HomeMy WebLinkAboutApplication & Supporting DocsHEARING BOARDS
444 SW 2nd Avenue, 7t" Floor • Miami, Florida 33130
Telephone 305-416-2030 • Fax 305-416-2035
www,miamigov.com/hearing boards
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Planning Designee Initial & Date
AMENDMENT TO THE ZONING ATLAS AND/OR OVERLAY DISTRICT
Welcome to Hearing Boards! This application is intended to serve as a guide in assisting you with our public
hearing process, Please feel free to contact us at the number above, should you have any questions.
The deadline to file the complete application with supporting documents is the first five working days of
each month from 8:00 am until 3:00 pm, except on the fifth day, at 12:00 pm. The application
submittal date is the date stamped by Hearing Boards' staff on this page. 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 application
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. Should you
wish, you could bring the materials to our office for review before the deadline to ensure completeness.
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. All documents, reports, studies,
exhibits (8'/2 x11 ") or other materials submitted during this process will be kept as part of the record.
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.
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.
Copies of City Commission resolutions and ordinances 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. 12-16-08
Please refer to Article 22 of the Miami Zoning Ordinance for Amendment information. k
1. Applicant name(s): Jorge A. Lima, Esq. on behalf of Madrid Restaurant, Inc.
2. Subject property address(es) and folio number(s): 3681 & 3679 SW 25" Street / Folio No.
01-4116-015-1760 & 01-4116-015-1750
3. Present zoning designation(s): R-2
Statement as to why the present zoning designation is inappropriate:
The Property currently abuts an existing commercial use, specifically a restaurant, to the
west under common ownership. The present zoning designation does not permit the proposed
surface parking use on the Property, intended to serve the restaurant.
4. Future zoning designation(s): C-1
Statement as to why the proposed zoning designation is appropriate:
The Property is immediately abutted on the west by C-1 zoned properties and is currently
permitted to provide surface parking on the western 40 feet of the Property, pursuant to a
conditional use approval that was granted in 1977. This request to extend the C-1 zoning to
include the Property is in harmony with the established land use pattern in the area, which has
areas of extended C-1 zoning similar to what the applicant is requesting in order to serve the
commercial uses along SW 37" Avenue. Here, the proposed rezoning would permit the
continued use of surface parking on the western half of the Property and extend the use to the
entire Property, to serve the existing restaurant on the west. The request is related to the
adiacent districts, is in scale with the neighborhood, positively influences living conditions in the
area as it will provide more on-site accommodation of restaurant traffic and serve as an
appropriate transition use between the residential uses on the east of the Property with the
existing commercial uses on the west.
5. Obtain signature or initial and date by the Planning Department designee prior to submittal.
6. Two (2) 11 x17" original and one (1) 8 '/2 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.
7. The subject property(ies) cannot have any open code enforcement/lien violations.
8. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable.
9. At least two photographs showing the entire property showing land and improvements.
10. A clear and legible copy of the recorded warranty deed and tax forms of the most current year
showing the present owner(s) and legal description of the property.
11. A clear and legible copy of the subject property address(es) and legal description(s) on a
separate sheet, labeled as "Exhibit A", to match with the current survey's legal description.
12. Original Disclosure of Consideration Provided or Committed for Agreement to Support or
Withhold Objection Affidavit.
2 Rev. 12-16-08
13. Original Public School Concurrency Management System Entered Requirements form (page 4
of the attached packet).
14, Certified list of owners of real estate within 500 feet of the subject property (see pages 7 and 8).
15. For all corporations and partnerships indicated:
a) Articles of Incorporation;
b) Certificate from Tallahassee showing good standing, less than one (1) year old;
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. What is the acreage of the project/property site? 9,600 square feet / ±0.22 acre
17. What is the purpose of this application/nature of proposed use? The extension of the
existing commercial zoning designation from the west on to the Property would permit the
expansion of the surface parking use to serve the existing restaurant on the west of the
Property. The proposed surface parking would serve the restaurant and provide for better on-
site accommodation of business traffic to the restaurant. The use of the Property would be
limited to the proposed surface parking use.
18. 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.
19. Is the property within the boundaries of an Environmental Preservation District? Please contact
the Planning Department on the 3rd Floor for information. No.
20. 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 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 Page Follows]
3 Rev. 12-16-08
Signatu
Name
Telephc
Address 701 Brickell Avenue, Ste. 3000
Miami, FL 33131
E-mailiorge.lima anhklaw.com
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this q day of 11 orl.
2009, byOtae
A.._Lima,�Escj.o is an agent of Madrid Restaurant, Inc.
He/She inally knowr whohas produced as identification
(did not) .—
"'� PAMELA JACKSON
(Stamp•' '=
_ B MY COMMISSION # DD 478385�.. a;€ EXPIRES; December 17, 2009
Owdod Tnru Nothry PON Underwrftere
Sigaiture
a corporation.
and who did
4 Rev. 12-16-08
JOINT CONSENT OF THE SOLE SHAREHOLDER
AND DIRECTOR OF
MADRID RESTAURANT, INC.
The undersigned being the sole shareholder and director of Madrid Restaurant, Inc.,
a Florida corporation (the "Corporation"), hereby consents to, approves and adopts the
following:
RESOLVED, that the Corporation is authorized and directed to
request a rezoning of two (2) lots owned by the Corporation located at
3679 and 3681 S.W. 25th Street in the City of Miami, Florida and
described as Lots 31 and 32 in Block 6 of Silver Bluff Homesites, Plat
Book 8, Page 101, public records of Miami -Dade County, Florida, to
permit use of such lots as parking for the property also owned by the
Corporation which is located adjacent to such lots at 2475 S.W. 37tt,
Avenue in the City of Miami, Florida and consists of three (3) lots
described as Lots 33, 34 and 35 in Block 6 of Silver Bluff Homesites, Plat
Book 8, Page 101, public records of Miami -Dade County, Florida; and
FURTHER RESOLVED, that Juan Lata, as President of the
Corporation, is hereby authorized and directed in the name of the
Corporation to take such actions and execute and deliver such documents
As he may in his discretion deem appropriate to obtain the rezoning of the
aforementioned two (2) lots to be used for parking for the property
adjacent thereto.
Adopted Sepfomber 30,
Sole shareholder and director
SAClients\Juan Lata\MadridRestaurant\Company Resolution.doc
AFFIDAVIT OF AUTHORITY TO ACT
Before me this day, the undersigned personally appeared Jorge A. Lima, Esq.,
who being by me first deposes and says:
1. That he/she is the owner or the legal representative of the owner, submitting the public
hearing application as required by the Code of the City of Miami, Florida, affecting the
real property located in the City of Miami, as listed on the foregoing pages.
2. That all owners who he/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, 0 including or
❑ not including responses to day to day staff inquires.
3. That the foregoing and following pages are part of this affidavit and contain the current
names, mailing addresses, telephone numbers and legal descriptions of the real
property of which he/she is the owner or legal representative.
4. That the facts, as represented in the application and documents submitted in
conjunction with this affidavit, are true and correct.
Further Affiant sayeth not.
Jorge A. Lima, Esq.
Applicant(s) Name
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this 4 day of 00\t.
2009, by Jorge A. Lima, Esq. who is an agent of Madrid Restaurant, Inc. a
��.eR
corporation. He/She i� personally known to me r who has produced as
identification and who did (did not) take an oath.
o1h"Y'Pua N PAMELAJACKSON
(Stamp i _*;: ; " MY COMMISSION 8 DD 478385 � 1
7 a; EXPIRES; December 17, 2009
ktnndod Thru Nolary Public Underwriters
WW W'A"sro� ga•"{Rkn" z ga me; ,Mwv w.wera<f;•='m':^xn. _ .9x..iw•-�
Si ature -
5 Rev. 12-16-08
DISCLOSURE OF OWNERSHIP
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 necessary.
Owner's Name(es) Madrid Restaurant, Inc.
Shareholder's Name
Percentage of Ownership
Mr. Juan Lata
100%
Subject Property Address(es) 3681 & 3679 SW 25th Street, Miami, Florida
2. List all street address(es) and legal description(s) of any property located within 500 feet
of the subject property owned by any and all parties listed in question #1 above. Please
supply additional lists, if necessary.
Street Address(es):
2475 SW 37th Avenue, Miami, FL
Jorge A. Lima, Esq.
Owner(s) or Attorney Name
Legal Description(s):
Lots 33-35 in Block 6 of Silver Bluff
Homesites, according to the Plat
thereof, recorded in Plat Book 8 at
Page 101 of the Public Records of
Miami -Dade County, Florida.
6 Rev. 12-16-08
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this day of Woo
2009, by Jorge A. Lima Es who is an agent of Madrid Restaurant, Inc.
corporation. He/She i ersonally known to W,, r who has produced as
identification and who did I nota take arzath.
ti Pyr, PAMELA JACKSON
Stam MY COMMISSION # DD 478386
p) •, EXPIRES; December 17, 2009
%y 45���
Bonded ThruNotary POW Underwriters
MEN. �s
Rev. 12-16-08
EXHIBIT "A"
Legal Descriptio
Lots 31 and 32 in Block 6 of Silver Bluff Homesites, according to the Plat
recorded 'M Plat Book 8, Page 101, Public Records of Miami -Dade
County, Florida (the "Property").
property Appralisers Parcel I.D. No,,- 01-4116-015-1760 and 01-.4116-015-1750
:45epartmPnt of -Okttfp
I certify from the records of this office that MADRID RESTAURANT INC, is a
corporation organized under the laws of the State of Florida, filed on
July 23, 1969.
The document number of this corporation is 349758.
I further certify that said corporation has paid all fees due this office through
December 31, 2009, that its most recent annual report/uniform business report
was filed on April 3, 2009, and its status is active.
I further certify that said corporation has not filed Articles of Dissolution.
CR2EO22 (01-07)
Given under my hand and the
Great Seal of the State of Florida
at Tallahassee, the Capitol, this the
Thirtieth day of September, 2009
f �x�aw
,Sexx 4aq of ifafe
,�I Illlil Ilill 11111 VIII IIIA Illll Illi! 11111111
Ftpta� J r ri 1 341-:
OR Bk 24961 Pss 2365 _ 3buP �:2pss?
RECORDED 09/29/2006 15:41:24
DEED DOC TAX 0.60
SURTAX 0.45
HARVEY RUVINr CLERK OF COURT
MIMI-DARE COUHTYr FLORIDA
Special Warranty Deed
THIS SPECIAL WARRANTY DEED is made by Juan Lata ( "Grantor") whose
address is 516 Catalonia Avenue, Coral Gables, Florida 33134-6533, to Madrid Restaurant, Inc.,
a Florida corporation ("Grantee") whose address is 516 Catalonia Avenue, Coral Gables, Florida
33134-6533.
For valuable consideration paid to Grantor by Grantee the receipt and sufficiency
of which is hereby acknowledged, Grantor hereby grants, bargains, sells and conveys to Grantee
and Grantee's successors and assigns forever, the land described as:
Lots 31 and 32 in Block 6 of Silver Bluff Homesites, according to the Plat
recorded in Plat Book 8, Page 101, Public Records of Miami -Dade
County, Florida (the "Property").
Property Appraiser's Parcel I.D. No.: 01-4116-015-1760 and 01-4116-015-1750
This conveyance is subject to real property taxes for the year 2006 and subsequent
years and agreements, conditions and restrictions of record which are not reimposed by this deed.
Grantor hereby fully warrants the title to the Property and will defend it against the lawful claims
of all persons claiming by, through or under Grantor, but against none other. Grantor further
warrants that the Property is not his homestead or adjacent thereto.
Witnecsew
Page 1 of 2
Book24961/Page2365 CFN#20061051343 Page 1 of 2
OR BK 24961 PG 2366
L -AST PAGE
A I
I
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Acknowledged before me this — day of September, 2006 by Juan Lata, who is
personally known to me or produced a driver license issued by the Florida Department of
Highway Safety and Motor Vehicles as identification.
Prepared by:
Jose A. Bolafios, Esq.
2121 Ponce de Leon Blvd., Suite 600
Coral Gables, Florida 33134
305-567-0424
S;\Clienis\luan Lata\SpecialWD.doe
Print
Page 2 of 2
r
.Y PUBLIC, STATE OF FLORIDA
sion No./Exp.:
var + Nom tary�state of Florida
+P ion A solanos
My COMMMIon OD4340
or ExplresOVW12009
Book24961/Page2366 CFN#20061051343 Page 2 of 2
CITY OFMIAMI
DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO
Fi;ov�o4`� 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 Seo. 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: Juan Lata
(FirstName) (Middle) (Last Name
HOME ADDRESS: 516 Catalonia Avenue
(Address Line )
(Address Line
CITY:
Coral Gables STATE: Florida ZIP: 33134
HOME PHONE:
EMAIL:
CELL PHONE:
BUSSINESS or APPLICANT or ENTITY NAME
FAX:
Madrid Restaurant, Inc.
BUSINESS ADDRESS: Same as above.
(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.
Seeking an amendment to the City's Neighborhood Plan and a Rezoning for the properties
located at 3681 & 3679 SW 25th Street in the City of Miami.
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 action?
YES 0
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.
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.
N ZIA—
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. the application or order, as applicable, shall be deemed void without further force or
effect; and
2. no application from any person or2entityfthe same issueshall be reviewed or
considered by the applicable board(sation a perio one year after the
nullification of the application or orde
PERSON SUBMITTING DISCLOSURE:
g a ure
Juan Lata
Print Name
Sworn to and subscribed before me this day of 4e V- 200 C( . The.foregoing
instrument was acknowledged before me by .-`u A to L. Pt -T who has produced
as identification and/or Is personally known to me and wCoe td/ Id not take an oath.
STATE OF FLORIDA n
CITY OF MIAMI
MY COMMISSION Notary
EXPI
IF
04 1+
No
Public State `10Se A . � bL A �
Jose A Bolanos Prmt Name
Isnclos t �oK My Oommission Ob892482
Doc. No.:86543 �h d' Expires 07/17/2013 Page 2