: JPI Apartment Development, L.P., is applying for approval to build a 306-unit apartment building in South Miami. The proposed building will also contain 3,000 square feet of retail space on the first floor. The site is bounded by SW 69th Street on the north, SW 70th Street on the south, SW 61st Avenue on the west and SW 59th Place on the east, with the exception of an existing, small office building on the corner of 69th Street and 59th Place. As part of the process of applying for an amendment to the City of South Miami's Comprehensive Plan, we need to obtain information from the Miami-Dade Department of Solid Waste Management on its ability to provide our site with solid waste disposal services. We would appreciate your response in writing at your earliest convenience. If you have any questions, please do not hesitate to call me at (305) 648-0050. Thank you very much. #Sncer ,Curtis, AICP Community & Natural Resource Planning Consensus Building•Regulatory Approvals 4101 Laguna Street Coral Gables, Florida 33146 (305) 648-0050/(305) 648-0052 Fax rcurtis®curtiskimball.com ackmurley®curtiskimball.com Attachment B Miami Today, August 10, 2000 "Influx of new arrivals fueld hot regional rental market" 0. 12:00 305-859-8410 JW HARRIS PAGE 02- "rL CL I 9 9- > m Ar, .4 a 5 U Ito .,030 twig EL MUM 4" top" w F = 00 . ur 0 UFS".- lie I I ir 4 a a Jea, rr- p � I r" Fg, 1. IT City of Soutti Miami 6130 Sunset Drive, South Miami, Florida 33143 August 12, 2000 Joseph G. Goldstein, Esq. Greenberg Traurig, P.A. 1221 Brickell Avenue Miami, Florida '3131 Re: JPI Apartment Development, L.P./Application for a Comprehensive Plan Amendment Faxed : 305 961-5737/August 12, 2000 Dear Mr. Goldstein: As you know the above referenced application is scheduled to be presented to the Local Planning Agency on August 29, 2000. The legal advertisement for the meeting is due to appear on the Metro Section of The Miami Herald on Thursday the August 17`h. A staff report with recommendation needs to be completed about that time for public review along with the application. The report also has to be sent to the members of the Local Planning Agency at least a week ahead of the meeting date. You may recall that a list of issues were identified that needed to be addressed and or clarified before a full review of the application could be made. A letter outlining these issues was transmitted to you on July 18,2000. Except for some correspondence regarding the market analysis, the City has, as of this date, not received any of the requested information. This additional information is needed for a complete analysis before a recommendation can be developed and a staff report can be prepared. If all the necessary information is provided by the end of business day of August 14, 2000, the City will make every attempt to make the scheduled meeting of August 29, 2000. Even if everything is brought in by Monday that gives the City only three days to analyze the information and prepare an adequate staff report that will "City of Pleasant Living" Joseph G.Goldstein JPI Apartment/Comp Plan Amendment August 12,2000 Page 2 withstand the review and scrutiny of a public hearing. Please understand that City will co- operate any way we can, but August 29 date is starting to look unrealistic. Please call me so we can avoid any delays. Thank you. Sincerely, Sub ata Bai�a�gger,/Al Asst. City lanning Director Cc: Charles D. Scurr, City Manager b -IND. XMT JOURNAL- DATE AUG-12-2000 TIME 16=43 DATEJTIME = AUG-12-2000 16=41 JOURNAL No. = 25 COMM.RESULT = OK PAGE(S) = 002 DURATION = 00.00,58 FILE No. - MODE = TRANSMISSION DESTINATION = 3059615737 RECEIVED ID = t Greenberg - Miami RESOLUTION = FINE -CITY OF SOUTH MIAMI BZCD - FAX-900 V 1.35]* Aug-IS-00 01 : 16P Trar.-lators Team 01 P.01 op 8114/00 5:11 PM 4M9=1,0817. •Composae CI Y OF SIrO AMI ��UgT�H MI NOTICE OF COMPREHENSIVE PLAN AMENDMENT NOTICE OF PUBLIC NWING All interested persons are hereby notified that the City of South Miami Planning Board acting In its capacity as the LO"t Pbnnlng AgOncY(LPA) at a meeting schedules!for Tuesday,August 2S,2000,commencing at 7:30 PM in the CItY Commission Chamber,CIV Haft 8130 Sunset Drive, South Miami, Florida 33143, will conduct a public hearing an the following proposed Comprehend plan Future Land Use amendment application: 8d-CIO I ITEM b JPI Apartment Development,L.P. $Sly Consideration of an application to amend the Future Lend Use Map of the South Miami Comprehensive Plan by arranging the future land use category from the Mixed-Use Commercial Residential (Four-story height) Category to the TODD, Transit Oriented Development District category (Flexible height up to 8 stories) on a 2.68 acre vacant site. said property being legally described as Lots 3 through 25, Block -1S, tARKINS TOWNS(TE SUBDIVISION.The site is generally bounded on the north h1►S.W.68th St.,on the east by S-W.SMh Pl., on the south (�9-t by S.W. 70th St., end on the west by S.W.61st Ave.The purpose of the 2PPli�catwn is to&How for the ftitura Construe- f1uy tion of a six-story student residential apartment building. �-- zoo Q'IVHaH INVIN £0£6TL990$.$ RZ:CT 00/5T/$0 , The purpose of the Punic hearing is to assist the Local Planning Agency in making a recommendation tO the City Commission regalding the application and Its transmittal to the Florida Department Of Commuutity Affairs_ Copies of the application and the amendment Package are avallablo for review prior to the public hearing in the City$ Planning A Zoning Department, which is {orated at City Hall, 6130 Sunset priVe, South Miami, Florida 39143, Second floor. All interested parties may appear and be heard at the hearing. Parties are invited to submit written i*mments and materials in consideration of their views (FS.t(3.3164). You are hereby advised that if any person desires to appeal d any eCision made with respect to any matter considered at this meeting or hearing, such person wiu need to ensure that 8 verbatim record of the proceeding is made, which record includes the tes appeal is tO be based(timony ark evidence upon which the For more irtlormati FS.286.0105}. on regarding this application or any mat_ ter,please calf(3615)g&3.6344, I00 O (IItrHUH INVIN COCVTL92000 LZ:£T 00/ST/90 CITY OF SOUTH MIAMI 6130 SUNSET DRIVE, SOUTH MIAMI,FLORIDA 33143 PLANNING DEPARTMENT FAX COVER SHEET FAX (305) 666-4591 DATE:0a._/t;-0o TO: lez-Za 7vr ` J� RE: p6,eq� Ce Q cwc 49e*) FAX: (305)-671- '1---?0S PHONE: (305) FROM: Sandy Youkilis DEPARTMENT: Planning and Zoning PHONE: (305) 663-6325 ,s-y5 MESSAGE: �i V� i ��V/I W�•J ///^y°w/V F O/ 7X NUMBER OF PAGES, INCLUDING COVER SHEET: F7 ® CITY OF SOUTH MIAMI © Planning and Zoning Department 6130 Sunset Drive, 2°d Floor; South Miami, Florida 33143 Phone: (305) 663-6326 Fax#: (305) 666-4591 PURCHASE ORDER# August 10, 2000 Mr.Nestor Morales c/o The Miami Herald Publishing Company 7300 North Kendall Drive, Suite 660 Miami, Florida 33143 Fax: (305) 671-4303 RE: Public Notice Ad : SPECIAL CONDITIONS REQUIRED Dear Mr. Morales: Please advertise the attached copy in the August 17,2000 edition of the "The Miami Herald" The ad is to be placed in the citywide Metro (local;) section of the daily paper. The ad must be 2 columns wide, and a minimum of 10 inches long. The headline of the ad must be in a type no smaller than 18 point. Please, forward proof of publication to me at the above address. Should you need any further clarification, please contact me at(305) 663-6344 . Thank you. Sincer , Subr u . Assistant City Manager/Planning Director Attachment:(2 pages)Public notice ad with location map inserted cc: Charles D. Scurr, City Manager Earl G. Gallop, City Attorney Ronetta Taylor, City Clerk CITY OF SOUTH MIAMI NOTICE OF COMPREHENSIVE PLAN AMENDMENT NOTICE OF PUBLIC HEARING All interested persons are hereby notified that the City of South Miami Planning Board acting in its capacity as the Local Planning Agency(LPA) at a meeting scheduled for Tuesday,August 29,2000, commencing at 7:30 PM in the City Commission Chamber, City Hall 6130 Sunset Drive, South Miami, Florida 33143, will conduct a public hearing on the following proposed Comprehensive Plan Future Land Use amendment application: ITEM PB-00-015 Ap lip cant : JPI Apartment Development, L. P. Request : Consideration of an application to amend the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use category from the Mixed-Use Commercial Residential (Four-story height) category to the TODD, Transit Oriented Development District category (Flexible height up to 8 stories) on a 2.68 acre vacant site, said property being legally described as Lots 3 through 25, Block 15, LARKINS TOWNSITE SUBDIVISION. The site is generally bounded on the north by S.W. 691h St., on the east by S.W. 591h Pl., on the south by S.W. V' St., and on the west by S.W. 61"Ave. The purpose of the application is to allow for the future construction of a six-story student residential apartment building. -� 7IM11 SW 68TH � I i I ST SUBJECT I �y PROPERTY _ . LIS � NETROML I E OUTHNAM STA71 J o r i� 11�� I I ST� — � -- — man'__ , $ 1 1 -- I I� The purpose of the public hearing is to assist the Local Planning Agency in making a recommendation to the City Commission regarding the application and its transmittal to the Florida Department of Community Affairs. Copies of the application and the amendment package are available, for review prior to the public hearing in the City's Planning & Zoning Department,which is located at City Hall, 6130 Sunset Drive, South Miami, Florida 33143, second floor All interested parties may appear and be heard at the hearing. Parties are invited to submit written comments and materials in consideration of their views (F.S. 163.3184). You are hereby advised that if any person desires to appeal any decision made with respect to any matter considered at this meeting or hearing, such person will need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based(F.S. 286.0105). For more information regarding this application or any matter,please call (305) 663-6344 (2) PUBLIC HEARING PUBLICATION APPROVAL Board: Planning g_oard(LPA) Meeting Date: 8-29-00 Items: PB-00-015 Publication prepared byS.Basu of the Planning and Zoning Department to be published on 8-17-00, in The Miami Herald Daily (courtesy ad)to be published on 8-20-00 in the Miami Herald Neighbors. Approved by Director Planning & Zoning Date 0 Approved by City Manager Date Approved by City Clerk Date Approved by Finance Dept. Date P.O. # Req. # J.W. Harris & Company ••�• • •�••� �•• 0ee, 0000 ... . . . . . . . . 2665 South Bayshore Drive • Suite 702 • Coconut Grove,FL 33133 •• • • Licensed Real 9 Estate Broker• Telephone:305.859.8420 • Facsimile:305.859.8410 Licensed Mortgage Broker 000 000 Soo 000 000 000 0 . . 9 0 . . 9 . Soo 000 9000 0900. 909 0000 090. 0 9 . • 0000 00000 . ... 0000 August 1, 2000 Mr. Subrata Basu, AIA, AICP Assistant City Manager, Planning Director City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: Demand for Rental Apartments Miami-Dade County, Florida Dear Mr. Basu: Your July 18th Letter to Joe Goldstein regarding JPI's Application for a Comprehensive Plan Amendment raises the question of demand for market-rate rental apartments units. In light of our over 20 years experience of putting together multifamily developments, Joe asked me if I had any information which might help alleviate your concerns. To this end, I have attached an article from Miami Today's June 8th issue for your review. The Meyers Group, a well known and respected market research firm, is quoted as reporting that Miami-Dade's rental market is currently 97.3% occupied. Market experts generally believe that this level of occupancy (as opposed to percentage leased) means a project is effectively 100% leased. It is normal for any project to have approximately 4% of the apartment units vacant due to move-ins and :rove-out,. Another well-known national company, Marcus & Millichap, reported that demand will remain strong, rising interest rates will discourage new construction and land for new construction is scarce. CB Richard Ellis sums-up their Florida Multi-Housing News letter by saying that Miami- Dade is fast approaching full development capacity. The Meyers Group lists only seven projects on the drawing board in the entire County. These projects will add 1,400 multifamily units to the County's inventory of units, but of these seven, five of the projects will be income-restricted for qualified persons needing affordable housing. Even though students may have no income, they do not qualify as tenants for affordable housing. Federal statutes specifically prohibit students from occupying these projects as the primary tenant. 000 90000 • 0 •• 9999 9999• • • • • • • • 0 • *909 • • • 000 •0• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 9.0 9 0 0 9999 900 •0909 090• • • • • 0•••• • • • 0000 : • ••9• • ••• • 999 • • 9 .... . .. . . ..... ... • • • • • • ••••• Mr. Subrata Basu J. W. Harris & Company August 1, 2000 .'. .'. .' ••• ••• Page - 2 - ••. • .... • Of the two new projects listed by Meyers that are not incoAf(!Tesfricfed,only one is Tikely to break ground in the foreseeable future, the 180 unit Renzi Development in Miami. Trion Group is still actively searching for a joint venture development partner. The strong demand for rental housing in Miami-Dade County is projected to continue for the foreseeable future. The combination of JPI's rental units geared toward students, teaching assistants, and professors with South Miami's new restaurants,retail and commercial space should create an exciting synergy and help insure that JPI's project remains fully leased. Very truly yours, I . Ha ri o paan-y— J es W. Harris icensed Real Estate Broker • • • • • • • • ••• • • • •••• • • • 04 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •••• ••• 9 4 990 6 •9 i- • • • • 9 • • •••• • 9999 • ••• • ••••• • •••• v n A 9- 9 •••• • • • i i i•••i < 09 O lA N A O son •.! .,. � • • +• • > 61. Q •'� pO A y1A�At A,° 4•' (�4�}.� v�i •�,� • •C • •• • t° 'O . obi 0' Oq < as '+ '� •O .y. ~ 7i y �t =j VJ �r.� p.Q y C ",:�'i O.7" G Af9 '"" gyp �TCA C3. �'i .•r • • •2.A C G`< vAi O a'e9 A y 03 O, y ~ q `tO• tai y 3 • �• • •• i i • c9 Ai rn O .� VJ A O C '�' X O w y w h • •• • CA 0 O A O • •9 a •.O o. g • • Im F y y � 07 1 ^� r1w ~• ^� w a W N .Za,. Q1 •ti7 C A N y n. + 4i ,� W N .,• N '� ro o 00 to f 0 �< W ^� CL i �. � � •+. r .. j •� ON 4 CA o. z o Q o. N ii3 y c cam• I °CD fyp a �.$ N G �O y � `� � � W � ♦ V A r ..� � 1I.� 3 a. a • �. O. O Q W m� �� 0 � N 00 1 f I a � a xv M y . nc e•'p R ° A �' a' Q ^4N a ;3 moo , : o'� O w CD .� O D Tl A A ♦-Ji AI M < W y o * ^� O P !��•y Q fp ew d,^ R• . �! f<9 .� ` C a yCq 7r •O+ cp�af A' M p p (•CL/ ` OA. n �v 5• as �ao y A a n Q, � a.3 �, � ro S C6 o. O 8 y a 00 O :: 0 a I pf a O f3. C G ' ,0., �/� • 'o pyy p� A �D ,.7M p� .3 It a'- R1 W. '►`J fG.O 7c ^�' "•� D O �p rr 7 CD go -C� O n """' 'aCca9 v ° act a �O �a �' '°gee n a, cm co a ML IT4 S. CL CD Sent by: GREENBERG TRAURIG 305 579 0717; 07/27100 10:03; ,JetFdX #669;Page 1 GREENBERG TRAURIG 1221 BricKell Avenue,Miami,Florida 33131 Phone: (305)579-0500 Facsimile: (305)579-0717 Please Notify us immediately if not received properly at 305-579-0715 or 305-579-0716 Transmittal Cover Sheet TO SABRATA'BASU Company CITY OF SOUTH MIAMI Fax Number 305-6664591 Phone Number 305-663-6326 FROM JOSEPH G. GOLDSTEIN, ESQ. File Number 15897.010200 Comments Date July 27, 2000 Time 9:15 AM No. Pages (Including this cover sheet) 17 ORIGINAL ❑ Will follow via ❑ Will =follow. The information contained in this transmission is attorney privileged and confidential. it is intended only for the use of the individual or entity narned above. If the reader of this message is not the intended recipient,you are hereby nomed that any dissemination,'disVibution or OOpy Of this communication is strictly prohibited. 11 you have reoeived this oommunication in error,please notify us immediately by telephone 001190 and return the original message to us at ohe address below via the U.S.Posol Service. We will reimburse you for your postage. Thank you. Sent by: GREENBERG TRAURZG 305 579 0717; 07/27/00 10:04; ,ef>lx #669;Page 4/17 A T T 0 R n 1 Y 9 A T L A V I ��11f� 1G Joseph G.Goldstein (305)579.0609 Dited Fax: (305)961-5609 E-Mail: goldsteinj@;gtlaw.coni July 27,2000 Via Hand Delivery Ms. Sally Osborne, Supervisor Department of Development and Governmental Affairs Miami-Dade County Public Schools 1450 N.E. Second Avenue Miami,Florida 33142 Re: Pending South Miami Comprehensive Plan Amendment / Transit Oriented Development District("TODD") Dear Sally: Our client, JPI Apartment Development, L.P. ("JPI") is the contract purchaser of a 2.68± acre vacant parcel located at the northwest corner of S.W. 59th Place and S.W. 70th Street in the City of South Miami, Florida (legally described as Lots 3-15, Block 15, Larkins Townsite Subdivision, P.B. 7, Page 105 of the Public Records of Miami-Dade County, Florida; the "Property'). The Property is located across from the South Miami MetroRail station (southeast), a 117 unit hotel on the south, Larkin Hospital on the west, a residential condominium on the north and a post office on the east. JPI has filed an application seeking a change to the South Miami Comprehensive Plan Future Land Use Map from Mixed-Use Commercial Residential (Four story height limit) to Transit Oriented Development District (up to 8 stories). Both districts would allow a mix of commercial and residential uses. However, the TODD district would generally permit greater residential densities. The purpose of this request is to permit the construction of a 300t unit six or seven story luxury apartment building that is intended to operate as a student housing facility aimed at serving the nearby University of Miami Student body. Site planning of the facility is underway,but by no means complete. The pending application is currently scheduled to be considered by the City's Local Planning Agency on August 22, 2000. As you are aware, the coordination with all appropriate governmental agencies during the consideration of comprehensive plan amendments is an overriding goal of the State Comprehensive Plan and the regional plan. In anticipation of the pending transmittal hearings, we would greatly appreciate the input from the School Board staff concerning the proposed projects impacts upon public schools. In addition, we have had discussions with the City of South Miami concerning the possibility of requesting a waiver of the Department of Community Affairs' ORC report for this application. Therefore,we are providing GwmruERG TRAaRIG.P.A. 13$1 BRICCUL AvExur MIAMI,FLORIDA 33131 303-599-0500 FAx 505-579-0717 www.gtiay.com MIAMI NEW YORK WASHINGTON,D.C. ATLAwnt PnmavzLram McLEAN CIIICAGo Bosron PHOENIX WILMINGTON SAO PaIILO FOAT LAu1ER0,►LF. VOCA Raroa WILST PALM BEACH ORLANDO TALLAHAbS%K Sent by: GREENBERG TRAURIG 305 579 0717; 07/27/00 10:04; Jetrax #669;Page 5/17 Ms.Sally Osborne July 27,2000 Page 2 you with documentation and background concerning this project well prior to transmittal in order to give you some time to review our proposal. In order to assist in your review,the following documents are enclosed: 1. Copy of the application; 2. Site location map; 3. Public Facilities Impact Report, prepared by The Curtis and Kimball Company; and 4. South Miami Future Land Use Map showing site;and 5. South Miami Future Land Use category description(p.23). We hope that this information is sufficient for you to commence your review of this matter. As always, we stand ready to provide you with additional information. If you have any questions,please do not hesitate to call. Sincerely o eP G. Goldstein cc: Mr. Subrata Basu f Mr. Rob Curtis Mr. John Cutrer Mr.Jim Harris Mr. Tony White GaL N sEac TRAURIG Sent by: GREENBERG TRAURIG 305 579 0717; 07127/00 10:03; ,fix #669;Page 2 G�� � N8 � fl6 A T T O 2 n C Y S A z L n W 1fl� flfl ( G Joseph 0.Goldstein (305)579-0609 Direct Fax: (305)961.5609 E•Mail: goldminj@agdaw.com July 27,2000 Via Hand Delivery Mr.Phil Steinmiiler Division of Planning Florida Department of Transportation 602 S.Miami Avenue Miami,Florida 33130 Re: Pending South Miami Comprehensive Plan Amendment / Transit Oriented Development District("TODD") Dear Phil: Our client, JPI Apartment Development, L.P. ("JPI") is the contract purchaser of a 2.68± acre vacant parcel located at the northwest corner of S.W. 59th Place and S.W. 70th Street in the City of South Miami, Florida (legally described as Lots 3-15, Block 15, Larkins Townsite Subdivision, P.B. 7, Page 105 of the Public Records of Miami-Dade County, Florida; the "Property"). The Property-is located across from the South Miami MetroRail station(southeast), a 117 unit hotel on the south, Larkin Hospital on the west, a residential condominium on the north and a post office on the east. JPI has filed an application seeking a change to the South Miami Comprehensive Plan Future Land Use Map from Mixed-Use Commercial Residential (Four story height limit) to Transit Oriented Development District (up to 8 stories). Both districts would allow a mix of commercial and residential uses. However, the TODD district would generally permit greater residential densities. The purpose of this request is to permit the construction of a 300± unit six or seven story luxury apartment building that is intended to operate as a student housing facility aimed at serving the nearby University of Miami student body. Site planning of the facility is underway,but by no means complete. The pending application is currently scheduled to be considered by the City's Local Planning Agency on August 22, 2000. As you are aware, the coordination with all appropriate governmental agencies during the consideration of comprehensive plan amendments is an overriding goal of the State Comprehensive plan and the regional plan. In anticipation of the pending transmittal hearings, we would greatly appreciate the input from you and the Department of Transportation concerning the proposed project's impacts. While we realize that you would normally receive a copy of the application after it is transmitted, we have had discussions with the City of South Miami and the Department of Community Affairs concerning the possibility of GassmRRko TRAOa1c,P.A. 1221 BRICKTLL Ut:NUY MIAMI,FLOItInA 33131 305-579-OSOO FAX 305.579.0717 www.gtlaw.eam 141ANI NEW YORK WA?NINGTUN,D.C. ATLANTA PNILAI►EI.PttIA McLIZAN CHICAGO BOSTON PHOENIX WILMINCTON SAO PAULU FORT LAUDERDALE BOCA RATON WENT PALM BEACH ORLANDO TALLAHASSEE Sent by: GREENBERG TRAURIG 305 579 0717; 07/27/00 10:04; Jetlaxx ##669;Page 3/17 Mr. Phil Steinmiller July 27,2000 Page 2 requesting a waiver of the Department of Community Affairs' ORC report for this application. Therefore, we are providing you with documentation and background concerning this project well prior to transmittal in order to give you some time to review our proposal. In order to assist in your review,the following documents are enclosed: I. Copy of the application; 2. Site location map; 3. Public Facilities Impact Report, prepared by The Curtis and Kimball Company; and 4. South Miami Future Land Use Map showing site;and 5. South Miami Future Land Use category description(p.23). We hope that this information is sufficient for you to commence your review of this matter. As always, we stand ready to provide you with additional information. If you have any questions,please do not hesitate to call. Sincerely, oseG. Goldstein cc: Mr. Subrata Basu Mr. Rob Curtis Mr. John Cutrer Mr.Jim Harris Mr. Tony White GREENSgim TRAURIG Sent by: GREENBERG TRAURIG 305 579 0717; 07/27/00 10:05; ,JetraX #669;Page 6117 ,rte City of South Miami Planning &Zoning Deyartntent: City Hail,6130 Sunset Dnvc,South Iutia:�Florida Telephonc.(305)663.6327; Fax;(305)666.4591 Application For Public gearing Before Planning Boitd& City Cornml5sioh Address of Subject Property: SEA• 59 Place at 70 Streetl0(3)3-25 Block - ._.Subdivisian L3rkirs >tt PB �.1G5 Townsite Meets&Bounds: Applicant: . Phone: 0 (972)556-3782 Representative: Joseph G. Goldstein, Esq. Organi2atian: Greenberg Traurig, P,A. Address: 1221 lirickell Avenue, Phone: (305)579-0609 Property Owner Various Signature: See at-ached Nhibit "A" Mailing Address: Contracts to Purchase Phone: Architect/Engireer. Phone: EDI Architecture Inc. B00 9- AS THE APP!_tCANT,PLEASE INDICATE*600Z RELATIONSHIP TO TV PROJECT: owner Owner's Representative x_ Contract to purchase _Option to purchase Tenant/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING; SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHECK AU THAT 9,PPLY. Text Amendment to LOC _Valiance X,Letter of intent 2L Comprehensive Plan —Special Use _PUO Approval _Ramnin 9 X..Jusdllratlons for Change (Statement of hardship —PUa Major Change _Special Exception /AProof of ownership or letter from owner Qthec /,Power of aitomsy Briefly explain application and cite specfc Code se0ons: X_Contract to purchase &Current survey(1 original sealed and Amendment to Comprehensive Plan Map to include signed/1 reduced copy 4,11"z 171 X 7 Copies of Site Plan and.-Floor Plans Subject Property in TMD (4t4) Land Use District �t reduced copy C tt•x 170 X_2d•J•Properly owner algnatures SeCllofs'Via Subsection Page#i: Amended oats: a_Mailing labels(3 seta)an i map X Required Fee(s) The uudesigxed Bas read this campfeted s licatioa and repress= that tlu infotmanon and all svbaritted=tens:4 are tMe and Corr tn�tl e b of ttx a Gcaac'a t�ow1c g and belief. 3 1 �� t ve.t��(4 pne�* L? - "t S A lac r e an title vQ, ,}. D Upoa teccip16 z cations and all submitted matmtials will be reviewed for cotapliance Tntb the Land Developtosnt Code add ouhar applicable tegu lions. Appacatiotu fouad not is compliance wilt be mjected and returned to the Vplicaut. OFFICE USE ONLY: Data Filed— Data of Pla Hearin[ pate of COMMISAtion petitlan t2Aquired_—_ Pat+tien Acaoptee - -- Method of Payment JUL 05 '00 15 32 3G5 S74 9171� Sent by: GREENBERG TRAURIG 305 579 0717; 07127/00 10:06; JetraX #669;Page 9/17 la li .T V PL 5 SW 62ND AV _ Sent by: GREENBERG TRAURIG 305 579 0717; 07/27/00 10:05; JetfdX #669;Page 7/17 A T T 0 >e N E Y S A T L e d • . • • • . . .. . . . . . . . : . . . . . . . . . : Joseph G.Goldstein ' (305)579.0609 www.goldsceinjugtluw.com July 6, 2000 VIA HAND DELIVERY Subrata Basu,AIA, AICP Planning Director City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: JP1 Apartment Development, L.P. / Application for a Comprehensive Plan Amendment/Letter of Intent Dear Mr. Basu: This constitutes the letter of intent for JPI Apartment Development, L.P. ("JPI") in connection with their request for an amendment of the City of South Miami Comprehensive Plan. JPI has entered into contracts to purchase approximately 2.68 acres of vacant and unimproved property located at S.W. 591h Place and S.W. 70`l' Street, in the City of South Miami (the "City"), Florida, which is more particularly described in the attached Exhibit "A" (the "Property"). The Property is currently zoned as a Medium-Intensity Office District(MO) in the City's Official Zoning Map and is designated as a Mixed Use Commercial Residential (Four Story)district in the Comprehensive Plan/Future Land Use Map. It is JPI's intent to amend the Comprehensive Plan/Future Land Use Map to include the Property within the boundaries of the Transit Oriented Development District. The Property is situated directly across the street from the South Miami MetroRail facility and parking garage, and is surrounded by: a United States Post Office and the MetroRail facility to the east and southeast, respectively; Larkin General Hospital and a parking lot to the west; a condominium development to the north; and the four-story, 117 room Hotel Vila to the south. The Property is also located within a few short blocks of the University of Miami. JPI believes that that this location is perfectly situated for a student residential facility, and is proposing the construction of a six-story rental apartment building to be designed and marketed primarily to meet the off-campus housing,needs of University of Miami students. CRE$NBERC TRAURIG,P.A. 1221 BRtcKTit t.4Yti15uE MIAMI,FLORIDA 33131 305-579-0540 FA%305-ST9-0717 www.gtlaw.com AMI New YORK WASNINOTON,D.C, ATLANTA PHILADELPHIA TYsoNS Col(AER CHICAGO Bom)m POOtNIN .•ILNtINCTON Los ANCEL9$ DI:IIYER SAO PAt1.0 FORT LACDEROALE 130CA RATON WEST PALM BSAC;t ORLANDO TALI.AIIASSF.E Sent by: GREENBERG TRAURIG 305 579 0717; 07127/00 10:06; ,Jetrox #669;Page 8/17 Subrata Basu JPI Apartment Development,LP July 6, 2000 Page 2 The local geography uniquely qualifies the Property for inclusion in the City's Transit Oriented Development District(TODD). The purpose of the TODD is to maximize the presence of the rapid transit center within walking distance of the district boundaries. As mentioned, the Property is directly across the street from the MetroRail facility. Parcels east of, and one block south of the Property that abut the MetroRail facility are designated as TODD's on the City's Future Land Use Map. The TODD was created by the City Commission to surround the mass transit facility and to encourage high density uses which will promote the efficiency of the land use. It is no surprise that JPI's preliminary conversations with City staff revealed that the TODD designation was considered for the Property in early transit committee meetings. In addition, the student housing facility proposed for the Property is consistent with the type of development intended for this land use designation. The maximum utilization of the TODD encourages high density residential uses in multi-story projects that are characteristic of transit-oriented developments. Students leasing these apartment units are expected to be temporary residents who will likely terminate leases upon graduation rather than remain as long- term commuters. These residents will also more regularly utilize the rapid transit system for attending classes and extracurricular activities. and will be more likely to walk and ride bicycles rather than consistently using vehicular transportation. Furthermore, redevelopment with high density uses is actually encouraged in the TODD through flexible zoning regulations. Bonus allocations are provided in the City's zoning code which are intended to accomplish the aforementioned goals of high density residential development which reduces vehicular traffic, while at the same time, encouraging a high quality pedestrian environment. in short,the proposed apartment building is precisely the type of transit- oriented development contemplated by the TODD. To that end and based on the foregoing, JPI respectfully requests your favorable recommendation of this request for an amendment to the City's Comprehensive Plan / Future Land Use Map to include the subject Property in the Transit-Oriented elopment District. Sincerely. G e' attachments f ' cc: Mr. John Cutrer Mr, J.W. Harris Mr.Tony White Stephen M. James, F."sq_ MIA MAMES5l1us 16�-ep.011nocrn07roo GREENBERG TRAURIG Sent by: GREENBERG TRAURIG 305 579 0717; 07/27/00 10:06; J #669;Page 10/17 . � �! JPI - Student Housing TODD Comprehensive Plan Amendment Public Facilities Impact Report and Analysis of Comparable Projects City of South Miami Sent by: GREENBERG TRAURIG 305 579 0717; 07127/00 10:06; Jetfa-X #669;Page 11/17 Public Facilities Impact Report Introduction The purpose of this section of the application is to provide information and analysis supporting the proposed comprehensive plan amendment designation from"Mixed-Use Commercial Residential"to"TODD (4+4) Story"for the 2.68 acre parcel(the"Parcel")generally bounded by SW 69l"Street on the north; SW 70"Street on the south;61'Avenue on the west; and, 5e Avenue. Included in this section is a comparative analysis of the potential impacts the approved versus proposed designation might have on public facilities and services. This section also presents examples of comparable projects in South Florida. Also included is a discussion indicating how the proposed designation is consistent with policies in the City of South Miami Comprehensive Plan (March 7, 2000). The Parcel is currently vacant and surrounded by existing multi-family residential use to the north; public and institutional use to the east(post office)and west(hospital); and, commercial uses to the south (see Figure 1). The Parcel is located in the City's Community Redevelopment Area and is also adjacent on the east and south to the City's Redevelopment and lnfill District. Finally,the bikeway path along SW 70th Street is immediately south of the Parcel. The Comprehensive Plan, New Future land Use Map designates that the Parcel will be bounded by Multi-Family Residential to the north Transportation Oriented Development District (TODD)to the east; Commercial Retail and Commercial Office to the south; and, Mixed-Use Commercial Residential to the west(see Figure 2). Public Facilities Impact Assessment When compared to the designated use,this amendment will not create additional impacts to level-of-service measured facilities in the City of South Miami. Table 1 provides a summary comparison of transportation, solid waste, potable water, wastewater and park level-of-service standards for the approved designation and the proposed designation. As Table 1 demonstrates, P.M. peak hour vehicular trips will be significantly reduced--from 289 trips to 131 trips--through the proposed amendment. Further, water, wastewater, and solid waste impacts will also be reduced from the approved designation if the proposed amendment is approved. Tables 2 and 3 separate the approved and proposed designation and show the generation/demand rates for each of the public facilities. The City of South Miami Comprehensive Plan LOS standards are based on number of persons. Therefore, the approved and proposed designations were converted into number of persons based on industry standard conversion rates as follows: • Office- 1 person per 260 square feet • Retail- 1 person per 500 square feet • Residential - 1 person per bedroom For purposes of analysis the approved use and square footage is based on the zoning for the site, which is MO(see Figure 3). CiN of South Miami July 2000 Sent by: GREENBERG TRAURIG 305 579 0717; 07/27100 10:07; Jet& #669;Page 12/17 TABLE 1 SUMMARY--APPROVED VERSUS PROPOSED DESIGNATION IMPACTS USE INTENSITY SOLID WASTE WASTEWATER WATER TRAFFIC {SF/APT (POUNDS) (GALLONS1DAY) (GALLONSIDAY) (PM/PEAK HOUR) Approved Proposed Approved Proposed Approved Pro Posed Approved Proposed Approved Pro sea Office 186 786 sf na 5.655 74.400 111.600 289 Residential na 322 unils 5,320 70,000 105.000 110 Retail no 3,MO of 46 600 900 1 21 Total no as 5,655 5,366 1 74,400 70,600 111,800 105,900 289 131 The City of South Miami has excess park and recreation facility capacity to serve the proposed project. Currently, the City of South Miami has 57.6 acres of park and recreation facilities. The comprehensive plan LOS for park and recreation facilities is 4 acres/1,000 population, The city currently has a permanent population of 10,467 residents and a seasonal population of 2,577 people for a total population of 13,044 residents_ Based on the adopted LOS this population requires 52.2 acres of park and recreation facilities. Therefore, the city has 5.5 acres of excess park capacity. If the proposed designation attracts additional population into the city, up to 2.8 acres of park will be needed to serve the residents of the proposed project. Subtracting the 2.8 acres from the 5.5 acres of excess capacity leaves 2.7 acres of excess park and recreation facility capacity. Drainage impacts from both the approved and proposed designation must meet the level-of- service standards for both flood protection and water quality. Therefore, there is no difference i in impact between the two developments on flood protection and water quality issues. I CRY of south Miami July 2000 Page 5 Application for Comprehensive Plan Amendment Sent : G EENBERG pA RIO 305 579 0717; 07/27/00 10:07; jWft ;Page 13/17 | | - k ® ft C @ | fy Co- x � ° - - e82§2 %k� �5»�m ��_� � _- ■ ® ; ' » \ Fk § �� @ . �m � I I� � ;z C3 LL < ' _ / L? t '\2ft c 2 w 2 W6 @ $ _��m @ � �'n < 7i;V- 22 f a ■ �2 2 / J « ! g 77 2 a ex _. < o j » ! § k z 0 $ § C,Q�� uj J� f 'k § w« . _jz §S a -jk �$ $2 «� 2� K/ 2 2 2§ §§ § cl 70 u 0 �� C o ■ « IL K � � 45 UJ }9 � � � � $ p 0 r- / & �G uE f4 §wA (n ^ 0 m ~lr.;� $ �z q 0 @ § S ■ ■ § a _? > > $ > � �k\ ■ x $ 22 ■ © ° e ■ k � § _ $ f @ CL \ F a § F & 3 - s - 3 \ k \ § LL § � .m = Go kka o � � § \ � IE ¥ ƒ & GQG � � � . Sent by: GREENBERG TRAURIG 305 579 0717; 07127/00 10:08; JJeffix #669;Page 14117 Comparable Projects Four projects currently being developed by JPI Developers in South Florida may be compared to the proposed development in South Miami. All are located in central urban environments within Community Redevelopment Areas, and all have densities comparable to the proposed South Miami project.They are: • Fort Lauderdale -NE 6th Street(Sistrunk Boulevard)between NE 2nd and 3rd Avenues. 2.27 acres; 226 units; 100 unitslacre; 8 stories. (See Exhibit 1.) • Jefferson at Young Circle, Hollywood-Van Buren Street between 19th and 20th Avenues, two blocks south of Hollywood Boulevard, one block south of Harrison. 1.76 acres (does not include 6-story parking garage to be owned and operated by the city); 232 units; 132 units/acre; range of building heights(3-8 stories). (See Exhibit 2.) • Jefferson on Camino Real, Boca Raton-Camino Real and US-1 (northwest corner).2 acres; 235 units; 117.5 units/acre; 9 stories. (See Exhibit 3.) • Jefferson at Douglas Entrance, Coral Gables-Douglas Road (37th Avenue) and Calabria Street(northwest corner). 1.6 acres; 224 units; 140 units/acre; 16 stories. (See Exhibit 4.) Comprehensive plans for the Cities of Coral Gables and Sunny Isles Beach and the City of Miami's Zoning Code show examples of land use that would accommodate development similar to that proposed in South Miami. • City of Sunny Isles Beach.The city`s comprehensive plan includes a "Mixed Use-- Resort/High Density"land use category to encourage development and redevelopment east of Collins Avenue, specifically resort-style developments catering to tourists and seasonal residents and high quality residential condominiums.This category allows a density of 125 hotel-condominium units per acre and a floor area ratio (F.A.R.) intensity of 2.5. Additional residential density and F.A.R. intensity may be permitted for developments that comply with bonus program requirements. This land use designation requires that residential densities with bonuses may not exceed 80 units per acre for condominiums and apartments. (See Exhibit 5.) The project proposed in South Miami is intended and designed as housing for students. This type of facility compares more closely to hotel-condominium use than to high quality residential condominiums, because student housing is usually short term and is not typically a primary homestead. • City of Miami. Miami's"R-4 Multifamily High-Density Residential"zoning designation allows multifamily structures up to and including high-rise apartment structures with a maximum density of 150 units per net acre. (See Exhibit 6.) • City of Coral Gables. "Mixed-use District"regulations in Coral Gables are intended to promote efficiency of land use, provide convenience, decrease vehicular traffic and encourage greater housing options. There are two Mixed-use Districts, one to encourage the mix of residential development into commercial areas and the second to promote limited commercial uses into residential development. They are both located in the northeast section of the city along the Ponce de Leon corridor_ The regulations require a ratio of 25 City of South Mlami July 2000 Pace 7 Acclication for CamorehenSIYe Pian Amendment Sent by: GREENBERG TRAURIG 305 579 0717; 07/27/00 10:08; ,JpjffiX #669;Page 15117 percent commercial to 75 percent residential uses. The development now under construction at the Douglas Road Entrance is an example of this land use. in a theoretical model, one acre of development would include 114,345 square feet of residential use, which translates to approximately 120 units of efficiency apartments (900 square feet).With bonuses, density can reach a F_A.R. of 3.5, or 127 unitstacre. (See Exhibit 7.) Consistency with Comprehensive Plan The proposed designation is consistent and supportive of TODD concepts and city comprehensive plan policies. Approval of the proposed designation is consistent with the vision of a TODD. Peter Caithorpe, . in his book The Next American Metropolis:Ecology, Community, and the American Dream, defines a TODD as a center with a mix of high-density residential, retail, office,public, and open space uses. Retail shops and services are in a commercial core within an easy walk of homes (1,900 feet, or about ten minutes). A transit station is at the center of the core_ Uses in the core are"vertically integrated"---apartments and offices rise above ground-floor stores.The proposed designation provides the necessary residential density to activate the TODD. The proposed designation is also consistent with and supportive of City of South Miami Comprehensive Plan goals and policies as follows: Goal 1 To assure the availability of sound and affordable housing for all current and future residents of the City of South Miami with special focus on infill and redevelopment and to include housing units in the Hometown District. (97-1 ER) Policy 1.3.6 The City-and-the County will *ointl.Y*intl. supi2ort development in the Rapid Transit Zone in order to encourage mixed-use/residential multi-family projects containing affordable housing units. Policy 2.1.4 Discourage urban commercial scrawl by promoting growth in the core area surrounding the Metrorail transit station b y eatin a district for the new arowth which is contained and transit-oriented thereby relieving the pressure for commercial rezonings outside of this core area (96-1ER) Goat To achieve a tax base adequate to support a high level of municipal services via increased mixed-use and flexible building heights in coniunction with a Transit-Oriented Development District(TODD1 (95- 1 ER) icity of South Miami July 2000 Sent by: GREENBERG TRAURIG 305 579 0717; 07/27/00 10:09; ,jetraX #669;Page 16/17 Commercial Retail and Office(Two-Story) The commercial retail and office land use category is intended to provide for retail and retail services, office use and office services that are characteristic of commercial development Adopted zoning ' regulations shall reinforce the "no widenines" policy as set forth in the Traffic Circulation Element by encouraging the containment of development along existing State and County high-design roadway facilities. (97-1 ER) —� Mixed-Use Commercial/Residential(Four-Storv) The mixed-use commercial/residential land use cateeory is intended to provide for different levels of retail uses. office uses. retail and office services, and residential dwelling units with an emphasis on mixed-use development that is characteristic of traditional downtowns. Permitted heights and intensities shall be set forth in the Land Develppment Code. Regulations regarding the permitted height, density and intensity in zoning districts for areas designated as mixed-use commercial/residential shall provide incentives for transit-oriented development and mixed-use development. Zonin& regulations shall reinforce "no widenines" policy set forth in the Traffic Circulation Element by encouraging use of Metrorail system. (97-t ER) Pursuant to the recommendation by the Department of Community Affairs to include Floor Area Ratio (F.A.R.)in the Comprehensive Plan (as opposed to the provisions in the Land Development Code). the City adopts a F.A.R. of 1.6 for this land use cateeory which is the existing F.A.R. in the Land Development Code for the corresponding zonine district. In addition. the City adopts a maximum residential density of 24 units per acre. In order to ensure a mix of uses.the Citv requires that a minimum of two of the above uses must be developed within this category . For residential nroiects, at a minimum- at least one floor must allow retail. For retail proiects. at a mimimum . at least one floor must contain residential or office. For office projects, at a minimum.at least one floor must contain residential or retail.(98- JLR) , Transit-Oriented Development District[TODD] (Flexible Height rip to 8 stories) The Transit-Oriented Development District is intended to provide for the development of office uses, office services, office-related retail, retail. retail services. and residential uses in multi-story and mixed- use projects that are characteristic of transit-oriented developments. Permitted heights and intensities shall be set forth in the Land Development Code. including design standards. Zoning regulations shall encourage development within the TODD in coniunction with limiting new develoRmenrt within the Special flood Hazard Area. The Qy shall pursue an incentives program for redevelopment including _flexible building heights and design standards to insure that responsible. effective and aesthetically- pleasing projects result. (96-I FR) Public - Institutional Uses (Four-Story) The public and sefni publis institutional land use category is intended to provide for p.uLblic schools, municipal facilities, utilities, afA churches, temples. synagogues and similar uses. Areas designated public and semi-phis institutional should not be used for other purposes without an amendment to this plan. Zoning regulations could permit public and institutional sew,4t4k- uses on sites not so designated by this plan. eriseed the x Mitted iR thil SUFFeURdifie Weflifl,-,di%Fiets, (97-1£R) Educational Uses(as a sub-category of the public institutional uses land use designation) The "educational uses" land use sub-category is intended to provide for public schools uses. Areas dORianated ns eduent.Onnl ehould tint 1�e used fnr At1.er Uumnstan w' hn.t an amendment to tktg, AAn or ing regulations could permit public educational uses on sites not so designated by this plan public schools are hereby defined as public institutions of general education offering kindergarten through, 12'" grade education or some substantial portion thereof and are owned and operated by the Dade County ._ .... . ..._. .,� Element 1 t • t t tt t t .. yF-: ii Fil 11]Gi, �°6R ytI :C �cltllh' � �re�tl { Eaio.vJ- ci lee � ;:n�ti, , • • All �L�a l'AIM - _ 9CCi6 71'�gg,r ClFiiEi)Pi13j�bllsl, S�vc—r roY • a����ip 1 p ./ ����.���G[I�W •fi�b rp�:�G`�•n�±. too Ufa 1 ltlenFlns! �" aIF e�9a ' C;,=C'�uu���j f't� poF:ar,S mcn�+ onneSeao a aY — •' , a f��'�' a' Ianon "OP.1 LF1MjO�fJ 11 a tl�I0.1 ®IILiJIIn^ 'rliGoYY� JCipp _��' ';:..i:kj��':9 iok .11YY • { I- � ruy ye Fp �( {.IhI IS1�, FIND, dd �,yygq�it�, yl�P�zz,, E� g° II �E Iy1�q It. �� •1 ''�~ pL�Wie IYI [7 ,�!C74J�.�j- ��iil taj�y�lh'2' h�. / :1- F71- RR Q�d'hG9Q'� pn JaJ��..IC`i � d�:zia'$". T.�—.{ / �� • • •• el, ❑;�°a Yi��P�� I.. •l �jl'F� 'rreeaa IuiS"'G�ajDae S;1BF9 i11 �?;o-� {�l� , iE�t1�e � RSV® 1 �iI'n��. i�b:F .I 'F.,J.:ji~qq pp`n•a�F'o y�°•d L-41 a_a�CNFB IH� isI �F�c l.�,n dR�gi3l�T3 m+ 1�� � i • ram u `.' atlii r lliL7" I 00*0 see • % .. . . . . . . . ..... *see •.. • . . •..• . . . Building Quolity for Our Customers • 00: • • • • • • • • • • • • • • • • • • • • ••• • • • • • • •.. • • • July 20, 2000 • .... . ..... . ... . .... . Mr. Subrata Basu Planning Director City of South Miami 6130 Sunset Drive South Miami, FL 33143 RE: JPI South Miami development Dear Mr. Basu: Your letter of July 18th references, among other issues, the perceived deficiencies in our market research for our proposed development in South Miami. Let me assure you that our research to date has been as thorough as possible given that it is summer and many of the students have gone home. Please understand that all results of our market research are proprietary and will not be disseminated in a manner that might make them available to our competitors. That said, there are a number of third party research reports available which indicate the occupancy in this submarket is 97%-98% and that the rents for new developments are in line with what we propose. In addition to the researched described to you by Justin Helms in his July 10th letter, we plan on conducting additional market research including two focus groups and a University-wide survey. The first focus group will be conducted this week. The survey will be sent out shortly after the fall semester commences and, after the results are received and tabulated, the second focus group will be held. The total development budget is estimated to be in excess of$34,000,000 and I assure you that JPI will not make that kind of investment without being completely convinced that there is a market for our apartments. JPI spends over$5 million a year on market research and maintains a large staff dedicated to ensuring that our market research is the latest and most accurate available. I understand your concerns regarding the development of an apartment complex for which there is no market; rest assured those concerns lie more heavily with JPI. 600 East Las Colinas Blvd.•Suite 1800•Irving,TX 75039•(972)556-1700•Fax(972)556-3784•www.jpi.com .... ... . • .•••. ..• • • • • • • 0000• ••• ••• • • • 0000 • • • Please feel free to call me at 972.556.3782 if you have arVquMions 6s cbmmenfs. •'{ • • • • • • • • • • • • Sincerely, "' ' JPI APARTMENT DEVELOPMENT,L.P. 0 0 0• ••0 0• 00000 •0•• •409 • • • • • • • 0 • • • • 0••• • 0000 0 0000. 0 000 John B. Cutrer Development Associate cc: Joe Goldstein Jim Harris Rob Curtis Dusty Melton City of South Miami 6130 Sunset Drive, South Miami, Florida 33143 July 18, 2000 Joseph G. Goldstein, Esq. Greenberg Traurig, P.A. 1221 Brickell Avenue Miami, Florida 33131 Re: JPI Apartment Development, L.P./Application for a Comprehensive Plan Amendment Dear Mr. ein: A preliminary review of the above referenced application has been completed. The following are the comments that need to be further clarified and or addressed. Please be advised that all the issues need to be addressed before a complete analysis and recommendation can be developed and the proposed amendment scheduled before the Local Planning Agency. Issues related to the Comprehensive Plan amendment request: Public Facilities Report: • Report should compare maximum development under current land use and the maximum development under the proposed land use. • Demands on various services should be based on the actual rates used by various permitting agencies, eg. See attached Miami-Dade Water and Sewer Department rate sheets for water allocation. The City's Comprehensive Plan uses an average figure, which is not applicable to a project specific situation. It is generally accepted that service demand for residential use is far greater than that of office use. • Traffic analysis and concurrency for the maximum potential development is required. Additional data such as Average Daily Volume is needed to identify the Level of Service on the two lane streets surrounding the proposed project site. • All utility upgrades required for the maximum development need to be identified. • School impacts need to be addressed. "City of Pleasant Living" Joseph G.Goldstein JPI Apartment/Comp Plan Amendment July 18,2000 Page 2 Site Plan: ■ A complete set of plans with a completed and properly developed site plan is required. ■ Neighborhood Analysis to demonstrate relationship and compatibility of the request to the surrounding land uses, height and density is essential for evaluating the request. Building Height: ■ Need gradual transition to the neighborhood. Needs to reflect desired character of the area. ■ Show relationship to the street profile through street cross-section. Density: • Project is too dense. As proposed, the project will result in 7% of the City's population concentrated in 2.68 acres. • Analysis of compatibility with the surrounding densities is needed. Maximum density for the abutting land uses for overall development is 1.6 FAR inclusive of a cap of 24 units per acre for residential development. • Comparable projects, when prorated to 4 or 6 floors provide a density range of 35 to 53 du/acre for 4 stories and a density range of 53 to 79 du/acre for 6 stories. Jefferson on Camino Real appears to have the most density. The location of this project is in the middle of heavily commercial area as compared to the proposed project, which is apart of a neighborhood that is varied in use and density. • Examples of Sunny Isles Beach, City of Miami and Coral Gables are not compatible contexts for South Miami for the neighborhood characteristics, density and height. Market Analysis: ■ Need some basic market data and analysis (vacancy rates in the area, rental rates, projection and distribution of number of off campus students, how does it complement/conflict with University of Miami on campus housing supply/policies, etc.) The following comments are related to the building and urban design. While these are not directly related to the Comprehensive Plan Amendment request, these issues will have to be adequately addressed during the change of zoning process. It is highly recommended that most of these items be addressed now in an as comprehensive manner as possible. Site Plan: • Integration of the proposed project into the surrounding area. • Landscaping plan. - ■ Site is heavily wooded. Relocation of mature trees, canopy replacement and other mitigation plan is required. • Open space: integration of interior courtyards and public spaces. Joseph G. Goldstein JPI Apartment/Comp Plan Amendment July 18,2000 Page 3 • Sidewalks, bike paths, comfortable and safe pedestrian access to transit station, downtown, library etc., intersection treatment. • Street level to have entrances, stoops, porches, storefronts etc. • Develop street layout and provide on street parking. • Possible mid-block connection should be explored. Building Design: • A full set of plans, elevations and sections is required. • Typical floor plan submitted is mislabeled and needs proper orientation. • Seven-level parking garage oriented towards residential is unacceptable. • Arcades, awnings, porches, balconies are required. • Building entrances need to orient to public streets, plazas or public spaces. • Continuous monolithic building fagade along the full length of the block is not acceptable. • Building elevations need to have well articulated rooflines, body and a base. • Building frontages should be varied, articulated and properly scaled for pedestrian orientation. • Land Development Code requires 20 feet setback after 4th floor. Please realize that we have not received any of the plans or elevations and consequently have not had the opportunity to review them for compatibility and appropriateness. The only plan submitted with the application is what appears to be the first floor plan. This document is not sufficient to allow for a proper review of the project. Your prompt response to these preliminary comments would be appreciated. Please do not hesitate to call me if you have any questions. Sincerely, Subrata Basu, AIA,AICP Asst. City Manager/Planning Director Cc: Charles D. Scurr, City Manager lf�P-01-99 WED 10; 15 M-DWASD C^"I MGT FAX N0, 30566957F7 P, 02 c9Apfor z4 Miami-Dade Water and Sewer Department Table 2 Verification Form Fee No. Types of Building Usages Rating Listing Adult Congregate Living Units and Other I Residential Institutions and Facilities 100 gpcd NR 5 gpd/passenger 2 Airport 10 gpd/employee NR Apartments 3 (per unit) 200 gpd R-B 4 Banquet Halls 25 gpd/scat NR 5 Barbershops 10 gpd/100 sq.ft. NR 6 Bars and Cocktail Lounges 25 gpd/seat NR 7 Beauty Shops 75 gpd/seat NR g Bowling Alleys 100 gpd/lane NR 9 Camper or Trailer Parks 150 gpd/space NR Car Washes 10 (mod type) 3,500 gpd NR Car Washes 11 (recycling type) 750 gpd NR 12. Coin Laundries 225 gpd/washer NR 13 Country Clubs 25 gpd/member NR 250 gpd/per dentist 14 Dentist Offices 200 gpd/wetchair NR 15 Duplexes or Twin Home Residences 250 gpd/unit R-A Factories 16 (with showers) 20 gpd/100 sq.ft. NR Factories 17 (without showers) 10 gpd/100 sq.ft. NR Food Preparation Outlets 350 gpd minimum 18 (bakeries,meat markets,commissaries) 50 gpd/100 sq_ ft. NR 19 Funeral Homes 10 gpd/100 sq.ft. NR 20 Gas Stations,Minimarts' 450 gpd NR 1 of 3 67/16/99 CEP-01-99 WED 10; 15 H-DWASD P,gSH MGT FAX N0. 3056695757 P. 03 Miami-Dade Water and Sewer Department Table 2 Verificatfon Form Fee No. Types of Building Usages Rating Listing 21 Health Spas,Gyms 35 gpd/100 sq.ft_ NR Hospitals 22 (with laundry) 250 gpd/bed NR Hospitals 23 (without laundry) 250 gpd/bed NR 24 Hotels and Motels 100 gpd/room or unit NR 25 House of Worship 3 gpd/seat gP NR 26 Kennels 30 gpd/cage NR 27 Marinas 40 gpd/boat slip NR 28 Mobile Home Parks 340 gpd/unit R_A 29 Motor Vehicle Service Stations 10 gpd/100 sq. ft. NR 30 Nursing or Convalescent Homes 150 gpd/bed NR 31 Office Buildings 10 gpd/100 sq.ft. NR Parks 32 (with toilets only) 5 gpd/person NR Parks 33 (with toilets and showers) 20 gpd/person NR 34 Pet Grooming 10 gpd/i 00 sq.ft.+ g 75 gpd/tub NR 35 Physician Offices 250 gpd/physician NR 36 Public Swimming Facilities 10 gpd/person NR Restaurants 50 gpd/seat 37 (full service) 350 gpd minimum NR Restaurants 35 gpd/seat 38 (fast food service) 350 gpd minimum NR Restaurants S0 gpd/100 sq.ft. 39 (fie-out service) 350 gpd minimum NR 2 of 3 07/16/99 01-99 WED 10: 16 M-DWASD f -`'i MGT FAX N0, 30566957 ' P. 04 Miami-Dade Water and Sewer Department 6 - Table 2 No. Types of Building Usages Rating Verification Form Fee Listing 40 Schools - a)day care/nursery 5 gpd/student NR b)regular schools 10 gpd/student c)with cafeteria,add: 5 gpd/student D.C.SCHOOL BOARD d)with showers,add: 5 gpd/student 1S EXEMPT e)teachers and staff 15 gpd/student Shopping Centers 41 (dry use) 5 gpd/100 sq. R. NR 42 Show Rooms 10 gpd/100 sq.ft. NR 43 Single Familv Residences 350 gpd R-A 44 Stadiums,Frontons,Ball Parks 3 gpd/scat NR 45 Storage or Mini Warehouses 5 gpd/1,000 sq.fL NR Stores M 46 (without food service) 5 gpd/100 sq. fl. NR 47 Theaters f a)indoor auditorium 3 gpd/seat NR b)outdoor drive-in 5 gpd/car space 48 Townhouse Residences 250 gpd R-B 49 Veterinarian Offices a)per veterinarian 250 gpd NR b)with kennels 30 gpd/cage 50 Warehouse/Industrial Speculation Buildings 20 gpd/1,000 sq-ft. NR No= gpd=gallons per day S?cd=gallons per capita per day 3 of 3 07/26199 .......................... .......................... .......................... ........................... .......................... ........................... CITY OF SOUTH MIAMI CITY HALL, 6130 SUNSET DRIVE, SOUTH MIAMI,FLORIDA 33143 PLANNING & ZONING DEPARTMENT FAX COVER SHEET TELEPHONE 305.663.6326 or 6347 FAX 305.666.4591 DATE: Jam, 18 1 voo PHONE: FAX: 36.5 IoJ8 U052. FROM: SLtbro►}A BASI1 PHONE: 309 &0 O t4 MESSAGE: ►�e ink( Qwvmo tr� tit A&4, . �(nA Th cm*A/(7— i —IND. XMT JOURNAL— DATE JUL-18-2000 TIME 12:48 � * DATE/TIME = JUL-18-2000 12=45 JOURNAL No. = 14 COMM.RESULT = OK PAPECS) = 007 DURATION = 00:03'45 FILE No. _ MODE = TRANSMISSION DESTINATION = 3056480052 RECEIVED ID = 3056480052 RESOLUTION = FINE —CITY OF SOUTH MIAMI BZCD — FAX-900 V 1.35)WW .......................... .......................... .......................... ........................... .......................... ........................... ........................... CITY OF SOUTH MIAMI CITY HALL, 6130 SUNSET DRIVE, SOUTH MIAMI, FLORIDA 33143 PLANNING & ZONING DEPARTMENT FAX COVER SHEET TELEPHONE 305.663.6326 or 6347 FAX 305.666.4591 DATE: JW 2b0� RE: J f f � f w�fiv�f' �GdW► /�'vi.vna�► J,' �'^� PHONE: FAX: 3K q b l G137 FROM: PHONE: 365 W 634' MESSAGE: A5 to nn a ' A * * -IND. XMT JOURNAL- DATE JUL-18-2000 TIME 12:41 DATE/TIME = JUL-18-2000 12:37 JOURNAL No. = 13 COMM.RESULT = OK PAGE(S) = 007 DURATION = 00:03'49 FILE No. _ MODE = TRANSMISSION DESTINATION = 3059615737 RECEIVED ID = i Greenberg - Miami RESOLUTION = FINE -CITY OF SOUTH MIAMI BZCD - FAX-900 V1.35)*W STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH STEVEN M. SEIBERT Governor Secretary July 13, 2000 Y Mr. Subrata Basu Assistant City Manager/Planning Director JUL 1 7 2WO City of South Miami 6130 Sunset Drive South Miami, Florida 3311.43 yf1 Dear Mr. Basu:' This letter is written in response to your letter dated June 7, 2000 and also serves as a follow up to your conversations with Ken Metcalf. In your letter,you ask for the Department's comments regarding the expansion of the Redevelopment Infill District(RID)to include a 2.68- acre site proposed for at least 193 units of affordable student housing. This proposed development would also require a future land use map amendment from Mixed Use Commercial-Residential (24 dua)to the Transit-Oriented Development District (TODD) category. The Department fully supports this proposal. This development is consistent with promoting urban infill, affordable housing, and promoting transit ridership. The density, use, and proximity to MetroRail will increase ridership. If you expand the RID to this area via the large scale amendment process,the FLUM amendment could be processed as a small scale amendment subsequent to the RID amendment. However, this would be time consuming. I suggest you submit both amendments together as a large scale amendment. As the Department does not see any obvious issues at this time, you could ask that we waive the ORC Report and expedite the review. Please keep in mind that other agencies could request a formal review which would prohibit us from expediting the review. You may wish to contact the other agencies to see if they have any issues. I hope this letter answers you questions. If there is anything else that we can do for you, please contact Paul DiGiuseppe at(850) 922-1784 or paul.di R iuseppendca.state.fl.us. Sincerely, Michael D. McDaniel Growth Management Administrator 2555 SHUMARD OAK BOULEVARD * TALLAHASSEE, FLORIDA 32399-2100 Phone: (850) 488-8466/Suncom 278-8466 FAX: (850) 921-0781/Suncom 291-0781 Internet address: http://www.dca.state.fl.us CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING&COMMUNITY DEVELOPMENT 2796 Overseas Highway,Suite 212 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard Marathon,FL 33050-2227 Tallahassee,FL 32399-2100 Tallahassee,FL 32399-2100 Tallahassee,FL 32399-2100 (305)289-1402 (850)488-2356 (850)413.9969 (850)488-7956 0 00000 0000' . 0 • •000 . . 0 Building Quality for Our Customers 0 • 0 •• 00 • • • • • • ' • • • ••00 • • •% July 10, 2000 • .000. Mr. Subrata Basu •064 Planning Director 0.00. 0.00 • City of South Miami 6130 Sunset Drive South Miami, FL 33143 RE: JPI South Miami development Dear Mr. Basu: Joe Goldstein has related to JPI your possible concerns regarding the market for our planned development in South Miami. The purpose of this letter is to address those concerns. First, realize that our project is a conventional market rate development that will be oriented towards students. It is not a dormitory. Other than the presence of some four- bedroom units, the apartment units themselves will be virtually indistinguishable from other high-end developments in the area. Developing such a large apartment complex involves assuming certain risks. One risk we determine early in the process is the risk that the market is not ready or will not be able to accommodate such a development. I spent several days in the Miami area talking with individuals at the University of Miami and visiting a number of properties that have large student components. My research showed that both the occupancies and the rents currently being attained by what we see as our competitors show a sizable demand for our product. While our research is by no means complete, our initial findings have led us to make a sizable investment in this project. This is not a decision we make lightly. We only commit this level of funding to a project if we feel there is a strong likelihood that the development will come to fruition. Should you have any questions, please feel free to call me at 972.556.3736. Sincerely, JPI APARTMENT DE ELOPL.P. C Ju C. Helms Development Analyst 600 East Las Colinas Blvd.•Suite 1800•Irving,TX 75039•(972)556-1700 Fax(972)556-3784 www.jpi.com Sent by: GREENBERG TRAURIG 305 579 0717;- 07/05/00 16:11 ; Jetfax #146;Page 2.r2 Goo 0 1f City of South Miami •Y• ••• • Planning & Zoning Department : •' ' : : •• o g City Hall, 6130 Sunset Drive,South Miami,Florida W43: •.• : ••• ••• Telephone: (305)663-6327; Fax(305)666-4591 Application For Public Hearing Before Planning BoXMA Citl Codimissiop • Address of Subject Property: SW' 59 Place at 70 StreetLot(s)3-25 Block IS _Subdivision Larkins PB Z--LU Townsite Meets& Bounds: Applicant: Phone: (972)556-3782 Representative: Joseph G. Goldstein, Esq. Organization: Greenberg Traurig, P,A. Address: 1221 Brickell. Avenue, Phone: (305)579-0609 Property Owner: Various Signature: See attached Exhibit "N' Mailing Address: Contracts to Purchase Phone: Arch itect/Engineer: Phone: EDI Architecture,- Inc. 800 789-03,95 AS THE APPLICANT,PLEASE INDICATE YOUR RELATIONSHIP TO THW PROJECT: Owner Owner's Representative x�Contract,to purchase ,Option to purchase Tenant/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHECK ALL THAT;t,PPLY. —Text Amendment to LDC variance X„Letter of Intent Comprehensive Plan _Special Use X_Justifications for change _PUD Approval _Rezoning L Statement of hardship _PUD Major Change _Special Exception ,�Q Proof of ownership or lettiar from owner _Other qg Power of attorney Briefly explain application and cite specific Code sections: x–Contract to purchase X Current survey(1 original sealed and Amendment to Camprehensive Plan Msp to include signed/1 reduced copy(r&!11"x 17-) x 7 copies of Site Plan and.Floor Plans Subject Property in TODD (4+4) Land Use District , 1 reduced.copy{g111-x'17" y 20%Property owner signatures Secdon:N/A Subsection: Page#l: Amended Date: x–Mailing labels(3 sets)and map X Required Fee(s) The undersigned has read this cam feted ap plication and represents That the information and all submitted materials are true and �n t totet�rnc.F lican`t`�owleZe and belief. L ��..33cc A lie s 96iNuTe an title L1 � C e�4–z.� �.J�...e►�0�+�t ,1 4 Upon receipt, applications and all submitted materials will be reviewed for cam Nance with the Land Developmcnt Code and other applicable regulations. Applications found not in compliance will be rejected amd returned to the applicant OFFICE USE ONLY: Dste Filed Date of P9 Nesrinn Date of Commission Petitlon Required Petition Accepted — Method of Payment JUL 05 100 15:32 305 579 0717 PAGE.02 A T T O R N E Y S A T L A W • • • • ' ' ""' ••t ••• • • • 0000 • • • . . . . . . . . . . . . . . . . . • . • .... 0000. 000 .••. Joseph G.Goldstein ; •' 0 • (305)579-0609 •••• • '•"' • "' ' 0 0• ' www.goldsteinj@gtlaw.com July 6, 2000 VIA HAND DELIVERY Subrata Basu, AIA, AICP Planning Director City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: JPI Apartment Development, L.P. / Application for a Comprehensive Plan Amendment/Letter of Intent Dear Mr. Basu: This constitutes the letter of intent for JPI Apartment Development, L.P. ("JPI") in connection with their request for an amendment of the City of South Miami Comprehensive Plan. JPI has entered into contracts to purchase approximately 2.68 acres of vacant and unimproved property located at S.W. 59th Place and S.W. 70"' Street, in the City of South Miami (the "City"), Florida, which is more particularly described in the attached Exhibit "A" (the "Property"). The Property is currently zoned as a Medium-Intensity Office District (MO) in the City's Official Zoning Map and is designated as a Mixed Use Commercial Residential (Four Story) district in the Comprehensive Plan/ Future Land Use Map. It is JPI's intent to amend the Comprehensive Plan/ Future Land Use Map to include the Property within the boundaries of the Transit Oriented Development District, The Property is situated directly across the street from the South Miami MetroRail facility and parking garage, and is surrounded by: a United States Post Office and the MetroRail facility to the east and southeast, respectively; Larkin General Hospital and a parking lot to the west; a condominium development to the north; and the four-story, 117 room Hotel Vila to the south. The Property is also located within a few short blocks of the University of Miami. JPI believes that that this location is perfectly situated for a student residential facility, and is proposing the construction of a six-story rental apartment building to be designed and marketed primarily to meet the off-campus housing needs of University of Miami students. GREENBERG TRAURIG, P.A. 1221 BRICKELL AVENUE MIAMI, FLORIDA 33131 305-579-0500 FAX 305-579-0717 www.gtiaw.com MIAMI NEW YORK WASHINGTON,D.C. ATLANTA PHILADELPHIA TYSONS CORNER CHICAGO BOSTON PHOENIX WILMINGTON LOS ANGELES DENVER $AO PAULO FORT LAUDERDALE BOCA RATON WEST PALM BEACH ORLANDO TALLAHASSEE Subrata Basu JPI Apartment Development, LP July 6, 2000 Page 2 The local geography uniquely qualifies the Property for inclusion in the City's Transit Oriented Development District (TODD). The purpose of the TODD is to maximize the presence of the rapid transit center within walking distance of the district boundaries. As mentioned, the Property is directly across the street from the MetroRail facility. Parcels east of, and one block south of the Property that abut the MetroRail facility are designated as TODD's on the City's Future Land Use Map. The TODD was created by the City Commission to surround the mass transit facility and to encourage high density uses which will promote the efficiency of the land use. It is no surprise that JPI's preliminary conversations with City staff revealed that the TODD designation was considered for the Property in early transit committee meetings. In addition, the student housing facility proposed for the Property is consistent with the type of development intended for this land use designation. The maximum utilization of the TODD encourages high density residential uses in multi-story projects that are characteristic of transit-oriented developments. Students leasing these apartment units are expected to be temporary residents who will likely terminate leases upon graduation rather than remain as long- term commuters. These residents will also more regularly utilize the rapid transit system for attending classes and extracurricular activities, and will be more likely to walk and ride bicycles rather than consistently using vehicular transportation. Furthermore, redevelopment with high density uses is actually encouraged in the TODD through flexible zoning regulations. Bonus allocations are provided in the City's zoning code which are intended to accomplish the aforementioned goals of high density residential development which reduces vehicular traffic, while at the same time, encouraging a high quality pedestrian environment. In short, the proposed apartment building is precisely the type of transit- oriented development contemplated by the TODD. To that end and based on the foregoing, JPI respectfully requests your favorable recommendation of this request for an amendment to the City's Comprehensive Plan / Future Land Use Map to include the subject Property in th4ere elopment District. attachments ... ..... .... cc: Mr. John Cutrer Mr. J.W. Harris • Mr. Tony White . . . . . . . . . . . . . . . Stephen M. James, Esq. '•• ••• • MIAMI/JAMESS/1 1551 16/_r @k011.D0C/7/07/00 GREENBERG TRAURIG ""' ' ' ••• ••'• C V16;\t0eH6.0y tue Jun O6:E f6:16 E0M M< n Ir'g 5i is 1 . a`ia S.W. 61ST C�VBN AVENUEI� I hit •��ig €€° f Q 8 f�R, ( .a o too �. _-A, 0. f i�d2rotzgYd ? 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CRY OF SOUTH MIAMI,MIAMI-DADE COUNTY,FLORIDA _ I l m:-nrn;n•n,.w,.n,a n en. ,_w..,tauw k PUB y1C1- ,,AR1F4Q :•..: PROPERTY OAgQ1;tf AVAP EN9SSS F-Q01 PLANNING AND ZONING DEPT. • ••• ••• • CITY OF SOUTH NIIAMI • Fax#: (305)666-4591 6130 Sunset Drive : '•' Phone:(305)663-6326. South Miami,Florida 33143 memo ff•f._ _ ... .ue We, the undersigned property owners, are 4khi>ai SOO;eet gf thaptoper l.1Dhich will be the subject of a public hearing. We are aware that the following proposed application will be submitted to the City of South Miami: ITEM: Location: SW 59th Place at SW 70 Street South Miami, Florida 33.143 Applicant: JP T Apartment Deere 1=men t T P Description of Applicant's Proposal: Mendment to the C rehensi ye Plan Future Land Use Map to include Subject Property in the TODD District. PROPERTY OWNER'S ADDRESS NAME(Print) DATE PHONE NO. SIGNATURE See attached Exhibit "B" NOTE: This signature form is to be submitted together with any application requiring a public hearing before the Planning Board and City Commission. (Section 20-5.5(B)(2). Page of 1/10/00 sees • • • 0••• e • • ••• ••• • • ••• • ••• • • • • • • • • • • • • • • • 0•••• e ••r-• s ••e • ••••• • ••f.• x _ixEESc; 6 I I ;�� I I �g• I � m A x I '. i r r ;'r' r r �> F 3 }.{ 5•'s,.r �r y" .,Gy � H- � > �h, �s � 1 -..,..h >rY .� 1 s< r� '!x f` yVi�i. -..�y w�. 'r,�, + ',✓ ��.«�kil+�,i�'. . '•S•� i 't+ d sue{2', r*5a.r r z ' I i� 4+' �+ �� S F�a,,,rr�.kr rr,�r� 's� y-, �� rr�. r�QM ``ate'�,•qy : .Fay ' � i �K� �-.~ �• � �` ty rtf�c� i>.� : y EXHIBIT "A" Lots 3 through 25 inclusive, Block 15, LARKINS TOWNSITE SUBDIVISION, in Section 25, Township 545, Range 40E, according to the Plat thereof, recorded in Plat Book 2, Page 105, in the Official Records of Miami-Dade County, Florida. • • % to •••• • 0000 ••• . . •• •••••• • 0910 •0000• 0000•• 0000 • • • • 0000 0000• • • • • • • 0000 0000 • • • 0000• . + rre+ r+r+ • 9909 6 • •• urrr • ++ • • r • • • rrr+ • ++ r • r+r++r + rrrr + ++rr rr+ • •• + • •09 r+++rr • • r • • • • • r • rrr+ :r••+. r+rrr+ rrrr � ' rrr• r+.r+• Y • •rr+r +l+r • ••rrr CONTRACT OF SALE • BETWEEN JAMES W. HARRIS, or his assigns or successor(s) in interest, as Seller AND JPI APARTMENT DEVELOPMENT, L.P., as Buyer FAUSERSUMASouth MiamMarris Execution Contract.doc LMC 4/17100 TABLE OF CONTENTS 1. Purchase Price..........................................................................................................................1 2. Earnest Money Deposit. ...............................................................:...........................................1 3. Independent Contract Consideration. ....................................................................................2 4. Title Insurance .........................................................................................................................2 5. Survey ......................................................................................................................................3 6. Inspection Period.....................................................................................................................3 7. Closing .....................................................................................................................................4 8. Prorations and Closing Costs.......::........................................................................................5 9. Buyer's Remedies....................................................................................................................5 10. Seller's Remedy.....................................................................................................................6 11. Seller's Representations and Warranties..............................................................................6 12. Seller's Covenants.................................................................................................................6 13. Conditions Precedent to Buyer's Obligations .....................................................................7 14. Commissions.........................................................................................................................7 15. Assignment..............................................................................:.............................................8 16. Notices....................................................................................................................................8 17. Performance...........................................................................................................................9 18. Time Extensions....................................................................................................................9 19. Binding Effect........................................................................................................................9 20. Entire Agreement...................................................................................................................9 21. Attorneys' Fees....................................................................................................................10 22. Survival..................................................................................................................................10 23. Holidays, Etc.........................................................................................................................10 24. Governing Law.....................................................................................................................10 25. Risk of Loss ......................................................................:..................................................10 26. Headings ..............................................................................................................................10 27. Effective Date.......................................................................................................................10 28. Seller's Cooperation...................................:........................................................................10 29. Offer to Purchase.................................................................................................................10 EXHIBIT A-THE LAND EXHIBIT B - NON-FOREIGN AFFIDAVIT TABLE OF CONTENTS—Harris 4/17100 Page i LMC F:\USERS\JIM\South Miami\Harris Execution Contract.doc CONTRACT OF SALE This Contract of Sale (this Contract) is between JAMES W. HARRIS, or his assigns or successor(s) in interest (Seller) and JPI APARTMENT DEVELOPMENT, L.P., a Delaware limited partnership (Buyer). BACKGROUND A. Seller has entered into a Contract of Sale executed by James W. Harris on April 7, 2000, with Mauricio Montana, as Trustee, attached hereto as Exhibit C (the Agreement) for the purchase of the tract of land in Section 25, Township 54S, Range 40E containing approximately 65,549.00 square feet (the Land) located in the City of South Miami, Miami-Dade County, Florida, more particularly described on Exhibit A attached hereto and made a part hereof. B. Upon the closing of the Agreement, Seller will be the fee owner of the Land and will transfer the Land to Buyer pursuant to the terms of this Contract. C. Buyer wants to purchase the Land and all related rights and appurtenances, including, without limitation, Seller's interest in adjacent streets, alleys, rights-of-way, strips, gores, and access easements, sewer, water, or other utility capacity, and any improvements located on the Land (the Land and related rights, appurtenances, and.improvements are collectively referred to as the Property). AGREEMENT Seller shall sell the Property to Buyer and Buyer shall purchase the Property from Seller upon the following terms: 0*0"00006"roperty e Property (the Purchase Price) is ayable in cash at Closing (as defined on as shown on the Survey (as defined in Paragraph 5). 2. Earnest Money Deposit. a. Within 3 business days after Buyer receives 3 copies of this Contract executed by Seller, Buyer shall deposit with Ticor Title (Miami) (Closing Agent), 6303 Blue Lagoon Drive, Suite 1.00, Miami, Florida 33126, Attention: Cindy Monturo, Plant Manager, Phone: (305) 265=7010, Fax: (305) 261-2110, an earnest money deposit in the amount of$98,323.50. b. Closing Agent shall apply the Earnest Money Deposit (and all interest earned thereon) to the Purchase Price at Closing, or, if this Contract does not close, Closing Agent shall'disburse the Earnest Money Deposit as provided elsewhere in this Contract. C. Closing Agent shall, promptly upon receipt, place the Earnest Money Deposit in an interest bearing account in investments designated from time to time by Buyer. All interest accruing on the Earnest Money Deposit Fee is payable to Buyer upon the termination, for any reason, or the Closing of this Contract. If any events mentioned below in this Contract warrant either party to receive the Earnest Money Deposit and Extension Fee, that party CONTRACT OF SALE—Hams 4117100 Page 1 LMC F:\USERS\JIM\South Miami\Harris Execution Contract.doc will also be entitled to the interest earned on the Earnest Money Deposit and Extension Fee. 3. Independent Contract Consideration. Buyer and Seller acknowledge and agree that if Buyer timely terminates this Contract or if this Contract is deemed to have been terminated under Paragraph 6, Closing Agent shall deduct from the Earnest Money Deposit and pay to Seller as independent and nonrefundable contract consideration the sum of ONE HUNDRED DOLLARS ($100.00) for the option granted in connection with the Inspection Period (as defined in Paragraph 6). 4. Title Insurance. a. Buyer, at its expense, shall cause Ticor Land Title Company (the Title . Company), through the Closing Agent, its servicing agent) to furnish to Buyer as soon as practicable after Closing (as defined in Section 7), an ALTA Standard Form of Owner Policy of Title Insurance for the Property dated as of the Closing Date in the amount of the Purchase Price, insuring good and marketable fee simple title to the Property and to issue endorsements deleting all general exceptions and deleting the exclusion from coverage, if any, relating to creditor's rights, and providing an access endorsement, a zoning endorsement (including parking), a contiguity endorsement, a survey accuracy endorsement, an environmental lien endorsement, a restrictive covenant endorsement and such other endorsements as Buyer may require to the extent such endorsements or similar endorsements are available in for the purchase of similar property (collectively, the Owner Policy) issued by the Title Company. Upon issuance at Closing, the Owner Policy shall except only to Permitted Exceptions (as defined in Subparagra h 4.f.). b. As soon as practicable after the Effe ive Date, Buyer, at its expense, shall order a title insurance commitment covering the Property issued by Closing Agent through the Title Company (the Commitment), together with legible and complete copies of all documents referenced as title exceptions in the Commitment. C. Buyer has.15 days after its receipt of the last of the Commitment, the copies of each title exception, and the Survey (as defined in Paragraph 5) to object to any exception, condition or matter unacceptable to Buyer in the Commitment, the exceptions or on the Survey by giving notice to Seller. If Buyer does not give notice of any such objections to Seller within the 15-day period, Buyer is deemed to approve the title to the Property as shown in the Commitment as well as matters shown on the Survey. d. Seller has 30 days after receipt of Buyer's notice to cure Buyer's objections. e. If Buyer gives notice of any objections within the 15-day period and all of Buyer's objections are not cured within Seller's 30-day cure period, Buyer may, on or before the 15th day after the last day of Seller's 30-day cure period, as Buyer's sole and exclusive remedy, waiving all other remedies, either: CONTRACT OF SALE—Harris 4/17100 Page 2 Lenc F:\USERS\JIM\South Miami\Harris Execution Contract.doc ►• terminate this Contract by notice to Seller; then Closing Agent shall promptly return the Earnest Money Deposit to Buyer and the parties thereafter have no further rights, liabilities, or obligations under this Contract; or ii. waive its objections to the Commitment, the exceptions and the Survey and accept Seller's title as shown in the Commitment and on the Survey. If Buyer fails to notify Seller of its elected remedy, Buyer shall be deemed to have elected to continue this Contract. f• The exceptions to title listed in the Commitment that are either accepted or waived by Buyer'are the Permitted Exceptions, however, no requirements of Seller shall be accepted as Permitted Exceptions without Buyer's specific written approval. 9• Seller shall not further encumber the title to the Property after the Effective Date without the prior written consent of Buyer, in Buyer's sole discretion. h. If any additional title encumbrances are discovered after the Title Company's issuance of the Commitment, Buyer has the same rights concerning objections to the additional title encumbrances as are provided above in this Paragraph. 5• Survey. As soon as practicable after the Effective Date, Buyer, at its expense, shall rder a current ALTA survey of the Property (the Survey) certified to Buyer, Closing Agent, the T le Company, and Buyer's lender by a surveyor licensed in the State of Florida and selected by Buyer. 6. Inspection Period. a. Commencing on the Effective Date and continuing through the date of Closing, Buyer may, but is not obligated to, inspect the Property and review and analyze all materials, surveys, maps, reports, and other matters and information provided pursuant to this Contract, together with any other materials, surveys, maps, reports, studies, and other matters it may choose, in its sole and absolute discretion. b. Buyer may, for any reason whatsoever, or for no reason at all, in Buyer's sole discretion, terminate this Contract by notifying Seller of Buyer's election to terminate under this Paragraph no later than 5:00 p.m., Dallas, Texas time, on the later of(i) June 12, 2000 or (ii) a date which has been extended by one day for each day the inspection period in the Agreement has been extended, pursuant to-Section 6c. of the Agreement, which allows Seller to extend its inspection period by one day for each day Mauricio Montana, as Trustee, has not provided Seller with evidence establishing the termination and/or cancellation of the purchase option and right of first refusal granted to Francisco Montana with respect to the Property, pursuant to paragraph 5 of that certain Agreement dated May 7, 1991 between Mauricio Montana, as Trustee and Francisco Montana (the Purchase Right Termination), such CONTRACT OF SALE—Harris 4/17/00 LMC F:\USERS\JIM\South Miami\Harris Execution Contract.doc Page 3 Purchase Right Termination attached hereto as Exhibit D (the Inspection Period). Upon receipt of evidence, reasonably acceptable to Seller, establishing the termination and/or cancellation of the Purchase Right Termination, Seller shall immediately provide such written Buyer, along with a copy of such evidence. If the Agreement ristterminated ication to Pursuant to paragraph 6c. of the Agreement, either party may terminate this Contract by providing written notice to the other party within 10 days after the receipt of notification of the termination of the Agreement. C. If Buyer timely terminates this Contract, Closing Agent shall promptly return the Earnest Money Deposit to Buyer and the parties thereafter have no further rights, liabilities, or obligations under this Contract. d. Seller grants to Buyer, its agents, contractors and employees, a license, terminable only upon the termination of this Contract, to enter upon the Property to make all studies and inspections deemed necessary or desirable by Buyer. Buyer's performance of all studies and tests is at its sole risk and expense. e• If the Property is damaged by Buyer or Buyer's agents or contract Buyer's inspections, Buyer shall: ors during i• repair and restore the damaged portion, of the Property to substantially the same condition as existed prior to conducting the studies and tests; and ii. hold Seller harmless from any actual damages (Seller waives any right to collect consequential or punitive damages) arising solely and directly from the actions of Buyer, its agents, contractors, or employees, in conducting the studies or tests. f. Buyer has no liability to Seller for any reduction in value to the Property that results from the discovery of matters or circumstances through Buyer's studies and tests. 7• Closing. a. The "Closing" of this Contract will occur in the Title Company's offs 10:30 a.m., eastern standard time, on or before the date which s the later of _ (i) the 30th day after the Conditions Precedent Deadline (as defined in Paragraph 13) or (ii) the date which is thirteen (13) months after the Effective Date (the Closing Date). b. At the Closing: i. Buyer must pay to Seller the Purchase Price, less credits shown in the closing statement and if Buyer so elects, Buyer may purchase, at its expense, the Owner Policy; and ii. Seller must deliver to Buyer: CONTRACT OF SALE—Harris LMC F:IUSERSIJIMISouth MiamilHarris,Execution Contract.doc . Page 4 1• one or more special warranty deeds in form acceptable to Buyer conveying good and marketable fee simple title to the Property to Buyer and containing no exceptions or conditions except the Permitted Exceptions (excluding the standard printed exceptions in the Owner Policy); 2. a Non-Foreign Affidavit for each Seller in substantial) the form attached to this Contract as Exhibit B; y 3. a certificate that Seller's representations and warranties continue to be true and correct as of the Closing Date; 4• any other documents deemed necessary by Closing Agent or Buyer's counsel; and 5. exclusive possession of the Property. 8. Prorations and Closing Costs. a. Ad valorem taxes against the Property will be prorated at Closing as of the Closing Date based on the tax bills for the year of Closing. Seller shall pay to Buyer at Closing the portion of the taxes on the Property from the beginning of the current year through the Closing Date. If Closing occurs before the current year's tax bills are available, the proration will be based on the latest tax rate applied to the latest assessed valuation; then, after the taxes for the current year are finally assessed, Buyer shall refund to Seller any amount overpaid by Seller or Seller shall pay to Buyer the amount of any deficiency in the proration. b. The term "ad valorem taxes" as used in this Paragraph includes general assessments - including, without limitation, regular annual assessments payable to any property owners association - but does not include rollback or deferred taxes that are payable because of change in ownership or land use or any special assessments or assessments for street widening, repair, or improvement, or from the property owners association, which Seller shall pay at Closing (even if such amounts are not then due). C. Buyer shall pay recording fees due for the transfer of title of the Property. d• All-closing costs other than as specified above, or as may be specifically allocated elsewhere in this Contract, will be allocated to Seller and Buyer in the customary manner for the sale and purchase of unimpove property in Miami-Dade County, Florida, as of the Closing Dater p ovidedl each party shall pay its own attorneys' fees except in the event of litigation. e• The provisions of Paragraph 8 survive Closing. 9• Buyer's Remedies. If Seller does not perform its obligations under this Contract or is otherwise in breach of this Contract, Buyer may, at its option, either: a• enforce specific performance; or CONTRACT OF SALE—Harris LnnC F:IUSERSIJIM1South Miami\Harris/Execution Contract.doc Page 5 b. seek an injunction against Seller to prevent Seller's breach or default this Contract; or ult under C. terminate this Contract. If Buyer terminates this Contract due to Seller's default, Closing Agent sha Earnest Money Deposit and the Extension Fee to Buyer, and the 11 Promptly return the rights, liabilities, or obligations under this Contract. Parties thereafter have no further 10. Seller's Remedy. If Buyer does not perform its obligations under any reason except the termination of this Contract pursuant to an applicable Provision Contract, Seller's `exclusive remedy, waiving all other remedies ,s this Contract for Closing Agent shall promptly to terminate this Contract and P p y pay the Earnest Money Deposit and the Extension Fee to Seller as liquidated damages and the parties thereafter have no further rights, liabilities o this Contract. Seller's damages are difficult to ascertain and the amount of th Deposit and Extension Fees is'a fair a � r obligations under approximation of Sellers damages. a Earnest Money 11. Seller's Representations and Warranties. Seller represents Buyer as follows (which representations and warranties are also deemed made and warrants to by Seller to Buyer at Closing and survive Closing): a• There is no pending or, to Seller's knowledge threatened litigation or administrative proceeding affecting Seller relating to the Property. b. Seller has the power and has obtained all necessary approvals required for the execution, delivery of, and Seller's performance under this Contract. C. There are no attachments, executions, assignments for the be creditors, or voluntary or involuntary benefit of other debtor relief laws knowingly contemplated proceedings in bankruptcy or under against Seller. Y. pending, or threatened 12. Seller's Covenants. Seller shall, at Seller's sole cost and expense: a Promptly advise Buyer in writing of any litigation or hearing or notice received or any material changes of facts relating to the Property that cause any of Seller's representations or warranties to be inaccurate in an b. Y res pect. Not take any action or omit to take any action that could have the effect of violating any representations, warranties, or agreements of Seller in this his . C. Deliver to Buyer within 10 days after the Effective Date copies of all statements for the Property, including those for 1997, 1998, and 1 it tax relating to ad valorem taxes and special assessments, correspondence with Governmental Authorities (including any condemnation notices, proceedings or awards), soils reports, environmental studies, endangered species reports and studies, surveys, abstracts of title, title policies, plats, site plans elevations, topographical maps, engineering studies, traffic studies, and of er studies and reports in Seller's possession concerning the Property. CONTRACT OF SALE—Harris LMC F:IUSERSIJIM1South Miami\Harris,Execution Contract.doc Page 6 d• From the Effective Date until the Closin condition and repair. 9, maintain the Property in good The terms "Governmental Authority" and "Governmental Authorities" America, the State of Florida, Miami-Dade County, the City f S subdivision in which the Property is located or w mean the United States of construction of multifamily residential improvements Y South Miami and an which exercises jurisdiction over the any other commission, board, bureau, property owners association,Property y'd�and an agency, Y or the improvement district, or similar district, or other instrumental o Y gency, department, Y strict, flood control district, y f any of them. 13. Conditions Precedent to Buyer's Obligations. If an Precedent have not occurred b Conditions Precedent Duel by t e 27ex except as hereafter y of the following Conditions y after the expiration of the Inspection Period (the and be of no further force or effect, Closing Agent shall prompt) return to Buyer and the parties shall have no further obli a • set forth, this Contract shall terminate Y n the Earnest Money Deposit g bons or liabilities under this Contract: a• Buyer has obtained all appropriate governmental a pprovals and commitments including, without limitation, a PUpo and site plan a pprovals in form and content wholly acceptable to Buyer necessary for the permitting, developing and operation of the proposed improvements on the Property,p y, including, without limitation, Site Plan Approval from the City of South Miami and Tentative Plat A Miami-Dade County allowing for the proposed development of multifamily housing at a floor area ratio of 1.6. Approval from Buyer may, at Buyer's sole option, waive all or an respect to the matters set forth in (a) above if all such a y of the foregoing Conditions Precedent. Condition Precedent Deadline, Buyer may extend the Condition With approvals have not been obtained by the additional 30-day periods (the Extension Period b n Precedent Deadline for three Company in writing of Buyer's election to extend and depositing ' y notifying Seller, Escrow Agent and Title $15,000 (the Extension Fee) for each 30-da expiration of the Extension Period, Buyer may waive g ith the Escrow Agent the sum of y period, and if they have not been.obtained by the the Contract. In the event Buyer does not waive the unfulfilled this Contract terminates event set forth above such approvals it writing and continue with Money Deposit to Buyer. In addition, in the event Agent shall promptlyrretum the writing, Plan." is rejected by City of South Miami, Seller will be entitled to retain Earnest Buyer's submission of its "variance free site tam the Extension Fee, if any. 14. Commissions. a• Each party warrants to the other party that it has not dealt with any real estate broker or salesman in the negotiation of this Contract exce t Harris of J Harris and Company (the Broker) but no commissio n shalt be earned, due or payable unless this transaction closes..W. p James b• If the Closing occurs, Buyer shall a commission equal to the amount set yforthtlin Broker e a the Closing a between them. separate agreement CONTRACT OF SALE_ Harris LMC F:IUSERSIJIM\South Miami\Harris/Execution Contract.doc Page 7 C. Each party shall indemnify, defend and hold harmless the other a any other real estate commissions due by virtue of the execution or Closing Of this Contract, the obligation or asserted claim for p rty from actions which arises from taken or claimed to be taken by the indemnifying 15. Assignment.9 Buyer m Y 9 party. may not assign this Contract without Seller's co consent not to be unreasonably withheld or delayed, except to an affiliate of 8 in which Buyer or an affiliate of Buyer is the general partner and Bu consent, such own at least 50% of the entity. Upon an Buyer or 's an entity Buyer shall be released from, Buyer's obligations under this Contract. and/or Buyer's affiliates y permitted assignment, the assignee shall assume, and same meaning as defined in the rules and regulations promulgated b Exchange Commission under the Securities Act of ntract. The term affiliate has the 1933, as amended. y the Securities and 16. Notices. All notices, requests, a permitted to be delivered under this Contract must be in writing,approvals, and other communications required or effective (a) on the business day sent if sent by telecopier prior to and the sending telecopier generates a written confirmation . properly addressed, and are 5.00 p.m., Dallas, Texas time, nationally recognized, overnight courier service (c) sending, b disrupted or threatened in which event some method of g' ( ) 1 day after delivery to a . ( ) if orderly delivery of the mail is not then 3 days after being deposited in the United States mail, certified, return re delivery other than the mail must be used, prepaid, or(d) upon receipt if delivered personally or by any method other than All such communications must be addressed to Seller or Bu receipt requested, postage following addresses, or to any other address either part may as provided above. Buyer, as the case may be, at the party: Y y designate by notice to the other Seller: James W. Harris 2665 South Bayshore Drive, Suite 702 Coconut Grove, Florida 33133 Telephone: (305) 859-8420 Telecopy: (305) 859-8410 E-Mail: jwharris @bellsouth.net With copy to: Janice L. Russell Akerman Sentertitt 28" Floor One Southeast Third Ave. Miami, Florida 33131 Telephone: (305) 982-5611 Telecopy: (305) 374-5095 E-Mail: jrussell @akerman.com Buyer: JPI Apartment Development, L.P. 600 East Las Colinas Boulevard Suite 1800 Irving, Texas 75039 Attention: John Dinan Telephone: (972) 556-6926 Telecopy: (972) 556-6952 E-Mail: jdinan @jpi.com CONTRACT OF SALE—Harris LnnC F:IUSERSIJIM1South Miami\Harris/Execution Contract.doc Page 8 With copies to: JPI Apartment Development, L.P. 600 East Las Colinas Blvd. Cigna Tower, Suite 1800 Irving, Texas 75039 Attention: John B. Cutrer Telephone: (972) 556-3782 Telecopy: (972) 556-6952 E-Mail: icutrer@jpi.com Munsch Hardt Kopf& Harr, P.C. 4000 Fountain Place 1445 Ross Avenue Dallas, Texas 75202-2790 Attention: Lynn.Collins Telephone: (214) 855-7516 Telecopy: (214) 978-4391 E-Mail: Icollins @munsch.com Closing Agent Ticor Title 6303 Blue Lagoon Drive Suite 100 Miami, Florida 33126 Attention: Cindy Monturo, Plant Manager Telephone: (305) 265-7010 Telecopy: (305) 261-2110 Title Company Ticor Land Title Company 2100 McKinney Avenue Suite 1200 Dallas, Texas 75201 Attention: Lori Furr Telephone: (214) 954-5400 Telecopy: (214) 954-5500 17. Performance. Time is of the essence in the performance of the a terms of this 18. Time Extensions. If Seller does not provide the documents 12(c) to Buyer within the time frame set forth in Paragraph 12 those items is extended until Seller provides each of the items listed in Paragraph the Inspection Period, the Conditions Precedent p to time period for Seller to provide date extended for like periods of time. Deadline and the Closing Date are Iauttomatica of automatically 19. Binding Effect. This Contract is binding upon and inures t o the benefit of the successors and assigns of the parties. 20. Entire Agreement. This Contract embodies the complete agreement parties and may not be varied or terminated except by written agreement o he i between the parties. The Title CONTRACT OF SALE—Harris LMC F:IUSERSIJIM1South MiamRHarris/ Page 9 Execution Contract.doc Company and Closing Agent are not parties to this Con tract and their consent is not required for any amendment, variation or termination of this Contract. 21. Attorneys' Fees. enforcement of this Contract, the In thin event of litigation concernin attorneys' fees, court costs, and expenses, whether'at thettrialtor recover from thenlos nretation or appellate level. g party its 22. Survival. Any of the provisions of this Contract pertaining following Closing survive Closing and the delivery therein. All indemnities under this Contract survive an term' to a period of time of the deed to Buyer and are not merged Contract. Y ination and the Closing of this 23. Holidays, Etc. Whenever an ' Saturday, Sunday, or legal holiday under-the laws of thle State or f date provided herein falls on a is extended to the next day.that is not a Saturday, Sunday, or legal day as used in this Contract means any day that is not a Saturday, or Florida, then that date the laws of the State of Texas or Florida. g holiday. The term business rday, Sunday, or legal holiday under 24. Governing Law. The laws of the State of Florida over 9 n this Contract. 25. Risk of Loss; Condemnation. Seller bears the risk of loss Property prior to Closing, unless the damage is caused solely by the acts of Buyer, is agents, se contractors, or employees. If prior to Closing causes other than the sole negligence of Buyer,any agents, g y portion of the Property is damaged due to eminent domain proceedings are filed against an Property is condemned, Buyer may terminate this g contractors, or employees, or he within Property days after Buyer receives notice Portion of the Property or an Contract b g Y portion of the this Contract under this Paragraph, Closing Agent and notice . termination m Seller e of the damage or condemnation. If Buyer terminates Deposit and Extension Fees to Buyer and the parties thereafter have n g gent shall promptly return the Earnest Money obligations under this Contract. If Buyer is entitled to terminate this Con and elects not to do so, Seller shall.assign entitled Buyer at o further rights, liabilities, h proceeds or condemnation proceeds relating o the dams tract under this Paragraph Y Closing Seller's interest in any insurance damage or condemnation. 26. Headings. Paragraph headings or captions are used in this Contract for convenience only and do not limit or otherwise affect the meaning of an provision 27. Effective Date. The Effective Date of this Contra Y p ion hereof. Buyer,or Seller executes this Contract. Contract is the last date on which the 28. Seller's Cooperation. Seller, at no cost or expense with Buyer in filing any necessary to Seller, shall sign and join governmental a rY application, and shall cooperate with Buyer in obtaining all approvals and commitments necessary for the permitting, developing and operation of the proposed improvements on the Property. 29, Offer to Purchase. Upon execution by Buyer, this Contra the Property that terminates at 5:00 P.M. date of Buyer's execution of this Contract unless prior to such act is an offer to purchase Dallas, Texas time, on the 5th business day after the (3) counterparts of this Contract executed b h time, Seller delivers to Buyer three counterparts of the Contract, Buyer shall forward the original executed c y Seller. When Buyer receives the executed Contract and the Earnest Money Deposit to Closing Agent, with a co the Title Company, and obtain Closing Agent execution t, this Contra ounterparts ra the py of the executed Contract to Contract acknowledging receipt of CONTRACT OF SALE—Harris LMC F:IUSERSIJIMISouth Miami\Harris 4/17100 Execution Contract.doc Page 10 the Earnest Money y execute Deposit. Buyer shall then return one (1) fully d copy of this Contract to CONTRACT OF SALE—Harris LMC FAUSERSWIMISouth Miami\Harris/Execution Contract.doc Page 11 EXECUTED by Buyer on 2000. BUYER: JPI APARTMENT DEVELOPMENT, L. P., a Delaware limited partnership By: Lifestyle Apartment Development Se ice LLC, a Delaware limited liab lity c pan , general partner Name: Title: EXECUTED by Seller on 2000. SELLER: JAMES W. HARRIS, or his assigns or succ ) in interest By CG�Z arses W. Harris CONTRACT OF SALE—Harris 4/17/00 Page 12 LMC F:\USERS\JIM\South Miami\Harris Execution Contract.doc The undersigned acknowledges receipt of the Earnest Money Deposit and shall hold and disburse the Earnest Money Deposit in accordance with the terms of this Contract. CLOSING AGENT: TICOR TITLE By: Name: Title: , 2000 CONTRACT OF SALE-Harris 4117/00 Page 13 LMC F:\USERS\JIM\South Miami\Harris Execution Contract.doc EXHIBIT A -THE LAND Lots 8,9,10,14,15;16,17,18,19 and 20 of Block 15 of the Larkins Townsite Subdivision, City of South Miami, Miami-Dade County, Florida. • EXHIBIT B—SURVEYOR'S CERTIFICATE Page 1 EXHIBIT B - NON-FOREIGN AFFIDAVIT SUBJECT PROPERTY: See Exhibit A attached hereto. SELLER: BUYER: JPI a Section 1445 of the Internal Revenue Code provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person. To inform Buyer that the withholding of tax is not required upon the disposition of a U.S. real property interest by Seller, the undersigned hereby certify the following on behalf of Seller: 1. Seller Js not a foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations); 2. Seller's U.S. employer identification number is 3. Seller's office address is: Seller understands that this certification may be disclosed to the Internal Revenue Service by Buyer and that any false statement contained herein could be punished by fine, imprisonment, or both. Under penalties of perjury, I declare that I have examined this certification and to the best of my knowledge and belief, it is true, correct, and complete, and I further declare that I have authority to sign this document on behalf of Seller. SWORN TO AND SUBSCRIBED before me, the undersigned authority, by an individual on this day of 12000. Notary Public, State of Flar My Commission Expires: O� -3 0 -03 nNA NWYN : C, ,: MY COMMISSION#CC 867220 EXPIRES:August 30,2003 EXHIBIT C—NON-FOREIGN AFFIDAVIT Page 1 %? ;ndThNNWUy Pubic Undervniters EXHIBIT C-THE AGREEMENT [TO BE ATTACHED] EXHIBIT C—NON-FOREIGN AFFIDAVIT Page 2 a EXHIBIT D- PURCHASE RIGHT TERMINATION [TO BE ATTACHED] EXHIBIT C—NON-FOREIGN AFFIDAVIT Page 3 . . . 0006 .. . • 0 600000 • 000 • 9• 9e69 99 • 0 0 . 9 • 400000 .... • 990669 •999 909 • • 0 • 99 669060 Y • • 0 0600 •9000• 699699 666• • • • e 96-60 6 6 099• 0090 c699 6 • • Y •060• • 0 CONTRACT OF SALE BETWEEN GEORGE ELIAS, JR., ESQ., RICHARD A. ELIAS AND GWYNN M. ELIAS, as Seller AND JPI APARTMENT DEVELOPMENT, L.P., as Buyer FAUSERSWIAMSouth Miami\Elias Final Contract cloc LMC 4/14/00 TABLE OF CONTENTS 1. Purchase Price.......................................................................:........... 1 2. Earnest Money Deposit...........................................................................................................1 3. Independent Contract Consideration....................................................................................:2 4. Title Insurance .........................................................................................................................2 5. Survey ......................................................................................................................................3 6. Inspection Period...........:.........................................................................................................3 7. Closing .....................................................................................................................................4 8. Prorations and Closing Costs.................................................................................................5 9. Buyer's Remedies............:........................................................................................................5 10. Seller's Remedy.....................................................................................................................5 11. Seller's Representations and Warranties...............................:.............................................6 12. Seller's Covenants............................................................................:....................................6 13. Conditions Precedent to Buyer's Obligations :....................................................................7 14. Commissions.........................................................................................................................7 15. Assignment............................................................................................................................7 16. Notices....................................................................................................................................8 17. Performance.:.........................................................................................................................9 18. Time Extensions....................................................................................................................9 19. Binding Effect........................................................................................................................9 20. Entire Agreement...................................................................................................................9 21. Attorneys' Fees......................................................................................................................9 22. Survival.....................................................................................................................................9 23. Holidays, Etc................................:.........................................................................................9 24. Governing Law.......................................................................................................................9 TABLE OF CONTENTS—Elias 4/14100 Page i LMC F:\USERS\JIM\South MiamilElias Final Contract.doc 25. Risk of Loss ...........................................................................................................................9 26. Headings ..............................................................................................................................10 27. Effective Date.......................................................................................................................10 28. Seller's Cooperation............................................................................................................10 29. Offer to Purchase...:.............................................................................................................10 EXHIBIT A -THE LAND EXHIBIT B - NON-FOREIGN AFFIDAVIT TABLE OF CONTENTS—Elias 4/14/00 Page ii LMC F:\USERS\JIM\South MiamitElias Final Contract.doc h CONTRACT OF SALE This Contract of Sale (this Contract) is between GEORGE ELIAS, JR., ESQ., RICHARD A. ELIAS and GWYNN M. ELIAS (collectively, Seller) and JPI APARTMENT DEVELOPMENT, L.P., a Delaware limited partnership (Buyer). BACKGROUND A. Seller is the owner of a tract of land in Section 25, Township 54S, Range 40E containing approximately 30,509 square feet (the Land) located in the City of South Miami, Miami- Dade County, Florida, more particularly described on Exhibit A attached hereto and made a part hereof. B. Buyer wants to purchase the Land and all related rights and appurtenances, including, without limitation, Seller's interest in adjacent streets, alleys, rights-of-way, strips, gores, and access easements, sewer, water, or other utility capacity, and any improvements located on the Land (the Land and related rights, appurtenances, and improvements.are collectively referred to as the Property). AGREEMENT Seller shall sell the Property to Buyer and Buyer shall purchase the Property from Seller upon the following terms: 1. has the Property (the Purchase Price) is ayable in cash at Closing (as defined in Tdridurldpn 1) DaStau On e ME square footage of the Property as shown on the Survey (as defined in Paragraph 5). 2. Earnest Money Deposit. a. Within 3 business days after Buyer receives 3 copies of this Contract executed by Seller, Buyer shall deposit with Ticor Land Title Company (Closing Agent),&SOS 8/Lcc.4Q*JS'd mi, Florida.3 a4. Attention: C m 4!,M&,o x,-* , Phon : (36'�_1GS--7o epFax: an earnest money deposit in the amount of$41,187.15. b. Closing Agent shall apply the Earnest Money Deposit and the Extension Fee (and all interest earned thereon) to the Purchase Price at Closing, or, if this Contract does not close, Closing. Agent shall disburse the Earnest Money Deposit and Extension Fee as provided elsewhere in this Contract. C. Closing Agent shall, promptly upon receipt, place the Earnest Money Deposit and the Extension Fee in an interest bearing account in investments designated from time to time by Buyer. All interest accruing on the Earnest Money Deposit and the Extension Fee shall become part of the Earnest Money Deposit. If any events mentioned below in this Contract warrant either party to receive the Earnest Money Deposit Extension Fee, that party will also be entitled to the interest earned on the Earnest Money Deposit and Extension Fee. CONTRACT OF SALE-Elias 4/14/00 Page 1 LMC F:\USERS\JIM\South Miami\Elias Final Contractdoc 3. Independent Contract Consideration. Buyer and Seller acknowledge and agree that if Buyer timely terminates this Contract, Closing Agent shall deduct from the Earnest Money Deposit and pay to Seller as independent and nonrefundable contract consideration the sum of ONE HUNDRED DOLLARS ($100.00) for the option granted in connection with the Inspection Period (as defined in Paragraph 6). 4. Title Insurance. a. Buyer, at its expense, shall cause TICOR Miami (the Title Company), through the Closing Agent, its servicing agent) to furnish to Buyer as soon as practicable after Closing (as defined in Section 7), an ALTA Standard Form of Owner Policy of Title Insurance for the Property dated as of the Closing Date in the amount of the Purchase Price, insuring good and marketable fee simple title to the Property and to issue endorsements deleting all general exceptions and deleting the exclusion from coverage, if any, relating to creditor's rights, and providing an access endorsement, a zoning endorsement (including parking), a contiguity endorsement, a survey accuracy endorsement, an environmental lien endorsement, a restrictive covenant endorsement and such other endorsements as Buyer may require to the extent such endorsements or similar endorsements are available in for the purchase of similar property (collectively, the Owner Policy) issued �� by the Title Company. Upon issuance at Closing, the Owner Policy shall except only to Permitted Exceptions (as efined in Subparagraph 4.f.). b. As soon as practicable after the Effective Date, Buyer, at its expense, shall order a title insurance commitment covering the Property issued by Closing Agent through the Title Company (the Commitment), together with legible and complete copies of all documents referenced as title exceptions in the Commitment. C. Buyer has 15 days after its receipt of the last of the Commitment, the copies of each title exception, and the Survey (as defined in Paragraph 5) to object to any exception, condition or matter unacceptable to Buyer in the Commitment, the exceptions or on the Survey by giving notice to Seller. If Buyer does not give notice of any such objections to Seller within the 15-day period, Buyer is deemed to approve the title to the Property as shown in the Commitment as well as matters shown on the Survey. d. Seller has 30 days after receipt of Buyer's notice to cure Buyer's ob gpttions. e. If Buyer gives notice of any objections thin the eriod and all of Buyer's objections are not cured within Seller's 0--day cure period, Buyer / may, on or before the 15th day after the last day of Seller's - ay cure j �G period, as Buyer's sole and exclusive remedy, waiving all other remedies, either: i. terminate this Contract by notice to Seller; then Closing Agent shall promptly return the Earnest Money Deposit to Buyer and the parties thereafter have no further rights, liabilities, or obligations under this Contract; or CONTRACT OF SALE—Elias 4114/00 Page 2 LMC F:\USERS\JIM\South MiamilElias Final Contract.doc ii. waive its objections to the Commitment, the exceptions and the Survey and accept Seller's title as shown in the Commitment and on the Survey. If Buyer fails to notify Seller of its elected remedy, Buyer shall be deemed to have elected to continue this Contract. f. The exceptions to title listed in the Commitment that are either accepted or waived by Buyer are the Permitted Exceptions, however, no requirements of Seller shall be accepted as Permitted Exceptions without Buyer's specific written approval. g. Seller shall not further encumber the title to the Property after the Effective Date without the prior written consent of Buyer, in Buyer's sole discretion. h. If any additional title encumbrances are discovered after the Title Company's issuance of the Commitment, Buyer has the same rights concerning objections to the additional title encumbrances as are provided above in this Paragraph. 5. Survey. As soon as practicable after the Effective Date, Buyer, at its expense, shall order a current ALTA survey of the Property (the Survey) certified to Buyer, Closing Agent, the Title Company, and Buyer's lender by a surveyor licensed in the State of Florida and selected by Buyer. 6. Inspection Period. a. Commencing on the Effective Date and continuing through the date of Closing, Buyer may, but is not obligated to, inspect the Property and review and analyze all materials, surveys, maps, reports, and other matters and information provided pursuant to this Contract, together with any other materials, surveys, maps, reports, studies, and.other matters it may choose, in its sole and absolute discretion. b. Buyer may, for any reason whatsoever, or for no reason at all, in Buyer's sole discretion, terminate this Contract by notifying Seller of Buyer's election to terminate under this Paragraph no later than 5:00 p.m., Dallas, Texas time, on or before the 60`h day after the Effective Date (the Inspection Period). C. If Buyer timely terminates this Contract, Closing Agent shall promptly return the Earnest Money Deposit to Buyer and the parties thereafter have no further rights, liabilities, or obligations under this Contract. d. Seller grants to Buyer, its agents, contractors and employees, a license, terminable only upon the termination of this Contract, to enter upon the Property to make all studies and inspections deemed necessary or desirable by Buyer. Buyer's performance of all studies and tests is at its sole risk and expense. CONTRACT OF SALE—Elias 4/14/00 Page 3 LMC F:\USERS\JIM\South MiamilElias Final Contract.doc ��j e. If the Property is damaged by Buyer or Buyer's agents or contractors during Buyer's inspections, Buyer shall: L repair and restore the damaged portion of the Property to substantially the same condition as existed prior to conducting the studies and tests; and ii. hold Seller harmless from any actual damages (Seller waives any right to collect consequential or punitive damages) arising solely and directly from the actions of Buyer, its agents, contractors, or employees, in conducting the studies or tests. f. Buyer has no liability to Seller for any reduction in value to the Property that results from the discovery of matters or circumstances through Buyer's studies and tests. 7. Closing. a. The "Closing" of this Contract will occur in the Closing Agent's offices at 10:30 a.m., eastern standard time, on or before the 30th day after the Conditions Precedent Deadline (as defined in Paragraph 13) (the Closing Date). b. At the Closing: L Buyer must pay to Seller the Purchase Price, less credits shown in the closing statement and if Buyer so elects, Buyer may purchase, at its expense, the Owner Policy; and ii. Seller must deliver to Buyer: 1. one or more special warranty deeds in form acceptable to Buyer conveying good and marketable fee simple title to the Property to Buyer and containing no exceptions or conditions except the Permitted Exceptions (excluding the standard printed exceptions in the Owner Policy); 2. a Non-Foreign Affidavit for each Seller in substantially the form attached to this Contract as Exhibit B; 3. a certificate that Seller's representations and warranties continue to be true and correct as of the Closing Date; 4. any other documents deemed necessary by Closing Agent or Buyer's counsel; and 5. exclusive possession of the Property. CONTRACT OF SALE-Elias 4/14/00 Page 4 LMC F:\USERS\JIM\South MiarnAElias Final.Contract.doc 8. Prorations and Closing Costs. a. Ad valorem taxes against the Property will be prorated at Closing as of the Closing Date based on the tax bills for the year of Closing. Seller shall pay to Buyer at Closing the portion of the taxes on the Property from the beginning of the current year through the Closing Date. If Closing occurs before the current year's tax bills are available, the proration will be based on the latest tax rate applied to the latest assessed valuation; then, after the taxes for the current year are finally assessed, Buyer shall refund to Seller. any amount overpaid by Seller or Seller shall pay to Buyer the amount of any deficiency in the proration. b. The term "ad valorem taxes" as used in this Paragraph includes general assessments - including, without limitation, regular annual assessments payable to any property owners association - but does not include rollback or deferred taxes that are payable because of change in ownership or land use or any special assessments or assessments for street widening, repair, or improvement, or from the property owners association, which Seller shall pay at Closing (even if such amounts are not then due). C. Buyer shall pay recording fees due for the transfer of title of the Property. d. All closing costs other than as specified above, or as may be specifically allocated elsewhere in this Contract, will be allocated to Seller and Buyer in the customary manner for the sale and purchase of unimproved real property in Miami-Dade County, Florida, as of the Closing Date; provided, each party shall pay its own attorneys' fees except in the event of litigation. e. The provisions of Paragraph 8 survive Closing. 9. Buyer's Remedies. If Seller does not perform its obligations under this Contract, or is otherwise in breach of this Contract, Buyer may, at its option, either: a. enforce specific performance; or b. seek an injunction against Seller to prevent Seller's breach or default under this Contract; or C. terminate this Contract. If Buyer terminates this Contract due to Seller's default, Closing Agent shall promptly return the Earnest Money Deposit and the Extension Fee to Buyer, Seller shall reimburse Buyer upon demand for all reasonable out-of-pocket expenses incurred by Buyer in connection with this transaction, and the parties thereafter have no further rights, liabilities, or obligations under this Contract. 10. Seller's Remedy. If Buyer does not perform its obligations under this Contract for any reason except the termination of this Contract pursuant to an applicable provision of this Contract, Seller's exclusive remedy, waiving all other remedies, is to terminate this Contract and Closing Agent shall promptly pay the Earnest Money Deposit and the Extension Fee to Seller as liquidated damages and the parties thereafter have no further rights, liabilities, or obligations under CONTRACT OF SALE—Elias 4/14/00 Page 5 LMC F:\USERS\JIM\South MiarnhElias Final Contract.doc this Contract. Seller's damages are difficult to ascertain and the amount of the Earnest Money Deposit and Extension Fees is a fair approximation of Seller's damages. 11. Seller's Representations and Warranties. Seller represents and warrants to Buyer as follows (which representations and warranties are also deemed made by Seller to Buyer at Closing and survive Closing): a. There is no pending or, to Seller's knowledge,' threatened litigation or administrative proceeding affecting Seller relating to the Property. b. Seller has the power and has obtained all necessary consents and approvals required for the execution, delivery of, and Seller's performance under this Contract. C. There are no attachments, executions, assignments for the benefit of creditors, or voluntary or involuntary proceedings in bankruptcy or under other debtor relief laws knowingly contemplated by, pending, or threatened against Seller. 12. Seller's Covenants. Seller shall, at Seller's sole cost and expense: a. Promptly advise Buyer in writing of any litigation or hearing or notice received or any material changes of facts relating to the Property that cause any of Seller's representations or warranties to be inaccurate in any respect. b. Not take any action or omit to take any action that could have the effect of violating any representations, warranties, or agreements of Seller in this Contract. n C. Deliver to Buy 1044'ays after the Effective D& copies of all tax statements f. l e Property, including those for 1997, 1998, and 1999 relating to y ad valorem taxes and special assessments, correspondence with Governmental Authorities (including any condemnation notices, proceedings or awards), soils reports, environmental studies, endangered species reports and studies, surveys, abstracts of title, title policies, plats, site plans, elevations, topographical maps, engineering studies, traffic studies, and other studies and reports . Seller's possession concerning the Property. ej d. From the Effective Date until the Closing, maintain the Property In good U condition and repair. The terms "Governmental Authority" and "Governmental Authorities" mean the United States of America, the State of Florida, Miami-Dade County, the City of South Miami and any other political subdivision in which the Property is located or which exercises jurisdiction over the Property or the construction of multifamily residential improvements on the Property, and any agency, department, commission, board, bureau, property owners association, utility district, flood control district, improvement district, or similar district, or other instrumentality of any of them. CONTRACT OF SALE—Elias 4114100 Page 6 LMC F:\USERS\JIM\South Miami\Elias Final Contract.doc (7 , 13. Conditions Precedent to Buyer's Obligations. If any of the following Conditions Precedent have not occurred by the 270th day after the expiration of the Inspection Period (the Conditions Precedent Deadline), then, except as hereafter set forth, this Contract shall terminate and be of no further force or effect, Closing Agent shall promptly return the Earnest Money Deposit to Buyer and the parties shall have no further obligations or liabilities under this Contract: a. Buyer has obtained all appropriate governmental approvals and commitments including, without limitation, a PUD-R Zoning Overlay, platting and site plan approvals in form and content wholly acceptable to Buyer necessary for the permitting, developing and operation of the proposed improvements on the Property, including, without limitation, Site Plan Approval from the City of South Miami and Tentative Plat Approval from Miami-Dade County allowing for the proposed development of multifamily housing at a floor area ratio of 1.6. Buyer may, at Buyer's sole option, waive all or any of the foregoing Conditions Precedent. With respect to the matters set forth in (a) above, if all such approvals have not been obtained by the Condition Precedent Deadline, Buyer may extend the Condition Precedent Deadline for three additional 30-day periods (the Extension Period) by notifying Seller, Escrow Agent and Title Company in writing of Buyer's election to extend and depositing with the Escrow Agent the sum of $15,000 (the Extension Fee) for each 30-day period, and if they have not been obtained by the iJ expiration of the Extension Period, Buyer may waive such approvals in writing and continue with the Contract. In the event Buyer does not waive the unfulfilled Conditions Prec dent in wri ' ll Y this Contract terminals as. et forth above and Escrow Agent shall promptly 4i�t e Earnest v. Money Deposit to B�ay et in the event Buyer's submission of its "variance free site plan" is rejected by City o South Miami, Seller will be entitled to retain the Extension Fee, if any. a 14. CommiasioMs. a. Each party warrant 1 to the other party that it has not dealt with any real estate broker or salesman in the negotiation of this Contract except James Harris of J.W. Harris and Company (the Broker) but no commission shall be earned, due or payable unless this transaction closes. b. If the Closing occurs, Buyer shall pay to the Broker at the Closing a commission equal to the amount set forth in the separate agreement between them. C. Each party shall indemnify, defend and hold harmless the other party from any other real estate commissions due by virtue of the execution or Closing of this Contract, the obligation or asserted claim for which arises from actions taken or claimed to be taken by the indemnifying party. 15. Assignment. Buyer may not assign this Contract without Seller's consent, such consent not to be unreasonably withheld or delayed, except to an affiliate of Buyer or to an entity in which Buyer or an affiliate of Buyer is the general partner and Buyer and/or Buyer's affiliates own at least 50% of the entity. Upon any permitted assignment, the assignee shall assume, and Buyer shall be released from, Buyer's obligations under this Contract. The term affiliate has the same meaning as defined in the rules and .regulations promulgated by the Securities and Exchange Commission under the Securities Act of 1933, as amended. CONTRACT OF SALE—Elias 4/14100 Page 7 LMC F:\USERS\JIM\South MiamilElias Final Contract.doc � lJ / 16. Notices. All notices, requests, approvals, and other communications required or permitted to be delivered under this Contract must be in writing, properly addressed, and are effective (a) on the business day sent if sent by telecopier prior to 5:00 p.m., Dallas, Texas time, and the sending telecopier generates a written confirmation of sending, (b) 1 day after delivery to a nationally recognized, overnight courier service, (c) if orderly delivery of the mail is not then disrupted or threatened in which event some method of delivery other than the mail must be used, 3 days after being deposited in the United States mail, certified, return receipt requested, postage prepaid, or (d) upon receipt if delivered personally or by any method other than as provided above. All such communications must be addressed to Seller or Buyer, as the case may be, at the following addresses, or to any other address either party may designate by notice to the other party: Seller: George Elias, Jr., Esq. 777 Brickell Avenue, Suite 1111 Miami, Florida 33131 Telephone: (305) 356-9750 Telecopy: (305) 358-9752 With copy to: Richard A. Elias and Gwynn M. Elias 7150 SW 62nd Avenue South Miami, Florida 33143 Telephone: (305) 661-1815 Telecopy: (305) 661-5791 Buyer: JPI Apartment Development, L.P. 600 East Las Colinas Boulevard Suite 1800 Irving, Texas 75039 Attention: John Dinan Telephone: (972) 556-6926 Telecopy: (972) 556-6952 E-Mail: idinan(a)_ipi.com With copies to: JPI Apartment Development, L.P. 600 East Las Colinas Blvd. Cigna Tower, Suite 1800 Irving, Texas 75039 Attention: John B. Cutrer Telephone: (972) 556-3782 Telecopy: (972) 556-6952 E-Mail: icutrer(a-ipi.com Munsch Hardt Kopf& Harr, P.C. 4000 Fountain Place 1445 Ross Avenue Dallas, Texas 75202-2790 Attention: Lynn Collins Telephone: (214) 855-7516 Telecopy: (214) 978-4391 CONTRACT OF SALE—Elias 4/14100 Page 8 LMC F:\USERS\JIM\South MiamilElias Final Contract.doc �Z� E-Mail: Icollins(_Dmunsch.com Ticor Land Title Company. COOS Sl ,4cT/X/��t�Z /da Miami, Florida 33 Attention: C N !d Phone: (kS) --7 o Telecopy: 3u5 2(,/•Zl�O E-Mail: 17. Performance. Time is of the. essence in the performance of the terms of this Contract. 18. Time Extensions. If Seller does not provide the documents listed in Paragraph 12(c) to Buyer within the time frame set forth in Paragraph 12, the time period for Seller to provide those items is extended until Seller provides each of the items to Buyer and the expiration date of the Inspection Period, the Conditions Precedent Deadline and the Closing Date are automatically extended for like periods of time. 19. Binding Effect. This Contract is binding upon and inures to the benefit of the successors and assigns of the parties. 20. Entire Agreement. This Contract embodies the complete agreement between the parties and may not be varied or terminated except by written agreement of the parties. The Title Company and Closing Agent are not parties to this Contract and their consent is not required for any amendment, variation or termination of this Contract. 21. Attorneys' Fees. In the event of litigation concerning the interpretation or enforcement of this Contract, the prevailing party is entitled to recover from the losing party its attorneys' fees, court costs, and expenses, whether at the trial or appellate level. 22. Survival. Any of the provisions of this Contract pertaining to a period 'of time following Closing survive Closing and the delivery of the deed to Buyer and are not merged therein. All indemnities under this Contract survive any termination and the Closing of this Contract. r 23. Holidays, Etc. Whenever any time limit or date provided herein falls on a Saturday, Sunday, or legal holiday under the laws of the State of Texas or Florida, then that date is extended to the next day that is not a Saturday, Sunday, or legal holiday. The term business day as used in this Contract means any day that is not a Saturday, Sunday, or legal holiday under the laws of the State of Texas or Florida. 24. Governing Law. The laws of the State of Florida govern this Contract. 25. Risk of Loss; Condemnation. Seller bears the risk of loss or damage to the Property prior to Closing, unless the damage is caused solely by the acts of Buyer, its agents, contractors, or employees. If prior to Closing (a) any portion of the Property is damaged due to causes other than the sole negligence of Buyer, its agents, contractors, or employees, or (b) eminent domain proceedings are filed against any portion of the Property or any portion of the Property is condemned, Buyer may terminate this Contract by giving notice of termination to Seller within 15 days after Buyer receives notice of the damage or condemnation. If Buyer terminates CONTRACT OF SALE—Elias 4/14/00 Page 9 LMC F:\USERS\JIM\South Miami\Elias Final Contract.doc this Contract under this Paragraph, Closing Agent shall promptly return-the Earnest Money Deposit and Extension Fees to Buyer and the parties thereafter have no further rights, liabilities, or obligations under this Contract. If Buyer is entitled to terminate this Contract under this Paragraph and elects not to do so, Seller shall assign to Buyer at Closing Seller's interest in any insurance proceeds or condemnation proceeds relating to the damage or condemnation. 26. Headings. Paragraph headings or captions are used in this Contract for convenience only and do not limit or otherwise affect the meaning of any provision hereof. 27. Effective Date. The Effective Date of this Contract is the last date on which the Buyer or Seller executes this Contract. 28. Seller's Cooperation. Seller, at no cost or expense to Seller, shall sign and join with Buyer in,filing any necessary application, and shall cooperate with Buyer in obtaining all governmental approvals and commitments necessary for the permitting, developing and operation of the proposed improvements on the Property. 29. Offer to Purchase. Upon execution by Buyer, this Contract is an offer to purchase the Property that terminates at 5:00 P.M., Dallas, Texas time, on the 5th business day after the date of Buyer's execution of this Contract unless prior to such time, Seller delivers to Buyer three (3) counterparts of this Contract executed by Seller. When Buyer receives the executed counterparts of the Contract, Buyer shall forward the original executed counterparts of the Contract and the Earnest Money Deposit to Closing Agent, with a copy of the executed Contract to the Title Company, and obtain Closing Agent execution of this Contract acknowledging receipt of the Earnest Money Deposit. Buyer shall then return one (1) fully executed copy of this Contract to Seller. CONTRACT OF SALE—Elias 4114100 Page 10 LMC F:\USERS\JIM\South MiamilElias Final Contract.doc � ' C a EXECUTED by Buyer on 2-8 /&f 2000. BUYER: JPI APARTMENT DEVELOPMENT, L. P., a Delaware limited partnership By: Lifestyle Apartment Development Service LLC, a Delaware limited liability �Om ny, ge ral partner 7�\ \1 B Name: ohn N Dinan Title: EXECUTED by Seller on , 2000. SELLER: George 91ars, Jr. . Rlc rd as1 M. Elias CONTRACT OF SALE—Elias 4114100 Page 11 LMC F:\USERS\JIM\South MiamikElias Final Contract.doc The undersigned acknowledges receipt of the Earnest Money Deposit and shall hold and disburse the Earnest Money Deposit in accordance with the terms of this Contract. CLOSING AGENT: TICOR LAND TITLE COMPANY By: Name: Title: , 2000 CONTRACT OF SALE—Elias 4/14100 Page 12 LMC F:\USERS\JIM\South MiamilElias Final Contract doc EXHIBIT A -THE LAND Lots 3, 4, 5, 6, 7, 21, 22, 23, 24 and 25 of Block 15 of the Larkins Townsite Subdivision, City of South Miami, Miami-Dade County, Florida. EXHIBIT B—SURVEYOR'S CERTIFICATE Page 1 •. • ease •••t • •e• • • • • • •• ••�• 2 • • • • • •• 0000 0 0 • 000• •0t.0• •0••a 9004, 0 0 *oaf • • ••.•o• 0000 • • • s •..! 0000• • . • • • • •a•• 0000 • • CONTRACT OF SALE BETWEEN WILLIAM AND RITA LEVIN, as Seller AND JPI APARTMENT DEVELOPMENT, L.P., as Buyer FAUSERS\tony\South Miami Block 15\Contracts\LEVIN MAY 17;2000.doc CEG 5/17/00 TABLE OF CONTENTS 1. Purchase Price.........................................................................................................................1 2. Earnest Money Deposit...........................................................................................................1 3. Independent Contract Consideration......................................................................................1 4. Title Insurance .........................................................................................................................2 5. Survey ......................................................................................................................................3 6. Inspection Period.....................................................................................................................3 7. Closing....................................................................................................................................4 8. Prorations and Closing Costs.................................................................................................5 9. Buyer's Remedies....................................................................................................................5 10. Seller's Remedy..................................................:..................................................................5 11. Seller's Representations and Warranties.............................................................................6 12. Seller's Covenants................................................................:................................................6 13. Conditions Precedent to Buyer's Obligations .....................................................................7 14. Commissions.........................................................................................................................7 15. Assignment.......................................................................................................:....................7 16. Notices....................................................................................................................................8 17. Performance...........................................................................................................................9 18. Time Extensions.................................................................... Error! Bookmark not defined. 19. Binding Effect........................................................................................................................9 20. Entire Agreement...................................................................................................................9 21. Attorneys' Fees 22. Survival...................................................................................................................................9 23. Holidays, Etc..........................................................................................................................9 24. Governing Law.......................................................................................................................9 TABLE OF CONTENTS—William and Rita Levin 5117/00 Page i CEG F:\USERS\tony\SOUth Miami BLock 151ContractslLEVIN MAY 17,2000.doc 25. Risk of Loss ....................... .................................................................................................10 26. Headings .............................................................................. ...............................................10 27. Effective Date.......................................................................................................................10 28. Seller's Cooperation............................................................................................................10 29. Offer to Purchase.................................................................................................................10 EXHIBIT A- THE LAND EXHIBIT B - NON-FOREIGN AFFIDAVIT TABLE OF CONTENTS—William and Rita Levin 5/17100 Page ii CEG F:\USERS\tony\South Miami BLock 151Contracts\LEVIN MAY 17,2000.doc CONTRACT OF SALE This Contract of Sale (this Contract) is between WILLIAM AND RITA LEVIN, two individuals (collectively, Seller) and JPI APARTMENT DEVELOPMENT, L.P., a Delaware limited partnership (Buyer). BACKGROUND A. Seller is the owner of a tract of land in Section 25, Township 54S, Range 40E containing approximately 6,900 square feet (the Land) located in the City of South Miami, Miami- Dade County, Florida, more particularly described on Exhibit A attached hereto and made a part hereof. B. Buyer wants to purchase the Land and all related rights and appurtenances, including, without limitation, Seller's intefest-in adjacent streets,-alleys, rights-of-way, strips, gores, and access easements, sewer, water, or other utility capacity, and any improvements located on the Land (the Land and related rights,appurtenances, and:improvements are collectively referred to as the Property). AGREEMENT Seller shall sell the Property to Buyer and Buyer shall purchase the Property from Seller upon the following terms: 1. Pu hase Price. The purchase price of the Property (the Purchase Price) is cash at Closing (as defined in.Paragraph 7). 2. Earnest Money Deposit. a. Within 3 business days after Buyer receives 3 copies of this Contract executed by Seller, Buyer shall deposit with Ticor Title (Miami) (Closing Agent), 6303 Blue Lagoon Drive, Suite 100, Miami, Florida 33126, Attention: Cindy Monturo, Plant Manager, Phone: (305) 265-7010, Fax: (305) 261-2110, an earnest money deposit in the amount of$8,625. b. Closing Agent shall apply the Earnest Money Deposit and the Extension Fee (and all interest earned thereon) to the Purchase Price at Closing, or, if this Contract does not close, Closing Agent shall disburse the Earnest Money Deposit and Extension Fee as provided elsewhere in this Contract. C. Closing Agent shall, promptly upon receipt, place the Earnest Money Deposit and the Extension Fee in an interest bearing account in investments designated from time to time by Buyer. All interest accruing on the Earnest Money Deposit and the Extension Fee shall become part of the Earnest Money Deposit. If any events mentioned below in this Contract warrant either party to receive the Earnest Money Deposit and/or Extension Fee, that party will also be entitled to the interest earned on the Earnest Money Deposit and Extension Fee. 3. Independent Contract Consideration. Buyer and Seller acknowledge and agree that if after 60 days Buyer timely terminates this Contract, Closing Agent shall deduct from the CONTRACT OF SALE—William and Rita Levin 5/17100 Page 1 CEG F:\USERS\tony\South Miami BLock 151ContractslLEVIN MAY 17,2000.doc Earnest Money Deposit and pay to Seller as independent and nonrefundable contract consideration the sum of ONE THOUSAND DOLLARS ($1000) for the option granted in connection with the Inspection.Period (as defined in Paragraph 6). 4. Title Insurance. a. Buyer, at its expense, shall cause Ticor Land Title Company (the Title Company), through the Closing Agent, its servicing agent) to furnish to Buyer as soon.as practicable after Closing (as defined in Section 7), an ALTA Standard Form of Owner Policy of Title Insurance for the Property dated as of the Closing Date in the amount of the Purchase Price, insuring good and marketable fee simple title to the Property and to issue endorsements deleting all general exceptions and deleting the exclusion from coverage, if any, relating to creditor's rights, and providing an access endorsement, a zoning endorsement (including parking), a contiguity endorsement, a survey accuracy endorsement, an environmental lien endorsement, a restrictive covenant endorsement and such other endorsements as Buyer may require to the extent such endorsements or similar endorsements are available 'in Florida for the purchase of similar property (collectively, the Owner Policy) issued by the Title Company. Upon issuance at Closing, the Owner Policy shall except only to Permitted Exceptions (as defined in Subparagraph 41). b. As soon as practicable after the Effective Date, Buyer, at its expense, shall order a title insurance commitment covering the Property issued by Closing Agent through the Title Company (the Commitment), together with legible and complete copies of all documents referenced as title exceptions in the Commitment. C. Buyer has 15 days after its receipt of the last of the Commitment, the copies of each title exception, and the Survey (as defined in Paragraph 5) to object to any exception, condition or matter unacceptable to Buyer in the Commitment, the exceptions or on the Survey by giving notice to Seller. If Buyer does not give notice of any such objections to Seller within the 15-day period, Buyer is deemed to approve the title to the Property as shown in the Commitment as well as matters shown on the Survey. d. Seller has 30 days after receipt of Buyer's notice to cure Buyer's objections. e. If Buyer gives notice of any objections within the 15-day period and all of Buyer's objections are not cured within Seller's 30-day cure period, Buyer may, on or before the 15th day after the last day of Seller's 30-day cure period, as Buyer's sole and exclusive remedy, waiving all other remedies, either: i. terminate this Contract by notice to Seller; then Closing Agent shall promptly return the Earnest Money Deposit to Buyer and the parties thereafter have no further rights, liabilities, or obligations under this Contract; or CONTRACT OF SALE—William and Rita Levin 5/17/00 Page 2 CEG F:\USERS\tony\South Miami Block 15\Contracts\LEVIN MAY 17,2000.doc ii. waive its objections to the Commitment, the exceptions and the Survey and accept Seller's title-as shown in the Commitment and on the Survey. If Buyer fails to notify Seller of its elected remedy, Buyer shall be deemed to have elected to continue this Contract. f. The exceptions to title listed in the Commitment that are either accepted or waived by Buyer are the Permitted Exceptions, however, no requirements of Seller shall be accepted.as Permitted Exceptions without Buyer's specific written approval. g. Seller shall not further encumber the title to the Property after the Effective Date without the prior written consent of Buyer, in Buyer's sole discretion. h. If any additionaT Title`encumbrances are discovered after the Title Company's issuance of the Commitment, Buyer. has the same rights concerning objections to the additional title encumbrances as are provided above in this Paragraph. 5. Survey. As soon as practicable after the Effective Date, Buyer, at its expense, shall order a current ALTA survey of the Property (the Survey) certified to Buyer, Closing Agent, the Title Company, and Buyer's lender by a surveyor licensed in the State of Florida and selected by Buyer. 6. Inspection Period. a. Commencing on the Effective Date and continuing through the date of Closing, Buyer may, but is not obligated to, inspect the Property and review and analyze all materials, surveys, maps, reports, and other matters and information provided pursuant to this Contract, together with any other materials, surveys, maps, reports, studies, and other matters it may choose, in its sole and absolute discretion. b. Buyer may,-for any reason whatsoever, or for no reason at all, in Buyer's sole discretion, terminate this Contract by notifying Seller of Buyer's election to terminate under this Paragraph no later than 5:00 p.m., Dallas, Texas time, on or before the 60th day after the Effective Date (the Inspection Period). C. If Buyer timely terminates this Contract, Closing Agent shall promptly return the Earnest Money Deposit to Buyer and the parties thereafter have no further rights, liabilities, or obligations under this Contract, except as provided in Paragraph 3. d. Seller grants to Buyer, its agents, contractors and employees, a license, terminable only upon the termination of this Contract, to enter upon the Property to make all studies and inspections deemed necessary or desirable by Buyer. Buyer's performance of all studies and tests is at its sole risk and expense. CONTRACT OF SALE—William and Rita Levin 5/17/00 Page 3 CEG F:\USERS\tony\South Miami Block 151ContractslLEVIN MAY 17,2000.doc e. If the Property is damaged by Buyer or Buyer's agents or contractors during Buyer's inspections, Buyer shall: i. repair and restore the damaged portion of the Property to substantially the same condition as existed prior to conducting the studies and tests; and ii. hold Seller harmless from any actual damages (Seller waives any right to collect consequential or punitive damages) arising solely and directly from the actions of Buyer, its agents, contractors, or employees, in conducting the studies or tests. f. Buyer has no liability to Seller for any reduction in value to the Property that results from the discovery of matters or circumstances through Buyer's studies and tests. ` 7. Closing. _ a. The "Closing" of this Contract will occur in the Closing Agent's offices at 10:30 a.m., eastern standard time, on or before the 30th day after the Conditions Precedent Deadline (as defined in Paragraph 13) (the Closing Date). b. At the Closing: i. Buyer must pay to Seller the Purchase Price, less credits shown in the closing statement and if Buyer so elects, Buyer may purchase, at its expense, the Owner Policy, and ii. Seller must deliver to Buyer: 1. a special warranty deed in form acceptable to Buyer conveying good and marketable fee simple title to the Property to Buyer and containing no exceptions or conditions except the Permitted Exceptions (excluding the standard printed exceptions in the Owner Policy); 2. a Non-Foreign Affidavit in substantially the form attached to this Contract as Exhibit B; 3. a certificate that Seller's representations and warranties continue to be true and correct as of the Closing Date; 4. any other documents deemed reasonably and in good faith necessary by Closing Agent or Buyer's counsel; and 5. exclusive possession of the Property. CONTRACT OF SALE—William and Rita Levin 5117/00 Page 4 CEG F:\USERS\tony\South Miami Block 151ContractslLEVIN MAY 17,2000.doc 8. Prorations and Closing Costs. a. Ad valorem taxes against the Property will be prorated at Closing as of the Closing Date based on the tax bills for the year of Closing. Seller shall pay to Buyer at Closing the portion of the taxes on the Property from the beginning of the current year through the Closing Date. If Closing occurs before the current year's tax bills are available, the proration will be based on the latest tax rate applied to the latest assessed valuation; then, after the taxes for the current year are finally assessed, Buyer shall refund to Seller any amount overpaid by Seller or Seller shall pay to Buyer the amount of any deficiency in the proration. b. The term "ad valorem taxes" as used in this Paragraph includes general assessments `- including, without limitation, regular annual assessments payable to any property_owners association- but does not include rollback or deferred taxes that are payable because of change in ownership or land use or any special assessments or assessments for street widening,-repair, or improvement, or from the property owners association, which Seller shall pay at Closing (even if such amounts are not then due). C. Buyer shall pay recording fees due for the transfer of title of the Property. d. All closing costs other than as specified above, or as may be specifically allocated elsewhere in this Contract, will be allocated to Seller and Buyer in the customary manner for the sale and purchase of unimproved real property in Miami-Dade County, Florida, as of the Closing Date; provided, each party shall pay its own attorneys' fees except in the event of litigation. e. The provisions of Paragraph 8 survive Closing. 9. Buyer's Remedies. If Seller does not perform its obligations under this Contract, or is otherwise in breach of this Contract, Buyer may, at its option, either: a. enforce specific performance; or b. seek an injunction against Seller to prevent Seller's breach or default under this Contract; or -C. terminate this Contract. If Buyer terminates this Contract due to Seller's default, Closing Agent shall promptly return the Earnest Money Deposit and the Extension Fee to Buyer, Seller shall reimburse Buyer upon demand for all reasonable out-of-pocket expenses incurred by Buyer in connection with this transaction, and the parties thereafter have no further rights, liabilities, or obligations under this Contract. 10. Seller's Remedy. If Buyer does not perform its obligations under this Contract for any reason except the termination of this Contract pursuant to an applicable provision of this Contract, Seller's exclusive remedy, waiving all other remedies, is to terminate this Contract and Closing Agent shall promptly pay the Earnest Money Deposit and the Extension Fee to Seller as liquidated damages and the parties thereafter have no further rights, liabilities, or obligations under CONTRACT OF SALE—William and Rita Levin 5/17/00 Page 5 CEG F:\USERS\tony\South Miami BLock 151Contracts\LEVIN MAY 17,2000.doc this Contract. Seller's damages are difficult to ascertain and the amount of the Earnest Money Deposit and Extension Fees is a fair approximation of Seller's damages. 11. Seller's Representations and Warranties. Seller represents and warrants to Buyer as follows (which representations and warranties are also deemed made by Seller to Buyer at Closing and survive Closing): a. There is no pending or, to Seller's knowledge, threatened litigation or administrative proceeding affecting Seller relating to the Property. b. Seller has the power and has obtained all necessary consents and approvals required for the execution, delivery of, and Seller's performance under this Contract. C. There are no attachments, executions, assignments for the benefit of ` creditors, or voluntary or involuntary proceedings in bankruptcy or under other debtor relief laws knowingly contemplated by, pending, or threatened against Seller. 12. Seller's Covenants. Seller shall, at Seller's sole cost and expense: a. Promptly advise Buyer in writing of any litigation or hearing or notice received or any material changes of facts relating to the Property that cause any of Seller's representations or warranties to be inaccurate in any respect. b_. Not take any action or omit to take any action that_could have the effect of violating any representations, warranties, or agreements of Seller in this Contract. C. Deliver to Buyer within 10 business days after the Effective Date copies of all tax statements for the Property, including those for 1997, 1998, and 1999 relating to ad valorem taxes and special assessments, correspondence with Governmental Authorities (including any condemnation notices, proceedings or awards), soils reports, environmental studies, endangered species reports and studies, surveys, abstracts of title, title policies, plats, site plans, elevations, topographical maps, engineering studies, traffic studies, and other studies and reports in Seller's possession, if any, concerning the Property. d. From the Effective Date until the Closing, maintain the Property in good condition and repair. The terms "Governmental Authority" and "Governmental Authorities" mean the United States of America, the State of Florida, Miami-Dade County, the City of South Miami and any other political subdivision in which the Property is located or which exercises jurisdiction over the Property or the construction of multifamily residential improvements on the Property, and any agency, department, commission, board, bureau, property owners association, utility district, flood control district, improvement district, or similar district, or other instrumentality of any of them. CONTRACT OF SALE—William and Rita Levin 5/17/00 Page 6 CEG F:\USERS\tony\South Miami Block 15\Contracts\LEVIN MAY 17,2000.doe 13. Conditions Precedent to Buyer's Obligations. If any of the following Conditions Precedent have not occurred by the 270th day after the expiration of the Inspection Period (the Conditions Precedent Deadline), then, except as hereafter set forth, this Contract shall terminate and be of no further force or effect, Closing Agent shall promptly return the-Earnest Money Deposit to Buyer and the parties shall have no further obligations or liabilities under this Contract: a. Buyer has obtained all appropriate governmental approvals and commitments including, without limitation, a PUD-R Zoning Overlay, platting and site plan approvals in form and content wholly acceptable to Buyer necessary for the permitting, developing and operation of the proposed improvements on the Property, including, without limitation, Site Plan Approval from the City of South Miami and Tentative Plat Approval from Miami-Dade County allowing for the proposed development of multifamily housing at a floor area ratio of 1.6. Buyer may, at Buyer's sole option, waiveaIi or'any of the foregoing Conditions Precedent. With respect to the matters set forth in (a) above, if all such approvals have not been obtained by the .Condition Precedent Deadline, Buyer, may extend the Condition Precedent Deadline for three additional 30-day periods (the Extension Period) by notifying Seller, Escrow Agent and Title Company in writing of Buyer's election to extend and paying directly to Seller the sum of $3,000 (the Extension Fee) for each 30-day period, and if they have not been obtained by the expiration of the Extension Period, Buyer may waive such, approvals in writing and continue with the Contract. In the event Buyer does not waive the unfulfilled Conditions Precedent in writing, this Contract terminates as set forth above and Escrow Agent shall promptly pay the Earnest Money Deposit to Seller, except as provided in Paragraph 3. In addition, in the event Buyer's submission of its "variance free site plan" is rejected by City of South Miami, Seller will-be entitled to retain the Extension Fee, if any. 14. Commissions. a. Each party warrants to the other party that it has not dealt with any real estate broker or salesman in the negotiation of this Contract except James Harris of J.W. Harris and Company (the Broker) but no commission shall be earned, due or payable unless this transaction closes. b. If the Closing occurs, Buyer shall pay to the Broker at the Closing a commission equal to the amount set forth in the separate agreement between them. C. Each party shall indemnify, defend and hold harmless the other party from any other real estate commissions due by virtue of the execution or Closing of this Contract, the obligation or asserted claim for which arises from actions taken or claimed to be taken by the indemnifying party. 15. Assignment. Buyer may not assign this Contract without Seller's consent, such consent not to be unreasonably withheld or delayed, except to an affiliate of Buyer or to an entity in which Buyer or an affiliate of Buyer is the general partner and Buyer and/or Buyer's affiliates own at least 50% of the entity. Upon any permitted assignment, the assignee shall assume, and Buyer shall be released from, Buyer's obligations under this Contract. The term affiliate has the same meaning as defined in the rules and regulations promulgated by the Securities and Exchange Commission under the Securities Act of 1933, as amended. CONTRACT OF SALE—William and Rita Levin 5/17/00 Page 7 CEG F:\USERS\tony\South Miami BLock 15\Contracts\LEVIN MAY 17,2000.doc 16. Notices. All notices, requests, approvals, and other communications required or permitted to be delivered under this Contract must be in writing, properly addressed, and are effective (a) on the business day sent if sent by telecopier prior to 5:00 p.m., Dallas, Texas time, and the sending telecopier generates a written confirmation of sending, (b) 1 day after delivery to a nationally recognized, overnight courier service, (c) if orderly delivery of the mail is not then disrupted or threatened in which event some method of delivery other than the mail must be used, 3 days after being deposited in the United States mail, certified, return receipt requested, postage prepaid, or (d) upon receipt if delivered personally or by any method other than as provided above. All such communications must be addressed to Seller or Buyer, as the case may be, at the following addresses, or to any other address either party may designate by notice to the other party: Seller: William and Rita Levin 5996 Paradise Port Drive Miami, Florida 331.57-2634 - Telephone: (� . Telecopy: (- ) E-Mail: With copy to: Attention: Telephone: ( ) Telecopy: E-Mail: Buyer: JPI Apartment Development, L.P. 600 East Las Colinas Boulevard Suite 1800 Irving, Texas 75039 Attention: John Dinan Telephone: (972) 556-6926 Telecopy: (972) 556-6952 E-Mail: jdinan @jpi.com With copies to: JPI Apartment Development, L.P. 600 East Las Colinas Blvd. Cigna Tower, Suite 1800 Irving, Texas 75039 Attention: John B. Cutrer Telephone: (972) 556-3782 Telecopy: (972) 556-6952 E-Mail: jcutrer @pi.com Munsch Hardt Kopf& Harr, P.C. 4000 Fountain Place 1445 Ross Avenue Dallas, Texas 75202-2790 Attention: Lynn Collins CONTRACT OF SALE—William and Rita Levin 5117100 Page 8 CEG F:\USERS\tony\South Miami Block 151ContractMLEVIN MAY 17,2000.doc 1 Telephone: (214) 855-7516 Telecopy: (214) 978-4391 E-Mail- Icollins @munsch.com Closing Agent Allegiance Title 6303 Blue Lagoon Drive Suite 100 Miami, Florida 33126 Attention: Cindy Monturo, Plant Manager Telephone: (305) 265-7010 Telecopy: (305) 261-2110 Title Company Allegiance Title Company 2100 McKinney Avenue Suite 1200 Dallas, Texas 75201 Attention: Kerri A. Majors Telephone: (214) 954-5400 Telecopy: (214) 954-5500 17. Performance. Time is of the essence in the performance of the terms of this Contract. 18. Binding Effect. This Contract is binding .upon and inures to the benefit of the successors and assigns of the parties. 19. Entire Agreement. This Contract embodies the complete agreement between the parties and may not be varied or terminated except by written agreement of the parties. The Title Company and Closing Agent are not parties to this Contract and their consent is not required for any amendment, variation or termination of this Contract. 20. Attorneys' Fees. . In the event of litigation concerning the interpretation or enforcement of this Contract, the prevailing party is entitled to recover from the losing party its attorneys' fees, court costs, and expenses, whether at the trial or appellate level. 21. Survival. Any of the provisions of this Contract pertaining to a period of time following Closing survive Closing and the delivery of the deed to Buyer and are not merged therein. All indemnities under this Contract survive any termination and the Closing of this Contract. 22. Holidays, Etc. Whenever any time limit or date provided herein falls on a Saturday, Sunday, or legal holiday under the laws of the State of Texas or Florida, then that date is extended to the next day that is not a Saturday, Sunday, or legal holiday. The term business day as used in this Contract means any day that is not a Saturday, Sunday, or legal holiday under the laws of the State of Texas or Florida. 23. Governing Law. The laws of the State of Florida govern this Contract. CONTRACT OF SALE—William and Rita Levin 5/17/00 Page 9 CEG F:\USERS\tony\South Miami Block 151ContractslLEVIN MAY 17,2000.doc 24. Risk of Loss; -Condemnation. Seller bears the risk of loss or damage to the Property prior to Closing, unless the damage is caused solely by the acts of Buyer, its agents, contractors, or employees. If prior to Closing (a) any portion of the Property is damaged due to causes other than the sole negligence of Buyer, its agents, contractors, or employees, or (b) eminent domain proceedings are filed against any portion of the'Property or any portion of the Property is condemned, Buyer may terminate this Contract by giving notice of termination to Seller within 15 days after Buyer receives notice of the damage or condemnation. If Buyer terminates this Contract under this Paragraph, Closing Agent shall promptly return the Earnest Money Deposit and Extension Fees to Buyer and the parties thereafter have no further rights, liabilities, or obligations under this Contract. If Buyer is entitled to terminate this Contract under this Paragraph and elects not to do so, Seller shall assign to Buyer at Closing Seller's interest in any insurance proceeds or condemnation proceeds relating to the damage or condemnation. 25. Headings. Paragraph headings or captions are used in this Contract for convenience only and do not limit or otherwise affect the meaning of any provision hereof. 26. Effective Date. The Effective Date of this Contract is the last date on which the Buyer or Seller executes this Contract. 27. Seller's Cooperation. Seller, at no cost or expense to Seller, shall sign and join with Buyer in filing any necessary application, and shall cooperate with Buyer in obtaining all governmental approvals and commitments necessary for the permitting, developing and operation of the proposed improvements on the Property. 28. Offer to Purchase. Upon execution by Buyer, this Contract is an offer to purchase the Property that terminates at 5;00 P.M., Dallas, Texas time, on the 5th business day after the date of Buyer's execution of this Contract unless prior to such time, Seller delivers to Buyer three (3) counterparts of this Contract executed by Seller. When Buyer receives the executed counterparts of the Contract, Buyer shall forward the original executed counterparts of the Contract and the Earnest Money Deposit to Closing Agent, with a copy of the executed Contract to the Title Company, and obtain Closing Agent execution of this Contract acknowledging receipt of the Earnest Money Deposit. Buyer shall then return one (1) fully executed copy of this Contract to Seller. CONTRACT OF SALE—William and Rita Levin 5117/00 Page 10 CEG F:\USERS\tony\South Miami Block 151Contracts%LEVIN MAY 17,2000.doc EXECUTED by Buyer on �� �``� , 2000. BUYER: JPI APARTMENT DEVELOPMENT, L. P., a Delaware limited partnership By: Lifestyle Apartment Development Service LLC, a Delaware limited liabilitynco ny, eral partner r By: ! Name: Title: -41-Nicefresident r EXECUTED by Seller on S`� Z 0 --12000. SELLER: WILLIAM LEVI RITA LEVIN The undersigned acknowledges receipt of the Earnest Money Deposit and shall hold and disburse the Earnest Money Deposit in accordance with the terms of this Contract. CLOSING AGENT: TICOR LAND TITLE COMPANY By: Name: Title: , 2000 CONTRACT OF SALE—William and Rita Levin 5117100 Page 11 CEG F:\USERS\tony\South Miami BLock 151ContradtslLEVIN MAY 17,2000.doc 7 . } EXHIBIT A -THE LAND Lot 11 of Block 15 of the Larkins Townsite Subdivisiorf, City of South Miami, Miami-Dade County, Florida. EXHIBIT B—SURVEYOR'S CERTIFICATE Page 1 r 0000•• • • • • • • 0000 •• � ••a• 0000 CONTRACT OF SALE • 0000 •e• • • • • •• 0000•• BETWEEN • 0000 00!00• •0000• ••!• • • • • •••f ♦0000 ' • • • • • MICHAEL W. SONTAG, as Seller ! a AND JPI APARTMENT DEVELGPMENT, L.P., as Buyer PA4212\291\KOS SONTAG4.doc LMC 4/14/00 TABLE OF CONTENTS 1. Purchase Price.........................................................................................................................1 .2. Earnest Money Deposit...........................................................................................................1 3. Independent Contract Consideration.....................................................................................2 4. Title Insurance .........................................................................................................................2 5. Survey ......................................................................................................................................3 6. Inspection Period.....................................................................................................................3 7. Closing .....................................................................................................................................4 8. Prorations and Closing Costs.................................................................................................5 9. Buyer's Remedies....................................................................................................................5 10. Seller's Remedy.......................:.............................................................................................5 11. Seller's Representations and Warranties.............................................................................6 12. Seller's Covenants.................................................................................................................6 13. Conditions Precedent to Buyer's Obligations .....................................................................7 14. Commissions....................................................................................................:....::..............7 15. Assignment............................................................................................................................7 16. Notices..................................................................................................................................:.8 17. Performance...........................................................................................................................9 18. Time Extensions .................................. 19. Binding Effect........................................................................................................................9 20. Entire Agreement...................................................................................................................9 21. Attorneys' Fees......................................................................................................................9 22. Survival...................................................................................................................................9 23. Holidays, Etc..........:................:..............................................................................................9 24. Governing Law.......................................................................................................................9 TABLE OF CONTENTS—Michael W.Sontag 4114100 Page i LMc F:\USERS\JIM\South Miami\Sontag Final Contractdoc 25. Risk of Loss ...........................................................................................................................9 26. Headings ..............................................................................................................................10 27. Effective Date.......................................................................................................................10 28. Seller's Cooperation............................................................................................................10 29. Offer to Purchase.................................................................................................................10 EXHIBIT A -THE LAND EXHIBIT B - NON-FOREIGN AFFIDAVIT TABLE OF CONTENTS—Michael W.Sontag 4114/00 Page ii LmC F:\USERS\JIM\South Miami\Sontag Final Contract.doc r CONTRACT OF SALE This Contract of Sale (this Contract) is between MICHAEL W. SONTAG, an individual (Seller) and JPI APARTMENT DEVELOPMENT,L.P., a Delaware limited partnership (Buyer). BACKGROUND A. Seller is the owner of a tract of land in Section 25, Township 54S, Range 40E containing approximately 13,800 square feet (the Land) located in the City of South Miami, Miami- Dade County, Florida, more particularly described on Exhibit A attached hereto and made a part hereof. B. Buyer wants to purchase the Land and all related rights and appurtenances, including, without limitation, Seller's interest in adjacent streets, alleys, rights-of-way, strips, gores, and access easements, sewer, water, or other utility capacity, and any improvements located on the Land (the Land and related rights, appurtenances, and improvements are collectively referred to as the Property). AGREEMENT Seller shall sell the Property to Buyer and Buyer shall purchase the Property from Seller upon the following terms: 1. Purchase Price. The the Property (the Purchase Price) is ayable in cash at Closing (as defined in re oo age of the Property as shown on the Survey (as defined in Paragraph 5). 2. Earnest Money Deposit. a. Within 3 business days after Buyer receives 3 copies of this Contract executed by Seller, Buyer shall deposit with Ticor Land Title Company (Closing Agent), ( 3JS 114e Miami, Florida 4It174Attention:GNc(y ftk ter a , Phone: (�g6-z(-S•7 o to Fax: ('jt5) D61-2-1l0 , an earnest money deposit in the amount of $13,800.00. b. Closing Agent shall apply the Earnest Money Deposit and the Extension Fee (and all interest earned thereon) to the Purchase Price at Closing, or, if this Contract does not close, Closing Agent shall disburse the Earnest Money Deposit and Extension Fee as provided elsewhere in this Contract. C. Closing Agent shall, promptly upon receipt, place the Earnest Money Deposit and the Extension Fee in an interest bearing account in investments designated from time to time by Buyer. All interest accruing on the Earnest Money Deposit and the Extension Fee shall become part of the Earnest Money Deposit. If any events mentioned below in this Contract warrant either party to receive the Earnest Money Deposit and Extension Fee, that party will also be entitled to the interest earned on the Earnest Money Deposit and Extension Fee. CONTRACT OF SALE—Michael W.Sontag 4/14100 Page 1 LMc F:\USERS\JIM\South Miami\Sontag Final contract.aoc 3. Independent Contract Consideration. Buyer and Seller acknowledge and agree that if Buyer timely terminates this Contract, Closing Agent shall deduct from the Earnest Money Deposit and pay to Seller as independent and nonrefundable contract consideration the sum of ONE HUNDRED DOLLARS ($100.00) for the option granted in connection with the Inspection Period (as defined in Paragraph 6). 4. Title Insurance. a. Buyer, at its expense, shall cause TICOR Miami (the Title Company), through the Closing Agent, its servicing agent) to furnish to Buyer as soon as practicable after Closing (as defined in Section 7), an ALTA Standard Form of Owner Policy of Title Insurance for the Property dated as of the Closing Date in the amount of the Purchase Price, insuring good and marketable fee simple title to the Property and to issue endorsements deleting all general exceptions and deleting the exclusion from coverage, if any, relating to creditor's rights, and providing an access endorsement, a zoning endorsement(including parking), a contiguity endorsement, a survey accuracy endorsement, an environmental lien endorsement, a restrictive covenant endorsement and such other endorsements as Buyer may require to the extent such endorsements or similar endorsements are available in for the purchase of similar property (collectively, the Owner Policy) issued by the Title Company. Upon issuance at Closing, the Owner Policy shall except only to Permitted Exceptions (as defined in Subparagraph 41). b. As soon as practicable after the ective Date, Buyer, at its expense, shall ` order a title insurance commitmen covering the Property issued by Closing Agent through the Title Company (the Commitment), together with legible and complete copies of all documents referenced as title exceptions in the Commitment. C. Buyer has 15 days after its receipt of the last of the Commitment, the copies of each title exception, and the Survey (as defined in Paragraph 5) to object to any exception, condition or matter unacceptable to Buyer in the Commitment, the exceptions or on the Survey by giving notice to Seller. If Buyer does not give notice of any such objections to Seller within the 15-day period, Buyer is deemed to approve the title to the Property as shown in the Commitment as well as matters shown on the Survey. d. Seller has 30 days after receipt of Buyer'sdw%ce to cur yer's objections. e. If Buyer gives notice of any objections within the 1 -day period and all of Buyer's objections are not cured within Seller's day cure period, Buyer may, on or before the 15th day after the last clay of Seller's A-day cure period, as Buyer's sole and exclusive remedy, waiving all o er rem s, either: i. terminate this Contract by notice to Seller; then Closing Agen shall promptly return the Earnest Money Deposit to Buyer and the parties thereafter have no further rights, liabilities, or obligations under this Contract: or CONTRACT OF SALE—Michael W Sontaq 4/14/00 Page 2 LMC F:\USERS\JIM\South Miami\Sontag Final Contract.doc ii. waive its objections to the Commitment, the exceptions and the Survey and accept Seller's title as shown in the Commitment and on the Survey. If Buyer fails to notify Seller of its elected remedy, Buyer shall be deemed to have elected to continue this Contract. f. The exceptions to title listed in the Commitment that are either accepted or waived by Buyer are the Permitted Exceptions, however, no requirements of Seller shall be accepted as Permitted Exceptions without Buyer's specific written approval. g. Seller shall not further encumber the title to the Property after the Effective Date without the prior written consent of Buyer, in Buyer's sole discretion. h. If any additional title encumbrances are discovered after the Title Company's issuance of the Commitment, Buyer has the same rights concerning objections to the additional title encumbrances as are provided above in this Paragraph. 5. Survey. As soon as practicable after the Effective Date, Buyer, at its expense, shall order a current ALTA survey of the Property (the Survey) certified to Buyer, Closing Agent, the Title Company, and Buyer's lender by a surveyor licensed in the State of Florida and selected by Buyer. 6. Inspection Period. a. Commencing on the Effective Date and continuing through the date of Closing, Buyer may, but is not obligated to, inspect the Property and review and analyze all materials, surveys, maps, reports, and other matters and information provided pursuant to this Contract, together with any other materials, surveys. maps, reports, studies, and other matters it may choose, in its sole and absolute discretion. b. Buyer may, for any reason whatsoever, or for no reason at all, in Buyer's sole discretion,.terminate this Contract by notifying Seller of Buyer's election to terminate under this Paragraph no later than 5:00 p.m., Dallas, Texas time, on or before the 601h day after the Effective Date (the Inspection Period). C. If Buyer timely terminates this Contract, Closing Agent shall promptly return the Earnest Money Deposit to Buyer and the parties thereafter have no further rights, liabilities, or obligations under this Contract. d. Seller grants to Buyer, its agents, contractors and employees, a license, terminable only upon the termination of this Contract, to enter upon the Property to make all studies and inspections deemed necessary or desirable by Buyer. Buyer's performance of all studies and tests is at its sole risk and expense. CONTRACT OF SALE—Michael W.Sontag 4114/00 Page 3 LMC F:\USERS\JIM\South Miami\Sontag Final contract.doc e. If the Property is damaged by Buyer or Buyer's agents or contractors during Buyer's inspections, Buyer shall: i. repair and restore the damaged portion of the Property to substantially the same condition as existed prior to conducting the studies and tests; and ii. hold Seller harmless from any actual damages (Seller waives any right to collect consequential or punitive damages) arising solely and directly from the actions of Buyer, its agents, contractors, or employees, in conducting the studies or tests. f. Buyer has no liability to Seller for any reduction in value to the Property that results from the discovery of matters or circumstances through Buyer's studies and tests. 7. Closing. a. The "Closing" of this Contract will occur in the Closing Agent's offices at 10:30 a.m., eastern standard time, on or before the 30th. day after the Conditions Precedent Deadline (as defined in Paragraph 13) (the Closing Date). b. At the Closing: i. Buyer must pay to Seller the Purchase Price, less credits shown in the closing statement and if Buyer so elects, Buyer may purchase, at its expense, the Owner Policy; and ii. Seller must deliver to Buyer: 1. a special warranty deed in form acceptable to Buyer conveying good and marketable fee simple title to the Property to Buyer and containing no exceptions or conditions except the Permitted Exceptions (excluding the standard printed exceptions in the Owner Policy); 2. a Non-Foreign Affidavit in substantially the form attached to this Contract as Exhibit B; 3. a certificate that Seller's representations and warranties continue to be true and correct as of the Closing Date; 4., any other documents deemed necessary by Closing Agent or Buyer's counsel; and 5. exclusive possession of the Property. CONTRACT OF SALE—Michael W.Sontag 4/14/00 Page 4 LMc F:\USERS\JIM\South Miami\Sontag Final Contract.doc 1 8. Prorations and Closing Costs. a. Ad valorem taxes against the Property will be prorated at Closing as of the Closing Date based on the tax bills for the year of Closing. Seller shall pay to Buyer at Closing the portion of the taxes on the Property from the beginning of the current year through the Closing Date. If Closing occurs before the current year's tax bills are available, the proration will be based on the latest tax rate applied to the latest assessed valuation- then, after the taxes for the current year are finally assessed, Buyer shall refund to Seller any amount overpaid by Seller or Seller shall pay to Buyer the amount of any deficiency in the proration. b. The term "ad valorem taxes" as used in this Paragraph includes general assessments - including, without limitation, regular annual assessments payable to any property owners association - but does not include rollback or deferred taxes that are payable because of change in ownership or land j use or any special assessments or assessments for street widening, repair, or improvement, or from the property owners association, which Seller shall pay at Closing (even if such amounts are not then due). C. Buyer shall pay recording fees due for the transfer of title of the Property. d. All closing costs other than as specified above, or as may be specifically allocated elsewhere in this Contract, will be allocated to Seller and Buyer in the customary manner for the sale and purchase of unimproved real property in Miami-Dade County, Florida, as of the Closing Date; provided, each party shall pay its own attorneys' fees except in the event of litigation. e. The provisions of Paragraph 8 survive Closing. 9. Buyer's Remedies. If Seller does not perform its obligations under this Contract, or is otherwise in breach of this Contract, Buyer may, at its option, either: a. enforce specific performance; or b. seek an injunction against Seller to prevent Seller's breach or default under this Contract; or C. terminate this Contract. If Buyer terminates this Contract due to Seller's default, Closing Agent sball promptly-return-the,(V�/ Earnest Money Deposit, and the Extension Fee to Buyer- n 1 .&aRr,se4aR,_and the parties thereafter have no further rights, liabilities, or ob-ligatiens-under-this Contract._ 10. Seller's Remedy. If Buyer does not perform its obligations under this Contract for any reason except the termination of this Contract pursuant to an applicable provision of this Contract, Seller's exclusive remedy, waiving all other remedies, is to terminate this Contract and Closing Agent shall promptly pay the Earnest Money Deposit and the Extension Fee to Seller as liquidated damages and the parties thereafter have no further rights, liabilities, or obligations under CONTRACT OF SALE—Michael W Sontag 4/14/00 Page 5 LMC F:\USERS\JIM\South Miami\Sontag Final contract.doc I , this Contract. Seller's damages are difficult to ascertain and the amount of the Earnest Money Deposit and Extension Fees is a fair approximation of Seller's damages. 11. Seller's Representations and Warranties. Seller represents and warrants to Buyer as follows (which representations and warranties are also deemed made by Seller to Buyer at Closing and survive Closing): j a. There is no pending or, to Seller's knowledge, threatened .litigation or j administrative proceeding affecting Seller relating to the Property. i b. Seller has the power and has obtained all necessary consents and r approvals required for the execution, delivery of, and Seller's performance under this Contract. C. There are no attachments, executions, assignments for the benefit of creditors , or voluntary or involuntary proceedings in bankruptcy or under other debtor relief laws knowingly contemplated by, pending, or threatened against Seller. 12. Seller's Covenants. Seller shall, at Seller's sole cost and expense: a. Promptly advise Buyer in writing of any litigation or hearing or notice received or any material changes of facts relating to the Property that cause any of Seller's representations or warranties to be inaccurate in any respect. b. Not take any action or omit to take any action that could have the effect of violating any representations, warranties, or agreements of Seller in this Contract. C. Deliver to Buyer within 10 days after the Effective Date copies of all tax statements for the Property, including those for 1997, 1998, and 1999 relating to personal and ad valorem taxes and special assessments, correspondence with Governmental Authorities (including any condemnation notices, proceedings or awards), soils reports, environmental studies, endangered species reports and studies, surveys, abstracts of title, title policies, plats, site plans, elevations, topographical maps, engineering studies, traffic studies, and other studies and reports in Seller's possession concerning the Property. d. From the Effective Date until the Closing, maintain the Property in good condition and repair. The terms "Governmental Authority" and "Governmental Authorities" mean the United States of America, the State of Florida, Miami-Dade County, the City of South Miami and any other political subdivision in which the Property is located or which exercises jurisdiction over the Property or the construction of multifamily residential improvements on the Property, and any agency, department, commission, board, bureau, property owners association, utility district, flood control district, improvement district, or similar district, or other instrumentality of any of them. CONTRACT OF SALE—Michael W Sontag 4/14100 LMC F:IUSERSIJIM1South Miami\Sontag Final contract.doc Page s 13. Conditions Precedent to Buyer's Obligations. If any of the following Conditions Precedent have not occurred by the 2701h day after the expiration of the Inspection Period (the Conditions Precedent Deadline), then, except as hereafter set forth, this Contract shall terminate and be of no further force or effect, Closing Agent shall promptly return the Earnest Money Deposit to Buyer and the parties shall have no further obligations or liabilities under this Contract: a. Buyer has obtained all appropriate governmental approvals and commitments including, without limitation, a PUD-R Zoning Overlay, platting and site plan approvals in form and content wholly acceptable to Buyer necessary for the permitting, developing and operation of the proposed improvements on the Property, including, without limitation, Site Plan Approval from the City of South Miami and Tentative Plat Approval from Miami-Dade County allowing for the proposed development of multifamily housing at a floor area ratio of 1.6. Buyer may, at Buyer's sole option, waive all or any of the foregoing Conditions Precedent. With respect to the matters set forth in (a) above.,-if all such approvals have not been obtained by the Condition Precedent Deadline, Buyer may extend the Condition Precedent Deadline for three additional 30-day periods (the Extension Period) by notifying Seller, Escrow Agent and Title Company in writing of Buyer's election to extend and depositing with the Escrow Agent the sum of $5,000 (the Extension Fee) for each 30-day period, and if they have not been obtained by the expiration of the Extension Period, Buyer may waive such approvals in writing and continue with the Contract. In the event Buyer does not waive the unfulfilled Conditions Precedent in writing, this Contract terminates as set forth above and Escrow Agent shall promptly return the Earnest Money Deposit to Buyer. In addition, in the event Buyer's submission of its "variance free site plan" is rejected by City of South Miami, Seller will be entitled to retain the Extension Fee, if any. 14. Commissions. a. Each party warrants to the other party that it has not dealt with any real estate broker or salesman in the negotiation of this Contract except James Harris of J.W. Harris and Company (the Broker) but no commission shall be earned, due or payable unless this transaction closes. b. If the Closing occurs, Buyer shall pay to the Broker at the Closing a commission equal to the amount set forth in the separate agreement between them. c. Each party shall indemnify, defend and hold harmless the other party from any other real estate commissions due by virtue of the execution or Closing of this Contract, the obligation or asserted claim for which arises from actions taken or claimed to be taken by the indemnifying party. 15. Assignment. Buyer may not assign this Contract without Seller's consent, such consent not to be unreasonably withheld or delayed, except to an affiliate of Buyer or to an entity in which Buyer or an affiliate of Buyer is the general partner and Buyer and/or Buyer's affiliates own at least 50% of the entity. Upon any permitted assignment, the assignee shall assume, and Buyer shall be released from, Buyer's obligations under this Contract. The term affiliate has the same meaning as defined in the rules and regulations promulgated by the Securities and Exchange Commission under the Securities Act of 1933, as amended. CONTRACT OF SALE—Michael W Sontag 4/14/00 Page 7. LMc F:\USERS\JIM\South Miami\Sontag Final contract.doc i 16. Notices. All notices, requests, approvals, and other communications required or j permitted to be delivered under this Contract must be in writing, properly addressed, and are effective (a) on the business day sent if sent by telecopier prior to 5:00 p.m., Dallas, Texas time, and the sending telecopier generates a written confirmation of sending, (b) 1 day after delivery to a nationally recognized, overnight courier service, (c) if orderly delivery of the mail is not then disrupted or threatened in which event some method of delivery other than the mail must be used, 3 days after being deposited in the United States mail, certified, return receipt requested, postage prepaid, or(d) upon receipt if delivered personally or by any method other than as provided above. All such communications must be addressed to Seller or Buyer, as the case may be, at the following addresses, or to any other address either party may designate by notice to the other party: Seller: Mr. Michael W. Sontag 14535 S.W. 63rd Street Miami, Florida 33158-1804 Telephone: ( 3(j" ) ! r %r Telecopy: E-Mail: With copy to: Attention: Telephone: ( ) Telecopy: ( ) E-Mail: Buyer: JPI Apartment Development, L.P. 600 East Las Colinas Boulevard Suite 1800 Irving, Texas 75039 Attention: John Dinan Telephone: (972) 556-6926 Telecopy: (972) 556-6952 E-Mail:jdinan @jpi.com With copies to: JPI Apartment Development, L.P. 600 East Las Colinas Blvd. Cigna Tower, Suite 1800 Irving, Texas 75039 Attention: John B. Cutrer Telephone: (972) 556-3782 Telecopy: (972) 556-6952 E-Mail: jcutrer @jpi.com Munsch Hardt Kopf& Harr, P.C. 4000 Fountain Place 1445 Ross Avenue Dallas, Texas 75202-2790 Attention: Lynn Collins CONTRACT OF SALE—Michael W.Sontag 4/14100 Page 8 LMC F:\USERS\JIM\South Miami\Sontag Final contract.doc Telephone: (214) 855-7516 Telecopy: (214) 978-4391 E-Mail: Icollins @munsch.com Ticor Land Title Company Q con iA , Florida lVajo Attention: Ct--%r Ncn kro Phone: (JaS) 1(o5-7oro Telecopy: (3 vS) L21rO E-Mail: 17. Performance. Time is of the essence in the performance of the terms of this Contract. 18. Time Extensions. If Seller does not provide the documents listed in Paragraph 12(c) to Buyer within the time frame set forth in Paragraph 12, the time period for Seller to provide those items is extended until Seller provides each of the items to Buyer and the expiration date of the Inspection Period, the Conditions Precedent Deadline and the Closing Date are automatically extended for like periods of time. 19. Binding Effect. This Contract is binding upon and inures to the benefit of the successors and assigns of the parties. 20. Entire Agreement. This Contract embodies the complete agreement between the parties and may not be varied or terminated except by written agreement of the parties. The Title Company and Closing Agent are not parties to this Contract and their consent is not required for any amendment, variation or termination of this Contract. 21. Attorneys' Fees. In the event of litigation concerning the interpretation or enforcement of this Contract, the prevailing party is entitled to recover from the losing party its attorneys' fees, court costs, and expenses, whether at the trial or appellate level. 22. Survival. Any of the provisions of this Contract pertaining to a period of time following Closing survive Closing and the delivery of the deed to Buyer and are not merged therein. All indemnities under this Contract survive any termination and the Closing of this n Contract. 23. Holidays, Etc. Whenever any time limit or date provided herein falls on a Saturday, Sunday, or legal holiday under the laws of the State of Texas or Florida, then that date is extended to the next day that is not a Saturday, Sunday, or legal holiday. The term business day as used in this Contract means any day that is not a Saturday, Sunday, or legal holiday under the laws of the State of Texas or Florida. 24. Governing Law. The laws of the State of Florida govern this Contract. 25. Risk of Loss; Condemnation. Seller bears the risk of loss or damage to the Property prior to Closing, unless the damage is caused solely by the acts of Buyer, its agents, contractors, or employees. If prior to Closing (a) any portion of the Property is damaged.due to causes other than the sole negligence of Buyer, its agents, contractors, or employees, or (b) eminent domain proceedings are filed against any portion of the Property or any portion of the CONTRACT OF SALE—Michael W.Sontag 4/14/00 Page 9 LMC F:\USERS\JIM\South Miami\Sontag Final contract.doc Property is condemned, Buyer may terminate this Contract by giving notice of termination to Seller within 15 days after Buyer receives notice of the damage or condemnation. If Buyer terminates this Contract under this Paragraph, Closing Agent shall promptly return the Earnest Money Deposit and Extension Fees to Buyer and the parties thereafter have no further rights, liabilities, or obligations under this Contract. If Buyer is entitled to terminate this Contract under this Paragraph and elects not to do so, Seller shall assign to Buyer at Closing Seller's interest in any insurance proceeds or condemnation proceeds relating to the damage or condemnation. 26. Headings. Paragraph headings or captions are used in this Contract for convenience only and do not limit or otherwise affect the meaning of any provision hereof. 27. Effective Date. The Effective Date of this Contract is the last date on which the Buyer or Seller executes this Contract. 28. Seller's Cooperation. Seller, at no cost or expense to Seller, shall sign and join with Buyer in filing any necessary application, and shall cooperate with Buyer in obtaining all governmental approvals and commitments necessary for the permitting, developing and operation of the proposed improvements on the Property. 29. Offer to Purchase. Upon execution by Buyer, this Contract is an offer to purchase the Property that terminates at 5:00 P.M., Dallas, Texas time, on the 5th business day after the date of Buyer's execution of this Contract unless prior to such time, Seller delivers to Buyer three (3) counterparts of this Contract executed by Seller. When Buyer receives the executed counterparts of the Contract, Buyer shall forward the original executed counterparts of. the Contract and the Earnest Money Deposit to Closing Agent, with a copy of the executed Contract to the Title Company, and obtain Closing Agent execution of this Contract acknowledging receipt of the Earnest Money Deposit. Buyer shall then return one (1) fully executed copy of this Contract to Seller. CONTRACT OF SALE—Michael W.Sontag 4/14/00 Page 10 LMC F:\USERS\JIM\South Miami\Sontag Final contract.aoc EXECUTED by Buyer on 0 2000. BUYER: JPI APARTMENT DEVELOPMENT, L. P., a Delaware limited partnership By: Lifestyle Apartment Development Service LLC, a Delaware limited liability company, general partner y:. John inan Title: Sr.Vice President EXECUTED by Seller on , 2000. SELLER: MICHAEL W. SONTAG The undersigned acknowledges receipt of the Earnest Money Deposit and shall hold and disburse the Earnest Money Deposit in accordance with the terms of this Contract. CLOSING AGENT: TICOR LAND TITLE COMPANY By. Name: Title: 2000 CONTRACT OF SALE—Michael W.Sontag 4114/00 Page 11 LMC F:\USERS\JIM\South Miami\Sontag Final contract.doc EXHIBIT A -THE LAND Lots 12 and 13 of Block 15 of the Larkins Townsite Subdivision, City of South Miami,,Miami- Dade County, Florida. EXHIBIT B—SURVEYOR'S CERTIFICATE Page 1 v ♦ J EXHIBIT B - NON-FOREIGN AFFIDAVIT SUBJECT PROPERTY: See Exhibit A attached hereto. SELLER: Michael W. Sontag BUYER: JPI a Section 1445 of the Internal Revenue Code provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person. To inform Buyer that the withholding of tax is not required upon the disposition of a U.S. real property interest by Seller, the undersigned hereby certify the following on behalf of Seller: 1. Seller is not a foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations); 2. Seller's U.S. employer identification number is 3. Seller's office address is: Seller understands that this certification may be disclosed to the Internal Revenue Service by Buyer and that any false statement contained herein could be punished by fine, imprisonment, or both. Under penalties of perjury, I declare that I have examined this certification and to the best of my knowledge and belief, it is true, correct, and complete, and I further declare that I have authority to sign this document on behalf of Seller. llilleli AWN I Michael W. Sontag SWORN TO AND SUBSCF�IUD before the. ndersigned authority, by Michael W. Sontag, an individual on this day of Y! 2000. Ur Nota quic, State o My C mission Expires: OF F1 CYNTHIA H.FULFORD 9 Commission No.CC 607652 NOTARY o Commission Expires Mardi 24,2001 N PUBLIC a Commission Recorded In Official Records Book 17490.Pape No.0077 EXHIBIT C—NON-FOREIGN AFFIDAVIT Page 1 Public Records ofOadeC".Florida 1 l: •••• ••• . . ..... ... .. .• •90 • 09000 . PUBLIC HEARING . ... ... PROPERTY OWNER'S AWARENESS FORM : : •' • . •' • :.: :.: • PLANNING AND ZONING DEPT. •••• 9.00• ••• 9.99 CITY OF SOUTH MIAMI Fax#:(305)66M 6130 Sunset Drive . Phone: 305 666326' ' South Miami,Florida 33143 We,the undersigned property owners,are within 500 feet of the property which will be the subject of a public hearing. We are aware that the following proposed application will be submitted to the City of South Miami. ITEM: Location: Property is bounded by S.W.69th Street,S.W.70th Street,S.W.61St Ave.,S.W.59th Place Applicant: JPI Development Partners,Inc. Description of Applicant's Proposal: Rezoning from MO(Medium Office)to TODD MU-5(Transi t—Oriented Development District Mixed Use 5)and All Required Approvals of the Subject Property for the development of an apartment building PROPERTY ' NAME: `�� - (� DATE: l�` Si nature: PHONE NO. ("7 ADDRESS: f✓t1 PROPERNAME: -x- DATE: -, z 17- ov c� Signature: ���,�,5,� CA PHONE NO.3,09 - 7 968 ADDRESS: (o @o e, Law-t), P. X5-61�3 PROPERTY OWNER'S NAME: L DATE: Signature: PHONE NO. ADDRESS: Note: This signature form is to be submitted together with any application requiring a public hearing before the Planning Board and City Commission. (Section 20-5.5(B)(2). Page 1 of 10 s'I a PROPERTY E Moe, v--�--NAME: � �1���. �' DATE: d , ��; PHONE N0. '365 Si nature: ADDRESS: -ae PROPERTY 0 E WS NAME: ��✓� DATE: m.� Signature: PHONE NO. G(p3 ADDRESS:� Y(0 L[ PROPERTY OWNER'S NAME: i i V-f)a DATE: (0 12000 Signature: PHONE NO. ADDRESS: j _PROPERTY N 'S NAME: \.OJT DATE: Si natur PHONE NO I ADDRESS:. L-:� P PRORPJY OWNER'S N DATE: - S— b Si nature: ► PHONE N .WS ADDRESS: LbN 'J- w Cl 91PROPERThOWNER'S _ NAME: DATE: Signature: G "q 5 PHONE N (�) ADDRESS: ,S^ St C Jam/ Note: This signature form is to be submitted together with any application requiring a public hearing before the Planning Board and City Commission. (Section 20-5.5(B)(2). Page 2 of 10 PROPERTY OWNER'S �- `n NAME: -5 U �, r l DATE: Signature: PHONE N0. ADDRESS: � Ue - LV PROPERTY r� - NAME: 1 q ( DATE: C� Si natu PHONE NO. �vJ O JUd J ADDRES - 5W 4 PROPERTY WNER'S NAME: �" C � /' DATE: Signature: PHONE NO. 9- s ADDRESS: W 1D( y S �c PROPERTY OWNER'S" O O NAME: VS DATE: Si nature: �.1� I�C� ��� PHONE NO. ADDRESS: NAMEERTY OWNERS/ G ���. J,� DATE: Si nature: PHONE NO. ADDRESS: `7 �S �o ��'`r ��° PROPERTY OWNER'S NAME: DATE Signature- PHONE N0.`3 dJ ADDRESS: 6 �� Note: This signature form is to be submitted together with any application requiring a public hearing before the Planning Board and City Commission. (Section 20-5.5(B)(2). Page 3 of 10 r PROPERTY OWNS 'S NAME: /� ��,e r�rl`� DATE: Signature: 2v PHONE NO. ADDRESS: ;t S•GV 6 e� APROPER _ NAME: DATE: Si nature: PHONE NO ADDRESS: APROPERTY NER' NAME. 7/0, DATE: Si nature: Q/ PHONE NO. ADDRESS: PROPE Y OW :RS i NAME: DATE: Si nature PHONE NO. ADDRE �/d 51 k), to 0Ad PROPERTY OW ER'S ` NAME: DATE: Si nat e: PHONE NO. ADDRESS: b d "-saj- PROPERTY OWNER'S NAME: �f�'c� ►1C,- �v� i DATE: Signature: PHONE N0. 20 S Z iQ ADDRESS: to Note: This signature form is to be submitted together with any application requiring a public hearing before the Planning Board and City Commission. (Section 20-5.5(B)(2). Page 4 of 10 PROPERTY OWNER'S '—^ r NAME V\'2 r �� "TE U c Signature PHONE N0. �� - cS S (3 ADDRESS CQ �� S �j 0\� SA , PROPERTY OWNER'S NAME l2�N�°i � t�S /J DATE Signature PHONE N . 'Q Z ADDRESS f S PROPE Y OWNER'S^" NAME� DATE Signature �� PHONE NOBS 3/4- ADDRESS,//"G S5= 0)- PROPERTY OWNER'S NAME L, �> G, 'r)S DATE S Signature PHONE NO. ADDRESS --� �SOROP Y OW y .-- NAM t ( °� �!� t D M fC� A/ -5 DATE �S O Si nature (� �� PHONE N ADDRESS LQ PROPERTY OWNER'S NAME / °, DATE - -6-o Signature PHONE NO. ADDRESS c.�7 Note: This signature form is to be submitted together with any application requiring a public hearing before the Planning Board and City Commission. (Section 20-5.5(B)(2). Page 5 of 10 PROPERTY OWNER'S NAME c�P/t,� DATE Signature PHONE NO. ADDRESS PROPERT WNER'S,, NAME 6//U ��� DATE Si nature welt PHONE NO. 4� ADDRESS CO Sf- PROPS Y OWNER'S NAME ��'J'l'1 GLc. DATE Signature p, e PHONE NO. ADDRESS(,* PROPERTY OWNER'S NAME e.e--, DATE Signatur �`'� PHONE NO. ADDRESS�O I/L— PROPERTY OWNER'S r - NAME DATE �ja• O C) Si nature �¢., PHONE NO. — 3 ADDRESS 2 g NAMES OKS�f �L-�6�iyll DATE (yGi c�✓'�p�O'Da Si natur l�J ' PHONE NO. ADDRESS J/ Note: This signature form is to be submitted together with any application requiring a public hearing before the Planning Board and City Commission. (Section 20-5.5(B)(2). Page 6 of 10 PROPERT Own NAME : � i - C�;�' DATE: t Signature: PHONE NO �Y 03 ADDRESS: 43 zP g S1 - / J J NAME:ERTY OWNER'S 1 t A-L DATE: Si nature PHONE NOC� � - ADDRESS: S-1 PROPERTY OWNER'S NAME: DATE: �p Signature: 0 PHONE NO. ADDRESS: `r' kz yyw PROPERTY OWN R'S Q NAME: c7i nd DATE: LP— Ij Si nature: PHONE N0. ADDRESS: l� S , PROPERTY OWNER'S 1� "" 0 I ^ r NAME: maf �T w l �, Y-�S DATE: O Si nature: \\APJL0 PHONE NO. ADDRESS: W5Z �J•v�. U PROPERTY OWNER'S �---- NAME: P. ee I 1 1 h n rn� 5O DATE: e 00 Si nature: PHONE NO. ADDRESS: (Ob \ �Q Note: This signature form is to be submitted together with any application requiring a public hearing before the Planning Board and City Commission. (Section 20-5.5(B)(2). Page 7 of 10 PROPERTY OWNE ' NAME: 1 .C, DATE: LQ — (Q Si nature PHONE N0. ADDRESS PROPERTY OWNER'S l- NAME r! c)C,54r DATE Si natur PHONE NO. ADDRESSWJ'/ ("l PROPERTY OWNER'S NAME P ' DATE Signature PHONE NO. ADDRESS LQ i5 -51- PROPERTY OWNER' NAME DATE Signature- PHONE NO. ADDRESS r PROPERTY OWN 'S 4NAME -e-�)C b - DATE -DD r Si nature PHONE NO. t�b ADDRESS Ej2h 25110 PROPERTY OWNER' NAME DATE . o Si nature PHONE N0. ADDRESS U0 V9 S,J . &5+ Note: This signature form is to be submitted together with any application requiring a public hearing before the Planning Board and City Commission. (Section 20-5.5(B)(2). Page 8 of 10 PROPERTY OWNER'S - NAME g 01 C, le 56r, DATE -oo Signature PHONE NO. �-- ADDRES 01 PROPERTY NAME rXt-NAME I DATE =( .Old Signature PHO E N0. ADDRESS 'b 9 9 r` PROPERTY OWN 'S NAME DATE 11 Signature PHONE NO. ADDRESS PROPERTY OWNER'S NAME f n r, q 1 I COX DATE 3 -a Signature d PHONE NO. ADDRESS 7 5 / te 5 54--- PROPERT WNER'S-o J NAME DATE Si nature PHONE NO. ADDRESS 5-9 (y PROPERTY OWNER'S NAME DATE Signature PHONE NO. ADDRESS Note: This signature form is to be submitted together with any application.requiring a public hearing before the Planning Board and City Commission. (Section 20-5.5(B)(2). Page 9 of 10 3 PROPERTY OWNER'S NAME DATE Signature PHONE NO. ADDRESS ®PROPERTY OWNER'S NAME DATE Signature PHONE NO. ADDRESS PROPERTY OWNER'S NAME DATE Signature PHONE NO. ADDRESS PROPERTY OWNER'S NAME DATE Signature PHONE NO. ADDRESS PROPERTY OWNER'S NAME DATE Signature PHONE NO. ADDRESS PROPERTY OWNER'S NAME DATE Signature PHONE NO. ADDRESS Note: This signature form is to be submitted together with any application requiring a public hearing before the Planning Board and City Commission. (Section 20-5.5(B)(2). Page 10 of 10 PUBLIC HEARING PROPERTY OWNER'S AWARENESS FORM PLANNING AND ZONING DEPT. CITY OF SOUTH MIAMI Fax#:(305)666-4591 6130 Sunset Drive Phone:(305)663-6326 South Miami,Florida 33143 We,the undersigned property owners,are within 500 feet of the property which will be the subject of a public hearing. We are aware that the following proposed application will be submitted to the City of South Miami. ITEM: Location: Property is bounded by S.W.69th Street,S.W.70th Street,S.W.61St Ave.,S.W.59th Place Applicant: JPI Development Partners,Inc. Description of Applicant's Proposal: Change the Comprehensive Plan from Mix-Use Commercial Residential to TODD (Transit Oriented Development District )of the Subject Property for the development of an apartment building. PROPERTY OWNER'S i NAME: ( o �.s '' DATE: G Z Zo v Si nature: PHONE NO.3-69 667-7908 ADDRESS: 10 Da�' to f :2� I-If 3/�z3 PROPERTY OWNER'S NAME: DATE: GCw Signature: °M ft-a -eym 4/64 PHONE N0. �1,4-6 �7 ADDRESS: PROPERTY OWNER'S NAME: D I�1 DATE: Signature: `'(� PHONE N0. ADDRESS: Note: This signature form is to be submitted together with any application requiring a public hearing before the Planning Board and City Commission. (Section 20-5.5(B)(2). Page 1 of 10 PROPERWOWN WS NAME: (/`/ ,� �fi / ! _ l�jU � ", `� '` cr DATE: ` 1 Signature j � PHONE NO. ��� Q0 ADDRESS: PROPERTY OWNER'S - li?Z — 14 NAME: L +��' DATE: Signature PHONE N0. ADDRESS: is V\) �C PROPERTY OWNER' I NAME: DATE: Si nature• fj AA PHONE N0. 4L ADDRESS: to — 13 PROP OWNER'S C NAME: 1 "R ' DATE: Si natu • PHONE N . 5 ADDRESS: tt 0 Q ® PROPE WNER'S DATE: �— NAME Si natur PHONE NO. ADDRESS: cS7r f PROPERTY OWNER'S NAME: I DATE:(..e -- 7-45—DO Signature: PHONE N0. 5— M,3,5 ADDRESS: SL 51W , Note: This signature form is to be submitted together with any application requiring a public hearing before the Planning Board and City Commission. (Section 20-5.5(B)(2). Page 2 of 10 PROPERTY OWNER'S ) � NAME: to 1,3q DATE: Signature: PHONE NO. ADDRESS: PROPERTY W ER'S f NAME: /� L� DATE: (62- Si nature: " `2 PHONE NO. LJ J✓ CU(J�VdtU ` ADDRESS: �` D O 6W 0(-5f ' PROPERTY OWNER'S NAME: DATE: Si nature: PHONE NO. - ADDRESS: NAME: OWNER'S�-� 1 �a � �� - DATE: U � Si nature: ���- it PHONE NO. ADDRESS: � 3 (� PROPERTY OWNER'Sn V/ V' NAME- #7 CI ' 0'- 1�1J� ` � ' DATE: Si nature: V4�^L PHONE NO. ADDRESS: b PROPERTY WNE 'S NAME: ��- Z DATE G Signatur . 4 ,- PHONE NO. ADDRESS: _v l5 vl�► s /1'),(,�yY' 3 3I�/ Note: This signature form is to be submitted together with any application requiring a public hearing before the Planning Board and City Commission. (Section 20-5.5(B)(2). Page 3 of 10 .3, ® PROPERTY OWNER'S I��,, NAME: too c T g q e V — 1 DATE: ° ° Signature: �/� �` PHONE NO. 305 96,25; '�a5t ADDRESS: -o 27- 5 • W 6!9` cS�l�� 1+ PROPE It NAME: " DATE: Signature: LM a,-� 8 PHONE N . -- ADDRESS: ��nQ _ PROPERMYN /R''S NAME: , ! i� Gl Y7 �b -' ATE: (J �c�7 Si nature: ! PHONE N0. ADDRESS: PROPERTY OWNER' 0 NAME: l rP 2a''S DATE: r Si nature. iL �J �,- 1 " Y PHONE NaeO S :-4 b ADDRESS: PROPERTY OWNER' a NAME: �e-I' 1 G�- 'S DATE: Signature. = PHONE NO. ADDRESS: 49160 PROPERTY OWNEfTS NAME r rG c T ��^ DATE: Signature: PHONE NO. Z y..0 -� ADDRESS: G 1,3s, (S `f Note: This signature form is to be submitted together with any application requiring a public hearing before the Planning Board and City Commission. (Section 20-5.5(B)(2). Page 4 of 10 PROPERTY OWNER'S _ _I ll , NAME (i(/ /� `�'4 Wj'>4 rh DATE Signature (,(���%� wIY1 ` 2" PHONE NO. ADDRESS tQ J- Gt>. �/ ( c3 ,� � e& 03 PROPERTY OWNER'S (^ _ IS NAME f?� - ('Y',' ATE D Signature .� +Z-- PHONE NO. ADDRESS j� PROPERTY OWNER'S NAME e afY, DATE Signature PHONE N sa ADD RESSS� . ROPE Y OWNER'S NAME .51 U I DATE Signatur PHONE N0,365- ADD SS PROPERTY OWNER'S 6 NAME DATE Z�-- Si nature X /—' �— PHONE NO. ADDRES '�. PROPERTY OWNER'S NAME DATE Si nature C PHONE NO x ADDRESS 1 D SS° Note: This signature form is to be submitted together with any application requiring a public hearing before the Planning Board and City Commission. (Section 20-5.5(B)(2). Page 5 of 10 PROPERTY OWNER'S NAME /4" dellso DATE �perj Signature - PHONE N0. ADDRESS PROPS Y OWN ,R' NAME (e/ DATE Signature PHONE NO. ADDRESS PROPERTY OWNER'S _ ff _ NAME Q,`yY�a c rc DATE (Pe S d v D Signature OL-9- PHONE NO. CP Co s ADDRESS IP t,J, l� ! I, PROPE TY 0 n 'S NAME DATE PHONE NO. ADDRESS ' ® PROPERTY OWNER'S NAME (2 DATE d Si nature ,: QS-S PHONE NO ADDRESS C, I Z S S� - 3 PROPS N 1 f DATE 0 Oa NAME ��lCJJ /'Y F Si natur PHONE NO. J P t0 � ADDRESS9y�� Note: This signature form is to be submitted together with any application requiring a public hearing before the Planning Board and City Commission. (Section 20-5.5(B)(2). Page 6 of 10 3 PROPERTY OWNER'S NAME : L6 DATE: to la�e 0-z�) Si nature: ._Sl PHONE N2 ADDRESS: Lp 1 Lk-); lQ = CLry-YI D PROPERTY OWNER' 1 NAME: t �S -� y ��,5 DATE: (1L Si nature PHONE N0.C3:�n CQ ADDRESS: PROPERTY OWNER'S ` J r- NAME- �--� 1�./� �, DATE: U JUL Signaturcri PHONE N0. Q (.Q� ADDRESS: ICL• 3�J PROPERTY OWNER'S p r� NAME:. VCi W tj 1 L &KXr, DATE: Si nature: � PHONE NO. ADDRESS:5G 95 5 . PROPERTY OWNER'S (� NAME: DATE: Z&O Si nature: PHONE NO. ADDRESS: U 1 2) c5 . U3 . �0 13 t5� 5PROPERTY OWNER'S —� NAME: eT I j Y�l DATE: - 6 Si nature: ,. PHONE NO. ry ADDRESS: Lo o i a Note: This signature form is to be submitted together with any application requiring a public hearing before the Planning Board and City Commission. (Section 20-5.5(B)(2). Page 7 of 10 PROPERTY OWNER'S '' o NAME: DATE: Tune Signature: PHONE N0. ADDRESS: , �C PROPERTY WN R'S v� NAME: �� �i' I-EY DATE. Si nature: 4,4� PHONE NO. ADDRESS: Iv)S I qg PROPERTY OWNER'S NAME: DATE: r7 - 3 Signature: ° PHONE NO. --- ADDRESS: PROPERTY OWNER'S NAME: Oh V Kif DATE: u 2po Si nature: PHONE NO. ADDRESS: lQ tS3 5, W . (9 q PROPERTY OWNER'S,: NAME. C e DATE: _ ®a Si nature: PHONE NO. pp .y-\D4- ADDRESS: U 2,1 t) , S ROPERTY OW 'S AME: DATE: 72 3 a5 Si nature: 6W,,,�j PHONE NO. C n ADDRESS: Note: Thin signature form is to be submitted together with any application requiring a public hearing before the Planning Board and City Commission. (Section 20-5.5(B)(2). Page 8 of 10 PROPERTY OWNER' NAME: d DATE: o v Signature: PHONE NO. R to ADDRE/,C PROPERTY OWN 'S NAME: ` DATE: ?) / . 1 Signature: ADDRESS: `- PROPERTY OWN 1C' NAME: o 5 DATE: — ©v Signature: PHONE NO. ADDRESS: ' PROPERTY OWNER'S e f NAME: °I� � DATE: 4 i 1 ` 3 Si nature: PHONE NO. ADDRESS: f S, DD PROPERTY NEW%?o r-�NAME: DATE: / U Signature: PHONE NO. ADDRESS: 5-9 i PROPERTY OWNER'S NAME: DATE: Signature: PHONE NO. ADDRESS: Note: This signature form is to be submitted together with any application requiring a public hearing before the Planning Board and City Commission. (Section 20-5.5(B)(2). Page 9 of 10 JPROPERTY OWNER'S NAME: DATE: Signature: PHONE NO. ADDRESS: PROPERTY OWNER'S NAME: DATE: Signature: PHONE NO. ADDRESS: 0 PROPERTY OWNER'S NAME: DATE: Signature: PHONE NO. ADDRESS: ® PROPERTY OWNER'S NAME: DATE: Signature: PHONE NO. ADDRESS: PROPERTY OWNER'S NAME: DATE: Signature: PHONE NO. ADDRESS: ; ROPERTY OWNER'S NAME: DATE: Signature: PHONE NO. ADDRESS: Note: This signature form is to be submitted together with any application requiring a public, hearing before the Planning Board and City Commission. (Section 20-5.5(B)(2). Page 10 of 10 • • • • • • • • • • Florida Real Estate Decisliogzs; 1U. . . 16375 N.E. 18th Avenue Suite 300 0000 0000• ••• 0000 Miami, Fl. 33162 •••• • • • • (305)757-6884 ••06 0 00000 • ••• • •••• • 3195 N. Powerline Rd. t Suite 104 Pompano Beach, Fl. 33069 June 8, 2000 (954)761-9003 12765 W. Forest Hill Blvd Suite 1314 Wellington, Fl. 33414 (561)798-4423 WWW.FREDIFL.COM City of South Miami Planning and Zoning Division 6130 Sunset Drive South Miami F1 . 33143 Re: Property Owners List Within 500 feet of: TOWNSITE OF LARKINS PB 2-105 LOTS 3 THRU 25 BLK 15 This is to certify that the attached ownership list, map and mailing labels are a complete and accurate representation of the real estate property and property owners within 500 feet of the subject property listed above. This reflects the most current records on file in the Miami-Dade County Tax Assessor's office. Sincerely, Ray N. Hunt RNH v cc: Stephen M. James GREENBERG TRAURIG HOFFMAN LIPOFF ROSEN & QUENTEL, P.A. 1221 Brickell Avenue 24th Floor Miami, Florida 33131 *Number of Labels: 179 9 } t 09-4025-000-0970 F E C RY CO ST AUGUSTINE FLA 25 54 40 3 .86 AC 100FT F E C R/W THRU THE S1/2 OF SE1/4 LESS PARCEL PER DB 3973-68 09-4025-000-0800 THADDEUS MARK & THOMAS (TRS) 5995 SUNSET DR 5995 SUNSET DR 25 54 40 SO MIAMI FL 33143-5129 BEG 90.74FTE & 50FTN OF SW COR OF SE1/4 OF SW1/4 OF SE1/4 N169FT E118FT S44FT W19FT S125FT W99FT TO POB LOT SIZE 17567 SQUARE FEET 09-4025-011-0010 SUNSET-MIAMI INVESTMENTS INC 6075 SW 72 ST 1313 PONCE DE LEON BLVD #200 25 54 40 .72 AC CORAL GABLES FL 33134-3343 ROSSWOOD PB 13-62 ALL OF TR A LESS E118FT OF N129 .07FT BLK 1 & LOT 3 LOT SIZE IRREGULAR 09-4025-011-0020 L'ATELIER• INC 5960 SW 71 ST 5960 SW 71 ST 25 54 40 .34 AC MIAMI FL 33143-3532 ROSSWOOD PB 13-62 E118FT OF N129 . 07FT OF TRACT A BLK 1 LOT SIZE 14810 SQ FT 09-4025-011-0090 CAL B ROSENBAUM TR PO BOX 430082 ROSSWOOD PB 13-62 MIAMI FL 33243-0082 LOT 3 BLK 2 LOT SIZE 6725 SQ FT 09-4025-011-0100 CAL B ROSENBAUM TR PO BOX 430082 ROSSWOOD PB 13-62 MIAMI FL 33243-0082 LOT 4 BLK 2 LOT SIZE 6700 SQUARE FEET FLORIDA REAL ESTATE DECISIONS, INC. 1 t ; 09-4025-011-0110 CAUSEWAY NV 7110 SW 61 AVE 11020 N KENDALL DR STE 200 ROSSWOOD PB 13-62 MIAMI FL 33176-1202 LOT 5 BLR 2 & LOTS 8 & 9 BLK 2 OF LARKIN CENTER PB 27-67 LOT SIZE 14270 SQUARE FEET 09-4025-011-0120 SOUTH MIAMI MASONIC 7090 SW 61 AVE LODGE #308 25 54 40 PO BOX 431491 ROSSWOOD PB 13-62 SO MIAMI FLA 33243-1491 LOT 6 & 7 BLR 2 LOT SIZE 13400 SQUARE FEET 09-4025-011-0130 CAL B ROSENBAUM 7040 SW 61 AVE PO BOX 430082 25 54 40 . 77 AC S MIAMI FL 33243-0082 ROSSWOOD PB 13-62 LOTS 8-9-10 BLR 2 & LOTS 4-5 & 6 OF BLR 2 LARKIN CENTER PB 27-67 LOT SIZE 31380 SQUARE FEET 09-4025-011-0140 ALEMI 'S INVESTMENTS LLC 7020 SW 61 AVE 7380 SW 48 ST ROSSWOOD PB 13-62 MIAMI FL 33155 LOT 11 BLR 2 LOT SIZE 6700 SQUARE FEET 09-4025-011-0150 ALEXI 'S INVESTMENTS LLC 7000 SW 61 AVE 7380 SW 48 ST 25 54 40 MIAMI FL 33155 ROSSWOOD PB 13-62 LOT 12 BLR 2 LOT SIZE 6700 SQUARE FEET 09-4025-011-0160 CARLOS F TARAFA &W ALEJANDRINA 10404 SW 87 CT 25 54 40 MIAMI FL 33176-3763 ROSSWOOD PB 13-62 LOT 1 BLR 3 LOT SIZE 47 .500 X 105 FLORIDA REAL ESTATE DECISIONS, INC. 2 t 09-4025-011-0170 CARLOS F TARAFA &W ALEJANDRIN 10404 SW 87 CT 25 54 40 MIAMI FL 33176-3763 ROSSWOOD PB 13-62 LOT 2 BLK 3 LOT SIZE 47 .500 X 105 09-4025-011-0180 MINTON TINSLEY 7029 SW 61 AVE 1472 LANDINGS CIRCLE 25 54 40 SARASOTA FL 34231 ROSSWOOD PB 13-62 LOT 3 & LOT 4 LESS N6FT BLK 3 LOT SIZE 89 .000 X 105 09-4025-011-0190 MARGUERITE QUINLAN 7001 SW 61 AVE 7001 SW 61 AVE ROSSWOOD PB 13-62 SO MIAMI FL 33143-3420 LOT 5 & N6FT LOT 4 BLK 3 LOT SIZE 53 .500 X 105 09-4025-011-0200 GS2 CORP 5996 SW 70 ST % CHARLES SEIGER ROSSWOOD PB 13-62 9300 SW 87 AVE STE 6 LOTS 6 & 7 BLK 3 MIAMI FL 33176-2413 LOT SIZE 100 . 000 X 119 09-4025-011-0240 SECISA INTERNATIONAL LTDA INC 5959 SW 71 ST 5959 SW 71 ST ROSSWOOD MIAMI FL 33143-3599 PB 13-62 LOTS 8 THRU 13 BLK 3 LOT SIZE 35606 SQ FT 09-4025-011-0270 5995 REALTY CORP 5995 SW 71 ST PO BOX 43-2496 ROSSWOOD PB 13-62 MIAMI FL 33243 LOTS 14 & 15 BLK 3 LOT SIZE 100 . 000 X 119 FLORIDA REAL ESTATE DECISIONS, INC. 3 09-4025-024-0010 ACP OFFICE I LLC 5975 SW 72 ST % AMERICA'S CAPITAL PARTNERS LLC COMMERCIAL LARKINS PB 26-29 444 BRICKELL AVE STE 1001 LOTS 1-2-3 & 1OFT ALLEY LYG N & MIAMI FL 33131-2407 ADJ THERETO BLK 2 & TR-2 PER PB 38-5 & 1OFT ALLEY LYG W & ADJ THERETO & BEG 189 .7FT E & 50FT N OF SW COR OF SE1/4 OF SW1/4 OF SE1/4 OF SEC 25-54-40 TH N125FT E19FT S125FT W19FT TO POB LOT SIZE 27894 SQUARE FEET 09-4025-025-0010 ROBERT & WILLIAM SPIEGEL 7090 SW 59 PL 12101 SW 100 ST 25 54 40 . 19 AC M/L MIAMI FL 33186-2612 COMMERCIAL LARKINS AMD PB 38-5 S11OFT OF TRACT 1 LOT SIZE 8334 SQ FT 09-4025-025-0011 ROBERT BERKOWITZ &W CATHARINE 7000 SW 59 PL 7000 SW 59 PL 25 54 40 .22 AC M/L MIAMI FL 33143-3528 COMMERCIAL LARKINS AMD PB 38-5 TR 1 LESS S11OFT LOT SIZE 9696 SQ FT 09-4025-027-0010 LARKIN COMMUNITY HOSPITAL INC 7031 SW 62 AVE 7031 SW 62 AVE LARKIN CENTER PB 27-67 SOUTH MIAMI FL 33143-4701 LOTS 1 TO 9 & LOTS 18 TO 20 INC BLK 1 LESS W10FT OF LOTS 1-18-19-20 LOT SIZE IRREGULAR 09-4025-027-0030 LARKIN SOUTH JOINT VENTURE 7051 SW 62 AVE 7051 SW 62 AVE LARKIN CENTER PB 27-67 MIAMI FL 33143-4701 LOTS 10-11 & 16-17 BLK 1 LESS W10FT OF LOTS 16 & 17 LOT SIZE 15551 SQUARE FEET 09-4025-027-0040 VIPA HOLDINGS INC 7171 SW 62 AVE 7171 SW 62 AVE LARKIN CENTER PB 27-67 MIAMI FL 33145 LOT 12 & LOTS 13 THRU 15 LESS W10FT OF LOTS 14 & 15 FOR R/W BLK 1 LOT SIZE 15454 SQ FT FLORIDA REAL ESTATE DECISIONS, INC. 4 09-4025-027-0090 CAL B ROSENBAUM 7109 SW 61 CT PO BOX 2000 LARKIN CENTER PB 27-67 SO MIAMI FL 33143 LOT 7 BLK 2 LOT SIZE 3760 SQUARE FEET 09-4025-027-0110 CAUSEWAY NV 7141 SW 61 CT 11020 N KENDAL DR APT 200 LARKIN CENTER PB 27-67 MAIMI FL 33176-1202 LOTS 10 THRU 15 BLK 2 LESS S21FT FOR R/W LOT SIZE IRREGULAR 09-4025-028-1400 INVERSIONES COMERCIALES 5876 SW 68 ST 9211 SW 117 CT 25 54 40 MIAMI FL 33186-2125 TOWNSITE OF LARKINS PB 2-105 LOTS 4 & 5 BLK 11 09-4025-028-1410 INVERSIONES COMERCIALES 9211 SW 117 CT TOWNSITE OF LARKINS PB 2-105 MIAMI FL 33186-2125 LOT 6 BLK 11 LOT SIZE 25 .000 X 146 09-4025-028-1420 INVERSIONES COMERCIALES 5896 SW 68 ST 9211 SW 117 CT TOWNSITE OF LARKINS PB 2-105 MIAMI FL 33186-2125 LOTS 7 & 8 BLK 11 LOT SIZE 50 . 000 X 146 09-4025-028-1430 INVERSIONES COMERCIALES 9211 SW 117 CT 25 54 40 MIAMI FL 33186-2125 TOWNSITE OF LARKINS PB 2-105 LOTS 9 & 10 BLK 11 09-4025-028-1440 LAWRENCE S BERRIN &W SHERYL J 5920 SW 68 ST 5924 SW 68 ST TOWNSITE OF LARKINS PB 2-105 SOUTH MIAMI FL 33143-3524 LOTS 11 THRU 14 INC BLK 11 LOT SIZE 100 . 000 X 146 FLORIDA REAL ESTATE DECISIONS, INC. 5 d 09-4025-028-1460 PRINCESTON PRE-SCH CHILD CNTR INC 5928 SW 68 ST 5928 SW 68 ST TOWNSITE OF LARKINS PB 2-105 MIAMI FL 33134-3524 LOTS 15 & 16 BLK 11 LOT SIZE 50 .000 X 146 09-4025-028-1470 OSAMAH Z SARSOUR &W HANAN 0 5940 SW 68 ST 5940 SW 68 ST TOWNSITE OF LARKINS PB 2-105 MIAMI FL 33143-3524 LOTS 17 & 18 BLK 11 LOT SIZE 57 .360 X 120 09-4025-028-1480 RAVIS S RAMIT &W LINDA L 6811 SW 59 PL 5971 SW 139 PL TOWNSITE OF LARKINS PB 2-105 MIAMI FL 33183 LOTS 19 THRU 24 INC BLK 11 LOT SIZE 150 . 000 X 120 09-4025-028-1490 RAVIS S RAMIT &W LINDA L 6845 SW 59 PL 5971 SW 139 PL TOWNSITE OF LARKINS PB 2-105 MIAMI FL 33183 LOTS 25 THRU 27 INC LESS WSFT & LESS SSFT OF LOT 27 BLK 11 09-4025-028-1500 ALAN D MOBLEY TR 5907 SW 69 ST P 0 BOX 43-1458 TOWNSITE OF LARKINS PB 2-105 SOUTH MIAMI FL 33243-1458 LOTS 28 THRU 36 INC BLK 11 LOT SIZE 225 . 000 X 144 09-4025-028-1520 ALAN D MOBLEY TR 5897 SW 69 ST P 0 BOX 43-1458 TOWNSITE OF LARKINS PB 2-105 SOUTH MIAMI FL 33243-1458 LOTS 37-38 & 39 BLK 11 LOT SIZE 75 . 000 X 144 09-4025-028-1550 ALAN D MOBLEY TR 5875 SW 69 ST P 0 BOX 43-1458 TOWNSITE OF LARKINS PB 2-105 SOUTH MIAMI FL 33243-1458 LOTS 40-41-42 & 43 BLK 11 LOT SIZE 100 . 000 X 144 FLORIDA REAL ESTATE DECISIONS, INC. 6 09-4025-028-1790 LARKIN COMMUNITY HOSPITAL INC 6100 SW 69 ST 7031 SW 62 AVE TOWNSITE OF LARKINS PB 2-105 MIAMI FL 33143 LOT 1 & N10FT OF LOT 18 BLK 14 LOT SIZE 7400 SQUARE FEET 09-4025-028-1800 LARKIN COMMUNITY HOSPITAL INC 6110 SW 69 ST 7031 SW 62 AVE TOWNSITE OF LARKINS PB 2-105 MIAMI FL 33143 LOT 2 BLK 14 LOT SIZE 6900 SQ FT 09-4025-028-1810 LARKIN COMMUNITY HOSPITAL INC 6120 SW 69 ST 7031 SW 62 AVE TOWNSITE OF LARKINS PB 2-105 MIAMI FL 33143 LOT 3 BLK 14 LOT SIZE 6900 SQUARE FEET 09-4025-028-1820 LARKIN COMMUNITY HOSPITAL INC 7031 SW 62 AVE TOWNSITE OF LARKINS PB 2-105 SOUTH MIAMI FL 33143-4701 LOT 4 BLK 14 LOT SIZE 6900 SQ FT 09-4025-028-1830 LARKIN COMMUNITY HOSPITAL INC 6140 SW 69 ST 7031 SW 62 AVE TOWNSITE OF LARKINS PB 2-105 SOUTH MIAMI FL 33143-4701 LOTS 5 & 6 BLK 14 LOT SIZE 13800 SQ FT 09-4025-028-1840 LARKIN COMMUNITY HOSPITAL INC 6144 SW 69 ST 7031 SW 62 AVE TOWNSITE OF LARKINS PB 2-105 SOUTH MIAMI FL 33143-4111 LOT 7 BLK 14 LOT SIZE 6900 SQ FT 09-4025-028-1850 LARKIN COMMUNITY HOSPITAL INC 6150 SW 69 ST 7031 SW 62 AVE TOWNSITE OF LARKINS PB 2-105 MIAMI FL 33143 LOT 8 BLK 14 LOT SIZE 6900 SQUARE FEET FLORIDA REAL ESTATE DECISIONS, INC. 7 09-4025-028-1860 LARKIN COMMUNITY HOSPITAL INC 7031 SW 62 AVE TOWNSITE OF LARKINS PB 2-105 MIAMI FL 33143 LOT 9 BLK 14 LESS W15FT FOR R/W LOT SIZE 4688 SQUARE FEET 09-4025-028-1870 LARKIN COMMUNITY HOSPITAL INC 6169 SW 70 ST 7031 SW 62 AVE TOWNSITE OF LARKINS PB 2-105 MIAMI FL 33143 LOTS 10 & 11 BLK 14 LESS W15FT OF LOT 10 FOR R/W LOT SIZE 11599 SQUARE FEET 09-4025-028-1880 LARKIN COMMUNITY HOSPITAL INC 6145 SW 70 ST 7031 SW 62 AVE 25 54 40 SOUTH MIAMI FL 33143-4701 TOWNSITE OF LARKINS PB 2-105 LOT 12 & W3FT OF LOT 13 BLK 14 LOT SIZE 7314 SQ FT 09-4025-028-1890 LARKIN COMMUNITY HOSPITAL INC 6141 SW 70 ST 7031 SW 62 AVE TOWNSITE OF LARKINS PB 2-105 MIAMI FL 33143-4701 LOT 13 LESS W3FT & BLK 14 W3FT LOT 14 LOT SIZE 6900 SQ FT 09-4025-028-1900 LARKIN COMMUNITY HOSPITAL INC 6129 SW 70 ST 7031 SW 62 AVE TOWNSITE OF LARKINS PB 2-105 SOUTH MIAMI FL 33143-4701 LOT 15 & LOT 14 LESS W3FT BLK 14 LOT SIZE 13386 SQ FT 09-4025-028-1910 LARKIN COMMUNITY HOSPITAL INC 7031 SW 62 AVE TOWNSITE OF LARKINS PB 2-105 MIAMI FL 33143 LOT 16 BLK 14 LOT SIZE 6900 SQUARE FEET 09-4025-028-1920 LARKIN COMMUNITY HOSPITAL INC 6101 SW 70 ST 7031 SW 62 AVE TOWNSITE OF LARKINS PB 2-105 MIAMI FL 33143 LOT 17 & LOT 18 LESS N10FT BLK 14 LOT SIZE 13300 SQUARE FEET FLORIDA REAL ESTATE DECISIONS, INC. 8 09-4025-028-1930 DENTAL PROFESSIONAL GROUP INC 6900 SW 59 PL 6900 SW 59 PL TOWNSITE OF LARKINS PB 2-105 MIAMI FL 33143 LOTS 1 & 2 BLK 15 LOT SIZE 50.500 X 120 09-4025-028-2060 ALAN D MOBLEY TR 5887 SW 70 ST P 0 BOX 43-1458 25 54 40 SOUTH MIAMI FL 33243-1458 TOWNSITE OF LARKINS PB 2-105 LOTS 1 THRU 6 & LOTS 36 THRU 43 BLK 16 LOT SIZE SITE VALUE 09-4025-028-2070 CITY OF SOUTH MIAMI 5890 SW 69 ST 6130 SUNSET DR TOWNSITE OF LARKINS PB 2-105 SOUTH MIAMI FL 33143-5040 LOTS 7-8-9 & 30 THRU 35 BLK 16 LOT SIZE 225 .000 X 138 09-4025-028-2080 CHAR-BETT INC 5927 SW 70 ST 1055 PONCE DE LEON BLVD TOWNSITE OF LARKINS BELLEAIR FL 34616 PB 2-105 LOTS 10 THRU 29 LESS N5FT OF LOTS 10 THRU 17 & LESS W5FT OF LOTS 17 THRU 27 BLK 16 US POSTAL SERVICE LESSEE LOT SIZE 61740 SQ FT 09-4025-063_ -0010 DADE COUNTY 5949 SW 68 ST HUD 25 54 40 3 .26 AC PB 102-19 1401 NW 7 ST BLDG C UNIVERSITY GDNS SUB NO 3 MIAMI FL 33125-3601 TRACT 'C' LOT SIZE 123554 SQ FT 09-4025-063-0020 DADE COUNTY 5961 SW 68 ST HUD 25 54 40 3 . 33 AC PB 102-19 1401 NW 7 ST BLDG C UNIVERSITY GDNS SUB NO 3 MIAMI FL 33125-3601 TRACT 'D' LOT SIZ2 126207 SQ FT FLORIDA REAL ESTATE DECISIONS, INC. 9 09-4025-063-0030 DADE COUNTY 6111 SW 66 TERR HUD 25 54 40 3 .22 AC PB 102-19 1401 NW 7 ST BLDG C UNIVERSITY GDNS SUB NO 3 MIAMI FL 33125-3601 TRACT 'E' LOT SIZE 122038 SQ FT 09-4025-063-0040 DADE COUNTY 6121 SW 68 ST HUD 25 54 40 2 .5 AC PB 102-19 1401 NW 7 ST BLDG C UNIVERSITY GDNS SUB NO 3 MIAMI FL 33125-3601 TRACT 'F' LOT SIZE 94750 SQ FT 09-4025-064-0001 REFERENCE ONLY LEE PARR APTS CO-OP DESC UNIVERSITY GARDENS SUB NO 2 PB 93-3 TRACTS A & B 09-4025-070-0001 REFERENCE ONLY LARKIN PROFESSIONAL PLAZA CONDO DESC LARKIN CENTER PB 27-67 LOT 1-2-3 BLK 2 09-4025-070-0010 SOMMER & BRAND ASSOCIATES 6140 SW 70 ST 2 6140 SW 70 ST UNIT 2 LARKIN PROFESSIONAL PLAZA CONDO SOUTH MIAMI FL 33143-3419 UNIT 2 UNDIV 50% INT IN COMMON ELEMENTS OFF REC 12808-1707 09-4025-070-0020 KENDALL DIAGNOSTIC CNTR WOMEN 6140 SW 70 ST 3 % SAGER 6129 SW 70 ST LARKIN PROFESSIONAL PLAZA CONDO MIAMI FL 33143 UNIT 3 UNDIV 50% INT IN COMMON ELEMENTS OFF REC 12808-1707 FLORIDA REAL ESTATE DECISIONS, INC. 10 C ONDOM=N I UMS 09-4025-064-0001 REFERENCE OilLY LEE PARK APTS CO-OP DESC UNIVERSITY GARDENS SUB NO 2 PB 93-3 TRACTS A & B 09-4025-064-0010 TERRY & ANGELA ROBINSON 6171 SW 69 ST 6171 SW 69 ST UNIT 1-1 LEE PARK APTS CO-OP MIAMI FL 33143-3416 UNIT 1-1 UNDIV . 8715% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0020 RUBY JACKSON 6169 SW 69 ST 6169 SW 69 ST LEE PARK APTS CO-OP MIAMI FL 33143-3416 UNIT 2-1 UNDIV . 8119% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0030 LORINE GIBSON 6167 SW 69 ST 6167 SW 69 ST LEE PARK APTS CO-OP SOUTH MIAMI FL 33143-3416 UNIT 3-1 UNDIV . 8715% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B -- 09-4025-064-0040 JOSIE VERGIS 6165 SW 69 ST 6165 SW 69 ST UNIT 4-1 LEE PARK APTS CO-OP MIAMI FL 33143-3416 UNIT 4-1 UNDIV . 8119% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0050 ROBERT MCWILLIAMS 6163 SW 69 ST 6163 SW 69 ST LEE PARK APTS CO-OP SOUTH MIAMI FL 33143-3416 UNIT 5-1 UNDIV . 8715% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B FLORIDA REAL ESTATE DECISIONS, INC. 1 } 09-4025-064-0060 WILLIE TOMPKINS &W LINDA 6161 SW 69 ST 6161 SW 69 ST LEE PARK APTS CO-OP SOUTH MIAMI FL 33143-3416 UNIT 6-2 UNDIV . 8715% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0070 JEANETTE CARMICHAEL 6159 SW 69 ST 6159 SW 69 ST #7-2 LEE PARK APTS CO-OP MIAMI FL 33143-3416 UNIT 7-2 UNDIV . 9128% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0080 PRESADIEU FRANCINOR 6157 SW 69 ST 6157 SW 69 ST LEE PARK APTS CO-OP SOUTH MIAMI FL 33143-3416 UNIT 8-2 UNDIV . 8119% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B r 09-4025-064-0090 LEWIS GAVINS 6155 SW 69 ST 6155 SW 69 ST UNIT 9-2 LEE PARK APTS CO-OP MIAMI FL 33143-3416 UNIT 9-2 UNDIV . 8715% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0100 JOSEPH VOLTAIRE 6153 SW 69 ST 6153 SW 69 STREET UNIT 10-2 LEE PARK APTS CO-OP SOUTH MIAMI FL 33143-3416 UNIT 10-2 UNDIV . 9128% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0110 DEBRA CHESTER 6151 SW 69 ST 6151 SW 69 ST #11-2 LEE PARK APTS CO-OP MIAMI FL 33143-3416 UNIT 11-2 UNDIV . 8119% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B FLORIDA REAL ESTATE DECISIONS, INC. 2 09-4025-064-0120 EIDA HARRIS 6149 SW 69 ST 6149 SW 69 ST UNIT 12-2 LEE PARK APTS CO-OP MIAMI FL ,33143-3416 UNIT 12-2 UNDIV . 8715% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0130 JIMMY WILLIAMSON 6162 SW 68 ST 6162 SW 68 ST #13-3 LEE PARK APTS CO-OP MIAMI FL 33143-3414 UNIT 13-3 UNDIV . 8715% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0140 THOMASINA WHITAKER 6160 SW 68 ST 6160 SW 68 ST 14-3 LEE PARK APTS CO-OP SOUTH MIAMI FL 33143-3414 UNIT 14-3 UNDIV . 9128% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0150 MARGARET WILLIAMS 6158 SW 68 ST 6158 SW 68 ST LEE PART APTS CO-OP SOUTH MIAMI FL 33143-2341 UNIT 15-3 UNDIV . 8119% FOR TAX SHARE UNIVERSITY GDNS NO -2 PB 93-3 TRS A & B 09-4025-064-0160 BERNICE LAMBERT 6156 SW 68 ST 6156 SW 68 ST LEE PARK APTS CO-OP SOUTH MIAMI FL 33143-3413 UNIT 16-3 UNDIV . 8715% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0170 FLORINE GAVINS 6154 SW 68 ST 6154 SW 68 ST LEE PARK APTS CO-OP SOUTH MIAMI FL 33143-3414 UNIT 17-3 UNDIV . 9128% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B FLORIDA REAL ESTATE DECISIONS, INC. 3 09-4025-064-0180 BETTY MC COE 6152 SW 68 ST 6152 SW 68 ST LEE PARK APTS CO-OP SOUTH MIAMI FL 33143-3414 UNIT 18-3 UNDIV . 8119% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0190 MATTIE TURNER 6150 SW 68 ST 6150 SW 68 ST LEE PARK APTS CO-OP SOUTH MIAMI FL 33143-3413 UNIT 19-3 UNDIV . 8715% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0200 RUTHA HOLTON 6172 SW 68 ST 6172 SW 68 ST LEE PARK APTS CO-OP SOUTH MIAMI FL 33143-3413 UNIT 20-4 UNDIV . 8715% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0210 ISSAC JONES 6170 SW 68 ST 6170 SW 68 ST LEE PARK APTS CO-OP SOUTH MIAMI FL 33143-3414 UNIT 21-4 UNDIV . 8119% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0220 RUTH HOOD 6168 SW 68 ST 6168 SW 68 ST LEE PARK APTS CO-OP SOUTH MIAMI FL 33143-3414 UNIT 22-4 UNDIV . 8715% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0230 ROBERT HENDERSON 6166 SW 68 ST 6166 SW 68 ST LEE PARK APTS CO-OP MIAMI FL 33143-3414 UNIT 23-4 UNDIV . 8119% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B FLORIDA REAL ESTATE DECISIONS, INC. 4 09-4025-064-0240 HATTIE MAE & LARRY COBB 6164 SW 68 ST 6164 SW 68 ST LEE PARK APTS CO-OP SOUTH MIAMI FL 33143-3413 UNIT 24-4 UNDIV . 8715% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0250 JOAN CARTER 6147 SW 69 ST 7275 SW 166 ST LEE PARK APTS CO-OP MIAMI FL 33157-2515 UNIT 25-5 UNDIV . 8715% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0260 VICTORIA P BRIGHTHAUPT 6145 SW 69 ST 6145 SW 69 ST APT 26-5 .. LEE PARK APTS CO-OP MIAMI FL 33143-3416 UNIT 26-5 UNDIV . 8119% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0270 OCTAVIA HENRY & FRANK CRAWFORD 6143 SW 69 ST 6143 SW 69 ST #27-5 LEE PARK APTS CO-OP SOUTH MIAMI FL 33143-3416 UNIT 27-5 UNDIV . 8715% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0280 LEROY BELLINGER 6141 SW 69 ST 6141 SW 69 ST LEE PARK APTS CO-OP MIAMI FL 33143-3416 UNIT 28-5 UNDIV . 8119% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0290 MARY DAVIS 6139 SW 69 ST 6139 SW 69 ST LEE PARK APTS CO-OP MIAMI FL 33143-3416 UNIT 29-5 UNDIV . 8715% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B FLORIDA REAL ESTATE DECISIONS, INC. 5 09-4025-064-0300 BRENDA HENRY 6137 SW 69 ST 6137 SW 69 ST LEE PARK APTS CO-OP MIAMI FL 33143-3416 UNIT 30-5 UNDIV . 8119% FOR TAX SHARE UNIVERSITY GDrNS NO 2 PB 93-3 TRS A & B 09-4025-064-0310 CAROLYN & WILLIE SMITH 6135 SW 69 ST 6135 SW 69 ST #31-5 LEE PARK APTS CO-OP MIAMI FL 33143-3416 UNIT 31-5 UNDIV . 8715% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0320 ESTHELIME TIMOTE &W DORIS 6121 SW 69 ST 6121 SW 69 ST UNIT 32 LEE PARK APTS CO-OP MIAMI FL 33143-3416 UNIT 32-6 UNDIV . 8715% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0330 JULIA MCFATTEN 6123 SW 69 ST 6123 SW 69 ST LEE PARK APTS CO-OP MIAMI FL 33143-3416 UNIT 33-6 UNDIV . 8119% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0340 ALBERT SMITH 6125 SW 69 ST 6125 SW 69 ST LEE PARK APTS CO-OP MIAMI FL 33143-3416 UNIT 34-6 UNDIV . 8715% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0350 EDELYNE BROWN 6127 SW 69 ST 6127 SW 69 ST UNIT 35 LEE PARK APTS CO-OP MIAMI FL 33143-3416 UNIT 35-6 UNDIV . 8119% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B FLORIDA REAL ESTATE DECISIONS, INC. 6 09-4025-064-0360 DUCAMEL & CAROLYN MICHEL 6129 SW 69 ST 6129 SW 69 ST LEE PARK APTS CO-OP MIAMI FL 33143-3416 UNIT 36-6 UNDIV . 8715% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0370 ROCHEL KING 6131 SW 69 ST 6131 SW 69 ST LEE PARK APTS CO-OP SOUTH MIAMI FL 33143-3416 UNIT 37-6 UNDIV . 8119% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0380 JEAN LARKIN 6133 SW 69 ST 6133 SW 69 ST LEE PARK APTS CO-OP SOUTH MIAMI FL 33143-3416 UNIT 38-6 UNDIV . 8715% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0390 ELIJAH GIBSON &W DORETHA 6107 SW 69 ST 6107 SW 69 ST LEE PARK APTS CO-OP SOUTH MIAMI FL 33143-3433 UNIT 39-7 UNDIV . 8715% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0400 MARY TYSON 6105 SW 69 ST 6105 SW 69 ST LEE PARK APTS CO-OP SOUTH MIAMI FL 33143-3433 UNIT 40-7 UNDIV . 8119% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0410 THAILA C TUCKER 6103 SW 69 ST 6103 SW 69 ST UNIT 41-7 LEE PARK APTS CO-OP MIAMI FL 33143-3433 UNIT 41-7 UNDIV . 8715% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B FLORIDA REAL ESTATE DECISIONS, INC. 7 09-4025-064-0420 GLORIA GAVINS 6101 SW 69 ST 6101 SW 69 ST UNIT 42 LEE PARK APTS CO-OP SOUTH MIAMI FL 33143-3433 UNIT 42-7 UNDIV . 8119% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0430 BONNIE MAE GILLIS 6119 SW 69 ST 6119 SW 69 ST LEE PARK APTS CO-OP SOUTH MIAMI FL 33143-3416 UNIT 43-8 UNDIV . 8715% FOR TAX SHARE UNIVERISTY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0440 JOYCE A COBB 6117 SW 69 ST 6117 SW 69 ST #44-8 LEE PARK APTS CO-OP MIAMI FL 33143-3416 UNIT 44-8 UNDIV . 9128% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0450 PONCE JONES & ORALEE JONES 6115 SW 69 ST 6115 SW 69 ST LEE PARK APTS CO-OP SOUTH MIAMI FL 33143-3416 UNIT 45-8 UNDIV . 8119% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0460 JANIE HANNAH 6113 SW 69 ST 6113 SW 69 ST LEE PARK APTS CO-OP SOUTH MIAMI FL 33143-3416 UNIT 46-8 UNDIV . 8715% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0470 THEODORE & EVA LUE SIMMONS 6111 SW 69 ST 6111 SW 69 ST LEE PARK APTS CO-OP SOUTH MIAMI FL 33143-3416 UNIT 47-8 UNDIV . 9128% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B FLORIDA REAL ESTATE DECISIONS, INC. 8 09-4025-064-0480 NEA FARRINGTON 6109 SW 69 ST 6109 SW 69 ST #48-8 LEE PARK APTS CO-OP MIAMI FL 33143-3433 UNIT 48-8 UNDIV . 8119% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0490 PAMELA MILLER 6122 SW 68 ST 6122 SW 68 ST LEE PARK APTS CO-OP UNIT 49-9 UNIT 49-9 MIAMI FL 33143-3414 UNDIV . 8715% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0500 THELMA DAVIS 6118 SW 68 ST 6118 SW 68 ST LEE PARK APTS CO-OP SOUTH MIAMI FL 33143-3414 UNIT 50-9 UNDIV . 9128% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0510 SHEILA THOMPKIN 6116 SW 68 ST 6116 SW 68 ST #51-9 LEE PARK APTS CO-OP SOUTH MIAMI FL 33143-3414 UNIT 51-9 UNDIV . 8119% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0520 JANICE HILL 6114 SW 68 ST 6114 SW 68 ST APT 52 LEE PARK APTS CO-OP SOUTH MIAMI FL 33143-3414 UNIT 52-9 UNDIV . 9128% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0530 CARRIE J GAVINS 6112 SW 68 ST 6112 SW 68 ST APT 53-9 LEE PARK APTS CO-OP SOUTH MIAMI FL 33143-3414 UNIT 53-9 UNDIV . 8119% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B c FLORIDA REAL ESTATE DECISIONS, INC. 9 09-4025-064-0540 LOU ETTA MC CRAY 6108 SW 68 ST 6108 SW 68 ST LEE PARK APTS CO-OP MIAMI FL 33143-3414 UNIT 54-10 UNDIV . 8715% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0550 CATHERINE WILLIS 6106 SW 68 ST 6106 SW 68 ST LEE PARK APTS CO-OP MIAMI FL 33143-3414 UNIT 55-10 UNDIV . 8119% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0560 JULIA VICKERS 6104 SW 68 ST 6104 SW 68 ST LEE PARK APTS CO-OP MIAMI FL 33143-3414 UNIT 56-10 UNDIV . 8715% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0570 MAE WELLS 6102 SW 68 ST 6102 SW 68 ST UNIT 57-10 LEE PARK APTS CO-OP MIAMI FL 33143-3414 UNIT 57-10 UNDIV . 8119% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0580 TERRI LYNN VICKERS 6100 SW 68 ST 6100 SW 68 ST #58-10 LEE PARK APTS CO-OP MIAMI FL 33143-3414 UNIT 58-10 UNDIV . 8715% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0590 FAYE MCKENNY 6022 SW 68 ST 6022 SW 68 ST LEE PARK APTS CO-OP MIAMI FL 33143-3412 UNIT 59-11 UNDIV . 8715% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B FLORIDA REAL ESTATE DECISIONS, INC. 10 09-4025-064-0600 RUDCIE BRYANT &W ALMA 6020 SW 68 ST 6020 SW 68 ST LEE PARK APTS CO-OP MIAMI FL 33143-3412 UNIT 60-11 UNDIV . 8119% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0610 JOHNNY JACKSON 6018 SW 68 ST 6018 SW 68 ST LEE PARK APTS CO-OP MIAMI FL 33143-3412 UNIT 61-11 UNDIV . 8715% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0620 FLEURIMOND MICHEL 6016 SW 68 ST 6016 SW 68 ST APT 62-11 LEE PARK APT9 CO-OP MIAMI FL 33143-3412 UNIT 62-11 UNDIV . 8119% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0630 LARRY & JACQUELINE COREY 6014 SW 68 ST 6014 SW 68 ST LEE PARK APTS CO-OP MIAMI FL 33143-3412 UNIT 63-11 UNDIV . 8715% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0640 MARK & MARY CORKER 6012 SW 68 ST 6012 SW 68 ST APT 64 LEE PARK APTS CO-OP MIAMI FL 33143-3412 UNIT 64-12 UNDIV . 8715% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0650 LILLIAN MONLYN 6010 SW 68 ST 6010 SW 68 ST #65-12 LEE PARK APTS CO-OP MIAMI FL 33143-3412 UNIT 65-12 UNDIV . 9128% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B FLORIDA REAL ESTATE DECISIONS, INC. 11 09-4025-064-0660 LOUISE DOWLING 6008 SW 68 ST 6008 SW 68 ST LEE PARK APTS CO-OP MIAMI FL 33143-3412 UNIT 66-12 UNDIV . 8119% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0670 VELMA BREEDLOVE 6006 SW 68 ST 6006 SW 68 ST UNIT 67-12 LEE PARK APTS CO-OP MIAMI FL 33143-3412 UNIT 67-12 UNDIV . 8715% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0680 ULUS GIBBS &W JULIA M 6004 SW 68 ST 6004 SW 68 ST LEE PARK APTS CO-OP MIAMI FL 33143-3412 UNIT 68-12 UNDIV . 9128% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0690 KIMONE JARRETT 6002 SW 68 ST 6002 SW 68 ST #69-12 LEE PART APTS CO-OP MIAMI FL 33143-3412 UNIT 69-12 UNDIV . 8119% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0700 LEEANNA SOWELLS & 6000 SW 68 ST DIONNE RUSSELL LEE PARK APTS CO-OP 6000 SW 68 ST UNIT 70-12 UNIT 70-12 MIAMI FL 33143-3412 UNDIV . 8715% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0710 MINNIE SHIRLEY BAXTER 6013 SW 69 ST 6013 SW 69 ST APT 71-13 LEE PARK APTS CO-OP MIAMI FL 33143-3415 UNIT 71-13 UNDIV . 8715% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B FLORIDA REAL ESTATE DECISIONS, INC. 12 09-4025-064-0720 BARBARA MONTGOMERY 6011 SW 69 ST 6011 SW 69 ST LEE PARK APTS CO-OP MIAMI FL 33143-3415 -NIT 72-13 UNDIV . 9128% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0730 VELMA WILLIAMS 6009 SW 69 ST 6009 SW 69 ST UNIT 73-13 LEE PARK"APTS CO-OP MIAMI FL 33143-3415 UNIT 73-13 UNDIV . 8119% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0740 DELORIS THOPKINS 6007 SW 69 ST 6007 SW 69 ST LEE PARK APTS CO-OP MIAMI FL 33143-3415 UNIT 74-13 UNDIV . 8715% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0750 DOROTHY GODBOLT 6005 SW 69 ST 75 6005 SW 69 ST LEE PARK APTS CO-OP MIAMI FL 33143-3415 UNIT 75-13 UNDIV . 9128% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0760 DANEY & FELICIA WILLIAMS 6003 SW 69 ST 6003 SW 69 ST #76-13 LEE PARK APTS CO-OP SOUTH MIAMI FL 33143 UNIT 76-13 UNDIV . 8119% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-.064-0770 BEVERLY GERALD 6001 SW 69 ST 6001 SW 69 ST #77-13 LEE PARK APTS CO-OP MIAMI FL 33143-3415 UNIT 77-13 UNDIV . 8715% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B FLORIDA REAL ESTATE DECISIONS, INC. 13 09-4025-064-0780 GERALDINE WILLIAMS 6023 SW 69 ST 6023 SW 69 ST LEE PARK APTS CO-OP MIAMI FL 33143-3415 UNIT 78-14 UNDIV . 8715% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0790 JOYCE D OUTTEN 6021 SW 69 ST 6021 SW 69 ST UNIT 79-14 LEE PARK APTS CO-OP MIAMI FL 33143-3415 UNIT 79-14 UNDIV . 8119% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0800 VERDELL THOMPSON 6019 SW 69 ST 6019 SW 69 ST LEE PARK APTS CO-OP MIAMI FL 33143-3415 UNIT 80-14 UNDIV . 8715% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0810 EUGENIE PAULIN 6017 SW 69 ST 6017 SW 69 ST LEE PARK APTS CO-OP MIAMI FL 33143-3415 UNIT 81-14 UNDIV . 8119% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0820 PAULINE THOMPSON 6015 SW 69 ST 6015 SW 69 ST LEE PARK APTS CO-OP SOUTH MIAMI FL 33143-3415 UNIT 82-14 UNDIV . 8715% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0830 LILLIAN PATTERSON 5997 SW 69 ST 5997 SW 69 ST LEE PARK APTS CO-OP MIAMI FL 33143-3536 UNIT 83-15 UNDIV . 8715% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B FLORIDA REAL ESTATE DECISIONS, INC. 14 09-4025-064-0840 ALBERT WILL-LAMS 5995 SW 69 ST 5995 SW 69 ST UNIT 84-15 LEE PARK APTS CO-OP MIAMI FL 33143-3536 UNIT 84-15 UNDIV . 8119% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0850 LORINE FELTON 5993 SW 69 ST 5967 SW 69 ST APT 85-15 LEE PARK APTS CO-OP SOUTH MIAMI FL 33143 UNIT 85-15 UNDIV . 8715% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0860 ROBERT LITMON 5991 SW 69 ST 5991 SW 69 ST LEE PARK APTS CO-OP MIAMI FL 33143-3536 UNIT 86-15 UNDIV . 8119% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0870 CHARLES DAVIS 5989 SW 68 ST 5989 SW 68 ST LEE PARK APTS CO-OP MIAMI FL 33143-3523 UNIT 87-15 UNDIV . 8715% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B . 09-4025-064-0880 PANSY JENKINS 5987 SW 69 ST 5987 SW 69 ST #88-15 LEE PARK APTS CO-OP SOUTH MIAMI FL 33143-3536 UNIT 88-15 UNDIV . 8119% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0890 ELLEN GANDY 5985 SW 69 ST 5985 SW 69 ST UNIT 89-15 LEE PARK APTS CO-OP MIAMI FL 33143-3536 UNIT 89-15 UNDIV . 8715% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B FLORIDA REAL ESTATE DECISIONS, INC. 15 J 09-4025-064-0900 JANICE OWENS 5971 SW 69 ST 5971 SW 69 ST LEE PARK APTS CO-OP MIAMI FL 33143-3525 UNIT 90-16 UNDIV . 8715% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0910 VALERIE GANDY 5973 SW 69 ST 5973 SW 69 ST #91-16 LEE PARK APTS CO-OP MIAMI FL 33143-3525 UNIT 91-16 UNDIV . 8119% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0920 ELAINE BUTLER 5975 SW 69 ST 5975 SW 69 ST LEE PARK APTS CO-OP SOUTH MIAMI FL 33143-3536 UNIT 92-16 UNDIV . 8715% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0930 CHARISSE THOMAS 5977 SW 69 ST 5977 SW 69 ST UNIT 93-16 LEE PARK APTS CO-OP SOUTH MIAMI FL 33143-3536 UNIT 93-16 UNDIV . 8119% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0940 JAMES & GLORIA WILCOX 5979 SW 69 ST 5979 SW 69 ST LEE PARK APTS CO-OP SOUTH MIAMI FL 33143-3536 UNIT 94-16 UNDIV . 8715% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0950 DENNIS WILCOX 5981 SW 69 ST 5981 SW 69 ST UNIT 95 LEE PARK APTS CO-OP SOUTH MIAMI FL 33143-3536 UNIT 95-16 UNDIV . 8119% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B FLORIDA REAL ESTATE DECISIONS, INC. 16 09-4025-064-0960 WOODIE GODBOLT 5983 SW 69 ST 5983 SW 69 ST LEE PARR APTS CO-OP SOUTH MIAMI FL 33143-3536 UNIT 96-16 UNDIV . 8715% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0970 YVETTE & YVONNE LOVE 5957 SW 69 ST 5957 SW 69 ST UNIT 97-17 LEE PARK APTS CO-OP MIAMI FL 33143-3525 UNIT 97-17 UNDIV . 8119% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0980 GLORIA EVINS 5955 SW 69 ST 5955 SW 69 ST LEE PARK APTS CO-OP SOUTH MIAMI FL 33143-3525 UNIT 98-17 UNDIV . 8715% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-0990 ELIZER CLARINGTON 5953 SW 69 ST 5953 SW 69 ST APT 99-17 LEE PARK APTS CO-OP SOUTH MIAMI FL 33143-3525 UNIT 99-17 UNDIV . 8119% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-1000 FELICIA HOLTON 5951 SW 69 ST 5951 SW 69 ST UNIT 100-17 LEE PARK APTS CO-OP SOUTH MIAMI FL 33143-3525 UNIT 100-17 UNDIV . 8715% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-1010 LESLIE RICHARDSON 5969 SW 69 ST 5969 SW 69 ST UNIT 101-18 LEE PARK APTS CO-OP SOUTH MIAMI FL 33143-3525 UNIT 101-18 UNDIV . 8715% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B FLORIDA REAL ESTATE DECISIONS, INC. 17 09-4025-064-1020 WILLARD SWAIN 5967 SW 69 ST 5967 SW 69 ST LEE PARK APTS CO-OP MIAMI FL 33143-3525 UNIT 102-18 UNDIV . 9128% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-1030 MARY BARR 5965 SW 69 ST 5965 SW 69 ST LEE PARK APTS CO-OP SOUTH MIAMI FL 33143-3525 UNIT 103-18 UNDIV . 8119% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-1040 LILIE JEFFERSON 5963 SW 69 ST 5963 SW 69 ST UNIT 104-18 LEE PARK APTS CO-OP SOUTH MIAMI FL 33143-3525 UNIT 104-18 UNDIV . 8715% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-1050 NOEL N BAILEY &W JOSEPHINE 5961 SW 69 ST 5961 SW 69 ST UNIT 105-18 LEE PARK APTS CO-OP SOUTH MIAMI FL 33143-3525 UNIT 105-18 UNDIV . 9128% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-1060 ANGELA SMITH 5959 SW 69 ST 5959 SW 69 ST #1:06-18 LEE PARK APTS CO-OP SOUTH MIAMI FL 33143-3525 UNIT 106-18 UNDIV . 8119% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-1070 SONYA JOHNSON 5970 SW 68 ST 5970 SW 68 ST UNIT 107-19 LEE PARK APTS CO-OP SOUTH MIAMI FL 33143-3549 UNIT 107-19 UNDIV . 8715% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B FLORIDA REAL ESTATE DECISIONS, INC. 18 1 i 09-4025-064-1080 BERNICE ELLIS 5968 SW 68 ST 5968 SW 68 ST LEE PARK APTS CO-OP SOUTH MIAMI FL 33143-3549 UNIT 108-19 UNDIV . 9128% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-1090 CHRISTINE HARRIEL 5966 SW 68 ST 5966 SW 68 ST UNIT 109-19 LEE PARK APTS CO-OP SOUTH MIAMI FL 33143-3549 UNIT 109-19 UNDIV . 8119% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-1100 GODFREY THOMPKINS 5964 SW 68 ST 5964 SW 68 ST APT 110-19 LEE PARK APTS CO-OP SOUTH MIAMI FL 33143-3549 UNIT 110-19 UNDIV . 8715% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-1110 CLARENCE GURLEY 5962 SW 68 ST 5962 SW 68 ST LEE PARK APTS CO-OP SOUTH MIAMI FL 33143-3549 UNIT 111-19 UNDIV . 9128% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-1120 FLORINE POOLE 5960 SW 68 ST 5960 SW 68 ST LEE PARK APTS CO-OP SOUTH MIAMI FL 33143-3549 UNIT 112-19 UNDIV . 8119% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-1130 MAE BELL BLUNT 5958 SW 68 ST 5958 SW 68 ST LEE PARK APTS CO-OP SOUTH MIAMI FL 33143-3549 UNIT 113-20 UNDIV . 8715% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B FLORIDA REAL ESTATE DECISIONS, INC. 19 � 1 09-4025-064-1140 JERRY GODBOLT 5956 SW 68 ST 5956 SW 68 ST UNIT 114-20 LEE PARK APTS CO-OP SOUTH MIAMI FL 33143-3549 UNIT 114-20 UNDIV . 8119% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-1150 EDNA DAVIS 5954 SW 68 ST 5954 SW 68 ST UNIT 115-20 LEE PARK APTS CO-OP SOUTH MIAMI FL 33143-3524 UNIT 115-20 UNDIV . 8715% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-1160 TANGELA HOLLINGSHED 5952 SW 68 ST 5952 SW 68 ST LEE PARK APTS CO-OP SOUTH MIAMI FL 33143-3524 UNIT 116-20 UNDIV . 8119% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A & B 09-4025-064-1170 BERNICE LITMON 5950 SW 68 ST 5950 SW 68 ST LEE PARK APTS CO-OP SOUTH MIAMI FL 33143-3524 UNIT 117-20 UNDIV . 8715% FOR TAX SHARE UNIVERSITY GDNS NO 2 PB 93-3 TRS A -& B ...... FLORIDA REAL ESTATE DECISIONS, INC. 20 UN 0' loo xoo' loo / Z%1 rf p b s xoe boo GARDENS ' w r ^ _ i tt' teo' (103-47) iro /N 4 s 43' 5-3 a ' 4 �JI 47 se 41' * 0� ieo - V J N J y a• .n tt $sg. 4s J '" . ju a to tea' dl c ` RE TWcz- 1 Nit Il 1 PT a S.Wmi ERA S • 1 294' a i so NUNN,g G t� TRACT-O" W. -7 tb�ST. �i1E �� q54• , TRACT"F"y%� �� J RM - 1 7 _1 ` TRACT C' o m ac z:lo' .Y r l fY yi• 94,a 42 9.98 434-78' 1 uNIVE'RSM GARDENS / as :�;�. .z5 SuB ►b.2 (93-3) s n.e r TRACT �^ TR T AC 1 l u two. r �� 0 R -� 18 r I �f4 4 � •� �7A v.2S� 4 4 n o ; 429416' 434. E' x.. (sf•4)AI Sc RRACG So So 5• ���e �s so i 11 a e f 5'abMet` ubB�Ct a1 0 -",1 o Oe o.Go f k i5. Am ., h RO � •,R., o ,��s. 5 m r i I ® So so y *• �'® l v loa 59 Z sw sr S f d'I CT l mo Troc - : , a •, / 5 ® . CIO. .a •, � �p/ � 50 w =3 JP,ILih-styleApartmentCommun ides,, P City of South Miam m SAT . IlVOIGEN IDES�RIPION + {NVOICE AMA OUNT pEDUCTIQN; BALANCE , ;. 6-30-00 88139-2000 Filing Fee/UCF II 20000.00 .00 20000.00 i 0 o 0 z m z C m Q m ` 0 DATE K 7-05-00 NUMBER 90760 TOTAL> 20000 .00 .00 20000 .00 PLEASE DETACH AND RETAIN FOR YOUR RECORDS USE WITH s-0-l1PANION ENVELOPE 044-005 i " O O R O r o • w. o o Z 0 U O O o ON N O 4 Q..* m, N w # ! sib p Y c j O Q M O p c (A >> d Oz O J :w, z Y c0 of U w y x W O ;a x U O Q Lll .. 00 O y c O' 1 Zy O o m N rY1 0= O 0 C Os O O U m N Cl p O w Wy O p `U N O j r Lo C 0 Tp N O Q O 0 Yz ti rn O # Q to O Lo >1 A W U „ a Fa- zz ''� O H 0 Q C CQ z W O a• o O a: \ w rf1 CAM o w a. rn p F- Y 0) :3 r14 tl Y m b * r LEI On n O C z` o U z N y ** co >_ J O CN cr rn 0 cu 00 111 Q n O ti O O a..; O * O * 0 co U) o M 4i 0' 0 w *k r V QO T =w }0q ti CL (L00 y t V CITY OF SOUTH MIAMI PLANNING & ZONING DEPARTMENT a DATE: 6-�7 c2 CHECK NO.: 9 7 PROJECT N ME: ADDRESS:L12 1 PHONE NO: 03.41.300 ERPB HEARING FEES ($450;$350;$150;$50) 03.41.300 DUMPSTER/CONSTRUCTION TRAILER AGREEMENT(#25.00) 03.41.300 NEWSRACK APPLICATION FEE ($50.00) r [Plus$10.00 per Newsrack] 03.41.300 OUTDOOR DINING/SEATING PERMIT ($250.00) 03.41.300 TEMPORARY SIGN PERMIT ($35/each time) : ❑1"Issuance; Renewals: ❑ 2"a ❑ 3' =. 03:41:300 TREE REMOVAL PERMIT ($40.00) f 03.41.300 SIDEWALK SALES ($35/each time) 02.19.161 ZONING LEGAL ADVERTISING ($1,000) 0 :41:200` ZONING HEARING ADMIN FEES($ 500) [VARIANCES,SPECIAL USE PERMITS,CLOSING OF PUBLIC RIGHTS-OF-WAY,AND WAIVER OF ROW IMPROVEMENTS 02.19.161 ADMINISTRATIVE WAIVER ADS ($100) 63.41.200 ADMINISTRATIVE WAIVER FEE ($150) 02.19.161 REZONING APPLICATIONS 5 % + ($13,500) �l 02.19.161 COMPREHENSIVE PLAN AMEND ($20,000) 02.19.161 PUD/MAJOR CHANGE LEGAL ADS ($1,000) 03.41.200 PUD/MAJOR CHANGE ADMIN FEE ($2,000) 03.41.200 PUD MINOR CHANGE ADMIN FEE ($1,000) 03.41:200 WAIVER-OF-PLAT APPLICATION ($1,000) 03:41:400 REQUEST FOR MICROFILM RESEARCH ($25.00) 03.41.400 MICROFILM REPRODUCTION ($15.50/and) 02.19:162 MICROFILM REPRODUCTION ($ 9.50/each) 02.19.162 BLUEPRINT MAPS AND OTHER MAPS [Zoning Maps,City Official Maps,Future Land Use Maps,G.I.S.Mapsl 03.69.920 LDC, COMP PLAN & ALL PHOTOCOPIES IS 0.15 per single-side copy;$0.20 per double-sided copy] TOTAL Jf 02.19.162 Blueprints and Other Maps: 03.69.920 LDC, Comp Plan, Photocopies: Small Zoning Map $2.67(Tax Included) Land Development Code $53.25(Tax Included) Small Official City Map $2.67(Tax Included) Comprehensive Plan $33.55(Tax Included) Large Official City Map $3.73 (Tax Included) Hometown Regulations $ 4.47(Tax Included) Land Use Color Map $4.26(Tax Included) Census Data Packet $ 2.40(Tax Included) Custom G.I. S. Map $10.00(Tax Included) All Charrette Booklets FREE (No charge at all) White copy to Planning;Pink copy to Customer; Yellow copy to Finance Rev.03-00 City of South Miami 6130 Sunset Drive,South Miami, Florida 33143 June 7, 2000 Mr. Ken Metcalf Community Program Administrator Bureau of Local Planning Department of Community Affairs 2555 Shumard Oaks Blvd. Tallahassee, FL. 32399-2100 Dear Mr. Metcalf: This communication is a follow up to our June 5, 2000 conversation'concerning future land use map amendments in the City of South Miami. The attached maps (FLUM; Zoning) both indicate the location of a 2.68 acre site proposed for 193 units of affordable student housing resulting in a density of 72 units per acre..Due to the density of the project a FLUM (Future Land Use Map) amendment from Mixed Use Commercial- Residential (24 units per acre max.)to TODD (no limits on density) is required. To be eligible to follow the small-scale amendment procedures for this project it appears that a text amendment to the Comprehensive Plan must be processed at the same time as, or in advance, of the FLUM amendment.. The text amendment would designate the subject block as being part of the Redevelopment Infill District , as shown on p.76 of the City's Comprehensive Plan.(Copy attached). This office would appreciate DCA's preliminary comments on the following aspects of the potential development described: 1) The expansion of the RID to include this site, allowing for a small-scale amendment process; 2)A FLUM amendment to include this site in the TODD Land Use Category; r "City of Pleasant Living" Page 2 Your comments would greatly assist this Department to respond appropriately to this proposal. Please feel free to call me (305-663-6344)or Sandy Youkilis(305-663-6325) . Since y Subr asu, Assistant City Manager/Planning Director Enclosures(3) f - U � J r 77 Mj a .� _ -- -- rA- -�� - r �-- ib _ 7. it-..— ��•'.--+'-I;� `I -i.�.��, y�-.. :�. .._ -- �_ ♦ \ �'�y M:'•_� I� "��__— � � L Now IP LO_ =. t II `rte Qy I F.r �._ice`- '_ L U.,,��. S`•� .•_-'1�� _ � tl. _ t 1 � ■F lw.�■VFYt�� ► • ����d��S69�E @fit � e►.� 1 _ .,. . p.. it7 AL ski ,. ..� a .,IIIIIIIII it I I ENNIS - ' � ulllliililllllllllll;�Il�� � Oil e� � III �I Illl,�lllllllllicilili!Ilei! �#� �� • ®����' .` -� � •• I I��I ;9uillEiEllllllllll��llllllll!lIIIIlllliiol, goo, . ., . �IIIIIIIII�! III, I lfl!Il1tIlIl�lf; IliySlfl:l�dlllllllIlIiIl IIIIiIII!' illlil; . I�Ii.lilll.11nl.eldl I I'llllillilllillllllll8 l ra --�� 1 •• : lullll�,iIIII,S�t , ,. . ,. ' �.•�II�I�,l ��I�I� lulllll,lalh►IIIILJIIIIillllllllllllf� Imo', - 111111"i Iliillltdlulllllll�illlllulll illlillll� lill.�►�lit.lt ILIA I . I i - 511111111111 i I I I I I I I ■�� �, � r I I I!!'1111 IN.I !I N I;yl �i , I lleulellldlleu a Hill!! �It,,lil�! � ; I dl�I� I I I,'+►s,��� . +I II � I!! � I � II I' Illfil I�II.I'u 1 . : lull IIIIIIIdil6dlulll !„ , IIII' IIlllt!lll�l�l�illlllll e .A I{ �luililil ulllllll. e t „I ,l � � . •- I � ,�nss � � q ul,ltllllll III I II I IIIIIII;Ie�lllll ,,Ild ,t�i9 ti,Iii ; Iilull I h ! I!!' I I II II�I'lulll '6II�!I I le e;lllll Ile e y �Ilod t I !! I n�s�ou III�IIHIIII I I III �' III�l�IIIIII'lllll:1:311111 I. a IIIIIC.I:lIIII r ! ... III un: ��c1�tlel:!iil . �._ — �, • . . •���l,.I.�lll.�:,l.l,ll�l.l t to i. .� I I:: ►I I 1111111 -�1,, 1 I :l....�1. I illi��luiillulpquill. i llllllllllllle�ell.11.i. Illlllll,;�l�l�illllllllilll .t..,ne.e..eee , 1ee I,,I ., �� �„ ,• 'I. � �. � � I u,lal�u� ullt.0 Ipm II>,11111 , �I�'llil:l:t{IIIE,IlIII,, I I,It;u a I,l,Ilul► Illlllp �,, � , I � � , ,, , Ill! � Ill!Ilgilll IJII II III�II!'".!null��IIIIII�I�IIIIIIIIII;IIIIIIIII IIIIIFI � ,, �i .II 1 111111 `I`p am illy 1111 ::: ,1 1 t I ■ I I ! IIhII II Ilel�lllllll 1 Illlui II � � � U., I IIllfllulli 1C III, hill III �IIIflttE•tllllll IIIIIIJ,IIIIIIII , �� i III l:�l' I i! I ► 1 IIII•II, , ■�� � QI ��, III III �I IIIII IIIIpGhllllfd � 1 �� �, ;; ' � _ ,Iil l ;Ipl..�.� ,. ; • � I I IIII l�IIII IIIIPIIIIIIIIdI� 111111 11111E I�IIIIIIIIIII IIUIU Illlu� MAI I III 1. Ile I I,IIIIIIU MEN Figure 2.10(96-1 ER) Redevelopment and Infill District and Transit-Oriented Development District ACT"ST Fes]�`•�r---r „ H ,� 11 if SH d I� 36TH ST [� tullry C YY,4, 0,. aaEaouer ] I 64TH ST. Hven oa b rno 10TH ST. o.m , ry uU nnn J t 1 =====a Redevelopment and Infill District Boundaries [Amendment 95-11 - Transit-Oriented Development District (Amends c., 95-21 Municipal Boundaries Element 2 Page Number 76 ... 0 . . Turt CURTIS & KIMBALL `S( COMPAIg ': . •: •' � . . . . . . . . . . .... ..... ... .... Letter of Trarism}ttal .... . ..... . ... . .... Date: July 7, 2000 To: Subrata Basu City of South Miami FROM: Rob Curtis The Curtis&Kimball Company Regarding: JPI-Student Housing/TODD Comprehensive Plan Amendment Message: Please see attached. t Til�r g JILL - % 2000 Community & Natural Resource Planning Consensus Building•Regulatory Approvals 4101 Laguna Street Coral Gables, Florida 33146 (305) 648-0050/(305)648-0052 Fax rcurtis®curtiskimball.com ackmurle}@curtiskimball.com J28A %%-ww.hera1d.00M THURSDAY,AUGUST 17,2000 NATIONAL NEWS • h hsiness TROPICAL STORM ALBERTO Northeast coin shorta e Can in wa is done g g g y � q . . i - ,' �;,gx �Sh� g�� � � [�3 � y, - g. �� �z 3s g •a.��5�` ��y�,.,� � �g91 From Herald Wire-Services The,shortage is'blamed on Fleet ` Bank. whichias' ber of smaller transactions and k , .. free-spending'vacationers and branches from Maine toew getting change," Fleet Spokes- EAST HAVEN, Conn. — A on people who are collecting Jersey, notified custoers man Dennis Schain said."It's a coin shortage has some East the new state commemorative about a shortage of coins i e- recent seasonal phenomenon." g ,P P Coast stores asking customers: ' quarters instead o'f spending cially pennies starting inid- The commemorative,quar- Tropical Can ou,s are a dime? Ora them 3 � Y P ' July. There was a paucl of ters are'being issued in the � �� �� � �' � , ���: Wednesday, Storm Alberto quarter?Or some pennies?" The shortage is showing up , pennies and other coinlast order that the states joined the Some stores are asking cus- around the country but is par- . summer;too. Union,so all.the first ones have .tomers for exact change and ticularly noticeable on the East "Maybe it's the large n�er .featured East Coast states.The banks' are shuffling coins Coast,according to the Federal of people traveling;anion U.S. Mint estimates that 100 around to fill orders. Reserve. vacation,making a large dim- million to 160 million people will collect the special-edition h ......tay: quarte ,whi h will have a dif- x .: rs c ve ? ferent design for each of the 50 Approaching a third week of life,Tropical TROPICAL STORM ALBERTO fi N'x €.<.'•:" states. Storm Alberto still looped through the Latitude , 33.2'N i. ''�"�`" '. E FIRST 1N . .L1' N-E, ,' T he Federal Reserve is North Atlantic.The storm was born Aug. Longitude 44:2°W 4 has never touched land and— working to ease 'the coin Time' ' 11 P.M. ..._..,v You can have our name at the to " F :'<;:=:<::N>>:' y Of the IISt Of teachers crunch on acase-b -case basis: ` amazingly—is expected to return to Wind 50 mph-. i The eak season for coins hurricane strength.`Alberto is now the Movement, 13.mph Interested in receiving corporate-sponsored newspa ers and P third longest-lasting tropical cyclone in b. p probably will continue until Direction WSW n' 1900 m nth f August since the o 0 curriculum guides for use in your classroom during the entirl Labor Day; said Thomas�Lav- g From Miami 2,227 miles forecaster James Franklin said. school year. Just complete.the coupon below, and send t elle, a Fed spokesman in Bos- From the Azores 930 miles p p p• Forecasters also monitored a system east ton. r th latest visit islands hat Id Fo e. ' f the t could We have an ebb and flow The Herald Online a'"' The.Mlaml Herald�NlE'. THE MIAMI HERAI) like this-that comes from time become atropical depression today. on the Net:heraldcom. EL NUEVO HERA� I One Herald bza `>.:,. to`time and we do our best t0 MAA081700 THE HERALD M1 ) manage it he said. aml, FL 33132-1'693 . Fleet has advised business Inmate has rQmor p formutder'. v i- Or Phone: (305) 376-3247 ri keep in theirosin tead �. E-Mail: 'nie @hL-rald.com of depositing them. The bank , Fax: (305)•376-8969: NEWSPAPER IN! also has warned customers not HUNTSVILLE,` Texas — in a telephone call to The.Asso s; G,,�----------- to order additional 'coins to (AP) — A man who shot and ciafed Press less than an hour Teacher's Name: j compensate for the shortage killed a convenience store clerk before he was strapped to the because increased orders might worried about his victim's'fam- Texas death chamber-gurney cc 'GGrade Level: School Name:N rade worsens the situation. ily in the moments before he 04)" I Federal Reserve Bank of was, executed by.. injection . for killing Mary Francis Davis. •Opal School Address: • Atlanta s okesman Pierce Nel- Wednesday night. Satterwhite, Op',•,� - 'I P' e ,� Y er City: Zip. son said the supply.of coins in .What I want to,say is I have 53, declined. to the Southeast and South Flor- remorse and I'm really -sorry•, make, a final V Phone: E=Mail: ' a ids is sufficient to meet about what happened to that statement in the demand. family," John Satterwhite'said death chamber. ,� Best.Time to Call: I Prison offi- cials c Dd '•generally Pro rams in which .I would be interested: heck !I allow an inmate si I g (check) a few final calls ps i 1 .1 L3 Language Arts ❑ Multicultural ❑ Geography ' ❑ Social Studies to relatives O eration"Green I�eaves, before an exe- SATTERWHITE c.l A❑.Reading ❑ Math ❑ ESOL- ❑ Science ❑ Other: � �� � rlt Presents its 4 Annual . cution, but a call to the media ' from a risoner ,is un rece i Please deliver..` . newspapers each: (circle one) - � - � m �. P. P.�! Fet .Ch * mpet 2000 dented. ,,� Mon Tues Wed'. Thurs Fri Sat Sun to the school during the "I wanted them to knowIt'hat is school year. Newspapers will start the week after we receive this,returned i A Betteftt Concert I hope my.remorse does them good. But would• it help.them OT :'icoupon. If•you wishto o.rder-Sunday:papers fordelivery on Monday; s "Celebrating he Earth"' ' .any? No," Satterwhite said•in 1 check here: ❑ g th the phone call. Saturday August 26 2000 Satterwhite already had,been -p \11.l understand that; in lieu`of payment for my order, l agree.to.sign, date, ,f,:,1 a., 5 - arrested eight times and had J 114 and return an'Order Verification Form that-will be sent to me the week �5�O0 -M 12:00 AW't r, served a prison term for,bur- glary and robbery by assault 4.prior to the end of my order. -Sponsors require these forms to verify hat I ;i � t- f e< y � .. when he was charged wifh:kill- I'l�requested, received and used sponsored new ,I „fThe 1`�arth N° tl S. g ; ,,• q p newspapers and materials,. I in Davis,.s4 on March 12;.1979. y` He had walked -into.the Lone t, i Please sign: Date: 763'0 N 1St Avenue Star Ice•and Food Store in San i -------- I An onto and the guise of b y- -------- - -------- in g o pack of cigarettes and a------------- A d ults $ 12.00 C hll dren $5.00. soft drink—a 79-cent purchase. Kohl Q, Salsa, Rasln, Re ae, Merril Ur°�- Davis was found seated on a' p gg g toilet,, a bullet through each Boukman Eksperyans, ,Ife Ile, temple. 'Satterwhite was the third of i six condemned killers sched- Zarabanda, Lucky Pierre uled to die this month in Texas h Find it all at. .. DJ EPPS, Loray Mistik,,etc and the 29th this year in'the "' nation's busiest death house. For more Iinfo: 305-6449.000 At least ll other Death Row • inmates have lethal-injections ti MIAM11. �. scheduled through the end'of saes'M Mors SQM.i.tlf-• , H£F Y 2000; which could wind up a Hennessy FUL£ qp record year for executions'in t�it��'It �'u�^r�t? � - � •�•' Texas, exceeding the 37 con- z� ° `chefNwmiiirrui� . o�� MAGAZINE ati0 Y� demnd prisoners put to death ttic'ft1t1tC tt)1 { in 1997: tl 0 6 1' '3g'LQr��A J` "'pay g v 7hc Way It Was ` sir Titanic Poster < T (� i • 3 �� � r.[ . STS •� '$' �: junk � ..................................... V rr2 n 'S '' � . s� gi an'exotic v 101mey wcws' ^e Y^ z ak _ 11 t kk F. Gx • a .. . ` . Place an ad in 9. Rrz The Herald's MaxClassified V11no t un le E. arde and get a free pass to parrot J , Now selling your unwanted items can put you face-to-beak with the . E3 1 world's most beautiful birds.Watch these living rainbows perform tricks Sammy Sosa,Poster g d obatic r one . Your free acrobatics.0 even hold of them ' pass lets you explore a lush tropical setting filled with flamingos, a baby orangutan,a rare albino alligator,and a children's.petting zoo. n � You also get to see shows like"Dragons E Monsters," Monkey See,Monkey Do and Creatures of the Night. Place your ad in MaxClassified today.Call 305-350-2222 in Miami-.Dade t tmaasu>ri or 524'2535 in Broward. Vino Poster the Miami Kerala Wine Series Poster. p www.herald.com' air TM PARROT JUNGLE r - : s�N, El www.pa—tlungle.com ' www.heraldstore.com Dade(305)$76-3719 •BroNva:rd 764-7026 x3719 001-118-3 ' Some restrictions apply.Offer good through August 27th. I f' I-CAMPAIGN 2000 THURSDAY,AUGUST I7,2000 www.herald.Com 27A • increased • "You are not going to hear mmi rants attract n i n int in Californ ar of tics n the g atte t o g p I future. Quite the opposite, said Richard Feinberg of the BY MARTHA MENDOZA sodas.But then her face drops. Los Angeles one of the nation's frothe mainstream. "We're sending an impor- Center for U.S.-Mexico Studies Associated Press Unfortunately,she said,she most diverse cities.The longer ;eamlining the citizenship tant message to immigrants this at the University of California is not selling enough soup to immigrants reside in the press at the Immigration and year that the Democratic Party at-San Diego. LOS ANGELES — Eight support herself.Her adult sons United States, the more likely Naralization Service heads is your home,"said Democratic Former California Gov,Pete blocks from the Democratic have to help her out. ' they are to become U.S. citi- th©olitical priority list of campaign advisor Bob Mulhol- Wilson helped lead the 1�Os National Convention, Moon "Those politicians,"she said, zens,according to the National rear immigrants. Cutting land. anti-immigrant campaig a Lee, a 50-year-old Korean nodding toward the Staples Immigration Law Center. tax and making it easier to "We will help them with the miscalculation that many§ay immigrant, is doing the same Center, "they don't know this: 1nd once they become citi- run small business are also paperwork to become citizens, hurt the Republican Party.Wil- thing she does every day. Sell- Small businesses are having a zens,they vote in overwhelm- imlrtant. we will help them get higher son's term ended in 1998. ing soup. very tough time.I'll vote for the ing numbers,prompting politi- iising the minimum wage, wages by raising the minimum When Democratic Gov. n-=`-This is my business," she people who want to help small cians to realize that they must oftl the first salary for newly wage." Gray Davis took office, one of said- proudly, waving a dra- business." pay attention to their issues- arred immigrants, also mat- Locally,politicians are even his first actions was an official mi tic arm at her shelves of Lee, who has been in the issues that sometimes differ ter;o this community. more tuned in. visit to Mexico. – rieatly stacked instant noodle United States for 36 years, is soups, candy, muffins and , one of thousands who make . ADVERTISEMENT V ADVERTISEMENT c, Y USED CARS MIAMI-DADEEXPRES TO ` " Jay VIYAUTHORITY ' ,Love for Mayor EXPRESS "Y County t BE SOLD AT y . www.love4ma• oy r.org REQUEST FOR PROPOSAALr (RFP) NO. 000024 Pd.Pol.Adv.Paid for by the Jay Love Campaign.Approved by Candidate. FINANCIAL AUDITIIN SERVICES MIAMFDADE MIAMI-DADE COUNTY, FLORIDA The Miami=Dade Expresswir Authority, 'a body o ' �� READVERTISEMENT FOR BIDS politic and corporate andan agency of the 95 T FOR LEASE OF FARMLAND State of Florida established inder and pursuant SATURDAY, AUGUST 19th, 11 A.M. The below listed parcels of land are, being offered for ,fa'rming. Annual rent is payable in advance. Leases are to the Florida Expressway ►ct, Part L, Chapter MIAMI, FL forffive years with five one-year renewal options. 348, F.S., is procuring financal auditing services Chris Brown, General 12 noon. This innovative Available October 1, 2000. Manager for Honda South has just approach to selling used vehicles ;Parcel 1. through a request for pro)osal. Request. for announced plans to hold an will make it easy and quick for . Homestead General Aviation Airport Proposal (RFP) #000024 � available at the unheard of used car and truck anyone in the market, to get a 28700 S.W. 217 Avenue Slasher Sale August 19 2000 430 acres. Best offer. Minimum bid $150 per acre per Authority's Headquarters aid/or via e-mail by g good used car or truck at a very year. contacting: with used cars and trucks starting low price with no hassle. at ninety-five dollars, and up. Wholesale buyers will be pre- Parcel 2. According to Chris Brown,record sent to take trade-ins during this Vicinity of S. W. 197 Avenue and S.W. 175 Street sales from the last few months has sale. We also have bank repre- Helen M. COrderO resulted in an overload of trade-in sentatives who will help buyers '.29 acres. Best offer. Minimum bid $200 per acre per year. p y ,.. Miami-Dade Expressway Authaty lease returns. In the last few arrange low cost financing as Mail written bids with the envelope labeled "Farm Bid" to months our sales have increased at low as 3.9% on select models. Mr. Philip.Davis, Property Manager,'Miami-Dade Aviation 3790 N.W. 21 Street 'D'e'partment, P. 0. Box 592075, Miami, FL 33159 or Miami, Florida 33142 a tremendous rate. Now,we must Our total inventory will be close reduce the number of cars and to 400 new and used cars and , 'deliver to Properties Division, 6th Floor, Concourse E, Phone: (305) 637-3277 trucks inrour used car inventory. trucks. We want to remind .Miami International Airport. must be accompanied by a refundable deposit of -B"id`s Fax: (305) 637-3283 During the ninety-five dollar sale everybody that this is a one time every used car and truck will be sale only. When our inventory . $25.00 by Cashier's Check or money order payable to hcordero @mdx-way.cotll Miami-Dade Aviation Department. Bids will be accepted sold for hundreds to thousands has been reduced, we will until 1:00 P. M., Friday September 1, 2000 at Properties below the original price. . Our remove the sale prices and return ;Division: At 1 P.M. the bids will be taken to a designated Please note that responses to this RFP are due August 25, customers should find these prices to normal operations. Since we place and publicly opened and read.. Call 305-876-0365 as low as wholesale auctions in are a local business we would ,for information. 2000. many cases. Here every car and like to'give back to the commu- truck is on sale. It s the perfect nity. We would rather.allow opportunity to get a good quality the public to buy these vehicles 1 C used car at the lowest price possi- 'than wholesale them at an aur- ble, including cars for only nine- tion. This is a first come, first t ty-five dollars. All cars and served only sales event. ' No trucks will be on display at Honda dealers,dealer agents or employ- South located at 16165 S. Dixie ees allowed. MIAMI-DADE EXPRESSWAY AUTHORITY Highway Miami, FL (on U.S. 1 CALL FOR IMMEDIATE � d... CITY OF SOUTH MIAMI just south of The Falls) at 9a.m. CREDIT PRE-APPROVAL b for pre registration. Then all vehi- 305-256-2480. Date, aug. 19, NOTICE OF COMPREHENSIVE PLAN AMENDMENT cles will be opened so that buyers 2000,opens at 1 la.m., event .REQUEST FOR PROPOSALS (RFP) NO. 000022 NOTICE OF PUBLIC'HEARING may inspect the vehicles for one starts at 12 noon to 6p.m. PUBLIC AFFAIRS CONSULTANT SERVICES ! hour before the the sale begins at #2HO92125A J, ; All interested persons are hereby notified that the City of I *All vehicles are plus tax tag&title with approved credit. South Miami Planning Board acting in its"capacity as the Local Planning Agency (LPA) at a meeting scheduled for The Miami-Dade Expressway Authority, a body politic Tuesday, August 29,2000, commencing at 7:30 PM in the CITY OF HOMESTEAD -and corporate and an agency of the State of Florida City Commission Chamber, City Hall 6130 Sunset Drive, established under and pursuant to the Florida South Miami, Florida 33143, will conduct a public hearing MINIMUM HOUSING BOARD t presswayAct, Part I, Chapter 348, ES., is procuring on the following proposed Comprehensive Plan Future Land Use amendment application: NOTICE OF INTENT TO DEMOLISH public affairs consultant services through a request for ` - ITEM LPA=00-001 P ro osal. Request for Proposal (RFP) #000022 is All parties claiming any interest in the available at the Authority's Headquarters and/or via e- Applicant:JPI Apartment Development, L.P. below-listed properties are hereby notified mail by contacting: Request: Consideration of an application to amend the that the Minimum Housing Board of the City Future Land Use Map of the South Miami Comprehensive of Homestead will hold a hearing on Oct. 12 Helen M. Cordero Plan by changing the future land use category from the Miami-Dade Expressway Authority Mixed-Use. Commercial Residential (Fou(-story height) I at 6:00.p.m. in the Council Chambers of the P tr category to the TODD, Transit Oriented Development City of Homestead located at 790 North 3790 N.W. 21 Street District category(Flexible height up to 8 stories) on a 2:68 Miami, Florida 33142 acre vacant site, said property being legally described as Homestead Boulevard, Homestead, Florida Lots 3 through 25, Block 15, LARKINS TOWNSITE 33030 to determine ,whether the following Phone: (305) 637-3277 SUBDIVISION. The site is generally bounded on the north Fax: (305) 637-3283 by S.W.69th St., on the east by S.W. 59th PI., on the south properties shall be demolished as unsafe hcordero@mdx-way.com by S.W. 70th St., and on the west by S.W. 61st Ave. The structures: purpose'of the application is to allow for the future construc- tion of a six-story student residential apartment building. Please note that responses to this RFP are due August 25,2000. PROPERTY LEGAL DESCRIPTION 213 SW 3 COURT IDA LOGANS SUB PB 3.142 HOMESTEAD,FLORIDA 33030 LOTS 6 TO 13 INC LESS S12FT f.w L �- _�� �' i �,, ;( !f _. �-'�, , THEREOF FOR ST LOT SIZE ;(\:• City of Hialeah = � 1-�-_- 200.000 x 58 OR 14335.2665 '-iU '-_ �7 PUBLIC NOTICE �: y �� �-1 -�. , 860 SW 6 STREET CENTRAL COMMERCIAL 1. la , � 1 ; The Cit of Hialeah, in order to com I withi°, HOMESTEAD,FLORIDA 33030 HOMESTEAD PB 41.83 LOT 11 y t y Jig�y % 1 BLK 2 LOT SIZE 40.000 x 129 requirements of the United States Department of =-�--i- �--,:� _ Housing and Urban Development (HUD) and its Citizen ��^i,_ Participation Plan under the community planning and a -y �. J I H E P Y P 9 h-, i--I � - 821 SW 7 STREET CENTRAL COMMERCIAL ' development formula programs, is hereby advising the ;_�t���P! !—� 'LL. HOMESTEAD;FLORIDA 33030 HOMESTEAD PB 41.83 LOT 27 citizens that the' City of Hialeah is proposing to :undertake the following regular amendments under the �� i'T ✓ - !t BILK 2 LOT SIZE 50.000 x 129 Action Plans for the HOME Program as follows: LJ ° The Minimum Housing Department files The HOME Program for FY 1996/1997/1998/1999 indicated that funds set-aside to a community housing regarding the above-listed properties are available for ",development organization (CHDO) will be used to The purpose of the public hearing is to assist the Local review at the Minimum Housing Department, 4 South ,develop affordable rental housing for low-and moderate- Planning Agency in making a recommendation to the City Krome Avenue, Homestead, Florida 33030 between + ;income persons.The City is hereby advising the citizens Commission regarding the application and its transmittal to the hours of 8:00 a.m. and 4:00 p.m., Monday through j that the funds will be_ used for acquisition and the Florida Department of Community Affairs. Friday. j irehabilitation for a condominium homeownership project lfor low-and moderate-income persons to be carried out Copies of the application and the amendment package are by the Spinal Cord Living-Assistance Development, Inc. available for review prior to the public hearing in the City's In accordance with the American with Disabilities °(CHDO). Planning & Zoning Department, which is located at City Act of 1990, all persons who are disabled and who I 1 Hail, 6130 Sunset Drive, South Miami, Florida 33143, need special accommodations to participate in these ;Furthermore, the City allocated FY 1998 and FY 1999 second floor. All interested parties may appear and be proceedings because of that disability should contact ,HOME funds for the acquisition and development of an heard at the hearing. Parties are invited to submit written the office of the City Clerk, (305) 247-1801; not later affordable rental housing project of approximately 120 comments and materials in consideration of their views than two business days prior to such proceedings. units.The City will build up to 40 units on a City owned (F.S. 163.3184). parcel of land bounded by West 1st Ave., Palm Ave., You are hereb advised that if an erson desires to appeal, West 5th St. and West 6th St., Hialeah, FL. The y Y P PP If a person decides to appeal any decision made available program income generated from other rental any decision made with respect to any matter considered at by-the Minimum Housing Board with respect to any ro ects will also be used to fund the development of this meeting or hearing, such person will need to ensure p j p matter considered at the hearing, that person will need . this ro ect. that a verbatim record,of the proceeding is made, which P record includes the testimony and evidence upon which the a record of the proceedings and, for such purpose, Additional information may be obtained by calling the appeal is to be based (F.S:286.01'05). I may need to insure that a verbatim record of the City of Hialeah, Department of Grants and Human proceedings is made, which record includes the ". For more information regarding this application or any mat- testimony and evidence upon which the appeal is to Services at (305) 883-8042, [TDD# (305) 883-5886 for ter, please call (305) 663-6344. y p pp the hearing impaired]. be based. nzz � [ \§ �= wz \82 � � � \ / * � 0 § � ) ) co 2 \@ � / /}ƒ �m m , § p =m 777 } §§ \ $` (( J.W. Harris & Cor p,a 2665 South Bayshore Drive • Suite 702 • Coconut Grove, FL 33133 Licensed Real Estate Broker ' Telephone: 305.859.8420 • Facsimile: 305.859.8410 Licensed Mortgage Broker JEFFERSON COMMONS AT SOUTH MIAMI Property Identification. Block 15 South Miami (the "Property"). Purchaser. JPI Development Partners, Inc. having his office at 600 East Colinas Boulevard, Suite 1800,Dallas, Texas 75039, Attention: John Cutrer • Telephone: 972.556.3782 • Facsimile: 972.556.6952. Location. The Property is situated in Section 25 • Township 54S • Range 40E • Block 15 of the Larkins Townsite Subdivision located on the west side of S.W. 59th Place and the north side of S.W. 70 Street in the City of South Miami, Miami-Dade County, Florida. Whereas Block 15 consists of Lots 1 through 25, the Property consists of Lots 3 through 25. Plat. The various properties are platted as Townsite of Larkins according to the plat thereof in Plat Book 2 Page 105 Lots 3-25, Miami-Dade County, Florida. Jurisdiction. The Property is located in the City of South Miami, Miami-Dade County, Florida. Land Area. The Property is vacant and unimproved parcel of land containing +/- 116,743.00 square feet; +/- 2.68 acres. There are 4 separate owners; all of whom are under contract to sell to JPI. There is one holdout, a dental office situated on Lots 1 and 2 containing approximately 6,059 square feet of land. Zoning. Medium Intensity Office ("MO"). The purpose of this district is to accommodate professional and business office space needs in a relatively intensive centrally located manner. This district is appropriate in areas designated "Medium-Intensity Office" on the city's adopted Comprehensive Plan. • Maximum Building Height 4 stories (50 feet) • Maximum FAR 1.60 Minimum Unit Sizes. PUD-R has no promulgated minimum unit sizes. Residential Uses. Planned Unit Development Residential Uses are permitted as a Special Use in the MO District. The minimum site area for a PUD-R (Residential) is 2 net acres and for PUD-M (Mixed Use) is 4 net acres. A PUD-M must be located within 1,200 feet from the Executive Summary J. W. Harris & Company South Miami Residential Page - 2 - date: February 10, 2000 MetroRail station, as measured along the shortest route to accommodate the largest number of pedestrians. The Property qualifies for PUD-R but due to its size it may be precluded from being rezoned to the PUD-M Zoning District. In determining building heights in the PUD Zoning District, plans must take into account (i) the heights of existing structures surrounding the proposed development, (ii) the nature and character of development desired by the city is such areas, and (iii) the objectives of the city's adopted Comprehensive Plan for such areas. Direction from Site: Use/Zoning Actual Height / Permitted Height North (residential) RM-18 2-stories (permitted) - 2-stories (actual) East (Post Office) TODD (MU-4) 2-stories (permitted) - 1-story (actual) South (hotel) MO 4-stores (permitted) - 4-stories (actual) West (parking lot) H unknown Notwithstanding the foregoing, the MetroRail Parking Garage is located directly across the street at the southeast corner of S.W. 59th Place and S.W. 70 Street. This garage structure contains 5-stories plus plans have been approved to add 3-stories of residential on top of the garage. Unity of Title. The city will require a.written agreement stipulating that the lots containing the building site shall not be conveyed separate and apart from each other. Concurrency. Based upon the Property's location west of U. S. Route #1, it is not exempt from the 1985 amendments to Chapter 163 of the Florida Revised Statutes with respect to concurrency. Section 24-4.1 of the city's Land Development Code stipulates that a concurrency determination shall be made in conjunction with all new developments. Impact Fees. As per Miami-Dade County. Parking Requirements for Residential Developments in PUD-R Zoning District. The number of spaces required for multifamily residential shall be as outlined in paragraph (B) (3) of Section 20-4.4 Efficiency or Studio units: 1.5 spaces per unit One or more bedroom units: 2.0 spaces per unit Executive Summary J. W. Harris & Company South Miami Residential Page - 3 - date: February 10, 2000 Visitors: 1.0 spaces for every 10 units Shared Parking. The city code provides for shared parking in paragraph (G) of Section 20-4.4 of the Land Development Code. Parking Reductions for Proximity to MetroRail. Paragraph(H) of Section 20-4.4 of the city's Land Development Code provides for parking reductions when a property is within 1,500 feet of the South Miami MetroRail Station, as measured from property line to property line. If four (4) city commissioners cast an affirmative vote, it is possible to reduce the number of required off-street parking spaces by up to 50%, depending upon the nature and type of use and its potential user relationship to rapid transit facilities, as provided for under Section 2-4.4 (J). Proposed Development. The most recent proposal calls for a four (4) story building containing 179,649 "air-conditioned" square foot (186,785.28 square feet allowed with a FAR of 1.6) including 173,503 square feet for 193 dwelling units; 6,146 square feet for a clubhouse and 452 parking spaces (approximately 2.34 spaces per unit). TABULATION Jefferson Commons at South Miami UNIT SQ FT TOTAL UNITS % SF TOTAL Studio 393 . 36 19% 14,148 Studio 503 4 2% 2,012 2 Bedroom 713 31 16% 22,103 3 Bedroom 910 24 12% 21,840 4 Bedroom 1,140 74 38% 84,360 4 Bedroom 1,210 24 12% 29,040 Club 6,146 Total Rentable 193 100% 173,503 Gross A/C 179,649 Avg Sq Ft 899 Required Parking 385 Parking Provided 452 Executive Summary J. W. Harris & Company South Miami Residential Page - 4 - date: February 10, 2000 Parking Requirements for Proposed Development. Based upon the Code and unit mix as provided for herein, the parking requirements should be as follows (with no reduction for mixed use or being within 1,500 feet of the MetroRail Station): Efficiency/Studio units 40.00 60.00 One or more bedrooms 153.00 . 306.00 Sub-Total 193.00 366.00 + guest parking @ 193/10 19.30 Total Required Parking 385.30 Less Provided Parking 452.00 Surplus (Deficit) 66.70 Variances. This proposed plan contains no variances. South Miami Code/Article V: Procedures & Applications. Projects may require completion of various separate but related procedures in order to secure final approval. A review of Article V suggests to me that JPI will need to address the following in order to secure the ability to obtain building permits. 2. Special Uses 3. Variances 5. Site Plan Reviews 6. Planned Unit Developments A separate application shall be required for each request for a rezoning (not required), a variance or a special use (both required). (Is this statement correct? Is JPI seeking a rezoning?) All other applications may be combined with one or more applications. Ergo, JPl needs a minimum of 3 applications; all or which (I am told) may run concurrently. Please be aware that all applications for variances must include a letter indicating the specific nature of the hardship upon which the (variance) request is based. A reduction in off-street parking is a permitted variance request. Executive Summary J. W. Harris & Company South Miami Residential Page - 5 - date: February 10, 2000 Site Plan Approval. Site plans shall not require a public hearing but shall be submitted for review and approval by the environmental review and preservation board prior to issuance of a permit. A tree survey will be required. Planned Unit Development approvals (20-5.12). The site will not require rezoning. Residential use is permitted as an overlay on the Medium Density Office District as PUD-R. • Upon receipt of a complete application for the approval of a planned unit development, the building and zoning department shall review the application and submit its findings and recommendations to the environmental review and preservation board within 30 calendar days from receipt of the application. • The application then goes to the Environmental Review Board who has 30 calendar days following receipt of the complete application from staff and staff recommendations to formally meet and consider the preliminary development concept plan for the proposed PUD. The review may occur only at a board meeting (which I believe is open to the public). The Environmental Board must make its recommendation at least 7 calendar days prior to the date of the scheduled planning board public hearing. • The application then goes to the Planning Board who has 45 calendar days after receipt to hold a public hearing on the application. Within 15 days after the public hearing, the Planning Board shall submit its recommendations to the city commission. • Within 90 calendar days of receipt of the recommendations of the planning board, the city commission shall hold a public hearing on the application. The city. commission shall approve, deny or approve with conditions or modifications. Time Line for Approvals in South Miami. JPI has engaged-Joe Goldstein of Greenberg Traurig to assist them in gaining all necessary approvals. Mr. Goldstein has opined that the entire approval process (without any changes to the City's Comprehensive Plan) could take anywhere between 210-to-255 days (7.0 - 8.5 months) from the date of submission. South Miami Comprehensive Land Use Plan. According to information recently received from the City, it will be necessary to change the City's Comprehensive Land Use Plan's map and text. This timetable should be somewhat concurrent with the above-outlined approval process but the timing of the critical path is unknown as of this writing. Executive Summary J. W. Harris & Company South Miami Residential Page - 6 - date: February 10, 2000 Transit Oriented Development District. At JPI's request, the CRA and the City are exploring the option of increasing the intensity of the development in order to help insure its feasibility. The only option available to increase intensity is to rezone the Property from MO to Transit Oriented Development District (TODD) Mixed Use-5 (MU-5). This alternative also requires a change in the Comprehensive Land Use and was actually considered in early transit committee meetings. We do not know why the idea was rejected nor do we know the anticipated time line. The purpose of the TODD District is to permit multi-level, mixed-use development in the area surrounding the South Miami Metro-Rail transit station. The TODD District is designed to encourage a mix of high density uses, specifically residential, retail and office uses. The TODD District allows as many units per acre as can be provided with parking. There are minimum requirements for unit sizes. Unit Type Minimum Unit Size Efficiency/Studio 400 One Bedroom 550 Two Bedroom 700 Three Bedroom 850 TODD Garages. Freestanding garages may not exceed 6-levels in height. TODD.Limits on Uses. No single use in the TODD District may exceed a gross floor area of 80,000 square feet, except residential uses. TODD Height. TODD (MU-4) District is limited to 2-story maximum. The maximum height of TODD (MU-5) is restricted to 4-stories, or up to 8-stories as permitted with bonus. • The Code allows that for every 1 floor of residential use it is possible to add 1 additional floor of residential as long as the minimum parking requirement of 2 cars per unit is provided. • The Code also provides that if underground parking is provided the development is entitled to 2 additional floors of residential. Executive Summary J. W. Harris & Company South Miami Residential Page - 7 - date: February 10, 2000 TODD Parking Requirements. Use # Spaces Residential Minimum of two (2) cars per unit. Commercial/Retail 1 space per 150 sq ft to 400 sq ft of gross floor area Office .1 space per 200 sq ft to 400 sq ft of gross floor area Conclusions / Opinions. The feasibility of the development as it is presently zoned is uncertain at best. The land cost was much higher than originally anticipated. Construction costs continue to escalate due to shortages of both men and materials. Without any increase in the intensity, the proposed development will likely not go forward. However, if the City stands behind such a change, there is a Catch-22. If the current time line of the various contracts is not sufficient, JPI will probably not be able to renegotiate the land contracts. Two of the four ownership groups have already stated that they sold too cheap! The key to success is how long will it take to change the use and zoning and gain site plan approval. Real Estate Taxes. The proposed 193 unit 4-story product is projected to generate over $600,000.00 per year in real estate taxes. If the City agrees to a change in use and zoning allowing for the development of a 6-story product, the real estate tax payments should increase accordingly. Executive Summary I W. Harris & Company South Miami Residential Page - 8 - date: February 10, 2000 List of Property Being Purchased. Block 15 / South Miami (Summary of all land being purchased by JPI) Lot(s) Lot Area Owner Folio # Sq Ft 8 6,900.00 Montana 09-4025-028-1970 9 6,900.00 Montana 09-4025-028-1980 10 6,900.00 Montana 09-4025-028-1990 14,15 13,800.00 Montana 09-4025-028-2020 16,17 13,800.00 Montana 09-4025-028-2030 18,part 19 8,485.00 Montana 09-4025-028-2040 part 19,20 8,764.00 Montana 09-4025-028-2041 Sub-Total 65,534.00 3,4 5,998.00 Elias Gwynn M & R A 09-4025-028-1940 23,24,25 9,060.00 Elias Gwynn M & R A 09-4025-028-2050 7 3,450.00 A Building Inc/CR 09-4025-028-1960 5,6,21,22 12,001.00 A Building Inc/CR 09-4025-028-1950 Sub-Total 30,509.00 12 6,900.00 Sontag Michael W/TR 09-4025-028-2010 13 6,900.00 Sontag Michael W/TR 09-4025-028-2011 4-,2- 6,059.00 no nmc m4 1910 11 6,900.00 Levin William & Rita/HW 09-4025-028-2000 Sub-Total 20,700.00 Total Sq Ft Land 116,743.00 FAR= 1.6 Total Sq Ft of Bldg 186,788.80 CITY OF SOUTH MIAMI NOTICE OF COMPREHENSIVE PLAN AMENDMENT NOTICE OF PUBLIC HEARING All interested persons are hereby notified that the City of South Miami Planning Board acting in its capacity as the Local Planning Agency (LPA) at a meeting scheduled for Tuesday,August 29,2000,commencing at 7:30 PM in the City Commission Chamber,City Hall 6130 Sunset Drive, South Miami, Florida 33143, will conduct a public hearing on the following proposed Comprehensive Plan Future Land Use amendment application: ITEM LPA-00-001 Applicant : JPI Apartment Development,L. P. Request : Consideration of an application to amend the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use category from the Mixed-Use Commercial Residential(Four-story height) category to the TODD,Transit Oriented Development District category (Flexible height up to 8 stories) on a 2.68 acre vacant site,said property being legally described as Lots 3 through 25, Block 15, LARKINS TOWNSITE SUBDIVISION.The site is generally bounded on the north by S.W. 69th St., on the east by S.W. 591h Pl.,on the south by S.W.70th St., and on the west by S.W. 61st Ave. The purpose of the application is to allow for the future construction of a six- story student residential apartment building. The purpose of the public hearing is to assist the Local Planning Agency in making a recommendation to the City Commission regarding the application and its transmittal to the Florida Department of Community Affairs. Copies of the application and the amendment package are available, for review prior to the public hearing in the City's Planning& Zoning Department, which is located at City Hall, 6130 Sunset Drive, South Miami, Florida 33143, second floor All interested parties may appear and be heard at the hearing. Parties are invited to submit written comments and materials in consideration of their views (F.S. 163.3184). You are hereby advised that if any person desires to appeal any decision made with respect to any matter considered at this meeting or hearing, such person will need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based(F.S. 286.0105). For more information regarding this application or any matter,please call (305)663-6344 T— s Cl 58TH T CL - -� gW 59TH PL- in J— F-E::!:] 2 H / i W W cn W 61STQ s- SW_ t'A 0�. I —"— 61 ST I--- SW 62ND AV 11-T - -� SW 62ND PL 7—