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HomeMy WebLinkAboutApplication & Supp Docs-110 B E RCC)W & RADE LL_ ZONING, LAND USE ANC ENVIRCMINI ENTAL LAW Direct: 305-377- 6235 E-Mail: BFernanclez@brzoningiaw corn 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 2„d 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 33131 PHONE. 305.374.5300 • FAX. 305.377.6222 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 arty questions. Enclosures BF/b1 Sincerely, Ben Fernandez BERCOW & RADELL SONIN©. LAND LiSE ANb ENVI♦igNMNTAL LAW DEPARTMENT OF HEARING BOARDS 444 SW 2nd Avenue, 7th Floor • Miami, Florida 33130 Telephone 305-416-2030 * Fax 305-416-2035 PUBLIC HEARING APPLICATION FOR AMENDMENT TO THE ZONING ATLAS AND/OR OVERLAY DISTRICT 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 IS 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 1, Ben Fernandez, Esq. on behalf of 420 Property, Inc. and 414 Property, LLC, 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: 400 & 420 SW 7th Street 2. Folio number: 01-0204-090-1010, 01-0204-090-1040 3. Two (2) 11x17" original surveys of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application. 4. Affidavit and disclosure of ownership of subject property and disclosure of interest (pages 4 and 5). 5. Certified list of owners of real estate within a 500-foot radius of the outside boundary of property covered by the application (pages 6 and 7). 6. At least two photographs that show the entire property (land and improvements). 7. A clear and legible copy of the recorded warranty deed and tax forms of the most current year that shows the present owner(s) and legal description of the property. 8. A clear and legible copy of the subject property's legal description on a separate sheet of paper. 9. Present zoning designation(s): R-3 Future zoning designation(s): C-1 10. Statement explaining why present zoning designation is inappropriate. The present zoning designation is Multifamily Medium Density Residential. The surrounding area is not residential in character. 11. Statement as to why proposed zoning designation is appropriate. The trend of development along SW 7th Street is becoming more commercial. 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. Rev. 09/29/03 2 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. What is the acreage of the project/property site? 0.4 acres 15. What is the purpose of this application/nature of proposed use? To accommodate a commercial or mixed use development. 16. All documents, reports, studies, exhibits (8 1/2 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 letters explaining why any document you are attaching is pertinent to this application). 18. 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, G/I, 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 Public hearing and public meeting mail notice fees, including cost of hancjling and mailing per notice Signature Name Ben Fernandez, Esq. Telephone 305-377-6235 STATE OF FLORIDA COUNTY OF MIAMI-DADE $ .20 $ 750.00 $ .25 $ 900.00 $ .30 $ 1,000.00 $ 3.50 Address 200 South Biscayne Blvd., # 850 Miami, FL 33131 Date November , 2003 The foregoing instrument was acknowledged before me this _ 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 and who did (did not) take an oath. (Stamp) BETTY LLERENA MY COMMISSION # DD 095997 EXPIRES: February 27, 2006 1-&00-3-NOTARY FL Notary 5rrvic & e nCin9, Inc. 3 Rev. 09/29/03 AFFIDAVIT Before me, the undersigned authority, this day personally appeared Ben Fernandez, Esq, 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, El including 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 305-377-6235. 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. Ben Fernandez, Esq. Applicant Name Applicant Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of November 2003, by Ben Fernandez, Esq., who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. IeIShe is personally known to me or who has produced as identification and who did digit) take an oath. (Stamp) BETTY LLERENA MY COMMISSION # OD 095997 EXPIRES; February 27. 2005 AP,Y FL Notary aorviCc & 6erramg, Inc. Rev. 09/29/03 4 N/A N/A Ben Fernandez, Esq. Owner or Attorney for Owner Name STATE OF FLORIDA COUNTY OF MIAMI-DADE DISCLOSURE OF OWNERSHIP Street address and legal description of subject property: See attached Exhibit "A" 2. Owner(s) of subject property and percentage of ownership. Note: The Miami City Code 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, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest are required. (Please supply additional lists, as applicable.) Lot 3 Owner's Name 420 Property, Inc. (Anibal Duarte-Viera 100%) Mailing Address 8550 NW 33rd Street, # 200 Miami, FL Zip Code 33122 Telephone Number 305-447-4676 Lots 1 & 2 Owner's Name 414 Property, LLC (Gabriel de la Campa 100 %) Mailing Address 8550 NW 33rd Street, # 200 Miami, FL Zip Code 33122 Telephone Number (305) 785-4342 3. Street address and legal description of any property (a) owned by any party listed in answer to question #2 and (b) located within 500 feet of the subject property. (Please supply additional lists, as applicable.) Street Address Legal Description N/A Owner or Attorney for Owner S ature The foregoing instrument was acknowledged before me this t day of November 2003, by Ben Fernandez, Esq., who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation./She is perso known to ID.t or who has produced as identification and who did (did not) take an oath. (Stamp) Rev. 09/ BETTY LLERENA MY COMMISSION # DD 095997 EXPIRES: February 27, 2006 g/t. 0-3-NOTARY FL Notary Servica & Son@incl, tor.. 5 Si nature 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. This instrument was prepared by: ALaERTO A. RODRIGUEZ, ESQUFIRE ALBERTO A. RO➢RIGUEZ, P.A. Z2 10 Brickell Avenue, Suite 1680 Miami, FL 33131 Grantee S.S- # Property Appraiser's Parcel Identification ;Folio) Number(s): Q1-0204-090-1010 Space above this line [or recording data CFN 2003RQ290919 OR Bk 21217 Ps 1469; (11)0 RECORDED 05f04/2003 13:39: . DEED D➢C TAX 4'200.00 SURTAX 3450.00 150.00 HARVEY ROUINr CLERK OF COURT IIAtMI-DADE COUNTY, FLORIDA LAST PAGE This Warranty Deed, Made the th day of April, 2003, BY Tri-U Investments, office address is 401 S.W. 8Ch the grantor, to 414 Property, LLC, office address is 8550 hereinafter called the Inc., a Florida Street, Miami, FL corporation, whose post 33130, hereinafter called a Florida limited liability company, whose post N.W. 33' Street, Suite #200, Miami, FL 33122, grantee: (Wherever used herein the terns "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporation) Wi the s seth : that said grantor, for and in consideration of the sum of TEN AND NO/100 f010.00; Dollars. and other goad 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: [he North 100 feet of Lots 1 and 2, Block 49, of CITY OF MIAMI SOUTH, according to the plat thereof, recorded in Plat Book 13, at Page 41, Public Records of Miami -Dade County, Florida. Subject to restrictions, conditions, reservations, easements, limitations and other matters 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 pc -autos hereby covenants with said grantee that it is lawfully seized of said land in :ee 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; and that 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 is the presence of: 4/tt k Jr. ranted Signature Tri-U Investments, Inc., Florida corporation By; Eduardo F. Escobar, Vice - President Printed Name/Title: STATZ 0? FLORIDA Cci;2i3TY OF MIAMI-DAME? The foregoing instrument was acknowledged before me this day of April, 2003 by Eduardo F Escobar, Vice -President of Tri-U Investments, Inc., a Florida corporation, who is personally known to me or who has produced asident:L f ication. y qAlberto Rodriguez J� .k * My Commission CC866517 „„ r# Expires Odaber 16, 2004 Printed Name: Notary Public My Commission Expires: tttt r. itMalt. 20388P 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.: jSpace Above 113isLineFor Recordingl?atal Warranty Deed 0 2 R 2 9 CI 704- 2002 NAY 09 1;a1,n DOCSTF'IEE 2016.00 916.00 SURTX 2187.00 HARVEY RUVINF CLERK DADE C0L?4TYf Et_ 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 all the parties to this 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 suns 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 4l, 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 lorever. And the grantor hereby covenants with said grantee that thegrantor 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. DouhleTimeE .J tiFf. REC. 911. 0388P 3959 Signed, sealed and delivered in our presence: JRV INVESTMENT CORP. Fay: ' `4- 'I/ ,t,.-c-reil4;i JO RALt_: (F VARONA _� Yesident Witness Name: (Corporate Seal) State of Florida County of Miami -Dade The foregoing instrument was acknowledged .efore methis c ay of April, 20 by JOSE RAU1 DE V ONA, President of JRV INVESTMENT CORP.. on . -half of the corporation_ He _ is person known o me or ] has produced as identitic. ' n. n [Notary Seal] CC 746t`63 Notary Public Printed Name: My Commission Expires: pFNCk-�'W..RECO 3 ; RECORDED OF DACE Coves' V RECORD vERIF&D FIAPVEY Rt1VIR CLERK CEf?CU f COURT Warranty, Deed - Page 2 DoubleTime�