HomeMy WebLinkAboutApplication & Supp DocsBERCOW & RADGLL
2QNINo, LAND USE AN ID E NVI RDN ME NTAL LAW
Direct: 305-377-6235
E-Mail: SFernanciez@brzoningiaw.com
VIA HAND DELIVERY
November 6, 2003
Ms. Teresita Fernandez RA AICP
Executive Secretary
Planning & Zoning Department
Hearing Boards Division
City of Miami Riverside Center
444 SW 2nd Avenue, 7th Floor
Miami, Florida 33130
RE: 400 & 420 SW 7th Street
Dear Ms. Fernandez:
This law firm represents 420 Property, Inc. and 414 Property, LLC with
respect to the referenced property. The property is currently zoned R-3
Multifamily Medium Density Residential and is at the confluence of SW 7th Street
- a one way major arterial roadway - SW 4th Avenue, and the 1-95 SW 7th Street
off ramp. The Applicant is requesting a Comprehensive Neighborhood Plan
Amendment from Medium Density Multifamily Residential to Restricted
Commercial. Additionally we are requesting a rezoning of the property to C-1,
Restricted Commercial, which is more appropriate than the existing zoning,
given the amount of vehicular activity in the area, and the property's proximity
to other commercial uses.
WACHOVIA FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI. FLORIDA 3313/
PHONE. 305.374.5300 • FAX. 305,377.5222
Ms. Teresita Fernandez RA AICP
November 6, 2003
Page 2
Enclosed is a completed application for a Comprehensive Neighborhood
Plan Amendment, completed application for a rezoning, and applicable
application fees. Please call me should you have any questions.
Enclosures
BF/bl
Sincerely,
Ben Fernandez
BERCOW RADELL
ZONING, L.ANo Li8E AND eNv3wbNMfiN"YAL RA�/�/
DEPARTMENT OF HEARING BOARDS
444 SW 2nd Avenue, 7th Floor • Miami, Florida 33130
Telephone 305-416-2030 • Fax 305-416-2035
PUBLIC HEARING APPLICATION TO AMEND THE
MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN
Welcome to Hearing Boards! This application process is for your reference and review.
It is intended to serve as a guide in acquainting you with our public hearing process. Following
are a series of concerns/requirements for you take into account. By any means, please feel
free to contact the department, should you have any questions.
CITY OF MIAMI ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE
CITY CODE STATES THAT 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 1S AVAILABLE IN THE OFFICE OF THE
CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI,
FLORIDA, 33133.
The responses to the attached application must be typed and the complete application
must be 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.
You will be 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.
An additional recordation cost for the resolution is $6.00 for the first page and $4.50 for
additional pages. All fees are subject to change. Also, for City Commission resolutions,
please contact the City Clerk's Office at 305-250-5360.
Applications for Zoning Change (Amendment to Zoning Atlas and/or Overlay District) and Land
Use Change (Amend the Comprehensive Neighborhood Plan) will not be accepted unless it
has a signature from the Planning and Zoning Department designee.
Applications given to customers do not constitute action from the City of Miami without
plans review and written comments from the Zoning Division of the Planning and
Zoning Department.
Rev. 09/29/03
This complete application should be reviewed and initialed by the Planning and Zoning
designee prior to submittal.
2. 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
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.
3. Two (2) original surveys prepared by a State of Florida registered land surveyor within six
(6) months from the date of application.
4. This petition is proposed by:
❑ Planning and Zoning Department
II Other, please specify:
Ben Fernandez, Esq. on behalf of 420 Property, Inc. and 414 Property, LLC
5. The subject property is located at: 400 & 420 SW 7th Street
Folio number: 01-0204-090-1010, 01-0204-090-1040
AND MORE PARTICULARLY DESCRIBED AS: See attached Exhibit "A".
Rev. 09/29/03 2
6. 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 amendments)
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
What is the purpose of this application?
To accommodate a commercial or mixed use development_
7. What is the acreage of the project/property site? 0.4 acres
8. Has the designation of this property been changed in the last year? !f so, when? No.
9. Do you own any other property within 200 feet of the subject property? No.
If yes, has the property been granted a change in plan designation within the last year? -
10. Have you made a companion application for a change of zoning? Yes.
11. Have you filed a(n):
■ Affidavit of ownership?
• Disclosure of ownership form?
■ List of owners of property within 500 feet of the subject property?
If not, please supply them.
12. 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? (Contact the Preservation
Officer at the Planning and Zoning Department at 305-416-1400 for information.) No.
13. Is the property within the boundaries of an Environmental Preservation District designated
pursuant to Chapter 17 of the Miami City Code? (Contact the Preservation Officer at the
Planning and Zoning Department at 305-416-1400 for information.) No.
14. Please submit a statement indicating why you think the existing plan designation is
inappropriate.
The trend of development along SW 7th Street is becoming more commercial.
Rev. 09/29/03 3
15. Please submit a statement justifying your request to the requested plan designation
change.
The property is located at the confluence of SW 7tn Street — a one way major arterial
roadway — SW 4th Avenue, and the 1-95 SW 7th Street off ramp. The Restricted
Commercial land use designation is more appropriate given the amount of vehicular activity
in the area and the property's proximity to other commercial uses.
16. All documents, reports, studies, exhibits (8 '/z x11 ") or other written or graphic materials to
be submitted at the hearing shall be submitted with this application.
17. Other (specify and attach cover letter explaining why any document you are attaching is
pertinent to this application).
18. Cost of processing, according to the City Code:
Conservation, recreation, residential single-family duplex
Residential medium density multifamily
Residential high -density multifamily, office,
major public facilities, transportation/utilities
Commercial/restricted, commercial/general and industrial
Commercial (CBD)
Surcharge for advertising each item
Public hearing and public meeting mail notice fees,
including cost of handling and mailing per notice
$ 300.00
$ 450.00
$ 550.00
$ 650.00
$ 1,200.00
$ 1,200.00
$ 3.50
Signature ^ Address 200 South Biscayne Blvd., # 850
Name Ben Fernandez, Esq. Miami, FL 33131
Date November , 2003
Telephone 305-377-6235
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this 1 day of November
2003, by Ben Fernandez, Esq., who is a(n) individual/partner/agent/corporation of
a(n) individual/partnership/corporation. He/She is
personally known to me or who has produced as identification
arTrwficrffETarrni3FGke an oath.
(Stamp)
REU' LLERENA
vtY COMMISSION # DD 095997
EXPIRES: February 27, 2006
1-e 0.3-hKJTARY FL Not Service & eonoirio, Ir14,
Rev. 09/29/03 4
Exhibit "A"
Legal Description:
The North 100 feet of Lots 1 and 2, Block 49, of CITY OF MIAMI, SOUTH,
according to the plat thereof, as recorded in Plat Book B, at Page 41, of the
Public Records of Miami -Dade County, Florida,
AND
Lot 3, Block 49 of CITY OF MIAMI, SOUTH, according to the plat thereof as
recorded in Plat Book B, Page 41, of the Public Records of Miami -Dade County.
111111111111111111111110111111111111111111
0.
By: Eduardo F. Escobar, Vice -
President
Printed Name/Title:
Th.ls instrument was prepared by:
ALBERTO A. RODRIGUEZ, ESQUIRE
ALBERTO A. RODRIGUEZ, P.A.
1200 Brlckell Avenue, Suite 1680
Miami, FL 33131
Grantee S.S. #
Property Appraiser's Parcel Identification
(Folio) Nu±ober(s): 01-0204-090-1010
Space above this line for recording data
CFI-1 2003R02909.19
OR 8k 21217 PS 1469; (1p9)
RECORDED 0S/04/2003 13:39:35
DEED DOC TAX 4r200.00
SURTAX 3r150.00
HARVEY RUVIH, CLERK OF COURT
11IAl1I-DADE COUl TYr FLORIDA
LAST PAGE
This Warranty Deed, Made the th day of April,
2003, BY Tri-U Investments, Inc., a Florida corporation, whose post
office address is 401 S.W. 8th Street, Miami, FL 33130, hereinafter called
the grantor,
to 414 Property, LLC, a Florida limited liability company, whose post
office address is 8550 N.W. 33' Street, Suite #200, Miami,. FL 33122,
hereinafter called the grantee:
(Wherever need herein the terms "grantor" and "grantee° include all the parties to this
instrument and the hairs, legal representatives and asaigna of individuals, and the successors
and assigns a£ corporation)
Wi tnes s e tli: that said granter. for and in consideration of the sum of TEN AND NO/100 ($10.00)
toilers, and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt
whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs and
assigns forever, the following described land, situate, lying and being in Miami -Dade County, Florida, to wit:
The North 100 feet of Lots 1 and 2, Block 49, of CITY OF MIAMI SOUTH, according to the
plat thereof, recorded in Plat Book B, at Page 41, Public Records of Miami -Dade County,
Florida.
Subject to restrictions, conditions, reservations, easements, limitations and
other hatters of record, if any which are not reimposed hereby, zoning
regulations and ordinances and taxes for the year 2003 and subsequent years,
which are not yet due and payable.
And the granter hereby covenants with said grantee that it 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 it hereby fully
warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever;
andthat said land is free of all matters except as set forth above.
In Witness Whereof, the said grantor has signed and sealed these presents the day and year
first above written.
Signed, sealed and delivered in the presence of: Tri - U Investments, Inc . , a
Florida corporation
4/tt (Jr -
Printed Signature
it
STATE OF FLORIDA i
COUNTY OF MIAMI-FADES
The foregoing instrument was acknowledged before me this �)e
day of
April, 2003 by Eduardo F�lEscobar, Vice -President of Tri-U Investments, Inc., a
Florida corporation, lCwho is personally known to me or who has produced
as identification.
Alberto Rodriguez
* * My Commission CO966517
Expires October 16 , 2004
Printed Name:
Notary Public
My Commission Expires.
W to NWa%1!
3958
Prepared by and return to:
JUAN E. FIGUERAS
Attorney at Law
PARLADE & FIGUERAS
7050 S.W. 86th Avenue
Miami, FL 33143
File Number: 1885-10(a)
Will Call No.:
[Space Above This Line For Recording Data]
Warranty Deed
02R290704- 2002 NAY 09 18:0F
DOCSTPDEE 2016.00 SIJRTX 2,187.00
HARVEY RUVINr CLERK DAEE COUNTY, FL
This Warranty Deed made this th day of April, 2002 between JRV INVESTMENT CORP., a Florida
Corporation whose post office address is 13801 S.W 34 STREET, Miami, FL 33175, grantor, and 420 PROPERTY,
INC., a Florida Corporation whose post office address is 8550 NW 33 Street, Suite 200, Miami, FL 33122, grantee:
(Whenever used herein the terms "grantor" and "grantee" include aft the parties to dais instrument and the heirs, legal representatives, and assigns of
individuals, and the successors and assigns of corporations, trusts and trustees)
Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other
good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged,
has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land,
situate, lying and being in Miami -Dade County, Florida to -wit:
Lot 5, Block 64, of CITY OF MIAMI, SOUTH, according to the Plat thereof as recorded in Plat
Book B, Page 41, of the Public Records of Miami -Dade County.
Parcel Identification Number: 01 0206-040-1040
and
Lot 3, Block 49, of CITY OF MIAMI, SOUTH, according to the Plat thereof as recorded in Plat
Book B, Page 41, of the Public Records of Miami -.Dade County.
Parcel Identification Number: 01 0204-090-1040
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold, the same in fee simple forever.
And the grantor hereby covenants with said 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 to December 31, 2001.
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written.
41
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20388PG3959
Signed, sealed and delivered in our presence:
State of Florida
County of Miami -Dade
The foregoing instrument was acknowledged
President of JRV INVESTMENT CORP.; on
produced as identific
[Notary Seal]
JRV INVESTMENT CORP.
By:
JO RAUL DI VARONA
esident
(Corporate Seal)
is ay of April, 29Q by JOSE RAUL DE VA tONA,
e�corporation. He
person known J has
Notary Public
Printed Naive:
My Commission Expires:
ORDED IN OFFPCIAL RECORDS1300
OF r�COUNTY,.LOft -
RECORD VERIFIED
HABVEY RWAN
CLERK CIRCUIT COURT
Warranty Deed - Page 2
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