HomeMy WebLinkAboutO-120280 .0 J-01-37 01/24/01 12028 ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 42 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 R-2 TWO-FAMILY RESIDENTIAL TO C-2 GENERAL COMMERCIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 3601 BIRD ROAD, MIAMI, FLORIDA, LEGALLY DESCRIBED ON 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 December 18, 2000, Item No. 4, following an advertised hearing, adopted Resolution No. ZB 2000-0393, by a seven to one (7 to 1) 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; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: ills H(A Eh,U4 I Ca. NT�mc 13 1 0 • 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 by amended by changing the zoning classification from R-2 Two -Family Residential to C-2 General Commercial for the property located at approximately 3601 Bird Road, Miami, Florida, as legally described in "Exhibit A"; attached hereto and made a part hereof. 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; (h) will not create or excessively increase traffic congestion or otherwise affect public safety; Page 2 of 4 12028 (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. 42 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�.Q • • Section 6. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof." PASSED ON FIRST READING BY TITLE ONLY this 25th January , 2001. day of PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 22nd day of February, 2001. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-35, since the Mayor did not indlcn,ts e;nnrova� Of this legislation by signing it in the designated place provided, &nid in -ow becomes effective with the elapse of Cera (10) days from th. .on ATTEST: regarding same, without the Mayor exercising a veto. . Falter J. Foeman, City Clerk WALTER J. FOEMAN CITY CLERK CORRECTNESS: W999:YMT:nr:BSS �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 1202q As -Built Survey �xhihj-P*' LEStFiip I] I I t 71 ^� 1 A 21 � I tt Si /J' Ir: - Y t 4 BIRD RD ;" II ' ��•« - isag ' SJ'02'Ea,►"280.00'(R) 280.76'(M) ( a [ Loc ion Map 7 I-. r. I..I (. is i h - ]]: ' iPI�,'' at NTS fl I j' y , P • # i ..n.r• t ¢ Z.., t ECAC DESCRIPiIQJ`I • .. - f' L .. _ .... n .LED ABBVI REATIONS •' 'y '3 a atDcui . ?' I I . r ' rP7-7 -1. P SslBYEYOE'S_NOIFS SI 9 PROD ,aT 2�1,'.. '1 . . . r w:n> rra ..stu,�; •,cr°. ".>.�. BCN'N., FARM ,� f I s�•,r..) I I r1l as�Nl R•� c.wz'7!>.a +.� •� , , . . m a.n vr.,n,.o-,w �no,«:so- � 'fC > .: YY»rrr. ! .I w�n1,.1 t PF S M ) r ,r �i •y ..r • • r u� Z. ]•. r t NBg•55'i8"W 280 01'(M) 280.00 (R) r1. CMI^ ry 1 1a' ,at alFlfLIL [11� ..i.. } ' . -. Ja.`P...°�....� '..... ... .. .. _ of BIRD RD. b •r " ' 4 RVE YOR'S_..G:[?LF10d➢Otl: _ I DEEL r SAAB r. 'P.. .,�.^r.,. ,�u•. rte. -'>.i "]w _. _... ._. .___. _ .__._—__.. .... ...--. � J .�.:�_—�_ na.. a. „n r, u. us..wrnavo �. •...ru. ... �,rm ..w. u.,r.e� .r m nr °•c .wwr ..s ,uv c. n> 92'1-4ab —_I R E v I S I 0 N5 --- Br ----------- '—'--- -- _ — --- --- -- _ I1r PNEP REU iJR: ��T IN. 11T rte.... v.urw __ -- _ � DATE: ] 1J 00 I Deel Saab DRin S8 _ 1�Y11FJ�uctt �ssocta rss IjF— Lrd 9vw I CJt Arc4� r En�ar..rW E /y�E �� • rw�•R�' ' �..ECN_CD: A H. _-_J ■ rani iun�rr,� sw ra mow' 1 I ADDRESS OF SrTE: JBOI BID RD. kWA FL.�o•__ C-. E4MN EbY1. 1)t]17 -- _— tr I]DSI r)1-tlrl. Fr OOL us.rro7 I' CIELD BOOM: _ASI,-I!l -- ---- iORDCR NO.: 49104 OF 1 S,,ECt ZONING FACT SHEET PZ -7 SECOND READING Case Number: 2000-0383 18 -Dec -00 Item No: 4 Location: Approx. 3601 Bird Road Legal: (Complete legal description on file with the Office of Hearing Boards) Applicant: Deel Realty, Inc. 2665 S.Bayshore Drive 4th Floor Miami, FL 33133 App. Ph: (305) 854-0800 Zoning: R-2 Two-family Residential Gilberto Pastoriza, Esq. 2665 S. Bayshore Drive 4th Floor Miami, FL 33133 Rep. Ph: (_) = ext Rep. Fa (`) = ext 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 R-2 Two -Family Residential to C-2 General Commercial. Purpose: This will change the zoning designation from R-2 Two -Family Residential to C-2 General Commercial for the property at approx. 3601 Bird Road. Recommendations: Planning Department: Approval Public Works: No comments Plat and Street Committee: N/A Dade County Transportation: No comments. Enforcement History, If any C.E.B. Case No: N/A Last Hearing Date: Found: N/A Violation(s) Cited: N/A Ticketing Action: N/A Daily Fine: $0.00 Affidavit Non -Compliance Issued on: Warning Letter sent on: Total Fines to Date: $0.00 Lien Recorded on: Comply Order by: CEB Action: History: The Planning Advisory Board recommended approval of the Change of Land Use on November 15, 2000 by a vote 7-0. Analysis: Please see attached. Zoning Board Resolution No: ZB 2000-393 Zoning Board:.Approval Vote: 7-1 12028 City Commisson: Passed First Reading on January 25, 2001. 0 ANALYSIS FOR ZONING CHANGE Approximately 3601 Bird Road CASE NO: 2000-0383 Pursuant to Article 4, Section 401 of Ordinance 11000, as amended, the Zoning Ordi- nance 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 as follows: Lots 11 and 24, Block 14 of "OVERBROOK PARK", according to Plat Book 3 at Page 206, from R-2 "Two -Family Residential" to C-2 "General Commercial". The following findings have been made: • 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 the requested zoning designation change is not inconsistent with the underlying land use designation and therefore it does not requires an amendment to the Future Land Use Map of the Comprehensive Plan. Based on these findings, the Planning and Zoning Department is recommending approval of the application as presented. 12028 ANALYSIS FOR ZONING CHANGE CASE NO. 2000-0383 Yes No N/A O ❑ ❑ In harmony with Comp. Plan; does not require amendment. 0 F. ❑ . In harmony with established land use. 0 ❑ ❑ Is related to adjacent and nearby districts. r./7 ❑ ❑ Is within scale with needs of neighborhood or City. Fv� ❑ ❑ Maintains similar population density pattern. ❑ C., ❑ Existing district boundaries are illogically drawn. ❑ ❑ Changes or changing conditions that make change necessary. ❑v ❑ ❑ Positively influences living conditions in neighborhood. F./7 ❑ ❑ Has similar impact on traffic; does not affect public safety. ❑� ❑ ❑ Has similar impact on drainage. W ❑ ❑ .. Has similar impact on light and air to adjacent areas. W ❑ ❑ Has similar impact on property values in adjacent areas. 0 ❑ ❑ Contributes to improvement or development of adjacent property. W ❑ ❑ Conveys same treatment as to owners within same classification. 7 ❑ ❑ Property is unfairly, limited under existing zoning. W ❑ ❑ Difficult to find other adequate sites in surrounding area. ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 12028 0' . 0 Miami Zoning Board Resolution: ZB 2000-0393 Monday, December 18, 2000 Mr. Ricardo D. Ruiz offered the following Resolution and moved its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN 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 42, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, FROM R-2 TWO-FAMILY RESIDENTIAL TO C-2 GENERAL COMMERCIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 3601 BIRD ROAD, LEGALLY DESCRIBED AS LOTS 11 AND 24, BLOCK 14, OVERBROOK PARK (3-206), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED R-2 TWO-FAMILY RESIDENTIAL. Upon being seconded by Mr. Angel Urquiola, the motion was passed and adopted by the following vote: Mr. Rodolfo De La Guardia Away Mr. Charles J. Flowers No Mr. Joseph H. Ganguzza Yes Ms. Ileana Hemandez-Acosta Away Mr. Humberto J. Pellon Yes Mr. Juvenal Pina Yes Mr. Ricardo D. Ruiz Yes Mr. Allan Shulman Yes Mr. Angel Urquiola Yes Mr. Georges Williams Yes Ms. Fernandez: Motion carries 7-1 AYE: 7 NAY: 1 ABSTENTIONS: 0 NO VOTES: 0 ABSENTS: 2 eresita L. Femandez, Chief Office of Hearing Boards Case No.: 2000-0383 Item Nbr: 12028 0SECTION 2210. kTURE AND REQLIMMENTS OF REPORT TO CITY COMMISSION (CIRCLE APPROPRIATE CONDITIONS) When pertaining to the rezoning of land under. application made under Article 22, the report and recommendation of the Zoning Board shall show that the Zoning Board has studied and considered, where applicable, whether or not: (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; 0) 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; (1) 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; 12028 _. _...... _ . dJ a -w- 2T3 T. N 9 A I) U 10 9 0 S 4 ] 2 1 DAY AYE. g ELIZABETH Is n p y s.9 n .a nm21x z9 :4�: VIRR t( TRACT- _ N ;R N PERCIVAL u • 12 9 9) 9 97 9 S 4 S 2 1 6 1111 9 IS 14 4 '9 17 .9 19 2e 21 22 23 24 CHAS. G. TOUSEY ESTATE DOUGLAS © .., Q. mTRACT A min NEM91301 . �� 0� � • � �1 , mks' v . o� ®m� . NUN 030 05 ENE ENE I Fd '24 ,► o� MO® � m� M �►-_, fir® mo ® v 0� -'j! q ■� m� � o ov a � RUM • • bill Fri �V NMI a.urstu1 IaLM4 _ta101k r.r„99a /�``�`��y � i'i.21.9�1a ♦ + ®viii, �?� �51♦\� �•� 11 s ria _mown= sla9s,9saa — .!�iiown lis j O® ®® s �� • ' ��i �' r,ow"zoonmi •• I� lob 13M �� �Ol 1116 : e� et1 t1t • : ����'®�� ®® .��� "54t FAM� ®seM ra . il■■.T . tLar '���L��� �s ♦ �_ ®_� ���_ �.® �� �1� M”WF-MMLM ®--m� � =_ m - mm MOM ��. etesnea sritetetetr,esg etete�a� esii2eta �� son Wmss' � � KOMr � �� etetetie etetl�tsi . ��� �� . OM rt >taw I.�trn �1a9.�.1 i i•® �® MO M ass �� mm���'`� �! �etsae �= MEU MIN mt= R'JQNM� N 9 A I) U 10 9 0 S 4 ] 2 1 DAY AYE. g ELIZABETH Is n p y s.9 n .a nm21x z9 :4�: VIRR t( TRACT- _ N ;R N PERCIVAL u • 12 9 9) 9 97 9 S 4 S 2 1 6 1111 9 IS 14 4 '9 17 .9 19 2e 21 22 23 24 1 P. • !L �•0 1.I 10 it R s 14 12 12 O A K M r iR 9 i 2 S 6 3 11111411 1111 �m�memmmn M r iR 9 i 2 S 6 3 11111411 1111 1911 M r iR 9 i 2 S 6 3 CITY" OF. �1I.kMI OFFICE OF HEARING BOARDS r {c{{► {.TEo .. APPLICATION FOR AMENDMENT TO �C�-F�'� ZOI —ING ATLAS A.'�-N,OVERLAY DISTRICT SEC TION '_-653 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, GENERALLY REQLZRES ANY PERSON WHO RECEIVES COMPENSATION, REMLiIN-ERaTION 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, CON2 IITi EES AN, -D TI -E CITY" COND'USSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (NUAMI Cl TY R -'-LL),. LOCATED AT 3500 PAN AINMERICAN DRIVE, ML-UNfl, FLORIDA, 33133. ##a#z#z#?kza#######fi#######Y###!!#####!###!i##i#a Ylf##azizzaYzzazzaza NOTE: THIS APPLICATION MUST BE TYPEWRITTEN A:ti-D SIGNED IN i BLACK LNK. Deel Realty, LLC - , a Delaware LLC , I, GILBERTO PASTORI ZA , on behalf of , 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): mac_ 1. Address of property: 3601 Bird Road, Miami, FL x 2. Folio number. 01-4116-019-1130 and 01-416-019-1040 x 3. Two original surveys, prepared by a State of Florida Registered Land Surveyor within one year from the date of application. x c. Af;idavit disclosing ownership of property covered by application and disclosure of interest (see attached form). x 5. Certified list of owners of real estate within a 375 -foot radius ofthe outside boundaries of orovenv covered by this application. x 6. At least two (2) photographs that show the entire property (land and improvements). x 7. Present zoning designation(s): R-2 x 3. Future zoning designation(s): C-2 x 9. Other (Specify and attach cover letters explaining why any document you are attaching is pertinent to this application). See attached letter of intent 12028 x 10. Statement explaining why present. zoning:designation is inappropriate. See attached letter"of.intent x 11. Statement as to why proposed zoning designation-'is.appropriate. See attached'letter.of intent' Y' 1:2. Recorded warranty deed and tax forms for the most current year, available that show the.present owner(s) of the property. 13. Other (specify): x1.4: Filing fee of $ 3590.00 according to Section 62456 of the Zoning Ordinance:. 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/I, HP per square foot of net lot area............... " $ .20 . .... . .................. Minimum...................::.................................;.................................. $ 750.00 25 C-1, C-2, 1, per square foot of net lot area.... ........ ..................... S . Minimum.......:.................................................... ........................... ....................$ 900:00 CBD and all, SD's, per square foot of net lot area..,. ..............................$ .30 Minimum. ........ ............. ....... .. ................ ... $1,000.00" Public hearing mail notice fees, including cost of handling and mailing'per notice.................................................:............................... ....... ..... Signature Gilberto Past. iza, E I;Za�m Address 2665 S. Bayshore Drive 4th FL ..Miami FL 33133 Telephone (305)' 854-0800. Date October 4, .2 0 0.0 is STATE OF FLORIDA COUNTY OF DADE The _forego. g instrument vrqs4cknovjledged before me this day of who is personally known to me or who has produced as identification and who did ` 'd not) take an oath. Name: v NOTARYSEAU Notary Public -Stat of FYNSOMODEVV r , Commission No.: NOTARY PUBLIC STATE of Ft cmA ON NO. CC86M My Commission E OMMmJSS.S1ON EXP sEPt 13 STATE OF FLORIDA COUNTY OF DADE The foregoing instrument was acknowledged before me this day of 19 , 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 COUNTY OF DADE The foregoing instrument was acknowledged before me this day of 19 , by partner (or agent) on behalf of produced a partnership. He/She is personally known to me or who has as identification and who did (did not) take an oath. Name: Notary Public -State of Florida Commission No.: My Commission Expires: 12028 0 WEIOSS SEROTA HELFMAN PASTORIZA & GUEDES, P.A. ATTORNEYS AT LAW 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") 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 Deel Volkswagen is located across the avenue to the west at 3673 Bird Road (the "VW Location"). 12028 MIAMI-DADE OFFICE NINA L. BONISKE 3111 STIRLING ROAD, SUITE B JAMIE ALAN COLE 2665 SOUTH BAYSHORE DRIVE EDWARD G. GUEDES SUITE 420 STEPHEN J. HELFMAN MITCHELL J. BU RNSTEIN - *OF CO 5, 2000 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 WWW.WSH-FLALAW.COM 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") 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 Deel Volkswagen is located across the avenue to the west at 3673 Bird Road (the "VW Location"). 12028 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. BU RNSTEIN - *OF CO 5, 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") 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 Deel Volkswagen is located across the avenue to the west at 3673 Bird Road (the "VW Location"). 12028 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: residentialproperties 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. D'el 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 a6 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 fo your favorable -review and recommendations of this request. Please contact me if you have any questions or require additional information. Ver` yours Gilberto Pastoriza , GP/ms 547002 Attachment cc: Dan O'Malley WEIS S SEROTA HELF'MAN` 12;02: PASTOKIZA & GUEDES, P.A. . 1 9 w SS SEROTA HELFMAN PASTORIZA & GUEDES, P.A. ATTORNEYS AT LAW NINA L. BONISRE MIAMI-DADE OFFICE JAMIE ALAN COLS 2665 SOUTH BAYSHORE DRIVE EDWARD G. GUEDES SUITE 420 STEPHEN J. HELFMAN MITCHELL A. BIERMAN MIAMI, FLORIDA 33133 GILBERTO PASTORIZA _JOSEPH H. SEROTA VIA HAND DELIVERY RICHARD JAY WEISS DAVID M. WOLPIN TELEPHONE (305) 854-0800 STEVEN W. ZELKOWITZ TELECOPIER (305) 854-2323 W W W. WS H -F LALAW. C O M Ms. Maria Farias 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 1. RESNICK NANCY RUBIN* GAIL D. SEROTA* ARI C. SHAPIRO JEFFREY P. SHEFFEL NANCY E. STROUD* SUSAN L. TREVARTHEN DANIEL A. WEISS* 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. BROWARD OFFICE THOMAS J. ANSBRO* 31 It 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 COUNSEL October 26, 2000 VIA HAND DELIVERY Ms. Maria Farias 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 1. RESNICK NANCY RUBIN* GAIL D. SEROTA* ARI C. SHAPIRO JEFFREY P. SHEFFEL NANCY E. STROUD* SUSAN L. TREVARTHEN DANIEL A. WEISS* 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. 0 0 AFFIDAVIT STATE OF FLORIDA ) )SS COUNTY OF DADE } Before me, the undersigned authority, this day personally appeared GILBERTO PASTORI ZA , who being by me first duty sworn, upon oath, deposes and says: 1. That hefshe-is the-owteF er-4i& 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 listed on the pages attached to this affidavit and made a part thereof. I. That all owners which he/sheTepresents, if any, have given their full and complete permission for hinrther 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 The foregoi in orient acknow edged before me this day of —1� ,` ��`.�"wsM z�` who is personal! known to me or who has produced as idents kation and who did (di no take an oath. Name: Notary Public -State ofIoridumatiNSomoDvIUA Commission No.: NOTARY PUBLIC STATE OF FIZMA COMMISSION NO. CC86M My Commission Expir MY COMMISSION EXP. SEPT 13 12028 OWNER'S LIST Owner's Name Deel Realty L/ a Delaware corporation c/o Y I Be -r o Pas Mailing Address 2665-S. Bayshore Drive,, _ 4th FL, Miami, FL 33133 Zip Code Telephone Number ( 3 0 5) 854-0'800 Legal Description: Lots 11 and 24 Bik 14 of Overbrook Park, according to the Plat t#ereof, recorded in Plat Book 3, Page`206 of the Public Records of Miami -Dade County, FL Owner's Name Mailing, Address Zip Code Telephone Number Legal Description: Owner's Name Mailing Address Zip Code. . Telephone Number LegaI Description: Any other real estate propertyowned individually, jointly, br severally (by corporation, partnership or privately) within 375 feet of the subject'site is listed as follows: Street Address Legal Description See attached- Exhibit 'r" Street Address Legal Description Legal Description Street Address X2028 DISCLOSURE OF OWNERSHIP 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 2. Owner(s) of subject real property and percentage of ownership. Note: Section 2-618 of 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. Deel Realty, LLC, a Delaware LLC whose shareholders are Carlos Bellosta 57%, Jose Bellosta 28% and Dan O'Malley 150 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 375 feet of the subject real property. See attached Exhibit.."A" Owner or Attorney or Owner Gilberto Pas sq. STATE OF FLORIDA COUNTY OF DADE The foregorstrument wa*- k owle ged before me this day of C�`L ✓ Y < �' ` who isa �„ mai to me or who has produced as identification and who did (did not) take an oath. c A A r Name: (J Notary Public - Commission ANsollud � My Commissi nMOM R4WXSTATE°FU '; Exhibit "C" ,Applicant also owns the following properties within 375 ft. (1) 3150 Bird Road - Tract B, Less the:North North ,10" for right away, Peacock Rice Company, according to the Plat thereof; as recorded in Plat Book 7, Page 91 of the Public Records of Miami-Dade County, 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 ' Plate 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 Wand 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. As -Built Survey ; L LOT I._._ HLh. ;4 Lo" 6 SP9 .15302'E �111' -280.00'(R) 28016'(M) —NN I 1 3 i 1aN 23 ID Elm I [­qs ® r ' 1'. BIRD RD. -7 :7z NIS IS�­L I 1 q F Oil ITT 4, T_—F_1�9_ T 0 '1I m I PROJE T BENaRN ARK b g 'P L if wo r.rC., 280. 00 N89;5520W 280t61'(M)-'- I IT, C-. I.TItO MATFIL BIRO RD. LEGEND 0 1 21 Il til ��Or I._._ --_ _i.. __.,_--_ 129 —NN I 1 3 i 1aN 23 ID Elm I i I, L BIRD RD. Location Map NIS LEGAL OESCRIPTION I., IT, — 11 111. LLITT I—I ABBREVIATIONS M .,I- 11 AT IT ITI SURVEYOR'S NOTES IT r.Y. -1 ATID IT, on 11 nu. 1— -ICT. I— -1A. ';URVER'S CERTIFICATJM, OEELrSAABrP =1=11r' —1, -D wale D 11 .1 e4.D. #111 PREPARED I OR IDATE: 3/17/00 SHEET I DRAWN: S.S. MmUCY & ASSOMTES . . I Deel Saab I CHECKED: AN. Ll SCA,Et_ 20' L. D��:-23 ADDRESS OF ME- 3601 BF0 FID. MALI FL. WE ASIC-27 0-0-5 .411wi I ;ORDER NO.: 49104 OF 1 SHEM LEGAL DESCRIPTION i3 .26 Lm Vio)uue eLoac w a aermreaac rAwc ACCOIIDW to RAf 11!)10., RlCOimFD a RAT DOOK ). rArJE ]d o D! !{CLIC RECOIme Q -- M.V! DID! CQMY . RDRIDA Lfee A)O Erxerf M eOurM ioD KEl Q L01e D .1rO 11 12 25 lD M it 24 LOCATION MAP NTS 8z1zI rl „ert enmL d Rl"' dwn D,nnwo y dr D�RlD) lNe .-- V • Qlt rWtl)R DYD HANDICAP POST SIGN IN•Y'«w ' RTn.R rla ,• R,Pr .CDIY l.D r �Td.•I.�VOI pp yr eDaRu Rone l RfRU�ED CONC. CURB 1b � - • b o• w .yrAUR )Llos • eawaRaw rn� row uero)rrK..rwenrrceier � � - PARKING SPACE & CAR STOP DETAIL etre 1 bRotn DATA ................... ..- •.,........••.•.•..•••••..••1iN DIAD R06D MY1 R� 1.1 - ..........•••. •.. ••.... Loi C.I rRle1RIC1[D CM4I)CILLr Aims ...................... /ll,D OQ R. RNRAISA RArq .•••••.. lli.OLA •ID)geeQ A. , e!<wo ...................... R.O............. .......... ).lto e0. A. ' onlce 1.no sn n. DryII .T. IQQOIKd�RqYedDL[ pILD,G UJpCLR ROO) ��.p p!p]It eO. .=A =A MOND)O rAlxw IQoffRO--...:... lv,De sa 100 • a• >I �KIMACl1 rAlac n mm�.......... e, erAcee rd )reoun arz) eccR a wrec euruR+ .� r e.an Aura.oeae anawocr+ W'l rrro olerlAr wRRroR r�au CN O�CLrIr• �) e,iI101f MO A)Ure ��R 1 e� er�l WM T eaenn a,Low uo rAreD r.wrw Lw sero x DDwLleu,o A i M 7 d F c0 � LEGAL DESCRIPTION i3 .26 Lm Vio)uue eLoac w a aermreaac rAwc ACCOIIDW to RAf 11!)10., RlCOimFD a RAT DOOK ). rArJE ]d o D! !{CLIC RECOIme Q -- M.V! DID! CQMY . RDRIDA Lfee A)O Erxerf M eOurM ioD KEl Q L01e D .1rO 11 12 25 lD M it 24 LOCATION MAP NTS 8z1zI rl „ert enmL d Rl"' dwn D,nnwo y dr D�RlD) lNe .-- V • Qlt rWtl)R DYD HANDICAP POST SIGN IN•Y'«w ' RTn.R rla ,• R,Pr .CDIY l.D r �Td.•I.�VOI pp yr eDaRu Rone l RfRU�ED CONC. CURB 1b � - • b o• w .yrAUR )Llos • eawaRaw rn� row uero)rrK..rwenrrceier � � - PARKING SPACE & CAR STOP DETAIL etre 1 bRotn DATA ................... ..- •.,........••.•.•..•••••..••1iN DIAD R06D MY1 R� 1.1 - ..........•••. •.. ••.... Loi C.I rRle1RIC1[D CM4I)CILLr Aims ...................... /ll,D OQ R. RNRAISA RArq .•••••.. lli.OLA •ID)geeQ A. , e!<wo ...................... R.O............. .......... ).lto e0. A. ' onlce 1.no sn n. DryII .T. IQQOIKd�RqYedDL[ pILD,G UJpCLR ROO) ��.p p!p]It eO. .=A =A MOND)O rAlxw IQoffRO--...:... lv,De sa 100 • a• >I �KIMACl1 rAlac n mm�.......... e, erAcee rd )reoun arz) eccR a wrec euruR+ .� r e.an Aura.oeae anawocr+ W'l rrro olerlAr wRRroR r�au CN O�CLrIr• �) e,iI101f MO A)Ure ��R 1 e� er�l WM T eaenn a,Low uo rAreD r.wrw Lw sero x DDwLleu,o A i M 7 • m SITE PLAN/is° ROYAL PALM - HIGH ROYOTONEA ELATA ly FLORIDA LIVE OAK W HIGH CUERCUS VIRGINIANA S ALEXIANDRA PALM CLUSTER CHERRY HEDGE 71' HIGH ALL LANDSCAPE AREAS TO RECEIVE ST. 4UGU57INE GRASS OJ PALM PLANTING AND BRACING DETAIL I TREE PLANTING AND GUANO DETAIL 0 o SHRUB PLANING DETAIL GROUND COVER PLANTING DETAIL p f- uOHT POLE 7 Q �]F L PARTIAL ELEVATION [2 0 Ix m 0 Q PJ J to A : FL -00-138445-2 10/04/2 01:42:34pm 09e 1 of 1 OEP1VV�iv'ti IH To Cnew ODOR? OF m ELtgi81TH JaDICIAL C b "I ' NASD 7031 DADS CC0112r, 7LORIDA 0MCUL JORIanTmon DIVISZDm 948595849 1494 DEC 29 10:38• $ CIM ACTIOM NO. 91- 51073 8=C.. 20 948594164 1994 DEC 28 13=48 Sale P 2 O;i MPJM MMU RCOPTAM 00APCRRTXW, 0 Plaintiff(e)/Petitioner(e) VS. SOOTMAST I04ESTMEMT CORP., a Florida corporation, at a1., Defandant(e)/Respondent(s) CERTIFICATE OP TITLE m Chapter 43 THZ MMMWIam CLFRR 0? this Court certifies that a cartificata o! Bala "s executed and filed in this action on December 13, 1994 , for the property o dasnribed herein and that objections to the was haaa either not been filed within -W the time allowed by statutory lar or, if filed, have bean hoard by the court. The property in Dads County, Florida and described as followst w Parcel 2 q� Lots 11, 12, and 13, less the South 20 feet of Lot 13, and Lots 24, 23, and 26, in Block 14, of OVE88ROCK PARK, according to the Plat thereof, recorded in Plat Book 3 at Page 206, of the Public Records of Dade county, Florida. m was sold tot CEM RFAm, INC. , a/c Patterson, Clauaaen, Santos, Acme 44 West Flagler Street, 18th Floor, Ummi, 8 Florida 33130-1808. a WI-IMMS my hand and the Seal of this Chart on December 28, 1994 Harvey, Ruvin, Clark SM a�ltiMfZpg�lpy�'Vt Z='Q"C,nK• a p� �a $ �m 5o �4dt t .nsaearav �aerll r9ix $ix •�"kVFY FtIVIM, • � � Gat w Wptl( r1Zn PN t10 r- 01 12028