The URL can be used to link to this page

Home My WebLink AboutPZAB 02-19-14 Supporting DocsPZAB.5 PLANNING, ZONING AND APPEALS BOARD FACT SHEET File ID: 13-00864zc Quasi -Judicial Title: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-L" SUB -URBAN ZONE - LIMITED TO "T4-L" GENERAL URBAN ZONE - LIMITED, FOR THE PROPERTY LOCATED AT APPROXIMATELY 19 NORTHWEST 41ST STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Location: Approximately 19 NW 41st Street [Commissioner Keon Hardemon - District 5] Applicant(s): Mario Garcia -Serra, Esquire, on behalf of Courtney Properties, LLC 333 SE 2nd Avenue Miami, FL 33131 (305) 579-0837 Purpose: This will change the existing zoning classification for the above property from "T3-L" to "T4-L". Item does not include a covenant. Planning and Zoning Department Recommendation: Denial. Analysis: See supporting documentation. Planning, Zoning and Appeals Board: Continued on September 23, 2013 and January 15, 2014. City Commission: Deferred on October 24, 2013 and continued on January 23, 2014. ANALYSIS FOR ZONING CHANGE Approximately 19 NW 41st Street ALE NO 13-00864zc Pursuant to Article 5 of Ordinance 13114, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal has been reviewed for an amendment to the Zoning Atlas as follows: Application requests: A change to the existing zoning classification of the property located at approximately 19 NW 41st Street, Miami, Florida, from "T3-L" Sub -Urban — Limited" Transect Zone to "T4-L" General Urban - Limited" Transect Zone. The subject property is located within the Little Haiti NET area and consists of Lot 3, Block 5 as described in Exhibit "A" (Complete legal description is on file with the Hearing Boards Section). Review and analysis of the proposed application finds that: • The request is deemed to be in compliance with Section 7.1.2.8 (c) of the Miami 21 Code, since the rezoning involves an extension of an existing Transect boundary. • The applicant is requesting a change of the zoning designation from T3-L to T4-L. • The proposed lot for rezoning currently contains a parking lot serving a commercial/office use on the T5-0 zoned area. • The parking area represents a legal non -conforming use on the T3-L zoned lot • The proposed rezoning change to T4-L will allow food service establishments, alcohol beverage service establishments and general commercial uses such as retail, beauty and barber shops, health spa, fortune tellers, etc. which potentially could adversely affect the established residential T3-L • The proposed rezoning to T4-L will be incompatible within the T3-L established residential area immediately to the west and north of the subject property. Thus, the rezoning request represents a clear commercial intrusion within the residential area. Based on the aforementioned findings, the Planning and Zoning Department recommends denial of the proposal as presented. MIAMI 21 ZONING MAP (EXISTING) J 1— rn z 7 NW 44TH, ST ■ NE 44TH ST ■ ■ T4=L i i G T 3-O NW 42ND ST T3-L T5-O NW 41ST ST T4-L� NW 40TH ST NulIlilul NW 39TH ST 1111111111 Buena Vista East NE 43RD ST ' NE 42ND ST �I T3-L N MIAMI AV T4-O NE 41ST ST T6-8-O 0 150 300 1 1 1 600 Feet ADDRESS:19 NW 41 ST MIAMI 21 ZONING MAP (PROPOSED) NW 1ST AV NW 44TH ST ■ ■ T4-L NW 42ND ST T3-L T4-L NW 41ST ST ■ ■ NE 44TH ST Buena ,Vista NE 43RD ST East i i E T 3-O NE 42ND ST II T3-L 2 T5-O Z T4-L' I I NW 40TH ST NW 39TH ST NW 38TH ST j1950N.K?"P T4-O NE 41ST ST NE 39TH ST NE 38TH ST 0 150 300 1 i i I 600 Feet ADDRESS:19 NW 41 ST I •a.LU nok-NO ‘14 italGlobe age cou rte y MIG836i(40.7a t r 0 0 150 300 600 Feet 1 1 1 ADDRESS:19 NW 41 ST PLANNING AND ZONING DEPARTMENT PROJECTS REVIEW MEETING RE -ZONING 19 NW 41 Street 19 NW 41 STREET PR-13-084 ZONING DESIGNATION:T3-L NET DISTRICT: LITTLE HAITI 7.17.13 The project is subject to review and compliance with the requirements of all City departments, as applicable. The following comments were generated based the Pre -application meeting of July 17, 2013 and are intended to assist and expedite permit applications based on the applicant's voluntary modifications of the project / plans suggested herein. This application has been reviewed for the following permit: o Re -zoning, pursuant to Article 7, Section 7.1.2.8 (c) (1) allows the request of a zoning change from T3-L to T4-L. The following comments should be addressed: 1. Along with the re -zoning request, this application also requires a Land Use change. The applicant needs to apply for the Land Use change with the re -zoning. The applicant may contact Harold Ruck at 305.416.1424 within the Planning and Zoning Department concerning the specific Land Use change required with the zoning change. 2. The applicant may need to provide School Concurrency. You may also contact Harold Ruck at 305.416.1424 to confirm if School Concurrency is required. If so, the applicant may contact Gary Gay at 305.416.1416 within the Planning and Zoning Department concerning the reservation of School Concurrency. Additional comments will be provided upon review of a more detailed submittal. Consequently, the City of Miami reserves the right to comment further on the project as details and/or explanations are provided and may revise previous comments based on this additional information. *** Please note that the Planning and Zoning Department reviews Permit proposals based on Miami 21 and City Code. giving our students the world Superintendent of Schools Alberto M. Carvelho August 19, 2013 VIA ELECTRONIC MAIL Mr. Mario Garcia -Serra, Esquire Greenberg Traurig, P.A. 333 S.E. 2nd Avenue Miami, FL 33131 garcia-serram@gtlaw.com courtneylawfirm@Amail.com giving our students the world Miami -Dade County School Board Perla Tabares Hantman, Chair Dr. Martin Karp, Vice Chair Dr. Dorothy Bendross-Mindingall Susie V. Castillo Carlos L. Curbelo Dr. Lawrence S. Feldman Dr. Wilbert "Tee" Holloway Dr. Marta Perez Raquel A. Regaledo RE: PUBLIC SCHOOL CONCURRENCY - PRELIMINARY ANALYSIS COURTNEY PROPERTIES, LLC FOR 19 NW 41 STREET — LG# 13-008641u1zc LOCATED AT 19 NW 41 STREET PH0113080500775 - FOLIO No.: 0131240200860 Dear Applicant: Pursuant to State Statutes and the Interlocal Agreements for Public School Facility Planning in Miami - Dade County, the above -referenced application was reviewed for compliance with Public School Concurrency. Accordingly, enclosed please find the School District's Preliminary Concurrency Analysis (Schools Planning Level Review) for informational purposes only. As noted in the Preliminary Concurrency Analysis (Schools Planning Level Review), the proposed development would yield a maximum residential density of 6 multi -family units, which generate 3 students; 1 elementary, 1 middle and 1 senior high students. At this time, all three school levels have sufficient capacity available to serve the application. However, a final determination of Public School Concurrency and capacity reservation will only be made at the time of approval of final plat, site plan or functional equivalent. As such, this analysis does not constitute a Public School Concurrency approval. Should you have any questions, please feel free to contact me at 305-995-4501. Sincer Ivan M. R driguez, R. Director I IMR:ir L-114 Enclosure cc: Ms. Ana Rijo-Conde, AICP Ms. Vivian G. Villaamil City of Miami School Concurrency Master File Facilities Planning, Design and Sustainability Ana Rijo-Conde, AICP, Deputy Chief Facilities and Eco-Sustainability Officer 1450 N.E. 2nd Ave. • Suite 525 • Miami, FL 33132 305-995-7285.305-995-4760 (FAX) • arijo@dadeschools.net ConcurrencyManagement System Miami Dade County Public Schools MDCPS Date Application Type of Applicant's Address/Location: Master Folio Additional PROPOSED SINGLE-FAMILY SINGLE-FAMILY MULTIFAMILY Miami -Dade County Public Concurrency Management Preliminary Concurrency Application Number: PH0113080500775 Schools System Analysis Local Government (LG): LG Application Number: Sub Type: 19 NW 41 Street Miami Received: 8/5/2013 1:34:07 PM 13-008641u/zc Application: Public Hearing. Zoning Name: Courtney Properties, LLC for 19 NW 41 Street, Miami FI 33137 Number: 0131240200860 Folio Number(s): # OF UNITS 6 DETACHED UNITS: 0 ATTACHED UNITS: 0 UNITS: 6 CONCURRENCY SERVICE AREA SCHOOLS CSA I Net Available 3 Seats Seats LOS Source Facility Name ; Id Capacity Required i Taken Met Type 2351 ENEIDA MASSAS HARTNER ELEMENTARY 65 1 1 Current YES CSA 6361 JOSE DE DIEGO MIDDLE 216 1 1 YES Current CSA 7791 BOOKER T WASHINGTON SENIOR ADJACENT 776 SERVICE AREA SCHOOLS 1 1 YES Current CSA * o/o An Impact reduction of 19.5 included for charter and magnet schools (Schools of Choice) MDCPS has conducted a preliminary public school concurrency review of this application; please see results above. A final determination of public school concurrency and capacity reservation will be made at the time of approval of plat, site plan or functional equivalent. THIS ANALYSIS DOES NOT CONSTITUTE PUBLIC SCHOOL CONCURRENCY APPROVAL. 1450 NE 2 Avenue, Room 525, Miami, Florida 33132 / 305-995-7634 / 305-995-4760 fax / concurrency@dadeschools.net REZONING APPLICATION RECEIVED PLANNING AND ZONING DEPARTMENT, HEARING BOARDSP E DEP RTMEN i 444 SW 2nd Avenue, 3`d Floor • Miami, Florida 33130 • Telephone 305111 0138 PM 3: 20 www.miamigov.com/hearing boards Welcome to the City of Miami! This application is intended to serve as a guide in assisting you with our public hearing process. Please feel free to contact us, should you have any questions. There is no deadline to submit this application as it is presented semi-annually to the Planning, Zoning and Appeals Board and the City Commission. The application submittal date is the date stamped by Hearing Boards' staff on this page. The responses to this application must be typed and signed in black ink. All pertinent and accurate information/documentation; i.e., the plans, reports, exhibits, shall be presented at the time of filing, in addition to the paid receipt. The applicant is responsible for the accuracy of the information contained in the application and all supporting materials. Should you wish, you could bring the materials to our office for review prior to submittal to ensure completeness. You will be responsible, if needed, to bring an interpreter for the English language to any presentation before city boards, committees and the city commission. A valid power of attorney will be required if neither applicant or legal counsel representing the applicant execute the application or desire to make a presentation before city boards, committees and the city commission. All documents, reports, studies, exhibits (8'/zx11") or other materials submitted during this process will be kept as part of the record. Any documents offered to the Planning, Zoning and Appeals Board and the City Commission, which have not been provided fifteen (15) days before the meeting as part of the agenda materials will be entered into the record at the discretion of the aforementioned Board and Commission. ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE STATES THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. Ordinance No. 12918 states that each person or entity requesting approval, relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees regarding any issue, shall disclose at the commencement (or continuance) of the public hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, for an agreement to support or withhold objection to the requested approval, relief or action. The Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit included in this package must be submitted with the application. The applicant must, at the commencement of any public hearing on the issue, if there is any disclosure to report, read the disclosure into the record. Also, the applicant must supplement the affidavit if there is any new information or additional information to disclose. Copies of City Commission resolutions and ordinances can be obtained at our website through the "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360. Rev. 07-2012 2 MIA 183375519v1 REZONING APPLICATION Please refer to Article 7.1.2.8 of the Miami 21 Code for Rezoning information. 1. Applicant(s): Mario Garcia -Serra, Esquire on behalf of Courtney Properties, LLC 2. Subject property address(es) and folio number(s): 19 NW 41 Street — Folio No. 01-3124-020-0860 3. Present zoning designation(s): T3-L 4. Proposed zoning designation(s): T4-L 5. Per Miami 21, Article 7.1.2.8, c.2 (g), an analysis of the properties within a one-half mile radius of the subject property, including aerial photo of the site as to why the present zoning designation is inappropriate and proposed zoning designation is appropriate. 6. One (1) original, two (2) 11x17" copies and one (1) 8'/2x11 copy of the survey of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application. 7. A clear and legible copy of the recorded warranty deed and tax forms of the most current year showing the present owner(s) and legal description of the property to match the legal description on the survey. 8. A clear and legible copy of the subject property address(es) and legal description(s) on a separate sheet, labeled as "Exhibit A", to match with the current survey's legal description. 9. At least two photographs showing the entire property showing land and improvements. 10. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable. 11. Affidavit of Authority to Act and the Disclosure of Ownership of all owner —and contract purchasers, if applicable —of the subject property. 12. For all corporations and partnerships indicated: a) Articles of Incorporation; b) Certificate from Tallahassee showing good standing, less than one (1) year old; c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation authorizing the person who signed the application to do so; d) Non-profit organizations: A list of Board of Directors less than one (1) year old. 13. Certified list of owners of real estate within 500 feet of the subject property. 14. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit. 15. Original Public School Concurrency Management System Entered Requirements form. 16. The subject property(ies) cannot have any open code enforcement/lien violations. 17. What is the acreage of the project/property site? 0.17 acres Rev. 07-2012 3 MIA 183375519v1 REZONING APPLICATION 18. What is the purpose of this application/nature of proposed use? Rezone property from T3- LtoT4-L 19. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning and Zoning Department on the 3rd Floor for information. No 20. Is the property within the boundaries of an Environmental Preservation District? Planning and Zoning Department on the 3rd Floor for information. No Please contact the 21. What would be the anticipated duration of the presentation in front of the: X Planning, Zoning and Appeals Board 15 Min and/or X City Commission 15 Min 22. Cost of processing according to Section 62-22 of the Miami City Code*: Change of zoning classification to: a. CS, T3-R, T3-L, T3-O, T4-R, T4-L, T4-O, T5-R, T5-L, T5-O, T6-R, T6-L, CI: Per square foot of net lot area Minimum (Assumes a 5,000 square -foot lot) b. T6-8 0, T6-12 0, T6-24 0, D1, D2, D3, T6-36 0, T6-48 0, T6-60 0, T6-80, Per square foot of net lot area Minimum c. Advertising d. School Concurrency Processing (if applicable) e. Mail notice fee per notice f. Meeting package mailing fee per package $ .50 $ 2,500.00 CI -HD: $ .70 $ 5,000.00 $ 1,500.00 $ 150.00 $ 4.50 $ 6.00 *Fees over $25, 000.00, sh ,11 be paid in the form of a certified check, cashier's check, or money order. Signature % - ��]C'9w.. Name Mario Garcia -Serra Address 333 SE 2 Avenue Miami, FI 33131 Telephone 305-579-0837 E-mail Garcia-serramCa�gtlaw.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 1`6 day of July 20 13 , by Mario Garcia -Serra, Esquire who is a(n) jpdividual(partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Rev. 07-2012 MIA 183375519v1 Signature `nPpV MARISOL RODRIGUEZ J� I ";F'� Commission # EE 30092 14 1111mrs. • Notary Public . State of Florida My Comm Expires Sep 27, 2014 REZONING APPLICATION AFFIDAVIT OF AUTHORITY T 0 ACT Before me this day, the undersigned personally appeared Mario Garcia -Serra, Esquire , who being by me first deposes and says: 1. That he/she is the owner or the legal representative of the owner, submitting the public hearing application as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as listed on the foregoing pages. 2. That all owners who he/she represents, if any, have given his/her full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the foregoing petition, X including or 0 not including responses to day to day staff inquires. 3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative. 4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. Further Affiant sayeth not. Mario Garcia -Serra, Esquire Applicant(s) Name A plicant(s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this I t day of July 20 13 , by Mario Garcia -Serra, Esquire who is a(n) individual/partner/agent/corporation of a(n) individual/,partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Signature "" MARISOL RODRIGUEZ Notary Public - State of Florida �� oc My Comm Expires Sep 27, 2014 %4;-'.►`-v Commission # EE 30092 Rev. 07-2012 5 MIA 183375519v1 REZONING APPLICATION DISCLOSURE OF OWNERSHIP 1. List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all, parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if necessary. Owner's Name(es) Courtney Properties, LLC Percentage of Ownership Henry Courtney 50% Margarita Courtney 50% Subject Property Address(es) 19 NW 41 Street See attached Exhibit "A" for Legal Description 2. List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #1 above. Please supply additional lists, if necessary. Street Address(es): Legal Description(s): 4100 N. Miami Avenue Henry Courtney Owner(s) or Attorney Name Ow6r ) igrfature BUENA VISTA HGTS ADD AMD PL LOT 1 LESS E1OFT &ALL LOT BLK 5 s or A orn S STATE OF FLORIDA-- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this / day of July 20 13 , by Henry Courtney who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Signature MARISOL RODRIGUEZ Notary Public - State of Florida My Comm. Expires Sep 27, 2014 % OF ;P Commission # EE 30092 Rev. 07-2012 MIA 183375519v1 6 %X( OIT " I\ LEGAL DESCRIPTION: LOT 3, BLOCK 5, OF BUENA VISTA HEIGHTS ADDITION AMENDED PLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 22, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. ANALYSIS Property: 19 NW 41 Street Current Zoning: T3-L Proposed Zoning: T4-L This is a request for rezoning from T3-L to T4-L. The property is located within the jurisdiction of the Little Haiti Net Office and consists of one (1) parcel comprising .17 acres of land which front on NW 41st Street. Miami 21 allows T3-L properties to be rezoned to the T4-L classification and this request complies with Article 7, Amendment to the Miami 21 Code, 7.1.2.8. regarding successional zoning. The property is simultaneously requesting an amendment to the Miami Comprehensive Neighborhood Plan from Duplex Residential to Low Density Restricted Commercial. The property is under the same ownership as the parcel to its immediate East which is designated T5-O and is the site of a two story office building. The subject property has historically been utilized and continues to be utilized as a parking lot for the abutting office building. The property's current use is considered to be legal non -conforming due to its current T3- L designation. The proposed rezoning will bring the existing and historical use into conformance with the requirements of Miami 21. MIA 183378007v1 �' II otrIIllhItIl�i" II%II i,iemo .III wi' ..�►i:�;icilii� CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2-653, and appearing before the City Commission or any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners' legal representative are not required to fill out this form. 'N. NAME: HOME ADDRESS: Cl'IY: (First Name) (Middle) (Last Nance) (Address Line 1) (Address Line 2) S' 'ATE: Florida ZIP: HOME P1-1ONE: CELL PHONE: FAX: EMAIL: BUSSINESS or APPLICANT or ENTITY NAME Courtney Properties, LLC BUSINESS ADDRESS: 5151 Pine Tree Drive (Address Line 1) Miami, Florida 33140 (Address Line 2) 1. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board, authority, agency, council, or committee. Approval of rezoning and land use change for property at 19 NW 41 Street, Miami, Florida 2. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action? YES 0 NO If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement. Doc. No.:86543 3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. Name Address Phone# a. n/a b. c. * Additional names can be placed on a separate page attached to this form. 4. Please describe the nature of the consideration. n/a 5. Describe what is being requested in exchange for the consideration. n/a ACKNOWLEDGEMENT OF COMPLIANCE. I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing disclosure requirement was not fully and timely satisfied the following,may occur: 1. the application or order, as applicable, shall be deemed void without further force or effect; and 2. no application from any person or entity for the same is •ue shall be revi wed or considered by the applicable board(s) until expiration 91a eriod of one ye• after the nullification of the application or order. PERSON SUBMITTING DISCLOSURE: a re Prime ame of , , 200/3. / Sworn to and subscribed hefbre me this ....i It day instrument was acknowledged before me by as identification and/or is The foregoing produced take an oath. --.---- __-... _ ._ ._._..._• who has personally known to me and who did/did not STATE OF FLORIDA CITY OF MIAML MY COMMISSION EXPIRES: _-,_ _____ ,._-_ ( .',V," Pri4f.,,MARISOL RODRIGUEZ Enclosures) I Doc. No.:86543 ' ? A`. Fnlitoltary ubhc - State of Flonoa :v, rii . Qe: My Comm. Expires Sep 27, 2014 � ';F ,,r ,,,� Commission # EE 30092 ` Page 2 OFF.I9230M 7,34 AEC. "THIS IKSrRUMEKT PREPARED BY AND RETURN To: MARC L FAUST, ESQ. KATZ. BARRON, SQUITERO & FAUSr, P.A. 2699 souni BAYS/1OR$ DRIVE, Trrl FLOOR MIAMI, FLORIDA 3333 CIOR382589 2000 AUG 08 15:57 DOCSTPDEE 5,850.00 SURTX 49387.50 HARVEY RUVIN, CLERK DADE COOKY, FL REAL PROPERTY TAX FOLIO NOS. 01-3124-020-0850 AND 01-3124-020-0860 WARRANTY DEED THIS WARRANTY DEED, made this yr day of August, 2000, between GUI L.P. GOVAERT, individually and as Trustee, Icftued to as the "Grantor", and COURTNEY PROPERTIES, L.L.C., a I1orida limited liability company, having its address at 5151 Pine Tree Drive, Miami, Florida, hereinafter jointly IcffiLed to as the "Grantee". (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations). WI TNESSE TH: That the Grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby aclmowledged, hereby grants, bargains, sells, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Miami -Dade County, Florida., to -wit: Lot 1, less the East 10 feet thereof, and all of Lots 2 and 3, all in Block 5, of BUENA VISTA HEIGHTS ADDITION AMENDED PLAT, according to the Plat thereof, as recorded in Plat Book 3 at Page 22 of the Public Records of Miami -Dade County, Florida. SUBJECT to the following described matters: t . Taxes for the year 2000 and subsequent years. 2.. Comprehensive land use plans, zoning, Iestlictions, prohibitions and other requirements imposed by governmental authority. 3. Restrictions and matters appearing on the Plat .or otherwise common to the subdivision; outstanditig oil, gas and mineral rights of record without right of entry; public utility easements of record. 4. Purchase Money First Mortgage of even date herewith wherein Grantor herein is the Mortgagee and Grantee herein is the Mortgagor in the original principal amount of $780,000.00. - Page 1 of 2 .to OFF.192 JOPC T.`35 TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. • TO HAVE AND TO HOLD, the same in fee simple forever. .. AND THE GRANTOR hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that ..the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to ..December 31,1999 and that said land. is not now and never has been the homestead of the Grantor. IN WITNESS WHEREOF, the Grantor aforesaid has hereunto set its hand and seal on the day and year first above written. Signed, sealed and deliver in the presence of: 00 North Miami Avenue Miami, Florida 33127 [sign and print above] STATE OF FLORIDA ) SS: COUNTY OFMLAMI--DARE ) The fo instrument was acknowledged before me, a notary public, in the County and State last aforesaid, this `f ' day of August, 2000, by GUI LP. GOVAERT, individually and as Trustee f 1 who is personally known to mc, or [ _1 who has prtrduced Lo X+ 04 D t2 lU pit% u crldc as identification. . ?le- (3-00 Address City of Miami MIAMI 21 CODE -ZONING REFERRAL _S' 1/1-51/ op Wiz,„ C snip Hearing Board (Planning Dept) 411 Southwest 2nd Avenue, 3rd floor Miami, Florida 33130 of property(ies): / / iy NW Attached documents for the following to the Code permit application: Waiver appeal Exception Specia tea Plan Warrant appeal Amendmend oning Change Variance Other COMMENTS: —y l .4 21/2 7- 3 - 7 ,- Z M'' ��1� 7;- 3:9 4 � • /., . 2 /‘/5 Offic ' of Zoni 1 Dat 01- at2LJ._020—rac0 EX%fCTA"tittitIER f9FRVEYORS,INC. 3460 FAIRLANE FARMS ROAD, SUITE 6 WELLINGTON, FL. 33414 TEL: 561-314-0769 FAX: 561-314-0770 EXACTA COMMERCIAL U040 SUR.YORS L.B. 7551 'SKETCH OFBOUNDARY-SURVEY LOT 3, BLOCK 5 BUENA VISTA HEIGHTS ADDITION AMENDED PLAT PLAT BOOK 3, PAGE22, M.O.C.R. 19 N.W. 41st STREET, MIAMI, FL 33127 LEGEND: M.D.C.R. MIAMI-DADE COUNTY RECORDS ID_ .IDENTIFICATION LB . UcENSED BUSINESS (P). •DENOTES BEAWNC AND/OR DISTANCE BASED ON RECORD INFORMATION (P). .DENOTES BEARING AND/OR DISTANCE BASED ON PLATS OF RECORD LOT 22, BLOCK 5 BUENA VISTA HEIGHTS ADDITION AMENDED PLAT P.B. 3, PG. 22, M. D. C. R. (C). CALCULATED 8' CHAIN P.B. (MA) •CRY OF M141,41 MUNICIPAL ATLAS <0 ----x x---x PG.. .PAGE(S) CE CENTERLINE UNABLE TO SET •OVE•RHEAD WIRES MONUMENT .CATCH BASIN (INACCESSIBLE) A .PLAT BOOK END OF FENCE-. LINK FENCE •WOOD POWER POLE .SIGN PARKING METER •BRAEK IN LINE SCALE VIEW 1 VIEW1 Q NOT TO SCALE VIEW 2 NOT TO SCALE END OF WALL IS 0.1' W. NORTH RIGHT OF WAY LINE OF N.W. 41st STREET SET 5/8" IRON ROD & CAP, L.B. 7551 MONUMENT LINE (MA)-\ SURVEY NOTES: 1. THIS SURVEY REPRESENTS A BOUNDARY SURVEY AS DEFINED BY MINIMUM TECHNICAL STANDARDS FOR SURVEYING AND MAPPING, CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODES. THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL. OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. THE BEARINGS SHOWN HEREON ARE BASED ON A BEARING OF S.00.31'4411', ALONG THE MONUMENT UNE OF NORTH MIAMI AVENUE, AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP FOR NORTH MIAMI AVENUE. SECTION 87550-26012, SHEET 2 OF 6. 6' 'CONCRETE WALLI 5 PA/tKING SPACES ASPHALT LOT 3 BLOCK 5 1 1I 5 PAi KING SIPACES I I IP OE1 5 PARKING SPACES I ASPHALT I al I II II I 5 PARKING SPACES PLANTER AREA SET 5/8" IRON ROD & CAP, L.B. 7551 N 89' 14'46" W 50.00' (R ONCRETE SIDEWALK a 0 6' CHAIN LINK FENCE I� 1 PARKINGFSITE SPACES I h�N tN I N f )T ASPHALT PAVEMENT N.W. 41 st STRE 55' RIGHT OF WAY (R) 3. THE PROPERTY CONTAINS 0.17 ACRES (7,200 SQUARE FEET) MORE OR IFSS. 4. THE PROPERTY SHOWN HEREON LIES WITHIN FLOOD ZONE X. AS SHOWN IN FLOOD INSURANCE RATE MAP NUMBER 12086C 0304 L, COMMUNITY NUMBER 120650, CNY OF MIAMI. MIAMI-DADE COUNTY, FLORIDA. MAP REVISED DATE: SEPTEMBER 11, 2009. 5. THE SURVEYOR DID NOT DETERMINE OWNERSHIP OF FENCES AND WALLS. SUBSURFACE UTILITIES, FOUNDATIONS AND ENCROACHMENTS WERE NOT LOCATED AND ARE NOT SHOWN HEREON. 6. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES ARE PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. 7. THE SYMBOLS REFLECTED IN THE LEGEND AND ON THIS SURVEY MAY HAVE BEEN ENLARGED FOR CLARITY. THE SYMBOLS HAVE BEEN PLOTTED AT M£ CENTER OF THE FIELD LOCATION AND MAY NOT REPRESENT ME ACTUAL SHAPE OR SIZE OF THE FEATURE. 8. ME INFORMATION DEPICTED ON THIS SURVEY REPRESENTS ME RESULTS OF A FIELD SURVEY ON THE DATE INDICATED AND CAN ONLY BE CONSIDERED AS A REPRESENTATION OF THE GENERAL CONDITIONS EXISTING AT THAT TIME. O 0 V M O 3 NW 44th51 NW 42nd St UNABLE TO SET MONUMENT Oth St (INACCESSIBLE) END OF WALL IS 1.2' E. GATE CONCRETE DROP CURB FOUND NAIL & DISC, NO 1.0. ON 4' X 4" CONCRETE MONUMENT AT P.I. NW 411151 NE 43rd SI NE =2n.d 5t NE N5 401h S. NW 39th St - NE 39th St. LOCATION MAP NOT TO SCALE SCALE: 1" = 20' 10 20 GRAPHIC SCALE I w .4 I so L., W l2h Ai 3K 6p 1Q 4�N VQ 0 o FIB 62 i o 0 0.5' CONCRETES `gyp, 1 d CURB (TYPICAL) N 89'14'46" w 1130.09' (C) nTi FOUND NAIL & DISC, NO LD. ON 4" X 4" CONCRETES hl!'1 MONUMENT MONUMENT AT P.I. :I a LINE (MA) N.E.41 th TREETT__ SURVEY NOTE: (cONIINUED) 9. EXACTA COMMERCIAL SURVEYORS, INC., DID NOT SEARCH THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA FOR OWNERSHIP, RIGHTS -OF -WAY, EASEMENTS OR OTHER MATTERS AFFECTING THE PROPERTY BEING SURVEYED. THERE MAY BE ADDITIONAL RESTRICTIONS NOT SHOWN ON THIS SURVEY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. LEGAL DESCRIPTION: LOT 3, BLOCK 5, OF BUENA VISTA HEIGHTS ADDITION AMENDED PLAT, ACCORDING TO THE PLAT THEREOF. AS RECORDED IN PLAT BOOK 3, PAGE 22, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY FLORIDA. THIS SURVEY IS CERTIFIED TO: HENRY COURTNEY. CERTIFICATE: THIS IS TO CERTIFY TRAT THIS BOUNDARY SURVEY WAS C RGE AND IS ACCURATE AND COR CT TO THE BEST J4VIER DE LA ROCHA PROFESSIONAL SURVEYOR AND MAPPER N0. 6080 STATE OF FLORIDA EXACTA COMMERCIAL SURVEYORS. INC. LB. 7551 MADE UNDER MY RESPONSIBLE OF MY KNOWLEDGE AND BEUEF. CLIENT: HENRY COURTNEY DATE 07/02/13 DRWN BY J.E.C. LAST FIELD DATE: 06/20/13 JOB NO. FL 1306-1949