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HomeMy WebLinkAboutApplication & Supp DocsDEPARTMENT OF HEARING BOARDS 444 SW 2' i 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. 08/15/03 1. Complete application should be reviewed and initialed by 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. 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 (see attached forms). Rev, 08/15/03 2 6. Cost of processing, according to the City Code: Conservation, recreation, residential single-family duplex $ 300.00 Residential medium density multifamily $ 450.00 Residential high -density multifamily, office, major public facilities, transportation/utilities $ 550.00 Commercial/restricted, commercial/general and industrial $ 650.00 Commercial (CBD) $ 1,200.00 Surcharge for advertising each item $ 1,200.00 Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice $ 3.50 7. This petition is proposed by: ( ) Planning and Zoning Department (X ) Other (please specify): Property owner 8. The subject property is located at: Approximately N.W. 22nd Street and NW 2nd Avenue Folio number: 01-3125-074-0030 AND MORE PARTICULARLY DESCRIBED AS: Lot(s) See attached Exhibit "A" Block(s) Subdivision 9. 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: Industrial TO: General Commercial 10. Please supply a statement indicating why you think the existing plan designation is inappropriate: The area is changing and in order to provide a safer neighborhood, development with residential and commercial uses will bring people to the area which will create a safer environment which will also hopefully bring new neighborhood businesses which will be supported by the residential. 11. Please supply a statement justifying your request to change the plan to your requested plan designation. The area is changing and there is a need for housing which is affordable. The C-2 allows for residential commercial use. Rev. 08/15/03 3 12. What is the acreage of the property being requested for a change in plan designation? 3.2 Acres 13. Has the designation of this property been changed in the last year? If so, when? No 14. Do you own any other property within 200 feet of the subject property? No If yes, has this other property been granted a change in plan designation within the last twelve months? 15. Have you made a companion application for a change of zoning for the subject property with Hearing Boards? Yes 16. Have you filed with Hearing Boards a(n): • Owner's list form? • Affidavit of ownership? • Disclosure of ownership form? • List of owners of property within 500 feet of the subject property? If not, please supply them. 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 19. What is the purpose of this amendment? To amend the zoning designation in order to allow for residential and commercial uses. Signature Name Lucia A. Dougherty Telephone (305) 579-0603 STATE OF FLORIDA COUNTY OF MIAMI-DADE Address 1221 Brickell Avenue Date Miami, Florida 33131 // 464/ The foregoing instrument was acknowledged before me this / f day of L 2004, by Lucia A. Dougherty who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) `_ BAR? PUBLIC STA C`` m o Signature COMMISSION Ni- MYCC)tl SIe-' Rev. 08/15/03 4 • • AFFIDAVIT Before me, the undersigned authority, this day personally appeared Lucia A. Dougherty , who being by me first deposes and says: 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, X 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. Lucia A. Dougherty Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE Applicant Signature The foregoing instrument was acknowledged before me this / / day of 2004, by Lucia A. Dougherty a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is pets r who has produced as identification and who did (did not) take an oath. ho is (Stamp) OFFICIAL NOTARY SEAL MARISOL R GONZALEZ NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. DD148882 MY COMMISSION EXP. SEPT 17,2€ 06 Signature Rev. 08115103 5 • • DISCLOSURE OF OWNERSHIP 1. Street address and legal description of subject property: Approximately N.W 22' d Street and NW 2l Avenue See Exhibit "A" 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 Artists Lofts, LLC Mailing Address 2950 SW 27 Avenue. #200, Miami, Fl Zip Code 33133 Telephone Number Matthew Greer 33.5% MRL Trust 66.5% Beneficiaries Rachel Greer 50% Laura Greer 50% 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 None Lucia A. Dougherty 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 7tj day of 2004, by Lucia A. Dougherty who is a(n) individuallpartnerIagentcorporation of a(n) individual/partnership/corporation. He/She is e7 rsonally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) F hiOTARYSFAL Siature 'CO OFF1aAL NOTARY SEAL s 3 RIviARISOL R GONZAL EZ 1 NO-,',,.-e.'i#tipIallY PUBLIC STATE OF FLORIDA l'i ,._ . :w :. - P. `SETT f tMLSION NC, D0148882 ---- �1Ivi15SiONEXP. SEPT 172^" to • • Exhibit "A" 2. LEGAL DESCRIPTION: for A portion of the SW 1/4 os Section 25, Township 53 South, Range 41 East, Miami -Dade County, Florida, being more particularly described as follows: Begining at a point 5.00 feet North of the Southwest corner of Lot 8, Block "A" of "J.A. DANN'S SECOND ADDLTON", according to the Plat thereof, as recorded in Plat Book 3, at Page 25, of the Republic Records of Miami —Dade County, Florida; thence run North 00 degrees 06 minutes 57 seconds West for o distance of 138.72 feet; thence run South 89 degrees 48 minutes 58 seconds West, for a distance of 240.11 feet; thence run North 00 degrees 06 minutes 35 seconds West, for a distance of 200.27 feet; thence run North 89 degrees 48 minutes 40 seconds East, for a distance of 146.88 feet; thence run North 00 degrees 06 minutes 34 seconds West, for a distance of 40.00 feet; thence run North 89 degrees 48 minutes 40 seconds East, for a distance of 463.31 feet to the Point of Curvature of a circular curve to the right; thence continue Southeasterly, olong said circular curve, having a radius of 25.00 feet, through a central angle of 90 degrees 04 minutes 52 seconds and an arc distance of 39.31 feet to the Point of Tangency, thence run South 00 degrees 06 minutes 28 seconds East, for o distance of 65.30 feet to the Point of Curvature of a circular curve to the right; thence continue Southwesterly along said circular curve, having a radius of 25.00 feet, through a central angle of 89 degrees 55 minutes 08 seconds and an arc distance of 39.23 feet to the Point of Tangency, thence run South 89 degrees 48 minutes 40 seconds West, for a distance of 27.33 feet; thence run North 00 degrees 06 minutes 29 seconds West, for distance of 75.00 feet; thence run South 89 degrees 48 minutes 40 seconds West, for a distance of 62.29 feet; thence run South 00 degrees 06 minutes 29 seconds East, for a distance of 75.00 feet; thence run South 89 degrees 48 minutes 40 seconds West, for a distance of 62.29 feet; thence run South 00 degrees 06 minutes 19 seconds East, for a distance of 125.01 feet; thence run South 89 degrees 48 minutes 58 seconds West, for a distance of 68.18 feet; thence run South 00 degrees 06 minutes 46 seconds East, for a distance of 139.20 feet; thence run North 90 degrees 00 minutes 00 seconds West, a distance of 150.03 felt to the Point of Beginning. Containing 139,735 Square Feet or 3.20 Acres more or less, by calculations. 'AUG-13-2004 FRI 11:33 AM Mural Wald Blond° FAX NO, 305 358 9490 P. 02/04 • Tax Folio No.: 61 3125 074 " 00(0A 01- 312.- 07t4 -cx:34 11111111111111111111111111111111111111111111 C:FN 2 DO4 t0698538 OR Bic 22570 Pss 4315 - 4317i (lass) RECORDED 08/13/2004 10316:17 DEED DOC TAX 12,000.00 SURTAX 9,000.00 HARVEY RUVIH, CLERK OF COURT 1MIAMI-DADE COUNTY, FLORIDA Record & Return to: Irwin M. Frost, Esq. Friedman (3c Frost, Esq. I i 1 I Erickell Avenue, Suite 2050 Miami, FL 33131 WARRANTY DEED THIS WARRANTY DEED, made dais/4 f August, 2004, by and between BAYLOR FINANCE CORP., a Panamanian Corporarron, Grantor, and ARTISTS LOFTS, LGC., a Florida Limited Liability Company, Grantee, whose address is clo Murai Wald Biondo Moreno & Brochin, P.A., 25 S.E. 2" a Avenue, Suite 900, M ami, Florida 33131. WITNESSETH: THAT THE GRANTOR, for and in consideration of the sum of Ten ($ 10.00) Dollars, and other good and valuable consideration, in hand paid by GRANTEE, the receipt, adequacy and sufficiency whereof are hereby acicnowledged, does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto GRANTEE and to GRANTEE'S successors and assigns, forever, all of GRANTOR'S right, title and interest in and to the land in the County DIM:ami-Dade, State of Florida, described hereinbelow, to wit: Please See Exhibit "A" Attached Hereto and Made a Part Hereof. SUBJECT TO: 1) Taxes for the year 2004, and all subsequent years, not yet due and payable. 2) Zoning and/or resnictions and prohibhions imposed by governmental authority, none of which are soughtto be reimposed. 3) Restrictions and other matters appearing on the plat and/or otherwise common to the subdivision, none of which are sought to be:z; aposad. 4) Public utility easements of record. and said Grantors does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. "Grantor" and "Grantee" are used for singular or plural, as context requires. [NOTARIAL ACKNOWLEDGMENT ON FOLLOWING PAGE] 1 AUG-13-2004 FRI 11:33 Alf Aural Wald"Biondo FAX NO. 305 358 9490 P. 03/04 • • • IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seal the day and year fsrst above written. Signed, seated and delivered in the presence of: BA OR ' ANCE C a .. , • anamanian Corporation By: ►...b.A Joel ;o ' Authorized Repre irridioez- Sign and Print Name Above STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before the this / 2 day of .5 A-5- , 2004 by Joel S. Magolnick, Authorized Repre tative of Baylor Finance Corp., a Panamanian Corporation, who ispersonally known to me or who has produced as identification, and who did or did/not take an oath. THIS INSTRUMENT PREPARED BY: Irwin M. Frost, P,A, Irwin M. Frost, Esq, 1111 Brickeil Avenue, Suite 2050 Miami, FL 33131 (305) 374-3001 1rec663a.03b • AUG-13-2004 FRI 11:34 AM Mural Wald Biondo FAX -NO. 305 358 9490 P. 04/04 EXHIBIT "A" LEGAL DESCRIPTION G 1 K 22! 70 PG 4317 LAST PAGE A portion of the SW 1/4 of Set -don 25, Township 53 South, Range 41 East, Miami -Dade County, Florida, being more particularly described as follows: Beginning at a point 5.00 feet North of the Southwest comer of Lot 8, Block "A" of "1.A. DANN`S SECOND ADDITION", according to the Plat thereof, as recorded in Plat Book 3, at Page 25, of the Public Records ofMiami-Dade County, Florida; thence run North 00 degrees 06 minutes 57 seconds West for a distance of 138.72 feet; thence ram South 89 degrees 48 minutes 58 seconds West, for a distance of 240.11 feet; thence run North 00 degrees 06 minutes 35 seconds West for a distance of 200.27 feet; thence run North 89 degrees 48 minutes 40 seconds East, for a distance of 146.88 feet; thence run North 00 degrees 06 minutes 34 seconds West, for a distance of 40.00 feet; thence run North 89 degrees 48 minutes 40 seconds East, for a distance of 463.31 feet to the Point of Curvature of a circular curve to the right thence continue Southeasterly, along said circular curve, having a radius of25,00 feet, through a central angle of 90 degrees 04 minutes 52 seconds and an arc distance of 39.31 feet to the Point of Tangency; thence rant South 00 degrees 06 minutes 25 seconds s ost, for a distance of 65.30 feet to the Point of Curvature of a circular curve to the righty thence continue Southwesterly along said circular curve, having a radius of 25.00 feet, through a central angle of 89 degrees 55 minutes 08 seconds and an are distance of3923 feet to the Point of Tangency; thence run South 89 degrees 48 minutes 40 seconds West, fora distance of27.33 feet; thence run North 00 degrees 06 minutes 29 seconds West, fora distance of 75.00 feet; thence run South 89 degrees 48 minutes 40 seconds West, for a distance of 62.29 feet~ thence run South 00 degrees 06 minutes 29 seconds East, for a distance of 75.00 feet; thence run South 89 degrees 48 -minutes 40 seconds West, for a distance of 62.29 feet; thence ruts South 00 degrees 06 minutes 19 seconds East, for a distance of 125.01 feet; thence run South 89 degrees 48 minutes 58 seconds West, for a distance of 68.18 feet; thence run South 00 degrees 06 minutes 46 seconds East, for a distance of 139 20 feet; thence run North 90 degrees 00 minutes 00 seconds West, for a distance of 150.03 feet to the Point of Beginning. PARCEL II A portion of the SW 1/4 of Section 25, Township 53 South, Range 41 East, Miami -Dade County, Florida, being mere particularly described as follows: Beginning at the Northwest corner of Lot 1, Block "A" ofN.W. SEVENTH AVENUE ADDITION, wording to the Plat thereof as recorded in Plat Book 7, at Page 36, of the Public Records ofMiarni-Dade County, Florida; thence ru n North 89 degrees 49 minutes 00 seconds East for a distance of 124,91 feet to the Point of Curvature of a circular curve to the right; thence continue Southeasterly, along said circular curve, having a radius of 25.00 feet through a central angle of 90 degrees 13 minutes 00 seconds and an arc distance of 3936 feet to the Point of Tangency; thence run South 00 degrees 02 minutes 00 seconds West for a distance of 97.41 feet; thence run South 89 degrees 48 minutes 46 seconds West for a distance of 149.98 feet; thence run North 00 degrees 01 minute 31 seconds East for a distance of 122.51 feet to the Point of Beginning. ALSO KNOWN AS: Lots 1, 2 and 3, Block "A", N.W. SEVENTH AVENUE ADDITION, according to the Plat thereof, as recorded in Plat Book 7, Page 36, in the Public Records of Miami -Dade County, Florida. PARCEL III Non -Exclusive Easement to the use and benefit of the "Common Areas" for Ingress and Egress, Parking, Const uction, Use and Maintenance of Loading Dock Facilities, and other purposes as defined in, and subject to, that Easement and Operating Agreement filed March 25, I997, in Official Records Book 17575, Page 3940, in the Public Records of Miami -Dade County, Florida. STATE,O F LORDA. COUPtIY OF :1A:if HEREi y CERr,Tr that tr,* rs a try r Ct the tars atrr.e yF _ j a>y )otproot/lied A.:nil 'l77NE,:Z: mynah tARVEY RMNIN, CLE K, W • rt and County Courts 3r D.C.