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HomeMy WebLinkAboutPZAB 09-18-13 Supporting DocsPZAB.9 PLANNING, ZONING AND APPEALS BOARD FACT SHEET File ID: Title: Location: Applicant(s):: Purpose: Planning and Zoning Department Recommendation: Analysis: Planning, Zoning and Appeals Board: 13-00866zc Quasi -Judicial 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 FOR A PORTION OF THE PROPERTY FROM "T3-R" SUB -URBAN ZONE - RESTRICTED TO "T4-O" GENERAL URBAN ZONE - OPEN, LOCATED AT APPROXIMATELY 5445 BISCAYNE BOULEVARD, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Approximately 5445 Biscayne Boulevard [Commissioner Marc David Sarnoff - District 2] Ben Fernandez, Esquire, on behalf of Ruben Matz, Chocron, LLC; S & R Investments LLC and Isaac Matz 200 S. Biscayne Boulevard #850 Miami, FL 33131 (305) 377-6235 This will change the zoning a portion of the above property from "T3-R" to "T4- 0". Item does not include a covenant. Denial. See supporting documentation. September 18, 2013 ANALYSIS FOR ZONING CHANGE Approximately 5445 Biscayne Boulevard, FILE NO 13-00866zc Pursuant to Article 5 and Article 7, Section 7,1,2,8 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 classifications of the acreage described herein of selected real properties located at approximately 5445 Biscayne Boulevard, Miami, Florida, from "1-3-R" "Sub -Urban — Restrioted" Transect Zone to °T4-0" "General Urban - Open' Transect Zone, The subject property is located within the Upper Eastside NET area and consists of one lot of approximately 0.16 acres located approximately 40.0 feet west of Lot 52 of Bayshore Plaza, 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 subject lot represents a portion of a larger parcel designated "T3-Ru and '74-0". • The most eastern portion of the subject parcel is designated "T3-R" "Sub-Utan- Restricted Transect Zones', • The applioation request involves a rezoning of the aforementioned lot from 13-R" to "T4-0". The proposed rezoning will eliminate an existing split zoned parcel and pursuant to Article 7, Section 7.1.2.8 (a) (3), the proposed rezoning also meets the successional zoning requirement from T3-R to 14-0. A change to T4-0 will allow for entertainment establishments, food service establishments, alcohol beverage service establishments, and general commercial uses that will be incompatible within the T3-0 established residential area immediately to the east, north, and south of the subject property. Thus, the rezoning request represents a clear commercial intrusion within the T3-0 residential area, The proposed rezoning also would eliminate the existing zoning buffer between the single-family residence that immediately abuts the parcel on the east from the portion of the parcel designated T4-0 Transect Zone that allows commercial uses, • The requested zoning designation of T4-0 is inconsistent with the current Comprehensive Neighborhood Plan (mcrIP) designation of "Single Family Residential" and would require a Future Land Use Map (FLUM) amendment to "Low Density Restricted Commercial". Based an the aforementioned findings, the Planning and Zoning Department recommends denial of the proposed rezoning as presented. Analysis for ZONING CHANGE File ID: 13-00866zc Yes No N/A. • a) The proposed change conforms with the adopted Miami Comprehensive Neighborhood Plan and does not require a plan amendment. ❑ b) The proposed change is in harmony with the established land use pattern. n Z ❑ c) The proposed change is related to adjacent and nearby districts. ❑ ❑ d) The change suggested is not out of scale with the needs of the neighborhood or the city. ❑ Z ❑ e) The proposed change maintains the same or similar population density pattern and thereby does not increase or overtax the load on public facilities such as schools, utilities, streets, etc. f) Existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. ❑ ❑ g) Changed or changing conditions make the passage of the proposed change necessary. n Z n // ❑ ❑ PI h) The proposed change positively influences living conditions in the neighborhood. I) The proposed change has the same or similar impact on traffic and does not affect public safety to a greater extent than the existing classification. j) The proposed change has the same or similar impact on drainage as the existing classification. k) The proposed change has the same or similar impact on light and air to adjacent areas as the existing classification. I) The proposed change has the same or similar impact on property values in the adjacent area as the existing classification. m) The proposed change will contribute to the improvement or development of adjacent property in accord with existing regulations. n n) The proposed change conveys the same treatment to the individual owner as to owners within the same classification and the immediate area and furthers the protection of the public welfare. • E o) There are substantial reasons why the use of the property is unfairly limited under existing zoning. ® ❑ p) It is difficult to find other adequate sites in the surrounding area for the proposed use in districts already permitting such use. MIAMI 21 ZONING MAP (EXISTING) NE 57TH ST NE 56TH ST T5-L NE 55TH TER NE 55TH ST TO-8-0 Z NE 54TH ST T5-O T5-R • 1 1 ■ 1 • 0 co O 2 1 • • IP n■ NE 4TH CT BISCAYNE BLVD • • NE 56TH ST mil 11111 MiMo NE 55TH TER Morningside NE 55TH ST IiT3R 1111 NE 53RD ST NE 52ND TER NE 52ND ST Ai] x H W z 111 0 150 300 600 Feet i ADDRESS:5445 BISCAYNE BLVD M IAM 121 ZONING MAP (PROPOSED) NE 57TH ST NE 56TH ST T5-L NE 55TH TER NE 55TH ST TO-8—O Z NE 54TH ST T5-O T5-R O co 2 1 • • IP n■ NE 4TH CT BISCAYNE BLVD • • NE 56TH ST mil 11111 MiMo NE 55TH TER Morningside NE 55TH ST IIiT3R 111 L2111111111111 NE 53RD ST NE 52ND TER NE 52ND ST Ai] x H W z 111 0 150 300 600 Feet i ADDRESS:5445 BISCAYNE BLVD NE 57TH ST NE56THST Morningside NE 53RD ST NE52NDTER NE 52ND ST o g v .aaejlideVe& rp.r: L 0 150 300 600 Feet ADDRESS:5445 BISCAYNE BLVD BE'RCOW RADELL & FERNANDEZ ZONING, LAN® USE ANID ENVIRONMENTAL LAW VIA HAND DELIVERY July,12, 2013 Mr, Anel Rodriguez City of Miami Hearing Boards 444 SW 2n1 Ave 3rd Floor Miami, FL 33130 Re: 5445 Biscayne Blvd. Dear Mr. Rodriguez: This law firm represents Ruben Matz, Chocron, LLC, S & R Invest, LLC and Isaac Matz the applicants in relation to the enclosed application for a rezoning and comprehensive plan amendment. This letter shall serve as the applicant's letter of intent in support of the enclosed applications. Please contact me should you have any questions regarding this application. Thank you for your attention to this matter. SOUTHEAST FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI, FLORIDA 33131 PHONE. 305.374.5300 • FAX. 305.377.6222 • WWW.BRZONINGLAW.COM REZONING APPLICATION AEC V PLANNING DEPAR i Mf PLANNING AND ZONING DEPARTMENT, HEARING BOAR SECTION 444 SW 2nd Avenue, 3rd Floor • Miami, Florida 33130 • Telephor 0 102 Li` 35 www.miami ov.com/hearin 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 (8Y2x11") 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 REZONING APPLICATION Please refer to Article 7.1.2.8 of the Miami 21 Code for Rezoning information. 1. Applicant(s): Ben Fernandez,. Esq. on behalf of Ruben Matz, Chocron, LLC, S & R Investments, LLC, and Isaac Matz 2. Subject property address(es) and folio number(s): 5445 Biscayne Boulevard (01-3218-028-0500) 3. Present zoning designation(s): T4-O and T3-R 4. Proposed zoning designation(s): T4-O (for the T3-R portion) 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) 11 x17" copies and one (1) 8"/x11 copy of the survey of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application. 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? ±0.16 acres 18. What is the purpose of this application/nature of proposed use? To allow parking Rev. 07-2012 3 REZONING APPLICATION 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 $ .50 Minimum (Assumes a 5,000 square -foot lot) $ 2,500.00 b. T6-8 0, T6-12 0, T6-24 0, D1, D2, D3, T6-36 0, T6-48 0, T6-60 0, T6-80, CI -HD: Per square foot of net lot area $ .70 Minimum $ 5,000.00 c. Advertising d. School Concurrency Processing (if applicable) e, Mail notice fee per notice f. Meeting package mailing ee per package *Fees over $2 000 00, shall b Signature Name Ben Fernandez, Esq. Telephone 305-377-6235 pa/., $ 1,500.00 $ 150.00 $ 4.50 $ 6.00 7 the form of a certified check, cashier's check, or money order. Address 200 S, Biscayne Blvd., Suite 850 Miami, Florida 33131 E-mail BFernandez(c ,BRZoningLaw.com 21. What would be the anticipated duration of the presentation in front of the: 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? Please contact the Planning and Zoning Department on the 3rd Floor for information. No. ID Planning, Zoning and Appeals Board 20 minutes and/or ❑ City Commission j--L) tidy tiAlk ° --1\CA\Vi STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this n day of July, 2013, by Ben Fernandez, Esq. who is a(n) individual/partner/agent/corporation of Bercow Radell & Fernandez, P.A. a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take a ..th. (Stamp) Si 41tYsfrb' BEM LLERENA .x ,�? MY COMMISSION k DD 060413 o : , 7 EXPIRE$; Mast 6, 2014 s�ni�r,' •,, Hondati Thru Notary nubllo Underwrltore Rev. 07-2012 4 REZONING APPLICATION AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Ben Fernandez, Esq., 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. ?, 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, 0 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. Ben Fernandez, Esq. Applicant(s) Name App icant(s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this I day of July, 2013, by Ben Fernandez, Esq. who is a(n) individual/partner/agent/corporation of Bercow Radell & Fernandez, P.A. 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 oa.t• (Stamp) MrG��'�.tHf X I siON#OD060413 anda� Mai 8 ly 56Z4 itef Sign Rev. 07-20"12 5 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) Ruben Matz, Chocron, LLC, S & R Investments LLC, and Isaac Matz Percentage of Ownership Subject Property Address(es) Ruben Matz (25%) Chocron, LLC (25%) (Chimol Chocron 100%) S & R Investments LLC (25%) (Ingrid Yuken 5%; Salomon Yuken Trust 45%; Rosa Yuken Trust 45%; Jaime Yuken 5%) Isaac Matz (25%) 5445 Biscayne Boulevard (01-3218-028-0500) 2. List all streetaddress(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): N/A Ben Fernandez Owner(s) or Attorney Name Legal Description(s): N/A Owner(s) or Attorne Sign ture STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 1 day of July, 2013, by Ben Fernandez, Esq. who is a(n) individual/partner/agent/corporat'on of Bercow Radell & Fernandez, P.A. 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 o (Stamp) Sig,iatu i wri t. BETTY U E HENA MY COMMISSION # OD 060413 EXPNIE9: Mot S, 2014 Bonded Thru Notery Public Underwriters Rev. 07-2012 6 Exhibit A LEGAL DESCRIPTION: THE WEST 40.00 FEET OF LOT 52 OF BAYShORE PLAZA, RECORDED IN PLAT BOOK 39, AT PAGE 5 I , OF THE PUBLIC OF MIAMI-DADE COUNTY, FLORIDA Ruben Matz, Chocron, LLC, S & R Invest LLC, and Isaac Matz 5445 Biscayne Boulevard (01-3218-028-0500) Analysis pursuant to article 7.1.2 Miami 21 The subject property is part of a larger commercial property designated for restricted commercial use located on Biscayne Boulevard. The properties immediately to the north south and west are similarly designated for restricted commercial use and properties to the east are designated for single-family residential use. The proposed application would allow the property to be utilized as a surface parking area for the abutting commercial properties to the west. The property is located on the west side of the Morningside perimeter wall and is therefore appropriate for commercial use. Enclosed our photographs of properties within a 300 foot radius of the application site. The property is not appropriate for single family residential use, given that it is part of a commercial property. Context Plan for 5445 Biscayne Boulevard 441 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,`\MF: Ben Fernandez (First Name) (Middle) (Last Name) HOME; ADDRESS:. 200 South Biscayne Boulevard (Address Line 1) Suite 850 (Address Line 2) CiTY: Miami STATE: Florida ZIP: 33131 HOME. PHONE (305) 377-6235 CELL PHONE: (305) 978-2866 EMAIL: BFernandez@BRZoningLaw. com FAX: (305) 377-6222 BOSSINESS or APPLiCA\NT or ENTITY NAME Ruben Matz, Chocron, LLC, S & R Invest LLC, and Isaac Matz BUSINESS ADDRESS: 2742 Biscayne Boulevard (Address Line 1) Miami, FL 33137 (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. Rezoning of the property located at 5445 Biscayne Boulevard, 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? 7 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. oc. 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. N/A c, N/A * Additional names can be placed on a separate page attached to this form. 4. Please describe the nature of the consideration. N/A N/A N/A 5. Describe what is being requested in exchange for the consideration. N/A N/A N/A ACKNOWLEDGEMENT OF COMPLIANCE I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; or civil penalties that may be imposed under the City Code, upon determination by the disclosure requirement was not fully and timely satisfied the following may occur: 1. the application or order, as applicable, shall be deemed void without effect; and 2. no application from any persor or ent' y for the same iss a considered by the applicable ard(s) u til expiration o p •io nullification of the applicatio or order PERSON SUBMITTING DISCLOSURE: the disclosure requirements of and that in addition to the criminal City Commission that the foregoing further force or hall be reviewed or of one year after the Signature Ben Ferna ez Print Name .._:_ knolvn to me ,SIi'ortt to am/ sul's / ibed before me this L day of LI insU'1,o/eot li'a,r acknowledged before me by _._ as identification cuid or is personally STATE OF FLORIDA CITY OF \IIAI\4I t /he f0/'2.4;1)/%/�r , who has produced and u-ho did did not take cni oaili, �. MY COMMISSION EXPIRES: ""' Notary i.nt; i(1,tiUPl'(tii 41rh4!! e 2 ..:+` IF TT YU.EIRENA riot Name Doc. No.;8G54� I/.*? Paf G2MH!l�IC)t,f�017�6�1.4 Page t � : h 5, 2014 Notary Po?* Uhilmiriters SfMM 4.:.ks.A.t�A.'M1Ml!�.LiZ.t�j�tfU, 1 imii 111111111111111 Bill lIiii iiiai iiii i1ii CFH 20 l 2517.: .69984114 OR L,k 21664 Po 0559e (IPS) RECORDED 09/19/2003 13:52110 DEED DOC TAX 8/212.50 SURTAX 6r159.60 HARVEY RUVIN, CLERK OF COURT MIANT—DADE COUHTYr FLORIDA LAST PAGE Ttie Instrument Prepared 9y: GASTON R. ALVAREZ, P.A. Attorney at Law City National Hank tui1din4 2701 Ls Jsune Reed, spite 407 Coral Gables, Ylorida 33134 Property Appraiser* Par0e1 Y.D. No.1 01-3218-028-0010 6 01-3218-028-0500 Grant,so(s) S.a, 0(e), 0d. THIS WARRANTY DEED Made the 'Oh day ofardxar)•�r , A.D. 2003 by CHOCRON, LLC, a Florida Limited Liability Company, hereinafter called the Grantor, to RUBEN MATZ, ISAAC MATZ AND S 0 R INVESTMENTS, I.LC, a Florida Limited Liability Company, EACH AS TO A 25% INTEREST, whose post office address is: , hereinafter called the Grantees; wrTNESSETH, That the Grantor, for and in consideration of the sum of $10,00 and other good valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantees, all that certain land situated in MIAML DADE County, Florida, to -wit, PARCEL I LOTS 1 AND 2, OF BAYSHORE PLAZA, ACC0RDIN0 TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 39, AT PAGE 51, OF THE PUBLIC RECORDS OF MYAMI-BADE COUNTY, FLORIDA. PARCEL II LOT 53 AND WEST 40 FEET OF LOT 52, OF BAYS10RE PLAZA, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 39, AT PAGE 51, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. GRANTOR IS CONVEYING A 75% INTEREST IN THE PROPERTY AND RETAINING A 250 INTEREST, Subject to: Conditions, restrictions, limitations and easements of records, if any, applicable zoning regulations, as they may not be reimposed, Declaration of Condominium as Amended, and taxes for the year 2003 and subsequent years. 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 landis free of all encumbrances, except taxes accruing subsequent to December 31, 2002. IN WITNESS::6EAEOF, the. said Grantor has signed and sealed these presents the day and year first ab.e Si•.-. ... ed and delivered in CHOCRON, -, , lability company o STATE OF FLORIDA COUNTY OF MIAMI-DADE Hy' ,. Gf /G6� Add ger 660 Collins Ave., 1104 Sunny Isles Beach, FL 33160 L,S. I HEREBY CERTIFY that on this day, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Chimal Macron, ae Manager of CHOCRON, LLC, e Florida limited liability company, who produced 1X-CU0.t S .('j -,S e- ae identification and who did not take an oath. I WITNESS my hand and official seal in the County and State last aforesaid this ec) day of My Commission Expires, Ct\Data\RealEstate\CHOCRONWarrantyneed.wpd Print tart' Signature BARBARA PICCIONE SIY COMMISSION II C0 953513 EXPIRES• July 9, 2004 IfOnBed -i r,u I.:,,,1�v prblt Nud,m,drr% Book21664/Page559 Page 1 of 1 A t*1, ')iY‘/' ,.t, IA . , PRP %-it Nrih. e''''''",L * Ap / Applicant Email Address Li Lt, atc41. 131 Project Street Address ING REFERRAL a a Date Pre -Application Meeting Assisted Living Facility Principal Frontage Other: 01-1)-127o)..S os00 Folio Number .3 1 1 Applicant Phone Number TO BE COMPLETED BY THE OFFICE OF ZONING 7i9g 73-R Transect Zone v 7 /4 9777# 4,449,14 y see/..;zie%, (e) Type of P it Requested — ode Section 71--e) 77`g 7--/. 7"--017-6 Summary of Request RefrraE is ed by: CITY OF MIAMI OFFICE OF ZONING Ph: 305-416-1499 ,144 SW .2nd Ave 4th Floor Miami, FL 33130 www.miamigov.com/zodmg figir)P.11 PLANNING AND ZONING DEPARTMENT PROJECTS REVIEW MEETING RE -ZONING Morningside Center 5445 BISCAYNE BOULEVARD PR-13-083 ZONING DESIGNATION:T4-O & T3-R NET DISTRICT: UPPER EASTSIDE 7.18.13 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 (a) (3) and (c) (1) allows the request of a zoning change from T3-R to T4-O. The following comments should be addressed: 1. The applicant may need to provide School Concurrency. You may 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. SCALE: 1 "=2O° EFT -CH `'`EtOPUNTEMLECIF SIR V NY' Rum LV9Sl r Il+n�W / _9v99'iP • LOT 53 f MAI/SHONEs PLAZA ( _ lmx4xA — s NPI4S. 319P . �9 \ 1%E5740.8' OF ZOY 52, ' % LOT S2 RE 01.4. ➢165NE1 INSEAST LEGAL DESCRIPTION: TFtE WEST 40.00 Ftt I OF LOT 52 OF SAYSNORE PLAZA, RECORDED IN FLAT BOOK 39, AT PAGE 51, OF THE PUBLIC OF MIAMI-DADE COUNTY, FLORIDA SW551611 60.0F —y -LEGEND" LOCATION MAP SCALE. NOTISC SURVEYORS NOTES: 1.) EXAMINATION OFABSTRACTOFTITLE WIU. HAVETO BE MADE TO DETERMINE RECORDED INSTRUMENTS, IF ANY. AFFECTING THIS PROPERTY. 2) LOCATION AND IDENRFICATION OF UTILIRES IFANY ARE SHOWN IN ACCORDANCE WITH RECORDED -PLAT. 3) OWNERSHIP IS SUJECTTO OPIMQN OF'DTLE 4.) TYPE DFSURVEY 'SPECIFIC PURPOSE SURVEY.( NOTA BOUNDARY SURVEY) 5.773tl55URVEYISNOT VALID UNLESS SIGNFDANDSEALED BY THE SURVEYOR OF RECORD. 6.) ALL RIGHT OF WAYS SHOWN ARE PIJBUC UNLESS OTHERWAJSE NOTED. 7.) LANDS SURVEYEDAS OESCR1aim. 6) NO UNDERGROUND INSTALLATIONS ON IMPROVEMENTS HAVE SEENLOCATEO, EXCEPT AS NOTED. NOTE THIS SURVEY HAS BEEN PREPARED FOR EXCLUSIVE USE OF THE MIMES NAMED HEREON.THE CERTIFICATE DOES NOT EXTEND TO ANY UNNAMED PARTY. FLOOD ZONE INFORMATION Community Number Panel Number S6)6 On Firm lodeX Font Zone - Base Flood Eev. 120650 0306 D9-1172009 X NONE SOURCE ELEVATION PROVIDED BY DADE COUNTY SURVEY DEPARMENT RELATNETO MEAN SEA LEVEL NATIONAL: GEODETIC VERTICAL DATUM-OF192B LOCATOR INDEX BENCHMARK NO. ELEVATION NOTETNSS swNCTIS.Sfref0EDPGRMORTGAGG on iter A11LE PURPOSE .ONLY. E.CLUSTVELTF.uRIISSLSEsTRmO5ETOWN@tg19CERTIFE➢. THIS SURVEY IS NOT TO !MUSED FORD:ONSTRUCNON.PERA4NIG.12E51GNORANYOMERUSEVATFIOOTWRBTENCLM2NTOFIYOEERTOMRIPlA. R10.41,..1011(RETEREME FION W ELTT P,, PERANFENT CONTROL POINT SIP. SETRi0NAPETD•STAOPED EMI, MUM DRUMM No,E CA ..CEIMP,. RES ..SIDE 1FE-FATESTFL0OR ELEVATION FAG. FM. FLOORIIEVAEON wLiix1TTEASEI.IEIm 1 FENCE R. WARD SN.D.-SET.1.8DISC STAMPEDP+.e Flal-.20 6616 SR➢ICTORE 6D6C ENC..piCROAeEM. m MN.. RA➢mOFWAY CL-C(Em ROBERTO R. BRIZUELA & ASSOCIATES Land Surveyors OFFICE 7319 WEST FIJIGLER STREET MIAMI. FLORIDA 33144 PHONE (305)551-4393 FAX (305)266.6112 wary INE6E9V .. -t... TTNEATbtl1e6CTal11,-54iiEr0FTNE MOVE DESCRIBED PROPERTY -IS CORRZCr 011169 ST.°FAWNNONI10E, AsoDEIIF6ISRECEMI.YSOT/EYFOUNOR6YOIRECAON.N1O-N/.TTN[ E AREND-MC .406MNMSOTNERTNONT11GRE 9NOWN"C NFET5TIEAR@N OFTNE YR1NNNTEOY➢CN.STA`{IL5D55ETFORMLYT.EFCONORODMO ▪ 9LPi6050 9WOVX.MITT1FFL0TMlJWmszPATNE COOS, W 1r,u.mximozrnr-Pa. SATOr. JOB NUMBER• 13-06.122 F1ELDBOOIC— RIELDWORK DATE - UGi126-$U13 REVISIONS? REVISIONSr REVISIONS 3- ROBERT ;BRIZUELA PROFESSIONAL .LANG SURSEVOR N63250 STATCOF FLLORIDA.