HomeMy WebLinkAboutApplication & Supp Docs• •
DEPARTMENT 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, ALONG WITH
PERTINENT DOCUMENTS, ONLY THE FIRST SEVEN DAYS (1-7) OF THE MONTH FROM 8:00 AM UNTIL 5:00 PM.
PLEASE NOTE THAT THE CASHIER LOCATED ON THE 4TH FLOOR WILL CLOSE AT 4:00 PM; THEREFORE, THE
COMPLETE APPLICATION, REVIEWED PLANS AND A PAID RECEIPT MUST BE SUBMITTED.
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. 03/27/03
• •
pursuant to section 62-31 or if not simultaneous, the evacuation 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'/2 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
1. This petition is proposed by:
( ) Planning and Zoning Department
(x ) Other (please specify): Bob de la Fuente. Esa., on behalf of La Ciencia Quality Dry
Cleaning. Inc.
7. The subject property is located at: 201 N.W. 37th Avenue. Miami, FL
Folio number: 01-4101-023-0360
AND MORE PARTICULARLY DESCRIBED AS:
Lot(s) 9, less the North 2.00 feet and Lot 12. less the North 2.00-feet
Block(s) 7
Subdivision Twelfth Street Manors
Rev. 03/27/03
2
• •
8. 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: Duplex Residential
TO: Restricted Commercial
9. Please supply a statement indicating why you think the existing plan designation is
inappropriate:
N.W. 37th Avenue is a major arterial of the City of Miami. The front portion of the applicant's
property abutting N.W. 37th Avenue is designated commercial. In order to construct a
commercial development appropriate for the site, and appropriate for a major arterial,
sufficient parking is required. There is insufficient space on the commercially designated
portion of the applicant's property to develop an appropriate commercial project, including
its parking. Moreover, the applicant's neighbor to the North, is concurrently filing a
comprehensive plan amendment application to redesignate its property from residential to
commercial. The neighbor's subject property immediately abuts commercially -designated
property to the north. Accordingly, when viewed together, these applications will not create
isolated intrusions; rather, they extend appropriately designated commercial parcels to the
south.
10. Please supply a statement justifying your request to change the plan to your requested
plan designation.
The requested change will be consistent with the character of N.W. 37th Avenue as a major
arterial and will provide sufficient commercially -designated property to allow commercial
development on parcels along N.W. 37th Avenue that would otherwise be too small to meet
the intent of the area, and too small to provide required parking. Moreover, when
considered in conjunction with the neighbor to the north's application, the new designation
will not create an isolated intrusion; rather, it would complete an appropriate extension of an
existing commercially -designated strip.
11. What is the acreage of the property being requested for a change in plan designation?
Approximately 0.120 acres
12. Has the designation of this property been changed in the last year? No
13. 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
14. Have you made a companion application for a change of zoning for the subject property
with the Department of Hearing Boards?Yes
Rev. 03/27/03
3
i •
15. Have you filed with the Department of Hearing Boards a(n):
• Owner's list form?
• Affidavit of ownership?
• Disclosure of ownership form?
• List of owners of property within 500 feet of the subject property?
If not, please supply them.
16. 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
17. 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? See Letter of Intent and above
Rev. 03/27/03
Signature
Name Bob de la Fuente E
Address 201 S. Biscayne Blvd.
Ste. 2600, Miami
Telephone (305) 539-2114
Date y/ l/3
4
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this 7 day of A 1
20 O , by Bob de la Fuente, Esq. who is an individual
_ply known to me or who has produced as
identification and who did (did not) take an oath.
�outiHla%i
Z`r'�••'�15SI0it2447 or
1t' ••. •*i
#DD 093247 la
(Stamp)
STATE OF FLORIDA
COUNTY OF MIAMI-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. 03/27/03
5
WRITERS DIRECT LINE
(305) 539-2114
E-MAJ1
BDF@TEWLAW.COM
WEB SITE: WWW.TEWLAW.COM
May 5, 2003
VIA HAND DELIVERY
Teresita Fernandez
Chief
Department of Hearing Boards
444 S.W. 2nd Avenue
7' Floor
Miami, Florida 33130
TEW CARDENAS REBAK
KELLOGG LEHMAN
DEMARIA TAGUE
RAYMOND & LEVINE, L.L.P
.ATTORNEYS AT LAW
Re: Application for Amendment to Zoning Atlas; Application to Amend the Miami
Comprehensive Neighborhood Plan: 201 N. W. 371hAvenue & 3b80N. W. 2"d Terrace:
LETTER OF INTENT
Our File No.; 44514.002
Dear Ms. Fernandez:
This law firm represents La Ciencia Quality Dry Cleaning, Inc. ("La Ciencia"), owner of the
property located at 201 N.W. 37th Avenue, and Enterprise Investments, Inc, ("Enterprise"), owner
of the property located at 3680 N.W. 2"d Terrace. Both properties are fling the above -referenced
applications for their respective sites, requesting an amendment to the Miami Comprehensive
Neighborhood Plan from residential to commercial, and an amendment to the Zoning Atlas from R-2
to C-1. These applications are being filed simultaneously because they are located adjacent to one
another, with Enterprise's property directly abutting C-1 zoned property to the North. Together,
these applications constitute a logical extension of limited commercial zoning along N.W. 37"
Avenue, consistent with the character of the area and, more specifically, consistent with the character
of N.W. 37`h Avenue as a major arterial in the City.
La Ciencia and Enterprise both own properties located along N.W. 37" Avenue; those
properties are designated commercial and are zoned C-1. The properties which are the subject of
these applications are located immediately east of and adjacent to the properties on N.W. 37th
Avenue. N.W. 37th Avenue is acknowledged as a major arterial and the properties along N.W. 37"
Avenue are designated Commercial and are Zoned C-1; however, the depth of that designation and
zoning are insufficient to allow development consistent with and appropriate to N.W. 37' Avenue,
The redesignation and rezoning of the subject properties will allow sufficent-sized parcels with the
proper comprehensive plan designation and zoning to contain developments appropriate for C-1 type
• MIAMI OFFICE •
MIAMI CENTER, 26T0 FLOOR, 201 SOUTH BISCAYNE BOULEVARD, MIAMI, FLORIDA 33131.4336, TELEPHONE 305/536-1112, FACSIMIIE 305/536 1116
• TALLAHASSEE OFFICE •
MONROE PARK TOWER, 101 N. MONROE STREET, SUITE 725, TALLAHASSEE, FLORIDA 32301, TELEPHONE, 850/841.7770, FACSIMILE 850/841-777K
Teresita Fernandez
May 5, 2003
Page 2
projects along a major arterial. Finally, the existence of C-1 zoned property immediately to the north
of and adjacent to Enterprise's property makes this an appropriate extension of commercially
designated and zoned property, rather than an isolated intrusion.
Please contact me with any questions or comments you may have.
;re
ob de `la Fuente
For the Firm
Encl.
cc: Armando Lopez
Carlos Benitez
Manuel Mari, Esq.
Santiago D. Echemendia, P.A.
::ODMAIMHODMAIMIAM1;365380;1
•
WliITI i'S I)ncl:r.T Lwl:
(305) 539-2114
E—MAH.:
BDF@TEWLAW.COM
W1:H SITE: WWW.TIIWI.AW.COM
03 JU:I 3
TEW CARDENAS REBAK
KELLOGG LEHMAN
u: 22 DEMARIA TAGUE
RAYMOND &. LEVINE, L.L.P
June 9, 2003
ATTORNEYS AT LAW
VIA FACSIMILE & U.S. MAIL
Teresita Fernandez
Chief
Department of Hearing Boards
444 S.W. 2' Avenue
7th Floor
Miami, Florida 33130
Re: Application for Amendment to Zoning Atlas; Application to Amend the Miami
Comprehensive Neighborhood Plan: 201 N. W. 37t Avenue:
SUPPLEMENTAL LETTER OF INTENT: Clarification of Location
Our File No.: 44514.002
Dear Ms. Fernandez:
You will recall that this law firm represents La Ciencia Quality Dry Cleaning, Inc. ("La Ciencia"),
owner of the property located at 201 N.W. 37t1i Avenue, requesting an amendment to the Miami
Comprehensive Neighborhood Plan from duplex residential to restricted commercial, and an amendment to
the Zoning Atlas from R-2 to C-1. Please note that the specific subject parcel is not immediately along N.W.
371h Avenue; rather, while the official address is 201 N.W. 371h Avenue, the subject parcel is located
immediately east of and adjacent to the Northeast corner of N.W. 37'h Avenue and N.W. 2nd Street. The
subject parcel is located at what would be approximately 3681 N.W. 2" Street.
Please contact me with any questions or comments you may have.
Si
ob de 1hFuent
For the Firm
cc: Robert Lavernia (via facsimile)
Armando Lopez
Carlos Benitez
Manuel Mari, Esq.
Santiago D. Echemendia, P.A.
;ODMAIMHODMAIMIAMI;371958;1
• MIAMI OFEIC i •
MIAMI: CENTER, 26TII FLOOR, 201 SOUTH BISCAYNI's BOULEVARD, MIAMI, FLORIDA 33131-4336, Tla,lil'HONE 30.5/536-1112, FACSIMILE .305/536-1116
• TALLAIIASSEE O6PICE •
MONROE PARK TOWER, 101 N. MONROE STREET, SUITE 725, TALLAITA.SSEE, FI.ORIDA 32301, TELEPHONE 850/H41-7770, FACSIMILE 850/841.-7778
•
AFFIDAVIT
Before me, the undersigned authority, this day personally appeared Bob de la Fuente, Esq.,
on behalf of La Ciencia Quality Dry Cleaning, Inc.
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, 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 (305) 539-2114
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.
Bob de la Fuente, Esq., on behalf of
La Ciencia Quality Dry Cleaning, Inc.
Applicant Name
Applicant Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this -7 day of
20 03., by Bob de la Fuente. Esq., on behalf of La Ciencia Quality Dry Cleaning, Inc.
a
Florida corporation, on behalf of
the
corporation. He/She is personally known to me or has produced
4,644P-4/71-4(--
as identification and who did (did not) take an oath.
(Stamp)
Rev. 12/05/01
Signature
Crisele Torres
MYCOMMISSION# DD166644 EXPIRES
3anupry 9, 2007
BONDED THRUIROY MIN W$USIANCEINC
OWNER'S LIST
Owner's Name Armando Lopez
Mailing Address 201 N.W. 37th Avenue Zip Code
Telephone Number (305) 539-2114
Legal Description: Lot 9, less the North 2.00 feet and Lot 2, less the north 2 feet, Block 7,
Twelfth Street Manors. Plat Book 5, Page 59
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
201 N.W. 37th Avenue Twelfth St. Manors PB 5-59 Lots
5, 6, 7. 8 Less R/W
Street Address Legal Description
Street Address Legal Description
Rev. 03/27/03
4
• 1
DISCLOSURE OF OWNERSHIP
1. Legal description and street address of subject real property:
201 N.W. 37th Avenue: Lot 9, less the North 2.00 feet, and Lot 12, less the North 2.00 feet,
Block 7, Twelfth Street Manors, Plat Book 5, Page 59
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.
La Ciencia Quality Dry Cleaning, Inc. 100%
Armando Lopez owns 100% Of La Ciencia Qualit Dry Cleaning, Inc.
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.
Same address, adjacent Tots: Lots 5, 6, 7 & 8, less the right of way, Block 7, Twelfth Street
Manors, Plat Book 5, Page 59
Bob de la Fuente, ESa.
Owner or Attorney for Owner Name •wner or Attorney for wner Signa ure
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The f regoing instrument was acknowledged before me this 1 day of
20 05, by Bob de la Fuente, Esa., on behalf of La Ciencia Quality Dry Cleaning, Inc.,
a Florida
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
Crisele Torres
lti+IYCOMMISSION# AD166644 EXPIRES
kinu_ay 9, 2007
BONDEDTNRU MOY FAIN INSURANCE INC
Rev. 12/05/01
RESOLUTION
WHEREAS, La Ciencia Quality Dry Cleaning, Inc., a Florida corporation,
desires to file certain public hearing applications in the City Of Miami including but not
limited to an application for Amendment to Zoning Atlas andlor Overlay District and an
application to amend the Miami Comprehensive Neighborhood Plan ("Public Hearing
Applications"); and
WHEREAS, La Ciencia Quality Dry Cleaning, Inc. desires to authorize certain
individuals to sign any documents on behalf of La Ciencia Quality Dry Cleaning, Inc.
regarding said Public Hearing Applications; and
WHEREAS, the Board Of Directors and/or Stockholders andlor General Partners
at a duly noticed and held meeting has considered the matter in accordance with the by-
laws of the corporation; and
WHEREAS, it was upon motion duly made and seconded that Santiago D.
Echemendia, P.A. and Bob de la Fuente, Esq. be authorized to sign any documents on
behalf of La Ciencia Quality Dry Cleaning, Inc. regarding said Public Hearing
Applications.
NOW THEREFORE, BE IT RESOLVED BY LA CIENCIA QUALITY
DRY CLEANING, INC. that Santiago D. Echemendia, P.A. and/or Bob de la Fuente are
hereby authorized to sign any documents on behalf of La Ciencia Quality Dry Cleaning,
Inc. in furtherance of said Public Hearing Applications.
Dated this Z5i`^day of wral 2003.
LA CIENCIA QUALITY DRY
CLEANING, INC., a Florida corporation,
By:
(CORPORATE SEAL)
ando Lopez
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