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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 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
•
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 Tess 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
$Other, please specify Property Owner: Alonso & Alonso Enterprises, Inc.
5. The subject property is located at: 719 NW 13 Avenue. Miamf., Florida 33125
Folio number: 01-3132-025-0120
AND MORE PARTICULARLY DESCRIBED AS: Scc Legal Description attached hereto
as E E:At "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 amendment(s)
to the Miami Comprehensive Neighborhood Plan for the above -described property 7,,s
indicated in the Land Use Plan:
FROM:
High Density Multifamily
TO: Restricted Conicercial
7. What is the purpose of this application? 'o amend the property's plan designation
to Restricted Corrrcial in order to permit the continuation of a professional
office use on the property.
8. What is the acreage of the oroject/property site?
(+/-) 0.13 acres
9. Has the designation of this property been changed in the last year? If so, when?
NO
10. Do you own any other property within 200 feet of the subject property?
If yes, has the property been granted a change in plan designation within the last year?
NO
11. Have you made a companion application for a change of zoning?
YES
12. Have you filed a(n):
Affidavit of ownership? YES
Disclosure of ownership form? YES
■ List of owners of property within 500 feet of the subject property? YES
If not, please supply them.
13. 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
14. 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
15. Please submit a statement indicating why you think the existing plan designation is
inappropriate. y
Sco Exhib� 4 "B"
16. Please submit a statement justifying your request to the requested plan designation
change.
See Exhibit "C"
Rev. 09/29/03
• •
17. 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. N/A
18. Other (specify and attach cover letter explaining why any document you are attaching is
pertinent to this application). N/A
19. 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
Signature
Name Chad Williard, Esq.
Telephone (305) 444-500
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Address
Date
$ 300.00
$ 450.00
$ 550.00
$ 650.00
$ 1,200.00
$ 1,200.00
$ 3.50
999 Ponce de Leon Blvd, SUite 1000
Coral Gables, Florida 33134
December 4, 2003
The foregoing instrument was acknowledged before me this day of e .
20 j by C . LA/ s ., who is a(n)
individuailpartner gent orporation of Alonso & Alonso Enterprises, Inc.
a(n) individual/pa nershipicorporation. He/She is pe_r§onallyn to me or who has
produced as identification and who did (did not) take an oath.
(Stamp)
OFFICIAL NOTARY SEAL
JEFFREY M FLANAGAN
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO, CC94w790
MY COMMISSION EXIT, MAY 30,2004
Rev. 09/29/03 4
. •
AFFIDAVIT
Before me, the undersigned authority, this day personally appeared
Chad Williard, Esq . , who being by me first deposes and says:
1. That helshe is the owner, or th
egal representative
f 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, IcS 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 305-444-1500
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.
Chad Williard, Esq.
Applicant Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Applicant Signature
The foregoing instrument was acknowledged before me this 5 day of (.- - .
200by C ) ‘ ,c. a- who is a(n)
individual/partner a corporation of ALONSO & Alanso EnteLprises, Inc.
a(n) individual/pa ip/corporation. He/She is personally known to me or who has
produced as identification and who did (did not) take an oath.
(Stamp)
OFFICIAL NOTARY SEAL
JEFFREYM FLANAGAN
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC940790
MY COMMISSION EXP. MAY 30,2004
Rev. 09/29/03 4
•
DISCLOSURE OF OWNERSHIP
1. Street address and legal description of subject property:
719 NW 13 Avenue, Miami, Florida 33125
Legal Description see Exhibit
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.)
Alonso & Alonso, Enterprises, Inc., a Florida corporation
Owner's Name
Mailing Address
Telephone Number
719 NW 13 Avenue, Miami, FL Zip Code 33125
(305) 444-1500
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.) N/A
Street Address
Chad Willard, Esq.
Owner or Attorney for Owner Name Owner or Attorney for Owner Signature
Legal Description
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of c-
2Q2 by who is a(n)
individual/partnertagentT rporation of Alonso & Alonso Enterprises, Inc.
a(n) individual/pa ership/corporation. He/She is personally known to me or who has
produced as identification and who did (did not) take an oath.
(Stamp)
OFFICIAL NOTARY SEAL
NOTARY PUBLIC STATE F FLORIDA
COMMISSION NO. CC940790
MY COMMISSION EXP. ,AY302004
Signature
Rev. 09/29/03
•
ISWE
Leonardo Alonso
Magaly Alonso
ADDRESS NO. OF SHARES
4808 Grana Blvd.
Coral Gable Fl.
33146
4808 Granada Blvd.
Coral Gables, Fi.
33146
50
50
• •
Exhibit "A"
Legal Description:
Lot 14, less the East 30 feet, in Block 1, of RIVERMONT PARK, according to the
Plat thereof, as recorded in Plat Book 4, Page 46, of the Public Records of
Miami -Dade County, Florida.
• •
Exhibit "B"
15. Please submit a statement indicating why you think the existing plan
designation is inappropriate.
The current, Miami Comprehensive Neighborhood Plan (the "Plan") designation of
the subject property is High Density Multifamily. This designation is inappropriate
due to the fact that maintaining it would not permit the continuation of the use which
has been established and ongoing on the subject property (the "Property") for more
than 20 years — professional office. Additionally, maintaining the present, High
Density Multifamily designation would negate the Property owner's plan to upgrade
the building, parking and landscaping on the site. Therefore, by maintaining the Plan
designation, the productive, office use on the Property would be terminated; thus,
resulting in the Property not being put to its highest and best use which negatively
impacts not only the Property owner, but also the city of Miami's tax base by
reducing the tax revenue potential of the Property.
Finally, as explained in more detail in the response to Item 16 herein (attached
hereto as Exhibit "C"), maintaining the present Plan designation would eliminate the
only use the Property owners (two doctors who bought the Property to house their
medical practice) can reasonably make of the Property: professional office. Thus,
the present Plan designation is inappropriate in that it would result in an undue
burden and financial hardship on the Applicant.
Exhibit "C"
16. Please submit a statement as to why proposed Plan designation is
appropriate.
The Applicant proposes to amend the Miami Comprehensive Neighborhood Plan
(the "Plan") designation for the subject property (the "Property") from High Density
Multifamily to Restricted Commercial. The proposed, Restricted Commercial Plan
designation is appropriate in that this designation would permit the office use which
has existed on the Property for more than 20 years. Also, the proposed designation
is compatible with the surrounding area: the parcel immediately south (which wraps
around the Property's eastern boundary, as well) of the Property is designated
Restricted Commercial. As such, amending the Plan to redesignate the Property to
Restricted Commercial would permit a natural extension of this designation north
from NW 7 Street, along NW 13 Avenue.
While the proposed designation would be compatible with the surrounding area and
does not represent an increase in intensity (from a land use perspective), given the
Property's existing, High Density Multifamily designation, the overriding
consideration for approving this request is the fact that, without this Plan
redesignation, the office use (which has existed on the Property for more than 20
years) cannot continue. As such, the only remaining use of the Property would be
residential — a use which is not particularly desirable or economically feasible given
the small size of the Property, coupled with the fact that the existing office building
on the Property could not be remodeled and converted to residential use. This
would result in a run down, under utilized Property due to the fact the Applicant's
plan to upgrade the building and site would be abandoned. This would negatively
impact the Property owner and the city of Miami.
Finally, there is a "fairness and equity" rationale for approving this request: the
Property owner recently purchased the Property with the assumption that, since a
law firm had existed on the Property for more than 20 years, the Property had the
proper Plan designation and zoning to permit the continued professional office use.
It was only after the Property was purchased and the new owners submitted building
plans (for proposed upgrades and improvements to the building and site), that it was
discovered that the Property was designated High Density Residential. As such,
without this Plan change, the Property is essentially worthless and useless to the
Applicant.
For all the reasons set forth herein, the Applicant respectfully requests that this Plan
redesignation to Restricted Commercial be approved.
r4EAL S. L!TMA,N P.A.
2900 S.W. 28th Terrace
Second Floor
Miami, Florida 33133
Prepared by:
Richard W. Lyons
Attorney at Law
Lyons and Smith, P.A.
1230 N.W. 7 Street
Miami, FL 33125
305-324-1100
File Number: 03276
Will Call No.:
•
[Space Above This Line For Recording Data)
1' 1fi11t 1gJ l 11 ii J, (lxs
C F N 2003RO4 r 4-8 0
OR Bk 21441 f'ss 3631 - 3632; (2p
RECORDED 07121/2003 08:33:42
DEED DOC TAX 1010.00
SURTAX 1,282.50
HARVEY RUVINr CLERK OF COURT
I1IAMI-DADE COU1lTYr FLORIDA
Warranty Deed
This Warranty Deed made this je) day of July, 2003 between Leonard Rosenberg whose post office address is 59
North River Road, Stuart, FL 34996, grantor, and Alonso & Alonso Enterprises, Inc., a Florida Corporation whose post
office address is 719 NW 13 Avenue, Miami, FL 33125, 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 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 14, less the East 30 feet, in Block 1, of RIVERMONT PARK, according to the Plat thereof, as
recorded in Plat Book 4, Page 46, of the Public Records of Miami -Dade County, Florida
Parcel Identification Number: 01-3135-025-0120
Grantor warrants that at the time' of this conveyance, the subject property is not the Grantor's
homestead within the meaning set forth in the constitution of the state of Florida, nor is it contiguous
to or a part of homestead property. Grantor's residence and homestead address is: 59 North River
Road, Stuart, Florida 34994
Subject to taxes for 2003, and subsequent years; covenants, conditions, restrictions, easements,
reservations and limitations of record, if any, however same are not reimposed hereby.
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold, the satiate 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, 2002.
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written.
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Signed, sealed and delivered in out presence:
Witness Name: i . 6,/ `{o $
State of Florida
County of Miami -Dade
R Bk 21441 PG 4AST PACE
Leonard Rosenberg
The foregoing instrument was acknowledged before me this loth day of July, 2 ► r 3 . y Lean
personally known or [ ] has produced a driver's license as identifica 'on.
[Notary Seal]
;;,.?:,'Yl"fix•. Patricia L Lyons
3*: ;*: MY COMMISSION t DD0s2069 EXPIRES
1-`�: February 20, 2006
•'%R°,t��'s BONDED iRUTROY FAIN INSURANC INC
Notary
Printed Name:
nberg, who [.] is
My Commission Expires:
Warranty peed - Page 2
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