HomeMy WebLinkAboutZB Application & Supporting DocsHEARING BOARDS
444 SW 2nd Avenue, 7t" Floor • Miami, Florida 33130
Telephone 305-416-2030 • Fax 305-416-2035
www.miamiciov.com/hearinq boards
PUBLIC HEARING APPLICATION FOR AN
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Planning Designee Initial & Date
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AMENDMENT TO THE ZONING ATLAS AND/OR OVERLAY DISTRICT
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 (1-5) 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.
Rev. 09-04-07
I, Estrellita Sibila on behalf of Niclas and Lisanne Pierre, hereby apply to the Miami City
Commission for approval in accordance with Article 22 of the Miami Zoning Ordinance, and in
support of that request, furnish the following:
1. Obtain signature or initial and date by the Planning Department designee prior to submittal.
2. The property/location listed does not have any open code enforcement/lien violations.
Address(es) and folio(s) of property: 190 NE 71 Street and 185 NE 70 Street having lio
numbers 01-3113-057-0050; and 01-3113-057-0400 and abutting alley to the east
4. Two (2) 11x17" original and one (1) 8 Y2 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.
5. Present zoning designation(s): R-2 and R-3
Statement as to why the present zoning designation is inappropriate:
Property is located at intersection of two major commercial corridors: NE 2nd Avenue and NE
71 Street. Current designation does not permit commercial development.
6. Future zoning designation(s): C-1 Restricted Commercial with SD -29 Historic Lemon
City/Little Haiti Village Special Overlay District
Statement as to why the proposed zoning designation is appropriate:
Proposed designation will allow much needed commercial and economic development in
depressed area of City of Miami, more specifically Little Haiti.
7. At least two photographs that show the entire property (land and improvements).
8. 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.
9. A clear and legible copy of the subject property address and legal description on a separate
sheet of paper, labeled as "Exhibit A" to coincide with the current survey's legal description.
10. Affidavit and disclosure of ownership of all owners and contract purchasers of the subject
property (see pages 4 and 5),
11. Certified list of owners of real estate within 500 feet of the subject property (see pages 6 and 7).
12. What is the acreage of the project/property site? 0.31 acres
13. Is the property within the boundaries of a historic site, historic district or archeological zone?
Please contact the Planning Department on the 3rd Floor for information. NO
14. Is the property within the boundaries of an Environmental Preservation District? Please contact
the Planning Department on the 3rd Floor for information. NO
Rev. 09-04-07 2
15. for corporations and partnerships indicated, the following documents are to be submitted:
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 1/2 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*:
Change of zoning classification to:
a. CS, PR, R-1, R-2, per square foot of net lot area
$
.15
Minimum
$
635.00
b. R-3, R-4, O, G/I, HP per square foot of net lot area
$
.20
Minimum
$
750.00
c. C-1, C-2, I, per square foot of net lot area
$
.25
Minimum
$
900.00
d. CBD and all SD's, per square foot of net lot area
$
.30
Minimum
$ 1,000.00
Public hearing and public meeting mail notice fees,
including cost of handling and mailing per notice $ 3.50
*Pursuant to Ordi rNW 12719, all planning and zoning fees in excess of $25, 000. 00, shall be
paid in the form ofe tified check, cashier's check, or money order.
Signature
Name Estrdllita Sibila Esq.
Telephone (305) 854-0800
Address 2525 Ponce de Leon Blvd, #70
Miami, Florida, 33134
E-mail EsibilaP-wsh-law.com
The application submittal date is the date stamped by Hearinc Boards' staff on the front
page.
STATE OF FLORIDA
COUNTY OF MIAMI -DADS
The foregoing was acknowledged before me this day of
2008, by Estrellita Sibila, Esq. who is a(n) agent of Niclas and Lisanne Pierre. She is
personally known to me or who has produced as identification
and wTo c i TM67MTrtake an oath.
He/She is personally aow.PA-@ me or who has produced
and who did (did not) take an oath.
Signature a0:R•A MARILYNSOMODEVILLA►
�* MY COMMISSION # DD 704996
N9T oP EXPIRES: September 13, 2011
Eox FoR "Ided Thru Budget Notary SeMoes
(Stamp)
Rev. 09-04-07 3
as identification
POWER OF ATTORNEY
I, Niclas Pierre & Lisanne Pierre, do by these presents hereby make, constitute and
appoint ESTRELLITA SIBILA, TONY RECIO and GILBERTO PASTORIZA of the law firm
of Weiss, Serota, Helfman, Pastoriza, Cole & Boniske, PL. of the County of Miami -Dade and the
State of Florida true and lawful Attorney -in -Fact for me and in my name, place, stead, to sign on
my behalf, and do all acts necessary, including speak at a public hearing, in furtherance of the
applications for public hearing before the Zoning Board, Planning Advisory Board and/or Miami
City Commission for the comprehensive plan amendment, zoning change and alley closure
applications affecting the properties located at 7012 NE 2 Avenue, 7020 NE 2 Avenue, 185 NE 71
Street, and 190 NE 71 Street, City of Miami, Florida.
Granting and giving unto said Attorney -in -Fact, full authority and power to do and
perform any and all acts necessary or incident to the performance and execution of the powers
herein above expressly granted, with power to do and perform all acts authorized hereby, as fully
to all intents and purposes as the grantors might or could do if personally present, with full power
of substitution.
Signed, witnessed, executed and acknowledged on this ay of oc4,6p r ,
2008.
W'7ITN SES:
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'Sign ture
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Sign
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Print Name
Signature
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Print Name
t
CLAS PIE
Niclas Pi rre
Address:
{� q- q_d ff 3�z�
LISANNE PIERRE
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Lisanne Pierre
Address:
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4�vdP 10(is! F(�-
[notary acknowledgement on next page]
STATE OF
COUNTY
The foregoing instrument was acknowledged before me by
dersona _y known to me or has produced
identification.
Niclas Pierre, who is,
as
Witness my signature and official seal this�°Jday of /t. , 2008, in the
County and State aforesaid.
NotaryYlublic State of &L- 6,k eCk-
Print Name:
Commission No.: ���; •••.°`% ERNAND MONPREMIER
* MY COMMISSION # DD 496853
Commission Expires: EXPIRES: February 10, 2010
NrAT6QP F�pP��P Bonded Thru Gadget Notary Services
STATE OF !
COUNTY OF/ Aq/,
The foregoing instrument was acknowledged before me by Lisanne Pierre, who is
per�so_nally known to me or has produced as
identification.
Witness my signature and official seal his 3V'day of /10 2008, in the
County and State aforesaid. J
Nota`ry'Public State of �°" ERNAND MONPREMIER
COMMISSION # DD 496853
Print Name: * ; 11�€XPIRES: February 10, 2010
Commission No.: N�°reocF�pP�°P BondedThruBudget NotaryNtvices
Commission Expires:
CERTIFIED COMPANY RESOLUTION
The undersigned hereby certifies that he is the managing member of NAPOLEON REAL
ESTATE GROUP, LLC (the "Company"), a limited liability company existing under the laws of
the State of Florida, that the followi is a true and correct copy of the resolutions adopted by the
its members at a meeting held on )-C,Gv�(, at the offices of the Company.
RESOLVED by the members of this Company that the Company
consents to and joins in the filing with the City of Miami an
application for plat approval of the LISANNE SUBDIVISION and
Public Hearing Application for an Official Vacation and Closure of a
Public Right -of -Way, zoning and comprehensive plan amendment
applications related to the properties legally described as Lots 1
through 8 in Block 1, and Lots 1 and 44, Block 2, of DUPONT
ADDITION, according to the Plat thereof as recorded in Plat Boole 13,
Page 56 of the Public Records of Miami -Dade County, Florida (the
"Applications"); and be it
FURTHER RESOLVED that Gilberto Pastoriza, Esq., Estrellita Sibila,
Esq. and Tony Recio, Esq. of the law firm of Weiss Serota Hellman
Pastoriza et al, are authorized, directed and empowered to execute any
and all applications, petitions, and other documents pertaining to the
Applications and to act on behalf of the company at all associated
meetings and public hearings related to the Applications.
The adoption of said resolution was in all aspects legal; and that said resolutions are in full force
and effect and have not been modified or rescinded.
Dated this' day of �- , 2008.
NAPOLEON REAL ESTATE GROUP, LLC
By:
Its:
State of Florida
County of H/ A -o(, A
I HEREBY CERTIFY THAT on this day, before me, an officer duly qualified to take
acknowledgments, personally appearedffoo, -,O� iVA16 o the managing manager of
NAPOLEON REA ESTATE GROUP, LLC, a Florida limited liability company, to me
personally known ri or produced identification in the form of , and
who executed the foregoing resolution and acknowledged before me that she executed the same
for the purposes herein expressed.
WITNESS my hand and�seal-iiQthe county and state last aforesaid, this, - o' day of 6, 2008.
NICLAS PIERRE
MY COMMISSION # DD792604
EXPIRES June 18, 2012
153
AFFIDAVIT OF AUTHORITY TO ACT
Before me, the undersigned, this day personally appeared Estrellita Sibila, who
being by me first deposes and says:
1. That she is the legal representative of the owner, submitting the accompanying
application for a public hearing as required by the Code of the City of Miami, Florida,
affecting the real property located in the City of Miami, as described and listed on the
foregoing pages of this affidavit and made a part thereof.
2. That all owners who she represents, if any, have given his/her full and complete
permission for him/her to act in his/her behalf for the change or modification of a
classification or regulation of zoning as set out in the foregoing petition, X including or
❑ not including responses to day to day staff inquires.
3. That the foregoing pages are made a part of this affidavit contain the current names,
mailing addresses, telephone numbers and legal descriptions for the real property of
which he/she is the 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.
Estrellita Sibila /
Legal Representative Name Ugg R esentative Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this t �L day of October 2008, by
Estrellita Sibila, Esq. who is a(n) a ent of Niclas and Lisanne Pierre and Napoleon Real
Estate Group, LLC. he is personally known to me who has produced as
identification and who did ( d not an oaf
SUSAN C. MACET
(Stamp) :I MY COMMISSION # DD 757411
EXPIRES: February 11, 2012
S� PPu Bonded Thm Notary Pubk Underwdtere
Rev. 09-20-06
A2ef'sl6il-
- 2411-
Signature
DISCLOSURE OF OWNERSHIP
1. List the owner(s) of the subject property and percentage
Miami City Code requires disclosure of all parties having
direct or indirect, with respect to a presentation, request
disclosure of shareholders of corporations, beneficiaries
interested parties, together with their address(es) and
required. Please supply additional lists, if applicable.
Owner's Name(es) Niclas and Lisanne Pierre - 100%
of ownership. Note: The
a financial interest, either
or petition. Accordingly,
of trusts, and/or any other
proportionate interest are
Subject Property Address(es) 7012 NE 2 Avenue; 7020 NE 2 Avenue; 185 NE 71 Street; and
190 NE 71 Street
Telephone Number (305) 854-0800
E-mail Address c/o Estrellita Sibila ESibila(cr).wsh-law.com
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
n/a
Estrellita Sibila
Owner(s) or Attorney Name
Legal Description
s)`6r Attorney Signature
STATE OF FLORIDA
COUNTY OF MIAMI -RADE
The foregoing was acknowledged before me this da of OCAI r'
� � � Y
2008, by Estrellita Sibila Es .who is a(n) agent of Niclas and Lisanne Pierre. She is
ersonalicnown to me or who has produced as
Identification and who di (did not) take an oath. He/She is perso fly- vn To -m7:6 r
who has produced as identification and who did (mid notes fae an
oath. A , N A A
(Stami+Vfis SUSAN C.MACEr
2012
�.; MY COMMISSION # DD 757411
��$f-90 Bor WThmNF ryP� Underwriters
Exhibit "A"
Legal Description of Zoning Change
From R-2 to C-1 with SD -29 Overlay:
Lot 44, Block 2 of DUPONT ADDITION, according to the Plat thereof, as recorded in
Plat Book 13 at Page 56 of the Public Records of Miami -Dade County, Florida.
AND
That portion of that certain 12 foot North-South Alley lying between Block 1 and Block 2
as recorded in the Plat of DUPONT ADDITION, in Plat Book 13 at Page 56 of the Public
Records of Miami -Dade County, and more particularly described as follows:
That portion of the 12.00 foot North-South Alley, aforementioned, adjacent to said Lot 44
as above described, and lying between the Easterly extension of the North boundary line
of said Lot 44 and the Northerly right of way line of NE 70 Street, and lying between the
East line of said Block 2 and the West line of Block 1 of said DUPONT ADDITION.
All of the above containing 7062 square feet, or 0.16 acres, more or less.
From R-3 to C-1 with SD -29 Overlay:
Lot 1, Block 1 of DUPONT ADDITION, according to the Plat thereof, as recorded in
Plat Book 13 at Page 56 of the Public Records of Miami -Dade County, Florida.
AND
That portion of that certain 12 foot North-South Alley lying between Block 1 and Block 2
as recorded in the Plat of DUPONT ADDITION, in Plat Book 13 at Page 56 of the Public
Records of Miami -Dade County, and more particularly described as follows:
That portion of the 12.00 foot North-South Alley, aforementioned, adjacent to said Lot 1
as above described, and lying between the Easterly extension of the South boundary line
of said Lot 1 and the South right of way line of NE 71 Street, and between the East line
of said Block 2 and the West line of Block 1 of said DUPONT ADDITION.
All of the above containing 6402 square feet, or 0.15 acres, more or less.
Record and Return to:
'Title Tech, LLCtJ
941 N. 73rd Avenue
Hollywood, FL 33024
954-981-6022
4jot 0- -3113--051 -ot ate
Prepared by and return to:
ANA MARIA ANGULO
5975 Sunset Drive Suite 503
South Miami, FL 33143
File Number: S-DUBOIS-PNR
Above This Line For Recording
Warranty Deed
CFN 200-4-R09094-69
OR BI: 22738 Fs 1069; (Ips)
RECORDED 10/18/2004 08:51:13
DEED DOC TAX 1,860.00
SURTAX 1x395.00
HARVEY RUVIN? CLERK OF COURT
MIAMI-DADE COUNTY? FLORIDA
LAST PAGE
This Warranty Deed made this 7th day of September, 2004 between RAPHAEL GERARD DUBOIS, an
unremarried widower whose post office address is Dubois Shopping Center, Delmas 27-29 Ct., 13, Po Au -Prince, Haiti,
W.I., grantor, anALISANNE PIERRE whose post office address (�_ �t ✓'. ,
grantee 1104id AekS NI(e , k ♦' 6b&nd B m yo 11'LQ� / :PL 3S 02e4
(whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of
individuals, and the successors and assigns of corporations, trusts and trustees)
Witnesseth, that said grantor, for and in consideration of the sum of TEN AND N0/100 DOLLARS ($10.00) and other
good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged,
has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land,
situate, lying and being in Miami -Dade County Florida to -wit:
Lots 7 thru 4, inclusive, in Block 1, Lot 1 less the North 101, in Block 2, and Lot 44, in Block 2, of
DUPONT ADDITION, according to the Plat thereof, as recorded in Plat Book 13, at Page 56, of the
Public Records of Miami -Dade County, Florida.
a/k/a
7010 NE 2nd Avenue (Folio: 01-3113-057-0020)
7012 NE 2nd Avenue (Folio: 01-3113-057-0010)
190 NE 71st Street (Folio: 01-3113-057-0050)
185 NE 70th Steel (Folio: 01-3113-057-0400)
Parcel Identification Number:
Sb12er warrants and represents that he and SOLANGE LACROIX IIJBOIS whse continuously
married to one another fron a time prior to the time in which they took titles t� ub
the date of her death which was on February 9, 1998. SJ et
SUBJECT TO: Taxes for the year 2004 and subsequent years. Conditions, Restrictions, Dedications, Covenants and prop
Easements of record.
Together with all the tenements, bereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold, the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the
grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said
land and will defend the- same against the lawful claims of all persons whomsoever; and that said land is free of all
encumbrances, except taxes accruing subsequent to December 31, 2003.
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written,
Signed, sealed and delivered in our presence:,G
_(Seal)
Witness Name; _M A&AI-V CADIC Hu HAEL GERARD DUBOIS
Witness Name: J* ue
Republic of Haiti p '
City of PO R.'r4"/`tJ `r I f
The foregoing instrument was acknowledged before me this 0 day of September, 2004 by RAPHAEL GERARD
DUBOIS, who [j is personally known or [X) has produced a driver's license as identifieatio
rite
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LOCATION SKIM
PORTION OF THE NE 114 OF
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T14g1 COIYIONNAUE WTAWALNMW OIATETER SPPEW HEIGHT
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SEC. 13, TM. 53 S, RGE 41 E
SCALE 1•-3W
JOSE E. FUXA, PSM
7666 SW 98TH STREET, MIAMI, FL 33155
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SEC. 13, TM. 53 S, RGE 41 E
SCALE 1•-3W
JOSE E. FUXA, PSM
7666 SW 98TH STREET, MIAMI, FL 33155
OFFICE 306.261-724�0paFgA,X 3062A1,28{7EAWLIsfu ced.Oom
Iha'Md.1/MIM.eI/d/dM1rdWrbwOfs,dwaKM PIKdbd.a.�a m!V
Y�rM�iYW~JYW�Irb:,n/blb s.red WnnAd.Yodx,dnbral4rale�..Rd1Y
ea.erra,..rr w.nra.,w�`:r o.orr mem.d arrnbndlbdr err
baRoaNW
s
.a..arar.r.q
tgrvela s lar rormwoewmay.r,laraeow.xmvlm