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Home My WebLink AboutO-12027e � • rJ / tr J-00-1024 11/28/00 1202' ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 3601 BIRD ROAD (A/K/A 2974 SOUTHWEST 36TH AVENUE), MIAMI FLORIDA, FROM "RESIDENTIAL DUPLEX" TO "GENERAL COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning Advisory Board, at its meeting of November 15, 2000, Item No. 2, following an advertised hearing,. adopted Resolution No. PAB 66-00, by a vote of seven to zero (7-0), RECOMMENDING APPROVAL of an amendment to the Future Land Use Map of Ordinance No. 10544, as amended, the Miami Comprehensive Neighborhood Plan 1989-2000, 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 Miami Comprehensive Plan change as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: - 12021 �J Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Future Land Use Map of Ordinance No. 10544, as amended, the Miami Comprehensive Neighborhood Plan 1989-2000, is hereby amended by changing the land use designation from "Residential Duplex" to "General Commercial" for the properties located at approximately 3601 Bird Road (a/k/a 2974 Southwest 36th Avenue), Miami, Florida, more particularly described as Lots 11 and 24, Block 14, OVERBROOK PARK SUBDIVISION (3-206), of the Public Records of Miami -Dade County, Florida. Section 3. It is hereby found that this Comprehensive Plan designation change: (a) Is necessary due to changed or changing conditions; (b) Involves a residential land use of 10 acres or less and a density of less than 10 units per acre or involves other land use categories, singularly or in combination with residential use, of 10 acres or less and does not, in combination with other changes during the last year, produce a cumulative effect of having changed more than 60 acres through the use of "Small Scale Development" procedures; (c) Is one which involves property that has not been the specific subject of a Comprehensive Neighborhood Plan change within the prior twelve months; (d) Is one which does not involve the same owner's property within 200 feet of the property that has been granted a Comprehensive Neighborhood Plan change within the prior twelve months; Page 2 of 4 12027 (e) The proposed amendment does not involve a text change to goals, policies, and objectives of the local government's Comprehensive Neighborhood Plan, but proposed a land use change to the future land use map for a site-specific development; and (f) Is one which is not located within an area of critical state concern. Section 4. The City Manager is hereby directed to instruct the Director of the Department of Planning and Zoning to immediately transmit a certified copy of this Ordinance and the public notice published after its adoption on second reading to: the Secretary, Florida Department of Community Affairs; the Executive Director, South Florida Regional Planning Council, Hollywood, Florida; the Executive Director, South Florida Water Management District, West Palm Beach, Florida; the Secretary, Department of Transportation, Tallahassee, Florida; and the Executive Director, Department of Environmental Protection, Tallahassee, Florida. Section 5. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 6. 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 7. This Ordinance shall become effective thirty - Page 3 of 4 1202 1 J • one (31) days after second reading and adoption thereof pursuant and subject to §163.3187(3)(c), Fla. Stat. (1999).1 PASSED ON FIRST READING BY TITLE ONLY this 25th day of January 2000. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 22nd day of February , 2001. JOE CAROLLO, MAYOR In accordance with MiNT11 Gods Sec. 2-86, since the this legislation by signing it in the designated pia becomes effective with the elapse o ,'jn(�r, ys fA ATTEST: regarding Sartre. Without the Mayor E;;er sinr v LLO CITY ATZORNEY W9 7ff'1-G SIM : mea : BS S did C,-+ PA'!�r'I4.°M4�� o the data of lerk 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. Page 4 of 4 12027 PZ -6 SECOND READING PLANNING FACT SHEET APPLICANT Gilberto Pastoriza, Esq. for Deel Realty,lnc. HEARING DATE November 15, 2000. REQUEST/LOCATION Amendment to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan Map. LEGAL DESCRIPTION Complete legal description on file at the Hearing Boards Office. PETITION Consideration of amending Ordinance 10544, as amended, the Miami Comprehensive Neighborhood Plan 1989-2000 (MCNP) by amending the Future Land Use Map by changing the land use designation for the property located at approximately 3601 Bird Road (aka 2974 SW 3e Avenue) from "Duplex Residential" to "General Commercial". PLANNING Approval. RECOMMENDATION BACKGROUND AND Please see attached analysis. ANALYSIS PLANNING ADVISORY BOARD Approval VOTE: 7-0 CITY COMMISSION Passed First Reading on January 25, 2001. APPLICATION NUMBER 2000-064 Item #2 CITY OF MIAMI - PLANNING DEPARTMENT 444 SW 2N0 AVENUE, 3R0 FLOOR - MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 Inn+o- 1 I Amn Paae 1 12027 • C ANALYSIS FOR LAND USE CHANGE REQUEST Approximately 3601 Bird Road (aka 2974 SW 36th Avenue). Application LU No. 00-24. DISCUSSION The proposal has been reviewed for a change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan 1989-2000 from "Duplex Residential' to "General Commercial'. The subject property consists of a 0.32 acre parcel, Lots 11 and 24 on Block 14, OVERBROOK PARK SUBDIVISION (3- 206). Miami Comprehensive Neighborhood Plan (MCNP) Land Use Policy 1.6.1., established future land use categories according to the Future Land Use Plan Map and the "Interpretation of the Future Land Use Plan Map". The subject property is currently designated "Duplex Residential' and the same designation is immediately to the north, east and west; immediately to the south, the designation is "General Commercial'. The Duplex Residential land use category allows residential structure 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. Other permissible land uses include community-based _ residential facilities (14 clients or less, not including drug, alcohol or correctional rehabilitation facilities); places of worship, child care centers and adult day care centers and primary and secondary schools are also permissible in suitable locations within this land use designation. The General Commercial designation allows all activities included in the "Office" and the "Restricted Commercial' designations (with the exception of permanent living facilities but including rescue missions), as well as wholesaling and distribution activities that generally. serve the needs of other businesses; generally require on and off loading facilities; and benefit from close proximity to industrial areas. These commercial activities include retailing of second hand items, automotive repair services, new and used vehicle sales, parking lots and garages, heavy equipment sales and service, building material sales and storage, wholesaling, warehousing, distribution and transport related services, light manufacturing and assembly and other activities whose scale of operation and land use impacts are similar to those uses described above. This category also allows commercial marinas and living quarters on vessels for transients. 12027 The Planning and Zoning' Department is recommending APPROVAL of the application as presented based on the following findings: • It is found that immediately adjacent to the south, the area is designated" General Commercial' and is under the same ownership as the subject properties. • It is found that the Land Use designation boundary line. which separates the "Residential Duplex" from the "General Commercial' designation divides the. entire property, thus rendering it difficult to develop in a cohesive manner. • It is found that the requested change is a logical extension that brings the property into only one designation that will give direct access to Bird Road to the subject properties. •' It is found., that this application is supported by MCNP Objective LU -1.3 which requires the City to encourage commercial development within existing commercial areas. These findings support the position that the existing land use pattern in this area in this area should be'changed. It also should be stated, that. MCNP Land Use Policy 1.1.1. requires development or redevelopment, that results in an increase in density or intensity of land use, to be contingent upon availability of public facilities and services that meet or exceed the minimum LOS standards adopted in the Capital Improvement Element (CIE) (CIE, Policy 1.2.3.). It is found that the attached Concurrency Management Analysis pertaining to concurrency demonstrates that no levels of service would be reduced below minimum levels. _ 12027 CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT Proposal No. 00-24 IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP Date: 10/27/00 WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION CONCURRENCY ANALYSIS Applicant: Deel Realty RECREATION AND OPEN SPACE Address: 3601 Bird Rd. Population Increment, Residents 109 Space Requirement, acres 0.14 Boundary Struts: North: East: cx;,ass Capacity Before Change 182.80 South: West: Excess Capacity After Change 182.66 Proposed Change: From: Duplex Residential Concurrency Checkoff OK To: General Commercial Existing Designation, Maximum Land Use Intensity POTABLE WATER TRANSMISSION Residential 0.32 acres @ 18 DU/acre 6 DU's Population increment, Residents 109 Peak Hour Person -Trip Generation, Residential 8 Transmission Requirement, gpd 24,317 Other 0 sq.fte 0 FAR 0 sq.fL Excess Capacity Before Change >2% above demand Peak Hour Person -Trip Generation, Other 0 Excess Ca After Chane Capacity 9 >2% above demand Concurrency Checkoff OK Proposed Designation, Maxiou rn Land Use intensity Residential 0.32 acres Q 150 DU/acre 48 DU's SANITARY SEWER TRANSMISSION Peak Hour Person -Trip Generation, Residential 24 Population Increment, Residents 109 Other . 0 sq.fLa 0 FAR 0 sq.ft Transmission Requirement, gpd 20,083 Peak Hour Person -Trip Generation, Other 0 Excess Capacity Before Change See Note 1. Excess Capacity After Change See Note 1. Net Increment With Proposed Change: .Concurrency Checkoff WASH Permit Required Population 109 Dwelling Units 42 STORM SEWER CAPACITY Peak Hour Person -Trips 16 Exfiltration System Before Change On-site Exfiltration System After Change On-site Planning District SW Coconut Grove Concurrency Checkoff OK County Wastewater Collection Zone 310 Drainage Subcatchmertt Basin S2 SOLID WASTE COLLECTION Solid Waste Collection Route 43 Population Increment, Residents 109 Transportation Corridor Name S. Dixie Solid Waste Generation, tons/year 139 Excess Capacity Before Change 500 RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Excess Capacity After Change 361 Concurrency Checkoff OK Land Use Policy 1.1.1 CIE Policy 1.2.3 TRAFFIC CIRCULATION Population Increment, Residents 109 Peak -Hour Person -Trip Generation 16 LOS Before Change C LOS After Change C Concurrency Checkoff OK NOTES ASSUMPTIONS AND COMMENTS 1. Permit for sanitary sewer connection must be issued by Population increment is assumed to be W new residents. Peak-Qe"Otl trip Metro -Dade Water and Sewer Authority Department (VIIASA). generation 4s based an ITE Trip Generation, 8th Edition at 1.4 ppv average occupancy for private passenger vehicles. Transportation Corridor eapadtbs and Excess capacity, if any, is currently not known LOS are from Table PT -2(R1). Transportation Corridors report. Potable water and wastewater transr"sio t capacities are in accordance with Metro -Dade County stated capacities and aro assumed correct Senke connections to water and sewer mans are assumed to be of adequate size: if not. new connections aro to be installed at owner's expense. Recreation/Open Space acreage requrenlents aro assumed with proposed change made. -- ru 1 m n3/1'i/Q 12027 RESOLUTION PAB -66-00 A RESOLUTION RECOMMENDING APPROVAL OF A CONSIDERATION TO AMEND ORDINANCE 10544, AS AMENDED, THE CITY OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, BY AMENDING THE FUTURE LAND USE MAP, BY CHANGING THE LAND USE DESIGNATION FOR THE PROPERTY LOCATED AT APPROXIMATELY 3601 BIRD ROAD FROM "DUPLEX RESIDENTIAL" TO "GENERAL COMMERCIAL". HEARING DATE: November 15, 2000 ITEM NO.: 2 VOTE: 7-0 ATTEST Z- Gelabert-Sanchez, DiredwW Planning and Zoning Department 12027 7 io CITY OF MIAMI OFFICE OF HEARING BOARDS 00'02 APPLICATION TO AMEND THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN ;sfflaflraa#f###a##iai#####as##*#a####aa###a##aa##eii+ei##iii###iiaaaiia##ai#a######faf##iatelf#'f SECTION 2-653 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, GENERALLY. REQUIRES 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. ##as#ea##a###ilii#aa#ii####aa##iai##iai#aiiiii#i#ilii#iiai#iiiiaaa##ia*#ii###*iia##a#ae#rrfrfe## NOTE: THIS APPLICATION MUST BE TYPEWRITTEN AND SIGNED IN BLACK INK. Section 62-32 of the Code of the City of Miami, Periodic review of the adopted comprehensive plan and adoption of evaluation and appraisal report reads as follows: (a) Periodically, but not less often than once in five years or more often than once in two years, the comprehensive plan shall be reviewed, evaluated and appraised by the planning advisory board to determine whether changes in the amount, kind or direction of development and. growth of the city or area thereof, or other reasons, make it necessary or beneficial to make additions or amendments to the comprehensive plan. The building and zoning department shall prepare an evaluation and appraisal report for the planning advisory board which shall evaluate the comprehensive plan pertaining to the major problems of development, physical deterioration and the location of land uses and the social and economic effects of such uses; the status of each element of the comprehensive plan; the objectives of the comprehensive plan compared to actual results and the extent to which unanticipated and unforeseen problems and opportunities occurred; all as compared between the date of adoption and the date of the report. The report shall suggest that changes needed to update .the comprehensive plan including reformulated objectives, policies and standards. (b) The planning advisory board may recommend the report as presented, modify the report or reject the report in duly noticed public hearing pursuant to the procedures in Section 62-31. (c) The city commission shall adopt, or adopt with changes. the report or portions thereof by resolution in public hearing within 90. days after the planning advisory board date of recommendation. The city commission shall thereafter amend the comprehensive plan based on the recommendation in the evaluation and appraisal report. Adoption of the report and recommended amendments to the plan may be made simultaneously pursuant to section 62-3 1 or if not simultaneous, the evaluation and appraisal report shall contain a schedule for adoption of the recommended amendments within one year. See also Article 22 of the Zoning Ordinance. 1202` Fee of S . 650.00 to apply toward the -cost of processing, according to Section 6.=,166 0f :az Zoning Ordinance: Conservation, recreation, residential single-family duple.......................S 300:00 Residential medium density multifamily.............................................S 460.00 Residential high density multifamily, office, major public facilities, transportation/utilities..................... .............S »0.00 Commercial/restricted, commercial/general and industrial............; .. ..S 660.00 ...................:::......................:....... . ..:...........S 1,2.00 00 „ .. Commercial (CBD) , . Surcharge for adverting each item..:..... ... . ....................:................. ...S 1 100 00 , Public hearing mail notice fees, including cost of handling and mailing,per notice ..................... .............. ........................5 3.50 This petition is proposed by: ( )City Commission ( ). Building and Zoning Department: ( ) Zoning Board (�9 Other (Please specify): Gilberto Pastoriza, 'Esq.. 6n.behalf of Deel . Realt �. LLC , a Delaware, LLC' The subject, pnlerty-is located at 3601 Bird Road' Miami, L F(1LF� a a .5a) 3b AvE till I' Folio number 01-4116'-019-1130 and 01 -416 -019 -1040 - AND MORE PARTICULARLY DESCRIBED AS: . w Lot(s) 11 and 24 Block(s) 14 Subdivision Ove'rbrook Park at PB 3, PG 206 of the Public Records of Miami—Dade County, Florida The undersigned being the owner or the representative of the owner, 'of the subject'propem+ do(es) respect WIv.re-Lest the approval of the City of Miami for the following amendments) tothe Miami Comprehensive-Neighboraeod Ptah for the above-described properry as indicated in the Land'Use'Plan: .FROM: Duplex Residential (R-2)' 120 2,7 0 TO: General Commercial (C-2) Please supply a statement indicating why you think the existing plan designation is inappropriate: See attached letter of intent Please supply a statement justifying your request to change the plan to your requested plan designation. See attached letter of intent What is the acreage of the property being requested for a change in plan designation? .32 Acres Has the designation of this property been changed in the last year? No Do you own any other property within 200 feet of the subject property? Yes If yes, has this other property been granted a change in plan designation within the last twelve months? No Have you made a companion application for a change of zoning for the subject property with the Planning and Zoning Boards Administration Department? Yes 12027 Have you filed with the Planning and Zoning Boards Administration Department: Affidavit of ownership? Yes List of owners of property within 375 feet of the subject property? Yes Disclosure of ownership - form? Yes If not, please supply 1:--Signq� WE S TA HE PAS RIZA b DE P.A. B Name Gilberto Pastoriza Address 2665.South Bayshore Drive Fourth Floor Miami, Florida 33133 .Telephone (305) 854-0800 Date 10/04/00 STATE OF FLORIDA COUNTY OF DADE The foregoing instrume�s acknowledged before me this day of �by who is�on_aliv knownto me or who has produced as identification and who did (did not take an oath. Name: Notary Pu - PUUXsriv Commissi ATEOF ft No. cc My Com EMSE STATE OF FLORIDA COUNTY OF DADE The foregoing instrument was acknowledged before me this day of 199 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. Name: Notary Public -State of Florida Commission No.: My Commission Expires: STATE OF FLORIDA COL.N'TY OF DADE The foregoing instrument was acknowledged before me this day of 19 , 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 Name: Notary Public -State of Florida Commission No.: My Commission Expires: 120027 W*SS SEROTA HELAAN PASTORIZA & GUEDES, P.A. ATTORNEYS AT LAW BROWARD OFFICE THOMAS J. ANSBRO* 3111 STIRLING ROAD, SUITE B LILLIAN ARANGO DE LA HOZ* FORT LAUDERDALE, FLORIDA 33312 ALISON S. BIELER TELEPHONE (954) 763-4242 • TELECOPIER (954) 764-7770 MITCHELL A. BIERMAN MITCHELL J. BURNSTEIN - *OF CO NSELber S, 2000 VIA HAND DELIVERY Ms. Teresita Fernandez Hearing Boards City of Miami -Dade County 444 S.W. 2nd Avenue Miami, Florida 33131 ELAINE M. COHEN DOUGLAS R. GONZALES GERALD T. HEFFERNAN JOHN R. HERIN, JR. CHRISTOPHER F. KURTZ PETER A. LICHTMAN KAREN LIEBERMAN* BERNARD S. MANDLER' MARIE E. MATO GARY I. RESNICK NANCY RUBIN' GAIL D. SEROTA* ARI C. SHAPIRO JEFFREY P. SHEFFEL NANCY E. STROUD* SUSAN L. TREVARTHEN DANIEL A. WEISS' Re: Applications to Amend the Miami Comprehensive Neighborhood Plan (the."Plan") and Zoning Atlas and/o9r Overlay District (the "Atlas") I Dear Ms. Fernandez: Our firm represents .Deel Realty, Inc., a Delaware corporation ("Deel") who is the owner of the property legally described as Lots 11 and -24, Block 14, of Overbrook Park, according to the Plat thereof, as recorded in Plat Book 3, Page 206, of the Public Records of Miami -Dade County, Florida (the "Property"). The Property is currently designated Duplex Residential in the Plan and zoned R-2 in the Atlas. Deel is requesting an amendment to the Plan to have the Property re -designated General Commercial and an amendment to the Atlas to have the Property re -zoned to C-2 (the "Request"). The Property is .32 acres. It is part of a larger unified tract as shown on the attached Exhibit "A" (the "Overall Tract"). The balance of the Overall Tract, excluding the Property is designated General Commercial in the Plan and is zoned C-2 in the Atlas. This request will, eliminate the dual designations and zoning districts. . The Overall Tract is one of various dealerships owned by Deel in the immediate vicinity. The Overall Tract is currently the home of Deel SAAB. Deel Volvo is located across the street to the south at 3150 Bird Road (the "Volvo Location") and the Dee] Volkswagen is located across the avenue to the west at 3673 Bird Road (the "VW Location"). 12027 MIAMI-DADE OFFICE NINA L. BONISKE JAMIE ALAN COLE 2665 SOUTH BAYSHORE DRIVE EDWARD G. GUEDES SUITE 420 STEPHEN J. HELFMAN MIAMI, FLORIDA 33133 GILBERTO PASTORIZA JOSEPH H. SEROTA RICHARD JAY WEISS DAVID M. WOLPIN TELEPHONE (305) 854-0800 STEVEN W. ZELKOWITZ TELECOPIER (305) 854-2323 W W W. WS H -F LALAW. CO M BROWARD OFFICE THOMAS J. ANSBRO* 3111 STIRLING ROAD, SUITE B LILLIAN ARANGO DE LA HOZ* FORT LAUDERDALE, FLORIDA 33312 ALISON S. BIELER TELEPHONE (954) 763-4242 • TELECOPIER (954) 764-7770 MITCHELL A. BIERMAN MITCHELL J. BURNSTEIN - *OF CO NSELber S, 2000 VIA HAND DELIVERY Ms. Teresita Fernandez Hearing Boards City of Miami -Dade County 444 S.W. 2nd Avenue Miami, Florida 33131 ELAINE M. COHEN DOUGLAS R. GONZALES GERALD T. HEFFERNAN JOHN R. HERIN, JR. CHRISTOPHER F. KURTZ PETER A. LICHTMAN KAREN LIEBERMAN* BERNARD S. MANDLER' MARIE E. MATO GARY I. RESNICK NANCY RUBIN' GAIL D. SEROTA* ARI C. SHAPIRO JEFFREY P. SHEFFEL NANCY E. STROUD* SUSAN L. TREVARTHEN DANIEL A. WEISS' Re: Applications to Amend the Miami Comprehensive Neighborhood Plan (the."Plan") and Zoning Atlas and/o9r Overlay District (the "Atlas") I Dear Ms. Fernandez: Our firm represents .Deel Realty, Inc., a Delaware corporation ("Deel") who is the owner of the property legally described as Lots 11 and -24, Block 14, of Overbrook Park, according to the Plat thereof, as recorded in Plat Book 3, Page 206, of the Public Records of Miami -Dade County, Florida (the "Property"). The Property is currently designated Duplex Residential in the Plan and zoned R-2 in the Atlas. Deel is requesting an amendment to the Plan to have the Property re -designated General Commercial and an amendment to the Atlas to have the Property re -zoned to C-2 (the "Request"). The Property is .32 acres. It is part of a larger unified tract as shown on the attached Exhibit "A" (the "Overall Tract"). The balance of the Overall Tract, excluding the Property is designated General Commercial in the Plan and is zoned C-2 in the Atlas. This request will, eliminate the dual designations and zoning districts. . The Overall Tract is one of various dealerships owned by Deel in the immediate vicinity. The Overall Tract is currently the home of Deel SAAB. Deel Volvo is located across the street to the south at 3150 Bird Road (the "Volvo Location") and the Dee] Volkswagen is located across the avenue to the west at 3673 Bird Road (the "VW Location"). 12027 Ll Ms. Teresita Fernandez October 5, 2000 Page 2 ... In order to meet the increase demand for Volkswagen vehicles, Deel would like to build a new state of the arts Volkswagen dealership in the Overall Property and transfer the SAAB dealership to the existing VW Location across the street (the "Transfer"). The Transfer will not create any additional .impacts on the residential properties to the north since at this time the Property is grandfathered for dealership use. In fact, a large portion of the building which houses the SAAB dealership is located on the Property, together with other activities associated with the dealership, see attached Exhibit "A." Deel could continue to operate the .dealership as it currently exists. Unfortunately, the construction of a new dealership destroys the grandfathering and requires this Request. It is important to point out that if this .Request is granted the Overall Property will only .be used as a sales center. since all maintenance and repair work will be done across the street at the Volvo Location. For the reasons outlined below, we believe the request is justified consistent with the Plan and compatible with the area. The depth of the Overall Tract excluding the Property is only 100 feet which makes it impossible to design a new functional and efficient sales center. If this request is granted Deel's intends to construct a dealership similar to the attached Exhibit "B. " This new facility will be designed to provide a greater buffer from the residential properties to the north since the building will be set back at a greater distance than the building which is currently existing. Further buffering will be accomplish by the- construction of a 6 feet masonry wall and landscaping, see attached Exhibit "B." Traffic to the SW 36 court will be further curtailed by the elimination of the driveway connection closest to the residential properties. We look forward to your favorable review and recommendations of this request. Please contact me if you have any questions or require additional information. GP/ms 547002 Attachment cc: Dan O'Malley V Gilberto Pastoriza WEISS SEEOTA HELFMAN 12027 PASTORIZA & GUEDES, P.A. w*SS SEAOTA HELFAN PASTORIZA & GUED'ES, P.A. ATTORNEYS AT LAW NINA L. BONISKE � MIAMI-DADE OFFICE � JAMIE ALAN COLE 2665 SOUTH BAYSHORE DRIVE ELAINE M. COHEN DOUGLAS R. GONZALES EDWARD G. GUEDES SUITE 420 GERALD T. HEFFERNAN STEPHEN J. HELFMANGILBE TO MIAMI, FLORIDA 33133 JOHN R. HERIN, JR. CHRISTOPHER F. KURTZ JOSEPH JOSEPH H. SEROTA RICHARD JAY WEI55 Y WETS PETER A. LICHTMAN KAREN LIEBERMAN* DAVID M. WOLPIN TELEPHONE (305) 854-0800 BERNARD S. MANDLER' STEVEN W.ZELKOWITZ TELECOPIER (305) 854-2323 MARIE E. MATO - WWW.WSH-FLALAW.COM GARY I. RESNICK BROWARD OFFICE NANCY RUBIN' THOMAS J. ANSBROO 3111 STIRLING ROAD, SUITE B GAIL D, SEROTA' SERO LILLIAN ARANGO DE LA HOZ* FORT LAUDERDALE, FLORIDA 33312 ARI C.. O ALISON S. BIELER TELEPHONE (954) 763-4242 • TELECOPIER (954) 764-7770 JEFFREY P. SHEFFEL MITCHELL A. BIERMAN NANCY E. STROUD* SUSAN L. TREVARTHEN MITCHELL J. BURNSTEIN *OF COUNSEL - DANIEL A. WEISS' October 26, 2000 VIA HAND DELIVERY Ms. Maria Farias Hearing Boards City of Miami -Dade County 444 S.W. 2nd Avenue - Miami, Florida 33131 Re: Revision of Applications to Amend the Miami Comprehensive Neighborhood Plan and Zoning Atlas and/or Overlay District to reflect current ownership Dear Ms. Farias: Pursuant to our conversation at the time of filing the above referenced applications, I have investigated the corporate ownership as well as the company's status in Florida. This investigation has revealed that the current owner of the property is in fact Deel Realty, LLC, a Delaware Limited Liability Company instead of Deel Realty, Inc. as described in the initial application. As described in the attached documentation from the, state of Florida,-Deel Realty, Inc., a Florida corporation, merged with Deel Realty, Inc., a Delaware corporation, in April 2000. Also attached is documentation from the state of Delaware that shows that the surviving Delaware corporation merged with Deel Realty, LLC in August 2000., ; The surviving company of this second merger is Deel Realty, LLC, Consequently, we wish to revise the application by replacing all references to Deel Realty, Inc. with the correct name of Deel Realty, LLC. This will more accurately reflect the current ownership of the property. - . In addition please find the requested check for $770 for the notice to owners. 12027 Ms. Maria Farias October 26, 2000 Page 2 Please contact me if you have any questions or require additional information. Very truly yours Tony Recio Attachment WEISS SEROTA HEEFMAN 1202 PASTORIZA & GUEDES, P.A. • STATE OF FLORIDA } } SS COLINTY OF DADE ) AFFIDAVIT Before me, the undersigned authority, this day personally appeared GILBERTO PASTORI ZA who being by me first duly sworn, upon oath, deposes and says: 1. That hehhe-is the-owier-,eF4e legal representative of the owner, submitting the accompanying application for a public hearing as required by the Zoning Ordinance of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and Iisted on the pages attached to 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 himfher 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. 3. That the pages attached hereto and 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 conjunction with this affidavit are true and correct Further Affiant sayeth not. STATE OF FLORIDA COUNTY OF DADE A pplicant's Si afore Gilberto fastori , The foregoing in ment `asa�cknow edged before me this day of Gy � `�'�-S z�= who is personally known to me or who has produced as idents nation and who did (di —noq take an oath. Name: Notary Public -State of loridKvAFR1 nvsoMODEvrt. A Commission No.: NOTARY COMMESION No. CC8&m PUUXSPATEOFFLMMA My Commission Expir MYComm 1, ExP. S£?T t3 12027 OWNER'S LIST Owner's Name Deel Realty -L1 . , . a Delaware corporation C/o .: Gilberto Fastoriza Mailing Address 2665 S. Bayshore 'Drive, 4th FL, Miami,, FL 33133 —zip Code Telephone Number 305) 854-0800 Legal Description: Lots 11 and 2,4 Blk 14 of Overbrook " Park`,. according to the Plat thereof, recorded in Plat Book 3, Page 206 of.the Public Records of Miami—Dad County ,.. FL Owner's Name Mailing Address Zip Code Telephone -Number ' Legal Description: Owner's Name Mailing Address Zip Code . Telephone Number Legal Description: Any other real estate property owned, individually, jointly,'br severally (by corporation, partnership or privately) within 375 feet of the subject site is listed.as follows: Street Address .. LegaI Description- escriptionSee Seeattached Exhibit Street Address Legal Description Street Address Legal Description DISCLOSURE OF OWNERSHI� Legal description and street address of subject real property: Lots 11 and 24, Block 14 of Overbrook Park, according to the Plat thereof, recorded in Plat Book 3, Page 206 of the Public Records of Miami—Dade County, Florida Owner(s) of subject real property, and percentage of ownership. Note: Section 2-618 of the Code of the City or 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. Deel Realty, LLC, a Delaware LLC whose shareholders are Carlos Bellosta 570, Jose Bellosta 28% and Dan O'Malley 15% Legal description and street address of any real property (a) owned by any party listed in answer to question #2, and (b) located within 375 feet of the subject real property. See attached Exhibit."A" STATE OF FLORIDA COUNTY OF DADE The foregoin instrument wa%- nowledged before me this �-- day of �y L��-� ` ��st' Z�_ who is a me or who has produced as identification and who did (did not) take an oath. Name: U Notary Public- Commission M YNSOMODFVVA My Commissi n . ami A M7.'V'33 12027 Exhibit Applicant also owns the following properties within 375 ft: (1) 3150 Bird Road Tract B, Less. the North ,10" for right away,, Peacock Rice Company, according to the. Plat thereof, as recorded in Public Records of ;;Miami -Dade County,. Plat Book 7, Page 91 of the Florida. (and) Tract. A, less the .North .•141, :feet and- less .the West 20 feet, Peacock Rice Company; according, to "the Plat thereof, as recorded in Plat Book 7; Page ` 91, of the Public Records of Miami, . Florida. (2) 3555 S.W.. 29th Terrace Lot. 23. less Rapid 'Transit right-of-way, : Overbrook Park, seconding to the Plat, thereof, as recorded in Plat Book 3, Page. 206, of the. Public Records' of Miami -Dade County,. Florida. (3) 3673 Bird Road -- Lots 9 and 10, less the south 20 feet of lot -10, block 13 Overbrook Park, according to the Plat., thereof, as. recorded in Plat Book ' 3, Page 206, of the Public Records of. Miami -Dade County, Florida: (4) Balance of 3601 Bird: Road Lots 12, 13. 25 and 26 Block ;14 of . Overbrook Park according to the; Plat thereof recorded in Plat Book 3,. Page -:206 of the Public Records of Miami -Dade County, Florida, less and except the south 20.0`feet of, lots. 13 and 26. 1202 As -Built Survey EX hf lbj7'Y) " .,L arn,C 6.-11 LLQENQ 22 0 23 h I iq 13 ..vL a :.r 60: - ; Ir u: ;a BIRD RD. 110 r arcr 0'(R) 280.16'(M)]'02 -E 280.0 y �2" ,i• .` - - - - - - Map I r '1.,v w 'f ;. ✓,. ir:lt h r.. rr Iry 5.'It Location M I }. N ,..�_i_..I ..r l._7 _ 1. 11 His ation ap T. j ly� � 1 � . .raw : {r"`1= I i �� I :.Kn•.Ij �. `A r�,e � 9 r(_ I I .. I . 1` � ' � wH 6 � ' LESrBL_QESS:91QL4ti [ ur, ""..,.•ws � .i? ,1 e°'a]'ea-N, .eo Ge t-) ••,• '� ?�' ABBREhE1lON$ Choy I.. 41M I,� a � �•.p'i - ` , y" � T n ., III �I: � `Yr r IN' .<d�w lrw (A �. �% � 3 � • r I rjp� A (,q7T ,z. I hl /, uh.. r .r � NoT A �> •T _ m `c' .0 frd • ca.., •II a� .- 1_ I -k 1I ;.} ( I : •' 'I 1' . an. NII .� ..,. ( T: .,. ..., vni i �I �.,� t ( ��'-•i--r 'i.'-�a.l i-� .j l7 Il pl ,.. r..r � I � ti• I ° I ` y�. -` .� i 1 xll e s I •�I 1 ♦f1JF%; , qq`;�° i , � - vl L�•Na ^I I C7 °` 1 YI of .sY,..,l .7•,� 1� 1 SQBYE](Qn-NOTES J' O ` ;h ry f II ■� d 4a vel Y:uKne rd I.f[Nr•n uN/d w l PROJE[IZ1�' ^ - • I •` .o .[r.rar.. n.Hrrto I.u.[a w aov _ BENCH ' 7i I I I I 1 � I YI;II) I [�•rH�dl', If. rt ' ii. ' ' tl • M.R [Mi,a eve. loO,xGf O y 16 E 1f] ,Il �wNK1 d•' R• ,:;? J� � I - � . I r 5 ,ct3 JY,,Nl�llf a, • .FX!I { r - .Gr' • 1�'',. , �'r.l � �I _ � Il aINWG: ..•.r NHd wa,n10 d w .f1.10 vMN tl.n]f lri' r 280.01 M ^ a•T .I- ,<IM1` 1 �. R sew—' () 780.90fa m `)rt [M f,I AB ;°• ��. j'! .,, J.w .rx.ra Pue°•rv.. .�t��...r, .. .. r.•.r i.. ,..r. vrrN BIRD RD. :;URVEYQR'S CERhEQ1jQ1L .. �--- _ . ..w _ - .,i' .. :o:r .. ., . Iru r ✓ems . ,,. -rr— ' 3' ..._ . [ran. N... M rnlu�rG DEEL (SAAB I� y !. _1Aq� wf u�icrM R�Ira AlNo fulAHRs fI..R n raven, uu-... n _... .. .._. .--_ _. .___--w--_— _- -"--- • K. Ia r.00 Nva .. , c.r o.rY anriGo ucGna. A.'aAr.nG..raw m A,yl fG 4NYIA N q y ,a Sw.. r .n .K.. :oro: tl w H[ w ,.•w .•n G - tl Awl r w wu. ra tl Mc< IM1e1rG Mal LI N,�lotlll.~ ru.r, 7 [Aa rtrd • „.,%N wall) V7 - I'm ffCV 1 0N 5 BY ------- ----- --- - —PREPARED rOR DATE: ] 17 00SHEET Re...,ND .. •..,. eu.., • Arr I �.f� �, `• \ 1 1---. ._ ___ _ _ a�+i jiTJCY& ASS0CIA7ES �D• I Deei Saab ORAW S.B._ CMECIIEO: A.N. 9 I lW Srw oI I CMI SkwA WR EMami,rW El . 1:` I r,,,fMAf�I I SCALE: 1• . 70' ~- I r - ce�Gylr.m sw Tru ///Y��\\ I ---ADDRESS OF SM'36M BIRD ID. AUAI FL. I SCALE: BOOK: Asll_I7 ORDEI / :,nELD NO.: 49104 lo,1 S11E(1: LEGAL DESCRIPTION G -ler Ll]U]IM. OLOOC N Q OIl1m1.'A'!r rAwc ACC01OaD 10 M erw, )b O n! At%G %fLwme Q .. y - MAl ItMCOImfD a !LAI eon[ ], rAOe AM OACC GQNT.M1OPoDI1l[M AW f%Ctrl M.W1%)00 !lfiQlOr. nyp ). e-• F BIRD ROAD rwni wlqV A -vii M 99 ],o- I ��Dll�vCwr 1 `3 26 ® a - - A[I9IALIIE rA101HI N . I ® � SHOWRO/0�� t1 -Y 1 a _ A. dl ]i•s•%ur.lwawn r.0 rm. I era flYlrin-y! bIt .. It .� I zco ruua-s co It I I I co ] En3 (lv-L - ;. ---- ---- — — -- ----- I, an ]r.Irro rrir.r v.wi1 n.eo•!L� orl —_ 1/16" SI'PE PLAN BIRD OA LEGAL DESCRIPTION G -ler Ll]U]IM. OLOOC N Q OIl1m1.'A'!r rAwc ACC01OaD 10 M erw, )b O n! At%G %fLwme Q .. y - MAl ItMCOImfD a !LAI eon[ ], rAOe AM OACC GQNT.M1OPoDI1l[M AW f%Ctrl M.W1%)00 !lfiQlOr. nyp ). e-• F 13 26 C 12 25 0 M II 24 LOCATION NAP NTS - .. WR.n101d - su eA«drwo _a.ac.M• . um1Y � , w •� • '_ O%MR OfQerrPlC yrM efRfellN. , •—ytW rtALonrL D!rD HANDICAP POST' SIGN - X;i— TRUD"!D-C!"K -.CURB . owaro inwlw•1A.1� n r.M � ce ln!%ro air.ua PARKING SPACE & CAR STOP DETAIL ae$1. pROMQAl _ - - AWNN MP 0110 ICAD MArf R• - jO.NI .... IR.IItlLRD CQLerU41 lOi APlA ............... ... Mlle W n. l0.ryyApyyq,�l{ppY//r�.ge�.p . lt/%OlA.lP..6r,!1. PRTND euaDHi••••• KwOL�•MNO lQ CI. .1lpppl.................. ]Ill LQ n - NCROM1COn-'---. •.••• Pncf ................ ino eD.n qy iRRODDrr1.� —v Lf�wnpac uofw wQ un D1Rd.IRi ru�WD�-)ii i:Lf)Il v..00r., floe w -o$ AGL1 rARCW lROdD[D .•...... iIn 1 —610%—.A. am - .LOrf 0 KRC_0Y'nArrr •_ __ .rl Av MCLiUI " MLW i.rC1li AUiOlOelt aGLrL02M lY 1 AVIO D� -�MIOtMMD1unM �l �f NOnN WiOrtwriw eup0li�iprol' e%�sllG eutDLG Aro rA.eD ru.1w L.I r 1D a ovrc��e•aD u .. r1...1 01:.. ,1 FL -00-138445-2 10/04/ 01:42:34pm Oge 1 of 1 . DEC . Tti M CZRC= CODRT Ct in on JaD== CxMC= 2M ASD Ta wu comm, PLOnID1l DEC29 10s38, o>i�RM jurt3brenm DTVIB OM 94R595S49 1494 CTM RMOM NO. 91- $7073 8=C., 20 9<R594164 1994 DEC 28 13x4$ y Sala f 2 ONNEwn MOTORS ACCIPTAMCZ COAPMAT=1 , o Plaintift(a)/Patitioner(aI .s. SOO73AST IMPMSUM! ODRP., a Florida rorporatL=, at al., nete"dant(.)/Re.ponaeatp) esR Ct pter 3 o4TZTLir w Q TUC OlM))MIGMSD CLWM 0? this Court oartilims that a CartMoato of Sala Was executed and filed in this action on December 13, 1994 . for the property' o described herd" and that cbjectioae to the tale have either sot been filed within a+ the time allowed by stwmtary law or, if filed, have been heard by the coast. The ti property in Dade County, riacida a"d described as f011owet w Parcel 2 Lots 11, 12, and 13, lees the Booth 20 lett of Lot 13, and Late 24, 23, and 26, in Block 14, of CVXMUtDOK PARK, according to the Plat thereof, recorded in Plat Book 3 at Page 206, of the Public Racerds of Dade Coa"ty, Florida. was e cold tot. DIEL REALTY, IM., c/o Pattarsan, Clauaean, Santos, ]Aims 44 hest Fl"Iw Street, 18th Floor, Mini. Florida 33130-1808. WIT"83 or hand and the teal of thio Coart an December 28, 1994 Marv= Ruwin, Clark ru J n� .- -.: aRi�t; oA ji's E .. �� V:'. �-;...e✓ - � � wave" aoaas - 1� r HARVEY M.N. . art of a i �t .maen.a.,oru yr R05-016�� +ewe IOWY R(M14 Citd cry � - 12027 • 2 SITE PLAN i jos" ROYAL PALM 1S' H*H ROTSTONEA ELATA rj FLORIDA LIVE 0-1.'.-. CLAERCUS VIRGNIANA O ALEXIIYIDRA PALM CLUSTER CHERRY HEDGE 24• Wr.14 ALL LA1,105CAPE AREA$ TO RECEIVE ST. ALAiSTNE GRA55 4 L WALL SECTION PARTIAL ELEVATION 3 C Ir m t6 Q ol r 1 TYPICAL LIGHT POLE Y�V1 :Ca PALM PLANPNG AND ORA NG DETAIL TREE PLANTING AND GUYING DETAIL �Yir SHRUB PLANTING DETAIL vL'm.b GROUND COVER PLANPNG DETAIL 4 L WALL SECTION PARTIAL ELEVATION 3 C Ir m t6 Q ol r 1 TYPICAL LIGHT POLE