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HomeMy WebLinkAboutApplicationMay 6, 2008 Ana Gelabert-Sanchez, Director Planning Department City of Miami 444 SW 2nd Avenue, 3rd Floor Miami, Florida 33130 Re: Application to Amend the Miami Comprehensive Neighborhood Plan and Amendment of the Zoning Atlas by P.O.R. INVESTMENTS, LLC on property located at 3628 NW 21St CT LETTER OF INTENT Dear Mrs. Gelabert-Sanchez: This letter of intent is a part of and supplements the above referenced applications by P.O.R. INVESTMENTS LLC requesting to amend the Miami Comprehensive Neighborhood Plan from "medium density multifamily residential" to "restricted commercial". In addition, applicant is also requesting to amend the Zoning Atlas from "R-3" to "C-1". These requests are applicable to the property located at 3628 NW 21" Ct. Miami, Florida. The subject property is a parcel of land containing approximately .44 acres. There are presently three buildings on the property. The abutting property to the north is presently zoned C-2. The adjacent property to the west is zoned C-1. The purpose of applicant's request is to use the subject property as additional on site surface parking for the existing Presidente Supermarket located to the west. The proposed parking area with its abundant landscaping serves not only to prevent parking from this commercial use to spill out into the residential areas, but it also provides the neighborhood with a buffer from other intensive non residential uses in the area. Furthermore, applicant is planning to enhance the fagade of the building and adjacent parking area with architectural details and extra green areas, resulting in a pleasant revitalizing improvement to the adjacent neighborhood. In order to assure the City of Miami Commission that the subject property is going to be used as stated, applicant will proffer a covenant limiting this property to surface parking as shown in the site plan. Any future changes shall require a public hearing. Wherefore, applicant respectfully requests favorable recommendations be given to its applications. Sin ereiy,. � ow. Herminio San Roman, Esq. cc Lourdes Slazyk Zoning Administrator 1 t u[iit 0PAT[& I s s ,'57 _.. + HEARING BOARDS 444 SW 2"d Avenue, 7'J' Floor • Miami, Florida 33130 r- Telephone 305-416-2030 • Fax 305-416-2035 www.miarnigov.-com/hearing boards as { PUBLIC HEARING APPLICATION FOR AN Planning Designee Initial & Date AMENDMENT TO THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN Welcome to Hearing Boards! This application is intended to serve as a guide in acquainting you with our public hearing process. By any means, please feel free to contact us at the number above, should you have any questions. ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE STATES THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. Copies of lobbyist documentation with proof of payment must be submitted with the complete application. Ordinance No. 12918 states that each person or entity requesting approval, relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees regarding any issue, shall disclose at the commencement (or continuance) of the public hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, for an agreement to support or withhold objection to the requested approval, relief or action. The Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit included in this package must be submitted with the application. The applicant must, at the commencement of any public hearing on the issue, if there is any disclosure to report, read the disclosure into the record. Also, the applicant must supplement the affidavit if there is any new information or additional information to disclose. The deadline to file the complete application with supporting documents is the first five working days 11-51 of each month from 8:00 am until 3:00 Pm, and on the fifth day. at 12:00 Pm. The responses to this application must be typed and signed in black ink. Please note that pursuant to Section 1304.2.2 of the Miami Zoning Ordinance, no application shall be deemed to have been filed unless and until the applications shall have been completed. All pertinent and accurate information/documentation; i.e., the plans, reports, exhibits, shall be presented at the time of filing, in addition to the paid receipt. The applicant is responsible for the accuracy of the information contained in the application and all supporting materials. If you like, you could bring the materials to our office for staff review before the deadline to ensure the application is complete. Upon submittal, this application must be accompanied with a signed Zoning Referral. You will be responsible, if needed, to bring an interpreter for the English language to any presentation before city boards, committees and the city commission. A valid power of attorney will be required if neither applicant or legal counsel representing the applicant execute the application or desire to make a presentation before city boards, committees and the city commission. Copies of City Commission resolutions can be obtained at our website through the "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360. Applications for Zoning Change (Amendment to Zoning Atlas and/or Overlay District) and Land Use Change (Amend the Comprehensive Neighborhood Plan) will not be accepted unless it is signed or initialed and dated by the Planning Department designee. For information about Amendments to the Miami Comprehensive Neighborhood Plan, please see Section 62-32 Periodic review of the adopted comikehensiv6, plan and adoption of evaluation and appraisal report of the Miami City Code. I, Pedro Omar Rodriguez, as Manager of P.O.R. INVESTMENTS LLC, hereby apply to the Miami City Commission for approval ih accordance with Sec 62-32 of the Miami City Code, and in support of that request, furnish the following: 1. Obtain 'signature or initial and date by the Planning Departiment designee prior to submittal. 2. The property/location listed does not have any open code pnforcementlGen violations. 3. Address(es) and folio(s) of property: 3628 NW 21 Ct. Miarhi, Florida Folio # 0131220080570 4. Current designation: Medium Density Multifamily Residential Future designation: Restricted Commercial 5. Has the designation of this property been changed in the last year? If so, when? 6. Do you own any other property within 200 feet of the subject property? Yes If yes, has the property been granted a change in plan designation within the last year? No 7. Two (2) 11x17" original and one (1) 8'/Z x 11 copy of the survey of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application. 8. At least two photographs that show the entire property (land and improvements). 9. A clear and legible copy of the recorded warranty deed and tax forms of the most current year that shows the present owner(s) and legal description of the property. 10. A clear and legible copy of the subject property address and legal description on a separate sheet of paper, labeled as "Exhibit An to coincide with the current survey's legal description. 11. What is the acreage of the project/property site? .44 Acres 12. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning Department on the 3`d Floor for information. No 13. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning Department on the 3rd Floor for information. No 14. If only filing this application and not a change of zoning, please submit a (an): a) Affidavit of Authority to Act; b) Disclosure of Ownership of all owners and contract purchasers; c) List of property owners within 500 feet of the subject property. 15. For corporations and partnerships indicated, the following documents are to be submitted: In a) Articles of Incorporation; b) Certificate from Tallahassee less than one (1) year old showing good standing; c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation authorizing the person who signed the application to do so; d) Non-profit organizations: A list of Board of Directors less than one (1) year old. 16. All documents, reports, studies, exhibits (8 '/ x11°) or other materials to be submitted at the hearing shall be submitted with this application and will be kept as part of the record. 17. Cost of processing according to Section 62-156 of the Miami City Code*: Application to Amend the Comprehensive Neighborhood Plan to: a. Conservation, Recreation, Residential Single Family, 'Residential Duplex $ 300.00 b. Residential Medium Density Multifamily $ 450.00 c. Residential High Density Multifamily, Office, Major Public Facilities, Transportation/Utilities $ 550.00 d. Commercial/Restricted, Commercial/General and Industrial $ 650.00 e. Central Business District (CBD) $ 1,200.00 f. Surcharge for advertising each item $ 1,200.00 Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice $ 3.50 I -X/1 V L_ *Pursuant to Ordinance 12719, all planning and zoning fees in excess of $25, 000. 00, shall be paid in the form of a certified check, cashier's check, or money order. Signature Address 1L �5 �5 C`� s ✓J���� �n} z Name ��tw Y Ae Telephone 7Y6 `A' - [)d E-mail The application submittal date is the date stamped_ by Hearing Boards' staff on the front page• .. STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this X-) day of 20 OS , by 0. ; who is a(n) individuallpartnerlagent!corporation of a(n) individual/partnershiplcorporation_ He/She is'personall known to me r who has produced as identification and who did (id not) take n oa (Stamp) Signature BEM T VA MY COM$ M15tSfO� 4 T. U 8pf489 EXPIAE8: March 26, 20Dg Nr"r�'9r fioa`OF avnded 7hm Budget Naiary5 rWces RESOLUTIONS I, the undersigned, as managing member of P.O.R. Investments LLC, a limited liability company, do hereby certify to the City of Miami that the following is a true copy of the resolutions adopted by P.O.R. Investments LLC, duly organized under the laws of the State of Florida (the "LLC"), having its principal place of business at 2828 Coral Way, Suite 300, Miami, Florida 33145, at a special meeting of the managing members duly held on the 5th day of May, 2008, at which a quorum was present and voting throughout, and that such resolutions are in full force and effect and are in conformity with the articles and operating agreement of the LLC and for the jurisdiction of incorporation: RESOLVED, that Pedro 0. Rodriguez is authorized on behalf of the LLC to sign any documentation necessary to effectuate the rezoning application with the City of Miami. RESOLVED, that the managing member of this LLCn be and hereby is authorized to certify to the City of Miami that these resolutions have been duly adopted and that they are in conformity with the articles of incorporation and the operating agreement of the LLC. RESOLVED, that the City of Miami be and hereby are authorized to rely upon the authority conferred by these resolutions and that these resolutions and the powers and authority hereby conferred shall continue in full force and effect until formally rescinded or modified by the managing members of the LLC and written notice of such rescission or modification is received by the Buyer. I FURTHER CERTIFY that the aforesaid Resolution is in full force and effect and has not been amended nor revoked. IN WITNESS WHEREOF, I have hereunto set my hand as the managing member of P.O.R. Investments LLC, a Florida limited liability company, and affixed the Corporation seal this �_ day of May, 2008. B Y: ! - r i Pe ro 0. Rodriguez, paging member I HEREBY CERTIFY TO THE BUYER THAT THE FOREGOING RESOLUTIONS HAVE BEEN DULY ADOPTED. By: j edro 0. Rodrigue managing member DISCLOSURE OF OWNERSHIP 1. List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if applicable. Owner's Name(es) Pedro Omar Rodriquez (50%) and Ana V. Rodriquez (50%) Subject Property Address(es) 3628 NW 21 Ct. Miami, Florida Telephone Number E-mail Address 2. Street address and legal description of any property owned by any and all parties listed in answer to question #1 located within 500 feet of the subject property. Please supply additional lists, if applicable. Street Address 2199 NW 36 Street, Miami, Florida 3637 NW 22 Avenue, Miami, Florida 3631 NW 22 Avenue, Miami, Florida 3621 NW 22 Avenue, Miami, Florida R 5,0 /-Z C) © go r) at lx�l Owner(s) or Attorney Name STATE OF FLORIDA COUNTY OF MIAMI-DADE Legal Description 0131220080620 0131220080650 0131220080640 0131220080630 a a wner(s) or Attorn Signature The foregoing was acknowledged before me this 62 day of 20jol_, by (+ e dQ,� <) o,_who is a(n) individual1partnerlagenticorporation of a(n) Ind ividuallpartnership!corporation. He/She or who has produced as identification and who did (did not) take an oath. (Stamp) ��"' �a"�� M1'T. vw.s ignatur * MceYyyCOMISS MIOWD4000663 Nh , EAREs. march 26, M hocFy04� aun&d IreBedgetNotaryservices EXHIBIT "A" LOTS 10, 11 AND 12 BLOCK 3 OF GARDEN CITY SUBDIVISION AS RECORDED ON PLAT BOOK 5, PAGE 73. 05/ 0 L/ 2 1 1' 16: 33 30544216515 PAGE 02'.014 State of' -Florida Department of State A certify from the records of this offiec that P.O.R. INVESTMENTS :,LC is a limited liability company orrga.hized under the laws of the State of (Florida, t=iled on November 29, 2007, effective November 29, 2007. 'the document number of this limited liability company is L07000119102. I further certify that said limited liability company has paid all. fees due siis office through December 31, 2008, that its most recent annual report i vas filed on April 24, 2008, and its status is active. I further certify that said limited liability company has not filed Articles of Dissolution. Given under any hand and the Great Seal of Florida, u1 Tallahassee, the Capital, this the First day of Mc v, 2008 t Secretary of .State Authentication ID 200129145372 -f150108 -L07000119102 To nulhdntinaitc this cen.ifcatc.visit the following site, enter this U), and (lien floflow the instructions displayed. bttps:/lefile.sunbiz.orgleertauthver,htmI 04/30 . a-_ 13' 01 305567DPAGE F1L.'Fl2 Thio l"On rnrpt Wes prepared by and rMtum to; Mark S. Sehechnar, sequin 2121 Pon." de Leon Blvd., Sulk 711 Coral Llablrx, Florida 33134 Tax Folio Ne 41�i1�3-068-0r74 I Ilil�l IIIA kllfl lifil IIIIf Ill�l VIII Illi Illi CFM, !2Q07Ra.1V3L7!54 OR 6k 2ii111 Fa 14001 (14i) RECOROI:D 12/0/207 15+16t28 DEED,DOC TAX 6,000,00 SURTAX 4,304.00 HARVEY ROVIHr CLERtI df COURT MIAMI-DADE coukrY, p'LORIDA LAST PAGE ',K TICS SPRCIAL WARRANTY DEED, made ofDecember, 2007, byand bcmoCm SAMA,NTRA OF ADAM INC., a R1drl" Corporstinn, iarmerty tm� .. sAmstitr., I<no., I]P.t+ti>iAft fdk"d to a the GRANTOR, endwhom address is: c/o.T. DEE, CUBTQ 2515 SW 7 ST, SLTPP>r 1, MIAK PL 33135, and P.O.R ISP STi1IMM, LLC., a Florida limited lisbiglly Company, het'tinaRrr referred to as the GRANTEE, whose address is . 55 N=th Hibiscus, Mi.aai Beach, FL 33134 WrINES5ETH, Teat the said GRANTOR, for and in 4oneideaxtion of the gum of TEN DOLLARS (S10.0b) sued otba goal and valttahlC Comidagdon, to him in hand paid, the receipt whoroof is hereby acknowledged, has gT wW sod by theca presents does grant, bargain, sell], remise, release, convey and corp 6tm unto the said GRAMS, hie assigns and tucCCs aA forever, al] that eertain real property lying and being in the C41mty of Miami-D&de, State 4 Florida, more p&rtieulady described as follows: trots 10, 11 Rod 12, Block 3, of GARDEN CM, according to the Piot tbRrftd as reogrded 1n Fiat Hook 5, at Page 73, of the Pablic Records of Mlaml--oade Conurty, $1nro& aunrrrr Tor ' Tun Tn 4,1 YM' 7407 od �� �. A. Buanee0.tPWgrkr.trNlaNvs,no,�e„e071mRMloo,aWpnrot,eenk,lr>a7;iyk,e,aemwlkk,a�TI�MOrMnPola„4,axweQcun,a TOGETHER with alt t=%ncn% hereditmtnts and mMurtmanars, with every privilege, Tight title, imeroxt and W&Rte, reversion, remainder and easement thereto belongii►g or in anywise �S• TO HAVE AND TO HOLD to the same in fee -simple fatwa, AND the said GRANTOR does hereby epecisllywm=tt the title to said l rapr#tty and will defend the saute against the ]avdW claims of all person claiming by, thtu4b, or under the CMANTOR. IN WITNESS WHuzoz the rtes caused these presents to be executed on the day and ye ve written. Si in E witness, sAAEANTA OF a Florida Corporation (1 $y: 11 Ra IIUEZ, PRSnIENT Mailing Address: c/o J. Dd Cueto .1515 SW 7 St tss: Snits 1, i►�tpml, FfoNdli 38X35 State of Florida County 0064mi Dade Thr foregoing instnttr mt was act FELIX RODRIGT.IEZ, MESIDENT OF _ who is personally ]mown to me or _ w Book261111Page1400 64'6N uaret�ks►ta c 3cn,r.' hn UO�rtl6 ryi127010 CFN#20071191754 lay of Dec=ber, Page 1 of 1 CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2-653, and appearing before the City Commission or any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners' legal representative are not required to fill out this form. NAME: Pedro Omar Rodriguez (First Name) (Middle) (Last Name) HOME ADDRESS: 55 N. Hibiscus Drive (Address Line 1) (Address Line 2) CITY: Miami Beach STATE: Florida ZIP: 331.39 HOME PHONE: CELL PHONE: FAX: EMAIL: BOSSINESS or APPLICANT or ENTITY NAME BUSINESS ADDRESS: Presidente Supermarkets (Address Line 1) (Address Line 2) 1. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board, authority, agency, council, or committee. Amendment to the Miami Comprehensive Neighborhood Plan and Amendment to Zoning Atlas on property located at 3626 NW 21 Ct.Miami, Florida 2. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or actlon9 YES NO If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement. EM 3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. Name Address Phone# a. b. C. * Additional names can be placed on a separate page attached to this form. 4. Please describe the nature of the consideration. 5. Describe what is being requested in exchange for the consideration. ACKNOWLEDGEMENT OF COMPLIANCE I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing disclosure requirement was not fully and timely satisfied the following may occur.- 1. ccur:1. the application or order, as applicable, shall be deemed void without further force or effect; and 2. no application from any person or entity for the same issue shall be reviewed or considered by the applicable board(s) until expiration of a period of one year after the nullification of the application or order. PERSON SUBMITTING DISCLOSURE: %uOV rgna ure Print Name Sworn to and subscribed before me this �(J da} of t� 200 The foregoing instrument was acknowledged before ine by . P r_'Ct;U who has produced as identification and'or is versonaili, knotivir to me_ and who did/did not take an oath. STATE OF FLORIDA CITY OF MIAMI V s MY COMMISSION Notary EXPIRES: s�►*'� ° BETTY T. PALLS -' * MY COMAA l nclosure{s) r�o¢� oEXPIRES: March 26,2009 Prini 9 c� Bonded Thru Budget Notary Se+vrces r 1 +« �y Doe.zvo.:s6sas Y 1.S Page