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HomeMy WebLinkAboutApplication & Supp DocsIto go HEARING BOARDS 444 SW el Avenue, 7th Floor + Miami, Florida 33130 Telephone 305-416-2030 • Fax 305-416-2035 APPLICATION TO AMEND THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 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. APPLICANTS ARE RESPONSIBLE, IF NEEDED, TO BRING AN INTERPRETER FOR THE ENGLISH LANGUAGE TO ANY PRESENTATION BEFORE CITY BOARDS, COMMITTEES AND THE CITY COMMISSION. 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. THIS APPLICATION MUST BE TYPEWRITTEN AND SIGNED IN BLACK INK. IT WILL BE ACCEPTED ONLY THE FIRST SEVEN (7) DAYS OF THE MONTH FROM 8:00 AM UNTIL 3:30 PM. 1. Section 62-32 of the Code of the City of Miami, periodic review of the adopted comprehensive plan and adoption of evaluation and appraisal report reads as follows: (a) Periodically, but not less often than once in five years or more often than once in two years, the comprehensive plan shall be reviewed, evaluated and appraised by the planning advisory board to determine whether changes in the amount, kind or direction of development and growth of the city or area thereof, or other reasons, make it necessary or beneficial to make additions or amendments to the comprehensive plan. The Planning and Zoning Department shall prepare an evaluation and appraisal report for the planning advisory board which shall evaluate the comprehensive plan pertaining to the major problems of development, physical deterioration and the location of land uses and the social and economic effects of such uses; the status of each element of the comprehensive plan; the objectives of the comprehensive plan compared to actual results and the extent to which unanticipated and unforeseen problems and opportunities occurred; all as compared between the date of adoption and the date of the report. The report shall suggest that changes needed to update the comprehensive plan including reformulated objectives, policies and standards, (b) The planning advisory board may recommend the report as presented, modify the report or reject the report in duly noticed public hearing pursuant to the procedures in Section 62-31. (c) The city commission shall adopt, or adopt with changes, the report or portions thereof by resolution in public hearing within 90 days after the planning advisory board date of recommendation. The city commission shall thereafter amend the comprehensive plan based on the recommendation in the evaluation and appraisal report. Adoption of the report and recommended amendments to the plan may be made simultaneously Rev. 12/26/02 • • pursuant to section 62-31 or if not simultaneous, the evaluation and appraisal report shall contain a schedule for adoption of the recommended amendments within one year. See also Article 22 of the Zoning Ordinance. 2. Two 11x17" original current surveys, prepared by a State of Florida Registered Land Surveyor within six months from the date of application. 3. An 8 1, x11" copy of all exhibits that will be presented at the hearing shall be attached to this application. 4. Affidavit and disclosure of ownership of subject property and disclosure of interest (see attached form). 5. Complete application should be reviewed and initialed by Planning and Zoning designee prior to submittal. 6. Cost of processing, according to the City Code: Conservation, recreation, residential single-family duplex $ 300.00 Residential medium density multifamily $ 450.00 Residential high -density multifamily, office, major public facilities, transportation/utilities $ 550.00 Commercial/restricted, commercial/general and industrial $ 650.00 Commercial (CBD) $ 1,200.00 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 7. This petition is proposed by: ( ) Planning and Zoning Department ( X) Other (please specify): owner 8. The subject property is located at: 900/2940s . w. _28 LN Folio number: 01 411 603 800 10 , 01-4116-038-0020, 01-4116-038-0230 AND MORE PARTICULARLY DESCRIBED AS: Lot(s) Block(s) ( SEE ATTACHED) Subdivision Rev. 12/26/02 2 or 9. The undersigned being the owner or the representative of the owner, of the subject property do(es) respectfully request the approval of the City of Miami for the following amendment(s) to the Miami Comprehensive Neighborhood Plan for the above -described property as indicated in the Land Use Plan: FROM: (I) Industrial__ TO: (C-1),Restricted Commercial 10. Please supply a statement indicating why you think the existing plan designation is inappropriate: The area's development has been in the residential/commercial uses and little to no new or existing uses is of industrial nature. The future of the area is more of a residential and neighborhood commercial nature. The introduction of any Industrial use may jeopardize the well established surrounding residential neighborhood and may harm the existing commercial corridor which exists leading into Coconut Grove. 11. Please supply a statement justifying your request to change the plan to your requested plan designation. The requested designation of . restricted Commercial is compatible with the surrounding area and it clearly sets the correct path for the areas development. 12. What is the acreage of the property being requested for a change in plan designation? .0869 acres 13. Has the designation of this property been changed in the last year? No 14. Do you own any other property within 200 feet of the subject property? YES If yes, has this other property been granted a change in plan designation within the last twelve months? NO 15. Have you made a companion application for a change of zoning for the subject property with the Hearing Boards Division? YES 16. Have you filed with the Hearing Boards Division a(n): • Owner's list form? YES • Affidavit of ownership, YES • Disclosure of ownership form? YES • List of owners of property within 500 feet of the subject property? YES If not, please supply them. Rev. 12/26/02 3 • 17. Is the property within the boundaries of a historic site, historic district or archeological zone designated pursuant to Chapter 23 of the Miami City Code? 18. Is the property within the boundaries of an Environmental Preservation District designated pursuant to Chapter 17 of the Miami City Code? 19. What is the purpose of this amendment? To develop the land in harmony with the surrounding uses. Rev. 12/26/02 Signature Carlos RU'd on behalf of Name Address 2900 S.W. 28th LN Miami, FL 33133 Telephone (305) 441-2242 Date 3/31/03 4 BorreAnY 'TrlAT q . Lnr+- STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of 20 , by who is an individual personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 31 stday of March 20 03 , by Carlos Rua Of Bordeaux Towers Inc, a Florida corporation, on behalf of the corporation. He/She is personally known to me or has produced Drivers License as identification and did (did no take an oath. (Stamp) STATE OF FLORIDA COUNTY OF MIAMI-DADE Ci Pr- A�B(i O AIDALMO fEASUDO.ignature 2 RY * COMMISSION BP MYCOMM OF - - FEB. 0,2 The foregoing instrument was acknowledged before me this 20 ,by behalf of day of partner (or agent) on , a partnership. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Signature Rev. 12/26/02 AFFIDAVIT Before me, the undersigned authority, this day personally appeared Carlos Rua , who being by me first deposes and says: 1. That he/she is the owner, or 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 which he/she represents, If any, have given their 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 accompanying petition, ® including responding to day to day staff inquires; ❑ not including responding to day to day staff inquiries in which case he/she should be contacted at ( 305)441-224.2 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 owner or legal representative, 4. The facts as represented in the appllcation and documents submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. Carlos Rua on behalf of Bordeaux Towers Inc. Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE Applicant Signa re The foregoing instrument was acknowledged before me this 31st clay of March 20 03 , by Carlos Rua mnwara lnr• a Florida corporation, on behalf of the corporation. He/S - - — Ily known to me or has produced Drivers License as identific (did not) take an oath. of Bordeaux (Stamp) Rev, 12/05/01 • OWNER'S LIST Owner's Name Bordeaux Towers Inc. Mailing Address 2900 S.W. 28th LN Zip Code 33133 Telephone Number (305) 441-2242 Legal Description: (SEE ATTACHED) Owner's Name Mailing Address Zip Code Telephone Number Legal Description: Owner's Name Mailing Address Zip Code Telephone Number Legal Description: Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 500 feet of the subject site is listed as follows: Street Address Legal Description 2966 S.W. 27 LN SYLVANMERE RE -SUB PB Miami, FL 33133 41-29 LOT 2 BLK 6 Street Address Legal Description Street Address Legal Description Rev, 12/26/02 4 • • DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: 2900 S.W. 28 LN (SEE ATTACHED) 2. Owner(s) of subject real property and percentage of ownership. Note: 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. Owner Bordeaux Towers Inc. 100% 2900 s.w.28 ln. Mia.F1.33133 Carlos Rua owner,Director,President,Secretary 100% 2401 Anderson Rd. Coral Gables Fl. 33134 Apt.19 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 500 feet of the subject real property. See OWNER'S LIST on page 4. Carlos Rua on behalf of Bordeaux Towers Inc. Owner or Attorney for Owner Name STATE OF FLORIDA COUNTY OF MIAMI-DADE ner or Attorney for Owner Signature The foregoing instrument was acknowledged before me this 31 st day of March 20 03 , by Carlos Rua of Bordeaux Towers Inc. a Florida corporation, on behalf of the corporation, He/She is personally known to me or has produced Drivers License as identification a'd (di not) take an oath. (Stamp) Rev. 12/05/01 • • LEGAL DESCRIPTION: PARCEL 1: Lots 1 through 10, inclusive and the East 5 feet of Lot 11, and the East 5 feet of Lot 30 and all of Lots 31 and 32, all in Block 7, COMMERCIAL SILVER BLUFF SECTION 2, according to the Plat thereof as filed Plat Book 28, page 20 of the Public Records of Miami —Dade County, Florida. PARCEL 2: Tract "B" of COCONUT GROVE STATION, according to the Plat thereof as filed in Plat " Book 127, page 84 of the Public Records of Miami —Dade County, Florida, also know as: A portion SW 28th Lane in the City of Miami, adjacent to Block 7, COMMERCIAL SILVER BLUFF SECTION 2, according to the plat thereof as filed in Piot Book 28, page 20 of the Public Records of Miami —Dade County, Florida, being more particularly described as follows: Commence at the Southeast corner of said Block 7; thence NO2°20'37"W along the East line of said Block 7 for 116.66 feet to the POINT OF BEGINNING of the herein described portion of land; thence continue NO2'20'37" W , along the Northerly prolongation of said East line for 50.88 feet to the Beginning of a curve, concave to the Southwest and having a radius of 22.00 feet; thence Northerly and Northwesterly 34.46 feet along the arc of said curve through a central angle of 89°44'19" to a point of tangency; thence S87°55'04"W for 46.83 feet to the beginning of a curve concave to the Southeast having a radius of 25.00 feet; thence Southwesterly and Southerly 39.27 feet along the arc of said curve through a central angle of 90°00'00" to a point of tangency; thence S02'04'56"E for 43.53 feet to the beginning of a curve, concave to the Northwest having a radius of 25.00 feet; thence Southerly and Southwesterly 30.45 feet along the arc of said Curve through a central angle of 69`47'27" to a point of cusp of the North line of said Block 7; thence N67°42'31 "E along said North line for 96.16 feet to the beginning of a curve, concave to the Southwest and having a radius of 15.00 feet; thence Southeasterly and Southerly 28.78 feet along the arc of said curve through a central angle of 109°56'53" to a point of cusp with a tangent line said point being the POINT OF BEGINNING. Containing an area of 37,868.08 square feet or 0,869 acres more or less. • rxrnwl by ■nri mtnrn tn. Rafael Fabian Rafael Fabian PA,10281 sW 71"l strict suite 106 14Jtlaml, Florida 33173 Corporate Resolution IT IS HEREBY CERTIFIED, that Carlos R. Rua, as the sole Director of Bordeaux Towers, Inc„ a Florida Corporation, (hereinafter referred to as the "Corporation"), and that the following is a true copy of a resolution duly adopted by the Board of Directors of the Corporation on the Mat day of March, 2003, at a special meeting of the Board of Directors of the Corporation. as its principal place of business in Miami, Miami -Dade County, Florida, at which meeting e majority of the Directors of the Corporation were personally present and attending, and fluffier that such resolution is in conformity with the Articles of Incorporation and By -Laws of the Corporation and is in full force and effect on the date hereof, and has not been modified or rescinded: BE IT RESOLVED by the Board of Directors of Bordeaux Towers, Inc., a Florida Corporation as follows: RESOLVED, the board of directors of Bordeaux Towers, Ins,, a Florida Corporation do approve the application for rezoning of the property located at: 2900 SW 28a' Lane, Miami, Florida 33133; FURTHER RESOLVED that Carlos R. Rua, as the sole Director is hereby authorized to execute any and all documents that may be requested by any governmental entity, including but not limited to the City of Miami and Miami -Dade County, so as to complete the rezoning of said proPerty FURTHER RESOLVED, that the Director of this corporation is directed to present this resolution to the shareholders of the corporation at a special meeting of the shareholders called for that purpose; FURTHER RESOLVED, the secretary of the corporation is directed to prepare such certified copies of this resolution as may be required by the all governmental entities as part of the rezoning process. IN WITNESS WHEREOF, I have hereunto set my hand and seals as Director/President of Bordeaux Towers, Inc. and affixed the corporate seal of the Corporation hereto this 31st day of March, 2003. Signed, sealed and delivered in our presence, STAtB'OF FLORIDA COUNTY OF MIAMI.DADE The foregoing instrument was acknowledged before me this 3lst day of March, 2003, by Carlos R. Rua. Personally Known OR Produced Iden Type of Identification Produced Drivers L i c (SEAL) 003 11:03 FROM-RUSSO & BAKER PA 3054766383 T-636 P.001/0OT F-881 This inetrunent prepared by't UM P. RWEi, seeds• 400 sanhhtlentic building 60 2.W, Pinot street Amnia Florida 22110 (105) 372-1144 mau 1 r Y.. pum. • TUTS wax bRED made this„ day of February, 5.001, A,a. by mathift= ) %AZDii8 r herein. alter celled the grantor to 1101Wthtta TOWMA1, 3 .. ae, Florida corporation whose paet •tiiae VatrIt hares ter Ga led he grantee (Wherever used herein in the herein the terms ugrantoru and °grantwo inewde ell the parties to this instrument and the bases, l,e$al x+apreeentativele and assigns of individuals, and the suoe:eaesore and aasigre3 of crarporazione) . WOZWASSITBI That the grantors', for and it conei.deration of the sum of 21O.00 and other valuable oonsi.eiera,tiares, receipt Of which is hereby acknowledged, hereby grants, beKxgiaains, sills, alien., remises, vat:amen, cdfvaya and confi,rtl'9 unto the grantee, all that certain land e ituate in Dada County, Florida, vit e ha e:e. a 1/2 interest in the Emit 51 of hots 30, ' 3y, and )2, in Block 7 of cows kC:AID smvta n um Notion Two, according to the Plat thereof, as recorded in Plat Rook 28, ac Use 20, of the Public Reocrd. of Asada County, Florida. (.1,tie, r9eg 4 i i. 1 .1 rL:I A:it.:, l F,�' �,'dt ,•lU14r1l }L T71X ?Q14C NQ. t at242CT To' Taxes for the year 1593 and subsequent yearns, restriction., reservations, limitations, eateemeilti of reoord, aaxd applicable zoning ordinanceea, if any. TodsDX1X with all they tenements, hereditament and appurtanancsa thereto belonging or in aanywtee appertaining. TO SAVE AND TO ROW, the aamea in tea simple forever. OD the grantors hereby covenant with said grantee that the grantors Are 3awf'utl.y 2(d:dad of maid land in fee •i.m Tar that the grantors have gOad right and lawful authority to mall And convoy said /and; that the grantors hereby fully wgri ae>t Ow title tO maid .,• �1.. •• ti.•..11�F.•-r.•q« ...�.�- .. Ire • . . °I J . 1.1� . }� wj W/�'�1 + ' r , . ,.qv ,....r• } e R . • e7 411•4n++r1i'+W.M%i)$.M'ft.,la wl.0..►+Y daWilt gybu+n,.. 40.1.0101. S I i �'1. 1 I I 003 11:04 FROM-RUSSO & BAKER PA 3054708383 T-336 P.002/OOT F-881 111/ at; 179 366 Land and will defend t.ha same against the Lawful o ldwims of all ersona whomsoever? and that paid land ie free of all encrxnbranosa, except taxes accruing subsequent to 1097. my w Twmae wassmor, the amid grantor* have signed and aaaled phase presence the day and year tint above written. I gag «aea�ar� jlbd delivered us' *Let ITATE OF rLoxim rO SNTY OP DAUB SS. ACC ?NPiHp Ii4 enwhit i11R'pmmni Yoon 1 Aid, •,MI. ni,41.1n N1 ILWi1.i',ono P.' HAh'E'i HUldN fobetliti K' ,1rur!'g 1r The foregoing A.netrument wa+ acknowledged before ma chte icy of February; 1956, by . r CoLK D✓ii1, who i Sarso44 y moiro to me or who has praduaad is identification. tyr Commission Expires S4 �,AY l•nu+�iillrw ?t Q'Pob�1evcvrPl4ndo ti (4trtIMW4141114 CV St Mai i! rda A4yCoewiyion'Imp, LIVICC1 1..12N Th7r ii1 F.. H4111 f+'e• d ri 1,101.110. n gta at Lori • ri at rge Print Name' I,* ` H1.45E , 4 A . • . , , , it,. 5 ,I ` 1,1 (+u4v1Mo w ..r.. ••.M%'VC WM,.y.rnyu''ti: rr, �. 1^. W. r� u r �r.7�r.. rri . 1 r. 1r '• ' r . w 1k ^4w,; ima.* Ti m '.'