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HomeMy WebLinkAboutApplication & Supp DocsBoca Raton Fort Lauderdale Jacksonville Miami Orlando Tallahassee Tampa West Palm Beach September 8, 2004 VIA HAND DELIVERY Akerman Senterfitt ATTORNEYS AT LAW One Southeast Third Avenue 28th Floor Miami, Florida 33131-1714 wwwakerman.com 305 374 5600 tel 305 374 5095 fax 305 755-58 1 1 dir Ines Marrero-Priegues Of Counsel imarrero@akerrnan.com Ms. Ana Gelabert Sanchez Director, Planning and Zoning Department City of Miami 444 S.W. 2nd Avenue Miami, FL 33131 Re: Application to Amend the Miami Comprehensive Neighborhood Plan for for 3155 S.W. 22 Terrace from Duplex Residential to Restricted Commercial and Companion Zoning Atlas Change from R-2 to C-1 with SD-23 Dear Ms. Gelabert-Sanchez: This letter accompanies the application by Mr. Edward J. Caron and Elizabeth Caron ("Owners/Applicants") to amend Ordinance No. 10544, as amended, the Future Land Use Map of the Miami Comprehensive Neighborhood Plan for that certain property located at 3155 S.W. 22 Terrace S.W. from Duplex Residential to Restricted Commercial. The Owners have also filed a companion application to amend the City's Zoning Atlas for that Property from R-2 to C-1 with an SD-23 Overlay District. The Applicants are the owners of the application property. It has been used as offstreet parking lot for the abutting commercial building at 3160 S.W. 22 Street since the 1950's (the "Coral Way Lot"). While it is the Applicants' intention to continue to use the application property for offstreet parking, because of the configuration and existing grandfathered structures on the Coral Way Lot, the Property is ineligible for an SD-12 designation. The application property can only be accessed from S.W. 22 Terrace because the existing building on the Coral Way Lot lies entirely within the Coral Way frontage. Vehicular access to the Application property through the Coral Way Lot is, therefore, not possible. The Applicants file this application and hereby apply to amend the Miami Comprehensive Neighborhood Plan, Ordinance 10544 to extend the C-1 land use that currently exists on the abutting properties to the north, which front on S.W. 22 Street, to the lots on the (M2152042;1 } Ms. Ana Gelabert Sanchez September 8, 2004 Page 2 rear. The Applicants also file a companion application to amend the City's Zoning Atlas and Overlay District to request a the rezoning of the Property to C-1 with an SD-23 Overlay District. The Applicants wish to continue to use the existing commercial building on the Coral Way Lot and to have adequate offstreet parking for their customers. Although the building and the parking lot on the Application property have been in existence and use since the 1950's, the recent zoning approval for the parking lot on the Property cannot be located. The Coral Way Lot building is an example of what New Urbanism wishes to evoke. It is a street friendly building that is accessible to pedestrians. The building is served by on -street metered parking as well as offstreet parking and servicing through the backstreet. Curiously, this is the original character of this portion of the Coral Way corridor. This application merely seeks to maintain the uses and the structures that have been in existence since the 19501s. The Applicants and their prospective new tenants, Rex Art, a family owned art supply in Miami since 1950, would like to relocate to the Coral Way Lot building. As part of this Application, the Applicants will submit a proposed plan for the Coral Way Lot building and a plan for the offstreet parking on the Application Property that will include adequate landscaping and physical buffers from the residential properties along the south side of S.W. 22 Terrace. If accepted, the Owners will also proffer a Unity of Title for the two lots. The requested amendment is consistent with the land use policies of the City's Comprehensive Neighborhood Plan and sound planning policies. All the neighboring properties to the west have been rezoned to C-1 as part of Major Use Special Permit Approvals. The need for adequate retail uses along Coral Way will continue to increase as the commercial corridor is eroded by multifamily residential projects. The proposed amendments and zone change will preserve long-standing commercial uses and .will provide the Applicants with the ability to upgrade the parking lot on the Application Property. Based on the foregoing, we respectfully request your favorable review and recommendation. Very truly yours, cc: Mr. and Mr. E. Caron Mr. Lonny Morris {M2152O42;11 • 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. {M2151912;1)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 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. 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). {M2151912;1 }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): Edward J. Caron and Elizabeth Caron (Owners) 8. The subject property is located at: 3155 S.W. 22 Terrace Folio number: 01-4116-009-0800 AND MORE PARTICULARLY DESCRIBED AS: Lot(s) 32 Block(s) 3 Subdivision Miami Suburban Acres Amended, PB 4, PG 73 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: Duplex Residential TO: Restricted Commercial 10. Please supply a statement indicating why you think the existing plan designation is inappropriate: Please refer to accompanying letter of intent. 11. Please supply a statement justifying your request to change the plan to your requested plan designation. {M2151912;1 }Rev. 08115/03 3 • • 12. What is the acreage of the property being requested for a change in plan designation? 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? YES If yes, has this other property been granted a change in plan designation within the last twelve months? NO 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? Q ■ Affidavit of ownership?I • Disclosure of ownership form? • List of owners of property within 500 feet of the subject property? Q} 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 create a unified parcel with the abutting lot fronting on Coral Way (3160 S.W. 22Street) that will continue to provide offstreet parking Signature ( Address 1 S.E. Third Ave., Suite 2800 Miami, Florida 33131 Name Ines Marrero-Priegues Telephone (305) 755-5811 Date STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing i trument was acknowledged before me this day of Z 20(i/by atiett -- &Ae Gt who is a(n) individual. He/She is personally knoW to me or who has produced as identification and who did (did not) take an oath. (Stamp) a Ian M Es ARR©JAS __ MY COMMISSION # DD 242245 EXPIRES: December 16, 2007 Bonded Thru Wart Public Underwriters {M2151912;1}Rev. 08/15/03 4 AFFIDAVIT Before me, the undersigned authority, this day personally appeared Ines Marrero-Priegues, Esq., who being by me first deposes and says: 1. That 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 she represents, if any, have given their full and complete permission for 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,O 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-Priegues, Esq. Akerman Senterfitt, P.A. Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE TDe foregoing instrument was krlowledged before me this �day of'i 1)0 l li/� / 2C�fy ire ry PAP a.€ . She is „personally known Wine or who has pro ced as identification and who did (did not) take an oath. 1 (Stamp) {M2151874;1 }Rev. 08/15/03 4 DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: Lot 32 less the south 10 feet thereof, of Block 3, Miami Suburban Acres Amended, as recorded in Plat Book 4 at Page 74 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 Edward J. Caron and Elizabeth Caron Mailing Address 3160 SW 22 Street, Miami, FL Zip Code 33145-3210 Telephone Number 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 3160 S.W. 22 Street Ines Marrero-Priegues Akerman Senterfitt P.A. Owner or Attorney for Owner Name Legal Description Lot 10 , Block 3, Miami Suburban Acres Amended, PB 4, PG 73 Gb or Atto ey fo •caner Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE �f T e fore rloin ins jment was ac4iowledged before me this / day o 20S by individual. She is personally known to n or who has produced as identification and who did .(did not) take an oath. (Stamp) {M2151874;1}Rev. 08/15/03 5 Legal Description of Land for 3155 S.W. 22 Terrace Lot 32 Less the South 10 feet thereof, Block 3, AMENDED PLAT OF MIAMI SUBURBAN ACRES, according to the plat thereof recorded in Plat Book 4 at Page 73 of the Public Records of Dade County, Florida. Tax Folio I.D. 01-4116-009-0800 {M2152144;1) Pat Tar} 2 'V°4°-rift w'IMLLate al iaim anuonws Darns 71te isco st mpion ormai as a m, somait ithaia i lj l PO. Water taCtOPParra:WaC oWltia/M DIED it 11)91 KY 11 AH:tt 25. • 91 R 165093 r„ I.nACO FoaM O . !j bed,- RCC: (5r291 C 1968 This' Quit - Claim [abn t:srrkftr+l tt,fl 26 .1a . of. March tarty. In EDWARD J. CARON and ELIZABETH CARON, his wife ltd."" fto lajFirt a+rrss ra 1404 Alegriano Avenue, Coral Gables, Florida trrnrml parry: EDWARD 3. CARON ,A.I3.1991 ,Ly Iehr,.,rr ..ra F•,....h.. ,..., ,. •..i - ...� ,,.... .,..,! •n,...I. .� ,.a.• .mot ..t....i....».. a..l urrrw ,.,1.• ....1 w .a'.�.4.,..4.. .......-... mJ aw.....�1 ...r„.. h.r...r ,I.r comer. l l[tti0SSct1i, '1 h,..f dn• ..n,.t fu•1 n.a+Ir, 110+ anal i+....n.nl, Load pearl by lla,. sni.l snood park. r1.,. r...•,r! 1.3•1„-r,•,.1 .. 1 Irnse n.lrl rind rluinl roast the acid . ..d Fn,l }• .,rra•,•r , n11 the saki lint port), has to nod Hr Ellr'Inl1..n..nl..lrrrrrl.,..i 1..1 Fair, fq the(,nrr.tt' of DADE Stole .•1 • n.t of Iln. Sfm. ,rf c 10.00 . t v tit 6 1 •.1.Fr,t..lnra flrrrl,y realise. rr• .r14 [all.., ...-real, rl.tint and rlra.nnrl tnisleft . ar tutted of leered, situate. lyi,.p nor/ bang. FLORIDA , l., aril: Lot 10 and to he Plat thereof, as32, Block recorded in PlatTB000kD4,PageR73, of,PublicdRecordstof Dade County, Florida. bGC-.'.11`h'••i%. r .•�3 ��. �:.11 ,.�. ') C'rJ .� f)x. 3iar1..5 Collected (kw:- ..C.. hil:F::� •'1•: f=1. ! l:s.c:-tt7 __Couti1y, Fio. By figgiete-C- To Haut and to ll.r ..r.e smother a,iil, n11 and singular fl,a aptJuur[a.( i1C t idkarounla 10'1.110ng or to nnyurisr ulet,nrintninll. 11..1 ail Il,r r:hdr, riflfi 1. tifar, s01 trrrst. lien, equity anal claim what - /never oil the said fltst party. either tar fair or equity, to the e,,.fy prajter 440, 1.rr. rjil and Isgl,00j aj die said a,.,anrl ran fy f nrnoR- � 1iICrCOr, 11„• F,N,I j,r,.l t.nrty fast, Silri,rd +.1i11 }rEE1Nl 1ltrtr woods air day and pier firs) airore .urlllrl, Stip.rd. scaled awl deliverer/ in presence id. CtItINll' DF BADE I II1;Rf.I1Y CERTIFY ikrat on Chit day, berate me, Dn ats.re duty anitnoisrd in the 3ut< alprrtoot and .n air etnieny atixnatd to take atkno..ird;menit, prrtaaalty apptartd EDWARD J. CAiON to ant 1.n,rwn to ler the prnsun iinnibrd in and ,.ha ra=sfrtrd lite 1e;etair.e i„ii„l,nral and he scknorkthsed in -fore oat 'hot he tar<.rtrd 13,r %arnr. N'I.1'Nrss toy hand anti aliirial trot H. the t:o.o.Py aanl air Lott *to/rlaid di' A. D. 1941. PUBLIC -STATE OF F .♦i • '/7ui Frwlnrfw•nl prypwrri/ Icy: STEVEN D. KAUFMAN, ESQUIRE of DAVID BERCUSON, P.A. ild+ira • 3225 Aviat•oal Avenue Suite 0501 /AQ a Cocunut.Grove, Florida 33133 • :, as tom y1'1011111 15029 C I969 I' HEREBY CERTIFY that on this day, before me, an officer duly authorized in the - State aforesaid and in the County aforesaid to .take acknowledgments, personally - appeared - ELIZASEfH CARON to me known to be the person described in and who executed the foregoing instrtnt.and she acknowledged before me that she executed same. # h WI S my and official seal in the County and State last aforesaid this`_ day oft 0., A.D. 1991. Quit Calm F=+ 111;, .;, . i3iS.'UW . WOUND IN OPIRICIA MOM Vila , Of O.iIIt MINIM MOI+W, UMW YtMJp fo apart of Circuit & County %