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Home My WebLink AboutPZAB 3-18-15 Supporting DocumentationFile ID: Title: PZAB.3 PLANNING, ZONING AND APPEALS BOARD FACT SHEET 15-00046zc Quasi -Judicial A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "SUB -URBAN TRANSECT ZONE - OPEN" T3 - 0 TO "GENERAL URBAN TRANSECT ZONE RESTRICTED" T4 - R, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3231 SOUTHWEST 23RD STREET MAKING FINDINGS; 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 allow a change in zoning classification for the above property from T3- 0 to T4-R. Finding(s): Planning & Zoning: Recommends approval. Item includes a covenant. See companion File ID: 15-000461u. Planning, Zoning and Appeals Board: March 18, 2015 City of Miami Planning and Zoning Department Division of Land Development ANALYSIS FOR ZONING CHANGE REQUEST FILE ID: 15-00046zc 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 Pursuant to Article 5 and Article 7, Section 7.1.2.8 of Ordinance 13114, as amended, the applicant is requesting a change of zoning for a single parcel along SW 23rd Street between SW 32nd AVE and SW 34th AVE. The proposed change of zoning for the parcel fronting SW 23rd Street is from T3-O (Sub -Urban Transect Zone Open) to T4-R (General Urban Transect Zone Restricted). (Complete legal description is on file with the Hearing Boards Section). The subject site consists of 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. BACKGROUND The site and the surrounding areas immediately to the north and west are zoned T3-O; properties to the east are zoned T6-8-O; and properties due south of the subject area are zoned T4-L. The parcels adjacent to the east and designated with T6-8-O transect zone, conforms the SW 32nd Avenue commercial corridor and the proposed zoning designation (T4-R) would perform as a desirable transitional buffer to the T3-O. The subject site is two blocks south of the Coral Way commercial corridor which is designated with a less intense zoning classification (T5-O) though more highly trafficked, commercial corridor. The Land Use designation currently approved on this parcel is Duplex Residential. The proposed designation will be Low Density Multifamily Residential. City artment EXISTING NEIGHBORHOOD CHARACTERISTICS: FUTURE LAND USE DESIGNATION Subject Property: 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 Following the above referenced "Background", this proposal for rezoning is taking in consideration criteria set forth in Article 7, Section 7.1.2.8 (a)(3) & (f)(2) of Miami 21: ZONING Subject Property: 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 WEST: T3-O; Sub -Urban Transect Zone Open Zone Open Criteria: For rezoning: A change may be made only to the next intensity Transect Zone or by a Special Area Plan, and in a manner which maintains the goals of the Miami 21 Code to preserve Neighborhoods and to provide transitions in intensity and building heights. Analysis: The subject property is a part of an established T3-O duplex residential neighborhood. Immediately to the north of this neighborhood is the Coral Way commercial corridor, and to the east of the subject property is a abutting to higher intensity development (T6-8-O). Under the Miami 21 Code, the portion of SW 32nd Avenue adjacent and to the east of the subject site was rezoned to T6-8-O, and three parcels to the south of the subject site were rezoned T4-L. The T6-8-O was applied to existing higher intensity development. The T4-L was applied to an existing surface parking lot, as this is the least intense transect zone that accommodates public parking as a use. 15-00046zc Page 2 of 4 INf0 1 The intent of Miami 21 is to provide a moderate transition in building heights and intensities between zones. Accordingly, the condition in the vicinity of the subject site is highly undesirable. Much of the T6-8-O zone directly abuts parcels zoned T3-O. A portion of this T6-8-O zone abuts T4-L, creating a more desirable transition between the T3-O and the T6-8-O. The proposed rezoning will produce a northward expansion of this existing transitional zone. The applicant has proposed T4-R instead of T4-L in order to provide this desirable transition in height and intensity while minimizing the introduction of commercial uses into the residential neighborhood to the west. A proximate comparable model exists along Coral Way to the north of the residential neighborhood. The T3-O residential neighborhood is buffered from the higher intensity T5-O commercial corridor by a transitional T4-L zone. A rezoning of this parcel to T4-R will complement the uses of the residential neighborhood while providing a more appropriate transition between the T3-O neighborhood and the T6-8-O properties located along SW 32nd Street. Staff finds the proposed rezone of 3231 SW 23 ST from T3-O to T4-R to be successional and consistent with the goals of the Miami 21 Code as the proposal is compatible with the surrounding zoning districts. Finding: Consistent with the intent of Miami 21 Zoning Code In regards to the uses allowed, "Table2. Excerpt of Article 4 Table 3 of Miami 21 Code" shows how the new uses would potentially impact the surrounding area with the proposed rezoning. Table 2. Excerpt of Article 4 Table 3 of Miami 21 Code DENSITY (UNITS PER ACRE) RESIDENTIAL SINGLE FAMILY RESIDENCE COMMUNITY RESIDENCE ANCILLARY UNIT TWO FAMILY RESIDENCE MULTI FAMILY HOUSING HOME OFFICE T3 R L O 9 9 18 R R R R R R R R R R R T4 R L O 36 36 36 R R R R R R R R R R R R R R R R R R 15-00046zc Page 3 of 4 City IP grid r !ng # Rrtment ear`& p ent b1e 2.•-Excerpt of Article 4 Table 3 of Miami 21 Code (Cont.) DENSITY (UNITS PER ACRE) LODGING BED & BREAKFAST CIVIC RECREATIONAL FACILITY RELIGIOUS FACILITY CIVIL SUPPORT INFRASTRUCTURE AND UTILITIES MARINA EDUCATIONAL CHILDCARE ELEMENTARY SCHOOL MIDDLE / HIGH SCHOOL PRE-SCHOOL CONCLUSION: T3 R L O 9 9 18 E E E E E E w w w E E E E E E E E E T4 R L O 36 36 36 w R R E R R E R R w w w E w w E w w E E E E E E E E E Staff finds the zoning request is consistent with the goals of the Miami 21 Code as the request is compatible with the surrounding zoning districts. RECOMMENDATION Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114, as amended on the aforementioned findings, the Planning & Zoning Department recommends approval of the proposed rezoning as presented. Christopher Brimo Chief of Land Development 2/4/2015 S. Garrido 15.00046zc Page 4 of 4 Analysis for ZONING CHANGE File ID: 15-00046zc a) The proposed change conforms with the adopted Miami Comprehensive Neighborhood Plan and does not require a plan amendment. b) The proposed change is in harmony with the established land use pattern. c) The proposed change is related to adjacent and nearby districts. d) The change suggested is not out of scale with the needs of the neighborhood or the city. e) The proposed change maintains the same or similar population density pattern and thereby does not increase or overtax the load on public facilities such as schools, utilities, streets, etc. f) Existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. g) Changed or changing conditions make the passage of the proposed change necessary. h) The proposed change positively influences living conditions in the neighborhood. i) The proposed change has the same or similar impact on traffic and does not affect public safety to a greater extent than the existing classification. j) The proposed change has the same or similar impact on drainage as the existing classification. k) The proposed change has the same or similar impact on light and air to adjacent areas as the existing classification. I) The proposed change has the same or similar impact on property values in the adjacent area as the existing classification. m) The proposed change will contribute to the improvement or development of adjacent property in accord with existing regulations. n) The proposed change conveys the same treatment to the individual owner as to owners within the same classification and the immediate area and furthers the protection of the public welfare. o) There are substantial reasons why the use of the property is unfairly limited under existing zoning. p) It is difficult to find other adequate sites in the surrounding area for the proposed use in districts already permitting such use. MIAMI 21 ZONING MAP (EXISTING) 150 300 600 Feet CoraliWayy,Beautification Master‘P.lan Zone 5 SW 24TH TER ADDRESS: 3231 SW 23 ST MIAMI 21 ZONING MAP (PROPOSED) T5- w SW,21STjTER T4LT3 &L. lamzzzzSW 22Ns �T CAM, 'WI XXI Coral Way----------------- \Coral\Way'B autifi ation Master Plan\(ZZone\6), SW-22ND•TER CoralWayy,Beautification \\\\ \\\' \\\\' MasterPlam(Zone 5)1 NI L T4TG R R T3—O z M T4; R jT6-8-O SW-23RD ST T4- J SW 23RDITER r, \ 1 SW 24TH ST 0 150 300 600 Feet ADDRESS: 3231 SW 23 ST SW1ND'TER SW 24TH'ST SWR23RD: ST SW,23RD TER o reeo Ejsri. D�i,gital@lobe ap.ics. C•NEStAirb Getmapping Ae ogrid IG Community ;' wisstopo.',avidItee'�G1$ Tse,R a 0 150 300 600 Feet I i 1 I ADDRESS: 3231 SW 23 ST City of Miami Legislation PZAB Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15-00046zc Final Action Date: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "SUB -URBAN TRANSECT ZONE - OPEN" T3 - 0 TO "GENERAL URBAN TRANSECT ZONE RESTRICTED" T4 - R, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3231 SOUTHWEST 23RD STREET MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 3231 SW 23 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. See companion File ID 15-000461u. PURPOSE: This will allow a change in zoning classification for the above property from T3-O to T4-R. 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 Zoning Change as set forth; and WHEREAS, the proposed zone change is in harmony with the established land use pattern and the adjacent and nearby districts; and WHEREAS, the proposed zone change is not out of scale with the needs of the neighborhood or the city; and WHEREAS, the proposed zone change will not create district boundaries that are illogically drawn in relation to existing conditions on the property proposed for change and there are some changing conditions making the passage of the proposed change necessary; and WHEREAS, the proposed zone change will contribute to the improvement of development of properties in the adjacent area in accordance with existing regulations; and WHEREAS, the proposed zone change will convey the same treatment to the individual as to the owners within the same classification and the immediate area and furthers the protection of the public welfare; and City of Miami Page 1 of 2 File Id: 15-00046zc (!Version: 1) Printed On: 3/6/2015 File Number.' 15-00046zc 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 zoning classification 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. The Zoning Atlas of Ordinance No. 13114, as amended, is further amended by changing the zoning classification from T3-O "Sub -Urban Transect Zone Open" to T4-R "General Urban Transect Zone Restricted", for the property located at approximately 3231 Southwest 23rd Street, Miami, Florida, as described in "Exhibit A", attached and incorporated. Section 3. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Miami 21 Code of the City of Miami, Florida, as amended, which provisions may be renumbered or relettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 5. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof, pursuant and subject to §163.3187(3)(c), Florida Statutes.{1} APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ CITY ATTORNEY 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 2 of 2 File Id: 15-00046zc (Version: 1) Printed On: 3/6/2015 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 -111 BGRCOW RADGLL & FERNAN DEZ ZONING, LANED USE ANC ENVIRONMENTAL LAW Direct: 305-377-6235 E-Mail: BFernandez(a.BRZoningLaw.com GIi VIA HAND DELIVERY a March 2, 2015' Ms. Olga Zamora Planning and Zoning Department rnz Hearing Boards Section Miami Riverside Center (MRC) 444 SW 2nd Avenue, 3rd Floor Miami, Florida 33130 Re: 3231 SW 23rd Street, Miami, Florida 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/b1 Enclosures SOUTHEAST FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI, FLORIDA 33131 PHONE. 305.374.5300 • FAX. 305.377.6222 • WWW.BRZONINGLAW.COM REZONING APPLICATION PLANNING AND ZONING DEPARTMENT, HEARING BO lih$J, 'EC7IO 444 SW 2nd Avenue, 3rd Floor • Miami, Florida 33130 • Telephone 305-416- 34:51 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'hx11 ") or other materials submitted during this process will be kept as part of the record. Any documents offered to the Planning, Zoning and Appeals Board and the City Commission, which have not been provided fifteen (15) days before the meeting as part of the agenda materials will be entered into the record at the discretion of the aforementioned Board and Commission. ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE STATES THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. Ordinance No. 12918 states that each person or entity requesting approval, relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees regarding any issue, shall disclose at the commencement (or continuance) of the public hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, for an agreement to support or withhold objection to the requested approval, relief or action. The Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit included in this package must be submitted with the application. The applicant must, at the commencement of any public hearing on the issue, if there is any disclosure to report, read the disclosure into the record. Also, the applicant must supplement the affidavit if there is any new information or additional information to disclose. Copies of City Commission resolutions and ordinances can be obtained at our website through the "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360. Rev. 07-2013 2 REZONING APPLICATION Please refer to Article 7.1.2.8 of the Miami 21 Code for Rezoning information. 1. Applicant(s): Ben Fernandez, Esq. on behalf of 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 zoning designation(s): T3-O 4. Proposed zoning designation(s): T4-R 5. Per Miami 21, Article 7.1.2.8, c.2 (g), an analysis of the properties within a one-half mile radius of the subject property, including aerial photo of the site as to why the present zoning designation is inappropriate and proposed zoning designation is appropriate. 6. One (1) original, two (2) 11x17" copies and one (1) 8'hx11 copy of the survey of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application. 7. A clear and legible copy of the recorded warranty deed and tax forms of the most current year showing the present owner(s) and legal description of the property to match the legal description on the survey. 8. A clear and legible copy of the subject property address(es) and legal description(s) on a separate sheet, labeled as "Exhibit A", to match with the current survey's legal description. 9. At least two photographs showing the entire property showing land and improvements. 10. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable. 11. Affidavit of Authority to Act and the Disclosure of Ownership of all owner —and contract purchasers, if applicable —of the subject property. 12. For all corporations and partnerships indicated: a) Articles of Incorporation; b) Certificate from Tallahassee showing good standing, less than one (1) year old; c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation authorizing the person who signed the application to do so; d) Non-profit organizations: A list of Board of Directors less than one (1) year old. 13. Certified list of owners of real estate within 500 feet of the subject property. 14. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit. 15. Original Public School Concurrency Management System Entered Requirements form. 16. The subject property(ies) cannot have any open code enforcement/lien violations. Rev. 07-2013 3 REZONING APPLICATION 17. What is the acreage of the project/property site? .258 acres 18. What is the purpose of this application/nature of proposed use? Multi -family 19. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning and Zoning Department on the 3rd Floor for information. no 20. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning and Zoning Department on the 3rd Floor for information. no 21. What would be the anticipated duration of the presentation in front of the: ❑ Planning, Zoning and Appeals Board 15 min and/or ❑ City Commission 15 min 22. Cost of processing according to Section 62-22 of the Miami City Code*: Change of zoning classification to: a. CS, T3-R, T3-L, T3-O, T4-R, T4-L, T4-O, T5-R, T5-L, T5-O, T6-R, T6-L, CI: Per square foot of net lot area Minimum (Assumes a 5,000 square -foot lot) $ .50 $ 2,500.00 b. T6-8 0, T6-12 0, T6-24 0, D1, D2, D3, T6-36 0, T6-48 0, T6-60 0, T6-80, CI -HD: $ .70 Per square foot of net lot area Minimum $ 5,000.00 c. Advertising $ 1,500.00 d. School Concurrency Processing (if applicable) $ 150.00 e. Mail notice fee per notice $ 4.50 f. Meeting package m-iling fee per;•ackage $ 6.00 *Fees over $25, 000.10, sh. l be pail / t form of a certified check, cashier's check, or money order. Signature Name Telephone Ben Fernandez, Esq. 305-377-6235 Address 200 S. Biscayne Blvd., # 850 Miami, FL 33131 E-mail BFernandezRBRZoningLaw.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this I 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 pera nal lf.nawn to me or who has produced as identification and who did (did not) an o-th. (Stamp) , "'" Si ��z BEflY LLERENA _ Notary Public - State of Florida i ? My Comm. Expires Mar 5, 2018 V,fre 'd � Commission # FF 078662 natur Rev. 07-2013 4 REZONING APPLICATION AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Ben Fernandez, Esq., who being by me first deposes and says: 1. That he/she is the owner or the legal representative of the owner, submitting the public hearing application as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as listed on the foregoing pages. 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, IZI including or ❑ not including responses to day to day staff inquires. 3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative. 4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. Further Affiant sayeth not. Ben Fernandez, Esq. Applicant(s) Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Applicant(s) Signature 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) ta,- a „it (Stamp) 4n o,,,,,A BEM LLERENA ' 't1 S. Notary Public - State of Florida T.,. ;` 'i My Comm. Expires Mar 5. 2018 'E ;• Commission • FF 078662 Signatur Rev. 07-2013 5 REZONING APPLICATION DISCLOSURE OF OWNERSHIP 1. List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if necessary. Owner's Name(es) 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. Street Address(es): Legal Description(s): N/A N/A Ben Fernandez, Esq. Owner(s) or Attorney Name Owrfer(s) or Attorney Signatur STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this I 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 oth. 1P'r (Stamp) ,'" `, BETTY LLERENA t Notary Public • State of Florida My Comm. Expires Mar 5, 2018 '.48` "A" Commission 0 FF 078662 �aunaa Signat Rcv. 07-2013 6 Address City of Miami ---;; MIAMI 21 CODE -ZONING REFERRAL i_ • • .0'iJ6m�"'1. rAu4�s7: �p y ti o,a i ' of pro erty ies): L5c78/ 5iv 2 e, / P � Attached documents for the following permit application: Waiver appeal Exception Special Area Plan Warrant appeal • Amendmend to the Code Zoning Change Variance Other COMMENTS: '!287- 775 ^ (3 /O 7-7`/e SUa24V ` % /�°,4 I 7,rJ 3ie-i > A 8 (c) C0) . /14/;.:# Dj/i - 4 /ilikd�aww%/J0t7 2,4. f,si,/f' r ; 4' . /3sy Office Zoni at z rn rn -4 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 of Miami will be furnished- a recorded copy by the Owners. 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 PIat Hook 4, Page 73, of the Public Records of Miami -Dade County, Florida City of Miami - Zoning Application Page 1 of 2 Parcel Search: 3231Sa'23ST t rae nasrawrrgur COrTOTn2P14GT(OfMIME Select map aytss display, Base Map Lars Sheet U v104 Miami 21 fsshedSetike rArea SpEitDesig cf %?jSpedalArea Pin Rimaryl�r 11N0 immg Ordwoa (NO F6qer 4d"dl @oretl histak http://maps.miamigis.com/miamizoningsite/ 11/26/2014 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) HOMEADDRESS: 200 South Biscayne Boulevard CITY: (Address Line 1) Suite 850 (Address Line 2) Miami STATE: HOME PHONE: (305) 377-6235 Florida ZIP: 33131 CELLPHONE: (305) 978-2866 FAX: (305) 377-6222 EMAIL: BFernande z@BRZoningLaw. cora 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? El YES 0 NO If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement. Doc. No.:86543 3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. Name Address Phone# a. N/A b. 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 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 without and from any person or, ity for the sam issue by the applicable board(s) u it expiration o a peri of the application ocorder /PERSON ( .-.-- the disclosure requirements of and that in addition to the criminal the City Commission that the foregoing further force or shall be reviewed or d of one year after the ignatur Ben Fernandez 9-1N— before me this day before me by as identification and Print crie or is personally known to Sworn to and subscribed instrument was acknowledged STATE OF FLORIDA CITY OF MIAMI MY COMMISSION 0LS _ . The foregoing --' who has produced me and who did/did not take an oath. - Notary Lk1 of !r1 EXPIRES: 3 0 Enclosure(s)s ( Doc. No.:86543 ,1V'N� BETTY LLERENA ' >?, Pri t Name l Notary Public • State of Florida , S My Comm. Expires Mar 5. 2018 ,,, . �t . Commission 0 FF 078682 Page 2 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