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HomeMy WebLinkAboutPZAB 1-21-15 Supporting DocumentationPZAB.2 File ID: Title: Location: Appellant(s): Applicant(s): Purpose: Finding(s): Planning & Zoning: PLANNING, ZONING AND APPEALS BOARD FACT SHEET 14-01012wt Quasi -Judicial A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL, THEREBY APPROVING WITH CONDITIONS OR DENYING, THE WARRANT PERMIT APPLICATION NO. 2013-0031, ISSUED BY THE PLANNING DIRECTOR ON SEPTEMBER 18, 2014, TO ALLOW AN OUTDOOR DINING AREA ON THE PROPERTY LOCATED AT APPROXIMATELY 916 NORTHEAST 79TH STREET, MIAMI, FLORIDA. Approximately 916 NE 79TH Street [Commissioner Keon Hardemon- District 5] Abed Hammoud, abutting property owner. 889 NE 78 Street Miami, Florida 33138 Ben Fernandez, Esquire, on behalf of Boteco Restaurant. 200 S Biscayne Blvd, Suite 850 Miami, Florida 33131 (305) 377 - 6235 The approval of this appeal may rescind the warrant permit. Recommended approval with conditions of Warrant Permit No. 2013-0031 issued on September 18, 2014, and denial of the appeal. Planning, Zoning and Appeals Board: Continued from November 5, 2014. City of Miami Planning and Zoning Department ANALYSIS FOR APPEAL OF A WARRANT APPROVED WITH CONDITIONS REQUEST: Pursuant to Article 6, Section 6.3.2 set forth in the Miami 21 Code, the Appellant seeks to rescind the decision of the City of Miami, Planning and Zoning Department, for granting the Approval of a Warrant with Conditions for Boteco Restaurant. PROJECT ADDRESS: Approximately 916 NE 79th Street, Miami FL 33138 FILE ID: 14-01012wt WARRANT PERMIT NUMBER: 2013-0031 APELANT(S): Abed Hammoud APPLICANT: Ben Fernandez, Esquire on behalf of the property owner Boteco Restaurant, 200 S. Biscayne Blvd, Suite 850, Miami, FL, 33131 NET OFFICE: Upper East Side HEARING DATE: November 5, 2014 COMMISSION DISTRICT: 5 FOLIO#: 0132070163570 ZONING DESIGNATION: T5-O (Urban Center Zone - Open) GENERAL COMMENTS On March 15, 2013, the Planning Department received an application for a Warrant Permit, submitted by the owner of Boteco Restaurant, located at 900 NE 79th Street, Miami, FL 33138. The applicant proposed to add 85 seats and 25 tables to an existing 1,254 SF outdoor dining terrace in addition to the interior 2,375 SF existing building, as per microfilm records. On September 18, 2014, the City of Miami Planning Department recommended Approval With Conditions of the subject Warrant Permit # 2013-0031 (Copy of the Warrant Permit, and Final Decision attached). On October 03, 2014, the Planning Department was notified that an Appeal to seek the rescision of the Warrant with Conditions was filed with the PZAB, pursuant to Article 6, Section 6.3.2 set forth in the Miami 21 Code. FILE ID# 14-01012wt Page 1 of 3 City of Miami Planning and Zoning Department FINDINGS AND CONDITIONS The Subject appeal, was reviewed pursuant to Article 7.1.2.4e of the Miami 21 Code, and the Warrant was approved with Conditions, pursuant to Article 6, Section 6.3.2, of the Miami 21 Code, the Zoning Ordinance of the City of Miami, Florida. Pursuant to Section 7.1.3.4 of the above cited Zoning Ordinance, the Planning Department referred the appeal to the following Departments and/or Boards: • City of Miami, Zoning Department • Upper Eastside NET Office, Neighborhood Enhancement Team • City of Miami Code Enforcement Their comments and recommendations have been duly considered during the review of this appeal decision. In reviewing this application, pursuant to Article 7, Section 7.1.2.4d of the Zoning Ordinance, the following findings have been made: FINDINGS • As of the date of issuance of the Warrant with Conditions (September 18, 2014) there have been no Police reports of any noise or disturbance violations, at Boteco Restaurant. • A Service Request Summary Report issued on October 07, 2014 by the City of Miami Office of Code Enforcement shows one Noise Violation, reported on April 05, 2011. (Refer to copies of records attached herein). No other Violation has been reported by the City of Miami Office of Code Enforcement since the report associated to Boteco Restaurant was closed on April 13, 2011. Based on the above findings and the considered advice of the officers and agencies consulted on this matter and pursuant to Section 7.1.1.2 of the Zoning Ordinance, the Department recommends to Sustain the Approved Warrant with Conditions subject to the plans submitted by the applicant and on file with the Planning Department as well as the following limitation: CONDITIONS 1. Beer, Wine and alcoholic beverages may be consumed both at tables and counters provided it is in conjunction with the principal and primary consumpsions of meals. 2. Records of all purchases and gross retail sales of food and non alcoholic beverages and all purchases of gross retail sales of alcoholic beverages must be maintained separately. The records required above must be maintained on the premises, or other designated place approved in writing by the City for a period of three years and shall be made available within 14 days upon demand by an officer of the City. FILE ID# 14-01012wt Page 2 of 3 City of Miami Planning and Zoning Department 3. It shall be unlawful) to play or operate music boxes, jukeboxes, radios, musical instruments or any other musical devices on or about the premises between the hours of 11 p.m and 7 a.m the following day, unless said music devicess are played or operated in a closed building and the sound is not audible from the outside of the building so as to disturb the quiet, comfort or repose of persons in any dwelling, hotel or other type of rsidence. 4. Any noise generated on site shall conform to Chapter 36 of the City Code noise regulation. 5. Failure to comply with the conditions herein shall result in this Warrant permit being revoked. cCk r) j _ \ Antonio Pe ez Chief of Lad Development Date 1 -14 FILE ID# 14-01012wt Page 3 of 3 Service Request Summary Report Oct 07, 2014 11:07 AM Type: NOISE VIOLATION Area: City of Miami Group: COM Code Enforcement Jurisdiction: CITY OF MIAMI Input By: CM1517 CC Groups: Location: 916 NE 79TH ST, City of Miami, FL - 33138 SR #: 11-00097058 Priority: 3-Standard Status: Closed Status Date: Apr 13, 2011 10:20 AM Created Date: Apr 05, 2011 04:24 PM Created By: CM1517 Method Received: Phone Description: Residents came to office stated Boteco Restaurant at night on the weekends and sometimes during week, but moreso on the weekends have loud Noise coming from their restaurant at night. They have a loud movie screen and music SR Questions ,What is causing the noise? «lint time did the noise violation occur' Please provide noise violation location, Did you utilize the map? You must map property address (on the parcel)) ;An inspector will be dispatched to investigate your complaint Code Enforcement will begin enforcement in 7 day. Call 311 for status of your request or provide an email address to have the the results sent to von. Legacy Case Number Answers Boteco Restaurant back of restaurant they put up a large mode screen at night on Sat. & Sun and during wv eek. They play loud music or movies past 2-am in the morning. Keeps residence up late. 2:00 AM BACK OF RESSTAUR- .N T HAVE A PATIO BAR WITH A MOVIE SCREEN THEY PUT UP LATE AN NIGHT. LOUD MUSIC OR OBSCENE MOVIES PLAYED. RESIDENTS HAVE KIDS. Yes CE2011007021 311 HUB # YOU ARE CURRENTLY ONLINE AT 62030057 Logged in as TREISHA BROWN:1,020A Answer Hub Service Hub Basic Search Feedback Once citation in Collections, person only speaks to Collections Service Request Type I I SIRIA ID 916 NE 79TH ST runt Lamm' I FL 5,12.1 [131381 [Created Dale (Start) 1 Created Dale fEnd) IInput By SHOW Advanced Sesich Fields Export To: NI SR View: << Fint < Prey Next Last >> Page 1 of 1 Total Results: 11 SR ID It- SR Type Address 14-10400220 14-1 GA5:021 5 13-G0199634 12-OG.124523 12-GD1174,-.6 12.00092753 11-00097663 11-000V058 1_10:OG04097 14.12135355 11-060970:?0 CODE ENFORCEMENT CU INSPECTION REQUEST FIRE r00 INSPECTION REQUEST NO BUSINESS FAX RECEIPT 1 CERTIFICATE OF USE Sewch Clear $ City Zip • Status $ Created fit 4 Last Actvt 134 City of Miami 33138 C-CLOSED 08405r2014 08/26/2014 916 NE 79TH ST 916 NE 79TH ST 916 NE 79TH ST NET NSW CUSTOMER 916 NE 79TH ST SERVICE REQUEST NET NSW CUSTOMER 916 NE 79TH ST SERVICE REQUEST ZONING CALL BACK 916 NE 79TH ST REQUEST ZONING CALL BACK REQUEST 916 NE 79TH ST NO BUSINESS FAX RECEIPT / CERDFICATE 916 NE 79TH ST OF USE NO BUSINESS FAX RECEIPT / CERTIFICATE 916 NE 79TH ST OF USE NOISE VIOLATION 9t6 NE 79TH ST ILLEGAL CONSTRUCTION 916 NE 79TH ST City of kliam1 33138 C-CLOSED 08/05/21314 08/05,2014 CO of Miami 33138 C-CLOSED 0711812014 137/3012014 City of Miami 33138 0/CLOSED 10/21/2013 City of Miami 33138 C-CLOSED 10;31/2012 City of Miami 33138 C-CLOSED 04;19/2012 04/19.2012 City of Miami 33138 C-CLOSED 04102/2012 134/02/2012 City of Mon 33138 C-DUP 04/06/2011 Coy of Miami 33138 C-CLOSED 04E05/2011 04/1312011 City Of MiaMi 33138 C-CLOSED 04105/2011 041312011 Gay of Miami 33138 . C-CLOSED 02117/2010 03109/2010 0 150 300 MIAMI 21 MAP 600 Feet Address: 916 NE 79 ST 0 150 300 600 Feet lit 111111 Address: 916 NE 79 ST Outlook.com: Boteco warrant Page 1 of 2 ', -3 Outlook.com Basic does not support editing draft messages. From: /4 t' 11%C Subject: Boteco warrant fippe- Date: Thu 10/0'14 6:51 AM F4 : 32 1,(4441,4:47# ) 3_ v 9 3 I Mr Francisco Garcia Director, planning and zoning department Thank you for taking the time to listen to my complain regarding Boteco Brazilian Bar. As you requested I am attaching documents - police reports - petition to oppose Boteco's Bar request of adding 85 seats and 25 tables. -pictures showing Boteco's valet and customers using our street (78th st. to park their cars on our lawn in front of our home. - a correspondence letter between Ms. Berta Davis , Sr. Net Administrator, And Commander Manuel Morales. - Correspondence letters to Ms. Irene Hegedus. - A Biscayne Times article complaining about Boteco to the mayor Regalado. Since Boteco Bar open their business around 2007 me and the neighbors made lots of phone calls to the police complaining about the loud music and noises coming from Boteco which played music till around 2:00a.m. This business Boteco is in violation of the City of Miami code section 4-8 distance separation from residential district (see copy enclosed) 500 ft away from residential. They don't have sound barrier building to prevent the emission of sounds ( loud music, drunk and disorderly crowd sheering) vibration and odors. In conclusion we do not agree in approving this warrant to Boteco Bar. We are working citizens who deserve to rest after a day of hard work and want to enjoy a quiet night with our families. Having unknown people coming and going is disturbing the tranquility of our street, and putting in danger our kids. .S4-7-1.6e4.eita Sp-14,b ��� la v 3-- /4- L DECISION r, er(Fe'rnan e 0 Btscae; v iarnLEL 33131 f Fr$itd 1Tha cisco,J. Garcia„D�jrpctor f ginning & Zoning i?ppartrnent I:EAcSEi Ak OTIDE- IAt' Address: bite `850 File No. 13-0031 f.:Ras'Y INAL )ELISION HAS BEEN REACHED ON THE FOLLOWING MATTER: Outdoor Dining (Boteco Restaurant) 916 NE 79.St., Upper Eastside Tina! Decision: d Approval B Approval with -conditions ❑ 'Denial FINDINGS AND CONDITIONS The subject proposal has been reviewed for a Warrant pursuant to Article 6, Section 6 3.2, Of tile Miami 21 Code, as adopted, the Zoning Ordinance of the City. of Miami, Florida. This Section states explicitly that a Warrant shall be.:required for outdoor dining area arid the display and sale of items from vending carts. Pursuant to Section: 7.1:3.4 of the above --cited Zoning Ordinance, the Planning Department has • Madereferrals to the.fo1IoWing Departments and Boards • Office of Zoning, Manning& Zoning Department • Upper Eastside NET°Office, Neighborhood Enhariceinerit Team Their comments and recorimniendations have been duly :during the review of this final decision. In reviewing this application, pursuant to. Section 7.1.2.4.(d) of the Zoning Ordinance, 'the foil owing:fihdingshave been. Made: FINDINGS Applicant is proposing an outdoor dining area fora restaurant "BotecO, • The proposed outdoor dining area consists of 25 tableswith:85 seats .adjacent to the building. + The proposed location for the outdoor dining area Is on the west side of the property located at the side of the building within private property on the new terrace. • The proposed outdoor dining area has been designed effectively not to disrupt the safe flow of :pedestrians on the pedestrian walkway. File No.13.0031 • It is_found .that a Certificate of Use for a restaurant was issued 07/23/2007 and is allowed the sale of beer, wine and alcoholic beverages but shall be incidental to the saleand consumption of food, :Beer, wine and alcoholic beverages may be consumed both at tables and counters provided it is in conjunction With the principal and: primary.consumption of meals. • In accordance with the recorded Declaration of ;Restrictions Section .3 Subsection (c) & (d) records_ of all purchases and grossretail sales of food and non-alcoholic beverages and all purchases of gross retail sales of alcoholic beverages Must be maintained ;separately. The records :required above must be maintained on the premises, or other designated place approved in writing by the City fpr a period of three years and shall be made available within 14 days upon' demand by an officer of the city. Pursuant to Sec. 7.1.2.4 (d) of the Miami 21 Code, the City': of Miami Zoning Ordinance, the application has been reviewed and found sufficient. Based on the above findings and the considered advice of the officers and agencies consulted pn this matter and pursuant to Section 7.1.1.2 of the Zoning Ordinance, the subject proposal is hereby approved with conditions subject to the plans submittedby theapplicant and on file with the Planning Department as well as the following;timitation: CONDITIONS: 1. Beer, wine and alcoholic .beverages may be consumed both at tablet and counters provided itis in conjunction with theprincipal and primary consumption of meals. 2. Records of all purchases and gross retail sales of food and non-alcoholic beverages and all purchases of gross retail sales of alcoholic beverages must be maintained separately. The records required above must be maintained on the premises, or other designated place approved in writing by the City for a period of three years and shall be made available within 14 days upon demand by an officer of the City. 3. It shall be unlawful to play or operate music boxes, jukeboxes, :radios, musical Instruments or any; other musical devices on or about the premises between the hours of 11 p.m. and 7 a.m. the foliowmg day, unless said music devices are played or operated in a closed building and the sound Is not audible from the outside of the building so as to disturb' the quiet, comfort or repose of persons in any dwelling, hotel or other type of .residence. 4. Any noise generated on site shall conform to Chapter 36 of the City Code noise regulation. S. Failure to comply with the conditions herein .shall result in this Warrant permit being revoked: NOTICE The final decision ;of the -Director may be appealed to the Planning, Zoning, and Appeals Board by :any aggrieved party, within fifteen (15) days of the date of issuance by filing a written, appeal and appropriate)fee with:the Office of Hearing Boards, iodated at 444 SW 2" d Ave., 3rd Floor, JViianii, FL/ 313b. Telephone number (305) 416.2030 Signature Francisco,! . G'eFcia, Director Planning Zoning Department Date ABUTTING+OWN,ER OWNER ADDRE.$5: CiV, STATE CODE pPAty T .'':.' CITY OF MIAMI WARRANT GRTESY NOTICE , Jf (k Residence 889NE .78 S_t mismi LtW38 ^2OO S Biscayne Blvd. Suite 850 CITY, STATE CODE Miami, FL 33131 You are hereby notified that the application submitted by the above to the Director of the City of Miami Planning & Zoning Department for a Warrant has been approved for the following proposal: PROPERTY AFFECTED 916 NE 79 Street ZONING DESIGNATION T5-0 NATURE OF APPLICATION To allow an outdoor dining area of 85 seats and 25 tables on an existing terrace of 1,254 sq. ft. for an existing restaurant. The subject Warrant was approved on The enclosed copy of the final decision contains the findings made by the Planning & Zoning Department. September 18 2014 Article 7.1.2.4e of the Miami 21 Code allows any person or persons jointly, or any board, agency or officer of the City of Miami aggrieved by the decision of the Director of the Planning & Zoning Department on an application for a Warrant to seek review of such decision by the Planning Zoning & Appeals Board. To do this, within fifteen (15) calendar days of the date the decision was rendered, an appeal must be filed with an appropriate fee paid to Hearing Boards located at 444 SW 2rd Avenue on the 3rd Floor. For an appointment to appeal, please call 305-416-2030. The petition and supporting documents for this Warrant are on file at the Planning & Zoning Department located at 444 SW 2nd Avenue on the 3rd Floor, Miami, Florida 33130 and are available for public review during regular working hours. Please call (305) 416- 1400 for an appointment to review the documents. C I T P I a n n i x 0 n M I A n g & Zoning D e p a r 444 SW 2m AVE 3' FLOOR MIAivn, FL 33130 NW W.MIAMIGOV.COM/PLANN1NG M I t m e n t WARRANT NOTIFICATION LETTER You are hereby notified that an applicatio'ra will be submitted to the City of Miami Planning Department for approval of a Warrant under the provisions of the Miami 21 Code; for the following proposal: NOTIFICATION TO: JOSE A GONZALEZ &W MARTHA ABUTTING OWNER NAME ABUTTING PROPERTY ADDRESS APPLICANT APPLICANT ADDRESS CITY, STATE ZIP CODE SUBJECT PROPERTY ZONING DESIGNATION NATURE OF APPLICATION 929 NE 78 ST 916NE79ST,LLC 900 NE 79th Street Miami, FL 33138 900 :NE 7 9" Street T5-O Boteco Restaurant The applicant is proposing to add 85 seats and 25 tables on existing terrace of 1.254 sq. ftfor outdoor seating area in an addition to the interior area of 2.375 sq. ftof existing building as per microfilm records FOR NEW CONSTRUCTION: PROPOSED USE(S) HEIGHT No. of PARKING SPACES SQUARE FOOTAGE (by use): ri'a FOR ALL OTHER APPLICATIONS: DETAILED DESCRIPTION OF PROPOSAL This project will be reviewed for approval for a Warrant; consequently the Planning Department will have on file all documentsplans and supporting materials ;pertaining to this proposal. Should you wish to review this file it will be made available by appointment with the Land Development Division of the Planning Department located at 444 SW 2"`' Avenue. 3`° Floor. For an appointment please call at (305) 416-1400 The Final Decision issued by the Planning Director may be appealed to the Planning, Zoning, and Appeals Board (PZAB) pursuant to provisions set forth in the Miami 21 Code. within fifteen (15) days of the date of issuance (posting to City's weasite) of the Warrant permit by filing a written appeal and appropriate fee with the Office of Hearing Boards located at 444 SW 24d Avenue. 3'" Floor, Miami. FL 33130 For an appointment, please call (305) 416-2030 The Miami 21 Code rewires that all abutting property owners, registered Neighborhood or Homeowners Associations City Commissioner be notified of Warrant applications in an approved notification letter. . Planning Department 4".. //i 15-13 Office of Zoning:. CITY OFf1'i l ANt I '' 1 i4 T, r! n. n t,.I..fit, •k, rt, ■ -11 BERCOW RADELL & FERNAN DcZ ZONING, LAND USE AND ENVIRONMENTAL LAW Direct: 305-377-6235 E-Mail: BFernandezun,BRZoningLaw.com VIA HAND DELIVERY April 25, 2013 Mr. Rafael Rodriguez Warrant Coordinator City of 'Miami Riverside Center Department of Planning 444 SW 211d Avenue, 3rd Floor Miami, FL 33130 Re: Warrant for Outdoor Seating Boteco, 900 NW 79th Street, Miami, Florida Dear Mr. Rodriguez: This law firm represents 916NE79ST, LLC, the Applicant in relation to the referenced application for a Warrant to allow outdoor seating for Boteco Restaurant, a Brazilian restaurant located on NE 79th Street in the Upper East Side. This letter shall serve as the Applicant's letter of intent. The Property is developed with a single story commercial building that is occupied by Boteco Restaurant. Boteco is a successful Brazilian restaurant that is primarily neighborhood serving and specializes in traditional Brazilian and South American cuisine. The property contains a large outdoor area, which can readily accommodate outdoor seating for the restaurant. The enclosed Warrant application is requesting approval to allow 85 seats and 25 tables on an existing 1,254 square foot outdoor seating area. The main restaurant will continue to operate within the larger 2,375 square foot existing building. The proposed outdoor seating is consistent with the intent of the property's T-5 0 Transect, as the outdoor seating will be ancillary to the commercial restaurant and will enhance the dining experience at Boteco. The application is also consistent with Article 4, Table 12, the Miami 21 Design Review Criteria, as there is no new construction proposed. WACHOVIA FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI, FLORIDA 33131 PHONE. 305.374.5300 • FAX. 305.377.6222 • WWW.BRZONINGLAW.COM Mr. Rafael Rodriguez April 25, 2013 Page 2 For all of the foregoing reasons, we hereby request your favorable review and approval of this Warrant for outdoor seating. Enclosures BF/b1 Ben Fernandez BERCOW RADELL & FERNAN DEZ ZONING, LAN ID USE ANED ENVIRONMENTAL LAW -' 11111111111111111111111111111111111111111 CFN 2007R04!6845 OR Bk 25747 Fss 1430 = 1435; (days) RECORDED 07/02/2007 109 :41:15 HARVEY RUVIHr CLERK OF COURT MIAMI—DADE COUNTY? FLORIDA This instrument prepared by and should be returned to: Louis J. Terminello Terminello & Teinuinello, P.A. 2700 S.W. 37th Avenue Miami, Florida 33133 (Space Above For Recorder's Use Only) DECLARATION OF RESTRICTIONS I. GENERAL a. The Owner will comply with all applicable laws and statutory requirements including the City of Miami Zoning Ordinance and Chapter 4 of the City of Miami Charter and Code, as amended,including expressly Sec. 4-13. - -- - II. RECITALS a. The. restaurant owners are the sole corporate officers and stockholders of Came & Compagnia, LLC (the "Restaurant"). b. The Corporation's place of business is in the real property legally described in Exhibit "A" (the "Property") attached to this Declaration of Restrictions. c. The property is owned by Steda Investments, LLC, who are parties to this Declaration. d. Came & Compagnia, LLC, is or will be the valid holder of a 4COP liquor license in Miami -Dade County issued by the State of Florida's Division of Alcoholic Beverages and Tobacco ("FDABT"). e. The Restaurant, authorized by the Property Owner, desires to place the quota alcoholic beverage license on the Property, but would function as described herein. f. To insure that such placement is compatible with the surrounding community, and to allow for the establishment of a liquor -serving restaurant with a 4COP quota license within 1,500 feet of another 4COP quota license, the Property Owner and the Restaurant Owner, their heirs, successors and assigns, freely, voluntarily and without duress makes the following Declaration of Restrictions covering and running with the Property. g. The terms Restaurant, Liquor and Alcoholic Beverage shall be defined as in Sec. 4-2 of the Charter and Code of the City of Miami. 111. Limitation on Use a. Sale of beer, wine and alcoholic beverages (if allowed by law) shall be incidental to the sale and consumption of food. Beer, wine and alcoholic beverages (if allowed by law) may be consumed both at tables and counters provided it is in conjunction with the principal and primary consumption of meals. b. At least 60 percent of total gross revenues must come from retail sale on the premises of food and non-alcoholic beverages. The required percentage must be maintained on a daily basis. c. Records of all purchases and gross retail sales of food and non-alcoholic beverages and all purchases of gross retail sales of alcoholic beverages must be maintained separately. d. The records required in subsection (c) above must be maintained on the premises, or other designated place approved in writing by the city for a period of three years and shall be made available within-1-4-days-upon demand -by an officer of the city.— The city shall approve written requests to maintain the aforementioned records off the premises when the place to be designated is the business office, open eight hours per work day, of a corporate officer, attorney, or accountant; the place to be designated is locate in the city ; and the place to be designated is precisely identified by complete mailing address. e. Since the burden is on the holder of the restaurant license to demonstrate compliance with the requirements for the license, the records required to be kept shall be legible, clear, and readable. f. The required percentage shall be computed by adding all gross sales of food, non- alcoholic beverages, and alcoholic beverages and thereafter dividing that sum into the total of the gross sales of food plus non-alcoholic beverages. g• The restaurant will immediately comply with any request by the city to audit or inspect the annual receipts of the establishment for purposes of verifying the percentage of alcoholic beverage sales. h. Upon request of the city the restaurant shall provide an independent audit by a certified public accountant indicating revenues derived from the sale of alcoholic beverages. i. The written menu should be able to be read by a person with average eyesight under the existing lighting conditions anywhere in the service area without the need of a secondary light source. j. A majority of the food listed in the written menu shall be available while the restaurant is open. k. No alcoholic beverages shall be sold after the hours of serving food. I. Nothing contained herein shall preclude the sale of the 4COP license to a third party if the Restaurant closes, moves to another location, or if the Restaurant ceases the serving of alcoholic beverages. Any such sales shall be conducted in compliance with the State Beverage Law, City or County Alcoholic Beverage Laws, bar zoning ordinance and other applicable laws. m. The number of Restaurant 4COP quota licenses issued in this zoning district shall be as permitted by the Charter and/or state law. N. BINDING EFFECT a, The restrictions set forth in this Declaration during their lifetime shall be for the benefit of and the limitation upon all present and future owners of the Property and for the public welfare. b. The Declaration on the part of the Property Owner and Restaurant Owner shalt constitute a covenant running with the land and shall, at the cost of the Property Owner, be recorded in the public records of Miami -Dade County, Florida, and shall remain in full force and effect and binding upon the Property Owners, their heirs, successors, and assigns until such time as it is modified, released, the quota alcoholic beverage license is moved from the Property, if the City adopts legislation that permits the placement of 4COP-licensed establishments with more liberal conditions than those contained herein, or if the Restaurant Owner seeks the term to end. V. TERM a. This Declaration of Restrictions is to run with the Property and shall be binding on all parties and persons claiming under them for a period of thirty (30) years from the date it is recorded. b. At the conclusion of the thirty (30) year period, this Declaration shall be extended automatically for successive periods of ten (10) years, unless an instrument signed by the majority of the Owners of the Property has been recorded agreeing to change the Declaration, in whole, or in part, provided that this Declaration of Restrictions has first been released by the City. VI. MODIFICATION a. This Declaration of Restrictions may be modified, amended, or released as to the Property or any portion thereof, by the Owners of the fee simple title of the Property, provided the same is also subject to approval by the Planning Director or Zoning Achninistrator, who must diligently and reasonably determine the approval or denial of said modification, amendment, or release. b. Should this Declaration be so modified, amended or released, 'the Zoning Administrator, his/her successor, shall forthwith execute a written instrument effecting and acknowledging such modification, amendment or release. c. Any modification, amendment or release must be approved as to legal form by the Office of the City Attorney. VII. INSPECTION AND ENFORCEMENT a. Enforcement shall be by action of law or in equity against any party or persons violating or attempting to violate this Declaration of Restrictions, either to restrain violation or to recover damages. b. The prevailing party in such action or suit shall be entitled to recover, in addition to costs and disbursements allowed by law, such sums which the court may adjudge to be reasonable for the services of his attorney. c. Enforcement may be exercised by the City and it is understood and agreed that any official inspector of the City of Miami may have the right to deteiiuine whether the terms of this Declaration of Restrictions are being fulfilled. d. Violation of this Declaration can result in the nullification of this Declaration, provided that the City provide written notice of the alleged violations and that the Owner shall have thirty (30) days to correct the alleged violation and fails to do so. VIII. SEVERABILITY a. Invalidation of any one of the provisions of this Declaration of Restrictions by judgment of Court shall not affect any other provisions, which shall remain in full force and effect, provided however, that such invalidation may be grounds for the City to amend the zoning and/or land regulations applicable to the Property. DC. RECORDED COPY a. The Owner shall promptly record this instrument. b. The Owner will furnish the City Zoning Administrator and the Department of Hearing Boards with a copy of the recorded instrument within thirty (30) days of recordation. [SIGNATURES AND ACKNOWLEDGEMENTS FOUND ON THE FOLLOWING PAGE] [CONTINUED FROM PREVIOUS PAGE] Witnesses: C40i6 S. ltrsat',�c(�b Print e 5a.h.v4( A. 2✓Coc+r'i Print Name STATE OF FLORIDA COUNTY OF ML& v I-DADE ) SS Restaurant Owner: C • • MPAGNIA, LC A Florid. •.'..ration By: STEFANJ CARNIATO, MANAGER The foregoing instrument was acknowledged before me this 2Q' day of J`-' vt , 2007, by STEFANO CARNIATO, as MANAGER and on behalf of CARNE & COMPAGNIA, LLC, who is personally known to me or produced valid driver's licenses as identification, �o russion RUBERT B'' Notary Public • State of Florida Notary Public • Jvly Commission Name: sion Expires Jarr31, 2010 4 Commission # DD 512644 Print Name: Bonded By National NotaryAssn. 0 Witnesses: Print Name a.w.,-et A t2�d�al� Print Name STATE OF FLORIDA ) SS COUNTY OF MIAMI-DADE Proper Owner: STEDA 1t STMENTS, LC A Florid ration By: STEFANi IARNIATO, MANAGING MEMBER /.v The foregoing instrument was acknowledged before me this ' day of rV , 2007, by STEFANO CARNIATO, as MANAGING MEMBER and on behalf of STEDA INVESTMENTS, LLC, who is personally known to me or produced valid driver's licenses as identification. My Commission Expires: " Or P.Cf,..". Bonded By r?aliOna' v,intary Assn. SAMUEL A. RUBERT \ Not* Pubic - Startle o! Fluids pity Cos n sston Expires Jan 31, 2010 Commission 11 DO 512644 Notary Public Sign Name: Print Name: BK 25747 F'G �. 4 rT PAGE EKEITRIT A Lots 12-14, Block 21, less the North 5 feet thereof, of Shore Crest, a subdivision according to the Plat thereof, as recorded in Plat Book 10, at Page 23, of the public records of Miami -Dade County, Florida. Parcel Identification Number: 01-3207-016-3570, 01-3207-016-3580, and 01-3207-016-3590 N:\Data A-J\BOTCO\Restrictive Covenant 6.11.07.DOC CARNE & COMPAGNIA, LLC INDEPENDENT ACCOUNTANT'S REPORT For the Period July 1, 2013 through June 30, 2014 Independent Accountant's Report To: The Members and Management of Carne & Compagnia, LLC Miami, Florida We have examined management's assertion that during the twelve months ending June 30, 2014, the Company was in compliance with the criteria set by the City of Miami Zoning which states, on a daily basis, at least 60 percent of total gross revenues must come from retail sale on the premises of food and non-alcoholic beverages. The Company's management is responsible for the assertion. Our responsibility is to express an opinion on the assertion based on our examination. Our examination was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants and, accordingly, included examining, on a test basis, evidence supporting management's assertion and performing such other procedures as we considered necessary in the circumstances. We believe that our examination provides a reasonable basis for our opinion. In our opinion, managements assertion referred to above is fairly stated, in all material respects, based on at least 60 percent of the total gross revenues came from retail sale on the premises of food and non-alcoholic beverages for the twelve months ending June 30, 2014. Coral Gables, Florida July 16, 2014 Came & Compagn la, I,I C DBA Boteco Monthly Sales Analysis June 2013 to June 2014 LI Jun-13 Jul-13 Aug-13 Sep-13 Oct-13 Nov-13 Dee-13 Jan-14 Alcohol 28225.65 25,497.50 22,97150 19,659.75 21,582.00 23,44125 21,005.75 26,042.75 Beer 26,29435 19,310.44 18,83656 15,398.80 16,29336 18,167.02 13,739.72 13,092.68 Beverages 12,926.44 11,150.43 11,055.33 9,85838 10,679.80 11,179.81 9,540.92 13,806.88 Deposit Feb-14 23,653.75 15261.02 9,513.10 Mar-14 Apr-14 32,03725 29,582.75 20,875.79 20,355.17 12,82320 12,567.50 May-14 3053225 21,355.45 14,431.70 Jun-14 TOTAL 37,704.16 313,710.66 40,482.86 233,168.87 25,064.54 151,671.59 Desserts 2,16625 2,141.00 1,80925 1,87825 1,771.00 1,90525 1,767.00 1,737.00 1,87225 254950 2,07950 229125 2,29750 24,098.75 Food 42,523.80 4030932 38,055.64 35,683.90 36,172.15 38,206.11 35,825.01 38,409.46 38,105.96 44,161.40 43370.62 47,881.89 62,007.80 498,18926 Food,N0 Dis 26,404,77 2334954 2325228 22,161.06 21,994.85 26,49528 21,330.38 25,15633 24221.62 30,38235 26,855.01 28,955.55 31,08223 305236.48 Nen Grouped Who 1,766.00 1645.00 1,442.00 1,728.00 1,448.00 1,891.00 1,594.00 2,483.00 2,091.00 2,097.00 2,063.00 2,367.00 2376.00 23,425.00 Gross Revenue 140,80726 123,60323 117,42256 106,368.14 109,941.16 121,285.72 104,802.78 120,728.10 114,718.70 144,926.49 136,87355 147,815.09 201,015.09 1,549,500.61 FoodiNon Alcoholic Beverages 84,872.63 76,95029 74,17250 69,581.59 70,617.80 77,786.45 68,463.31 79,109.67 73,712.93 89,916.45 84,872.63 9356039 120,452.07 979,196.08 Food/Non Alcoholic Beverages to Gross Saks 60% 62% 63% 65% 64% 64% 65% 66% 64% 62% 62% 63% 6055 63% Nc:es : Daily sales were examined based on Managements Assertion that60 %consisted of food and Nan -Alcoholic Beve ages See Accountants' Report RECEN PL ASSISG DEPABI hEti 1 - 2t ,41t, RA1‘14§ER- '- '''.'::0-7.--ii:::''-':',c•!''''-:::'?:::.'.,'-,:--..-.-':' D'''',' •F - M 'Ft '6. ',•t,,, ' ' t' RRAL N.E.T. AREA TO .., • RED 20 - 13 0031- ''' "'''Rafel t'-'.. 4/9.'4,2-: 013 Upper Eastside Berta Davis R driguez if -it:-.,, - :f •-'!::,,,' > Property Nanie Address • - City State Zip I3otecoestaurarit. 900 NE 79. St/A#Y' Owner Name 916 NE 79 St., LLC Applicant Ben Fernandez Telephone 305-377-6235 BRIEF DESCRIPTION OF PROPOSAL Applicant proposes a new outdoor seating area for an existing restaurant. ENCLOSURES Warrant Referral Plan Survey C9MMENTB , REQUESTED BY: 5/13/2013 y ef-v.wpd Li yaLti (0)1,1 rohtrytotrrio (Ilia CikeA OirviA, .,-_ poA tit bc) cA/nci t io ) ---,;1_0 bizi,,lk tl_vr, -3) ttvi._ A) A-e_eCti-14 r iitewn I ti,Gli Ct ,,XUArioker; I ,A> ,AAo_ W ) 4 An .L3Lb iY\.L.I,,.M 0 GA -a ON_ CtvtT n 0 ,-)L z.0 n, PiA d'yti, ,11 q L4,4 Lt- J ‘(1, 5) . PLEASE NOTE: If comments are not received within the requested time, the Planning Department will issue a Warrant accordingly. CI T Y 0 F NI I A \I I Planning Department 444 SW 2ND AVE 3RD FLOOR MIAIv11, FL 33130 WW \XT.MIAMIGOV.COM/PLANNING File No.13-0031 ARTICLE 4, TABLE 12 *Compliance is subject to conditions. **Not applicable at this time, subject to review and approval. DESIGN REVIEW CRITERIA I) BUILDING DISPOSITION: Applicability Compliance (1) Respond to the physical context taking into Yes Yes consideration natural features, existing urban form and Transect Zone intentions. (2) For Buildings on Corner Lots, design Facades to N/A acknowledge all Frontages. (3) For modifications of nonconforming Structures. N/A See Article 7, Section 7.2 for specific regulations (4) Create transitions in Height and mass with N/A Abutting properties and Transect Zones. II) BUILDING CONFIGURATION: Applicability Compliance (1) Articulate the Building Facade vertically and N/A horizontally in intervals appropriate to the existing Neighborhood and Transect Zone. (2) Articulate the Building Facade at street level to N/A recognize pedestrian continuity and interest, and at upper levels to recognize long views of Buildings (3) Use architectural styles and details (such as roof N/A lines and fenestration), colors and materials derivative from surrounding area. (4) Design Facades that respond primarily to human N/A scale. (5) Promote pedestrian interaction. N/A (6) Design all walls as active Facades, with doors N/A and windows; when not possible, embellish walls with architectural design treatment. (7) Provide usable Open Space that allows for visible Yes and convenient pedestrian access from the public sidewalk. (8) Building sites should locate service elements, N/A such as trash dumpsters, utility meters, loading docks, backflow preventers, siarnese connections and electrical, plumbing, mechanical and communications equipment away from a street front. All service elements shall be situated and screened from view to the street and adjacent properties. Yes 3 File No. 13-0031 III) BUILDING FUNCTION & DENSITY: Applicability Compliance (1) Respond to the Neighborhood context and Yes Yes Transect Zone. IV) PARKING STANDARDS: Applicability Compliance (1) Minimize the impact of automobile parking and Yes Yes driveways on the pedestrian environment and adjacent properties, especially T3 areas. (2) For pedestrian and vehicular safety minimize Yes Yes conflict points such as the number and width of driveways and curb cuts. (3) Minimize off-street parking adjacent to a N/A thoroughfare front and where possible locate parking behind the Building. (4) Design landscaping or surface parking areas as N/A buffers between dissimilar Uses. (5) Screen parking garage structures with Habitable N/A Space. Where Habitable Space is not provided, architectural treatments and landscaping shall screen the garage structure. V) LANDSCAPE STANDARDS: Applicability Compliance (1) Preserve existing vegetation and/or geological N/A features whenever possible. (2) Reinforce Transect Zone intention by integrating N/A landscape and hardscape elements. (3) Use landscaping to enhance Building design and N/A continuity of Streetscape. (4) Use landscape material, such as plantings, N/A trellises, pavers, screen walls, planters and similar features, to enhance building design and continuity of streetscape. (5) Provide landscaping that screens undesirable N/A elements, such as surface parking lots, and that enhances open space and architecture. VI) SIGN STANDARDS: Applicability Compliance (1) Provide signage appropriate for the scale and N/A character of the project and immediate Neighborhood. (2) Provide functional and aesthetic signage N/A identifying Building addresses at the entrance(s). VII) AMBIENT STANDARDS: Applicability Compliance 4 File No. 13-0031 (1) Provide lighting appropriate to the Building and N/A landscape design in a manner that coordinates with signage and street lighting. (2) Orient outdoor lighting to minimize glare to the N/A public realm and adjacent properties. (3) Protect residential areas from excessive noise, N/A fumes, odors, commercial vehicle intrusion, traffic conflicts and the spillover effect of light. 5 ER. PA110 NEW ` on LOCKER ROOM OC IX. AREA 01 WOMENS RESTROOM ® d MEN'S „ RESTROOM '�. EL STAGE AREA OO ER. OFFICE EX. WATERS AREA ER. PREPARE AREA EX KITC11EN fl TOMS AXE ORAGE IX LEGEND. NEW PAM11101.1 IV, Derr DP. EXISTING BUILDING IX. DINING AREA 0 0 0 0 0 J000 J 3 3 a01164 c D WAIL LCUNTER 0O RAP. MATIKViL Jar 00 JJ 0 0l w EX. & NEW FURNITURE PLAN SCALE: L"=1'-0. EX. TERRACE SITTING APPROVED„ City of Miami Planning Department Date FoiGORVAV7 2d/3- 31t RICHARD CORTES ARCHITECT ARg 001423R 0700 SW 115 ST PINECREST. FL 33155 RI Ma MM.,. 7.1.305233-1456 co CO Ep O: i` on O w C�1 Wz 0 5 o� 1 0 0 m SHEET NAME: EX. & NEW FURNITURE PLAN wTe 04/02/12 RR.IRN Br: P.M.P. AS SHOWN PROJECT N ': 6E) NORM F — 1 SRKRT No. MAP Or'-' B'O : �; IPAR Sully RI SITE ADDRESS: 900-910.916 N.E. 79th Street, Miami, Florida 33138 o.3/1" LK NW CORNER LOT 15 BLOCK 21 65.00' P. 65.23' M. co co 09 S Lot -15 Block -21 0.4 ro.314-LP. Lot - 23 Block -21 N.E. 79thSTREET 60TOTAL RSV A\ ORIGINAL LOT LINE—� T T 3 Par 6q6 I- 5CUssFyyyt6' C f [anaa 6gti Unknown Tree PL Height . H=6u Canopy=9' Lot -14 Orli ASPHALT Block -216 I PAVEMENT 35 f. 6ry6 6 Lot -13 Block - 21 Trailer 40.0' Palm Hed -g. He/ght= Canopy-1314' ' Block-Lot-2421 156.67' Lot - 25 Block -21 5T ASPHALT PAVEI.1E5r S Hedy 'GONG SOWK dord 3/4- Lit 89 J15' ONE STORY BUILDING g i 1'70 RES. # 916 F.F ELEV: 6.81' e� Lot - 26 Block-21 Id} V=3 Palms Yekeht=12' Lot - 11 Block - 21 6'0 " VA H-5 �C12' G00pynopy-7' 3y"IP Lot- 27 Block -21 N.E. SCALE: 1" = 30' I HEREBY CERTIFY THAT THIS SKETCH OF SURVEY OF THE HEREON DESCRIBED PROPERTY IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY MADE UNDER MY DIRECTION AND SAID SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17 FLORIDA ADMINI "6 TIVE CODE PURSUANT TO SECTION 472.027 FLORIDA STATUTES AND I ACC RATE AND CORRECT TOJYIE BEST OF MY KNOWLEDGE AND BE F. y 1 / ILL A . ERRYMAN PROFE •SIGNAL : URVEYOR $MIAPPER No. 2804 STATE OF FLORIDA FIELD WORK DATE: 04/11/2012 COMPLETION DATE: 04/11/2012 TREE SURVEY UPDATE: 05/08/2012 & 05/18/2012 06/11/2012 & 06130/2012 LEGEND i ABBREVIATI f�-aw Cr.. LEW FENCE IMF ^a-m EIEVFTON c PONT Or DELENELEm cum TB le• TEMPORARY DEDED GEED -pow GE sEciamic GENERAL NOTES 1. LEGAL OESCRIPTIOt PROVIDED BY OTHERS. 2. THIS SURVEY DOES NOT DETERMINE 0R IMPLY PROPERTY OWNERSHIP. 3. THE LANDS SHOWN HEREIN ARE SUBJECT TO RESTRICTIONS OF PLAT OF RECORD, THERE MAY BE ADONIONAL RESTRICTIONS THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. BOUNDARY DISTANCES AND DIRECTIONS ARE PLATTED AND MEASURED UNLESS OTHERWISE SHOWN. 5. ELEVATIONS, IF SHOWN. ARE REFERRED TO N.G.V.D. 1929. 5. UNDERGROUND IMPROVEMENTS AND UTILRIES ARE NOT LOCATED ON THIS SURVEY MAP. 7. FENCE OWNERSHIP NOT DETERMINED, APPARENT CLEARANCES AND/OR ENCROACHMENTS ARE NOTED BY VISUAL MEANS ONLY. 8. NO IDENTIFICATION CAPS FOUND ON PROPERTY CORNERS, UNLESS OTHERWISE NOTED. 9. THE SCALE, AS SHOWN IS THE INTENDED PLOTTING SCALE OF THIS MAP. 10. THIS SURVEY IS EXCLUSIVELY FOR THE USE OF THE PARTIES TO WHOM IT IS CERTIFIED. 11. THIS SURVEY MAP AND THE COPIES THEREOF, ARE NOT VALID WITHOUT THE SIGNATURE AND RAISED SEAL OF FLORIDA LICENSED SURVEYOR AND MAPPER. Legal Description: Lots 12,13,14, Block 21,'SHORE CREST, according to the map thereof, as recorded in Plat Book 10, Page 23 , of the Public Records of Miami -Dade County, Florida. Flood Insurance Rate Map (FIRM) Information: Community Number: 120650 Panel Number: 0360 Suffix: L Panel Revised Date: 09/11/2009 Flood Zone: AE Base Flood Elevation = 8.0' Certified to: Steda Invesrments, LLC. BENCH MARK USED: City of Miami Bench Mark. Elev. = 4.350' (4.09' NGVD) BELLO 8 BELLO LAND SURVEYING CORPORATION LB No. 7262 12230 S.W. 131 Avenue, Suite 201 Mianll, Florida 33186 PH: (305) 251-9606 Fax: (305) 251-6057 KBELLO@OKSURVEYING.COM PROJECT No. 13084 6.910691,9161=1. 51 ry¢GR,IT tG1O7 m�"'Nnl aGR xvl°COEWCas W pS P�EANLIES 4 CO7RTEIEE t7.74:11 6PS r.° 111 Viu ."01 4 xI uN A4tR OA"9EVNIE5 ¢TIERMi N �PNEss12 snsn¢TI F 44181fITE?:""aiEalSilEar.`71%.,... DPD NTV "�, P :Ne Aaa1E¢f N" NN,1N. ¢. 0R"se ¢A. GNP GR S�tAlfsc.+ M1OROAVAS YImmlpEls. F0.iMEFIn IEfflPF coOE. ""F L00EILL sZITZ NTY 04001 11501c ME NEG um " U. EII M .0/41A01 MN CONCRETE OR NASGRRi SIAM SE PRESSURE 9 N4 4(0 9�EA NN RFs"PAOR01i NIY M W11SI5 Ex045 NEME Are APAG„ ro Ar�T TME'"A °.L a �`sAEWwA¢E IS x¢, " 0095YA0M STAND,.. SET ORD1 in NC1N0 COX 00 W ACCweulcE vnM 11 Nx4E5 ON EXTERIOR ENT swx0N¢ 00005 S0ALL HAVE NON-RENOVAOLE PINS. I4M/A 00.0/0 R- NTO 1>N/A SaA NOSrtMo SORE NI IRS M0. SHILL 0 0S MOT EXCE DA011 AREA OF 033 SF ua 30 IX IN ANT CRECE011. FIRESTOPPINO ORArt SPACES BON RALED VTTIC ¢ ORRONTAL 0E¢0RE`5_,¢OFF � 9 ALL DE CONFORM MECO, ORE WARMERS BETWEEN STORY E ANO N00f SPACE E ]ONRRM¢ T• X x• P.T. 5LMm005 95LL BE TILLED SPACED 1B' O/C 91H Ai IEAsi WK M HAIL 9 ALIERNA,E cOLOY 6 OLOCK a1: 51M1 RE 1WLMNNI LENT N1M GREN.S NW Ct. 9LV1. x nFvr REAR Ir [eslRucnals. NL0.umN¢ STRIPCRIP ON EAVES ARO CARLE SMALL HAVE A ROW RANCE 111191111.112 CA(E LL NMMAR RINE SHDUN 311913. ANK K NAIL ATNETAL TLE SHALL s 41ELC VIM A. WM A 1 PGA! OPCPRIPO0NL z111ro eLex x 91GR[ CREST• RECORDED IN PlA, 1100N° 14 PACE 23. OF COURT, FLOW. SOLIAR, FMY CAS C1_ �S 11122 MO A 0 o .ACE 1 NEW TEMP { SW, GRAND TOTAL1 1m SOFT. 540107E1- 1.0540011. 99,11F cAmm¢ An, 1.354 SIFT. 254 A PAIRO(S 15 5 To p ALLNE0 (N X 51 RN.. K) PROPOSED c SPACES . TOM SEARNC. ss OCCUPANT CONTENT ss.W1/Isss 151.9 D�IIu 9E1 —ixe ss. a 1p ss. 10 PBliue ME IXOPINY CRInr, 110P5RR6 PWNOING Fl%1CRES REOUIRE0EN1S (TAOIE 403.1) 155514557,55 s � 50-1 vArt5 1 MEN 11y WOVEN— 9I/40 —I W S N 1.1.1R4'/ID0-1 LA" Wf (0 PE0V91NG511XNRE$ PRONDED '111D0.091 1 EMI IX RWLRENG/L0T O,RORS(ATEO: T 5 ROCS . ROOF) - -10. ( MG ) LOT CROSS m. FEL. 5. I5350 m FT. LOTCOVERAGELOTCOWEAGE /10133 440001EAm s .00 - WOW.. ROOF) SPEEN TAGS REW'RED SETEIACKs SERb iNCEITTO PI¢NOPIE BLDG FRONT SIDE STREET x/A 17M (PIE) N/A xB (n O EX. WASTE (EASY LOC) Btt— FPL LOC.) EX. BUILDING #916 KEN EX. W., COM SICCWAIR Iier iRw rr. /////i// HANDICAPPED PARKING SIGN DTL. OMER [LINC ERE NEW TERRACE JP.rj? (REN¢RL s hmuj AC[E5 PARE /C s WAS RECO •W RK IN THIS AREA O3.Y 155.00' TYPICAL PARKING TYPICAL HANDICAPPED STALL PARKING M MAN4E SMUT, NO EN TAP. O, x) \ \ \ A /ER LOG) � I Fx 00 0- CONC. SIDEWALK h WSau50 MI x Ex. GREEN SPACE N.E. 79th STRE5T EASSIEHL W 001900/4 5PA . 0 PARKING NOTE. mR ER.I.OTT Nm0V0. RMRS1x49e FEN (AEMIK A5 RE125) —at (L1, LBC) -T SITE PLAN ICHARD ORTES A. CHITECT A 0014930 7709 SW 115 ST PINECN T. F11. 93159 Pxa fAK.SO,oS>u9 rcme-.O+a.am LE.GALIZATLON FOE SHEEP NAME: SITE PLAN °a' Q4/02/12 4R407 "Y' P.M.P. 30115 TRAIET" N 5 A-1 SNARE Na. LEGEND & ABBREVIATIONS TRAP Or B'OUNDARI SURVEY' SITE ADDRESS: 900-910-916 N.E. 79th Street, Miami, Florida 33138 Q NW CORNER LOT 15 BLOCK 21 65.00' P 65.23'M co O co Lot - 15 Block - 21 0.40' FD.3�a•I.P. Lot-23 Block - 21 ORIGINAL LOT LINE Lot-14 8'L+ Block- 216' I• `33 Trailer Palm H(eht=14' Lot-24 Canopy=13' Block-21 Fled N.E. 79117/STREET 60'10TAI. WIN / �I(I�U'nknown Tree PL m IHe(ght=17' Canopy =9' ASPHALT 1 PAVEMENT 19 535 ©5Lot -13 Block- 21 156.67r Lot- 25 Block- 21 5i ASPHALT PAVEMENT ONE STORY BUILDING RES. # 916 F.F ELEV: 6.81' Hedge Lot - 26 Block • 21 Sloe:- 21 O5'LO CZ5IIEI LONG SDWK ]]] 3/a• i.v. 25 t"7 7 Palms a=5" 4e/ght=12' Canopy =7' Lot - 11 Block - 21 4 Palms H=5' = l7' c300p bnopy=7' 43,'a•r.P. Lot - 27 Block- 21 SCALE: 1" = 30' I HEREBY CERTIFY THAT THIS SKETCH OF SURVEY OF THE HEREON DESCRIBED PROPERTY IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY MADE UNDER MY DIRECTION AND SAID SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17 FLORIDA ADMINI-+.TIVE CODE PURSUANT TO SECTION 472.027 FLORIDA STATUTES AND 1' ACC RATE AND CORRECT TORE BEST OF MY KNOWLEDGE AND BEL F. WILL A . ERRYMAN PROFE-SIGNAL - URVEYOR 3/t.1APPER Nc. 2804 STATE OF FLORIDA FIELD WORK DATE: 04/11/2012 COMPLETION DATE: 04/11/2012 TREE SURVEY UPDATE 05/08/2012 & 05/18/2012 06/11/2012 &06/30/2012 - COVERED AREA a°-[xvsn,w¢EMOON • CURVE PRC .POINT OF REVFASE CUR c. CEN,finura DE • CRAM. ESZEMEN7 awvwP.=N., CALL.CALCuLAo "NFn¢aox REFERENCE 1.10.14Etfr BOOK GENERAL NOTES D11.4 PROVIDED BY OTHERS. 2. THIS SURVEY DOES NOT DETERMINE OR IMPLY PROPERTY OWNERSHIP. 3. THE LANDS SHOWN HEREIN ARE SUBJECT TO RESTRICTIONS OF PLAT OF RECORD, THERE MAY BE ADDmONAL RESTRICTIONS THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. 4. BOUNDARY DISTANCES AND DIRECTIONS ARE PLATTED AND MEASURED UNLESS OTHERWISE SHOWN. 5. ELEVATIONS, IF SHOWN, ARE REFERRED TON.G.V.D. 1929. 6. UNDERGROUND IMPROVEMENTS AND UTILITIES ARE NOT LOCATED ON THIS SURVEY MAP. 7. FENCE OWNERSHIP NOT DETERMINED, APPARENT CLEARANCES AND/OR ENCROACHMENTS ARE NOTED BY VISUAL MEANS ONLY. 8. NO IDENTIFICATION CAPS FOUND ON PROPERTY CORNERS, UNLESS OTHERWISE NOTED. 9. THE SCALE, AS SHOWN IS THE INTENDED PLOTTING SCALE OF THIS MAP. 10. THIS SURVEY IS EXCLUSIVELY FOR THE USE OF THE PARTIES TO WHOM IT IS CERTIFIED. 11. THIS SURVEY MAP AND THE COPIES THEREOF, ARE NOT VALID WITHOUT THE SIGNATURE AND RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. Legal Description: Lots 12,13,14, Block 21, "SHORE CREST', according to the map thereof, as recorded in Plat Book 10, Page 23 , of the Public Records of Miami -Dade County, Florida. Flood Insurance Rate Map (FIRM) Information: Community Number..120650 Panel Number: 0360 Suffix: L Panel Revised Date: 09/11/2009 Flood Zone: AE Base Flood Elevation = 8.0' Certified to: Steda Invesrments, LLC. BENCH MARK USED: City of Miami Bench Mark. Elev. = 4.350' (4.09' NGVD) BELLO 8. BELLO LAND SURVEYING CORPORATION LB No. 7262 12230 S.W. 131 Avenue, Suite 201 Miami, Florkla 33186 01-1: (305)251-9606 Fax: (305)251-6057 KBELLO@OKSURVEYING.COM PROJECT No. 13084 GERER112:10IISI L-1...:V.7115Er.FEASZEEIFK tiA4.7,-Nwa.,,..".nrvrAgrz.Taz MYZAZ171.2 ABOVE WOE I1E SCAMS N 0 h.= rfogl= grM AMP VorcItTrrtdreMZ " ANVIIVIN=.11X:Vcal at-U gtg="got2 taVEZTZ-ANUTFO nITILIlfog.` "" iz..77:474tzezttrap-m"..noggrakt rA,,E 13, AKA 00 MAJOR Mg SWOP. MORS SHALL HAVE NON-0,10VABLE POS. 14.11/A 1011/A Mar AL REPORT 74./4 IS. SAC ON FR, SIX, SE PLACED ON CLEAN 0.4141C SOL ,ITOULNA "rienZ;14,0sEo22Vg54 rif=7-1-11VtIVe,ox' n AREA E. SF OR 30 IF IN ANT DIRFC1100 rAfr4="001171797ArAIN 11404717,7000"0EVRE'S710Pt4fir '977FEATITI'FiLT:iir7:51:FiTiRFLECIRIE.'" EgE,i1FEEILEE=71.11u11111t1= 'Y'R'f4r rA'=121r3E AM 1UCRIPT01, Z141;...M 7055NIN. COM, FLORIDA. RE.CAESV en,,Art,noT LP CIO MOHO MEMO A/C; 0.357SO NEN CO4RE13 1034 60.A. GRANO 1. 04, OCCUPANT CONTENT SAFE OEX- IWO SF. C 10S Sr. NORMS TOTAL 44,04111 COME ilo KnE,-.7 PLUVRING FIXTURES REOUIREMENTS (TABLE 403.11 -'"-:= lit2730; :145 rcri.0350l '*"-:= : VA:0-'1 ,s.„r.:‘°- PLUMBING FIXTURES P0011240 mi. LAE BUILDING/LOT INFORMATION NEICIft TO WOE OP ROOF) • 1O-150CM) LOT 944 • 14.430 SO. ft LOT ORO, SO. FTC. 10..0 SO. rr. ALLOWED LOT CROERACE 14.43C X .00 • OE COVERAGE PROVIDED Emorr 1010 LINDER ROM • laze GREEN F0ACE REQUIRED 1.613 SO. A. CRUM PACE PROVIDED • 1,613 SO. FL REG.° PROWL,/ ;ItNoTr.°. z izzz HANDICAPPED PARKING SIGN DTL. NE0,0f.,9, • 1..4 MEE la,m. VANS 0104 • 1.4 SOFT TO/C=4 • 64 PARMA SEAMS • EN 7,110:411% X SX UP, 4) PROPOSED 11/C SPACES • 4 FOTO SEAT,. 03 7.03 %;•it 04911:14 \ / / ,/ EX. ,BUILDNG #916 BUILDING DISPOSITION LOI OCCUNATON MOORED PROPOS], ... LOT AREA - YAM REAR WRICLIAR ACCESS 0000 SOFT MN.: 04000 SOFT. RAO 1000 sorr..,..: ROOM SRA. SAY 14,430 SOFT. ' 1-.°1.4171rEAR VFACOLAR ACCESS •1;4'. Ill': 1SS FT. C .901g9ERACE 9. FLOOR LOT RA110 MR) 000 04, N/A 25.19X N/A 0. 46044,00 AT FR.0 4, RA,0, , OPEN SPACE RECOIRELIEN1S FoN my. 10X LOT AREA RIM .m.x. (EX0 74.03. G. DENS, 74 OU/AORE RAO I/O I .13'. =17F11'0NTT IC FT. INN. IC A. PIN. 10 FT. 1 A C. SIDE O. REAR 0 A ON. 87 FT,EX1 204 FT. IVO E ASUTIINC SLOE OR REAR , ABANNO SDI OR RLAR I, MR OF LOT DEPT, LIN. 1st 4.4.19N 0C -6 , 20TON. UAL AL ABOVE 2441 roil? (VM A/A 20-, NLA BULDING CONFIGURATION FROM. cONC. SOLWAIA ' ? I - 03. NEW TERRACE EEiF% DARR. SEAMS AMOK .14 AS REED) ACCES KUM 7 mt.! ARP AS R005 N•••••.- WORK IN THIS AREA ONLY L. /(r's / - . 55.00 EX. /---SPACF V-Er PAWS" JO VP. coltEr. SPACE • 11 r PARKING • ••• .‘301 dCZA.R.TS)''''' cw 21 •••••• "7> • PARARIG: ir414rstltr' TOTAL POMO SPAttS A PARNINC NOTA ErAFEAN174241'''" J- I .10k 5. o. cow S.W. FEI10E 0, • , , S, . , E. 2.-0. MSC OLOTS4 . . .. NETER liAa. 514101 MOOS 30k •• :WWI LOC.) TYPICAL PARKING TYPICAL HANDICAPPED STALL N.E. 79th STREET SITE PLAN - SCALE: 118,1,0 RICHARD CORTES ARCHITECT AR# 0014296 7700 SR 115 ST PINECREST. FL. 331511 FRAosnsams FAX.00300.000 7 1Y0 07 cn 0.07 ozj 47. 0 0 4.4z < a: 5i cm07 07 O5 •,4 SITE PLAN 21 41 = ovo2/1. DRAWN SCALE: 6 1.1111111•11111 ELAT1.10 NO grAl2.5F:talal:Ii.74%7 T.5.7.71"AragAtIUNTiTZ'"" " iiF,:Z7,7754FIE+5 VACI:5°` Sc" h LANDSCAPE LEGEND z„-a-tzwzrtavtatItaorrol. 14r,ra ratwartbtLv,,arr:"E zrg arr,„ PM.,,V,11.11-4"s'E2TA aiiRa,°:inal:EF49'44114-74' "IT tZ11:41".10Z1=7"1,.. 5I,4 ALREADY FLOM T. CONTRACTOR SMALL THEVATZTAWathn PROPER, 0.01111EL 'OURTO.:CAT CIT. ZirrOP1=74.1% PEP .Noocl boo -.7. ALE.5_. lo Ono Iq,4,10601. 1.51,,,151,66L ist;Ift Wen " Tig'orfearEITOPM Mol TO TOE OVNA PROWS. PLANTS RAW BEEN 74ErrOgRAW:aArrAratrIE .0 ARE NOT A.A.. IN MS PROW. ALLOY. //43 /445 /7o /7._ Zef &Lip_ /6t5 e Warees Fayfinreo nit! eve t7.7:77,7,r=7.. leCs/Z-e) 0.2 L """ 6.2 V,WGROLII I, 40 al 3 3PE-GALYMZE/3. 24. LEN.. --"-T=ILAWlit."P--• TREE PLANTING DETAIL FOR TREES LIP TO IL NT MI SIM. 10 BEV. AM,. RAW Kt S.. 1,1,,NEXALA•501 WOO. PROMO 1-1160-613-5323 13 /REF FREE, 1 Ex MRS TO RON. : :MAL. TO 604,1 rfNIALBES'EL, MOVEN IL IMAZ' BLASI SKIM VALI ROI RI MOO ROO1 TO ITISTRIATIO4 MIA RAM.. BE, 1/1.111.3. 0,011 FL. VIM Br POPO RR IMMO, AMR insmanat LUI 5.14 AIIIIRL.BUSLAR .61111. 0150,11BALE DO. 716 71AI364 5011 arKtrm ;wawa,. retr Effiam,"" r.tra"'" FIRITOG OOT SHRUB PLANTING DETAIL EX. BUILDING cROSPOPP NOIT• =It= lt,1",,NTZ11-,3 MITA MT"' -Jr i 56. 6 110TE. Pqr26:1rTMECAI'1' AR-0" 155.00' 1\1 . E. 79th STREET PARKING GREEN SPACE CALC. WT. UTon0 lot& T.ol WPC Iro Cr TOT LANDSCAPING & ZONING PLAN OWE 1/0,1,17 10) RICHARD CORTES ARCHITECT AR/ 0014230 7700 SW 115 ST P1NECREST. FL. 13150 PrIGOTORRO ZATION FO OZT GO CT.:1 (13 4"1 Z P.4 Cm, 2 0 o• P:1 I 0 03 03 03 SHEET NAME: LANDSCAPING & ZONING PLAN SCR "T' 04/02/12 DRAWN PVT PROJECT TT T NOM L — 1 060112 N. AEREAL VIEW SUBJECT PROPERTY GROUND PERSPECTIVE RICHARD CORTES ARCHITECT AR/ 0014288 OW 5W IIS sr PINECRESf, FL 56156 SHEET NAME: ZONING 04/02/12 WMWR BY: P.H.P. °CAS N.T.S. SUBJECT PROPERTY ZONING DIVISION SUBJECT PROPERTY STREET ELEVATION N.T.S. Ino SIBU TIME p mis MerpnYI EAST ADJACENT WEST ADJACENT RICHARD CORTES ARCHITECT ARj 0014236 7700 5R 115 ST PINECRESI', FL 99159 SHEET NAME: ZONING ire' 09/02/12 M. BY: 311561 no.