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HomeMy WebLinkAboutApplication & Supp Docs• WEISS SEROTA HELFMAN PASTORIZA GUEDES COLE & BoNISKE, P.A. MITCHELL A. BIERMAN NINA L. BONISKE MITCHELL J. BURNSTEIN JAMIE ALAN COLE £DWARD G. GUEDES STEPHEN J. HELFMAN JOHN R. HERIN, JR. HARRIET R. LEWIS GILBERTO PASTORIZA GARY I. RESNICK JOSEPH H. SEROTA NANCY E. STROUD RICHARD JAY WEISS DAVID M. WOLPIN STEVEN W. ZELKOWITZ LILLIAN ARANGO DE LA HOZ• ALISON S. BIELER MICHELLE BUCKALEW ELAI NE M. COHEN • • Ms. Teresita Fernandez City of Miami Hearing Boards 444 S.W. 2nd Avenue Miami, FL 33130 ATTORNEYS AT LAW MIAMI-DADE OFFICE 2665 SOUTH EAYSHORE DRIVE SUITE 420 MIAMI, FLORIDA 33133 TELEPHONE 305-854-0800 TELECOPIER 305-854-2323 WWW. WSH-LAW.COM BROWARO OFFICE 3107 STIRLING ROAD • SUITE 300 FORT LAUDERDALE, FLORIDA 33312 TELEPHONE 954-763-4242 • TELECOPIER 954-764-7770 *OF COUNSEL April 5, 2004 VIVIAN DE LAS CUEVAS-DIAZ STEPHANIE DEUTSCH• JENNIFER A. GOLDBERG DOUGLAS R. GONZALES TARA L. GOULD CHRISTOPHER F. KURTZ PETER A. LICHTMAN KAREN LIEBERMAN• MATTHEW H. MANDEL BERNARD 5. MANDLER• MICHAEL J. MARRERO ALEXANDER L. PALENZUELA-MAURI MICHAEL S. POPOK• ANTHONY L. RECIO SCOTT A, ROBIN GAIL D. SEROTA• JEFFREY P. SHEFFEL JOSE S. TALAVERA SUSAN L. TREVARTHEN• JAMES E. WHITE Re: Application amending the City's Zoning Atlas ("the "Atlas") and Comprehensive Neighborhood (the "Plan") Dear Ms. Fernandez: Our firm represents Coral Way Acquisition Property, LLC ("Coral Way") which owns the property located at 3252 Coral Way, Miami, Florida (the "Property"). The Property is legally described in the attached Exhibit. The Property is currently vacant and is part of Sergio's Restaurant. Sergio's Restaurant is comprised of six lots. Three of the lots abut Coral Way (the "Coral Way Lots") and the other three lots abut SW 22 Terrace (the "Terrace Lots") The Coral Way Lots are designated Restricted Commercial in the Plan and are zoned C-1 with an SD-23 overlay. The Terrace Lots are designated Duplex in the Plan and zoned R-2 in the Atlas. Coral Way is requesting that the Terrace Lots be re -designated to Restricted Commercial in the Plan and re -zoned to C-1 in the Atlas. For the reasons outlined below we feel that this request is in order. As a result of recently approved development in the area Sergio's Restaurant has experienced a substantial increase in its customer base thus requiring not only an expansion of the current building but also an expansion of its parking facilities. The only area where the • • • Teresita Fernandez City of Miami Hearing Board Page No. 2 April 05, 2004 building may be expanded and additional parking provided is on the Terrace Lots. Unfortunately, the present designation and zoning on the Terrace Lots do not allow for the much needed expansion ergo this request. Coral Way has already submitted for a Class II Special Permit Application which is required under the SD-23 regulations affecting the Coral Way Lots. The plans have already been reviewed by staff and appear to be in order except for this request. It is Coral Way's intention to build in accordance with the Class II Special Permit plans. Coral Way will be proffering a Declaration of Restrictions which if accepted by the City will require that the property be developed in substantial compliance with the Class II Special Permit Plans. The North side of S.W. 22nd Terrace is mostly already designated commercial and zoned C-1. In fact, the property immediately to the East recently sought and was granted a similar request. This request is consistent with similar requests occurring on the North side of S.W. 22nd Terrace and will allow the much needed expansion of the restaurant and the parking facilities. Without this request Sergio's Restaurant cannot survive. We look forward to your favorable review and recommendation of this request. Please contact the undersigned if you have any questions or require additional information. GP/sad ours, Gilberto Pastoriza WEISS SEROTA HELFMAN .. t .-. a !'_ t r.-. R .1.T T t u 1:3 A 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 1. 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 © Other, please specify: Gilberto Pastoriza, Esq., on behalf of Coral Way Acquisition Properties, LLC 5. The subject property is located at: 3269, 3265 and 3253 SW 22 Terr. Miami, FL Folio number: 01-4116-009-1320, 01-4116-009-1330 and 01-4116-009-1340 AND MORE PARTICULARLY DESCRIBED AS: See attached legal description 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 as indicated in the Land Use Plan: FROM: Duplex TO: Restricted Commercial 7. What is the purpose of this application? See attached letter of intent 8. What is the acreage of the project/property site? .396 acres (13,250 sq. ft.) 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? YES 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. See attached letter of intent 16. Please submit a statement justifying your request to the requested plan designation change. See attached letter of intent Rev. 09/29/03 3 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. 18. Other (specify and attach cover letter explaining why any document you are attaching is pertinent to this application). 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 mailin er notice S' $ 300.00 $ 450.00 $ 550.00 $ 650.00 $ 1,200.00 $ 1,200.00 $ 3.50 2665 S. Bayshore Drive, #420 Name Gilberto Pastoriza, Es q — Miami, Florida 33133 Telephone (305)854-0800 STATE OF FLORIDA COUNTY OF MIAMI-DADE Date April 5, 2004 The foregoing instrument was acknowledged before me this A5 day of A pi- ; 2 4 by Ji i t+r 7.0., who is a(n) dividuatlpartner/agenticorporation of a(n) iidividuallpartnership/corporation. . he is personally known to mg, or who has produced as identification and who did (did not) take an oath. (Stamp) SET-'V/ZE 7 x1 GOMMISSEGN NUMBER DD02604S 11/44Y . rAMlSS ON EXPIRES -(3 JUNE 21.2005 Signature LA), 7 t ►ate_, . t'i' _ Rev. 09/29/03 4 • • • AFFIDAVIT Before me, the undersigned authority, this day personally appeared Gilberto Pastoriza, 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, 0 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 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. Gilberto Pastoriza, Esq. Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE Applicant Signatur The foregoing instrument was acknowledged before me this day of A V 1 2+ by , L +0 4am-1 -t'.. who is a(n) dividu. .rtnerlagent/corporation of a(n) individual/partnership/corporation. the is personally known to me, or who has produced as identification and who did (did not) take an oath. (Stamp) ¢,�,nr PgV6�. sTEvEEANL NOTARY YSEAL OWITZ w J * COMMISSIC'4 NUMBER ^, ri ▪ cr 00036046 9t 4� MY COMMISSION EXPIRES ©F ft_0 JUNE 21.2005 Signature ‘,.t LA0. Rev_ 09/29103 4 DISCLOSURE OF OWNERSHIP 1. Street address and legal description of subject property: 3269, 3265 and 3253 SW 22nd Terrace, Miami, Florida Lots 32, 33 and 34, less the South 10 feet thereof, Block 4 of Amended Plat of Miami Suburban Acres, according to the Plat thereof, as recorded in Plat Book 4, Page 73, of the Public Records of Miami -Dade County, Florida. 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 Coral Way Acquisition Properties LLC c/o Gilberto Pastoriza, ESQ. Mailing Address 2665 S. Bayshore Drive, #420, Miami, FL Zip Code 33133 Telephone Number (305)854-0800 See Exhibit "A" 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 3252 Coral Way Lots 7, 8, and 9, Block 4, of Miami, FL Amended Plat of Miami Suburban Acres, according to the Plat thereof recorded in Plat Book 4, Pace 73 of the Public " - • rds of Miami -Dade Coun Gilberto Pastoriza, Esq. Ownef-ef Attorney for Owner Name STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoin instrume t was acknowledged before me this ' day of Apt 2r► .. �i� ��.s�r -t,r�.- who is a(n) artner/agenticorporation of a(n) ' . ivid /partnership/corporation. e/ a is personally known to me or who has s identification and who did (did not) take an oath. produced (Stamp) OFFICIAL NO Oh ' r '` STEVEN W ZEUU N1TZ i Ccr MISS10k Nt.IMSER e CMMISSION EXPIRES DDO36046 �l'OF f�e Yc 212005 Signatures n.... nnrnnina • EXHIBIT "A" DISCLOSURE OF INTEREST The members of Coral Way Acquisition Properties, LLC are: Blanca Cabrera 51 % Jose Garcia 24 %2 % Lazaro Garcia 24 %2 % e Their addresses are: c/o Gilberto Pastoriza, Esq. 2665 South Bayshore Drive, Suite 420 Miami, Florida 33133 Tel. No. (305)854-0800 a • LEGAL DESCRIPTION Lots 32, 33, and 34, less the South 10 feet thereof, Block 4 of Amended Plat of Miami Suburban Acres, according to the Plat thereof, as recorded in Plat Book 4, Page 73, of the Public Records of Miami -Dade County, Florida. • • • • ROE 19731 PG. 2033 Charles V. 0atlisli, Esq. 1570 hladru4a Avenue Suite 209 Miami, FL 33146 305.667-9I00 File Number: 00.208 Will Cali No.: Granter S.S. No. Parcel Identification No. 1Spaee,VN3sC rl,isl n For llett„IrnZ1bul.• _•__ ..._ 1:r7.fi : 2! t944 ?i'i.1 JUUN ?tl Lii:7 '"XSTP0EE 1210n0.QU SUf<Til ir1000.+Jlt H(dWE'( C:'tIVIN CLER'r: DADE C0r1F1i'i, IL Warranty Deed (STATUTORY FORM • SF('Tn1N 0%03.f.S Phis I ndenture made this 13th day of June, 2001 between 3252 Corp., a Florida corporation whose post office address is 1212 Hardee Road, Miami, EL 33146 of the County of hliansi•Datle. State of Florida, grantor'. and CORAL WAY ACQUISITION PROPERTIES, I.I.C., a Unshed Liability Company, organized under the laws of the Stale of Florida. whose post office address is 9330 S.W. 40th Street, 111uiss1, F1. 33165 of the County of htiand-Dade, State of Florida, grantee. Witnessed that said grantor. for and in consideration of ti# suns of'fl:N ANI) NOt100 DOLLARS (510.00) and a1'.tcr 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 laud, situate, lying and bring in Miai i-Dade County. Florida. tu•wit: Lola 7, 8, and 9, less Street, and Lots 32. 33 and 34 less the ynnth 10 feet thereof In shock 4, of AMENDED PATOF AISUBURBAN RB NtES. ordntohePlatthereof, as recorded in ok atPasF. of e PublicRraof hlaccording cde County. Also known as 3252 Coral Way, hiiansi, Florida , and 3265.3269 S.W. 22ND Terrace and 3253 S.W. 22ND'fcrrace, hlinini, Florida SUBJECT TO a Purchase Money First Mortgage, given by Grantee to Grantor, securing the original principal suns of S1,700,000.00. Subject to taxes for 2001 and subsequent years; covenants, conditions, restrictions. easements. reservations and limitations of record. If any. and said grantor does hereby fully warrant the title to said land, and will defend the sane against lawful claims of al1 persoi,s wharnsoevo. •'CinnWi and'Ylranrre are nuns fasingutarurplurol.ascontest req+irns. In Witness Whereof, grantor has hereunto set grantors hand and seal die day and year first above written. 0osstr1cT3rne= •. • 019731 PG. 2034 Signed, sealed and delivered in our presence: 3252 CORP.. a Florida corporation Witness ) tJ`1je`_k; CIIIUSTOPIIIJi i':CU`O,M1O1 S President / , 4; C i . Witness Name r,: t•i lq �'� • , i „:'v'1: r I (Corporate Seel) State of Florida County of hilanli•Dade The foregoing instrument was acknowledged before me this 1 nth day of June. 2001 by CIIR1STOPI IER liCO`OM1D1:S. President of 3252 CORP„ a Florida corporation, on behalf of the corp alit n. iTc°Shc [_] is personally known to me or [Xj has produced a driver's license as identification. (Notary Seal) !Fortuity Jkrd rtlmerror)- Farm} - P2ge Notary Printed N y�•� rrO.IFJA ALLAYXi ?'1yCo yy. Ca79C27 +P wv reweActe IONS flr ltU Nov 5 JCS3 kert/CIJ,v\I •w- . . • NtCO� vESYiEU , HARVEY RUVIN carur CirtCuer c(ruRi r. Coubt.Tlme+