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HomeMy WebLinkAboutApplication & Supp Docs• Ow - WRITER'S DIRPC:T LINE (305) 539-2114 E-MAII,: BDF@TEWLAW.COM WEII SITE: WWW.'1'1;WLAW.(X)M May 5, 2003 VIA HAND DELIVERY Teresita Fernandez Chief Department of Hearing Boards 444 S.W. 2"d Avenue 7th 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. 37"Avenue & 3680 N. 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"a Terrace. Both properties are filing 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. 37th Avenue as a major arterial in the City. La Ciencia and Enterprise both own properties located along N.W. 37th Avenue; those properties are designated commercial and are zoned C-l. 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. 37t' 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. 37th 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 • MTAMI OFFicE, • MTAMI CENTI?R, 26TII FLOOR, 201 SOUTI-I BISCAYNE BOUI,IivARw, MIAM[, FLORIDA 33131-4336, TIoLEPI10NR 305/536-1112, FACSIM[LI? 30.5/536-1116 • TALLAHASSEE 01,FICI, MONROE PARK TOWER, 101 N. MONROE S'1loo:T, SUITE 725, TALLAHASSEE, FLORIDA 32301, TI4.1?PIIONIs R50/841-7770, FACSIMILE 850/841-777R 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. Si /1 ob de la Fuente For the Firm Encl. cc: Armando Lopez Carlos Benitez Manuel Mari, Esq. Santiago D. Echemendia, P.A. ::ODMAIM HODMAIMIAMI;365380;1 • zvibrigiT"' WRITERS DIRECT LINT: (305)539-2114 13-MAIL: BDF@TEWLAW.COM WEB SITE: WWW.TEWLAW.COM VIA FACSIMILE & U.S. MAIL Teresita Fernandez Chief Department of Hearing Boards 444 S.W. 2"d Avenue 7th Floor Miami, Florida 33130 03 r. !'.•J f June 9, 2003 TEW CARDENAS REBAK KELLOGG LEHMAN 2 t' DEMARuA 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. 37 h 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. 37`h 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. 37`h Avenue; rather, while the official address is 201 N.W. 3781 Avenue, the subject parcel is located immediately east of and adjacent to the Northeast corner of N.W. 37`h Avenue and N.W. 2"d Street. The subject parcel is located at what would be approximately 3681 N.W. 2nd Street. Please contact me with any questions or comments you may have. Si ob de1a'"Fuent For the Firm cc: Robert Lavemia (via facsimile) Armando Lopez Carlos Benitez Manuel Mari, Esq. Santiago D. Echemendia, P.A. ::ODMAIMHODMAIMIAMI;371958;1 • MIAMI OFFICE • MIAMI CENTER, 2611 FLOOR, 201 SOLITH BISCAYNE BOULEVARD, MIAMI, FLORIDA 33131-4336, TELEPHONE 305/536-1112, FACSIMILE 305/536-1116 • TALLAHASSEE OFFICE • MONROE PARK TOWER, 101 N. ivIoNR0E STRELiT, Slim: 725, T AI.LAHASSEE, FLORIDA 32301, TELEPHONE 850/841-7770, FACSIMILE 850/841-7778 • DEPARTMENT OF HEARING BOARDS 444 SW 2nd Avenue, 7th Floor • Miami, Florida 33130 Telephone 305-416-2030 • Fax 305-416-2035 APPLICATION FOR AMENDMENT TO ZONING ATLAS AND/OR OVERLAY DISTRICT 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. I, Bob de la Fuente, Esa., on behalf of La Ciencia Quality Dry Cleaning, Inc. hereby apply to the City Commission of the City of Miami for an amendment to the Zoning Atlas of the City of Miami as more particularly described herein and, in support of that request, furnish the following information (see Article 22 of the Zoning Ordinance): 1. Address of property: 201 N.W. 37th Avenue, Miami, Florida 2. Folio number: 01-4104-023-0360 3. Two 11x17" original current surveys prepared by a State of Florida Registered Land Surveyor within six months from the date of application. 4. Affidavit and disclosure of ownership of subject property and disclosure of interest (see attached forms). 5. Certified list of owners of real estate within a 500-foot radius of the outside boundary of the subject property (see pages 5 and 6). 6. At least two (2) photographs that show the entire property (land and improvements). 7. An 8 1/2 x11" copy of all exhibits that will be presented at the hearing shall be attached to this application. 8. Present zoning designation(s): R-2 Rev. 03/27/03 • • 9. Future zoning designation(s): C-1 10, Other (specify and attach cover letters explaining why any document you are attaching is pertinent to this application). 11. Statement explaining why present zoning designation is inappropriate. See Letter of Intent 12. Statement as to why proposed zoning designation is appropriate. See Letter of Intent 13. Recorded warranty deed and tax forms of the most current year available that show the present owner(s) of the property. 14. Cost of processing according to the City Code: Change of zoning classification: CS, PR, R-1, R-2, per square foot of net lot area $ .15 Minimum $ 635.00 R-3, R-4, 0, GII, HP per square foot of net lot area Minimum C-1, C-2, I, per square foot of net lot area Minimum CBD and all SD's, per square foot of net lot area Minimum $ .20 $ 750.00 $ .25 $ 900.00 $ .30 $ 1,000.00 Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice $ 3.50 15. What is the purpose of this zoning change? See Letter of Intent 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 Pr ervation District designated pursuant to Chapter 17 of the Miami City Code? No / Signature Name Bob de la Fuente Es• Address 201 S. Bisca ne Blvd. Rev. 03/27/03 Ste. 2600, Miami, FL Telephone (305) 539-2114 Date //%'14 3 2 • • STATE OF FLORIDA COUNTY OF MIAMI-DADE 1 The foregoing instrument was acknowledged before me this -7 day of ■ (-.1 i 20 03 , by Bob de la Fuente who is personally known to me or who has produced as identification and who did (did not) take an oath. 4,(61,e (Stamp) Signature 411 "" Casale Torres � � MYCOMMISSION #� DD166644 EXPIRES �° ' Januaryry 9, 2007 90ND6D1HRU TROY FM R 8&J ANC..INC 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 3 • 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, ❑inodcluding 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) 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_ regoing instrument was acknowledged before me this 7 day of 20 O , by Bob de la Fuente, Esq., on behalf of La Ciencia Quality Dry Clea mg, 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) Rev. 12/05/01 Amo-L o-duls Criaele Torres MY COMMISSION # 00166644 EXPIRES ]sno9, 2007 BONDEDTHRUTROwryy YMIN IMRANCI INC o • 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 • 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 lots: 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 •r Owner Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The jQregoing instrument was acknowledged before me this 7 day of i 20 ©J, 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 as identification and who did (did not) take an oath. (Stamp) Signature (1 St MY COMMISION # UU16664q t.keo,c.) 3anNOry 7 IN2SURANCE 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 and/or 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 and/or 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 Z "tlay of WW1 2003. LA CIENCIA QUALITY DRY CLEANING, INC., a Florida corporation, By: Ar ando Lopez Its P t fd+ r fi (CORPORATE SEAL) 1I��rMN1+ �i 4R la'. ,T mitt 4dlM I VP'N,nn 40711417 Tit 542 tlrl ...reDing „pa. f./l +r' i+I ship 4446 Air .1 •ftl.S Mrzw1 Wig 1111%Mrol CGSPAWV wmommisam quismiLsoulo +L.Ittrsq Sow OatoI1.na II, I.111 MI •itan1 14 0h Cams`no kurn1r11M ..aril 14u swop IA LA Qtimem QUALITY (1V elUtAWIlli, !MC,. 4 w r, ,.r ut rt. Jwr +! I II ;id r i,. .. 1 ha ,I.. 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