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HomeMy WebLinkAboutApplication & Supp Docs• • OFFICE OF HEARING BOARDS 444 SW 2nd 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 BY THIS OFFICE 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. 10/01/02 • • 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. (Attached) 3. An 81/2 x11" copy of all exhibits that will be presented at the hearing shall be attached to this application. (Attached) 4. Affidavit and disclosure of ownership of subject property and disclosure of interest (see attached form). (Attached) 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 ( ) Other (please specify): 8. The subject property is located at: Approximately 1730-1742 S.W. 7 Street Folio number: 01-4103-026-0320 AND MORE PARTICULARLY DESCRIBED AS: Lot(s) 9,10,11,12. less the North 5 Feet Block(s) 2 Subdivision Amended Plat of Lawn View Rev. 10/01 rot 2 • • 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: Medium Density Multifamily Residential TO: Restricted Commercial 10. Please supply a statement indicating why you think the existing plan designation is inappropriate: The lots applicable to this application have a designation that is different from the abutting properties to the South and East. This request will allow for a developer to design a project that would be compatible with the area and enhance the existing conditions of the neighborhood. A larger lot would allow for a well thought out design for this neighborhood. This request is exactly what infill development objective is promoting. The City of Miami Comprehensive Neighborhood Plan, Goals, Objectives and Policies states in Objective LU- 1.2, Promote the redevelopment and revitalization of blighted, declining or threatened residential, commercial and industrial areas. This area is an older area where there has been a decline in the characteristics of a beautiful neighborhood. Policy LU-1.2.1 states that ....Neighborhoods threatened with decline are defined as areas characterized significant but infrequent property maintenance neglect, an aging housing stock, declining property values, general exodus of traditional residents and influx of lower income households. This land use amendment will further promote these policies and allow for a development that will revitalize the neighborhood. 11. Please supply a statement justifying your request to change the plan to your requested plan designation. The City of Miami Comprehensive Neighborhood Plan, Goals, Objectives and Policies places highest priority to protecting neighborhoods threatened with declining conditions and second with reversing trends in declining areas (Policy LU 1.2.3) This land use request will promote new development in the area thereby protecting the neighborhood from further decay and blight. A larger lot would allow for a well thought out design for this neighborhood. This request is exactly what infill development objective is promoting. The City of Miami Comprehensive Neighborhood Plan, Goals, Objectives and Policies states in Objective LU-1.2, Promote the redevelopment and revitalization of blighted, declining or threatened residential, commercial and industrial areas. This area is an older area where there has been a decline in the characteristics of a beautiful neighborhood. Policy LU-1.2.1 states that ....Neighborhoods threatened with decline are defined as areas characterized significant but infrequent property maintenance neglect, an aging housing stock, declining property values, general exodus of traditional residents and influx of lower income households. This land use amendment will further promote these policies and allow for a development that will revitalize the neighborhood. Rev. 10/01/02 3 • • 12. What is the acreage of the property being requested for a change in plan designation? 13,500 Square Feet equals 0.31 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. 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? No 18. Is the property within the boundaries of an Environmental Preservation District designated pursuant to Chapter 17 of the Miami City Code? No 19. What is the purpose of this amendment? To amend the land use designation from Medium Density Multifamily Residential to Restricted Commercial Rev. 10/01/02 Signature Name Gloria M. Vela au Address 1221 Brickell Avenue Miami, Florida 33131 Telephone (305) 579-0603 Date June 6. 2003 4 The foregoing instrument was acknowledged before me this ��-I- day of • �i 20 - , by [: !G, C /14? who is an individual e s nail knownJame or who has produced as identification and who did (did not) take an oath. (Stamp) OFFibA�.NatARfSEAL MIRRIAM REY NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC885884 MY COMMISSION EXP. NOV. 9,203 Signature STATE OF FLORIDA COUNTY OF MIAM1-DADE The foregoing instrument was acknowledged before me this day of 20 , 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. (Stamp) Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of 20 , by partner (or agent) on behalf of , 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. 10/01102 • • • DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: See attached Exhibit "A" 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. See attached Exhibit "B" 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. None Gloria M. Velazquez Owner or Attorney for Owner Name ner or Attorn '' Owner Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this (fill day of 2003, by Gloria M. Velazauez who is an i divn' idual personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) OFFICIAL MIRIAM R g, NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC386S84 MY COMMON HXP. NOV. 9 ` Signature AFFIDAVIT Before me, the undersigned authority, this day personally appeared Gloria M. Velazquez , who being by me first deposes and says: Rev. 06/04/02 • 1. That 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 an 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 street closure as set out in the accompanying petition, 0 including responding to day to day staff inquires; 0 not including responding to day to day staff inquiries in which case he/she should be contacted at. 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 application and documents submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. Gloria M. Velazquez , `� L7� '' Applicant Name Applicant Signet/re( STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day , U.i)E. of 2003, by Gloria M. Velazquez who is an individual personate known to me or who has produced as identification and who did (dcd not) take an oath, (Stamp) Signature MIRRIAM REY NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC886884 MY COMMISSION EXP. NOV. 9 Rev. 06/04/02 2 • • • EXHIBIT A LAND USE AMENDMENT LEGAL DESCRIPTION Lots 9, 10, 11, 12, LESS the North 5.0 feet thereof, all in Block 2, AMENDED PLAT OF LAWN VIEW, as recorded in Plat Book 3 at Page 164 of the Public Records of Dade County, Florida. • • • EXHIBIT "B" Ownership Disclosure Manuel Vives 100% VILAC, INC. Suite 330, 9990 S.W. 77th Ave. Miami, Florida 33156 June 3, 2003 Michael Lawrence, Trustee C/o Corey B. Collins, Esq. 8433 West Okeechobee Road Hialeah, Florida 33016 Via fax (305) 558-3839 RE: 1730 - 42 SW 7 Street and 1731-35-37 SW 8 Street, Lots 8 to 13 and 41 to 44 inclusive. Block 2, LAWNVIEW, as recorded in PB 3 @ Pg 164 of the public Records of Miami -Dade, Florida. Dear Mr. Lawrence Your are hereby authorized to hire the law firm of Greenberg Traurig, et al to represent yourself and Vilac, Inc. before the City of Miami for the purpose of filing the rezoning and land use amendment application for the above referenced property as per the contract for sale of purchase entered into between us. This includes requesting a change in zoning to C-1 w9ith a SD -14 overlay and a land use amendment to C-1 Restricted Commercial. This permission is given with the express understanding that Vilac, Inc. will have no liability whatsoever for any fees charged by Greenberg Traurig et al for its services or for any costs incurred as a result thereof. Sincerely yours, Vilac, Inc. B Manuel es, President .: � ISIS BHa6FRh:riA tJY COMMISSIOty x CC53074E . EXPIRES: Decernim 10. 2004 Slider} 1bIw Motery Publi4lJneseroorilaft Memo �eaa. to smoom',Two or asp AlO NO VI J L�+'e.) r r r 3 5'c ' 6 ►a.pap App,.l,.n Dual Sioul 4 ll$u A mm n..eumr. Oaloomaitow �I a• J 7 1 g+ ' Y'23e I REC, guI'rCLAIM DEED 96R2C*2546 1496 t1AY 10 11145 00CSTPOEE 360.O0 $ 2TX 270.00 HARVEY RUVIHp CLERK DADE COUNTY. FL THIS QUITCLAIM DEED, Executed this 9th dray of May, 1996 by first party, Manuel J Vives and his wife Margarita R. Vives, whose poet office address is 9651 8 W 123rd Avenue Miami, Florida, to second party, Vilac Inc., whose a post office address is 9651 S W 123rd Avenue Miami. Florida. WITNESSETH, That the said first party. for good consideration and for the sum of S$10.00 paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, release and quitclaim unto the said Second party forever, all the right, title, interest and claim which the said Brat party has in and to the following described parcel of land, and Improvements and appurtenances thereto in the County of Dade, State of Florida to wit: 1730 and 1732 S W 7st.,M:.ami, Florida 33135,_.See schedule "A" hereto attached and by this reference made part. IN WITNESS WHEREOF, The said first party has signed and sealed these preaents+ the day and year first above written. Signed, sealed and delivered in presence of: oP P I fli- Wit, J O ie..a:w STATE OF Florida COUNTY OF Dade 5;-_' y'vY r� ! # } F at Party r r��YC�t1i �� Sec d Fa ty On May 9th, 1996 before me, , personally appeared Manuel J Vives and Margarita R Vives, personally known to me tor proved t to on the basis of satisfactory evidence) to be the persontal whose nar.,eLs: ice/arras subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capa,.i tl• t ilea i , a, ;•r that by his/her/their signature(a) on the insstrumant the peraone), or the entity upon behalf of which the pereonls) acted, executed the instrument. WITNESS my hand,6ind oftigta], seal. Signature ( A,ffiant Known od': * : }Seal) M .M 3v t y�f4',� 'h I3L3 1a f'' i. . 1�'+ ry, i1'. u�.ri.�'•:x..;:., �y:w �'� .':,":N. ... f�,s. _. �4k f. �M , ;,.. i, .ter- J171 1 4 Rq ,i r 1 Lots 9,.10, 11 and 12, Zeis.the North 115 feet thereof, and all of Lots 41, 42, 43 an 44, ix: Block 2, according to t /v tided Plat of LAwN 1fl i, as recorded in Plat some at Page 164, of the Public Beeords of -Dade O iniy, Florida, lass: The South 10 feet of Lots 41 through 44, inclusive, dedicated for street purposes, and less and except the followings Shalt part of lot 9, in S lodt 2, of LAWN VIAL►*, according to the Plat thereof, recorded 3n Plat iobk 3, at Page 164, of the Public Records of Dade Cbanty. Florida described as follows: Begin at a pointen the Fast lire of said Sat 9, 115 feat south of the NE corner thereof, thence rut West along a line parallel with the North line of said Lot, a distance of 4.33 feet; thence South parallel with the Fast line of said lot, a di of 7.18 feet; thence Beast parallel with the Worth line of said Lot, a distance of 3,14 feet; then: Swath parallel with the . East line of said lot, a distance of 9.02 feet; thence Etat parallel with the Noah line of said Lot, a distance of. 1.19 feet, snare or less, to the East lire of said Lot; thence North along the Fast line of said lot to the point of beginning. k oEO w oFFCML RECORDS BOO Of Wee cover, rogue. HARVEY RUM odmwomeromor STATE OF FLORIDA, COUNTY OF DADE i HEREBY CERTIFY that the foregoing Is a t and correct cops ajr tfle original on file In this office. i AD 20 HARVEY RUVIN, CLERK, of cult and County Deputy Clerk 3,