Loading...
6001 SW 70 ST_LPA-01-001 05/15/2001 09:58 305-859-8410 JW HARRIS PAGE 02 J.W. Harris & Company -Otl)I 5NN 70 57 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 May 15, 2001 rr Mr. Richard Lorber MAY 15 Planning .Director City of South.Miami 6130 Sunset Drive - South Miami, FL 33143 Re: Shoat Creek Comprehensive Land Amendment Dear Mr. Lorber: As we discussed this morning Shoal Creek.Properties, LLC will be amending our application wid at this time we are requesting that our May 29, 2001 Planning Board Meeting be deferred to a later date to be discussed with the City. . , If you have any questions please call me at your convenience. Sincerely, J. W. HARRIS& COM.PA I i r Michael J. Getz Development Director cc: Jim Harris Joe Goldstein, Esq. Tony White Rob Curtis File ai i 05/1512001 09:58 305-859-8410 JW HARRIS PAGE 01 V r J. V. Barris & Company Rat!Estate Developer 2665 South Bayshore Drive•Suite 702•Coconut Grove,FL 33133 licensed.Real Estate Broker Telephone:305.859.8420•Facsimile:305.859.84 10 licensed Mortgage Broker email:mj8oct a bellsouth.net FACSTMILF, MEMORANDUM To: WCHARD LORBEllt(305) 666-4591 From Michael J. Getz/Facsimile#: 305.859.8410 Total number of pages(including cover letter): 2 If you have airy problems or want a hard copy of this fax,please call,305.859.8420. Date: May 15,2001 Re: Planning Board Meeting tom. s «x not MW , City of South Miami 6130 Sunset Drive,South Miami,Florida 33143 663-6300 April 27, 2001 Mr. James Harris Shoal Creek Properties, LLC J.W. Harris & Company 2665 South Bayshore Dr. Suite 702 Coconut Grove, Florida 33133 RE: Local Planning Agency Application LPA-01-001 Lots 8-20, Block 15, Larkins Townsite Subdivision Comprehensive Plan Amendment Dear Mr. Harris This communication is to inform you that your application for an amendment to the Future Land Use Map of the South Miami Comprehensive Plan, as set forth above, has been scheduled for public hearing at the May 8, 2001 meeting, of the City's Local Planning Agency (Planning Board) which begins at 7:30 PM, in the City Commission Chambers, South Miami City Hall. Sincerely yo , chard G. Lor er Planning Director RGL/SAY D:\PB\PB Adve ts\2001 Adverts\Applicants'Notice 5-8-01.doc "City of Pleasant Living" MAR-16-01 FRI 11 ; 15 FAX H0, 3053589752 P, 01 LAW OFFICES GEORGE ELIAS, JR. PROFESSIONAL ASSOCIATION GOVERNMENT RELATIONS CONSULTANT GEORGE ELIAS, JR. 777 BRICKELL AVENUE - SUITE IIII WASHINGTON OFFICE mFMSER OF THE BAR MIAMI, FL.0R10A 33131 '730 A STREET, N.W. FLORIDA SUITE 304 DISTRICT Or COLUMBIA TEL- (3©5)358 9750 WASHINGTON. o.c. e000e FAX(305)35 B•9752 March 16, 2001 VIA FAX: 305/666-4591 Mr. Richard G. Lorber, AICP Planning Director City of South Miami 6130 Sunset Drive South Miarni, FL 33143 Dear Mr. Lorber: 1 represent my brothers, Dr. Richard A. Elias and G.M. Elias, as well as thyself' Together,we are the owners of that tract of land fronting on 59"`Place and S.W. 70" Street, in South Miami, directly in front of the Post Office.. The entire tract, on which has long ago been placed a"I"or Sale" sign, has been up fbr sale ill excess of one year, at a price of$30.00 per sgtttn•e foot. This is the going rate for property oil the adjacent block. If you regUire any further information,please do not hesitate to call. Sinter y co rge .,lip , r. v CITY OF SOUTH MIAMI To: Subrata Basu, Assistant City Manager/Community Development Director From: Richard Lorber, Planning Director PL Subject: Revised JPI/"Shoal Creek" Comp Plan Amendment Date: February 28 2001 C: Sandy Youkilis, Planning Consultant I have reviewed the revised application that was submitted earlier this month, and have some preliminary comments relative to the proposed amendment, based upon my preliminary analysis and discussions with the City Attorney. 1) The City will accept the application as a revision to the previously submitted application. However, a significant portion of the originally submitted $20,000 fee has already been spent by the City on required newspaper advertising and substantial staff time for review. Based upon discussions with the City Attorney, the applicant should be charged an additional fee, to cover the costs of the previous work and advertisements. Sandy has subsequently prepared a fully developed analysis of advertising costs and estimated staff time,which indicates that the amount of the fee should be$9,331.45. 2) The following items were missing from the application as submitted: a) Elevations or artists renderings of any proposed development for the site. (I met with Architect Jorge Mauriz on 1/18,but no renderings of any kind have yet been submitted). b) Power of attorney or consent form signed by one of the property owners (Rita Levin). c) Application for vacation of street for SW 61 Avenue (subsequently submitted on 2/23/01). In verbal conversations with the applicant's representatives, I was told that the above mentioned items would be submitted soon, but to date the elevations and the consent form have not been submitted,and technically, the application remains incomplete. SHOAL CREEK APPLICATION FEBRUARY 28,2001 PAGE 2 3). The applicant's cover letter refers to proposed building heights 52 feet on the north side, and 69 feet on the south side. However, taken to its maximum building potential, the TODD land use category could allow up to 8 stories on all sides (if property were rezoned to TODD-5). Nothing in the City's Comp Plan designation limits the project to less than 8 stories; if the City were to approve the land use change, any approval should be conditioned upon a covenant restricting building heights to the appropriate height. An alternative to requiring a covenant would be to process the zoning change simultaneously with the land use change,and require an approved site plan. a) After preliminarily assessing how the proposed project would interact with the surrounding neighborhood, my recommendation would be that the project be limited to no more than 3 or at most,4 stories on the north side(approx. 40 feet). b) The building height for the south side could be higher, as the surrounding buildings are higher. Six stories would be most appropriate, although the building could be higher there if all aspects of the overall design were in conformity with the characteristics of the environs. 4) The application letter mentions a total of"approximately 250 units". However, the TODD land use designation in the Comprehensive Plan has no density limit, it simply refers back to the LDC. Therefore, I believe it is important to condition any approval on a covenant restricting the property to a defined density; alternatively, as stated above, process the zoning change together with the land use, and limit the project to a specific density that way. a) After assessing how the proposed project would interact with the surrounding neighborhood, my recommendation would be that the densities be capped at approximately 40 units/acre on the north side and 80 units/acre on the south side, with an overall density of approximately 60 units/acre. This density could be increased further if all aspects of the project(design,massing,pedestrian friendly street frontages,etc.)were of such a quality as to warrant it. I estimate that a maximum overall density of 70-80 units/acre may be appropriate in such a case, again with the same provision that the north half of the property have the lower density in proportion to the south half. 5) Regarding the comparable developments which are referenced by the applicant in the revised application, unfortunately there is very little of relevance to the subject site here in the City of South Miami. The applicant has chosen to highlight the allowable development regulations of some of the highest intensity areas within Miami-Dade County, such as the massive high rise developments along Sunny Isles Beach, 16-story towers in downtown Coral Gables, or the well known developments in the Brickell Avenue area within the City of Miami. Because of the completely different nature of the South Miami environment and neighborhood characteristics, these developments and their associated development regulations are. not appropriate for comparison to any proposed development within the City of South Miami. SHOAL CREEK APPLICATION FEBRUARY 28,2001 PAGE 3 6) The new configuration of the requested land use change, and the request for vacation of SW 6Pt Avenue,is a significant change from the originally requested land use change. These changes to the request make for a more difficult and problematic development in a number of ways. a) The new configuration of the proposed amendment leaves out the easternmost portion of the block, which fronts upon SW 59 Place. This parcel is under different ownership than the new amendment parcel, and has been left out of the amendment request due to differences between the property owners. The omission of this parcel will have the effect of creating an "island" of land which remains designated Mixed-Use 4-story, while the rest of the block is designated TODD. As the omitted parcel would be surrounded by TODD designated land on the east, northeast, and the west, an objection could be raised, either by the Department of Community Affairs, or by the property owner, that the land use change has the effect of creating an isolated enclave of land. b) The application calls for the vacation of SW 61 Street by the City. As proposed, the City would vacate the street between SW 69 Street and SW 70 Street,giving the applicant the east half of the right-of-way and giving the neighboring property owner, Larkin Hospital, the west half of the right-of-way. Then the applicant would purchase the west half from Larkin, and the entire vacated right-of-way area would be incorporated into the proposed project. The applicant states that the vacation of public right-of-way is necessary because the size of the amendment parcel was reduced by the omission of the 59 Place property. The request for vacation of public right-of-way raises concerns. From a planning perspective, it is important to maintain the maximum amount of connectivity on our City's street grid. Current planning theory has identified the uninterrupted street grid pattern as the most important factor in maintaining traffic flows and avoiding congestion on arterial roads. Eliminating this street from our grid network would be contrary to this goal. This is especially true in light of the conditions to the north of the parcel, at the Lee Park housing project. There, the street grid was eliminated, and an ill-conceived "super-block" was created (several years ago—before these concepts were well understood). While there is currently very little traffic using the street segment proposed to be vacated, the potential for increased usage is great. The proposed project, if built in this general location, will generate a very sizable increase in additional vehicular trips. Additionally, there are several vacant parcels in the area to the south and west, which can be expected to be developed to their fullest extent in the coming years. These factors would indicate that the street should be retained as vehicular right-of-way to accommodate future traffic growth. Finally, there is the philosophical issue of the vacation of public right-of-way in general. Currently, the right-of-way exists as city-owned property. The concept that the City would, in effect, give away its property for the benefit of a private developer, is a serious concern from the standpoint of public perception. Any transfer of this amount of public right-of- way should be subjected to the maximum amount of public participation, to insure that the citizens of South Miami are aware of the proposal and approve of both the proposed development concept in general and the vacation of public right-of-way in particular. SHOAL CREEK APPLICATION FEBRUARY 28,2001 PAGE 4 7. The public facilities report submitted by the applicant should be redone, as it is inaccurate in terms of the "before vs. after"impacts of the land use change. While the amendment parcel is proposed to be 2.37 acres, and the impacts generated by the proposed project are analyzed according to this figure. However, the applicant's analysis also uses the 2.37 acre figure to represent the impacts generated by the current land use on the parcel. This is incorrect, as the 2.37 acre parcel includes a street vacation proposed by the applicant. The parcel of land which currently exists on the site amounts to only 2.2 acres, and the analysis should use this figure to represent impacts generated by currently permitted development on the site. 8. In general, my planning opinion is that the site is an appropriate location for a fairly intensive multi-family residential structure, with a small amount of retail use fronting the street on the south. However,it is very important to come to a determination of the allowable building height and density for the site, whether through a covenant offered by the applicant, or through the processing of the zoning change and site plan concurrently with the land use change. The exact parameters of the allowable development should be worked out through discussions with the applicant. Also of concern is the request for street vacation,which should be only be approved if there is ample evidence that the overall plan is appropriate for the neighborhood context. CITY OF SOUTH MIAMI To: Subrata Basu, Assistant City Manager/Community Development Director From: Richard Lorber, Planning Director RL, Subject: Revised JPI/"Shoal Creek" Comp Plan Amendment Date: February 28 2001 C: Sandy Youkilis, Planning Consultant I have reviewed the revised application that was submitted earlier this month, and have some preliminary comments relative to the proposed amendment, based upon my preliminary analysis and discussions with the City Attorney. 1) The City will accept the application as a revision to the previously submitted application. However, a significant portion of the originally submitted $20,000 fee has already been spent by the City on required newspaper advertising and substantial staff time for review. Based upon discussions with the City Attorney, the applicant should be charged an additional fee, to cover the costs of the previous work and advertisements. Sandy has subsequently prepared a fully developed analysis of advertising costs and estimated staff time,which indicates that the amount of the fee should be$9,331.45. 2) The following items were missing from the application as submitted: a) Elevations or artists renderings of any proposed development for the site. (I met with Architect Jorge Mauriz on 1/18,but no renderings of any kind have yet been submitted). b) Power of attorney or consent form signed by one of the property owners (Rita Levin). c) Application for vacation of street for SW 61 Avenue(subsequently submitted on 2/23/01). In verbal conversations with the applicant's representatives, I was told that the above mentioned items would be submitted soon, but to date the elevations and the consent form have not been submitted,and technically,the application remains incomplete. t SHOAL CREEK APPLICATION FEBRUARY 28,2001 PAGE 2 3). The applicant's cover letter refers to proposed building heights 52 feet on the north side, and 69 feet on the south side. However, taken to its maximum building potential, the TODD land use category could allow up to 8 stories on all sides (if property were rezoned to TODD-5). Nothing in the City's Comp Plan designation limits the project to less than 8 stories; if the City were to approve the land use change, any approval should be conditioned upon a covenant restricting building heights to the appropriate height. An alternative to requiring a covenant would be to process the zoning change simultaneously with the land use change,and require an approved site plan. a) After preliminarily assessing how the proposed project would interact with the surrounding neighborhood, my recommendation would be that the project be limited to no more than 3 or at most,4 stories on the north side (approx. 40 feet). b) The building height for the south side could be higher, as the surrounding buildings are higher. Six stories would be most appropriate, although the building could be higher there if all aspects of the overall design were in conformity with the characteristics of the environs. 4) The application letter mentions a total of"approximately 250 units". However, the TODD land use designation in the Comprehensive Plan has no density limit, it simply refers back to the LDC. Therefore,I believe it is important to condition any approval on a covenant restricting the property to a defined density; alternatively, as stated above, process the zoning change together with the land use,and limit the project to a specific density that way. a) After assessing how the proposed project would interact with the surrounding neighborhood, my recommendation would be that the densities be capped at approximately 40 units/acre on the north side and 80 units/acre on the south side, with an overall density of approximately 60 units/acre. This density could be increased further if all aspects of the project(design,massing,pedestrian friendly street frontages,etc.)were of such a quality as to warrant it. I estimate that a maximum overall density of 70-80 units/acre may be appropriate in such a case, again with the same provision that the north half of the property have the lower density in proportion to the south half. 5) Regarding the comparable developments which are referenced by the applicant in the revised application, unfortunately there is very little of relevance to the subject site here in the City of South Miami. The applicant has chosen to highlight the allowable development regulations of some of the highest intensity areas within Miami-Dade County, such as the massive high rise developments along Sunny Isles Beach, 16-story towers in downtown Coral Gables, or the well known developments in the Brickell Avenue area within the City of Miami. Because of the completely different nature of the South Miami environment and neighborhood characteristics, these developments and their associated development regulations are not appropriate for comparison to any proposed development within the City of South Miami. SHOAL CREEK APPLICATION FEBRUARY 28,2001 PAGE 3 6) The new configuration of the requested land use change,and the request for vacation of SW 61St Avenue, is a significant change from the originally requested land use change. These changes to the request make fora more difficult and problematic development in a number of ways. a) The new configuration of the proposed amendment leaves out the easternmost portion of the block, which fronts upon, SW 59 Place. This parcel is under different ownership than the new amendment parcel, and has been left out of the amendment request due to differences between the property owners. The omission of this parcel will have the effect of creating an "island" of land which remains designated Mixed-Use 4-story, while the rest of the block is designated TODD. As the omitted parcel would be surrounded by TODD designated land on the east, northeast, and the west, an objection could be raised, either by the Department of Community Affairs, or by the property owner,that the land use change has the effect of creating an isolated enclave of land. b) The application calls for the vacation of SW 61 Street by the City. As proposed, the City would vacate the street between SW 69 Street and SW 70 Street,giving the applicant the east half of the right-of-way and giving the neighboring property owner, Larkin Hospital, the west half of the right-of-way. Then the applicant would purchase the west half from Larkin, and the entire vacated right-of-way area would be incorporated into the proposed project. The applicant states that the vacation of public right-of-way is necessary because the size of the amendment parcel was reduced by the omission of the 59 Place property. The request for vacation of public right-of-way raises concerns. From a planning perspective, it is important to maintain the maximum amount of connectivity on our City's street grid. Current planning theory has identified the uninterrupted street grid pattern as the most important factor in maintaining traffic flows and avoiding congestion on arterial roads. Eliminating this street from our grid network would be contrary to this goal. This is especially true in light of the conditions to the north of the parcel, at the Lee Park housing project. There, the street grid was eliminated, and an ill-conceived "super-block" was created (several years ago—before these concepts were well understood). While there is currently very little traffic using the street segment proposed to be vacated, the potential for increased usage is great. The proposed project,if built in this general location, will generate a very sizable increase in additional vehicular trips. Additionally, there are several vacant parcels in the area to the south and west, which can be expected to be developed to their fullest extent in the coming years. These factors would indicate that the street should be retained as vehicular right-of-way to accommodate future traffic growth. Finally, there is the philosophical issue of the vacation of public right-of-way in general. Currently, the right-of-way exists as city-owned property. The concept that the City would, in effect, give away its property for the benefit of a private developer, is a serious concern from the standpoint of public perception. Any transfer of this amount of public right-of- way should be subjected to the maximum amount of public participation, to insure that the citizens of South Miami are aware of the proposal and approve of both the proposed development concept in general and the vacation of public right-of-way in particular. A } SHOAL CREEK APPLICATION FEBRUARY 28,2001 PAGE 4 7. The public facilities report submitted by the applicant should be redone, as it is inaccurate in terms of the "before vs. after" impacts of the land use change. While the amendment parcel is proposed to be 2.37 acres, and the impacts generated by the proposed project are analyzed according to this figure. However, the applicant's analysis also uses the 2.37 acre figure to represent the impacts generated by the current land use on the parcel. This is incorrect, as the 2.37 acre parcel includes a street vacation proposed by the applicant. The parcel of land which currently exists on the site amounts to only 2.2 acres, and the analysis should use this figure to represent impacts generated by currently permitted development on the site. 8. In general, my planning opinion is that the site is an appropriate location for a fairly intensive multi-family residential structure, with a small amount of retail use fronting the street on the south. However,it is very important to come to a determination of the allowable building height and density for the site, whether through a covenant offered by the applicant, or through the processing of the zoning change and site plan concurrently with the land use change. The exact parameters of the allowable development should be worked out through discussions with the applicant. Also of concern is the request for street vacation,which should be only be approved if there is ample evidence that the overall plan is appropriate for the neighborhood context. v CITY OF SOUTH MIAMI To: Subrata Basu, Assistant City Manager/Community Development Director From: Richard Lorber, Planning Director PL Subject: Revised JPI/"Shoal Creek" Comp Plan Amendment Date: February 28 2001 C: Sandy Youkilis, Planning Consultant I have reviewed the revised application that was submitted earlier this month, and have some preliminary comments relative to the proposed amendment, based upon my preliminary analysis and discussions with the City Attorney. I 1) The City will accept the application as a revision to the previously submitted application. However, a significant portion of the originally submitted $20,000 fee has already been spent by the City on required newspaper advertising and substantial staff time for review. Based upon discussions with the City Attorney, the applicant should be charged an additional fee, to cover the costs of the previous work and advertisements. Sandy has subsequently prepared a fully developed analysis of advertising costs and estimated staff time,which indicates that the amount of the fee should be$9,331.45. 2) The following items were missing from the application as submitted: a) Elevations or artists renderings of any proposed development for the site. (I met with Architect Jorge Mauriz on 1/18,but no renderings of any kind have yet been submitted). b) Power of attorney or consent form signed by one of the property owners (Rita Levin). c) Application for vacation of street for SW 61 Avenue(subsequently submitted on 2/23/01). In verbal conversations with the applicant's representatives,I was told that the above mentioned items would be submitted soon, but to date the elevations and the consent form have not been submitted,and technically,the application remains incomplete. SHOAL CREEK APPLICATION FEBRUARY 28,2001 PAGE 2 3). The applicant's cover letter refers to proposed building heights 52 feet on the north side, and 69 feet on the south side. However, taken to its maximum building potential, the TODD land use category could allow up to 8 stories on all sides (if property were rezoned to TODD-5). Nothing in the City's Comp Plan designation limits the project to less than 8 stories; if the City were to approve the land use change, any approval should be conditioned upon a covenant restricting building heights to the appropriate height. An alternative to requiring a covenant would be to process the zoning change simultaneously with the land use change,and require an approved site plan. a) After preliminarily assessing how the proposed project would interact with the surrounding neighborhood, my recommendation would be that the project be limited to no more than 3 or at most,4 stories on the north side (approx. 40 feet). b) The building height for the south side could be higher, as the surrounding buildings are higher. Six stories would be most appropriate, although the building could be higher there if all aspects of the overall design were in conformity with the characteristics of the environs. 4) The application letter mentions a total of"approximately 250 units". However, the TODD land use designation in the Comprehensive Plan has no density limit, it simply refers back to the LDC. Therefore,I believe it is important to condition any approval on a covenant restricting the property to a defined density; alternatively, as stated above, process the zoning change together with the land use,and limit the project to a specific density that way. a) After assessing how the proposed project would interact with the surrounding neighborhood, my recommendation would be that the densities be capped at approximately 40 units/acre on the north side and 80 units/acre on the south side, with an overall density of.approximately 60 units/acre. This density could be increased further if all aspects of the project (design,massing,pedestrian friendly street frontages,etc.)were of such a quality as to warrant it. I estimate that a maximum overall density of 70-80 units/acre may be appropriate in such a case, again with the same provision that the north half of the property have the lower density in proportion to the south half. 5) Regarding the comparable developments which are referenced by the applicant in the revised application, unfortunately there is very little of relevance to the subject site here in the City of South Miami. The applicant has chosen to highlight the allowable development regulations of some of the highest intensity areas within Miami-Dade County, such as the massive high rise developments along Sunny Isles Beach, 16-story towers in downtown Coral Gables, or the well known developments in the Brickell Avenue area within the City of Miami. Because of the completely different nature of the South Miami environment and neighborhood characteristics, these developments and their associated development regulations are not appropriate for comparison to any proposed development within the City of South Miami. 1� SHOAL CREEK APPLICATION FEBRUARY 28,2001 PAGE 3 6) The new configuration of the requested land use change, and the request for vacation of SW 61st Avenue,is a significant change from the originally requested land use change. These changes to the request make for a more difficult and problematic development in a number of ways. a) The new configuration of the proposed amendment leaves out the easternmost portion of the block, which fronts upon SW 59 Place. This parcel is under different ownership than the new amendment parcel, and has been left out of the amendment request due to differences between the property owners. The omission of this parcel will have the effect of creating an "island" of land which remains designated Mixed-Use 4-story, while the rest of the block is designated TODD. As the omitted parcel would be surrounded by TODD designated land on the east, northeast, and the west, an objection could be raised, either by the Department of Community Affairs, or by the property owner, that the land use change has the effect of creating an isolated enclave of land. b) The application calls for the vacation of SW 61 Street by the City. As proposed, the City would vacate the street between SW 69 Street and SW 70 Street,giving the applicant the east half of the right-of-way and giving the neighboring property owner, Larkin Hospital, the west half of the right-of-way. Then the applicant would purchase the west half from Larkin, and the entire vacated right-of-way area would be incorporated into the proposed project. The applicant states that the vacation of public right-of-way is necessary because the size of the amendment parcel was reduced by the omission of the 59 Place property. The request for vacation of public right-of-way raises concerns. From a planning perspective, it is important to maintain the maximum amount of connectivity on our City's street grid. Current planning theory has identified the uninterrupted street grid pattern as the most important factor in maintaining traffic flows and avoiding congestion on arterial roads. Eliminating this street from our grid network would be contrary to this goal. This is especially true in light of the conditions to the north of the parcel, at the Lee Park housing project. There, the street grid was eliminated, and an ill-conceived "super-block" was created(several years ago—before these concepts were well understood). While there is currently very little traffic using the street segment proposed to be vacated, the potential for increased usage is great. The proposed project,if built in this general location, will generate a very sizable increase in additional vehicular trips. Additionally, there are several vacant parcels in the area to the south and west, which can be expected to be developed to their fullest extent in the coming years. These factors would indicate that the street should be retained as vehicular right-of-way to accommodate future traffic growth. Finally, there is the philosophical issue of the vacation of public right-of-way in general. Currently, the right-of-way exists as city-owned property. The concept that the City would, in effect, give away its property for the benefit of a private developer, is a serious concern from the standpoint of public perception. Any transfer of this amount of public right-of- way should be subjected to the maximum amount of public participation, to insure that the citizens of South Miami are aware of the proposal and approve of both the proposed development concept in general and the vacation of public right-of-way in particular. v •, r SHOAL CREEK APPLICATION FEBRUARY 28,2001 PAGE 4 7. The public facilities report submitted by the applicant should be redone, as it is inaccurate in terms of the "before vs. after" impacts of the land use change. While the amendment parcel is proposed to be 2.37 acres, and the impacts generated by the proposed project are analyzed according to this figure. However, the applicant's analysis also uses the 2.37 acre figure to represent the impacts generated by the current land use on the parcel. This is incorrect, as the 2.37 acre parcel includes a street vacation proposed by the applicant. The parcel of land which currently exists on the site amounts to only 2.2 acres, and the analysis should use this figure to represent impacts generated by currently permitted development on the site. 8. In general, my planning opinion is that the site is an appropriate location for a fairly intensive multi-family residential structure, with a small amount of retail use fronting the street on the south. However,it is very important to come to a determination of the allowable building height and density for the site, whether through a covenant offered by the applicant, or through the processing of the zoning change and site plan concurrently with the land use change. The exact parameters of the allowable development should be worked out through discussions with the applicant. Also of concern is the request for street vacation,which should be only be approved if there is ample evidence that the overall plan is appropriate for the neighborhood context. 03/05/01 10:25 FAX 3056480052 CURTIS & KIMBALL i7j01 CU FNI I S KIMBA'LL FAC,WILE COVER SHEET TO: Richard Lorber, Planning Director City of South Miami FAX NUMBER: 345-666-4591 FRO ..' ' Rob Curtis DATE: March 5, 2001 NUMBER OF PAGES: 3 including cover REGARDING: South Miami—Shoal Creek NOTE See attached AT&T and BellSouth letters. cc_:File no_2000-16 Reading File COMMUNITY & NATURAL RESOURCE PLANNING CONSENSUS BU11.DING .1 REGULATORY APPROVALS 4101 LAGUNA STRUFT CORAL, GABLES, FLORIDA 33146 (305) 648-0050/ (305) 648-0052 FAX RCURTTSOCURTISKIMBALI_.COM ,ZCK_1tUR1.T:Y(ui:UR"1'ISKliill3:lf 1..1;011 03/05/01 10;25 FAX 3056480052 CU87IQ & KIMBALL � ~ ` �� �� ��/ o��m�m�m��xv~��� � « y �������� ��.... �.... ��� 950C��!���r°� February 28. 2OOt Curtis&Kimbull ATT: Rob Curtis 4\0) Ta,)iu uSt ('om|Gables, FL33\4& Re: Request for Waiver ol'Objection (vthe Vacation of �6l~AVE bv/°een SXV091 '& 70 -ST in the city*[South Miami Dear Mb Curtis: BellSouth has no objections it)your p/nynscd vacation of the above referenced streets subject mthe /oUon/io8coudiuonr l. Any utility euseunus for *lepbnursrr°Ice.om "omrJifuecrnnry, 2. It is understood that Should u6enccxyuxrymrelocate facilities III ooJn/oomlluaiutcbp}mae service. &occuiu[rdocouoo will be at do ovnu"S cspcosr. lloy cuoN uuILIdr ormpvml-y removal(at owner's cxpcua)and restoration o[pcoouucut suucmre($ ^iUhiu the mUu> easemmlt. 3. Adequate lead-time is given N reconnect xo/kung, telephone lines iu tile r`eut that set vice locations are moved or facilities need mherelocated. 4. Diat the Undergioulid Notification C'entei at 1-800-432-47'/`0 lie Contacted forty-e6dit 14N hours prior m ally construction mo that "c may mark, m (lie field. &e ezuctloCxunum{nu/fitCduirs. 'I lie BellSouth Uu kUoil industry Consultants will xn,k with your6esuo�zm mp�o for the cU��nt distribution of seivice to all occupants at any proposed buildinos in tile area ieferenced above. The Budd��Industry C' �od��aan *Gu�m Bradley 005)�oO-VI�A� He mU pruviJc uU U`c information about scrvuc distribution oil yovrp,ope,/y. You, vi ;ov'/\,c|nteu, should cwoacl h`o` oo|` enough loud-duow avoid service Jeba)s. lao looking forward mnocc/ing with you'oryouI-[udUtic's administrator, mJiscuSsVou/p(xosl-01tile above referenced project. l[you have any questions rouccuduLy this consent.p]CuSC Call mc Lit 30-5'Y71'V-"8T Yours uu y. K-lumn/ Bolivar '0SY Eni-ioccr BcDSoud lNc*^nkScn/ices cu: Kathy Reed-- Yrojcct0Juuuger Ernest Bradley 8l[F115mmee, 03/05/01 10:25 FAX 3056480052 CURTIS & KIMBALL ............................................................. ------- ..................... MAR 5 2001 March 1, 2001 Mr. Rob Curtis Curtis&Kimball 4101 Laguna Street Coral Gables, FL. 33146 RE:Request for Waiver of Objection to the Vacation of a street in the City of South Miami Dear Mr, Lugo: After reviewing your site map for the projected area, we realized that the site does not belong to us, therefore we have no objection to the Vacation of the SW 61 Aventie, between Block 14 on the west, Block 15 on the cast, SW 69 Street on the north and SW 70 street on the south, located in the City of South Miami. You may need to contact Charter cable, as to my understanding they are the one,.; respoi)sible for this area. If you have any questions,please call me at 954-538-9300 Thanks Yours truly, George Milne Construction Supervisor Encl. GM/km Recyclocs Paper ......................... .......................... .......................... .......................... ........................... .......................... ........................... v CITY OF SOUTH MIAMI To: Subrata Basu, Assistant City Manager/Community Development Director From: Richard Lorber, Planning Director Subject: Revised JPI/"Shoal Creek" Comp Plan Amendment Date: February 27 2001 C: Sandy Youkilis, Planning Consultant I have reviewed the revised application that was submitted earlier this month, and have some preliminary comments relative to the proposed amendment, based upon my preliminary analysis and discussions with the City Attorney. 1) The application is a revision to the previously submitted application. However, a significant portion of the originally submitted $20,000 fee has already been spent by the City on required newspaper advertising and substantial staff time for review. Based upon discussions with the City Attorney, the applicant should be charged an additional fee, to cover the costs of the previous work and advertisements. Sandy has subsequently prepared a fully developed analysis of advertising costs and staff time, which indicates that the exact amount of the fee should be$9,331.45. 2) The following items were missing from the application as submitted: a) Elevations or artists renderings of any proposed development for the site. (I met with Architect Jorge Mauriz on 1/18,but no renderings of any kind have yet been submitted). b) Power of attorney or consent form signed by one of the property owners (Rita Levin). c) Application for vacation of street for SW 61 Avenue (subsequently submitted on 2/23/01). In verbal conversations with the applicant's representatives, I was told that the above mentioned items would be submitted soon, but to date the elevations and the consent form have not been submitted,and technically, the application remains incomplete. 3). The applicant's cover letter refers to proposed building heights 52 feet on the north side, and 69 feet on the south side. However, taken to its maximum building potential, the TODD land use category could allow up to 8 stories on all sides (if property were rezoned to TODD-5). Nothing in the City's Comp Plan designation limits the project to less than 8 stories; if the City were to approve the land use change, any approval should be_conditioned upon a covenant restricting SHOAL CREEK APPLICATION FEBRUARY 27,2001 PAGE 2 building heights to the appropriate height. An alternative to requiring a covenant would be to process the zoning change simultaneously with the land use change,and require an approved site - plan. a) After preliminarily assessing how the proposed project would interact with the surrounding neighborhood, my recommendation would be that the project be limited to no more than 3 or at most,4 stories on the north side(approx. 40 feet). b) The building height for the south side could be higher, as the surrounding buildings are higher. Six stories would be most appropriate, although the building could be higher there if all aspects of the overall design were in conformity with the characteristics of the environs. 4) The application letter mentions a total of"approximately 250 units". However, the TODD land use designation in the Comprehensive Plan has no density limit, it simply refers back to the LDC. Therefore,I believe it is important to condition any approval on a covenant restricting the property to a defined density; alternatively, as stated above, process the zoning change together with the land use, and limit the project to a specific density that way. a) After assessing how the proposed project would interact with the surrounding neighborhood, my recommendation would be that the densities be capped at approximately 40 units/acre on the north side and 80 units/acre on the south side, with an overall density of approximately 60 units/acre. This density could be increased further if all aspects of the project(design,massing,pedestrian friendly street frontages,etc.)were of such a quality as to warrant it. I estimate that a maximum overall density of 70-80 units/acre may be appropriate in such a case, again with the same provision that the north half of the property have the lower density in proportion to the south half. 5) Regarding the comparable developments which are referenced by the applicant in the revised application, Wnfortunately there is very little of relevance to the subject site here in the City of South Miami. The applicant has chosen to highlight the allowable development regulations of some of the highest intensity areas within Miami-Dade County, such as the massive high rise developments along Sunny Isles Beach, 16-story towers in downtown Coral Gables, or the well known developments in the Brickell Avenue area within the City of Miami. Because of the completely different nature of the South Miami environment and neighborhood characteristics, these developments and their associated development regulations are not appropriate for comparison to any proposed development within the City of South Miami. 6) The new configuration of the requested land use change, and the request for vacation of SW 61st Avenue,is a significant change from the originally requested land use change. These changes to the request make for a more difficult and problematic development in a number of ways. a) The new configuration of the proposed amendment leaves out the easternmost portion of the block, which fronts upon SW 59 Place. This parcel is under different ownership than the new amendment parcel, and has been left out of the amendment request due to differences between the property owners. 2 j SHOAL CREEK APPLICATION FEBRUARY 27,2001 PAGE 3 The omission of this parcel will have the effect of creating an"island" of land which remains designated Mixed-Use 4-story, while the rest of the block is designated TODD. As the omitted parcel would be surrounded by TODD designated land on the east, northeast, and the west, an objection could be raised, either by the Department of Community Affairs, or by the property owner, that the land use change has the effect of creating an isolated enclave of land. b) The application calls for the vacation of SW 61 Street by the City. As proposed, the City would vacate the street between SW 69 Street and SW 70 Street,giving the applicant the east half of the right-of-way and giving the neighboring property owner, Larkin Hospital, the west half of the right-of-way. Then the applicant would purchase the west half from Larkin, and the entire vacated right-of-way area would be incorporated into the proposed project. The applicant states that the vacation of public right-of-way is necessary because the size of the amendment parcel was reduced by the omission of the 59 Place property. The request for vacation of public right-of-way raises concerns. From a planning perspective, it is important to maintain the maximum amount of connectivity on our City's street grid. Current planning theory has identified the uninterrupted street grid pattern as the most important factor in maintaining traffic flows and avoiding congestion on arterial roads. Eliminating this street from our grid network would be contrary to this goal. This is especially true in light of the conditions to the north of the parcel, at the Lee Park housing project. There, the street grid was eliminated, and an ill-conceived "super-block" was created (several years ago—before these concepts were well understood). While there is currently very little traffic using the street segment proposed to be vacated, the potential for increased usage is great. The proposed project, if built in this general location, will generate a very sizable increase in additional vehicular trips. Additionally, there are several vacant parcels in the area to the south and west, which can be expected to be developed to their fullest extent in the coming years. These factors would indicate that the street should be retained as vehicular right-of-way to accommodate future traffic growth. Finally, there is the philosophical issue of the vacation of public right-of-way in general. Currently, the right-of-way exists as city-owned property. The concept that the City would, in effect, give away its property for the benefit of a private developer, is a serious concern from the standpoint of public perception. Any transfer of this amount of public right-of- way should be subjected to the maximum amount of public participation, to insure that the citizens of South Miami are aware of the proposal and approve of both the proposed development concept in general and the vacation of public right-of-way in particular. 7. In general, my planning opinion is that the site is an appropriate location for a fairly intensive multi-family residential structure, with a small amount of retail use fronting the street on the south. However,it is very important to come to a determination of the allowable building height and density for the site, whether through a covenant offered by the applicant, or through the processing of the zoning change and site plan concurrently with the land use change. The exact parameters of the allowable development should be worked out through discussions with the applicant. Also of concern is the request for street vacation,which should be only be approved if there is ample evidence that the overall plan is appropriate for the neighborhood context. 3 s i Youkilis, Sanford From: Youkilis, Sanford Sent: Thursday, February 22, 2001 12:22 PM To: Lorber, Richard Cc: Basu, Subrata Subject: Shoal Creek Development aka JPI SHOAL CREEK(aka JPI PROJECT) For the File: On Thursday, Feb.22,2001 a meeting was held to discuss issues related to this project. In attendence was C.A. Earl Gallop, S. Basu , R. Lorber, S. Youkilis. 1) Fees-it was agreed that this is an amended application and that the City could charge the estimated actual costs of processing the previous application (Aug. 2000), 2) EG suggested adding in "under penalty of perjury"to the affadavits of ownership submitted in the prelim. application. 3) R-O-W Vacation: the City needs to provide a consent letter to allow the street land area to be included in the Comp Plan amendment application; or the applicant should submit a street vacation application to be processed simultaneously with the Comp. Plan amendment. 4) Covenant or conditions on Comp. Plan Change: EG's opinion was that the City could place a condition on a Comp. Plan change that the applicant submits a covenant agreeing to uses, height, density, (units per acre) restrictions and certain development standards (size of units etc).This would substitute for the processing of a zone map/site plan application at the same time as the Comp. Plan amendment. 5) Land Use change only on part of the block; it was felt that DCA might have a problem with this during their review. However the City should not add this area to the amendment until the ZTF recommendations are proposed at a later date. 6) Definition of height/stories discussed; agreed that the current definitions in place are sufficient. 7) CRA Issues: EG will advise City Commissioners in a note that in the future the project will be before them in the form of a zoning (quasi-judicial) change.Therefore they should limit their discussions/reviews if it comes before them as CRA Board members. Staff to remind EG about this letter. 8) EG invited to the Friday March 2 (3:00 PM) meeting with the developer and City staff. 1 r i Youkilis, Sanford From: Youkilis, Sanford Sent: Thursday, February 22, 2001 12:22 PM To: Lorber, Richard Cc: Basu, Subrata Subject: Shoal Creek Development aka JPI SHOAL CREEK(aka JPI PROJECT) For the File: On Thursday, Feb.22,2001 a meeting was held to discuss issues related to this project. In attendence was C.A. Earl Gallop, S. Basu , R. Lorber, S. Youkilis. 1) Fees- it was agreed that this is an amended application and that the City could charge the estimated actual costs of processing the previous application (Aug. 2000), 2) EG suggested adding in "under penalty of perjury"to the affadavits of ownership submitted in the prelim. application. 3) R-O-W Vacation: the City needs to provide a consent letter to allow the street land area to be included in the Comp Plan amendment application; or the applicant should submit a street vacation application to be processed simultaneously with the Comp. Plan amendment. 4) Covenant or conditions on Comp. Plan Change: EG's opinion was that the City could place a condition on a Comp. Plan change that the applicant submits a covenant agreeing to uses, height, density, (units per acre) restrictions and certain development standards ( size of units etc).This would substitute for the processing of a zone map/site plan application at the same time as the Comp. Plan amendment. 5) Land Use change only on part of the block; it was felt that DCA might have a problem with this during their review. However the City should not add this area to the amendment until the ZTF recommendations are proposed at a later date. 6) Definition of height/stories discussed; agreed that the current definitions in place are sufficient. 7) CRA Issues: EG will advise City Commissioners.in a note that in the future the project will be before them in the form of a zoning (quasi-judicial) change.Therefore they should limit their discussions/reviews if it comes before them as CRA Board members. staff to remind EG about this letter. 8) EG invited to the Friday March 2 (3:00 PM) meeting with the developer and City staff. 1 . I Youkilis, Sanford From: Youkilis, Sanford Sent: Wednesday, February 21, 2001 10:12 AM To: Lorber, Richard; Basu, Subrata Subject: SHOAL CREEK PROJECT 1) Let me weigh in on the application fee.... In the absense of regulations to guide us, I would come down on the side of" it is a substantially changed application"and a new fee charged. There are too many "new"factors, new applicant, new size, new properties, adjusted development limits,. I would insist on a new fee...let them appeal to the CA, CM or City Comm. to overturn your decision. Remember the new ads are going to_cost . There will be 3 of them :PB, and two Comm. hearings, each 10 in long etc. with map. Approx. $3500 each.(actual cost of legal and courtesy ads: Aug. 2000 was$2919 + $450) 2).Legal issue : part of their application includes City R-O-W. The City essentially must give permission to include its land in the Comp Plan/or Re-zoning application. How is this done? 3).This application really involves"Y applications to be processed simultaneously.The Comp Plan amendment; the Re- Zoning Request to TODD; and the Street Vacation. All of the applications would be held together thru 1st reading; 2nd reading would have to be delayed until we get the ORC response from DCA(under current State Stat.) 1 Youkilis, Sanford From: Lorber, Richard Sent: Thursday, February 15, 20012:18 PM To: Youkilis, Sanford Subject: FW: JPI amended application Richard G. Lorber,AICP, Planning Director City of South Miami Planning&Zoning 6130 Sunset Drive South Miami, FL 33143 Tel. (305)663-6327 Fax(305)666-4591 -----Original Message----- From: Lorber, Richard Sent: Tuesday, February 13, 2001 12:14 PM To: Earl Gallop (E-mail) Cc: Earl Gallop (E-mail 2); Luis Figueredo (E-mail); Subrata Basu (E-mail) Subject: JPI amended application I received an amended letter of intent and application to modify the JPI land use plan amendment. (I will fax you a copy of the letter). We have a question for you. The facts: 1) The land area "footprint" of the proposed amendment has changed somewhat. a)The original application was for 2.68 acres, and included the whole block of SW59PI/SW70St. b)The new application is for 2.4 acres, has removed the Elias property at the front of the property at SW 59 Place, and will also include an application for the vacation of 61 st Avenue at the rear of the property, to be included in the amendment parcel. 2) The Corporate entity acting as applicant has changed from "JPI" to "Shoal Creek Properties, LLC". 3) New plans, data, forms and supporting documentation has or will be submitted, addressing the revised plans of Shoal Creek. Earl, given the change in footprint, corporate entity, and proposed plans, is this a NEW application, or is it a modification to a previous one? The JPI entity previously paid a fee of$20,000 for the comp plan amendment. Can we charge Shoal Creek $20,000 for a new application, or is this simply a modification of a previously submitted application which already paid the fee? Thanks for answering this for us, Earl. Let us know. Richard Richard G.Lorber,AICP,Planning Director City of South Miami Planning&Zoning 6130 Sunset Drive South Miami, FL 33143 Tel.(305)663-6327 Fax(305)666-4591 1 � 1R Youkilis, Sanford From: Basu, Subrata Sent: Tuesday, February 20, 20016:05 PM To: Earl Gallop Cc: Lorber, Richard; Youkilis, Sanford; Scurr, Charles Subject: RE: JPI amended application Earl: Several observations: • Application fee is for compensating for the staff time to reveiw the application and to pay for very lenghty and expensive legal notices that are required by the statutes. In the first go around the staff completed its review, co-ordinated its efforts with the appropriate outside agencies, published the required legal notice and placed the item at the Planning Board meeting. The applicant requested deferral twice at the meetings of Aug 29 and Sept 26, 2000. You opined in the Aug meeting that if the item is deferred to a date specific and if there is no substantial change, the City will not have to readvertise the item. • lication is different from the original application in An application has now been submitted. The app a number of ways. • The applicant is different • Project configuration is different Originally they indicated 6 stories now they are pushing for 8 stories(although its not a comp plan issue, but an important aspect of the project for our approval) The property configuration is different o The application also now includes a request to vacate a portion of the public right of way. There are a number of options: 1) Consider it as a new application and require a new fee of$20,000. 2) If we accept the premise that it is an amendment to the original application, the we can have them pay for additional staff time and cost of readvertisement. 3) We say we no additional application fee is required. I don't want to be unfair and burdensome at the same time we need to recover our cost. I would support some additional fee based on the concept as outlined in #2 barring some legal reason why it can not be considered an amended application. Earl we also need to meet with you at your earliest convenience on this application, we have some legal issues that I think need to be addressed before we meet with them end of next week. Please let us know when is convenient for you, we will adjust our schedule accordingly. Thanks for your help. Subrata. ----Original Message----- From: Earl Gallop[SMTP:EGallop @ngf-law.com] Sent: Tuesday,February 20,2001 1:57 PM To: 'Basu,Subrata' Subject: RE:JPI amended application The city does not have any rules. What do you recommend? ----Original Message----- From: Basu, Subrata [mailto:SBasu @cityofsouthmiami.net] Sent: Tuesday, February 20, 2001 11:57 AM To: Lorber, Richard; 'Earl Gallop' Cc: Youkilis, Sanford Subject: RE: JPI amended application Well, another side of the equition: the applicant is different(JPI vs Shoal Creek Properties); property configuration Is different, plans/designs are cofigured differently, so does it still qualify as amended application? >-----Original Message----- * From:Lorber, Richard > Sent: Tuesday, February 20, 2001 11:10 AM > To: 'Earl Gallop' T ` > Cc: Basu, Subrata; Youkilis, Sanwrd > Subject: RE: JPI amended application • I personally would think that on the basis of the limited percentage • difference of the original amendment footprint vs. the revised footprint • (probably 25% different in land area affected), timing (revised app • submitted within 1 year of original submittal), and applicant group • corporate structure (J. Harris is a principal of both groups), that we • could say that this is a revision an no new fee is required. However, • others might say that this is enough of a change to justify charging • another$20,000. 1 just want to be sure that we're on the right path with •this. We probably should amend the code/comp plan to address the issue, • but need to determine this one without the benefit of such a directive. • Richard • -----Original Message----- • From: Earl Gallop[SMTP:EGallop @ngf-law.com] • Sent: Tuesday, February 20, 2001 10:02 AM • To: 'Lorber, Richard' • Subject:RE: JPI amended application > OK. What do you recommend? • -----Original Message----- • From: Lorber, Richard [mailto:RLorber @cityofsouthmiami.net] • Sent: Monday, February 19, 2001 9:46 AM • To: 'Earl Gallop' • Subject: RE: JPI amended application • No, Earl, the LDC and Comp Plan are silent. • Richard > -----Original Message----- > From: Earl Gallop[SMTP:EGallop @ngf-law.com] > Sent: Friday, February 16, 2001 3:48 PM > To: 'Lorber, Richard' > Subject:RE: JPI amended application > Does the city have any provisions of the LDRs or Comp plan > that > apply to > determine when an application is a revision or whether the > changes > are so > great to require a new application and fee? > -----Original Message----- > From: Lorber, Richard [mailto:RLorber @cityofsouthmiami.net] > Sent: Tuesday, February 13, 2001 12:14 PM > To: Earl Gallop(E-mail) > Cc: Earl Gallop (E-mail 2); Luis Figueredo (E-mail); Subrata > Basu > (E-mail) > Subject: JPI amended application > I received an amended letter of intent and application to > modify the > JPI > land use plan amendment. (I will fax you a copy of the > letter). We > have a > question for you. The facts: > 1) The land area"footprint" of the proposed amendment has > changed > somewhat. > a)The original application was for 2.68 acres, and included > the 2 > whole block, - > of SW59PI/SW70St. > b)The new application is for 2.4 acres, has removed the, > Elias > "property at< - > the front of the property at SW 59 Place, and will also > include an > application for the vacation of,61 st Avenue at the rear of > the > property, to > be included in the amendment parcel. > 2),The Corporate entity acting as applicant has'changed >from"JPI" > to > "Shoal Creek Properties,LLC". > 3) New plans, data, forms and supporting documentation has > or will ' > be > submitted, addressing the revised plans of Shoal Creek... > Earl, given the change in footprint, corporate entity, and > proposed > plans, > is this a NEW application, or is it a modification to a > previous > one? The > JPI entity previously paid a fee of$20,000 for the comp > plan > amendment. > Can we charge Shoal Creek$20,000 for a new application, or > is this > simply a > modification of a previously submitted application which > already > paid the > fee? > Thanks for answering this for us, Earl. Let us know. > Richard > Richard G. Lorber, AICP, Planning Director > City of South Miami Planning &Zoning > 6130 Sunset Drive > South Miami, FL 33143 > Tel. (305)663-6327 > Fax(305)666-4591 3 c,I c x 9:00 AM' � 3,•moo ,��i. � > �-: . �. / � C s' i C `C A !fib . _ F'AR. �(// GGEENBEGG A T T O R N E Y S A T L A W •- • Tt II • e 1 � � U � I G o•••oo ••e••• •••s•, • • • ee oa•• •a • • a a o n • o•aa •asara Joseph G.Goldstein a = • .a ,' (305)579-0609 • s vvwvv.aoldsteinj @gtlaw.com February 9, 2001 • E ee. e+ •+ao s a VIA HAND DELIVERY a 9 a O A •N•a Mr. Richard Lorber Planning Director • City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: Shoal Creek Properties, L.L.C. ("Shoal Creek") / First Amended Letter of Intent and Filing of Modification to Application for a Comprehensive Plan Amendment of JPI Apartment Development, L.P. Dear Mr. Lorber This constitutes the first amended letter of intent to the pending application originally filed by JPI Apartment Development, L.P. ("JPI") for an amendment of the City of South Miami (the "City") Comprehensive Plan. As you may be aware, JPI filed an application during July of 2000 to amend the City's Comprehensive Plan / Future Land Use Map as it affected an approximately 2.68 acre parcel of vacant and unimproved property located at S.W. 59th Place and S.W. 701h Street in the City (the "Original Application Property"). That request was scheduled for consideration by the City's Planning Board, but was deferred in order to allow the Application to be amended, with the understanding that the configuration of the Original Application Property may change in light of concerns expressed by certain owners of that land. JPI was, at the time, the contract purchaser who had assembled the Original Application Property through a series of purchase and sale agreements (the "Original Agreements"). In one form or another, those Original Agreements have been terminated or assigned, and/or new agreements have been reached with a new entity, Shoal Creek Properties, L.L.C. for the acquisition of 2.4t acres of land (the "Revised Property"), which includes the majority of the Original Application Property. As you can see from the attached legal description (Exhibit "A") and survey, certain parcels that were within the Original Application Property, which fronted on S.W. 59th Place, have been removed. In addition, an agreement has been reached with the owners of Larkin Hospital ("Larkin") to jointly file an application seeking the vacation of S.W. GREENRERC TRAURIG, P.A. 1221 BRICKELL AVENUE MIAMI, FLORIDA 33131 305-579-0500 FAx 305-579-0717 www.gtlaw.coin MIAMI NEW YORK WASHINGTO-N, D.C. ATLANTA PHILADELPHIA TYSONS CORNER CHICAGO BOSTON PHOENIX WILMINGTON LOS ANGELES DENVER S$0 PAULO FORT LAUDERDALE BOCA RATON WEST PALM BEACH ORLANDO TALLAHASSEE w Mr. Richard Lorber 02/09/01 Page 2 61St Avenue and, upon such closure, for Larkin to convey its interest in half of the right of way to Shoal Creek. This would constitute the western boundary of the Revised Property. Shoal Creek has entered into contracts to purchase the Revised Property described in the attached Exhibit "A" (the "Revised Property") and seeks to amend the Application in the following manner: (1) establish Shoal Creek as the applicant, in place of JPI, which no longer has a contractual interest in any of this land; (2) modify the area subject to the Application to be the Revised Property; and (3) provide new plans, data, forms and supporting documentation to address the revised plans of Shoal Creek. The Revised Property is generally zoned as a Medium-Intensity Office District (MO) in the City's Official Zoning Map and is generally designated as a Mixed Use Commercial Residential district (which maintains a fifty foot height restriction) in the Comprehensive Plan / Future Land Use Map'. It remains Shoal Creek's intent to amend the Comprehensive Plan / Future Land Use Map to include the Revised 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 the following: 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 garage of the 117 room Hotel Vila to the south. The Property is also located within a few short blocks of the University of Miami campus. Shoal Creek believes that this location is perfectly situated for a student residential facility, and is proposing the construction of a rental apartment building ranging between 52 feet (on the north) and 69 feet (on the south) in height to be designed and marketed primarily to meet the off-campus housing needs of University of Miami students. The local geography uniquely qualifies the Revised Property for inclusion in the City's Transit Oriented Development District (TODD). 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. 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 Revised Property is directly across the street from the South Miami MetroRail facility. Moreover, 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. As you may be aware, it is Shoal The portion of the Revised Property that constitutes Larkin's portion of the S.W.615`Avenue right of way is zoned H and is designated for Hospital use on the City's Comprehensive Plan/Future Land Use Map. GREENBERG TRAURIG Mr. Richard Lorber 02/09/01 _ --- Page 3 Creek's understanding that the TO designation had been considered for the Revised Property in early transit committee meetings. In addition, the student housing facility proposed for the Revised 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. As further justification for this application, an analysis of the impacts of the proposed student housing facility was prepared by the Curtis & Kimball Company and is enclosed for your review. In addition, preliminary site drawings and elevations are being provided so that City staff will have the opportunity to visualize what is being proposed. We do note, however, that the enclosed plans are conceptual and that they are being provided merely to represent the intent of the applicant as to height, bulk and general design for the project. Detailed site plans will be provided as part of the zoning application, should the City approve this revised application for an amendment to the Comprehensive Plan. To that end and based on the foregoing, Shoal Creek respectfully requests your favorable recommendation of this request for an amendment to the City's Comprehensive Plan / Future Land Use Map to include the Revised Property in Vincere velopment District. attachments cc: Mr. Michael G etz. Mr. J.W. Harris Mr. Tony White Stephen M. James, Esq. • GREENBERG TRAURIG CITY OF SOUTH MIAMI To: Subrata Basu, Assistant City Manager/Community Development Director From: Sandy. Youkilis, Planning Consultant . Subject: Processing Costs JPI Comp Plan Amendment Date: 2-23-01 Summary Application LPA-00-001, Comprehensive Plan Amendment to the Future Land Use Map was submitted to the City on July 7,2000. The following is a calculation of the actual cost to the City (Planning and Zoning Department) for processing the application. The application came before the City's Planning Board on August 29, 2000 at which time it was deferred to a time certain, September 26, 2000 (next meeting of the Planning Board). At that time the item was indefinitely deferred at the request of the applicant. Actual Cost Time Period : July 7,2000—August 29,2000 (7 weeks) Staff Cost Comprehensive plan research; notification letters; meetings with applicant; site visits; preparation of public notices and advertisements; coordination of agency responses; infrastructure analysis; staff report preparation;posting and mail notification. S. Basu (ACM,PD) 8hrs/week x 7= 56 hrs. x $37.08= $2076.36 S. Youkilis(Plan Consult) 18 hrs/week x 7=126 hrs. x $30.00= $3780.00 D. Struder (Adm.Assis.) 1 hr/ week x 7= 7 hrs x $15.07= $ 105.49 Sub Total $5961.85 Public Notice Ads Miami Herald Legal notice published 8-17-00 $2919.60 Miami Herald Courtesy notice published 8-20-00 $ 450.00 Sub Total $3369.60 Total $9331.45 Note:The above total does not include indirect costs and costs expended by other Departments. r CITY OF SOUTH MIAMI PLANNING & ZONING DEPARTMENT DATE: 73 CHECK NO: Z 0 (� PROJECT NAME: ADDRESS: 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) [Plus$10.00 per Newsrack] 03.41.300 OUTDOOR DINING/SEATING PERMIT ($250.00) 03.41.300 TEMPORARY SIGN PERMIT ($35/each time) 01s'Issuance; Renewals: 0 2nd 03 rd 03.41.300 TREE REMOVAL PERMIT ($40.00) 03.41.300 SIDEWALK SALES ($35/each time) 02.19.161 ZONING LEGAL ADVERTISING ($1,000) 03.41.200 ZONING HEARING ADMIN FEES ($ 500) VARIANCES,SPECIAL USE PERMITS,CLOSING OF PUBLIC RIGHTS-OF-WAY,AND WAIVER OF ROW IMPROVEMENTS] 02.19.161 ADMINISTRATIVE WAIVER ADS ($100) 03.41.200 ADMINISTRATIVE WAIVER FEE ($150) 02.19.161 REZONING APPLICATIONS 5 % +($13,500) _ 02.19.161 COMPREHENSIVE PLAN AM EN • 90) , 'A t4/ ���' 02.19.161 PUD/MAJOR CHANGE LEGAL ADS ($1,000) r 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) A :fit 03.41.400 MICROFILM Reader/Printer copies ($7.50/each page) 03.41.400 MICROFILM REPRODUCTION ($15.50/and) 02.19.162 MICROFILM REPRODUCTION ($ 9.50/each) _ -r r7 .} 02.19.162 BLUEPRINT MAPS AND OTHER MAPS [Zoning Maps,City Official Maps,Future Land Use Maps,G.I.S.Maps] 03.69.920 LDC, COMP PLAN & ALL PHOTOCOPIES [$0.15 per single-side copy; $0.20 per double-sided copy] TOTAL i —3 �. 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) `1 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.12-00 N t O 9 j vv J y I cD q g CO ELI � � Ij LU ° CC a O _ Lo A o�.D'L AILW'. oe r,. /M m m Ii o c o (� p, J : ys --finn• n O ° _¢ ° }HLU c a�o v+moo A.L3dvs®Kviouvno . AY r • City of South Miami Planning & Zoning Department © City Hall,6130 Sunset Drive, South Miami,Florida 33143 Telephone: (305)663-6327; Fax: (305)666-4591 Application For Comprehensive Plan Amendment and Public Hearing Before Local Planning Agency (LPA) & City Commission Address of Subject Property: SW 70 St. & 60 Ave . Lot(s) -Zo Block IS . Subdivision Larkins PB 1-- 105 Townsite Meets& Bounds: See attached Exhibit "A" Size of Property : 2 . 4 Acres Applicant: Phone: Shoal Creek Properties , LLC (305) 859-8420 Representative: Organization: Joseph G. Goldstein, Esq. Greenberg Traurig, P .A. Address: 1221 Brickell Avenue Phone: (305) 579-0500 Property Owner: See attached Exhibit "B" Signature: Mailing Address: Contracts of Sale Phone: Architect/Engineer: Mauriz Salazar & Assoc . Phone: (305) 273- 9911 AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: Owner Owner's Representative )LContract 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 APPLY: Comprehensive Plan Amendment X Letter of intent Text: X Justifications for change Future Land Use Map Amendment: X Public Facilities Impact Report Future Land Use Map Amendment Note:See DCA Form RPM-BSP _Proof of ownership or letter from owner (Small-Scale Map Amendment) Small-Scale 1 (Attached) Power of attorney Briefly explain application, cite specific Plan sections to be amended; or indicate Contract to purchase FLUM category change: • X Current survey��®riginal sealed and Amendment to the Comprehensive Plan " " " ""�" p X signed/1 re%qd(I Copy @•1a•X'17") .... _7 copies of Cite Plan •• • to include the Subject Property in 1 reduced&py 11"x 7 X 20% Propeiy oar sign;VwW X Mailing labels(3 sets)and•mep" *969:6 th TODD (4+4) Land Use District _Required Fag(`sj°. .". '. e under gned has read iTj grompleted application and represents that the informat' :,7n,all tibm' d materials are true and, c rrect to e best of th ap a is o rk and belief. • P'•U••• •••• • • • • p ' ant's Signature and title Dare •••••• • . . on receipt, applications and all submitted materials will be reviewed for compliance with the City's Land Development Code, Florida Statutes and Florida Administrative.Code and other applicable regulations. Applications found not in compliance will be rejected and returned to the applicant. ' OFFICE USE ONLY: Date Filed Date of LPA Hearing Date of Commission �? Petition.Required Petition Accepted Method of Payment 1 _ -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: SW 70th Street and 60th Avenue South Miami , FL Applicant: Shoal Creek Properties , LLC Description of Applicant's Proposal: Amendment to the Comprehensive Plan Future Land Use Map to include the Subject Property in the TODD District . PROPERTY OWNER'S ADDRESS NAME(Print) DATE PHONE NO. SIGNATURE See attached Exhibit "C" :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 SITE EXHIBIT "A" S.W. 68TH STREET LU i w • U Q 13 ► ► 12 11 0. 10 �, Z o o CL S.W. 69TH STREET LO 14 / j15 3i Vi P� �O ui S W. 70TH STREET L0CATJf-%v- a 1-1 1 "'KETCH SCALE: 1°' = 300' LEGAL DESCRIPTION: Lots 5 thru 20, Block 15, REALTY SECURITIES CORPORATION'S TOWNSITE OF LARKINS, according to the plat thereof, as recorded in Plat Book 2 at Page 105 of the Public Records of Miami—Dade County, Florida. AND A portion of Becker Street (now known as SW 61st Avenue) lying between Block 14 and Block 15 and bounded on the North by the South right—of—way line of Barrs Street (now known as SW 69th Street) and bounded on the South by the North right—of—way line of Dowling Street (now known as SW 70th Street) all being shown on TOWNSITE OF LARKINS according to the Plat thereof, as recorded in Plat Book 2 at Page 105 of the Public Records of Miami—Dade County, Florida, being more particularly described as follows: Begin at the Northwest comer of said Block 15; thence S 00'03'21" W along the West boundary line of said Block 15, also being the East right—of—way line of 'Becker Street (now known as SW 61st Avenue) for 275.69 feet to the Southwest corner of said Block 15; thence S 89'59'09" W along the Westerly projection of the South boundary line of said Block 15, also being said North right—of—way line of Dowling Street (now known as SW 70th Street) for 40.00 feet to the Southeast corner of said Block 14; thence N 00'03'21" E along the East boundary line of said Block 14, olso being the West right of way line of said Becker Street (now known as SW 61st Avenue) for 275.70 feet to the Northeast comer of said Block 14; thence S 90'00'00" E along the Westerly projection of the North boundary line of said Block 15, also being said South right—of—way line of Borrs Street (now known as SW 69th Street) for 40.00 feet to the POINT OF BEGINNING. j f � City-of-South Miami Planning & Zoning Department © City Hall,6130 Sunset Drive,South Miami, Florida 33143 Telephone: (305)663-6327; Fax: (305)666-4591 Application For Comprehensive Plan Amendment and Public Hearing Before Local Planning Agency (LPA) & City Commission Address of Subject Property: SW 70 St. & 60 Ave . Lot(s) -2 U Block 15 . Subdivision Lark ins PB 2-- 105 Towns siite Meets & Bounds: See attached Exhibit "A" Size of Property : 2 . 4 Acres Applicant: Shoal Creek Properties , LLC Phone: (305) 859-8420 Representative: Organization: Joseph G. Goldstein, Esq. Greenberg Traurig, P .A. Address: 1221 Brickell Avenue Phone: (305) 579-0500 Property Owner: See attached Exhibit "B" Signature: Mailing Address: Contracts of Sale Phone: Arch itect/Engineer: Mauriz Salazar & Assoc . Phone: (305) 273-9911 AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: Owner Owner's Representative J,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 APPLY: Comprehensive Plan Amendment X Letter of intent Text: X Justifications for change Future Land Use Map Amendment: X Public Facilities Impact Report Future Land Use Map Amendment Note:See DCA Form RPM-BSP _Proof of ownership or letter from owner (Small-Scale Map Amendment) Small-Scale 1 (Attached) Power of attorney Briefly explain application, cite specific Plan sections to be amended; or indicate X Contract to purchase FLUM category change: — X Current surrey ;1 iriginal sealed and Amendment to the Comprehensive Plan X signed/1 redimed copy C 11"x 17") —7 copies of Site Plan to include the Subject Property in 1 reduced cr 7 P Y pyCa` 11°x17°` X 20% Propel ty owner signati gyres e X Mailing Iabds(3 sets)and to ip th TODD (4+4) Land Use District — _Required F,)e(s) The undersigned has read t qmpieted application and represents that the informal n an all st=bmiged materials are true and C rrect to e best of th ap ' a is kno and belief. L p ' ant's Signature and title Da e on receipt, applications and all submitted materials will be reviewed for compliance with the City's Land Development Code, Florida Statutes and Florida Administrative.Code and other applicable regulations. Applications found not in compliance will be rejected and returned to the applicant. ' r OFFICE USE ONLY: Date Filed Date of LPA Hearing Date of Commission Petition Required Petition Accepted Method of Payment i a -PUBLIC_HEARING-.---._ _.-------_---- ---__--- PR(- ;RTY OWNE-R'S AWARENESS p wL _ _ -- --..-- ---- __-_- - ---- -- 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: SW 70th Street and 60th Avenue South Miami , FL Applicant: Shoal Creek Properties , LLC Description of Applicant's Proposal: Amendment to the Comprehensive Plan Future Land Use Map to include the Subject Property in the TODD District . PROPERTY OWNER'S ADDRESS NAME(Print) DATE PHONE NO. SIGNATURE See attached E hibit "C" iNOTE: 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). f Page of 1/10/00 } SITE EXHIBIT "A" S.W. 68TH STREET I w U Q LLI 13 I I 12 � � 1 °' 1� Z O O a. S.W. 69TH STREET m /j ji;;/ al OAF. c LO 15 / Vi P� S.W. 70TH STREET 9p in 5 LOCA'a TION SKETCH SCALE: 1" = 300' LEGAL DESCRIPTION: Lots 8 thru 20, Block 15, REALTY SECURITIES CORPORATION'S TOWNSITE OF LARKINS, according to the plat thereof, as recorded in Plat Book 2 at Page 105 of the Public Records of Miami—Dade County, Florida. AND A portion of Becker Street (now known as SW 61st Avenue) lying between Block 14 and Block 15 and bounded on the North by the South right—of—way line of Barrs Street (now known as SW 69th Street) and bounded on the South by the North right—of—way line of Dowling Street (now known as SW 70th Street) all being shown on TOWNSITE OF LARKINS according to the Plat thereof, as recorded in Plat Book 2 at Page 105 of the Public Records of Miami—Dade County, Florida, being more particularly described as follows: Begin at the Northwest corner of said Block 15; thence S 00'03'21" W along the West boundary line of said Block 15, also being the East right—of—way line of Becker Street (now known as SW 61st Avenue) for 275.69 feet to the Southwest comer of said Block 15; thence S 89'59'09" W along the Westerly projection of the South boundary line of said Block 15, also being said North right—of—way line of Dowling Street (now known as SW 70th Street) for 40.00 feet to the Southeast corner of said Block 14; thence N 00'03'21" E along the East boundary line of said Block 14, also being the West right of way line of said Becker Street (now known as SW 61st Avenue) for 275.70 feet to the Northeast corner of said Block 14; thence S 90'00'00" E along the Westerly projection of the North boundary line of said Block 15, also being said South right—of—way line of Barra. Street (now known as SW 69th Street) for 40.00 feet to the POINT OF BEGINNING. FE3-01-;001 12:08PM FROM- i-055 P 002/024 F-8; E , CONTRACT OF SALE BETWEEN LARKIN COMMUNE Y HOSPITAL, INC., as Seller AND SHOAL CREEK PROPERTIES, LLC, as Buyer P JMI58_ 8178:1) TABLE OF CONTENTS—Michael W Sontag 4114100 Page i LMC F:\USERSWIM\Dade Countylsouth MiamALarkin Contractteec-06 contractmoc FES-01-2001 12 08P FROM- T-055 P 003/024 F-35i CONTRACT OF SALE This Contract of Sale (this Contract) is between LARKIN COMMUNITY HOSPITAL, INC., a Florida corporation (Seller) and SHOAL CREEEK PROPERTIES, LLC, a Florida limited liability company (Buyer). BACKGROUND A. Seller is the owner of a tract of land in Section 25, Township 54S, Range 40E located in the City of South Miami, Miami-Dade County, Florida, more particularly described on Exhibit A attached hereto and made a part hereof ("Seller's Existing Property") which abuts the westerly road right of way for S.W. 61" Avenue, a municipal street dedicated to the public and lying between Block 14 and Block 15 of the plat of Realty Securities Corporation's Townsite of Larkins, according to the plat thereof, as recorded in Plat Book 2 at Page 105 of the Public Records of Miami-Dade County, Florida ("SW 61st Avenue"). B. Buyer, in connection with its development of Lot 13 and Lot 14 of Block 15 of the aforementioned plat, is the owner of the tract of land which abuts the easterly road right of way for 61"Avenue ("Buyer's Existing Property"). C. Subject to and upon the terms and conditions set forth below, Seller and Buyer agree to cooperate with each other, with the City of South Miami and with the County of Miami-Dade in effectuating the closure of SW 61st Avenue (the "Street Closure"). D. Upon the vacation of the road right of way for SW 61"Avenue in connection with Street Closure, Buyer wants to purchase all of Seller's right, title and interest in and to the land comprising the former right of way lying between the easterly boundary of Seller's Existing Property and the centerline of SW 61" Avenue, containing approximately 5,520 square feet (the Land") and all related rights and appurtenances, including, without limitation, Seller's right, title and interest, if any, in any express, implied or statutory access easement or appurtenant easement rights related thereto (the Land and related rights and appurtenances 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 purchase price of the Property (the Purchase Price) is $138,000,00 payable in cash at Closing. 2. Earnest Money Deposit. a. Within 3 business days after Buyer receives 3 copies of this Contract executed by Seller, Buyer shall deposit with Akerman, Senterfitt & Eidson, P. A. (Closing Agent), an earnest money deposit in the amount of $7,500.00. {Mf688178:11 CQNTRACT OF SALE—Michael W Sontag " 4/14loo Page 1 t_MC F:\USERSIJIM1Dade CountylSouth MlamMarkin ccntractmDec-06 Contract.DOC FES-01-2001 12:08PM FROM- T-055 P.004/024 F-857 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, money market type demand account at a national bank having an office in Miami, Florida. All interest accruing on the Earnest Money Deposit 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, that party will also be entitled to the interest earned on the Earnest Money Deposit. 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 Chicago Title Insurance Company or 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 gbod and marketable fee simple title to the (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 may, at its election, cure Buyer's objections within 30 days after receipt of Buyer's notice. 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 Sellers 30-day cure tA+tlss� e��a:�t CONTRACT SALE—Michael W.So 4/�4rp6 Page 2 AMC F:IUSERSIJIM1Dade county\South MiamilL_arkln contractkoec-06 contract.QOC FEB-01-2001 12:ION FROM- T-093 ? 003/024 F-35' 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 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 Buyers 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. S. 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. Street Closure Mutual Cooperation. a. Commencing on the Effective Date and continuing through the date of Closing, Seller and Buyer agree to cooperate with each other (including, without limitation, the timely signing of street closure applications, plats, joinders, covenants in lieu of unities of title, or other required instruments) in any submissions for governmental or quasi-govemmental approvals, permits, variances and/or authorizations, relating to the closure of SW 61st Avenue. Notwithstanding.the,foregoing mutual cooperation among the parties, Buyer acknowledges and agrees that Buyer, at its sole cost and expense, shall be responsible for: (i) preparation, filing and processing of any necessary surveys, opinions of title, tentative plats, applications, subdivision bonds, and related govemmental filings through professionals retained by Buyer; and (ii) causing any required landscaping, utilities relocation, and subdivision or other off-site improvements to be installed, constructed or completed in �MI588�7� CONTRACT OF SALE—Michael W Sontag 4114/ 0 Page S LMc F:IUSERSWIMIDade countylSouth MiamiiLarkin Contra=Dec-OS contractDOC FEB-01-2001 12.1OPM FROM- T-056 P.006/024 F-397 accordance with applicable laws and regulations, including any permit conditions or developer requirements in connection with such work. 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 30`"day after the Street Closure has been completed and confirmed in accordance with all applicable governmental laws, ordinances and regulations (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 quit claim deed in form acceptable to Buyer conveying 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. any other documents deemed necessary by Closing Agent or Buyer's counsel; and 4. exclusive possession of the Property. 8. Prorations and Closing Costs. a. Buyer shall assume and be responsible for all ad valorem taxes assessed to the Property from and after the Street Closure. In addition, Buyer shall pay the recording fees, documentary stamps and surtax due for the transfer of title of the Property. b. All closing costs other than as specified above, or as may be specifically allocated elsewhere in this Contract, will be allocated to Buyer; provided, each party shall pay its own attorneys' fees except in the event of litigation. C. 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 (MIS8817" CONTRACT OF SALE--Michael W Sontag 4114100 Page 4 LMC F:\USERS\JIM\Dade Counry\south MiamiUrldn Contractaec-06 Contract.DOC FES-01-2001 12:11 PM FROM- T-055 P 007/024 F-E57 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 to Buyer, 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 to Seller as liquidated damages and the parties thereafter have no further rights, liabilities, or obligations under this Contract. Seller's damages are difficult to ascertain and the amount of the Earnest Money Deposit is a fair approximation of Seller's damages.. 11. Conditions Precedent to Buyer's Obligations. If any of the following Conditions Precedent have not occurred by the Closing Date, then 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, final, nonappealable approvals by all governmental and quasi-governmental agencies of the rezoning of the Property to a Transit Oriented Development District (TODD) Mixed Use-5 zoning classification and such other land use and Zoning approvals, as well as all platting and site plan approvals, in form and content wholly acceptable to Buyer, as may be necessary for the permitting, development and operation of the proposed improvements, including, without limitation, Site Plan Approval from the City of South Miami and Tentative Plat Approval from Miami-Dade County; and b. All requisite approvals by governmental and quasi-govermental authorities, utilities and other agencies necessary for the Street Closure shall have been obtained upon such terms and conditions as may be acceptable to Buyer in its sole discretion and the Street Closure shall be final and nonappealable. C. Buyer may, at Buyer's sole option, waive all or any of the foregoing Conditions Precedent. 12. Commissions. a. Each party warrants to the other party that it has not dealt with any real estate broker or salesman entitled to claim a commission in the negotiation of this Contract. b. Intentionally deleted. 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 iMiS$8178:1} CONTRACT OF SALE—Michael W.Sontag 4114100 Page 5 LMC F:\USERS\JIM\Dade countvkSouth Mlamitt.arkin CantractWec-06 ContractDOC FEB-01-2001 12:11 PM FROM- T-055 P.008/024 'r-357 of this Contract, the obligation or asserted claim for which arises from actions taken or claimed to be taken by the indemnifying party. 13. 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 the general partner or managing member is owned by J. W. Harris or to an entity in which J.W. Harris otherwise owns an interest. ,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. 14. 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., Miami, Florida 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: Larkin Community Hospital, Inc. Attention: Jack Michel President and Chief Executive Officer 7031 S.W. 62"a Avenue South Miami, Florida 33143 Telephone: 305.284.7700 Telecopy: 305.284.7545 With copy to: Attention: Telephone: Telecopy: E-Mail: Buyer: Shoal Creek Properties, LLC C/O J.W. Harris &Company 2665 South Bayshore Drive, Suite 702 Coconut Grove, FL 33133 Attention: James W. Harris, Managing Member (Mrsaa17LU CONTRACT OF SALE—Michael W Sol2taa 4/14/00 Page 6 LMC F:IUSERSIJIMQade County%South MiamlLarWn CarnractlDec-06 CantractDOC EXHIBIT "B" 1 PROPERTY OWNER'S SWORN TO CONSENT I, Jack Michel, as President and Chief Executive Officer of Larkin Community Hospital, Inc.,which is the Owner of the property legally described in the attached Exhibit"A," and which is the subject of the proposed Comprehensive Plan Amendment, do hereby grant consent to Shoal Creek Properties,L.L.C.,to file this application for a public hearing. Dated at Miami-Dade County,Florida,this Q 7 day of �1•��� ,2001. LARKIN C TY HOSPITAL INC., Print Name: 2')�'� J M1C�Cl /�v 2 Address 03/ (/ 'L S S. -- Signature Print Name: �� 'vim- 21,,f Signature Print Name: PROPERTY OWNER'S SWORN TO CONSENT I, James W. Harris, as Owner of the property legally described in the attached Exhibit "A," and which is the subject of the proposed Comprehensive Plan Amendment, do hereby grant consent to Shoal Creek Properties, L.L.C.,to file this application for a public hearing. Dated at Miami-Dade County, Florida, this day of -'b12��4Yt- , 2001. WI SSE Sign at JAMES HARRIS � Print Name: �p Signature Print Name: � Z.�, r'�Z_ MIAMI/JAMESS/I206321/p%sx01!.DOC/2/06/01 FEB-01-2001 12:14PM FROM- T-055 P.013/024 F-857 CONTRACT OF SALE BETWEEN WILLIAM AND RITA LEVIN, as Seller AND SHOAL CREEK PROPERTIES, LLC, as Buyer (MI573914;2) r FEB-01-2001 12:14PM FROM- T-055 P 014/024 F-85T TABLE OF CONTENTS I. Purchase Price.........................................................................................................................1 2. Earnest Money Deposit...........................................................................................................1 3. Independent Contract Consideration.....................................................................................1 4. Title Insurance......................................................................................:..................................1 5. Survey......................................................................................................................................3 6. Inspection Period.....................................................................................................................3 7. Closing.....................................................................................................................................3 8. Prorations and Closing Costs.................................................................................................4 9. Buyer's Remedies....................................................................................................................4 10. Seller's Remedy.....................................................................................................................5 11. Seller's Representations and Warranties.............................................................................5 12. Seller's Covenants................................................................... 13. Conditions Precedent to Buyer's Obligations ...................................................... .............5 14. Commissions.........................................................................................................................5 15. Assignment............................................................................................................................6 16. Notices....................................................................................................................................6 17. Performance...............................................................................................:...........................7 18. Time Extensions....................................................................................................................7 19. Binding Effect........................................................................................................................7 20. Entire Agreement............................................................................... 21. Attorneys' Fees......................................................................................................................7 22. Survival.................................................................................................................................:.7 23. Holidays, Etc..........................................................................................................................7 24. Governing Law..............................................................................:........................................7 (057391421 TABLE OF CONTENTS—Levin 114101 Page E LMC F:\USERSItony\Dade County\South MiamilLevin, Shoal Creek Clean Version with Levin changes.DOC FEB-01-2001 12:14PM FROM- T-055 P.015/024 F-357 25. Risk of Loss.......................... 26. Headings................................................................................................................................9 27. Effective Date.........................................................................................................................9 28. Seller's Cooperation....................................................................................................... ......9 29. Offer to Purchase............................................................................................ EXHIBIT A-THE LAND EXHIBIT B - NON-FOREIGN AFFIDAVIT IM1573914:21 TABLE OF CONTENTS-Levin V4101 Page U LMC F:IUSERSItony\Dade County\South Miami\Levin, Shoal Creek Clean Version with Levin changes.DOC FEB-01-2001 12:15PM FROM-- T-055 P.016/024 F-357 CONTRACT OF SALE This Contract of Sale (this Contract) is between WILLIAM and RITA LENIN, as individuals (Seller) and SHOAL CREEEK PROPERTIES, LLC, a Florida limited liability company (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 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 purchase price of the Property (the Purchase Price) is $227,700.00 payable in cash at Closing (as defined in Paragraph 7). 2. Earnest Money Deposit. a. Buyer shall deposit with Akerman, Senterfitt & Eidson, P. A. (Closing Agent), an earnest money deposit in the amount of $10,000.00 simultaneously upon execution of the contract Buyer. 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, money market type demand account at a national bank having an office in Miami, Florida. All interest accruing on the Earnest Money 'Deposit 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 arid TboeesieFt Fee, that party will also be entitled to the interest earned on the Earnest Money Deposit, . 3. Independent Contract Consideration. Buyer and Seller acknowledges and agre that if Buyer timely terminates this Contract prior to the end of the Inspection Period (as defined in 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. 4. Title Insurance. Page 1 FES-01-2001 12:15PM FROM- T-055 P 017/024 F-857 a. Buyer, at its expense, shall cause Chicago Title Insurance Company or 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 other endorsements as Buyer may require to the extent such endorsements or similar endorsements are available in Florida for an owner of vacant land (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 V.). 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, to object to any exception, condition or matter unacceptable to Buyer in the Commitment, the exceptions OF e- the..Sucuay 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 d. Seller has 30 days after receipt of Buyers notice to cure Buyer's objection e. If Buyer gives notice of any objections within the 15-day period and all of Buyers 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 ii. waive its objections to the Commitment, the exceptions ems#-Me &tray-and accept Sellers title as shown in the CommitmPemed If Buyer fails to notify Seller of its elected remedy, Buyer shall be 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 Buyers specific written approval. Page 2 FES-01-2001 12;16PM FROM- T-055 P.018/024 F-857 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. Intentionally deleted. 6. Inspection Period. a. Commencing on the Effective Date and continuing for 30 calendar days, 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. Intentionally deleted. C. Intentionally deleted. d. Seller grants to Buyer, its agents, contractors and employees, a license, terminable only at the end of the Inspection Period, 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 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, unless same is a result of Buyer's negligence. 7. Closing. a. The "Closing" of this Contract will occur in the Closing Agent's offices at 10.30 a.m., eastem standard time, on or before the 60th day after the end of the Inspection Period (as defined in Paragraph 6) (the Closing Date). b. At the Closing: Page 3 FEB-01-2001 12:17PM FROM- T-055 P.019/024 F-857 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; 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. exclusive possession of the Property. a. 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 if same are available, otherwise based on the prior year's tax bill. Seller shall give credit 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 upon the prior year's tax statement; then after the taxes for the current year are finally assessed, Buyer shall refund to Seiler any amount overpaid by Seller or Seller shall pay to Buyer the amount of any deficiency in the proration. b. Seller will pay for certified assessments and Buyer will assume pending assessments. C. Buyer shall pay recording fees and all documentary taxes 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. 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 speck performance; or b. terminate this Contract. C. If Buyer terminates this Contract due to Seller's default, Closing Agent shall promptly return the Earnest Money Deposit to Buyer, Seller shall reimburse Page 4 4 FES-01-2001 12:17PM FROM- T-055 P,020/024 F-857 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 to Seller as liquidated damages and the parties thereafter have no further rights, liabilities, or obligations under 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 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 litgation 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 a copy of the 2000 tax bill relating to ad valorem taxes. d. From the Effective Date until the Closing, maintain the Property in good condition and repair. 13. Conditions Precedent to Buyer's Obligations. Intentionally Deleted. 14. Commissions. a. Each party warrants to the other party that it has not dealt with any real estate broker or salesman entitled to claim a commission in the negotiation of this Contract. b. Intentionally deleted. Page 5 FEB-01-2001 12:18PM FROM- T-055 P.021/024 F-857 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 the general partner or managing member is owned by J. W. Harris or to an entity in which J.W. Harris otherwise owns an intere€t. Upon any permitted assignment, the assignee shall assume, and Buyer shall be released from, Buyer's obligations under this Contract. 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) an the business day sent if sent by telecopier prior to 5:00 p.m., with a hard copy by U.S. Postal Services, Miami, Florida 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 5996 Paradise QQ4Drive Miami, Florida 33157-2634 Telephone: (� z33-ooZp► Telecopy: 105 2-35• q1413 R= j E-Mail: With copy to: Attention: Telephone: Telecopy: ( ) E-Mail: Buyer: Shoal Creek Properties, LLC C/O J.W. Harris &Company 2665 South Bayshore Drive, Suite 702 Coconut Grove, FL 33133 Attention: James W. Hams, Managing Member Page 6 FES-01-2001 12:18PM FROM- T-055 P 022/024 F-857 With copies to: Janice L. Russell, Esq. Akerman Senterfltt&Eidson 28'floor One S.E. Third Avenue Miami, Florida 33131 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. 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 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 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 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. Page 7 FE3-01-2001 12:19PN FROM- T-OSS P.023/024 F-857 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 and simultaneous payment of the Earnest Money Deposit to Closing Agent, this Contract is an offer to purchase the Property that terminates at 5:00 P.M., Miami, Florida time, on the 5th business day after the date of Buyer's execution of this Contract and payment of the Earnest Money_Deposit unless prior to such time, Seller delivers to Buyer two (2) counterparts of this Contract executed by Seller. When Buyer receives the executed counterpart. of the Contract, Buyer shall forward the original executed counterparts of the Contract to Closing Agent and obtain Closing Agent's execution of this Contract acknowledging receipt of the Earnest Money Deposit. Buyer shall then return one (1) fully executed copy of this Contr to Seller. EXECUTED by Buyer on l , 2001. BUYER: SHOAL CREEK PROPERTIES, LLC, a Florida limite abi ity company By: James W. Harris, managing member EXECUTED by Seller on-AG-w__.,�2j"^, 2001. SELLER: WILLIAM LEVIN RITA LEVIN Page 8 FEB-01-2001 12:20PM FROM- f-055 P 024/024 F-357 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: AKERMAN, SENTERFITTA EIDSON, P.A. ay: Name: Title: . ter 2001 Page 9 FES-01-2001 12:I2PM FROM- T-055 P.009/024 F-857 With copies to: Janice L. Russell, Esq. Akermah Senterfitt 28`"floor One S.E. Third Avenue Miami, Florida 33131 15. Performance. Time is of the essence in the performance of the terms of this Contract. 16. Binding Effect. This Contract is binding upon and inures to the benefit of the successors and assigns of the parties. 17. 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. 18. 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. 19. 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. 20. 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 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 Florida. 21. Governing Law. The laws of the State of Florida govern this Contract. 22. 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. 23. Effective Date. The Effective Date of this Contract is the last date on which the Buyer or Seller executes this Contract. 24. Offer to Purchase. Upon execution by Buyer, this Contract is an offer to purchase the Property that terminates at 5:00 P.M., Miami, Florida 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 two (2) counterparts of this Contract executed by Seller. When Buyer receives the executed counterpart of the Contract, Buyer shall forward the original executed counterparts of the Contract and the Earnest Money Deposit to Closing Agent and obtain Closing Agent's 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. >176;1) CONTRACT OF SALE—Michael W Sontag 4/14100 Page 7 LMC F:IUSERSIJIM1Dade Countyk.South Miamiu.aridn ContracttDec-06 CantracLDOC FES-01-2001 12:13PM FROM- T-055 P 010/024 F-357 25. EXECUTED by Buyer an / 2000. BUYER: SHOAT_CREEK PROPERTIES, LLC, a Florida limit 'fity company , B James W. Harris, managing member EXECUTED by Seller on 2 ' 2000. SELLER:- LARKIN COMMUNITY HOSPITAL, INC., a Florida corpor ' B .✓1i e: 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: AKERMAN, SENTERFITT& EIDSON, P.A. Sy: IV Name: Title: 1 ' 2000 iMIs8817" CONTRACT OF SALE—Michael 1N Sontag 4/14100 Page 8 LMc F:IUSERSIJIMIDade Counry%South MIamHLarkin ContractlDec-06 ContracLDOC FES-01-2001 12:i3PM FROM- T-055 P 01 1/024 F-357 EXHIBIT A—SELLER'S EXISTING PROPERTY Lots 1 and 18 of Block 14 of the Realties Securities' Corporation Larkins Townsite Subdivision, Plat Book 2, Page 105 of the Public Records of Miami-Dade County, Florida IM1688178:1)EXHIBIT B—SURVEYOR'S CERTIFICATE Page 1 FES-01-2001 12:14PN FROM- T-059 P 012/024 F-397 EXHIBIT B - NON-FOREIGN AFFIDAVIT SUBJECT PROPERTY: See Exhibit A attached hereto. SELLER: BUYER: , 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 0 7 2. 9 Q 2 3. Seller's office address is: X1031 f IJ 6 2,yjj I)v-e M ryi Seller understands that this certification may be disclosed to the Internal Revenue Service by Buyer and that any false statement'conUned 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. 41 Cep SWORN TO AND Sl�SSCRIBED before me, the undersigned authority, by Aad( e on this�_ day of_!.vEGerrlbEfi , 2000. Mwm Ar.0 Notary PUB Ic,ISM of P L O 1 Q * * my ca miss+=20W Expm iwRbry 9.2001 '�► , My Commission Expires: iMIS88178:1}EXHIBIT C—NON-FOREIGN AFFIbAVIT Page 2 EXHIBIT "C" GflEENBEflG A T T O R N E Y S - A T L A W • • IflflflfllG 000:0* • •9 0 0000 . • . .. .... • . 0 0 . .. 0000 . . . 0000 0000.0 Joseph G.Goldstein *00000 • •• • (305)579-0609 • • •••• •••••• www.goldsteinj @gtiaw.com February 9, 2001 •• •• • . ; • 0000 •0699• • • • VIA HAND DELIVERY •"'.' '•" ' 0,000 0000•• •000 0 Mr. Richard Lorber 0 ••••• Planning Director • City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: Shoal Creek Properties, L.L.C. ("Shoal Creek") / First Amended Letter of Intent and Filing of Modification to Application for a Comprehensive Plan Amendment of JPI Apartment Development, L.P. Dear Mr. Lorber This constitutes the first amended letter of intent to the pending application originally filed by JPI Apartment Development, L.P. ("JPI") for an amendment of the City of South Miami (the "City") Comprehensive Plan. As you may be aware, JPI filed an application during July of 2000 to amend the City's Comprehensive Plan / Future Land Use Map as it affected an approximately 2.68 acre parcel of vacant and unimproved property located at S.W. 59th Place and S.W. 70th Street in the City (the "Original Application Property"). That request was scheduled for consideration by the City's Planning Board, but was deferred in order to allow the Application to be amended, with the understanding that the configuration of the Original Application Property may change in light of concerns expressed by certain owners of that land. JPI was, at the time, the contract purchaser who had assembled the Original Application Property through a series of purchase and sale agreements (the "Original Agreements"). In one form or another, those Original Agreements have been terminated or assigned, and/or new agreements have been reached with a new entity, Shoal Creek Properties, L.L.C. for the acquisition of 2.4j: acres of land (the "Revised Property"), which includes the majority of the Original Application Property. As you can see from the attached legal description (Exhibit "A") and survey, certain parcels that were within the Original Application Property, which fronted on S.W. 59th Place, have been removed. In addition, an agreement has been reached with the owners of Larkin Hospital ("Larkin") to jointly file an application seeking the vacation of S.W. GREENRERG 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 SAO PAULO FORT LAUDERDALE BOCA RATON WEST PALM BEACH ORLANDO TALLAHASSEE Mr. Richard Lorber 02/09/01 Page 2 61St Avenue and, upon such closure, for Larkin to convey its interest in half of the right of way to Shoal Creek. This would constitute the western boundary of the Revised Property. Shoal Creek has entered into contracts to purchase the Revised Property described in the attached Exhibit "A" (the "Revised ,Property") and seeks to amend the Application in the following manner: (1) establish Shoal Creek as,the applicant, in place of JPI, which no longer has a contractual interest in any of this land; (2) modify the area subject to the Application to be the Revised Property; and (3) provide new plans, data, forms and supporting documentation to address the revised plans of Shoal Creek. The Revised Property is generally zoned as a Medium-Intensity Office District (MO) in the City's Official Zoning Map and is generally designated as a Mixed Use Commercial Residential district (which maintains a fifty foot height restriction) in the Comprehensive Plan / Future Land Use Map'. It remains Shoal Creek's intent to amend the Comprehensive Plan / Future Land Use Map to include the Revised 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 the following: 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 garage of the 117 room Hotel Vila to the south. The Property is also located within a few short blocks of the University of Miami campus. Shoal Creek believes that this location is perfectly situated for a student residential facility, and is proposing the construction of a rental apartment building ranging between 52 feet (on the north) and 69 feet (on the south) in height to be designed and marketed primarily to meet the off-campus housing needs of University of Miami students. The local geography uniquely qualifies the Revised Property for inclusion in the City's Transit Oriented Development District (TODD). 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. 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 Revised Property is directly across the street from the South Miami MetroRail facility. Moreover, 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. As you may be aware, it is Shoal ' The portion of the Revised Property that constitutes Larkin's portion of the S.W. 61"Avenue right of way is zoned H and is designated for Hospital use on the City's Comprehensive Plan/Future Land Use Map. GREENBERG TRAURIG Mr. Richard Lorber 02/09/01 Page 3 Creek's understanding that the TODD designation had been considered for the Revised Property in early transit committee meetings. In addition, the student housing facility proposed for the Revised 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. As further justification for this application, an analysis of the impacts of the proposed student housing facility was prepared by the Curtis & Kimball Company and is enclosed for your review. In addition, preliminary site drawings and elevations are being provided so that City staff will have the opportunity to visualize what is being proposed. We do note, however, that the enclosed plans are conceptual and that they are being provided merely to represent the intent of the applicant as to height, bulk and general design for the project. Detailed site plans will be provided as part of the zoning application, should the City approve this revised application for an amendment to the Comprehensive Plan. To that end and based on the foregoing, Shoal Creek respectfully requests your favorable recommendation of this request for an amendment to the City's Comprehensive Plan / Future Land Use Map to include the Revised Property in the Transit-Oriented velopment District. Sincerely os h st attachments cc: Mr. Michael Getz Mr. J.W. Harris Mr. Tony White Stephen M. James, Esq. GREENBERG TRAURIG GLEE-NBEGG A T T O R N E Y S A T L A W • • 1 � fl (1 � I G •o•°o° •••••• •Oe• • 00 0 a a o o • D a'D E •D a D)y Joseph .Goldstein •, , , , ,a , • ° , • • (305)579-0609 , •�, ± , 0 / www.goldsteinj @gtlaw.com February 9, 2001 °^ 9 ° VIA HAND DELIVERY a o ' J b e A 9•i i y a 0000a• , a , yy' a • a Mr. Richard Lorber Planning Director • City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: Shoal Creek Properties, L.L.C. ("Shoal Creek") / First Amended Letter of Intent and Filing of Modification to Application for a Comprehensive Plan Amendment of JPI Apartment Development, L.P. Dear Mr. Lorber This constitutes the first amended letter of intent to the pending application originally filed by JPI Apartment Development, L.P. ("JPI") for an amendment of the City of South Miami (the "City") Comprehensive Plan. As you may be aware, JPI filed an application during July of 2000 to amend the City's Comprehensive Plan / Future Land Use Map as it affected an approximately 2.68 acre parcel of vacant and unimproved property located at S.W. 59th Place and S.W. 701h Street in the City (the "Original Application Property"). That request was scheduled for consideration by the City's Planning Board, but was deferred in order to allow the Application to be amended, with the understanding that the configuration of the Original Application Property may change in light of concerns expressed by certain owners of that land. JPI was, at the time, the contract purchaser who had assembled the Original Application Property through a series of purchase and sale agreements (the "Original Agreements"). In one form or another, those Original Agreements have been terminated or assigned, and/or new agreements have been reached with a new entity, Shoal Creek Properties, L.L.C. for the acquisition of 2.4f acres of land (the "Revised Property"), which includes the majority of the Original Application Property. As you can see from the attached legal description (Exhibit "A") and survey, certain parcels that were within the Original Application Property, which fronted on S.W. 59th Place, have been removed. In addition, an agreement has been reached with the owners of Larkin Hospital ("Larkin") to jointly file an application seeking the vacation of S.W. GREENBERG TRAURIG, P.A. 1221 BRICKELL AVENUE MIAMI, FLORIDA 33131 305-579-0500 FAX 305-579-0717 www.gtlaw.coni MIAMI NEW YORK WASHINGTON, D.C. ATLANTA PHILADELPHIA TYSONS CORNER CHICAGO BOSTON PHOENIX WILMINGTON LOS ANGELES DENVER S.aO PAULO FORT LAUDEItDALE BOCA RATON WEST PALM BEACH ORLANDO TALLAHASSEE Mr. Richard Lorber 02/09/01 Page 2 61" Avenue and, upon such closure, for Larkin to convey its interest in half of the right of way to Shoal Creek. This would constitute the western boundary of the Revised Property. Shoal Creek has entered into contracts to purchase the Revised Property described in the attached Exhibit "A" (the "Revised Property") and seeks to amend the Application in the following manner: (1) establish Shoal Creek as the applicant, in place of JPI, which no longer has a contractual interest in any of this land; (2) modify the area subject to the Application to be the Revised Property; and (3) provide new plans, data, forms and supporting documentation to address the revised plans of Shoal Creek. The Revised Property is generally zoned as a Medium-Intensity Office District (MO) in the City's Official Zoning Map and is generally designated as a Mixed Use Commercial Residential district (which maintains a fifty foot height restriction) in the Comprehensive Plan / Future Land Use Map l. It remains Shoal Creek's intent to amend the Comprehensive Plan / Future Land Use Map to include the Revised 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 the following: 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 garage of the 117 room Hotel Vila to the south. The Property is also located within a few short blocks of the University of Miami campus. Shoal Creek believes that this location is perfectly situated for a student residential facility, and is proposing the construction of a rental apartment building ranging between 52 feet (on the north) and 69 feet (on the south) in height to be designed and marketed primarily to meet the off-campus housing needs of University of Miami students. The local geography uniquely qualifies the Revised Property for inclusion in the City's Transit Oriented Development District (TODD). 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. 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 Revised Property is directly across the street from the South Miami MetroRail facility. Moreover, 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. As you may be aware, it is Shoal ' The portion of the Revised Property that constitutes Larkin's portion of the S.W. 6151 Avenue right of way is zoned H and is designated for Hospital use on the City's Comprehensive Plan/Future Land Use Map. GREENBERG TRAURIG Mr. Richard Lorber 02/09/01 --- Page 3 Creek's understanding that the TODD designation had been considered for the Revised Property in early transit committee meetings. In addition, the student housing facility proposed for the Revised 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. As further justification for this application, an analysis of the impacts of the proposed student housing facility was prepared by the Curtis & Kimball Company and is enclosed for your review. In addition, preliminary site drawings and elevations are being provided so that City staff will have the opportunity to visualize what is being proposed. We do note, however, that the enclosed plans are conceptual and that they are being provided merely to represent the intent of the applicant as to height, bulk and general design for the project. Detailed site plans will be provided as part of the zoning application, should the City approve this revised application for an amendment to the Comprehensive Plan. To that end and based on the foregoing, Shoal Creek respectfully requests your favorable recommendation of this request for an amendment to the City's Comprehensive Plan / Future Land Use Map to include the Revised Property in Vincere velopment District. attachments cc: Mr. Michael G etz Mr. J.W. Harris Mr. Tony White Stephen M. James, Esq. GREENBERG TRAURIG 1.6 far Proposed Parcel: 103,237 80ksf retail 5,870 trips 80ksf office 1,114 trips 250 units: 1,418 trips total 8,402 trips 165,179 sf Existing Parcel: 153,551 sf Max Development: 4 floors of 38,387.75 sf 3 office = 634 * 3 = 1,902 1 retail = 3,661 total=5,563 trips 2,839 trips net increase 53 units Proposed Vacated ROW: 11,628 sf S2I3NNdld ?S S1O311HAt1 �.I� W .liNnoo aka ivwiN 'imivy Hinos V vzViVS @ Y 1n'(�/�L�,(r� p]71�'C��I pL�I My 11L1�' G9000pJ W O •��bV V Wt'J�WI� V®.Y� VtOG �166-OOt 311tr5 W 1034M Q 1CC �OOIOIf 1nNN AA Q W WI 153 w&ri&t NUI05 C60L �' O 3 U W Z K '�tE'9LVC106SV i DN m K I Q U O i LL qj U Q n M N p 30Vld HAS 'M'S ID ffA i s 1 J L ' J W W zo cr. J J w Q ,1 cc 0 CD (L } � °C = AW = S 0) _ ~ J V F- W U O O 1— U). C6 < W vi u r _t 111 �C J I L ; 0 0 —:—!—F 78— I I I® -----� 1 I I I I I I I I I 1 I a e°°000°oe eoee°ooe � �o h� t- \\` — I � j a as wnalm.00 wo a> VMMgmaaa UFM/i9u-i99-006 W/exn-M-90e MOW vaiuo-w 'A1NnoO 3ava-IWVIW 'IWVIW Hinos d0 AlIO ,► g, ES plee'•Ot+wb'¢me 1mw91%wX/VmzW ing9i Pwv4M•R opt MUM W SHMAMS 'MaNTON3 DxizlnSNO3 S311a3dOad >133UO IVOHS •�a �v; l WSOVIV1�d P DNI SZ'IIXS KAVEI l NILio� J3�� fS ��lll aNb LLI A� �<p ins i�vla IOYS its a� "� R-R a - � a € aad6 a E �° puss r.s R (n �- °� t .6 LU ° gg g \�;• r d �� 6 � s At A Ala __ its OJ �S ���gt B�ta� {� � !3 �b � to 5� � a �� � � � �•�+�'�'�'�' � � � � �$ .�€ � ���. c ag -,was ro J �� < bIi ;'Fa t t I t I t I I t t I I t t t , t RF ,hNY F� 3vmv am al 4 1 I e 1 = I I I 1 I I I 1 1 Ft, It it _30Vld ' �p ic _ rfk r- *.w8't.-.• • _.:. ..F?R' '. ,ta`a"•i ,j 44� 9 i ' x � l� �I Q I > • I i I �9 �. i. °x10'1 .:; .a_,'-c,. .L101�. •g �r `� Ot10'1 `Li) SIV ---- rp Q� t-u �ry �r T W ------ �g !. 000 * d ---- I � � --------------r-- � ---- _ ---------- ---- — —'------------ ' jig R i ---- a k t alit t s hi bib 'iur-i�uscu.r 3nN3" %IM 'M'S — `; ■ -� Q —_ arss� Can�nvonaltdl p �i �' It € t 8 .,-r '. ... '�5? - '.zfi rar.:• a:y, ��: �.*� � x � shy i Ili — ——————— ——————————I— tA AW IOOZ 10:19V IO W!M x•0'599000\19110\JI