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HomeMy WebLinkAboutApplication & Supp DocsBoca Raton Fort Lauderdale Jacksonville Miami Orlando Tallahassee Tampa West Palm Beach April 7, 2004 VIA HAND DELIVERY Ms. Ana Gelabert Sanchez Director, Planning and Zoning Department City of Miami 444 S.W. 2nd Avenue Miami, FL 33131 Senterfit ATTORNEYS AT LAW One S. iutheast Third Avenue 28th Floor Miami, Florida 33131-1714 www,akcrman.com 305 374 5600 tel 305 374 5095 /ix 305 755-5811 dir Ines Marrero-Prie8ues Of Counsel iran'ero@akerman.com Re: Application to Amend the Zoning Atlas and Overlay District for 3525, 3541 and 3545 S.W. 22 Terrace from R-2 to C-1 and SD-23 Dear Ms. Gelabert-Sanchez: This letter accompanies the application by Coral East Development Corp., a Florida corporation ("Applicant") to amend Ordinance No. 11000, as amended, the Zoning Atlas of the City of Miami for that certain property located at 3525, 3541 and 3545 S.W. 22 Terrace. The Applicant also owns the abutting four lots to the north, with frontage on Coral Way (S.W. 22 Avenue) as disclosed in the application materials.. The Applicant files this application and hereby applies to amend the City's Zoning Atlas, Ordinance 11000 to extend the C-1 district with an SD-23 Overlay to the subject application parcels. The requested zoning designation correspond with what currently exists on the abutting properties to the north, to the east and to the west. This application is the companion application to the Applicant's request to amend the City's Comprehensive Neighborhood Plan snap to request a change in the designation of the application properties from R-2 to C-1. This zoning district is consistent with the designation of this entire block from S.W. 34 Avenue west to S.W. 36 Avenue. The lots for which the change in zoning is proposed are remnant lots that are not compatible nor consistent with the zoning designation on the north side of S.W. 22 Terrace. The additional inclusion of the properties in the SD-23 District, will ensure that any proposed developments will conform with the design criteria for Coral Way. ;M2091737 Ms. Ana Geiabert Sanchez A.pril 7, 2004 Page 2 Based on the foregoing, we respectfully request your favorable review and recommendation. Very truly yours, AKERMAN SENTERF ITT Ines Iarrerof'riegu s i cc: Mr. Mike Mouriz Mr. Henry Puig yM42O9I737 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 dose 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. {M2086461;1 }Rev. 08/ 15/03 I, Ines Marrero-Priegues, Esq. as legal representative of Coral East Development Corp., 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: 3525, 3541 and 3545 S.W. 22 Terrace 2. Folio number: 01-4116-009-1960; 01-4116-009-197; 01-4116-009-198 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. Two (2) 11 "x 17" surveys are submitted with this application 4. 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. 5. Affidavit and disclosure of ownership of subject property and disclosure of interest (pages 4 and 5). Attached 6. 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). Attached 7. At least two photographs that show the entire property (land and improvements). Included with submittal. 8. 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. Attached. 9. A clear and legible copy of the subject property's legal description on a separate sheet of paper. Attached 10. Present zoning designation(s): R-2 (Duplex Residential) 11. Future zoning designation(s): C-1 and SD-23 (Restricted Commercial with Coral Way Special Overlay District) 12. Other (specify and attach cover letters explaining why any document you are attaching is pertinent to this application). 13. Statement explaining why present zoning designation is inappropriate. Please refer to statement and supporting arguments in letter of intent. 14. Statement as to why proposed zoning designation is appropriate. Please refer to statement and supporting arguments in letter of intent. {M2086461;1}Rev. 08/15/03 2 15. 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 $ .20 Minimum $ 750.00 C-1, C-2, I, per square foot of net lot area $ .25 Minimum $ 900.00 CBD and all SD's, per square foot of net lot area $ .30 Minimum $ 1,000.00 Public hearing and pubiic meeting mail notice fees, including cost of handling and mailing per notice $ 3.50 211 labels x $3.50 16. What is the purpose of this zoning change/nature of proposed use? (Be specific.) Purpose of the request is to extend the C-1 and SD-23 Overlay district to three remnant lots on a Block fronting Coral Way 17. Is the property within the boundaries of a historic site, historic district or archeological zone designated pursuant to Chapter 23 of the Miami City Code? (Contact the Preservation Officer at the Planning and Zoning Department at 305-416-1400 for information.) NO. 18. Is the property within the boundaries of an Environmental Preservation District designated pursuant to Chapter 17 of the Miami City Code? (Contact the Preservation Officer at the Planning and Zoning Department at 305-416-1400 for information.) NO. Signature Name Telephone (305) 755-5811 Address 1 S.E. Third Avenue, 28 FI Date Miami, FI 33131 STATE OF FLORIDA COUNTY OF MIAMI-DADE he foregoing instrument was acipgwledged before me this 7 day of 2 t by kto rre(Q , i-eGU '5 wlio is the legal representative of Coral East DevelopMent Corp., a Florida corporation.. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Si4 a 4 S ARROJAs 74 MY SSION # 00 242245 rc 1►`• EXPI S; December 16, 2007 Riau 'i, Borded T ru Notary Public Utide€writer$ ti {M2086461;1 }Rev. 08/15/03 3 AFFIDAVIT Before me, the undersigned authority, this day personally appeared Ines Marrero- Priegues , who being by me first deposes and says: 1. That he/she is 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; 0 not including responding to day to day staff inquiries in which case he/she should be contacted at (305) 755-5811. 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. Ines Marrero-Prieques Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE Appli The foregoing instrument was acknowledged before me this day of 2004, by Ines Marrero-Priegues who is the legal representative of Coral East Development Corp., a Florida corporation. She is personally known to me or who has produced as identification and whd (did not) tak _ n oath. (Stamp) AID MY C> ISSION # DD 242245 EX {"ES: December 16, 2007 Bonded Thru Notary Public tlyderwri!Va {M2086461;1 }Rev. 08/15/03 4 DISCLOSURE OF OWNERSHIP Legal description and street address of subject real property: address: 3525 S.W. 22 Terr. 3541 S.W. 22 Terr. and 3545 S.W. 22 Terr. legal description: Lots 20, 21 and 22, less the south 10 feet of said lot 22, Block 5, Amended Plat of Miami Suburban Acres subdivision, according to the Plat thereof as recorded in Plat Book 4 at Page 73 of the Public Records of Miami -Dade County, Florida. 2. Owner(s) of subject real property and percentage of ownership. Note: The Code of the City of Miami 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, question #2 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. (See below; please supply additional lists, as applicable.) Owner's Name Coral East Development Corp. Mailing Address 10 N.W. 42 Ave., Suite 400, Miami, FL Zip Code 33126 Telephone Number (305) 567-1577 3. Legal description and street address of any real property (a) owned by any party listed in answer to question #2, and (b) located within 500 feet of the subject real property. (See below; please supply additional lists, as applicable.) Street Address Legal Description 3530-354- S.W. 22 Street Lots 10, 11, 12, & 13, Block 5, Ines Marrero-Priegues, Esq Akerman Senferfitt, P.A. Owner or Attorney for Owner Name STATE OF FLORIDA COUNTY OF MIAMI-DADE Amended Plat of Miami Suburban Acres, PB 4, Page 73 f 7 `/ , Owri or Atto ney fo Owner Signature The foregoing instrument was acknowledged before me this day of April 2004, by Ines Marrero-Priegues who is the authorized legal representative for Coral East Development Corp., a Florida corporation. She is personally known to me or who has produced as identification and w .,did (did not) take an oath. (Stamp) {MI2086461;1 }Rev. 08/15/03 5 gnatu Syr � CEt S ARROJAS OMMiSSION # 00 242245 PIRES: Aecember Sfi, HF Bonded lhn 2007 Notary P t Underwr r t Disclosure of Ownership Coral East Development Corp, a Florida corporation 1. Legal Description and street of subject real property. Address: 3525 S.W. 22 Terr. 3541 S.W. 22 Terr. and 3545 S.W. 22 Terr. Legal description.: Lots 20, 21 and 22, less the south 10 feet of said lot 22, Block 5, Amended Plat of Miami Suburban Acres subdivision, according to the Plat thereof as recorded in Plat Book 4 at Page 73 of the Public Records of Miami -Dade County, Florida. 2. Owner(s) of subject real property and percentage of ownership. Note: Section 2-618 of the Code of the City of Miami required disclosure of all parties having a financial interest, either direct or indirect, in the subject mater of a presentation, request or petition to the City Commission. Accordingly, question #2 requires disclosure of shareholders of corporations, beneficiaries of trust, and/or any other interested parties, together with their addresses and proportionate interest. Coral East Development Corp, a Florida corporation Reinaldo Mouriz 100% Share Ownership 12235 S.W. 129th Court Miami, Florida 33186 3. Legal description and street address of any real property (a) owned by any party listed in answer to question #2, and (b) located within 375 feet of the subject real property. Address: 3530-354- S.W. 22 Street Legal description: Lots 10, 11, 12, & 13, Block 5, Amended Plat of Miami Suburban Acres,/B 4, Page 73 Attorney or Owner f Ines Marrero-Prie es, Esq. Attorney for Owner/Applicant STATE FLORIDA COUNTY OF MIAMI-DARE The foregoing instrument was acknowledged before Mthi' day of _ , 200 Lf by Ines Marrero-Priegues , who is personally known t ame: Notary Public - Sa of Florida Commission No.: My corn EDES ARROJAS ::= MY COMMISSION # OD 242245 EXPIRES: December 16, 2007 ?fBonded Thru Notary Public underwrdeis (M2091715;1 } WRITTEN CONSENT OF SHAREHOLDERS AND DIRECTORS PURSUANT TO SECTIONS 607.074 AND 607.082 OF THE FLORIDA STATUTES, GENERAL CORPORATE ACT 1) Reinaldo Mouriz, as Secretary of Coral East Development, Corp., a Florida corporation , (hereinafter referred to as the "Corporation"), certifies that the Corporation is an active Corporation and I am its Secretary. 2) The following resolution is unanimously adopted by the Board of Directors and Shareholders of the Corporation by Written Consent, to -wit: Be it Resolved by the Board of Directors and Shareholders of Coral East Development, Corp., a Florida corporation as follows: 1. That Coral East Development, Corp., a Florida corporation, authorizes Ines Marrero-Priegues from Akerman Senterfitt to execute any documentation relating to the Application for Rezoning for the property located at 3525, 3541 and 3545 SW 22'd Terrace, Miami, Florida. 2. The said Resolution is outstanding and of full force and effect and has not been modified or amended in any particular. IN WITNESS WHEREOF, 1 have hereunto set my hand and seal as Secretary of Coral East Development, Corp., a Florida corporation, and affixed the corporate seal hereto, all of which has been duly done at Miami -Dade County, Florida this `c' day of April, 2004. Coral `�_,� East Development, Corp., Fl. corporation Reinaldo Mouri is Secretary [CORPORATE SEAL] i3/20/2 1i 3 09 : 06 hi I COLAS FERNANDEZ P . A . 3054773060 arr. REC. 2 OI8PG07I2 Parcel }cictttificatiou Ntt.,01.4I 16-009-1980 Sparc Altovo Chie Lino Vet Recanting NO. ?91 002 I t;d;1:t09 1764 2003 fel 12 14:24 O0CSTPDE 2/700.00 Si1RTX 2025.00 11ARVEY RUVIli. CLEAR 6Adi~ CO1ll1TY: FL WA.R11.A.NTY DEED 'firis Warranty Dud executed 17ebrardy ,L, 2003 by Pedro Garcia, a married ;roan Fiva Ivti�, Florid'' 1 ss whose post office address is: 6g86 N da 1rJarr�taY party of the first part and hereinafter referred to as the grantor; to Cora! East Development Corp,, a Florida Corporation whose pest office address is:3S25 my and "fe�1r u2sa L'ttrni, viorida 33145 party of the second part and hereinafter referred to as the grantee, (Wherever used herein the terms "grantor" and "grantee" include all the parties to this in 'a-utrtetit aru1 the heirs, legal representatives and assigns of individuals). W1'i'!`113SSI?TH: That the' grantor, for and in consideration of the slant of $10,00 and other goad and vatuabta considatations, receipt Whereat' it hereby acknowledged, hereby grants, bargains, se11e, remises, releases, conveys and confirms unto the grantee, all that certain tend situate and lying in M..AMVIt-DADR County, Florida, KO wit: Y.ot 22, less the South 10 feet thereof, in Block 5, of AM.ENDETl PLAT OFt MI 4M t SUBURBAN ACRES, acceding to the Plat thereof, as recorded Page 73, or the Public Records of limn' -Dade County, Florida. subject to ; 1) Taxes for the year 2803 and subsequent ybnra, 2) Restrictions, conditions, limitations and eastirTtenI9 of record, if any. 3) Zoning ordinasrceu and ether rostrictiona and prohibitions imposed by applicable goverrnrneental authorities. 4) Mortgage in favor of Rasters National Bank, N.A., including his sueeeasors And assigns, of evert data, securing tbe principal sum of S $3.000,110I1,la 'The subject preptlrty is not rsor hEia it ever been the homestead of Pedro Garcia, or his spouse, nor is it contiguous thereto, In foot, the grantor resides at: 6886 }nth Miele ev Drive,, Miami Florida :1315&. TOGF.Tfl it. with 411 the tcnemauts, hcreditaments, appurtenances thereto belonging or in sttytivise appertaining. T'O 1i,gV AND TO HOLD, the same in fee simple forever. AND the gruntnr hereby envenoms with aaid grantee that the grunter is I0wti111y aaixaci of said land in fcc silt -plc; that the granter has goad right and law Ad uaiilarity te► dolt and convey said lend; that the grantor hire', y fully warrants the title to said land and will defend the urn against the lawful claims of aft persons whomsoever; and that said land Is free at ts11 encumbrances, except taxes accreting aubscquant to December 31, 2t1ti2. Pag© l of 2 Warrantyt3ood n/201/20 3 09: 88 NICOLAS FERNANDEZ, P. A. -a 3054773860 REC.0 _ F- 2IOIBPG3713 H0.791 IN WITNI*IS B. OP,1hw aaltl grantor hue slltnrd a►it1 acu1cd tltcau presuttts ilia clay uttd your runt al►nva Wr(u01. Si d, sealed and delivete esencc uftiibt • Witness #t Print Na Witness #2 Signature 1e�l1� y Witness 02 Print Name y STATE OP PLORIDA COUNTY OP MilAM1-DAME Ihereby Certify that on 17ebruary, re0fort an itetr ly authorized in the Stahl Aforesaid arid in the Coun aforesaid to take acknowledgments, Qar4attalfy appeared ketrpGarIsa�a�]ad+unisnufd by Car personally known by me to he the person(a) dcaoribed In and W116 cxtcut:: the foresl;tnn5 11 ' rant and who acknowledged before me that he/she/they executed the same. /! Notary Public State of Florid M Notu ammtwk,n of319BB44 Eltficit ffw.mtXA 17 ?WA ?11ge 2 of 2 Warranty Deed Prepared }3y; Garcia & 13alayra Title Company, Alfredo Xique,a, Esq., 2665 S. Bayshare Br., Suite 230. Mie m's, Pl. 33133 secnroglikiENAGAL14401411&XVI OADe Irv, FLUIDA. AECORA wef frEo HARVEY RUV1N CLERK oiricUiTCD4 �T [X13 03/20/2003 09: 06 N I COLS FERNANDEZ , P . R . R 54773860 2IOF8P o7lt1 'FYIUS INSTRUMENT PREPARE) W(; Gerald 1. Blond°, FA, Mural, Waid, Blonde & Moreno, P.A. 25 S.E. 2nd Ave., Suite 900 Miami, FL 33131 Property Appraisers Parcel i.D. (Paha) Nurnber(s): Grsmec(s) S.S.#: NCi„?91 PO4 ClFtC1 97767 2003 FEB i2 1.424 DOCSTPDEE 21'300.00 SURTX 1Sart75,00 HARVEY RUM' i CLERK DADE C0UHTY r F!. 4.101 WARRANTY DEED (Statutory Farm - Section 689.02 F.S.) THIS INDENTURE, made this FDA' day of {fir%', , 2003, between FI.V.CTRO CA.NICA At.tf1Z1iA, INC., a Florida corporation, of the County of Miami -Dade. State: of Florida and AM' LY CORPORATION, a Florida corporation formerly known as Cambridge Trading, successor by merger to Thowmat, Inc., a Florida corporation, of the County ofNIismi-Dade, Stag: of Norio ("Grantor"), and CORAL EAST UI�EVELCP14ENT CORP. whale post office address is l A a`j"'el k t 319Lg, of the County of Miami -Dade, State of Florida. ("Grantee")["Grantor" and "Grantee" are used for singular or plural, as context requires]. WITNESSETH, That said Grantor, for and in consideration of the stem of TIN AND 1.1Oi100-_-_(S 10.00) DOLLARS, and other goad and valuably consideration to said Grantor in hand paid by said Grtmtee. the receipt whereof is hereby acknowledged, has granted, bargained and sniff to the said Grantee, and Grantee's heirs and resigns forever, the fallowing clescribedl hind, sitllate, lying and laeing in Miami -Dade County, Florida, to -wit: LOTS 10-13, INCLUSIVE, AND LOTS 20 AND 21, BLOCK 5, AMENDED PLAT O1+ MIAMI SUBURBAN AC1tES, PLAT BOOK 4, PAGE 73, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA Subject to restrictions, limitations, and easements of record. and said Grantor does heruhy fully warrant the tillo to said land, and will dt,ifisini the salve against the lawful claims of all parsons w1wrneoevur. —1— 03/207/2203 09: 06 ill COLAS FERNANDEZ , P . A . 3254??3860 rage. K. 21OI8PG07j5 Nn < ?91 P05 IN WITNi SS 1E . 01, Gnuttor has herconto set Grantor's hand and ac:at the, clay and year first ebovu written. Signal, ec€►l+zd and dulivored in our presence: Mane: 14aria Gabri.eia Caldera Name; .n'P.,0 s77tarky� STATE OF FLORIDA ) ) s5. coUNTY OF M1AML•DA E) ELECTROMECANICA r+►1Vi)1lNA, 'lorida corporation ii C., a Pedro Luis Restrepo, Vice Presi I t b Address: : 3510 Coral. Way, Ste.2(tii~ ~;{ '1-1-.• Miarnir Pl., 33145 , ,,�' 4� DFMLY C UPO CATION.. a i�loririw eorporati1 /) -,¢_ ay: Alberto Diaz, President AddreSa: '...,I I.t Nt; •r 3510 ( rat Way;St'e.2b© '''' ,' ,• W._..Miamt, Fi. 33145 C- (j .:' • This foregoing instrument was acknowledged before rite this 7 th day of >: ehrua KY by Pedro Lois .Rest -repo as Viee President of EL,ECTROMECANICA AN1'1TNA, XNC.�ya' carpnratian. an behalf of the comaration. Iia/Elie is parsnnally known to me or has produced as identification. OFFICIAINOTARY cnrrfNttllEAE11 a� ��, uv dlailanN Maga My Commission 1txpirus: Sept, 2,2003 -2- 2003�-.�''rts Ic�rirta4j` : •• NOTARY Pi Fame, State of Florida Print Name: Maria Gabr ieia Cal.dera Om -mission N i.: „r,,,�$_0.,D�� 03/20/2003 09:06 NICOLAS EERNANDEZ,P,A. - 3054773660 H0.791 WOG 2UJI8pgO716 STATV CiP PLORIDA ) ): 4S. COUNTY OF MIAWDA.DE) Tiro for going instrumunt was acknowlcdgc d before me thia ith day of Pebrtiia7cY , 2003 by Alberto Diex es ?resident of IttrIVILY CORPORATION., a Florida corporation. on behalf of the corporation. fie/Site is personally known, to me or has produced as identification. y p�, OfiiC�LL.lIcnikTara. 4J u.ttsauaFn6uu, Ak GOMM j u N MAUnr a re y My Commission Expires: Sept.2, 201Y3 NOTARY PUBLIC. State of Florida Print Islame;Miir is Gabriela Ca1r3Pra Commission No.; CC869O79 _3_ Cr iLeCCVlRY, LLzys Rth & W P 1,60W /1 HARVEY RUvUN 4r.Ewr CORCUrr cOr