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HomeMy WebLinkAboutApplication & Supp DocsWEISS SEROTA HELFMAN PASTORIZA GUEDES COLE & BONISKE, P.A. MITCHELL A. BIERMAN NINA L. BONISKE MITCHELL J. BURNSTEIN JAMIE ALAN COLE EDWARD 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 5. BIELER MICHELLE BUCKALEW ELAINE M. COHEN Ms. Teresita Fernandez City of Miami Hearing Boards 444 S.W. 2" d Avenue Miami, FL 33130 ATTORNEYS AT LAW MIAMI-OADE OFFICE 2665 SOUTH BAYSHORE DRIVE SUITE 420 MIAMI, FLORIDA 33133 TELEPHONE 305-854-0800 TELECOR1ER 305-8554-2323 WWW.WSH-LAW.COM BROWARD OFFICE 3107 STERLING ROAD • SUITE 300 FORT LAUDERDALE, FLORIDA 33312 TELEPHONE 954-763-4242 • TELECOPIER 954-764-7770 *OF COUNSEL April 5, 2004 V(VEAN DE LAS CUEVAS-01AZ STEPHANIE DEUTSCH* JENNIFER A. GOLOBERG DOUGLAS R. GONZALES TARA L. GOULD CHRISTOPHER F. KURTZ PETER A. LICHTMAN KAREN LIEBERMAN* MATTHEW H. MANDEL BERNARD 5. HANDLER* MICHAEL J. MARRERO ALEXANDER t. PALENZUELA-MAURI MICHAEL 5. POPOK° ANTHONY L. RECIO SCOTT A. ROBIN GAIL O. 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 fine 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 yours, Gilberto Pastoriza WEISS SEROTA HELFMAN PASTORIZA GUEDES COLE & BONISKE, P.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 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 Gilberto Pastoriza, Esq., on behalf of Coral Way Acquisition Properties 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: 3269, 3265 and 3253 SW 22 Terrace, Miami, FL 2. Folio number: 01-4116-009-1320; 01-4116-009-1330; and 01-4116-009-1340 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-2 Future zoning designation(s): C-1 10. Statement explaining why present zoning designation is inappropriate. See attached letter of intent 11. Statement as to why proposed zoning designation is appropriate. See attached letter of intent 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? .396 acres (17,250 sq. ft.) 15. What is the purpose of this application/nature of proposed use? See attached letter of intent 16. All documents, reports, studies, exhibits (8 '/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, includi�:g eostof, handling and mailing per notice Signat Name Gilberto Pastoriza, Telephone (305)854-0800 STATE OF FLORIDA COUNTY OF MIAMI-DADE $ .20 $ 750.00 $ .25 $ 900.00 $ .30 $ 1,000.00 $ 3.50 Address 2665 S. Bayshore Drive, #420 Miami, FL 33133 Date April 5, 2004 The foregoin• instrume w s acknowledged before me this S day of f 2f) , „�. w erfagenticorporation of a ) ' livid . • • artnershiplcorporation. Hlhe is ers n to or who has produced as identification and who did (did not) take an oath. o is a(n) (Stamp) CG4i.NOTARY S AA. STEVEN W MUCOSITY C MI^SSIc1 NUMBER I:0.36046 v ccarr tSSIoN EXPIRES ,JUNE 21,2005 3 Rev. 09/29/03 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 +- e owner , er 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, © 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 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 Applicant Signatur STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this .4'day of AV 24 t a r who is a(n) dividu. • rtnerlagenticorporation of a(n) individual/partnership/corporation. 3; he is _personally known to me, or who has produced as identification and who did (did not) take an oath. (Stamp) ® NOTARY SEAL vP"- E E w nixavvra ocrwwasTcp a 61M;:S,0N eSES OF .iUNE 21,2005 Rev. 09/29/03 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 3252 Coral Way Miami, FL Gilberto Pastoriza, Esq. Owner or Attorney for Owner Name STATE OF FLORIDA COUNTY OF MIAM1-DADE 2 a(n) ' ivid produced (Stamp) Legal Description Lots 7, 8, and 9, Block 4, of Amended Plat of Miami Suburban Acres, according to the Plat thereof recorded in Plat Book 4, Page 73 of the Public Records of Miami -Dade Coun orida Owner--sf Attorney fc Owner Signa The foregoinginstrument was acknowledged before me this day of Is.e_61i a who is a(n) Kf artner/agentfcorporation of I/partnership/corporation. e/ a is personally known to me or who has s identification and who did (did not) take an oath. Sa sioNEXPIRES Rev. 09/29/03 5 EXHIBIT "A" DISCLOSURE OF INTEREST The members of Coral Way Acquisition Properties, LLC are: Blanca Cabrera Jose Garcia Lazaro Garcia Their addresses are: 51% 24t/2% 24 % % c/o Gilberto Pastoriza, Esq. 2665 South Bayshore Drive, Suite 420 Miami, Florida 33133 Tel. No. (305)854-0800 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. FtEC 19731 PG. 2033 14 CharlesW. 8altisti, Esq. 1510 Matiruga Avenue Suite 209 Miami, F1,33146 305-667-9200 file Number: 00.208 Will Cali No.: Granicc 5.S. Na. Parcel Identification No. s_t3.ii;;;2r:r9'A.4 2001 3tJl DOatTF`tEE 12100,01J SUM Ct1000.1.10 .IRVE.'r RUM t CL1;RK ©MW COJ1{i'ft IL _ 1Spsce AGot'r Reis i siw For ttcculding 1311o1._ Warranty Deed (S'EMIITOHY foittl•SYr"'ilrlvnt'f.o1,F.51 This Indenture made this 1311) day of June, 2001 between 3252 Corp., a Florida corporation whose post office address is 1212 Hardee Road, Miami, FE, 33146 of the County of 311atni•Daste, State of Florida, grantor*, and CORAL WAof Y ACQUISITION ! rida. whose oo office add esslis 9330 S.W11ited Liabitity 40 h Street, Miami, Company,331655 ofaed f the County tnf illiansie laws r-Dade, StatState of Florida, grantee•. Witnessed that said grantor, fm of TEN DOLLARS good and valuable cat si ierationsEto said sgrantor i »rhand paid hyt3 and said grantee, thereceipt wt;ereof is hereb}'acknowledged. has granted, bargained, and sold to tlic said grantee, and grantee's heirs and assigns forever, the following described land, situate, iyingand being in hflami•Dadc County. Florida. to -wit: Lots 7, 8, and 9, less Street, and Lots 32, 33 and 34 less the South 10 feet thereof in Block 4, of AMENDED PLAT OF NIIAIII SUBURBAN ACRES, according to the Plat thereof, as recorded in Plat Doak 4, at Page 73, of the Public Rceerds of Miami-lladc County, Florida Also known as 3252 Coral Way, Miami, Florida , and 3265-3269 S.W. 22ND'1'crraec and 3253 S.W. 22NDTerrace, Miami, Florida SUBJECT TO a Purchase hloney First, Mortgage, given by Grantee to Grantor, securing the original principal sum of $1,700,000.00. Subject to taxes for 2001 and subsequent years; covenants, conditions, restrictions. easements, reservations and limitations of record, if any. ;Ind said grantor does hereby fully warrant the title 10 said land, and will defend the sane against lawful clalntS of all persons whomsoever. • "Gianioi a i "(irantfc" is:c used rt•/ fiugsitar of plural, a; coroc,t requires. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. 0oubloTime• • f RN 19731 PG, 2034 Signed, scaled and delivered in our presence: 3252 CORP., a Florida corporation CIIRI TOPIII P('ONOMID1 S Witness rli t_'�—�T } 'r`I-'"—� President Witness Name `:SiiV'f r...' , _;,..,;._..` °!ir_; a (Corporate Seal) State of Florida County of �1iarni-t]adc The foregoing instnimcnt w35 acknowledged before me this 13th day of Jue, 2001 by CIIRISTOP1li:lt IiCONOti1LD1:S, President of 3232 CORP., a Florida corporation, an behalf of the corp asipn. l tcaslrc j_) is personally known to me or (XI Itas produced a driver's license as identification. [Notary Seal] irprranty Dear Maititar}• Form) • Page 2 Notary Printed Name: Nly Co (A,P..:u IJAYJci CCE7s07 7�*49 nv rouu°.',S'ci'7 i%QIfES 0J pL0 NOV S 7063 IzLLifi0,1.6,0 • • 04 DACEClxf+rr. . •'� v 1,100I76 vJ;ffR ffi), tiARVEY RPM cam crrscuir Count OoubloTirneo