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HomeMy WebLinkAboutApplication & Supp Docsr • 1IAIMf"' WRITER'S DIRECT LINE (305) 539-2114 i:-MAII.: B17F©TEWLAW.COM W1:31 51'I'E: WWW.TEWLAW.COM 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"`' 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"' 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. 37th Avenue, consistent with the character of the area and, more specifically, consistent with the character of N.W. 371h" 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-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. 37th 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. 371h 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 CLINTIil, 2610 FLOOR, 201 SOUTH BISCAYNE, BOULEVARD, MIAMI, PI.OE[DA 33131-4.336, TELEPHONE 305/536-1112, i^ACSIMILI; .30.5/536-1116 • TALLAHASSEE OFFICE • MONROE PARK TOWER, 101 N. MONROE STRP.EI', SUITE 725, TAL[.AHASSEE, FLORIDA 32301, TELEPHONE 850/841-7770, FACSIMII,I; 850/841-7778 • . 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. Sinc Bob de la Fuente For the Firm Encl. cc: Armando Lopez Carlos Benitez Manuel Mari, Esq. Santiago D. Echemendia, P.A. ::ODMAIMHODMAIMIAMI;365380; I • DEPARTMENT OF HEARING BOARDS 444 SW 2" 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 Enterprise Investments, 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: 3680 N.W. 2"d Terrace, Miami 2. Folio number: 01-4104-023-0371 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 0 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 $ .20 Minimum $ 750.00 C-1, C-2, I, per square foot of net lot area $ .25 Minimum $ 900.00 CBD and all SD's, per square foot of net lot area $ .30 Minimum $ 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 servation District designated pursuant to Chapter 17 of the Miami City Code? No Rev. 03/27/03 Signature Name Bob de la Fuente, Esq. Address 201 S. Bisca ne Blvd. Ste. 2600, Miami, FL Telephone (305) 539-2114 Date 9 (9//ti3 2 STATE OF FLORIDA COUNTY OF MIAMI-DADE The regoing instrument was acknowledged before me this [- day of 20 0 , by Bob de la Fuente, Esq. known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Signature who is personally r • CriseleTorres MYCOMMISSION# DD166644 EXPIRES r>,, January 9, 2007 BONDED TNRU TROY FAIN IN3URANCQ 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 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. 03/27/03 3 • AFFIDAVIT Before me, the undersigned authority, this day personally appeared Bob de la Fuente, Esq., on behalf of Enterprise Investments, 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 modificationdiof a classification or regulation of zoning as set out in the accompanying petition, i ' Iuding 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 Enterprise Investments, Inc. Applicant Name Applicant Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of 20 , by Bob de la Fuente, Esq., on behalf of Enterprise Investments, Inc. a Florida corporation, on behalf of the corporation. He/She is personally known to me or has produced as i entification and who did (did not) take an oath. (Stamp) Rev. 12/05/01 Signature :'yi4AY r•. Clink Torres :'i MYCOMMISSION # D0166644 EXPIRES ��= January 9, 2007 iIiety BONDEDTHU TROY PAIN NSUPANcF, NC • OWNER'S LIST Owner's Name Enterprise Investments, Inc. Mailing Address 10770 S.W. 30'h Street Zip Code 33165-2416 Telephone Number (305) 539-2114 Legal Description: Lots 10 and 11 and the North 2 feet of Lots 9 and 12 in Block 7 of 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 235 NW 37th Avenue Legal Description Twelfth Street Manors PB 5-59, Lot 1 Less R/W & Lots 2, 3. 4 Blk 7 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: 3680 N.W. 2"d Terrace: Lots 10 and 11 and the North 2 feet of Lots 9 and 12, 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. Enterpise Investments, Inc. 100% Carlos Benitez owns 100% of Enterprise Investments, 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. 235 N.W. 37th Avenue: Lots1 Less R/W & Lots 2, 3, 4, Block 7, Twelfth Street Manors, Plat Book 5, Page 59 Bob de la Fuente, Esa. Owner or Attorney for Owner Name Owner or Attorney for Owner Sigrilature STATE OF FLORIDA COUNTY OF MIAMI-DADE The f regoing instrument was acknowledged before me this / day of , F 20 ©D, by Bob de la Fuente, Esa.. on behalf of Enterprise Investments, Inc., a F orida 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) d—r7-12cL Signature • Crlsele Torres MY COMMISSION# DD166644 EXPIRES January 9, 2007 BONDED THRU TROY FAIN INSURANCE, INC. Rev, 12/05/01 o • RESOLUTION WHEREAS, Enterprise Investments, 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, Enterprise Investments, Inc. desires to authorize certain individuals to sign any documents on behalf of Enterprise Investments, 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 Enterprise Investments, Inc. regarding said Public Hearing Applications. NOW THEREFORE, BE IT RESOLVED BY ENTERPRISE INVESTMENTS, INC. that Santiago D. Echemendia, P.A. and/or Bob de la Fuente are hereby authorized to sign any documents on behalf of Enterprise Investments, Inc. in furtherance of said Public Hearing Applications. Dated this ' day of in",C2003. ENTERPRISE INVESTMENTS, INC., a Florida corporation By: (CORPORATE SEAL) Carlos Be Its • OFF AEC BK. 20719PG001 • This instrument prepared by: MANUEL F, FENTU, ESQ. LAW OFFICES OF MANUEL F. FENTF, PA 111013rickell Avenue, Seventh Floor Miami, Florida 33131 Property S.D. No,: 01-4104-023-0371 JO2R63054- 1 2002 OCT ill 14.33 DOCSTPDEE 14320.00 SURD' 0.00 HARVEY REIVIN9 CLERK DADE COUNTY, FL WARRANTY DEED THIS WARRANTY DEED made the day of October 2002, by GLORIA L. SOLANO, a single woman, and MARIA C. OLIVA, a single woman, whose post office address is 3680 N.W. 2" Terrace, Miami, Florida 33125, hereinafter referred to as the "Grantor" to ENTERPRISE INVESTMENTS, INC„ whose post office address is 851 N. Surf Road, Unit 202, Hollywood, Florida 33019, hereinafter referred to as the "Grantee". Wherever used herein, the terms "Grantor" and "Grantee" include all the parties to this instrument and their heirs, legal representatives and assigns. WITNESSETIh That the Grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto the Grantees, all of the following land situated in Miami -Dade County, Florida: Lots 10 and 11, and the North 2 feet of Lots 9 and 12, in Block 7 of TWELFTH STREET MANORS according to the Plat thereof recorded in Plat Book 5, at Page 59 in the Public Records of Dade County, Florida. TOGETHER, with all the tenements, hereditantents and appurtenances thereto belonging or in anyway appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the Grantor hereby covenants with the Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent Io 2002. The subject land is not and had never bean the Grantor's homestead. written. IN WITNESS WHEREOF, the Grantor have signed and sealed these presents the day and year first above Sjgnod1seel-d and delivered in our presence: �4 - Print Name: Address: j J� Print Nat tie -1 ,l'(,- Address.:.--.-_. 'I f .;tV) z4-41 , fl.,:__ ,1t'�j it"r '—(114 i ! Print ante: . i(i.. ,k'i' .)1(1 A dress; it '''t'(j ��li'C.h1�' j Pr,,ntameA ( Address: / ..C, , l r.r' i.. �t� / r t+ t . If STATE OF FLORIDA) COUNTY OF DADE) GLORIA L. SOLANO 3680 N.W. 2" Terrace Miami, Florida 33125 MARIA C. OLIVA 3680 N.W. 2" Terrace Miami, Florida 33125 -t s'rz4t�4r „vi ,, ct C. t,[ti. °Cpf7o v�?l:-ltc: i-iARVEY RUM BEFORE ME, an officer duly authorized to take acknowledgments according to the laws of the State of Florida, personally appeared GLORIA L. SOLANO and MARIA C. OLIVA, who are well known to be the individual(s) described in and who executed the foregoing Warranty Deed, or who have produced , as identification, and they acknowledged before me that she executed the same freely and ! li9 tr.,iU voluntarily for the purpose therein expressed and that they did take an oath. IN WITNESS WHEREOF, I hereunto set my hand and official seal at said County and State, this rday of October 2002, f i //_) Notary'Public, State of My Coinrnission Expires: gtr"�r", Mime Fonte *ice *My Commission CC8391 eQ rr„f Expires June 28, 2CO3 I