HomeMy WebLinkAboutO-12368J-03-323
03/20/03
ORDINANCE NO. 0
AN ORDINANCE OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), AMENDING PAGE NO. 32 OF
THE ZONING ATLAS OF ORDINANCE NO. 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, ARTICLE 4, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING
THE ZONING CLASSIFICATION FROM C-1 RESTRICTED
COMMERCIAL TO R-2 TWO-FAMILY RESIDENTIAL FOR
THE PROPERTY LOCATED AT APPROXIMATELY
4230 NORTHWEST 3RD STREET, MIAMI, FLORIDA,
LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A;"
CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE-; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Miami Zoning Board, at its meeting of June 03,
2002, Item No. 2, following an advertised hearing, adopted
Resolution No. ZB 2002-0582, by a nine to zero (9 to 0) vote,
thus constituting a RECOMMENDATION OF APPROVAL for a change of
zoning classification, as hereinafter 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 zoning classification as hereinafter set forth;
12368
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The Zoning Atlas of Ordinance No. 11000, as
amended, the Zoning Ordinance of the City of Miami, Florida,
Article 4, Section 401, Schedule of District Regulations, is
amended by changing the zoning classification from C-1 Restricted
Commercial to R-2 Two -Family Residential, for the property
located at approximately 4230 Northwest 3rd Street, Miami,
Florida, as legally described in attached "Exhibit A."
Section 2. It is found that this zoning classification
change:
(a) is in conformity with the adopted Miami Comprehensive
Neighborhood Plan;
(b) is not contrary to the established land use pattern;
(c) will not create an isolated district unrelated to
adjacent and nearby districts;
(d) is not out of scale with the needs of the neighborhood
or the City;
(e) will not materially alter the population density
pattern or increase or overtax the load on public
facilities such as schools, utilities, streets, etc.;
(f) is necessary due to changed or changing conditions;
(g) will not adversely influence living conditions in the
neighborhood;
Page 2 of 4� e� do
(h) will not create or excessively increase traffic
congestion or otherwise affect public safety;
(i) will not create a drainage problem;
(j) will not seriously reduce light and air to adjacent
area;
(k) will not adversely affect property value in the
adjacent area;
(1) will not be a deterrent to the improvement or
development of adjacent property in accord with
existing regulations; and
(m) will not constitute a grant of special privilege to an
individual owner so as to compromise the protection of
the public welfare.
Section 3. Page No. 32 of the Zoning Atlas, made a part
of Ordinance No. 11000, as amended, the Zoning Ordinance of the
City of Miami, Florida, by reference and description in said
Ordinance, is amended to reflect the changes made necessary by
this Amendment.
Section 4. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are repealed.
Section 5. 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.
Page 3 of 4 1210368
Section 6. This Ordinance shall become effective
thirty-one (31) days after second reading and adoption thereof
pursuant and subject to § 163.3187 (3) (c) .11
PASSED ON FIRST READING BY TITLE ONLY this 1st day of
May
2003.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 22nd day of May 2003.
MANUEL A. DIAZ, OR
ATTEST:
PRI CILLA A. THOMPSON
CITY CLERK /
i'
APP ED TO�RNj,.ND CORRECTNESS:
kL DIT@-VILARELLO
C Y
ATTORNEY".Q'%'
W142 8 : YMT : smg ,,,, ^^++
i� 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.
Page 4 of 4
X68
EXHIBIT "A"
Certified Only To:
LocaLlon �)Ke Wfi A.
fjOLf GOl/R5L
Union Planters Bank, N.A.
it's Successors and/ or Assigns A.T.I.M.A.
Land 1(One), LTD.
Vila & Padron, P.A.
Attorney's Title Insurance Fund. Inc.
Property Address:
260-298 Northwest 42nd Avenue
Miami, Florida 33126
Elevation Information:
Comm Panel -120650
Panel #
0190
Firm Zone
"X"
Date of Firm
03-02-1994
Base _Flood. Elev. :-
N/A -
Bldg 260-278
±12.93' _
Bldg 292-296
+13.07'
Suffix:.
"J"
Elev. Ref to NGVD
5929
JOB 02-227
DATE 03-04-2002
PB 39-69
Legal Description:
Can 3•MoZ
Lots 3; and 4, "ALJEAN TERRACE", A Subdivision -of
TrapL 2, OF 2nd REV. PLAT OF ESPERANZA MANORS"
Less the East 15 feet for Road RICIiT-OF-WAY,
according to the Plat Book 39, Page 75 of the -
Public Records of Miami -Dade County.
Folio No. 01-4105-012-0020
and
The- East 150 feet -of Tract 2-A, "SECOND
REVISED PLAT OF 9SPERNZA MANORS"
Less the East 15 feet for Road P.IGIIT-OF-P.','.`',
according to the Plat thereof as recorded
in Plat Book 39, at Page 69 of the Public
records of Miami -Dade County, Florida.
Folio No. 01-4105-015-0010
and
The Rest 96.46 (Legal), 97.11(Cal.) Feet of Tract -2A,
"SECOND REVISED PLAT OF ESPERANZA MANORS"
According to the Plat Thereof, as Recorded
in Plat Hook 39 at Page 69 of the Public
Records of Miami -Dade County, Florida
Folio No. 01-4105-01-2-0020
AFA &7�
Company, Inc.
Surveyors Notes:
#1 lands Shown hereon were not abstracted
for Easement and/or Right of way of Records
#2 Survey is Complete
#3 Benchmark : Miami—Dade County Public Yorks Dep.
N/A
#4 Bearings as shown hereon are Based u on
This certifies that the novey of the property
i" described hereon was made under my super—
vision & that the survey meets the minunum
Q, technical standards siY= fort+ by the Florida
p Board of P*ofss:ianpl<Lagd.Si[rveyors t
ursvan�o.F'SbsscitdinMappers-6pICI7#6
Administnve d
472.6Y7. P1*iQ&,Sta:ttes o
n
Lana d: rhat-_Pft-A tch Wereaft is 4-1rW'_,as,d
NorWRest 42nd Avenin NO^'04'00"T
P Professional
#5 Please See Abbreviations and legend Surveyors & Mappers
N/A13050 S.W. 133rd Court
#6 Scale of Drawing: 1' = 30• Miami Florida, 33186
#7 Drawn By : Athiel Date: 03-04-2002
18 Diskette No. 307 Ph. # ('305) 234-0588
#0 tact• Revised: Fax # (305) 234-0423
of my ))Liiovi{e�pe ostd
and ndi
proteslbiia
Not Valid unlea "
Wreof oto the best
saitdsaL .to notes
00ir ##.5526Mi
Q
illtb _II.I t) tl V
ITEM PZ 7
SECOND READING
ZONING FACT SHEET
Case Number: 2002-0556 03 -Jun -02 Item 1
Location: Approximately 4230 NW 3`d Street
Legal: (Complete legal description on file with the Department of Hearing Boards)
Applicant: Jose Valle, President on behalf of
Land (1) One, LTD
7305 SW 107th Avenue
Miami, FL 33173
(305) 447-1196
Zoning: C-1 Restricted Commercial
Request: Change of Zoning as listed in Ordinance No. 11000, as amended, the Zoning Ordinance
of the City of Miami, Article 4, Section 401, Schedule of District Regulations from C-1
Restricted Commercial to R-2 Two Family Residential.
Purpose: This will provide for a unified development site.
Recommendations:
Planning & Zoning Dept.:
Public Works:
Plat and Street Committee:
Miami -Dade County:
Enforcement History, If any
Found N/A.
Violation(s) N/A.
Ticketing Action: N/A.
Approval.
No comments.
See attached comments.
No comments.
Case No: N/A.
Daily $0.00 Affidavit Non -Compliance Issued
Warning Letter sent
Total Fines to $0.00 Lien Recorded
CEB Action:
Last Hearing
Comply Order
History: On May 15, 2003, the Planning Advisory, Board recommended approval of the
Change in Land Use to the City Commission by a vote of 7-0.
Analysis: See supporting documentation.
Zoning Board Resolution: ZB 2002-0582
Zoning Board: Recommended approval to City Commission. Vote: 9-0
City Commission: Passed First Reading on May 1, 2003.
12368
ANALYSIS FOR ZONING CHANGE
Approximately 4230 NW 3rd Street.
CASE NO: 2002-0556
Pursuant to Article 4, Section 401 and Article 22 of Ordinance 11000, as amended, the
Zoning Ordinance of the City of Miami, Florida, the subject proposal for an amendment
to the Zoning Atlas has been reviewed as follows:
The request is to change the Zoning designation from C-1 "Restricted Commercial"
to R-2 "Two Family Residential" as follows:
The subject property consist on one parcel fronting NW 3rd Street (Complete legal
description on file with Hearing Board Office).
The following findings have been made:
• It is found that the subject property is part of a parcel, under the same ownership,
with two different zoning designations; C-1 "Restricted Commercial" on the west part
and R-2 "Two Family Residential" on the east part.
• It is found that this application is in order to move the residential designation by 3 feet
to the west, the boundary line dividing the two designations. The purpose of this
change is to add this strip to the R-2 "Two Family Residential" designation in order to
comply with the minimum requirements to re -plat the property into two R-2 "Two
Family Residential' lots.
Based on these findings, the Planning and Zoning Department is recommending
approval of the application as presented.
136
ANALYSIS FOR ZONING CHANGE
CASE NO. 2002-0556
Yes
No
N/A
❑
In harmony with Comp. Plan; does not require amendment.
F-/�
❑
❑
In harmony with established land use.
Is related to adjacent and nearby districts.
❑
Is within scale with needs of neighborhood or City.
❑
❑
Maintains similar population density pattern.
❑
❑
Existing district boundaries are illogically drawn.
O
❑
Changes or changing conditions that make change necessary.
0
❑,
Positively influences living conditions in neighborhood.
❑
❑
Has similar impact on traffic; does not affect public safety.
❑
—
Has similar impact on drainage.
Fv�
❑
❑
Has similar impact on light and air to adjacent areas.
❑
C
Has similar impact on property values in adjacent areas.
Contributes to improvement or development of adjacent property.
W
❑
❑
Conveys same treatment as to owners within same classification.
0
❑
❑
Property is unfairly limited under existing zoning.
❑
❑
Difficult to find other adequate sites in surrounding area.
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
12l8
Al
to R
am"
v
m
it it,
■-
12368
PLAT AND STREET COMMITTEE
COMMENTS FOR
4230 NW 3 STREET
This property is being replatted concurrent with this request in order to comply with current
zoning regulations for street frontage. A tentative plat was approved by the Plat and Street
Committee on May 2, 2002.
12368
ALBERTA. DO%11NGUEZ. P.E.
Acting Director
April 9, 2003
Mr. Jose Valle
Land 1 (one), Ltd.
7305 SW 107 Avenue
Miami, FL 33173
Dear Mr. Valle:
Ll,i#lj of ffliam-t
VALLE SUBDIVISION (FIRST RESUBMITTAL)
TENTATIVE PLAT #1607-A
Located on the Southwest corner of NW 3 street and NW 42 Avenue
The City of Miami Plat and Street Committee, at its meeting of April 3, 2003, approved the
above tentative plat subject to the following revisions being made to the tentative plat,
additional information being provided and/or variances being granted. Please be advised
that the processing of your tentative plat cannot proceed until these conditions have
been satisfied.
in Surveyor's Note #10, define the zoning information for C-1 and R-2 and reference it
as according to City of Miami Zoning ordinance 11000, as amended.
The zoning change and final plat approval shall be done on the same City Commission
agenda as companion items.
Correct the third parcel description in the legal description as is shown on the opinion
of title.
in addition to the above requirements, you should be aware of the following:
1. State and local laws require the installation of various physical improvements in the
public rights-of-way when property is platted. These subdivision improvements
include paving, drainage, landscaping, sidewalks, etc. in some cases this could
represent a substantial investment on your part.
2. The alteration, relocation or installation of utilities such as storm and sanitary sewers,
electric, telephone, water, etc. caused by this plat will be at the property owner's
expense. Also, utility easements may be required on the property being platted.
3. A building permit will not be issued on the property being platted until the final plat
is recorded. Also, the Certificate of Occupancy for any building construction will be
issued only after all the required subdivision improvements have been completed.
4. Approval for fire flow requirements must be obtained from the Fire -Rescue
Department prior to the issuance of a building permit.
DEPARTMENT OF PUBLIC WORKS
X2368
444 1 '. 'n F onda 33130! (305) 416-1200 J Fax:(305) 416-2153
C yi.'Dircclorv\RESOLUTS\V, L�.Un ,N ��x;30708 Miami. Florida 33233-0708
Mr. Jose Valle
Land 1 (One), Ltd.
VALLE SUBDIVISION (FIRST RESUBMITTAL)
TENTATIVE PLAT #1607-A
April 9, 2003
Page two
5. Additional items must be provided to the City of Miami Department of Public Works
before the final plat is submitted to the City Commission for approval. You will be
notified in writing as to what these items are after the amount of the bond has been
determined for the necessary subdivision improvements.
6. Tentative plat approval is only valid for one (1) year from the date of the Plat and
Street Committee meeting at which time it was approved.
if you have any questions concerning these requirements, please refer to the attached
sheet for the appropriate person to contact.
Sincerely,
Albert A. Dominguez, P. E.
Chairman, Plat and Street Committee
AAD/UH/rjf
Enclosure: Contact Sheet
c: Juan R. Martinez & Assoc.
8550 W. Flagler Street, Ste. 107
Miami, FL 33144
Plat and Street Committee Members
bc: Surveys
Civil Engineering
Central
123368
CAMyDirectory\RESOLUTS\VALLE SUBDIVISION.doc
'fitg of fflian`
%,f OF
JOHN H, JACKSON, P.E. '3
Director local?I III <
o .� c
F�•O.. F VO
May 6, 2002
Mr. Jose Valle
Land 1 (One), Ltd.
7305 SW 107 Avenue
Miami, FL 33173
Dear Ladies and Gentlemen:
VALLE SUBDIVISION
NEW TENTATIVE PLAT ##1607
C.ARLOS A. CW:_:%.-
Citc ,ttara,er
The City of Miami Plat and Street Committee, at its meeting of May 2, 2002, approved the
above tentative plat subject to the following revisions being made to the tentative plat,
additional information being provided and/or variances being granted. Please be advised
that the processing of your tentative plat cannot proceed until these conditions have
been satisfied.
1. In the location sketch:
a. Provide a sectional/fractional legal description.
b. Label the area to be platted as VALLE SUBDIVISION.
c. Show underlying existing subdivision for the plat area and adjacent areas,
including block and lot numbers.
d. Provide zoning designations and zoning district lines.
2. Provide bearings and distances along all proposed lot lines and along the centerlines
of NW 42 Avenue and NW 3 Street.
3. Show underlying legal description for the area to be platted including lot and block
numbers, subdivision name and plat and book numbers. Also provide this
information, North of NW 3 Street and West of NW 42 Avenue and to the Northwest of
said intersection.
4. Provide square footage area for each of the proposed lots.
5. Provide a graphic scale.
6. In Surveyor's Note #10, define the zoning- information and reference it as according to
City of Miami Zoning Ordinance 11000, as amended.
7. Provide owners name and address.
8. Elevations must be on City of Miami Datum.
9. Reference the Plat Book and Page numbers for the Miami -Dade County Flood Criteria.
10. Delete the quotation marks from the proposed plat name.
CANlyDirec@94ff§6 TJfffX lid Avenue/Miami, Florida 33130/(305)416-1200/Fax:416-2153
Mai ung A dress: ox 330708 Miami, Florida 33233-0708 Q
V
Mr. Jose Valle
Land 1 (One), Ltd.
VALLE SUBDIVISION - NEW TENTATIVE PLAT ##1607
May 6, 2002
Page two
11. Show total width for NW 42 Avenue and reference SDR R/W Plat Book 60, Page 44.
12. Show a proposed 25 -foot corner radius, with curve data, at the Northeast corner of
the proposed plat. Identify the portion of the external area to be dedicated for right-
of-way and provide square footage.
13. The subdivision South and adjacent to NW 2 Terrace is BECKMAN MANORS (39-78), not
REV. PLAT OF ESPERANZA MANORS as shown.
14. State that there are no trees on the property.
15. Show the utilities (lines and structures) in the adjacent streets.
16. Provide ties from the existing buildings to the South and to the West property lines.
17. All encroachments across lot lines must be removed prior to final plat.
18. Check the distance (222.22') along the North line of the proposed plat.
19. Provide a tie to a section or quarter corner.
20. Provide ties from the plat lines to the Southeast and to the Northwest block corners.
21. A plat approval letter from the Florida Department of Transportation is required prior
to the final plat.
22. The opinion of title to be submitted with the final plat must follow the City of Miami
opinion of title form.
23. Describe the specific site development intent on the tentative plat.
24. In the title block, delete the statement "For: Lusan Ordonez" and provide a
sectional/fractional legal description. Also include City of Miami, Miami -Dade County,
Florida.
25. The zoning change and final plat approval shall be done on the same City Commission
agenda as companion items.
In addition to the above requirements, you should be aware of the following:
CAMyDirectory\RESOLUTSIVALLE SUBDIVISION.doc
1cc�g �y
!3Ei-
Mr. Jose Valle
Land 1 (One), ltd.
VALLE SUBDIVISION - NEW TENTATIVE PLAT ¢#1607
May 6, 2002
Page three
1. State and local laws require the installation of various physical improvements in the
public rights-of-way when property is platted. These subdivision improvements
include paving, drainage, landscaping, sidewalks, etc. in some cases this could
represent a substantial investment on your part.
2. The alteration, relocation or installation of utilities such as storm and sanitary sewers,
electric, telephone, water, etc. caused by this plat will be at the property owner's
expense. Also, utility easements may be required on the property being platted.
3. A building permit will not be issued on the property being platted until the final plat
is recorded. Also, the Certificate of Occupancy for any building construction will be
issued only after all the required subdivision improvements have been completed.
4. Approval for fire flow requirements must be obtained from the Fire -Rescue
Department prior to the issuance of a building permit.
5. Additional items must be provided to the City of Miami Department of Public Works
before the final plat is submitted to the City Commission for approval. You will be
notified in writing as to what these items are after the amount of the bond has been
determined for the necessary subdivision improvements.
6. Tentative plat approval is only valid for one (1) year from the date of the Plat and
Street Committee meeting at which time it was approved.
If you .have any questions concerning these requirements, please refer to the attached
sheet for the appropriate person to contact.
Sincerely,
John H. Jacks , P. E.
Chairman, Plat and Street Committee
J HJ/LJ H/rjf
Enclosure: Contact Sheet
C: Juan R. Martinez & Assoc.
8550 W. Flagler Street, Ste. 107
Miami, FL 33144
Plat and Street Committee Members
bc: surveys
Civil Engineering
Central
C:\vfyDirectory\RESOLUTS\VALLE SUBDIVISION.doc 123 0 81
JOHN H. JACKSON. P.E.
Director
May 1, 2002
Mr. Jose Valle
Land 1 (One), Ltd.
7305 SW 107 Avenue
Miami, FL 33173
Dear Mr. Valle.-
REQUEST
alle:
`. fTT nor Tam) .
REQUEST FOR ADJUSTMENT TO THE SUBDIVISION DESIGN STANDARDS-
VALLE SUBDIVISION, NEW TENTATIVE PLAT 71607
CAIOS .�. GL,,t
Circ
I have received your request for an adjustment to the subdivision design standards,
Section 55-11(d) of the City Code, for the "Valle Subdivision", new tentative plat 71607, and
have the following information.
I have consulted with the Assistant Director of the Planning and Zoning Department
concerning an adjustment to permit a zoning district boundary line to divide a proposed
tract of land until such time as the land is rezoned to conform to the platted tract line
and have made the following findings:
1. Since strict compliance to the design standards do not provide a mechanism to
simultaneously plat a new tract and change the zoning, the property owner is
deprived reasonable use of the land.
2. This adjustment is necessary for the applicant to retain reasonable use of the land.
This adjustment will only affect the applicant's property and will not be detrimental
to the public welfare in that the necessary accompanying zoning change will be
effective at the same Commission meeting as final approval of the plat.
4. For the reasons stated above and the configuration of the land, this adjustment will
not burden City services, the ability to provide those services or the public's use of
the adjacent streets.
C:4MyDirec@Udff§d� ,fMXW11t(5RgJItiV:&2nd Avenue/Miami, Florida 33130!(305jett6-1200/Fax:416-2133
Ma�l�ng k Gress: P.O. Box 330708 Miami, Florida 33233-0708
Mr. Jose Valle
Land 1 (One), Ltd.
REQUEST FOR ADJUSTMENT TO THE SUBDIVISION DESIGN STANDARDS-
VALLE SUBDIVISION, NEW TENTATIVE PLAT ,;1607
May 1, 2002
Page two
Based on these findings, I hereby approve an adjustment to the subdivision regulations:
Section 55-11(d) of the City Code, to permit a zoning district boundary line to divide a
proposed tract of land until such time as the land is rezoned to conform to the platted
tract line subject to the condition that the said rezoning and final plat approva! being
done on the same City Commission agenda as companion items.
If you have any questions concerning this matter, please contact me at 305-416-1223.
Sincerely,
John H. Jacks n, P.E.
Supervisor of Plats
Director
JHJ/JRA/UH/rjf
Plat and Street Committee Members
CA1y1yDircctory\R.ESOLUTS\LAS ID 1 (ONE), LTD..doc -
123
Miami Zoning Board
Resolution No.: 2002-0582
Monday, June 03, 2002
Mr. Angel Urquiola offered the following resolution and moved its adoption
Resolution:
AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING ORDINANCE 11000, THE
ZONING BOARD RECOMMENDED APPROVAL TO THE CITY COMMISSION OF THE
CHANGE OF ZONING IN THE OFFICIAL ZONING ATLAS OF ORDINANCE 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, PAGE 32, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, FROM C-1 RESTRICTED
COMMERCIAL TO R-2 TWO-FAMILY RESIDENTIAL FOR THE PROPERTY LOCATED AT
APPROXIMATELY 4230 NORTHWEST 3RD STREET, LEGALLY DESCRIBED AS THE NORTH
109.02 FEET OF THE EAST 3.00 FEET OF THE WEST 99.46 FEET OF TRACT 2A OF
"SECOND REVISED PLAT OF ESPERANZA MANORS" (39-69), PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA; ZONED C-1 RESTRICTED COMMERCIAL.
Upon being seconded by Mr. Allan Shulman,
the motion was passed and adopted by the following vote:
Mr. Fredric B. Bums
Away
Mr. Charles J. Flowers
Yes
Mr. Joseph H. Ganguzza
Yes
Mr. Charles A. Garavaglia
Yes
Ms. Ileana Hemandez-Acosta
Yes
Mr. Humberto J. Pellon
Yes
Mr. Juvenal A. Pina
Yes
Mr. Allan Shulman
Yes
Mr. Angel Urquiola
Yes
Mr. Georges Williams
Yes
AYE:
9
NAY:
0
ABSTENTIONS:
0
NO VOTES:
0
ABSENT:
1
Ms. Fernandez: Motion carries 9-0
r
Te esita L. Fema dez, Executive Sle0etary
Department of Planning and Zoning
Hearing Boards Division
Case No. 2002-0556 Item Nbr: 2
'= -- PLANNING AND ZONING DEPARTMENT
P 0'�.
HEARING BOARDS DIVISION
7 z �Yl:f
444 SW 2"d Avenue, 7t' Floor • Miami, Florida 33130
Telephone 305-416-1480 • Fax 305-416-2035
lots 'f SAIENI isI
~ ` ^ APPLICATION FOR AMENDMENT TO
ZONING ATLAS AND/OR OVERLAY DISTRICT
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.
APPLICANTS ARE RESPONSIBLE, IF NEEDED, TO BRING AN INTERPRETER FOR THE ENGLISH LANGUAGE TO ANY
PRESENTATION BEFORE CITY BOARDS, COMMITTEES AND THE CITY COMMISSION. 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.
THIS APPLICATION MUST BE TYPEWRITTEN AND SIGNED IN BLACK INK. IT WILL BE ACCEPTED BY THIS DIVISION
ONLY THE FIRST SEVEN (7) DAYS OF THE MONTH FROM 8:00 AM UNTIL 3:30 PM.
I, Jose Valle for Land (1) One, Ltd.
hereby apply to the City Commission of the City of Miami for an amendment to the Zoning Atlas
of the City of Miami as more particularly described herein and, in support of that request,
furnish the following information (see Article 22 of the Zoning Ordinance):
1. Address of property: 4230 N .W. 3rd Street, Miami, FL
2. Folio number: 01-4105-015-0020
3. Two 11x17" original surveys prepared by a State of Florida Registered Land Surveyor within
one year from the date of application.
4. Affidavit and disclosure of ownership of subject property and disclosure of interest (see
attached forms).
5. Certified list of owners of real estate within a 500 -foot radius of the outside boundary of the
subject property (see pages 5 and 6).
6. At least two (2) photographs that show the entire property (land and improvements).
7. An 8 'h x11" copy of all exhibits that will be presented at the hearing shall be attached to this
application.
8. Present zoning designation(s): C1
9. Future zoning designation(s): R 2
Rev. 12!06!01 12368
10. Other (specify and attach cover letters explaining why any document you are attaching is
pertinent to this application).
11. Statement explaining why present zoning designation is inappropriate.
Based on the demographics of the surrounding neighborhood
changing the zoning of a small strip of commercial would
maintain the consistency of the surrounding area as
12. Statement as to why proposed zoning designation is appropriate. residential duplexes
See above.
13. Recorded warranty deed and tax forms of the most current year available that show the
present owner(s) of the property.
14. Cost of processing according to the City Code:
Change of zoning classification:
CS, PR, R-1, R-2, per square foot of net lot area
$
.15
Minimum
$
635.00
R-3, R-4, O, G/l, HP per square foot of net lot area
$
.20
Minimum
$
750.00
C-1, C-2, I, per square foot of net lot area
$
.25
Minimum
$
900.00
CBD and all SD's, per square foot of net lot area
$
.30
Minimum
$ 1,000.00
Public hearing and public meeting mail notice fees,
including cost of handling and mailing per notice $ . 3.50
15. What is the purpose of this zoning change? To make our progervy
compatible with the surrounding neighborhood
Rev. 12/06/01
Signature
Name t7 Jose Valle for Land (1) One, Ltd.
Address 7305 SW 107th Avenue
Miami, Florida 33173
Telephone (3 0 5) 447-1196
Date February 28, 2002
2
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was a knowledged before me this 2 day of QA
20 OZ , by .J&3 Q L C who isersE on Ily
known to me or who has produced
as identification and who did (did not) take an oath.
OFFI ANO �'
NOTARY PUBLIC SPATE OF RDPMA
(Stamp) COMMISSION NO. CC794449
MY COMMISSION EXP. DEC. 22M
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
20 by of
a
corporation, on behalf of the corporation. He/She is personally known to me or has
produced as identification and who did (did not) take an oath.
(Stamp)
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Signature
The foregoing instrument was acknowledged before me this day of
20 , by partner (or agent) on
behalf of , a partnership.
He/She is personally known to me or who has produced
as identification and who did (did not) take an oath.
(Stamp)
Rev. 12/06/01
Signature
AFFIDAVIT
Before me, the undersigned authority, this day personally appeared Jose Valle
for Land (1) One, Ltd. , who being by me first deposes and says:
1. That he/she is the owner, or the legal representative of the owner, submitting the
accompanying application for a public hearing as required by the Code of the City of Miami,
Florida, affecting the real property located in the City of Miami, as described and listed on the
foregoing pages of this affidavit and made a part thereof.
2. That all owners which he/she represents, if any, have given their 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 accompanying petition, ❑ including responding to day
to day staff inquires; ❑ not including responding to day to day staff inquiries in which case
he/she should be contacted at
3. That the foregoing pages are made a part of this affidavit contain the current names,
mailing addresses, telephone numbers and legal descriptions for the real property of which
he/she is the owner or legal representative.
4. The facts as represented in the application and documents submitted in
this affidavit are true and correct.
Further Affiant sayeth not.
Jose Valle for Land (1) One, Ltd.
Applicant Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
with
`4,
The foregoing instrument was knowle ed b@f a me his W day ofd 'LAQCe)1
200?- , by J �i 0. of
Cit..
cor oration, on ehalf of the corporation. He/She is personally known to me or has
produced SEA I t�cation who did (did not) tak th.
MARIA O CODOY
NOTARY PUBLIC STATE OF FLORIDA C
COMMISSION NO. CC79"0
(Stamp) MYCOMMISSIONEXP.DEC. Z2002 Sign ture
Rev. 12/05/01p
Owner's Name
Mailing Address
Telephone Number
Legal Description:
Owner's Name
Mailing Address
Telephone Number
Legal Description:
Owners Name
Mailing Address
Telephone Number
Legal Description:
OWNER'S LIST
LAND 1 (ONE) LTD
7305 SW 107 AVE
305 447-1196
A.
Zip Code 33173
Zip Code
Zip Code
Any other real estate property owned individually, joint! , or severally (by corporation,
partnership or privately) within 500 feet of the sul Ject site is fisted as follows:
Street Address Legal Description
? A Q -2*,jQ n1w 42 AVE EE ATTACHED PARCEL -C
292-29Street
NWA42 AVE S E ATTA�IED ARCEL B
Street Address Legal Description
Rev. 12/06/01
4
_ 2368
PARCEL A: T' West 96.46 feet of Tract 2-A of ESI ANZA
N— -HORS, SECOND REVISED PLAT, according to
the Plat thereof as recorded. in Plat Book.39, Page 69
of the Public Records ofMiawi-Dade County, Florida.
Folio #01-4105-015-0020
PARCEL B: The East 150 feet of Tract 2-A, less the East 15 feet
for Road purposes, of ESPERANZA MANORS,
according to the Plat thereof as recorded in Plat Book
39, Page 69, of the Public Records of Miami -Dade
County, Florida.
Folio #01-4105-015-0010
PARCEL C: Lots 3 and 4, ALJEAN TERRACE, a subdivision of
Tract 2, of Second Revised Plat of ESPERANZA
MANORS, NW 1/4 of Section 5, Township 54 South,
Range 40 East, according to the Plat thereof as
recorded in Plat Book 39, Page 75 of the Public
Record of Miami -Dade County, Florida.
Folio 401-4105-01.2-0020
Li
1236S
DISCLOSURE OF OWNERSHIP
1. Legal description and street address of subject real property:
The North 109.02 feet of the East 3.00 feet of the West 99.46 feet of
Tract -2A of "Second Revised Plat of Esperanza Manors" according to the Plat
thereof as records in Plat Book 39 at Page 69 of the Public Records of
Miami -Dade County, Florida.
2. Owner(s) of subject real property and percentage of ownership. Note: The Code of the City
of Miami requires disclosure of all parties having a financial interest, either direct or indirect,
in the subject matter of a presentation, request or petition to the City Commission.
Accordingly, question #2 requires disclosure of shareholders of corporations, beneficiaries
of trusts, and/or any other interested parties, together with their addresses and
proportionate interest. Valle Family Properties, Inc. 2%
Melissa C. Valle 5%
Land (1) One, LTD 100% Nicole M. Valle 5%
Patricia J. Kates 5%
Julia I. Valle 41.5%
Dr. Jose Valle 41.5%
3. Legal description and street address of any real property (a) owned by any party listed in
answer to question #2, and (b) located within 500 feet of the subject real property.
Please see attached for legal description.
Jose Valle for Land (1) One, Ltd.
Owner or Attorney for Owner Name Owner or a or Owner Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was
20 C _ , by
P
corpora " n, on bbhalf 6f'the corporation. He/She
produced as identification
day of Ce11
of
or has
Rev. 12/05/01
12368
03-20-2002 02:13PM FROM -D. JUSTIN NILES, P.A.
?' VA, ' 61111", 1�
ti
To Whom It May Concern:
561-447-0059 T-945 P.002/002 F-701
March 20, 2002
7301-A WEST PALMEPrO PARK ROAD
SUITE 305.0
BOCA PLATON, FLORIDA 33433
(561) 447-9600
TELECOPI ER (561) 447.0059
E-MAIL: DAN M @FL-LAW.NET
Re: Land 1(One), Ltd., a Florida limited partnership (the --Parmership l
I am an attorney licensed to practice law in the State of Florida_ I have examined the
Agreement of Limited Partnership of Land 1(One), Ltd., dated June 16, 1994, and have determined
that Valle F ami I y Prop erries, Inc., aFlorida corporationis the General Parenerofthe aforementioned
Partnership. The General Partner pursuant to Section 13.19, a copy of which is allachod hereto, has
the absolute authority to bind the Partnership in all legal matters. Jose Valle is the President of the
General Partner and in his capacity as such, has the authority to bind the Partnership. If you any
questions regarding the platters set forth herein, please feel free to contact the undersigned. This
letter may be expressly relied upon by any governmental agency pmcessing a variance application
on behalf of the Partnership.
D: Justin
DJN/gft
cc: Land 1 (One)
W:%WPllOCS\T.ETI ERS1Va11e\20021tAND1-genctW-032002.wpd
03-01-2002 02:09PM FROM -D. JUSTIN NILES, P.A. 561-447-0059 -
This Instrument Prepared By,
D. Justin Niles, Esquire
7301-A 'gest Palmetto Park Road
Suite 305-C
Boca Raton, Florida 33433
PARTNERSHIP AFFIDAVIT
State of Florida
County of Miami -Dade
T-770 P.002/002 F-559
13EFORE ME, the undersigned authority, personally appeared JOSE VALLE,
hereinafter referred to as "Affiant", the President of VALLE FAMILY PROPERTIES, INC., the sole
General Partner of LAND 1 (ONE), LTD., a Florida limited Partnership (the "Partnership"), who
deposes and says that:
The sole general partner of Land 1 (One), Ltd. is Valle Family Properties, Inc., a
Florida corporation.
2. Valle Family Properties, Inc. as the sole general partnerhas full power and authority
to execute any and all conveyances and encumbrances, and any other instruments of,
or relating to, or affecting real property owned by the Partnership.
3.
12
The Partnership Agreement for the Partnership remains in full force and effect and
has not been modified and the Partnership has not been diss lved.
Affiant makes this Affidavit in accordance with the provisi ps of Section 6$9.045(3)
of the Florida Statutes, for noticing all persons having b 'ness or dealings with the
Partnership of the matters set forth he
FURTHER AFFIANT SAYS NOT.
State of Florida
County of Miami -bade
The foregoing instrument was sworn to, subscribed and acknowledged before me this 1 day of
March, 2002 by rose Valle, and he has produced his drivers license as identification_
OFFICIAL NOTARYSEAL
MARIA O GODOY
[NOTARY PUBLIC STATE OF FLORIDAM Commissionex ireS:COMMISSION NO. CC794449 - Not Public
Y P MY COMMISSION EXP. DEC. 2,2002
12368
03-01-2002 01:40PM FROWD. JUSTIN NU ES, P.A.
561-447-0059 T-769 P.007/008 F-557
PARTNERSHIP RESOLUTION
I, JOSE VALLE, as secretary of VALLE FAMILY PROPERTIES, INC_, a Florida
corporation, the sole general partner of LAND 1 (ONE), LTD., a Florida limited partnership (the
"Partnership" or "Land 1 "), hereby certify that a meeting duly held on the W day of March, 2002,
of the General Partner of the Partnership,lhe following Resolution was approved unanimously:
RESOLVED, that the Partnership is hereby authorized and directed to execute,
deliver and perform all obligations regarding closing doctnnents in connection with
obtaining financing for that certain real property located at 260-298 NW 42nd Street,
Miami, Florida 33126, from I (the "Bank") to Land
1 (ONE), LTD. ("Land I") in accordance with a Loan Commitment and containing
such terms and conditions, and in form and substance as shall be deemed reasonable
and satisfactory to Land 1, by and through its General Partner is hereby approved and
ratified.
RESOLVED FURTHER, that JOSE VALLE, President and Secretary of VALLE
FAMILY PROPERTIES, INC., sole general partner of Land I is hereby authorized
and directed on behalf of the Partnership to execute and deliver on behalf of the
Partnership, any and all documents and to take such other action on behalf of the
Partnership as JOSE VALLE deems in his sole discretion, necessary or appropriate
to carry out the transactions contemplated by the foregoing resolutions.
EXECUTED this ± day of March, 2002.
UA
By:
LAND 1 (ONE), LTD. "'a Florida limited
p��P
VALLE F ZolelGeneral
ORTIES, INC., a
p'lorida co ora Panner
Jose V4ye, Secretary
(Corporate Seal]
W.\WPDOCS\Vuile\LANDONE\GADen%nl)r+scs\CorporaTtRaioluiion izrv-030102.wpd
1.211368
03-01-2002 01:40PM FROM -D. JUSTIN NILES, P.A. 561-447-0059 T-769 P.005/008 F-557
CERTIFICATE OF CORPORATE
RESOLUTIONS, CORPORATE STATUS AND INCUMBENCY
The undersigned, the Secretary of VALLE FAMILY PROPERTIES, INC., a Florida
corporation (the "Company"), hereby certifies that:
1. The Company is a duly formed, validly existing corporation in good standing
under the laws of the State of Florida, and is the general partner of LAND 1(ONE), LTD., a Florida
Limited partnership ("Land I ").
2. At a special meeting of the shareholders and The board of directors of the
Company duly and regularly held in accordance with its By -Laws on the )!�day of March, 2002,
it was approved unanimously:
RESOLVED, that the President of the Company, acting alone, be and hereby is
authorized to execute and deliver, and the secretary of the Company is hereby
authorized to (but is not required to) affix the seal of the Company to and attest the
same upon, as general partner of Land 1, any and all documents (the "Closing
Documents") necessary to carry out the financing of the Property in accordance with
the terms and provisions of that certain Loan Commitment for property located at
260 - 298 NW 42nd Street, Miami, Florida 33126, between
as Lender and Land 1, as Borrower, but with such modifications and additional
provisions as the officer of the Company executing the same may deem advisable,
and any and all other documents and instruments required in connection with the
execution of the Closing Documents and all supplements and amendments to the
same or to any of the same as the officer of the Company executing the same may
deem advisable, all of which documents and instruments executed and delivered as
aforesaid to be and constitute the acts and obligations of the Company, the Company
hereby ratifying and confirming the acts of its officer executing and delivering all of
such documents and instruments, irrespective of whether such acts were performed
before or subsequent to the date ofthe adoption hereof, and directing the officers and
employees of the Company to perform all of the Company's pbligations and
undertakings under each and all such documents and instruments.
3. The following are duly elected or appointed to the offices opthe Company set
forth opposite their respective names and are incumbent in such offices as of a hereof, and the
signatures appearing opposite their respective names are the genuine sign of such persons:
NAME TITLE
JOSE VALLE President and Secretary
W: \WPDOCS\vaIiNLANAONE\GADenterpnses\Corpora[eP,esolu tionsRev-030102.wpd
.. 236on'
03-01-2002 01:40PM FROM -D. JUSTIN 14"FS, P.A. 561-447-0059 T-769 P.006/008 F-557
IN WITNESS WHEREOF, the undersigned has hereunto
Company's corporate seal this I q day of March, 2002. ,
1
The undersigned, the President of the Company,
is the Secretary of the Company.
The undersigned, the Secretary of the Company
is the President of the Company.
State of Florida
County of Miami -Dade
and affixed the
President
(Corporate Seal)
that JOSE VALLE
President
that JOSE VALLE
Secretary
The foregoing Certificate was sworn to, subscribed and acknowledged before me this P� day of
March, 2002 by JOSE VALLE, Secretary of VALLE FAMILY PROPERTIES, INC., on behalf of
the corporation, who M is personally known to me [ ] who has produced his drivers license as
identification. OFFIC:—N OTARYSEALMAOGODOY
NOTARY PUC STATE OF RDRIDA
COMMON NO. CC794449 'MY COMION EXP. DEC. 2,2002
- Notary P lic
My Commission Expires_
W:IWPDOCSkVallett.AWDONBGADrnte"=\CoipomwResoluuonsRev-030102.wpd
12368
01-23-2001 13:29 FROM -1). JUSTIN NOES. P.A.
This dwumeat prepared by
Garth A. Webster, Esq.
Walton Lantaff Schroeder & Carson
9350 FinancW Center - 10`2'Floor
9350 South Dixie Highway
Miami, Florida 33156
TeL:305-671-1349
581-447-OD59 T-523 P.002/004 F-818
REG 19446 PG Z84T.
WA LEANTY DEED
01.RO17239 2001 JAN 11 11:08
DOCSTPDE£ 4Y800.00 Si3RTX 3,600.00
HARVEY RUVINY CLERK DADE COUNITYP FL
THIS INDENTURE; made this 9f_1) day of January, 2001, GAD ENTERPRISES, a
Florida general partnership, Garth A. Webster, David K. Tharp and Andrew L. Richard, Jr., as
general partners, with an address of 9350 Financial Center, 10'Floor, 9350 Sbuth Dixie Tlighway,
Miami, Florida 33156, of the County of Miami -Dade, State of Florida, Grantors, parties of the first
part and LAND 1 (One) Ltd., a Florida limited partnership, Grantee, party of the second part, with
an address of .3200 Ponce de Leon Boulevard, Second Floor, Coral Gables, County ofMiatni-Dade,
Florida 33134.
WITNESSETH, that said Grantors, for and in consideration of the sum of TEN DOLLARS
($10.00) and other good and valuable considerations in hand paid by said Grantee to said Grantors,
the receipt whereof is hereby acknowledged, have granted, bargained and sold to the said Grantee,
and Grantee's successors and assigns forever, the following -described land, situated, lying and being
in Miami -Dade County, Florida, to wit:
PARCEL A: The West 96.46 feet of Tract 2-A of ESPERANZA
MANORS, SECOND REVISED PLAT, according to
the Plat thereof as recorded in Plat Book 39, Page 69
ofthe Public Records ofMiami=Dade County, Florida.
Folio #01-4106-015-0020
PARCEL B: The East 15C feet of Tract 2-A, less the East 15 feet
for Road purposes, of ESPERANZA MANORS,
according to the Plat thereof as recorded in Plat Book
39, Page 69, of the Public Records of Miami -Dade
County, Florida.
Folio #01-4105-015-0010
PARCEL C: Lots 3 and 4, ALJEAN TERRACE, a subdivision of
Tract 2, of Second Revised plat of ESPERANZA
MANORS, NW 1/4 of Section 5, Township 54 South,
Range 40 East, according to the Plat thereof as
recorded in Plat Book 39, Page 75 of the Public
Record of Miami -Dade County, Florida.
Folio #01-4105-012-0020
12368 �;
I-23-2001 13:30 FROM -D. JUSTIN NRPS, P.A.
SUBJECT TO
561-447-0059
T-523 P.003/004 F -M
Conditions, restrictions, limitations and easements of record, if any: without reimposing the
same;
2. Taxes for the year 2001 and subsequent years.
And said Grantors do hereby fully warrant the title to said land, and will defend the same against the
lawful claims of all pennons whomsoever.
IN WITNESS WHEREOF, Grantors have hereunto set Grantors' hands_ and seals the day
and year first above written.
Signed, sealed and delivered
in our presence as to all Grantors:
STATE OF FLORIDA )
) SS:
COUNTY OF MIAM-DADS )
GAD ENTERPRISES, A Florida
General, Partpership
ray
Garth A. Webster
As General Partner
SLIL:f_4
David K. Tharp
As General Partner
Andrew L. Richard, Jr.
As General Partner_
I hereby certify -that on this day of JANUARY, 2001, personally appeared before
me, an officer duly authorized to administer oaths and take acknowledgments, Garth A. Webster,
llWuid-i Andrew L. Richard, Jr., as General Partners of GAD ENTERPRISES, who are
personally known toque or produced as identification,
man o s`in the foregoing deed and they acknowledged executing the same and did not take
an oath.
12 t
3
O1 -Z3-2001 13:30 FR01+-D. JUSTIN MMES, P.A. 561-447-0059 T-523 P_004/004 F -M
REC ► 01+40 PC L?j4y
,
Witness my hand and. ofcial seal in the County and State last aforesaid this
January, 2001.
'g my comfassm 0 CCBS12M 50FES
*' Sevc� rnbg� 2$ amt
ARM
Q'
BONDED TNRUTPM FI►�J4�.ItT.
h't;;Ch
NOTAR
At Large
Print or tyO name
r
Commission Number
_k/ o
My Commission Expires
McaWr-*M..v oFFCA%L eocas
oFauEcM*n-. aomk
REC0R0 VERfcleo
HARVEY RUVIN
CLERK CIRCUIT COW)-
P$I