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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 Its Pr < r Y #i fi lac iii.Jillt Silt 1111 711t?l {l •1� SI ilw� •.+w .• yIfr� !mom1 t, ;Ida i• IdsIOW 0.4 ..4 ...woof Ike -T-" .1., 4!!!!I rtWi Lire tlnumoat eOMoP KV II rlr}rl•11r11 'mond 1ln,let 11.8 lerm of 1•y h 1 t,11 1 n e ..r 1,..... .., ,,n..1..1 . Ln• • I II,rlwrrt+t tetlt•n, ■OWth v414141Ih! t earls► nl!ul the tomMo. 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