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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 Ms. Ana Gelabert Sanchez Director, Planning and Zoning Department City of Miami 444 S.W. 2nd Avenue Miami, FL 33131 Senterfitt ATTORNEYS AT LAW One Southeast Third Avenue 28th Floor lvliami, Florida 33131-1714 www.akerman.com 305 374 5600 tel 305 374 5095 fax 305 755-5811 dir Ines Marrero-Priegues Of Counsel imarrero@akerman.com 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 (M 2152042;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 1950's. 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, AKERMAN SENTERFI1 T ry, o-Priegu Inis Maes !I cc: Mr. and Mr. E. Caron Mr. Lonny Morris ;M2152©42;1 } 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. {102151874;1 }Rev. 08115/03 1, Ines Marrero-Prieques, Esq., as authorized agent for Edward J. and Elizabeth Caron, 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: 3155 S.W. 22 Terrace 2. Folio number: 01-4116-0800 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. All documents, reports, studies, exhibits (8 %z 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). 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). 7. At least two photographs that show the entire property (land and improvements). 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. 9. A clear and legible copy of the subject property's legal description on a separate sheet of paper. 10. Present zoning designation(s): R-2 Two-family Residential 11. Future zoning designation(s): C-1 Restricted Commercial with an SD-23 Coral Way Special Overlay Dis+iC 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 letter of intent accompanying application. 14. Statement as to why proposed zoning designation is appropriate. Please refer to letter of intent accompanying application. {M2151874;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, GA, HP per square foot of net lot area $ .20 Minimum $ 750.00 C-1, C-2, 1, per square foot of net lot area $ .25 Minimum $ 900.00 CBD and all SD's, per square foot of net lot area $ .30 $ 1,000.00 Minimum Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice $ 3.50 16. What is the purpose of this zoning change/nature of proposed use? (Be specific.) To continue to provide adequate offstreet parking for the abutting lot to the north ( 3160 S.W. 22 Street — 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 andoning Departme►tt at 305-416-1400 for information.) No Signature Name Ines Marr-Priegues, Esq. Akerman Senterfitt PA Telephone (305) 755-5811 Address 1 S.E. Third Avenue 28 Floor Miami, Florida 33131 Date September 7, 2004 STATE OF FLORIDA COUNTY OF MIAMI-DADE he foregoing irAtrument was a knowledged before me this 7 day of 209 by- f /[-l�!/t7e7? — P�j(•C. 2 wth is a(n) individual/partner/age.nticorporation ot/ a(n) individual/partnership/corporation. He1She is a 11 known to me or who has produced as identification and w .?did (did not) take an oath. e (Stamp) . ignature s► RAMS Y MISSION * D0 242245 PIRES: December 16, 2007 Banded Thru Notary Pic Underwriters {M2151874;1 }Rev. 08/15/03 3 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,EI including responding to day to day staff inquires; ID 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 , �j�e foregoing instrument was acknowledged before me this _ day of 2 Vby _ 1//10 ,VL/Y!re) — 0.4ei6c,P/, She is personally knavaigiae or who has prcieruced as identification and -who did (did not) take an oath. (Stamp) : ME `' ► ` MID AS MY CO SION # DD 242245 EXPIRES: December 16,2007 Bonded Tani Notary Pubic Underwriters {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 or Atto STATE OF FLORIDA COUNTY OF MIAMI-DADE ,T'e foregoin ins r pment was acKnowledged before me this 7'day o at by � Ze G 42 /23 a , 2 -i e /,LI- individual. She is personally known to nor who has produced as identification and who did (did not) take an oath. (Stamp) {M2151874;1 }Rev. 08/15/03 5 wner Signatu e 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 1.D. 01-4116-009-0800 1 M2152144;1 } rot onecor�ie iai ta"aeircianuqensw umeows uso xss TM IWCOONOIOID BOOMMOOT a TM WOW. ORM Or MAMA ,aqe HpF Row Lsommentatomie ii4411 'imiirP ZS . . 9111165093 Q u IAw aria tiffs Quit-calmC tt; l:'11rEre ;141 Ir s 26 y 14 March ffrsl rawly. to EDWARD J. CARON and ELIZABETH CARON, his wife ,u6r„a posraf f uo rtrlr111' 1 is 1404 Alegriano Avenue, Coral Gables, Florida .rinntrl 1ltrriy EmARD J. CAA( d 1tiiIacssclIi1 71n;1 1I.10.f frr•I 1„r.il inn nr„} ie etnt•n}r in Lattapnt,1 fly 11tr sni.1 srrotrl purlv - 1L.• r.•. elf/1i•In•rr.r} i• Lr lane and Itnit Cluing tarn 111e aniei r } l,r,rir t"r=r•. n11 11n 11v $eiel first port), tins let Will 1., 1I' tj„Il,n..ngt elrarr,in.1 114 pin, rn tl,r ('n4n431• 21 DADE Sr„1, .•1 ,r1.1), i991 ,by • .,, ,.n of theo Aunt of t 10.00 reit. n.1 :rn,.f,•d.lyd, ,l,n x I,errl,y rcn,ao. re. ,41.1 n11r• md.-Ie,r, rltein, and ,len.nn,l nddcll r Inn 14414r1.f of inner. 1it1/a1r, lying find below FLORIDA , 1„ Lot 10 and 32, Block 3, HIAMI SUBURB N ACRES AMENDED, according to the Plat thereof, as recorded in Plat Book 4, Page 73, of the Public Records of Dade County, Florida. Clan. f);c. S'� ..., Cnllac:cd „ It 1:i;; j''1•: io - ! c:n 3 .. _.._ { Dial,, r.G��-Cou/,iy, No. BY raede_ pia 3taor and to Hold lit• ,ennr t,.prll,rr n,itl. al }.rinnttint, or in Wnyu.isc uppertnietUll. ntrl cell the rs kirr, lints 1, rnrr•rr, 14 the snip first pnrly, either in 1no• nr .•.11111 . !., tl.r may r rrn,ul po.Ey fnrrrmr.Itillicrcof, 1 }i „1} 1n0 Lilt).' Irnf s131,•rl 1 firs! af,ora n.r111c11e S].j,.ril. 3a/dell anti tlrli.r11,•.l r41 pre,etlrr 141 SI:\1F c11' rLORIU.%, c t 1114I V CW DADE nit} singular Tile oppurierlanCn tl.ereunfo litlr. h,Frrrs 1, flrn. erlufly a11[l clalas uritol-1 prnprr mi., 1.441 ofi1 Will betioaf of the said n,l arnft d !ltese (.resents dtr day arid year f IIEREfV CERTIFY that on this day, Wove me, an ol1.��r d,r1y aulhotix[d io the Slate alorrsar,l and .!E the Co,.nty aforesaid to take seknowkdbmsnts, ptslanally upprarsd EDWARD J. CARON 11/ ear kar.w,r to !x the i rr,an de,rribrJ in and rhn t•rcutrd lhr lulreoi.., n,Yltu ncnl and he Inturc Inc 01141 he eaerul[tl 11,t tarns. ,WITNESS ,sy homl and official nal in Om(.Wanly and the last aforltaisl d1 1(AL—' 1 A. O. 19 91. PUBLIC -STATE OF 1ILIIrIrrftrrll prrpr,lrr`t/ ry: STEVEN D. WAUFFMAN, ESQUIRE of DAVID BERCUSON, P.A. 3225.Aviation Avenue Suite.#501 Coconut Grove, Florida 33133 , . /ASV J �'ei:;s! nr wisiezk: nb TIli14f'liii 0 u es :oi MA r! 'AMIN 15029M1969 l.' 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 - , - ELIZABETH CARDN . to me known to be the person described in and who executed the foregoing ilistryiientand .. she acknowledged before me that she executed sane. -' ..'iG4 tl wrn4Swhafd,and official seal in the County and State last aforesaid this 0!, day ofe OkjAA:-.11 ) A.D. 1991. .0 • ...'*. +.i.....--.. : INKONDIO NOW KIM MORK 100% , Of 04Of COutay. ft011,04. WOAD V1101E0 Dart of Circuit & Coot/ Ccurb