The URL can be used to link to this page

Home My WebLink AboutPZAB 3-18-15 Supporting DocumentationFile ID: Title: PZAB.2 PLANNING, ZONING AND APPEALS BOARD FACT SHEET 15-000461 u Quasi -Judicial A RESOLUTION OF THE PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 3231 SOUTHWEST 23RD STREET, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY MULTIFAMILY RESIDENTIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Location: Approximately 3231 SW 23rd Street [Commissioner Francis Suarez - District 4] Applicant(s): Ben Fernandez, Esquire, on behalf of Twenty Third Street Investments, LLC 200 South Biscayne Boulevard Suite 850 Miami, Florida 33131 305-374-5300 Purpose: This will change the land use designation for the above property from "Duplex Residential" to "Low Density Multifamily Residential". Finding(s): Planning & Zoning: Recommends approval. Item includes a covenant. See companion File ID: 15-00046zc. Planning, Zoning and Appeals Board: March 18, 2015 City of Miami Planning and Zoning Departi Division of Land Developr ANALYSIS FOR FUTURE LAND USE CHANGE REQUEST FILE ID: 15-000461u APPLICANT: Ben Fernandez, Esq on behalf of Twenty Third Street Investments, LLC LOCATION: Approximately 3231 SW 23 ST ZIP: 33145 NET DISTRICT OFFICE: Coral Way NET COMMISSION DISTRICT: District 4 REQUEST The proposal is for a change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan designation of certain property from "Duplex Residential" to "Low Density Multifamily Residential". (A complete legal description is on file at the Hearing Boards Office). The subject area is one parcel of approximately 11,250 sq.ft. (± .258 acres). The parcel is fronting SW 23rd Street to the south, and on a block bounded by SW 34th Avenue to the west, by SW 22nd Terrace to the north, and by SW 23rd Avenue to the east. FUTURE LAND USE Miami Comprehensive Neighborhood Plan (MCNP) Policy LU-1.6.1 established future land use categories according to the 2020 Future Land Use Map and the "Interpretation of the Future Land Use Map." "Areas designated as `Duplex Residential' allow residential structures of up to two dwelling units each to a maximum density of 18 dwelling units per acre, subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements. Community based residential facilities (14 clients or less, not including drug, alcohol or correctional rehabilitation facilities) also will be allowed pursuant to applicable state law. Places of worship, primary and secondary schools, child day care centers and adult day care centers are permissible in suitable locations within duplex residential areas. Professional offices, tourist and guest homes, museums, and private clubs or lodges are allowed only in contributing structures within historic sites or historic districts that have been designated by the Historical and Environmental Preservation Board and are in suitable locations within duplex residential areas, pursuant to applicable land development regulations and the maintenance of required levels of service for such uses. Density and intensity limitations for said uses shall be restricted to those of the contributing structure(s)."1 "Areas designated as `Low Density Multifamily Residential' allow residential structures to a maximum density of 36 dwelling units per acre, subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements. Supporting services such as community -based residential facilities (14 clients or less, not including drug, alcohol or correctional rehabilitation facilities) will be allowed pursuant to applicable state law; day care centers for children and adults may be permissible in suitable locations. Permissible uses within low density multifamily residential areas also include commercial activities that are intended to serve the retailing and personal services needs of the building or building complex, small scale limited commercial uses as accessory uses; and places of worship, primary and secondary schools, and accessory post -secondary educational facilities; all of which are subject to the detailed provisions of applicable land development regulations and the maintenance of required levels of service for such uses. Professional offices, tourist and guest homes, museums, and private clubs or lodges are allowed only in contributing structures within historic sites or historic districts that have been designated by the Historical and Environmental Preservation Board and are in suitable locations within low density multifamily residential areas, pursuant to applicable land development regulations and the maintenance of required levels of service for such uses. Density and intensity limitations for said uses shall be restricted to those of the contributing structure(s)."2 DISCUSSION The site and the surrounding areas immediately to the north, west, and southwest are designated "Duplex Residential"; properties to the east are designated "Restricted Commercial"; and three parcels due south of the subject area are designated "Low Density Restricted Commercial". 1 Miami Comprehensive Neighborhood Plan. Goals Objectives Policies. January 2013. "Duplex Residential" 2 Miami Comprehensive Neighborhood Plan. Goals Objectives Policies. January 2013. "Low Density Multifamily Residential" 15-000461u Page 2 of 4 City P_ td fitrrn , . $rtment { nt EXISTING NEIGHBORHOOD CHARACTERISTICS: FUTURE LAND USE DESIGNATION Subject Properties: Duplex Residential Zone Maximum of 18 D.U. per acre Surrounding Properties NORTH: Duplex Residential Maximum of 18 D.U. per acre SOUTH: Low Density Restricted Commercial Maximum of 36 D.U. per acre EAST: Restricted Commercial Maximum of 150 D.0 per acre WEST: Duplex Residential Maximum of 18 D.U. per acre ANALYSIS ZONING Subject Properties: T3-O; Sub -Urban Center Transect Zone Open Surrounding Properties NORTH: T3-O; Sub -Urban Transect Zone Open SOUTH: T4-L; General Urban Transect Zone Limited EAST: T6-8-O; Urban Core Transect Zone Open WEST: T3-O; Sub -Urban Transect Zone Open • The MCNP Interpretation of the 2020 Future Land Use Map indicates that the "Duplex Residential" future land use category allows residential structures of up to two dwelling units each up to a maximum density of 18 dwelling units per acre. The requested "Low Density Multifamily Residential" designation allows residential structures up to a maximum density of 36 dwelling units per acre. The higher density allowed in the "Low Density Multifamily Residential" designation is consistent in scale and density with what is allowed to the south of the subject property (Low Density Restricted Commercial) and to the east of the property (Restricted Commercial). • MCNP Land Use Policy LU-1.1.1 states that development orders authorizing new development or redevelopment that results in an increase in the density or intensity of land use shall be contingent upon the availability of public facilities that meet or exceed the minimum LOS standards adopted in the CIE, specifically sanitary sewer, solid waste, stormwater, potable water, parks and recreation, and transportation facilities. The public services and facilities provided to meet concurrency requirements shall be consistent with the Capital Improvements Element, or guaranteed in an enforceable agreement. The public services and facilities will include public schools when the Miami -Dade County School Board and local governments in the county implement school concurrency pursuant to paragraph 163.3177(12)(i), F.S. The subject site is slightly larger than a quarter acre. The small 15-000461u Page 3 of 4 City, rittOn rtme size of this land use change, and constituent increase in density of four dwelling units, will have a minimal impact on the aforementioned concurrencies. • MCNP Land Use Policy LU-1.1.7 states that land development regulations and policies will allow for the development and redevelopment of well -designed mixed - use neighborhoods that provide for the full range of residential, office, live/work spaces, neighborhood retail, and community facilities in a walkable area and that are amenable to a variety of transportation modes, including pedestrianism, bicycles, automobiles, and mass transit. The proposed "Low Density Multifamily Residential" designation permits small scale commercial and some small educational uses, potentially contributing to the proximate mix of uses. Additionally, the increase in density associated with this change has the potential to add dwelling units to a subject site adjacent to an established mixed -use area with a land use designation of "Restricted Commercial." The subject site is located in close proximity to various modes of transportation. • MCNP Land Use Objective LU-1.3 states that the City will continue to encourage commercial, office and industrial development within existing commercial, office and industrial areas; increase the utilization and enhance the physical character and appearance of existing buildings; encourage the development of well -designed, mixed -use neighborhoods that provide for a variety of uses within a walkable area in accordance with neighborhood design and development standards adopted as a result of the amendments to the City's land development regulations and other initiatives; and concentrate new commercial and industrial activity in areas where the capacity of existing public facilities can meet or exceed the minimum standards for Level of Service (LOS) adopted in the Capital Improvement Element (CIE). The subject site introduces a minimal number of new uses while increasing the maximum density, contributing to the objective of building a mixed -use walkable neighborhood. • The Miami 21 zoning designation currently approved on this parcel is T3-O — "Sub - Urban -Open". The proposed designation will be T4-R — "General Urban -Restricted" transect zone. RECOMMENDATION Based on the aforementioned findings, the Planning Department is recommending APPROVAL of the amendment as presented based on the following findings: These findings support the position that the Future Land Use Map at this location and for this neighborhood should be changed to the proposed designation. 15-000461u Page 4 of 4 FUTURE LAND USE MAP (EXISTING) SW 21ST TER 1- c.0 1- co M N Low Density Multifarnily =Residential W 22ND- SW 22ND TER 'C.oral;Way Duplex - Residential 1 SW 23RD ST Low Density Restricted Commercial SW 23RD TER \ \ W 24TH ST W z N M SW 24TH TER 0 150 300 600 Feet i i ADDRESS: 3231 SW 23 ST FUTURE LAND USE MAP (PROPOSED) W 0 Ce LowDensity Multifamily =Residential SW 22ND•S'CoralMay SW 22ND TER 0 1 Duplex - Residential ■ a) Low Density Multifamily Residential SW 23RD ST Low Density Restricted Commercial SW 23RD TER SW 24TH ST SW 24TH TER .--r I I 1 1 1 150 300 600 Feet ADDRESS: 3231 SW 23 ST @eoo -p, cs,. Getinapping. Community 0 150 300 600 Feet Earth D ,, U1-G AE�f isstgpo„PiltiVti407-11S Urse,2 ADDRESS: 3231 SW 23 ST Proposal Nc 15-000461u Date: 03/18/2015 CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION CONCURRENCY ANALYSIS Applicant Ben Fernandez, Esq., on behalf of Twenty Third Street Invest, LLC. Address: 3231 SW 23 ST Boundary Streets: North: South: Proposed Change: From: SW 22 Te SW 23 St East: SW 32 Ave West: SW 34 Ave Duplex Residential To: Low -Density Multifamily Residential Existing Designation, Maximum Land Use Intensity Residential 0.2580 acres @ 18 DU/acre Peak Hour Person -Trip Generation, Residential Other sq.ft. @ FLR Peak Hour Person -Trip Generation, Other Proposed Designation, Maximum Land Use Intensity Residential 0.2580 acres @ 36 DU/acre Peak Hour Person -Trip Generation, Residential Other sq.ft. @ FLR Peak Hour Person -Trip Generation, Other Net Increment With Proposed Change: Population Dwelling Units Peak Hour Person -Trips Planning District County Wastewater Collection Zone Drainage Subcatchment Basin Solid Waste Collection Route Transportation Corridor Name 5 DU's 4 0 sq.ft. 9 DU's 7 0 sq.ft. 0 12 5 3 Coral Way 304 S1 217 SW 22nd Street RECREATION AND OPEN SPACE Population Increment, Residents Space Requirement, acres Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff 12 0.02 182.80 182.78 OK POTABLE WATER TRANSMISSION Population Increment, Residents Transmission Requirement, gpd Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff 12 2,673 >2% above demand >2% above demand OK SANITARY SEWER TRANSMISSION Population Increment, Residents Transmission Requirement, gpd Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff 12 2,208 See Note 1. See Note 1. WASA Permit Required STORM SEWER CAPACITY Exfiltration System Before Change Exfiltration System After Change Concurrency Checkoff On -site On -site OK RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Land Use Goal LU-1 Land Use Objective LU-1.1 Land Use Policy 1.1.1 Capital Improvements Goal CI-1 Capital Improvements Objective CI-1.2 Capital Improvements Policy 1.2.3 a - g (See attachment 1) SOLID WASTE COLLECTION Population Increment, Residents Solid Waste Generation, tons/year Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff 12 15 800 785 OK TRAFFIC CIRCULATION Population Increment, Residents Peak -Hour Person -Trip Generation LOS Before Change LOS After Change Concurrency Checkoff 12 3 F F OK NOTES: 1. Permit for sanitary sewer connection must be issued by Metro Dade Water and Sewer Authority Department (WASA). hxcess capacity, It any, is currently not Known. "Low Density Multifamily Residential" allow residential structures to a maximum density of 36 dwelling units per acre, subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements. Supporting services such as community -based residential facilities (14 clients or less, not including drug, alcohol or correctional rehabilitation facilities) will be allowed pursuant to applicable state law; day care centers for children and adults may be permissible in suitable locations. Permissible uses within low density multifamily residential areas also include commercial activities that are intended to serve the retailing and personal services needs of the building or building complex, small scale limited commercial uses as accessory uses; and places of worship, primary and secondary schools, and accessory post -secondary educational facilities; all of which are subject to the detailed provisions of applicable land development regulations and the maintenance of required levels of service for such uses. Professional offices, tourist and guest homes, museums, and private clubs or lodges are allowed only in contributing structures within historic sites or historic districts that have been designated by the Historical and Environmental Preservation Board and are in suitable locations within low density multifamily residential areas, pursuant to applicable land development regulations and the maintenance of required levels of service for such uses. Density and intensity limitations for said uses shall be restricted to those of the contributing structure(s). CM 1 IN 03/13/90 ASSUMPTIONS AND COMMENTS Population increment is assumed to be all new residents. Peak -period trip generation is based on ITE Trip Generation, 5th Edition at 1.4 ppv average occupancy for private passenger vehicles. Transportation Corridor capacities and LOS are from Table PT-2(R1), Transportation Corridors report. Potable water and wastewater transmission capacities are in accordance with Metro -Dade County stated capacities and are assumed correct. Service connections to water and sewer mains are assumed to be of adequate size; if not, new connections are to be installed at owner's expense. Recreation/Open Space acreage requirements are assumed with proposed change made. City of Miami Legislation PZAB Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15-000461u Final Action Date: A RESOLUTION OF THE PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 3231 SOUTHWEST 23RD STREET, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY MULTIFAMILY RESIDENTIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 3231 SW 23rd Street [Commissioner Francis Suarez - District 4] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Twenty Third Street Invest, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. Item includes a covenant. See companion File ID: 15-00046zc. PURPOSE: This will change the land use designation for the above property from "Duplex Residential" to "Low Density Multifamily Residential". WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on March 18, 2015, following an advertised public hearing, adopted Resolution No. PZAB-R-*-* by a vote of * to * (*-*), item no. *, recommending *of the Future Land Use Change as set forth; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to grant this change of land use designation as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Ordinance No. 10544, as amended, the Future Land Use Map of the Miami Comprehensive Neighborhood Plan, pursuant to small scale amendment procedures subject to City of Miami Page 1 of 3 File Id: 15-000461u (Version: 1) Printed On: 3/9/2015 File Number: 15-000461u §163.3187, Florida Statutes, is further amended by changing the Future Land Use designation of 0.258 ± acres of real property located at approximately 3231 Southwest 23rd Street, Miami, Florida, from "Duplex Residential" to "Low Density Multifamily Residential"; as depicted in "Exhibit A", attached and incorporated. Section 3. It is found that this Comprehensive Plan designation change involves a use of 10 acres or fewer and: (a) Is necessary due to changed or changing conditions; (b) The cumulative annual effect of the acreage for all small scale development amendments adopted by the local government does not exceed a maximum of 120 acres in a calendar year; (c) The proposed amendment does not involve a text change to goals, policies, and objectives of the local government's comprehensive plan, but proposes a land use change to the future land use map for a site -specific development. However, text changes that relate directly to, and are adopted simultaneously with the small scale Future Land Use Map amendment shall be permissible; (d) Is one which is not located within an area of critical state concern as designated by §380.0552, Florida Statutes or by the Administration Commission pursuant to §380.05(1), Florida Statutes; (e) Density will be "Low Density Multifamily Residential", 36 dwelling units per acre, per the Miami Neighborhood Comprehensive Plan, as amended, and intensity will be as established in Article 4 of the City of Miami Zoning Ordinance, the Miami 21 Code, as amended; and (f) The proposed amendment complies with the applicable acreage and density limitations set forth in the Local Government Comprehensive Planning and Land Development Regulation Act including, without limitation, §163.3187, Florida Statutes. Section 4. The City Manager is directed to instruct the Director of the Planning and Zoning Department to promptly transmit a certified copy of this Ordinance after its adoption on second reading to: the reviewing agencies pursuant to §163.3184, Florida Statutes; and any other person or entity requesting a copy. Section 5. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 6. This Ordinance may not become effective until thirty-one (31) days after second reading and adoption thereof pursuant and subject to §163.3187, Florida Statutes. {1} APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ CITY ATTORNEY City of Miami Page 2 of 3 File Id: 15-000461u (Version: 1) Printed On: 3/9/2015 File Number: 15-000461u Footnotes: {1} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 3 of 3 File Id: 15-000461u (Version: 1) Printed On: 3/9/2015 Exhibit A Address: 3231 SW 23md Street Folio Number: 01-4116-009-1780 LEGAL DESCRIPTION The East 1/2 of Lot 76 and all of Lot 77, Block 4, Miami Suburban Acres, according to the plat thereof as recorded in Plat Book 4, Page 73, of the Public Records of Mianii-Dade County, Florida ■ BERCOW RADELL & FERNAN DEZ ZONINCal , LAND USE ANC ENVIRONMENTAL LAW Direct: 305-377-6235 E-Mail: BFernandez(BRZoningLaw.com VIA HAND DELIVERY March 2, 2015 Ms. Olga Zamora Planning and Zoning Department Hearing Boards Section Miami Riverside Center (MRC) 444 SW 2nd Avenue, 3rd Floor Miami, Florida 33130 Re: 3231 SW 23rd Street, Miami, Florida -e r 30, ul 3 2 rri s =t'r,; 4 O rr, U3 a This law firm represents Twenty Third Street Invest, LLC in relation to the enclosed application for a Comprehensive Plan Amendment for the referenced property from Duplex Residential to Low Density Multifamily Residential. We are also enclosing the companion rezoning application to change the property's transects from T3-O to T4-R. This letter shall serve as the Applicant's letter of intent in support of the applications. The Property is located immediately West of SW 32th Avenue along the north side of SW 23rd Street and it directly abuts a T6-8 Transect that is developed with multifamily housing. The property is also directly adjacent to T4-L transect to the south. The property is approximately 0.258 acres in size and presents an opportunity to create a multifamily townhome development near a major transportation corridor that is SW 32 Avenue as well as Coral Way. Enclosed herewith is a survey of the property, aerial photo and the rezoning and Comprehensive plan applications. Also enclosed is a proposed Declaration of Restrictions. For all of the foregoing reasons, we request your favorable review and recommendation. en Fernandez BF/bl Enclosures SOUTHEAST FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI. FLORIDA 33131 PHONE. 305.374.5300 • FAX. 305.377.6222 • WWW.BRZONINGLAW.COM COMPREHENSIVE PLAN APPLICATION PLANNING AND ZONING DEPARTMENT, HEARVA,$QARDy'CTION 444 SW 2nd Avenue, 3rd Floor • Miami, Florida 33130 • Telephone 3C41 12030 www.miamiqov.com/hearinq 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'/%x11") 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. COMPREHENSIVE PLAN APPLICATION Please refer to Section 62-31 of the Miami City Code for Comprehensive Plan information. 1. Applicant(s): Ben Fernandez, Esq. on behalf of Twenty Third Street Invest, LLC 2. Subject property address(es) and folio number(s): 3231 SW 23rd Street (Folio 01-4116- 009-1780) 3. Present designation(s): Duplex Residential 4. Future designation(s): Low Density Multifamily Residential 5. If the requested Land Use is approved, will a Rezoning be requested for consistency with the Zoning Atlas, per F.S. 163.3184(3)(e)? yes If yes, please contact Planning at 305-416-1400. 6. Has the designation of this property been changed in the last year? If so, when? No 7. Do you own any other property within 200 feet of the subject property? No If yes, has the property been granted a Land Use Change within the last year? No 8. One (1) original, two (2) 11 x17" 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. 9. 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. 10. 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. 11. At least two photographs showing the entire property showing land and improvements. 12. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable. z - 13. Affidavit of Authority to Act and the Disclosure of Ownership of all owner —and contract p wcha ers, if applicable —of the subject property. � 'T)rn 14. For all corporations and partnerships indicated: rn 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 Oorpation 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. 15. Certified list of owners of real estate within 500 feet of the subject property. 16. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit. 17. Original Public School Concurrency Management System Entered Requirements form. 18. The subject property(ies) cannot have any open code enforcement/lien violations. Rev. 07-2013 2 COMPREHENSIVE PLAN APPLICATION 19. What is the acreage of the project/property site? .258 acres 20. What is the purpose of this application/nature of proposed use? Multi -family 21. 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 22. 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 23. Is the property within the Coastal High Hazard Area (CHHA)? Please contact the Planning and Zoning Department on the 3rd Floor for information and further instructions. No 24. What would be the anticipated duration of the presentation in front of the: ❑ Planning, Zoning and Appeals Board 15min and/or ❑ City Commission 15min 25. Cost of processing according to Section 62-22 of the Miami City Code*: a. Application to Amend the Comprehensive Neighborhood Plan per acre b. Advertising c. School Concurrency Processing d. Mail notice fee per notice e. Meeting package mailing fee per package *Fees over $25, 000(A Signature Name Telephone $ 5,000.00 $ 1,500.00 $ 150.00 $ 4.50 $ 6.00 l/ be paid i he, orm of a certified check, cashier's check, or money order. Ben Fernandez, Esq. 305-377-6235 Address 200 S. Biscayne Blvd., # 850 STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 1 day of January, 2015, 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 ate;-th. Miami, FL 33131 E-mail BFernandez(BRZoningLaw.com (Stamp) ,.!3,V Pu',., BETTY LLERENA Notary Public - State of Florida My Comm. Expires Mar 5, 2018 Commission # FF 078662 Signat re Rev. 07-2013 3 COMPREHENSIVE PLAN 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. 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, 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. > r Applicant(s) Name Applicant(s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this ' day of January, 2015, 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�j:t (Stamp) �r""Ooe', BETTY LLERENA r. Notary Public - State of Florida I 1'.;��d o`er MyCommission # FF 078662 Expires t 8 ,' 4p� ii�d Signa Rev. 07-2013 4 COMPREHENSIVE PLAN 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) Twenty Third Street Invest, LLC Percentage of Ownership 75% Akin S. Kavur and Patricia Kavur Van Opslaqh, 25% Landau Invest LLC (100% owned by David Landau) Subject Property Address(es) 3231 SW 23rd Street, Miami, Florida (Folio No. 01- 4116-009-1780) 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. N/A Street Address(es): Legal Description(s): N/A Ben Fernandez, Esq. Owner(s) or Attorney Name Owne (s) or Attorney Sign STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this day of January, 2015, 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 oath. (Stamp) ,,,,,,OF BETTY LLERENA Notary Public • State of Florida My Comm. Expires Mar 5, 2018 Commission # FF 078662 Sign Rev. 07-2013 5 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. NAME: 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 FAX: (305) 377-6222 EMAIL: BFernandez@BRZoningLaw.com BUSSINESS or APPLICANT or ENTITY NAME Twenty Third Street Invest, LLC BUSINESS ADDRESS: 2331 Tigertail Court (Address Line 1) Miami, FL 33133 (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. Miscellaneous land use, zoning and permitting matters for the property located at 3231 SW 23rd 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? Ell YES LINO 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. 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 I hereby acknowledge that Ordinance 12918 and such or civil penalties that may disclosure requirement was 1. the application effect; 2. no application considered nullification PERSON SUBMITTING DISCLOSURE: ACKNOWLEDGEMENT OF COMPLIANCE it is unlawful to employ any device, scheme or artifice to circumvent circumvention shall be deemed a violation of the Ordinance; be imposed under the City Code, upon determination by not fully and timely satisfied the following may occur: or order, as applicable, shall be deemed void and from any person or ity for the sam issue by the applicable boards) u it expiration o peri of the application of order ( _ i the disclosure requirements of and that in addition to the criminal the City Commission that the foregoing without further force or shall be reviewed or d of one year after the ignatur Ben Fernandez �0 before me this _ -......_..----,day before me by as identification and/or trii Print Name cf -- V\A,.) Sworn to and subscribed instrument was acknowledged V _._ _--.-..-.-_-, The foregoing , who has produced me and who did/did not take an oath. is personally known to . STATE OF FLORIDA CITY OF MIAMI MY COMMISSIO : 3e-Vv1� _ _ _ Notary ``,e�Q filet f :,::::::(i. Doc. No..86543 � : id'r' �'''. BETTY LIERENA g : Pri t Name ri: Notary Public - State of Florida My Comm. Expires Mar 5, 2018 Page 2 ••,, Ord„.•` Commission 0 FF 078652 g City of Miami Public School Concurrency Concurrency Management System Entered Requirements Applicant Fields Information Application Type Public Hearing Application Sub -Type Zoning Application Name * Twenty Third Street Invest, LLC Application Phone * 305-377-6235 Application Email * BFemandez@BRZoningLaw.com Application Address * 3231 SW 23rd Street Contact Fields Information Contact Name * Ben Fernandez, Esq. Contact Phone * 305-377-6235 Contact Email * BFernandez@BRZoningLaw.com Local Govt. Name City of Miami Local Govt. Phone 305-416-1400 Local Govt. Email GDGay(y)ci.nuami.tl.us Local Govt. App. Number (OFFICIAL USE ONLY) Property Fields Information Master Folio Number * 01-4116-009-1780 Additional Folio Number Total Acreage * ±0.258 acres Proposed Land Use/Zoning * Land Use/Zoning Single -Family Detached Units * Single -Family Attached Units (Duplex) * Multi -Family Units * 9 Total # of Units * 9 Redevelopment Information (MUSPs) - Re -development applications are for those vacant sites for which a local govemment has provided vested rights; or for an already improved property which does not have to be re -platted as deemed by the local government. The number of units to be input into the CMS is the net difference between the existing vested number of units and the newly proposed number of units. Example: an existing 20-unit structure will be torn down for redevelopment. The newly proposed development calls for 40 total units. Local govemment shall input 20 units in the CMS (net difference between the 20 units vested less the newly proposed 4 units). Required Fields for Application * / ) i / r-ervvalndez, Owner(s)/Attorney/Applicant Name O er(s)/Attorney/Applicant STATE OF FLORIDA COUNTY OF MIAMI-DADE "�� The foregoing was acknowledged before me this ' day olt.—�� I 20 149 by rX y\ fer k4 f 2 who is a(n) individual artner/a partner/agent/corporation oration of O P g P individual/partnership/corporation. He/She is personally known as identification and who did (did not) take an oath. tos s; BETTY LLERENA Notary Public - State of Florida A.; My Comm. Expires Mar 5, 2018 V;OFra:' Commission N FF 078662 igna a(n) to me or who has produced -v c11 10. 3 rn. 2 -a rn This instrument was prepared by and after recordation return to : `0 Name: Ben Fernandez, Esq. Address: Bercow & Radell, P.A. 200 S. Biscayne Boulevard, Suite 850 Miami, FL 33131 (Space reserved for Clerk) DECLARATION OF RESTRICTIVE COVENANTS This Declaration of Restrictive Covenants (the "Declaration") made this day of , 2015 , by Twenty Third Street Invest, LLC (hereinafter referred to as the "Owners"), is in favor of the CITY OF MIAMI, FLORIDA, a municipality located within the state of Florida (hereinafter referred to as the "CITY"). WITNESSETH WHEREAS, the Owners sought and obtained a rezoning pursuant to Ordinance No. , for the property located at and being legally described as: (See attached exhibit "A"). WHEREAS, the Owners are desirous of making a voluntary binding commitment to assure that the Property shall be developed in accordance with the provisions of the Declaration herein. NOW THEREFORE, the Owners voluntarily covenant and agree that the Property shall be subject to the following restrictions that are intended and shall be deemed to be a covenant running with the land and binding upon the Owner of the Property, and its heirs, successors and assigns as follows: Section 1. The recitals and findings set forth in the preamble of this Declaration are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The Owners hereby make the following voluntary declarations running with the land concerning the use of the Property: A. The Property shall be developed substantially in compliance with the conceptual site plans entitled "3231 Rezoning", prepared by Fortis Lamas Architecture dated 11/18/2014. Section 3. Effective Date. This Declaration is effective at the date of execution hereof. This instrument shall constitute a covenant running with the title to the Property shall be binding upon Owners, their successors and assigns. These restrictions shall be a limitation upon all present and future Owners of the Property and shall be for the public welfare. Section 4. Applicable Law & Venue; Attorney's Fees. Florida law will apply to interpretation of this instrument. Venue in any civil actions arising under this instrument shall be in Miami -Dade County, Florida. Each party shall bear their own attorney's fees. Section 5. Amendment and Modification. This instrument may be modified, amended, or released as to any portion of the Property by a written instrument executed by the then Owners of the fee -simple title to the land to be affected by such modification, amendment or release, providing that same has been approved by the City of Miami Planning and Zoning Board Appeals Board and/ or City Commission after a public hearing which public hearing shall be applied for at the expense of the Owner. Upon approval of such modification amendment or release as specified herein, the Director of the City of Miami's Planning Department or his successor shall execute a written instrument in recordable form effectuating and acknowledging such modification, amendment or release. Such instruments shall be in a form acceptable to the City Attorney. Section 6. Inspection and Enforcement. An enforcement action may be brought by the City by action in law or in equity against any party or person violating or attempting to violate any covenants of this Declaration, or provisions of the building and zoning regulations, either to restrain violations or to recover damages. The prevailing party in the action or suit shall be entitled to recover costs and reasonable attorney's fees. This enforcement provision shall be in addition to any other remedies available under the law. The award of attorney's fees to a prevailing party shall not be used or enforced against the City of Miami. Section 7. Severability. Invalidation of any one of these covenants by judgment of Court shall not affect any of the other provisions of the Declaration, which shall remain in full effect. Section 8. Recording. This Declaration shall be filed of record among the Public Records of Miami Dade County, Florida, at the cost of the Owners, and the City „f Miami will be f„rnished—a— ec-orded E . This Declaration shall be filed of record among the Public Records of Miami -Dade County, Florida, at the cost of the Owners, and the City of Miami Planning and Zoning Director will be furnished a recorded copy by the Owners within thirty (3) days of this Declaration being recorded. [Signature Pages to Follow] ACKNOWLEDGMENT INDIVIDUAL Signed, witnessed, executed and acknowledged on this day of , 2015. Witnesses: TWENTY THIRD STREET INVEST, LLC Signature By: David Landau Print Name Signature Print Name STATE OF COUNTY OF Title: Address: 2331 Tigertail Avenue Miami, FL 33133 The foregoing instrument was acknowledged before me by David Landau, the of Twenty Third Street Invest, LLC. He is ❑ personally known to me or ❑ has produced , as identification. Witness my signature and official seal this day of 2015, in the County and State aforesaid. Notary Public State of My Commission Expires: Print Name Exhibit A Address: 3231 SW 23rd Street Folio Number: 01-4116-009-1780 LEGAL DESCRIPTION The East 1/2 of Lot 76 and all of Lot 77, Block 4, Miami Suburban Acres, according to the plat thereof as recorded in Plat Book 4, Page 73, of the Public Records of Miami -Dade County, Florida City of Miami - Zoning Application Page 1 of 2 I 1 • j1187.1.7. re NE 2: Br vita u - - — - - - 13-0 1 T41 1 ' ' I I I ' i 1 \ \ 1 ; ''. 1 - - - 144-0 _ — — — (PUN 1011 CR OF MIAMI _ - - Seiect ma; Offs to dBpjay. Base Maa Rat Miami Lim liyer Traugarepty A Kam' 21 )'rA ftitsh 103 SKI( D5Oltir Speci Area Pips DesigA Guidelna Pimarylo 11000 Minn/ (No !aphid) fitse Lrd , Ervorrxrdai 9 littr : •_ -1----r----7-TH 1 1 i I ' i 1 1 1 1 1 i http://maps.miamigis.com/miamizoningsite/ 11/26/2014 CFN: 20130143219 BOOK 28500 PAGE 2839 DATE:02/22/2013 08:23 34 AM DEED DOC 2,567.40 HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY Prepared by: Jose R, Pujols Attorney at Law Josp R. Pujols, P.A. 2655 LeJeune Road PH 1-C Coral Gables, FL 33134 305-569-9533 FileNumber: 13-1221 Federated Title & Trust 2630 SW 28th Street, #61 Coconut Grove, Florida 33133 [Space Above This Lino For Recording Data] Warranty Deed This Warranty Deed made this day of February, 2013 between Cirilo J Rodriguez and Amparo Rodriguez, husband and wife whose post office address is 3231 SW 23 Street, Miami, FL 33145, grantor, and Twenty Third Street Invest, LLC, a FJprida Jisnited Fabilitv company whose post office- address is c4, ,..o.t..., S5/ 53 , grantee: .(Whenever 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, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Miami -Dade County, Florida to -wit: The East 1/2 of Lot 76 and all of Lot 77, Block 4, Miami Suburban Acres, according to the plat thereof as recorded in Plat Book 4, Page 73, of the Public Records of Miami -Dade County, Florida Parcel Identification Number: 0141i 60091780 Subject to: Conditions, restrictions, limitations and easements of records, if any, without intent of reimposing same; applicable zoning regulations and taxes for the year 2013 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 grantcc 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, 2012. In Witness Whereof, grantor has hereunto set grantors hand and seal the day and year first above written. Signed, sealed and delivered in our presence: (Seal) (Seal) State Fl rids Coo iami-Dade The foregoing instrument was acknowledged before me tbis4 day of February, 2013 by Cirilo J Rodriguez and Anwar° Rodriguez, who Li are personally known or [X] have produc a dentification. [Notaty Seal] ALEJANDRO ASDANIO MY CGMMISSION #EE181655 EXPIRES: MAR 21, 2016 51 Weep lel Stale Insurance My Lo,nrnission Expires: DoubleTimee ABBREVIATIONS AND LEGEND A ARC A/C AIR COMMONER BkNCHUANK BRG (cl C6G BEARING CALCULATED CUNCNLIL GUTTER CC VAULTED MLR CURB & GUTTER CH CHORD CHBRC C.M.E. C.N.A. CONC. DE CHORD BEARING ,ANAL MAINTENANCE EASEMENT C(MNER NOT ACCESSIBLE CONCRETE DELTA DRAINAGE LASEMENT E.O.P. EDGE O PAVEMENT T.C. T.D.H. }.E E .ENCE U11WLR FOUND DRILL HULE FENCE ENDS TINSHED FLOOR ELEVATION F.I.P./T..R. F.N. F.NAD. F.Pk.N. FOUND IRON PIPE/ROD FOUND NAIL FOUND NAIL AND DISC FOUND PARKER KALOV NAE GAR. GARAGE I.D. SURVEYOR'S IDENTIFICATION LENGTH LA.E LM.E LIMITED ACCESS EASEMENT LAKE MAINTENANCE EASEMENT (M 0(s PP� MEASURED OFFSET PLATTED PUNT OF CURVATURE P.C.C. POINT OF COMPOUND CURVATURE P.O.B. P.O.C. P.R.C. P.R.Y. P.T. PONT OF BEGINNING PONT OF COMMENCEMENT PONT OF REVERSE CURVATURE PERMANENT REFFNENCE MONUMENT PONT OF TANGENCY RitL RYE. E. RADIUS RECORD RIGHT-OF-WAY ROOF ENCROACHMENT EASEMENT TAN strRCN ROD/PIPE SKI NAIL AND DISC` TANGENT TYPICAL LIMEY EASEMENT W.E. WATER'S EDGE OVERHEAD WINE UNE MOD FENCE CHAIN LINK FENCE IRON/ALUMINUM FENCE MONUMENT UNE CENTERUNE PROPERTY UNE iE',ti =AIR CONDITIONER O =BELLSOUTIR BOX .CABLE BOX • =CATCH BASIN en =CONTROL VALVE BOX ® .ELECTRIC BOX • =ELECTRIC ME1ER e -ELECTRIC SERVICE BOX EXISTING ELEVATIONS • =FBE HYDRANT =DUMSIER 111111 =FLIORT BLOR10AOX POWER & HANDICAP SPACE =INLET * =LIGHT POLE 1* =METAL LNAIT POLE QS =SANITARY MANHOLE .SATELLITE DISH II =WATER METER32(M) A =WATER VALVE 72, =WOOD POE =LIGHT POLE WATER BOO P.: ;<:: <;;: > :::1 CONCRETE ehly,.44..i±st/ — — — — — IU11117Y EASEMENT (U.E.) F.t.P. 1/2° — (Nu I.D. 0.1' • o • N J m w N ASPHALT DRIVEWAY FO N89'58'36"W 75.00' O T.•••••••.28.O." Q1� F.I.P.1/2' (No I.D.) CONC. . S.W. 23rd STREET N89'56'36°11 20 ASPHALT PAVEMENT 70' TOTAL RIGHT—OF—WAY V 7.3'_ 9 a DIE BASI' O BEARINGS ARE ASSUMED ALONG DE CA OF SW STREET JfRoNT VIEW BUILDING N0. 3231 ,FRONT VIRW BUILDING N0. 3233 VICINITY MAP GRAPHIC SCALE 20 0 10 LEGAL DESCRIPTION The East 1/2 of lot 76 and all of Lot 77 in Block 4 OF ° MIAMI SUBURBAN ACRES" according to the Plat thereof recorded at Plat Book 4, Page 73 of the Public Records Records of Miami —Dade Couny, Florida FLOOD ELEVATION INFORMATION This property appears to be located in Flood Zone X Base Flood Elevation N/A as per Federal Emergency Management Agency (FEMA) Community —Panel Number 120650 (CITY OF MIAMI), 12086 C Map No. 0476 Suffix L. Effective Date: September 11, 2009 BURVEYOR'S NOTES: 1) The above captioned property was surveyed and based on the above legal description provided by the client. 2) Foundations and/or footings that may cross the boundary line of the parcel herein described ore not shown. Undergound utilities ore not depicted hereon. 3) The lands shown hereon were not adstracted for easement or other recorded encumbrances not shown on the plat and the same if any may not be shown on this section 4) Wall ties are to face to the wall 5) Ownership subject to opinion of the Title. 6) Additions or deletions to survey maps or reports by other than the signing party or parties is prohibited without written consent of the signing party or parties. 7) Elevations shown hereon are based on a closed level loop using third order procedures and are relative to the National Geodetic Vertical Datum 1929. 8) Survey map and report copies thereof are not valid without the signature and raised seal of the Florida Licensed Surveyor. 9) Ownership of fences are unknown. 10) This survey has been prepared for the exclusive use of entities named hereon this Certification does not extend to any unnamed party or parties. 11) The purpose of this survey is for use in the application for rezoning from T-3 to T4 purposes. 12) Contact the appropiate authorities prior to any design work or excavation on the herein described parcel for building, zoning information and utilities location. SURVEYOR'S CERTIFICATE' I HEREBY CERTIFY THAT THE ATTACHED BOUNDARY SURVEY OF THE -s.vla s, ABOVE DESCRIBED PROPERTY IS RRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF .PW10E%t8tttLNRSNIP ED UNDER MY DIRECTION, ALSO THAT THERE ApW"(0 BLN ,i *AA ENTS UNLESS SHOWN, AND THIS SURVEY SWAT .:,:,AIL; 7 ` jXE PW CTICE SET BY THE FLORIDA BOARD . 1.009' iqY OifFjt IN CHAPTER 472.027 (F.B) NBiE .1• —17'08 .I'•. 11Dh ADMINISTRATIVE 20 CODE. THIS SBRWEY E !SEE OWNERSHIP. a 110 2 04 _ ce E WA NM WAS FM,2 iii — iii = oiiiiiiiii (IN FEET) 1 inch — 20 ft. NOTE NOT VALID UNLESS SIGNED AND SEALED SUR,iYOR TATIE�N��(jjKC•2FL\Yl¢� ronTIMHnIL�LtiG�` TWENTY THIRD STREET INVEST, LLC