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DEPARTMENT OF HEARING BOARDS
444 SW 2nd Avenue, 7``'' Floor • Miami, Florida 33130
Telephone 305-416-2030 e Fax 305-416-2035
o'N3
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 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 fl9PgiO,
•
Alonso & Alonso Enterprises, Inc., a Florida corporation
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):
Address of property: 719 NW 13 Avenue, Miami, Florida 33125
2. Folio number:
01-3132-025-0120
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. See Exhibit "A"
9. Present zoning designation(s): R-4
Future zoning designation(s): O-1
10. Statement explaining��why present zoning designation is inappropriate.
Exhib
it bit "B"
11. Statement as towhyproposed zoning designation is appropriate.
SeeExhibit 1 C"
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?/- .13 acres
15. What is the purpose of this application/nature of proposed use? To rezone the parcel
to permit the construction of an office use on the property
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, 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
Public hearing and public meeting mail notice fees,
including cost of handling and mailing per notice
Signature
Name
Telephone (305) 444-1500
Chad Williard, Esq.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Address
Date
$ .20
$ 750.00
$ .25
$ 900.00
$ .30
$ 1,000.00
$ 3.50
999 Ponce de Leon Blvd, Suite 1000
Coral Gables, Florida 33134
December:4, 2003
The foregoing instrument was acknowledged before me this -3 day of
20(g bywho is a(n)
individualipartne g jcorporation ofAlonso & Alonso Enterprises, Inc.
a(n) individual/partnership/corporation. He/She is personally known to me or who has
produced as identificationn^ ar�d who didjdid not) take an oath.
(Stamp)
OFFICIAL NOs 1,1' Sal
JEFFREY M FLANAGAN
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC940790
MY COMMISSION FXP_ MAY 30,2004
Rev. 09I29/.03 3
AFFIDAVIT
Before me, the undersigned authority, this day personally appeared
Chad Williard, Esq. who being by me first deposes and says:
That he/she 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, lg 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 day of .
20tV by C ~ % L..,c. Asz who is a(n)
individual/partner corporation of ALONSO & Aiso Ente.cprises, Inc.
a(n) individual/paeshon
ip/corporation. He/She is personally known to me or who has
produced as identification and who did (did not) take an oath.
(Stamp)
JEFFREY M FLANAGAN
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC94 YJ
MY COMMISSION EXP MAY 30,2004
SignatureU
Rev 09129103 4
•
DISCLOSURE OF OWNERSHIP
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,)
Owner's Name Alonso & Alonso, Enterprises, Inc., a Florida corporation
Mailing Address
719 NW 13 Avenue, Miami, FL Zip Code 33125
Telephone Number (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 Legal Description
Chad Williard, Esq.
Owner or Attorney for Owner Name Owner or Attorney for Owner Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this ' day of C--
20by C t--1 who is a(n)
individual/partne agenit 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)
ICIAL NOTARY SEAL
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC940790
MY COMMISSION EXP. MAY30,2
Rev. 09129/03
•
NAME
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"
10. Statement explaining why present zoning designation is inappropriate:
The current zoning designation of the subject property is R-4. This R-4 zoning
designation is inappropriate due to the fact that maintaining such zoning 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, R-4 zoning designation would negate the
Property owner's plan to upgrade the building, parking and landscaping on the site.
Therefore, by maintaining the R-4 zoning 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 11 herein (attached
hereto as Exhibit "C"), maintaining the present zoning classification 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 zoning designation is inappropriate in that it would result in an
undue burden and financial hardship on the Applicant.
• •
Exhibit "C"
11. Statement as to why proposed zoning designation is appropriate.
The Applicant proposes to rezone the subject property (the "Property") from R-4 to
C-1. The proposed, C-1 zoning designation is appropriate in that such C-1 zoning
designation would permit the office use which has existed on the Property for more
than 20 years. Also, the proposed, C-1 zoning designation is compatible with the
surrounding area in that the parcel immediately south of the Property (which wraps
around the Property's eastern boundary, as well) is zoned C-1. As such, rezoning
the Property to C-1 would permit a natural extension of C-1 zoning north from NW 7
Street, along NW 13 Avenue.
While the proposed, C-1 zoning 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 rezoning designation, the
overriding consideration for approving this zoning request is the fact that, without this
C-1 zoning, 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
plans 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 C-1 zoning
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 zoning to permit the continued professional office use. It
was only after the Property was purchased and the new owner submitted building
plans for proposed upgrades to the site, that it was discovered that the Property was
zoned R-4. As such, without the C-1 zone change, the Property is essentially
worthless and useless to the Applicant.
For all the reasons set forth herein, the Applicant respectfully requests that this C-1
zone change be approved.
a
NEAL S. LITMN 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 Cali No.:
•
[Space Above This Line For Recording natal
111.1111111
1111
111
31111311111111
i1111
GFFI 2003RO494-8O
OR Sk 21441 Pss 3631 - 3632, (2r
RECORDED 0701/2003 OS:33:42
DEED DOC TAX 1p710.00
SURTAX 1r282.50
HARVEY RUVIN, CLERK OF COURT
MIAMI--DADE COUNTY, FLORIDA
Warranty Deed
This Warranty Deed made this/t0 day of July, 2003 between Leonard Rosenberg whose post office address is 59
North River Read, 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)
Witriesseth, 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 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, 2002.
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written.
oue t ttnee
•
Signed, sealed and delivered in ou presence:
Witness Name:
Witness Name:
State of Florida
County of Miami -Dade
r2 . L,j L_ 17/0 5
Leonard Rosenberg
The foregoing instrument was acknowledged before me this I9th day of Ju
personally known or [ ] has produced a driver's license as identifica 'on.
[Notary Seal]
=01"" •"•`• Patricia L Lyons
:4 MYCOMMiSSION# DD082069 EXPIRES
February 2Q 2006
BONDED 1HRU TROY FWN INSURANCE, INC
Notary c
Printed Name:
R S.K.2144-1 PG 363:
_AST PAGE
y Leon . rd Ro nberg, who L] is
My Commission Expires:
Warranf1' ikesi_ J g_2