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HomeMy WebLinkAboutApplication & Supp Docs-11 BERCoW & RADELL ZCJNIN. LAND U5E AND ENVIRONMENTAL LAW Direct: 305-317-6235 E-Mail: BFernandez �rzoniglaw,cm VIA HAND DELIVERY August 13, 2004 Ms. Teresita Fernandez Planning & Zoning Department Hearing Boards Division City of Miami Riverside Center 444 SW 2''d Avenue, 7th Floor Miami, Florida 33130 RE: Lot 19 and a Portion of Lot 20 of "River Park," Plat Book 7, Page 128 Dear Ms. Fernandez: On behalf of the property owners, B & F marine, Inc, we are filing the enclosed applications for a rezoning from R-2 to C-2 for the reference property. This letter shall serve as the applicant's initial letter of intent. The property is currently zoned R-2, and has historically been used for liberal commercial uses. It is presently developed with a marine goods store and warehouse. The Applicant's intend to redevelop the property, together with the adjacent lots to the north, with a residential development. The residential development will be more compatible with the surrounding area than the existing commercial warehouse use. For all of the foregoing reasons, we request your favorable review and recommendation. Sine Bn Fernandez BF/bl WACHOVIA FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI, FLORIDA 33131 PHONE. 305.374.5300 • FAX, 305.377.6222 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 at the number above, 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 3:00 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 before the deadline. 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 cost to record the Zoning Board 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. 05-14-04 [, Ben Fernandez, Esq. on behalf of B & F Marine, Inc., 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: 1991 NW 27th Avenue 2. Folio number: 01-3134-034-0170 3, Two (2) 11 x17" 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. At least two photographs that show the entire property (land and improvements). 5. 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. 6. A clear and legible copy of the subject property's legal description on a separate sheet of paper. 7. Affidavit and disclosure of ownership of subject property and disclosure of interest (see pages 4 and 5). 8. Certified list of owners of real estate within a 500-foot radius from the outside boundary of property (see pages 6 and 7). 9. Present zoning designation(s): R-2 Two -Family Residential Future zoning designation(s): C-2 Liberal Commercial 10. Statement explaining why present zoning designation is inappropriate. The property is currently developed with a legal non -conforming commercial use. 11. Statement as to why proposed zoning designation is appropriate. The proposed residential use will be more compatible with the adjacent residential neighborhood. 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 (3rd Floor) at 305-416-1400 for information.} No. 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 (3rd Floor) at 305-416- 1400 for information.} No. 14. What is the acreage of the project/property site? Approximately 0.2 Acres 15. What is the purpose of this application/nature of proposed use? To allow a residential condominium. 16. All documents, reports, studies, exhibits (8 % x11") or other written or graphic materials to be submitted at the hearing shall be submitted with this application. Rev. 05-14-04 2 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, G/I, 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 $ .20 $ 750.00 $ .25 $ 900.00 $ .30 $ 1,000.00 $ 3.50 Address 200 S. Biscayne Blvd., # 850 Name Ben Fernandes, Esq. Miami, FL 33131 Telephone 305-377-6235 STATE OF FLORIDA COUNTY OF MIAMI-DADE Date August ' `.� 2004 The foregoing instrument was acknowledged before me this day of August, 2004, by Ben Fernandez, Esq., who is a(n) individual/partner/agent/corporation of B & F Marine a(n) individual/partnership/corporation. He/She is. personalty known to or who has produced as identification and who did (did not) take an oath. (Stamp) BETTY LLERENA MY COMM1SSiON # DO 095997 EXPIRES; February• 27, 2006 TARY FL Notary Servece 6ctttfir, Inc. Rev. 05-14-04 3 AFFIDAVIT Before me, the undersigned authority, this day personally appeared Ben Fernandez, Esq., 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, IZI 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 305-377-6235. 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. Ben Fernandez, Esq, Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE Applicant Signatur The foregoing instrument was acknowledged before me this day of August, 2004, by Ben Fernandez, Esq., who is a(n) individual/partner/agent/corporation of B & F Marine a(n) individual/partnership/corporation. He/She is personally known to moor who has produced as identification and who did (did not) take an oath. (Stamp) 3Em LLERENA Y COMMISSION # DO 005997 EXPIRES: February 27, 2006 1- .3-NGTARY FL iVet Sewi 8 acmii . Inc_ Rev. 05-14-04 4 DISCLOSURE OF OWNERSHIP 1. Street address and legal description of subject property: See attached 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 Mailing Address B & F Marine, Inc. (Antonio Veciana, Sr. 36%, Antonio Veciana, Jr. 23%, Ana Vecianca 16%, Victor del Campo 6%, Carlos Veciana 7%, Cida Veciana 6%, Pablo Zaiduendo 6%) 991 NW 27th Avenue, Miami, FL Zip Code 33125 Telephone Number 305-662-2858 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 Ben Fernandez, Esq. Owner or Attorney for Owner Name STATE OF FLORIDA COUNTY OF MIAMI-DADE Legal Description Owner or Attorney or Owner t nature The foregoing instrument was acknowledged before me this day August, 2004, by Ben Fernandez, Esq., who is individual/partner/agent/corporation of B & individual/partnership/corporation. He1She is verso y knc produced as identification and an oath. (Stamp Rev. 05-1 BETTY LLERENA Y COMMESS1ON # DD 095997 EXPIRES: February 27, 2006 Y EL N er 5emce $ r`3t:;idin9, {rx. 5 of a(n) F Marine a(n) �e or who has who did (did not) take Exhibit A DESCRPTIOM LOT 19 OF "RIVER PARK" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7 AT PAGE 128 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. and LEGAL £Oft A PORTION OF LOT 20 OF "RIVER PARK" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7 AT PAGE 128 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 34, TOWNSHIP 53 SOUTH, RANGE 41 EAST; THENCE ALONG THE WEST LINE OF SAID SECTION 34, S 03°07'13" E, FOR A DISTANCE OF 145,00 FEET, TO THE EXTENSION OF THE NORTHLINE OF SAID LOT 20; THENCE, ALONG THE SAID EXTENSION OF LOT 20, N 86'46'07" E, FOR A DISTANCE OF 77.32 FEET, TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE ALONG THE NORTH LINE OF SAID LOT 20, N 86'46'07" E, FOR A DISTANCE OF 73,62 FEET; THENCE, ALONG THE EAST LINE OF SAID LOT 20, S 03'06'38" E , FOR A DISTANCE OF 50,00 FEET; THENCE, ALONG THE SOUTH LINE OF SAID LOT 20, S 86'46'07" W, FOR A DISTANCE OF 41,09 FEET, TO A POINT OF A NON -TANGENT CIRCULAR CURVE CONCAVE TO THE NORTHEASTERLY WHICH RADIUS POINT BEARS N 71'41'36" E AND HAVING FOR ITS ELEMENTS A CENTRAL ANGLE OF 00'18'50" AND A RADIUS OF 505,07 FEET; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 2.77 FEET, TO A POINT OF COMPOUND CURVATURE WITH A CIRCULAR CURVE BONG CONCAVE TO THE NORTHEASTERLY, HAVING FOR ITS ELEMENTS A CENTRAL ALONG THE ARC OF SAID CIRCULAR CURVE IUS OF S NORTHWESTERLY79.37 FEET; THENCE RUN CURVE , FOR A DISTANCE OF 48.59 FEET TO THE POINT OF BEGINNING. 08/13/2004 14:15 3053776222 BERCOW AND RADELL PAGE 02/04 rota petrrt examtpoimesortam ia wow �sMatsia FabMA, OWN *Imamhela*Frtan neraeeeeare Wilig146/1! 14+w Wan:10 rY seta amnia nuriaaet ro carnation T 24 PH 1 10 89R 86 11 32 rtwMGO ISM as at: i 43"2PoI o This lilarranhj Peel tied* row lath dap of October A- D, co84 lay PAL ALDu ENno, a single man 1rwYlna4I,r cCIIC tow grant*/, id H $ F MARINE, x1JC., A Florida torporatitort mown:lkin nklolkor twofer IAa Maul of rho Skala of Florida with tin permenanl anrtoffito arldrrta of 1991 N.W. 27th Avenue, Miami., Florida ktm+l temtie awl oof Ifs* proo440: ty to t ��-1W1.}....1.n. ro. Wad r*n.t raw hfti 4 � . Inb+MrVp aM WWI. on .w. W vale „+I t ken �tsse h: 7Xtal rtM prattler. jot and to canrtd+t,Uon »r l!!o Who of KA1 a • OD and attar bnitmbre tanatrfer,Uat a. raeatpt wham, la Away/ acinao.ind1etf het lay ofmtta targbiitte, ,ell, 'Amu, rs- rreln:, raianut, convoy, tonal confirms torte It* groom*. drl $gal eo.toln land *whorls In Dada County. Florian, ohm Lots 19 and 24, of EWER PARK, according to the Plat thereof, ate recorded in plot Book 7, at Page 120 of the Public Records of Dade County, Florida IDOtlher artrh alb tilt Mnpmatils, hMrdtlotnnn6 amt4 arMtt'rlmar,eer thrwrta 11rImtglr9 ar IR tor. rotor, nppariattnnirt 7.. t,� Hold. "To linut snit to 1,ha 14N4r hi fart limp!, faro,//, ■ ed iha orrotior Jurol7 momenta with wid oranlee Mot the prompt, It totofoity Woad of ws1J rid In fee simpler the' Ow Omni,* kat goad right and lerwful oulharity fa eel, end convey raid i,rrtdi that die ttronlor ltrnehy fully warmth rke aria to raid land owl teal Mons{ ,fat tamn mperkrt diet 1wful gains* df ail ticaan: nrJu,mrtiro r; roof that mid wand Is Poo of 4.1 oaeytti6ntnces, 'surd Iaeew macular ,wlrt*anettl k0 D eedditier St, is kr. fit+Ohms i $havett Satins eniaty Slums Cdlrelnd Si 1,700 z j ; (20 RtrRTNr tares s~o',tot:tca Stass T" Ir Widow Ina tad S� R P. Hek r. ctarrr. Uccle , FIn. 8r- #°c I(te raid grtntar Aar Aatrarttto NI find Awe utrlrtrn. SIP raand nh rid!tptrrd In our prenatal a! Nns. t)F /4't z " tt . COUNTY or atfietr duff nothotitod in the Stair nlattmw4t alga is the r:mtaty atatetald to Wm. Yeknavkdtmerm, Fttwnrllr armored lri sAnnd and unit tht dam/ wed pear eat-4- 41 1 NSA1bY CERTIFY dolt ea ih:. der, blare to me Wawa to ht tint Tomah dtx,'11,..,t Its and who raeruatd the fectaing ltlttrwntat Pad r:r' ncknawkdord bttare me that - rktta+nl the lame. 1crrotss nay hand and afghan', seal In the Comm/ and Star. Irt1 attaeaid Alt 19th day of " OFFICIAL SEAL " GAIL G414`FL43Y tIR=AHt ITAtt OF It.UNOIS hlY (701041I9510d EXPIp9 l(19 T!'ru ltrrlr+rtlktrt pnpmttf ly: CZSiAR DE LA FUEN r ESR- A,fdrm 2100 Coral Way, suite 0300 Miami, Florida 33145 tit - n' n�tm i s,glut "01" alga, W 08/13/2004 14:15 3053776222 BERCOW AND RADELL PAGE 04/04 COURTHOUSE 'Tv1Ei ,p[t. f 528J11'i1545 17huirST= DS= cox* WAA *awls , rondo thin /(b 'day of Match,, 1994, by AMU. e11ii1 atfe0 not) Kama Tepees badeuttezo. husband seer wife, of the County' of Aimee State of FLOP 0k,:(hereinafter coll+ctiVely "Grantore'l, in favor of acr eew/Ae Iec., a Florida aarpora£i�,„ thereisa$er "Grantee'), wheels post 'office addrede Le ryyN hf ,.,i lYverii.et •/U R� t.,.) (it .2,* r3'i . f granters, faceted in and v*7,uable aonelder tort► ioe of the mum n hhanTin d id 6y oreattke ee�, the reeeigailare, eseod, ocher good her acknowledged, have rented, b 'lined end' add to reosifpt whereof is hereby 9r � grantee, nsld bKent#e' a heirs, eaeesrevra, fee ti. repave titres erkd situated, bad being in Diode forever the following deafribtrd property, y 9 county, P14ride, to wi£t Lot '20, lass the West 25 teat sae Rive, PA M, icaartliag to the Plat thereof,. as recorded ter Plat Soule 7,•,Page 12e Imes those portion. taken by Agreed seer of Taking, Riled Match 27, lest, in 0.R1. book 14955, Page 1635= and 'Let 21 less the a ert.h. le not end the Weet 25 feet, end Lot 22 lees the ifartie 1b feet of RIVER PARR, according to the 1Plet thereof, es reborded.in Piet Beek 7, page 129 and lose Henan portions taken by Agreed otter of Saktne', iile,d march 2't, 1991, in C.R. Qook 3-4954, Vega 1639. Ro! the' Ptt is Regards of tinge County. k'1Orlda. 94R122767 074 11AR 1. 16e31 . Folic Pd1-3134-34-0140 901-3134*341017C 5-ubieet tot DOGSTPOEE 1w733,01 SURYii 924.75, x 1' Pouch' CLEMR DADE cavl$TTv FL 1. ?steer, Ear the Year 1994 and subeeguent year*. 2. Restrictions and matter* of record or. otherwise common. to the eubdirisioe. 3. zoning restrictions imposed by gc+nernmor,"1 nushe,rsty. Grantors 0o hereby fully warrant the title to the pre7Qort7, sad will defend L. the rate against the lawful claims of all ;greens, uhasinoerer. - I!t 1412,11140 eseatSof, qx*%t0' 1 .ha4* hereunto set their heed And Deal And year first above written. Signed, steeled and delivered in our presences Mr of Names , } %ro A./Ara, 4i.-1- /tiveti. t,,'t.fl ama1 f f (1/104 • rite ay enewAwco 3661 5.w. 112 oleic* meal, > `13175 3681 S.W. 132 Flare Mlaa}i, Fr. 33175 STATE Or nottiDAi COUNTY QP DADE ) Tile F011500II40 Warranty Deed was acknowledged before io this, if day of,. harsh, 1991, by lellGlsl. BAR117111CC1 and -Mile TtR69A 6AARTeWC0, $ono life- d ntlflrateion any ' }uib ap to-aie Os hays produced k'/rr,.{'. Old" ]i,' f �"s r d4d%did not take en`.oath. { (S� eez eatery PUDF 1 , State o cFlorida PriatNaee*t Kid e.rf.'1,r «I`., M4 coMN1sSi011 EXPIAER This instrument Prepared ape_' - Pedro A. Arta, Seg. afFICIAC SEAL DUARTE A ARI% ' ' %' ARACSIE Cl1Rt}ri 95 lleteick Way, suite hie �: r ' 1Mf 4om*t1e.roR rn coral GBb1Aa. TJ. 33134' �. E,� Jon. 4, 714i C.latsRAetitlICA.1io - a e Ca+nre. ea, CC 29Cpse A Y.a.� elaantaat atom amplesigispik .a wa MOW.,Meai,. eueuoveetioft 1 si1j 1011‘' 1, of & • 06/1 BERCOW AND RADELL PAGE 03/04 /2004. 14:15 3053776222 1 f Wan. 11 PN a 53 9 fl R 1 6 b 2 ace. 46 a L µrig Deed 1012—SECTION 8+1,02 F,s,a f ds hortsueuM was proposed by, Mire aft KALEACK estd Thom to 61r. Rat Amur r tigll>11A, FLARsox 1313I ilifleatirr. Mode this 1.6th day of July 1e90 rtmrrn FRANCES P, NUNi„EY. >t single woman of she Cooney of Dada state of Florida , grantor*, and 13 S F MARINE, INC., a Florida Corporation Whose post office oddness is 2600 N. W. 20th Street and 1990 N. W. 26 Avenue, Miami, Florida of dour County 64 Dade Srats el Florida , remote, illtturtartti. That said grantor, for aid in consideration of the wm of Ten arid Non 100.. . .............. Oogvrs, and other Goad and valuable considerations 16 said grantor in how] paid by sand wanton. the reeeial Whores! 's hereby acknowledged, has amnied, bargained and sold to the sold 610Mee, and granites. heirs end oi<siarn foe.. the Iollo.eiog deuribed fond, !noose. Tyros and being in Dade County, Florida to•snif Lot 25, of RIVER PARK, according to the Plat thereof, 'zF recorded in Plat Gook 7, at Page 12$, of the Public Records of Dade County, F da LESS AND EXCEPT: That Parcel Of (.rand conveyed in Special Warranty Deed in Favor of the County of shoe, a body Corporate and political subdivision of the State of Florida, dated February 10, 1970, filed Martin 3, 1970 in Official Records Book 5778. Page 697 of the Public Records of Dade County, Florida AND LESS AND =EFT: That parcel of Land known as Parcel 132 In that Order of Taking Case 09-43611, filed December 20, 1989 In Official Records Book 18365, Page 1669 of the Public Records of Dade County, Florida THIS DEED is made and given subject to restrictions, reservations end limitations, if any, of record; applicable zoning ordinances and taxes for the year 1990 end subsequent years. and lend grantor does hereby fully wpironl the title to wid fond. mod one defend the game ageana the lawful detests al ail persons whomsoever. * 'Grantor awl "oraMpe•• ore used far liegutot pr pinto!. a, eanteus require! errant* *let grantor's hand and teal the day and year hilt abase iweelfmt. Stints Signed 'r WAIT OF FLORIDA tOUI4TY OF DADE 1 HEREBY CERTIFY shot on sirs day before mc, on officer duly mue11,61d 1a ellt ockeowfedarnents, parsanaily g•mmrtd FRANCES P. NUNLEY. a single woman rq »te known to be the pe+>Aa1 1 d in and whit exec , e la hg ins •- .,,. she eoeeuted the se�seei.•'� Yr, S WITNESS rely hand Otid t County o t': 90 _ i 1} 1 ; 3. } saee 1. JOE My carnr!Hits D enep[a l ! 1. tna A116 rOrs. torsi. �,{.. . t0., Documentary J:C.sr.r, • ..•. *;r'` ,rM v $ %la) SURTAX Doc. Stomps Celiac, Class " C" intotg;bi,_ lax Colicoed $ Clerk, Do4o Call 1Y, flc• _. '7J7 _DC FRANCES P. NIINLEY d (Seal) Hrr.' •srel ir. rr►nCtM etMai ttctot 47 rt C1WM(Seal) A. Mom vitoigr! LTert of Circuit Coen §Seen • ray By Public