Loading...
HomeMy WebLinkAboutApplication & Supporting DocsTEW . CARDENAS LLP ATTORNEYS AT L A W MIAMI • 1'ALLAHASSZE • WASHINGTON AG F'. a't 1(:1. M. BA.LOVF3A WRITER'S DERECT UNk; 30 .53(.84f i. TALL: prnb(rr3.tewIaw.com February 25, 2005 VIA HAND DELIVERY Mrs. Teresita Fernandez Chief, Hearing Boards Section Department of Planning & Zoning 444 S.W. 2rd Avenue, 7th Floor Miami, Florida 33130 FOUR SEASONS TOWER 15TH FLOOR 1441 BRiCKELL AVENUE MIAMI, FLORIDA 331 31-3407 T 305.536.1112 F 305.536,1116 www TE1,21_AW COM Re: Revised Letters oflntent for Ocho Building, LLC, 720 SW 30 Avenue: Comprehensive Land Use Amendment and Re -zoning Applications; Our File No.: 44542.003 Dear Mrs. Fernandez: On behalf of Ocho Building, LLC, this firm submits applications for a Comprehensive Land Use Amendment and Rezoning (the "Applications") for the property located at approximately 720 SW 30 Avenue. The property consists of three lots under one folio number (01-4104-037-0880}; two of the lots are currently designated Restricted Commercial and zoned C-1, and one of the lots is designated single- family residential and zoned R-1. The purpose of the applications is to unite the property under one land use designation and zoning category. As of rtow, the applicant does riot have a specific plan for redevelopment of the property. However, the applicant is aware of the City's concern with expanding the size of motels along SW 8 Street and is willir ►g to proffer a covenant to the City that the motel use on the property will not be expanded. Comprehensive Plan Amendment The following addresses the requests for infounation in the Comprehensive Plan Amendment Application: 15. Please submit a statement indicating why you think the existing plan designation is inappropriate: The existing land use category is inappropriate because the property currently consists of two distinct designations, restricted commercial and single family residential. 16. Please submit a statement justifying your request to the requested plan designation change: Th,e property is bordered to the West, East, and South by Restricted Commercial; therefore, the appropriate land use designation is Restricted Commercial, because to designate otherwise would create an • • • Mrs. Teresita Fernandez Febmary 25, 2005 Page 2 inconsistent comprehensive land use designation along SW 8 Street. Rezoning The following addresses the requests for information in the Re -zoning Application: 10. Statement why the existing zoning designation is inappropriate: The existing zoning designation is inappropriate because the property currently consists of two distinct designations, C-1 and R-1. 11. Statement as to why proposed zoning designation is appropriate: The property is bordered to the West, East, and South by C-1; therefore, the appropriate zoning category is C-1, because to designate otherwise would create an inconsistent zoning designation along SW 8 Street. 15. What is the purpose of this application/nature of proposed use: The purpose of the application is to unite the property under one zoning designation, C-1, to ensure the appropriate use of the property as a commercial property along SW 8 Street. Because the applications meet all of the criteria for comprehensive plan amendment and rezoning, and because to keep the property under its current mixed designations would be inconsistent with the comprehensive plan and zoning code, we request the applications be approved. Please contact me at 305.536.8481 if you have any questions regarding this application_ cc PFDesktop\::ODMA/MHODMA/MIAMi;423989;1 S incerely, ntiago D. Echemendia Patricia M. Bal.oyra • • • HEARING BOARDS 444 SW 2nd Avenue, 7th Floor • Miami, Horida 33130 Telephone 305-416-2030 e 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 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. Upon submittal, this application must be accompanied with a signed and current Zoning Referral. 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. A valid 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 is signed or initialed by the Planning Department designee. Applications given to customers do not constitute action from the City of Miami without plans review and written comments from Zoning. Rev_ 32-34-D4 1. This complete application should be reviewed and initialed by the Planning 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 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 g0 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. This petition is proposed by: ❑ Planning Department x Other, please specify Property owner. 5. The subject property is located at: approx. 720 SW 30 Avenue Folio number: 01-4104-037-0880 AND MORE PARTICULARLY DESCRIBED AS: Coral Nook, PB 8-115, Lot 13, Block 6. Rev. 12-14-04 • 6. 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: Single Family Residential TO: Restricted Commercial 7. What is the purpose of this application? To unify the property with one Comprehensive plan designation the great majority of the property is already designated Restricted Commerical. 8. What is the acreage of the project/property site? .13 acres 9. Has the designation of this property been changed in the last year? If so, when? No. 10. Do you own any other property within 200 feet of the subject property? Yes. If yes, has the property been granted a change in plan designation within the last year? No. 11, Have you made a companion application for a change of zoning? Yes. 12. Have you filed a(n): • Affidavit of ownership? Yes. • Disclosure of ownership form? Yes. • List of owners of property within 500 feet of the subject property? Yes. If not, please supply them. 13. 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 Department (3`d Floor) at 305-416-1400 for information.} No. 14. 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 Department (3rd Floor) at 305-416-1400 for information.} No, 15. Please submit a statement indicating why you think the existing plan designation is inappropriate. Please see accompanying letter of intent. 16. Please submit a statement justifying your request to the requested plan designation change. Please see accompanying letter of intent. Rev. 12-14-04 3 • 17. All documents, reports, studies, exhibits (8 1/z x11 ") or other written or graphic materials to be submitted at the hearing shall be submitted with this application and will be kept as part of the record. 18. Other (Specify and attach cover letter explaining why any document you are attaching is pertinent to this application). 19. Cost of processing, according to the City Code: Conservation, recreation, residential single-family duplex Residential medium density multifamily Residential high -density multifamily, office, major public facilities, transportation/utilities Commercial/restricted, commercial/general and industrial Commercial (CBD) Surcharge for advertising each item Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice Signatu Address tiago hdhemendia Patricia M. Baloyra Name $ 300.00 $ 450.00 $ 550.00 $ 650.00 $ 1,200.00 $ 1,200.00 $ 3.50 Tew Cardenas, LLP Foiir Seasons Tower, 15th Floor 1441 Brickell Avenue Miami, Florida 33131 Telephone 305.536.1112 Date Z STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this ' day of 20cA by Patricia M. Ba�oyra who is L. (n) individual/partnerlagenticorporation of Tew Cap eths, L ,P a(n) individual/partnership/corporation. He/She is personally knnwn to me ,or who has produced as identification and who did (did not) take an oath. (Stamp) Wilda Montenegro • " Commission D D267O Expires:Boded Tin' 2007 n Mantic Bo xding Ca., inc. Rev. 12-14-04 AFFIDAVIT Santiago D, Echemenfia & Before me, the undersigned authority, this day personally appeared Patricia M. Baloyra , who being by me first deposes and says: 1. 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 its 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, DI including responding to day to day staff inquires; 0 not including responding to day to day staff 305.536,1112 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. FFurther Affi nt a eth not Patr�c�a aoyra, as counsel for Ocho Building, 71r Applicant Name Applicant Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of Esc+ • 20_, by Patrxeia M. Baloyra who is individuallpartnerlagent/corporation of Tew Cardenas, LLP a(n) individual/partnership/corporation. He/She is •ersonally known to me or who has produced as identification and w o •i• not) take an oath. Vida = Commission 4DD26700 • (Stamp) �•. ° ��� Expires: Nov; 3, 2007 s is -Bonded Thru ""' Atlantic annding Co., Inc. Rev. 12-14-04 4 • • DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: Address: 3003 SW 8 Street Legal Description: Lots 11, 12, and 13, Block 6 of the Coral Nook Subdivision according to the Plat thereof as recorded in Plat Book 8 and Page 115 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, andior any other interested parties, together with their addresses and proportionate interest. Ocho Building, LLC 1390 S. Dixie Highway Suite 2120 Coral Gables, Florida 33146 Managing Member: M&A Ranch Estates, Inc. 1390 S. Dixie Highway Suite 2120 Coral Gables, Florida 33146 Armando J. Guerra, Director so Z. Maria C. Guerra, Director 5d7., 1390 S. Dixie Highway Suite 2120 Coral Gables, Florida 33146 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. None Owner or Attorney for Owner Name ,> ,,A'M- M e:'6Ltertl Taws° STATE OF FLORIDA COUNTY OF MIAMI-DADE 14 The foregoing instrumentwas acknowledged before me this i ' day of J(L& 3I,2005,by, Patricia M. Baloyra, Esq., on behalf of Ocho Building, LLC. She is personally known to meld not ke an oath. (Stair}) $4TA Wilda Montenegro ,, ,_ ▪ Commission tiDD267408 ▪ Expires: Nov 13, 2007 T'Fos Bonded Thru Atlantic Bonding Co., Inc. @PFDesktop\::0DMA?vtHODMAN AM1;428346;1 Signa U« CJLJ LUCJ3 n : l.i e t3 bbLJ. _JLJ3 111111111111 11111111111111111111 111111111i t This instrument Was Prepared By. • Patricia, K- Crccn, q• Stearns Weaver Miller Weiseler Alhadeff & Sitterson, P.A. 150 West FirdOct- St-, Suite 2200 Miami, Florida 33i3Q Property Appraiser Identification No. ol-41O4-OR7-v8Bo • • Grantee's Tax Identification No. C.FIN 2004RO86 5 DF T.k 22701 Pos 3£73 - 3875; (;',P ^) RECORDED 1I fQ4/2004 12:42= 5 DEEO DOC TAX 6rti1).UU SURTAX 4,832.50 HARVEY RUVINr CLERP. OF COURT t�IAftI C}i4t?� C©UNTYr FLORIDA WARRANTY DEED (F.S. §689.02) This indenture made this'213 day of September, 2oo4, A.D. by KENNETH L. RREFETZ, a single m n (tile. "Seller") whose post office address is c/o Metropolitan. Petroleum Company, 7962 N.W. 14th Street, Miami, Florida 33126, in favor of OCHO BUILDING, LLC, a Florida limited liability company (the 'Buyer') whose post office address is Ockw 5., Dixie Wlap14-wA1j) Lc), GAF, oorp -2L5} 331 t. wrTNESSCTH: That the said. Seller, for and in consideration of the sum of TEN DOLLARS ($t.o.00) to him in hand paid by the said Buyer, the receipt whereof is hereby acknowledged. haw granted, bargained and sold to the said Buyer, his heirs and assigns forever, the following described land, to wit: EXHIBIT "A" AITACHED BERET() Subject to zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions, easements and. matters appearing on the plat or otherwise common to the subdivision; public utility easements of record; arid taxes for the year 2004 and subsequent years; provided nothing contained herein shall act to reimpose same. The Seller hereby confirms that the subject property is commercial property and is not and never has been his homestead, nor contiguous thereto. The Seller resides at 2373 Earls Court, Los Angeles, CA goo77- And the said Seller does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. SIGNATURE AND ACKNOWLEDGMENT APPEAR ON FOLLOWING PAGE tiLI ULI LUCID 07. i. l000L.1.JtJJ Witness Ci PIinlesS Print Warne of Witt'enc STATI OF CALIFORNIA ) SS: COUNTY OF !s ) The foregoing instrument was acknowledged before me this f2g day of September, 2004, by KENNETH L. I REFETZ. © Personally Known 2'Produced D G:1W PKfr14a5871o711t1e®ditImpd • Print or St Notary Publ. Commission My Commission JOSHUA ANDREW LENANDER Commission # 1502139 Notary Public - California Los Angeles County y Comm. Expires Jul 20, 2008 -2- 02/02/2005 09:13 7866215233 A.J. GUERRA PAGE 04/ 04 OR SK 22701 PG 3S715 LAST PAGE EXITUBIT "A" Description Lot 11, 12 and 13, ,Block6, o f CORAL NOOK, according to the P1at thereof, recorded in Plat Book 8, at Page 115, of the Public Records of Miarni-Dade County, Florida.