HomeMy WebLinkAboutApplication & Supporting DocsTEW - CARDENAS LLP
MIA-'.4I • TALLAHASSEE • WASHINGTON DC
02,
pmb a:tewlaw.com
February 25, 2005
VIA HAND DELIVERY
Mrs. Teresita Fernandez
Chief, Hearing Boards Section
Department of Planning & Zoning
444 S.W. 2nd Avenue, 7th Floor
Miami, Florida 33130
FOUR SEASON TOWr: P.
i5HLOOR
1 =1 BRICKF.-LL AVE AVENUE
N.Il NtI. FLORIDA 33131 --3407
T 305.536.1112
1 305.536.1116
WWW.T.F.`.ti LA\!', C
Re: Revised Letters of Intent for Ocho Building, LLC, 720 SW 30 Avenue: Comprehensive
Land Use Amendment and Rezoning 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 now, the applicant does not 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 willing 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 information 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: The
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
February 25, 2005
Page 2
inconsistent comprehen.sive 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.
Sincerely,
ntiago D. Echemendia
Patricia M. Baloyra
C 1'FDcsktopl::0DMA/M110DMA/M.1AMI:423989;1
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. 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. 12-14-04
1, Santiago D. Echemendia and Patricia M. Baloyra of Tew Cardenas LLP on behalf of
Ocho Building, LLC
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):
Address of property: approx. 720 SW 30 Avenue
2. Folio number: 01-4101-037-0880
3. Two (2) 11x17" 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 address and legal description on a separate sheet
of paper, labeled as "Exhibit A".
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-1
Future zoning designation(s): C-1
10. Statement explaining why present zoning designation is inappropriate.
Please see accompanying letter of intent.
11. Statement as to why proposed zoning designation is appropriate.
Please see accompanying letter of intent.
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 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 Department (3rd Floor) at 305-416-1400 for information.) No
14. What is the acreage of the project/property site? approximately .13 acres
15. What is the purpose of this application/nature of proposed use? Please see
accompanying letter of intent.
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 and will be kept as part
of the record.
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:
Signet
Name Patricia M.. Baloyra
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 $ .20
$ 750.00
Minimum
C-1, C-2, 1, 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
$ .25
$ 900.00
$ .30
$ 1,000.00
$ 3.50
Tew Cardenas, LIP
Four Seasons Tower, 15th Floor
Address
Santiago D. Echemendia 1441 Brickell Avenue
Miami, Florida 33131
Telephone 305.536.1112 Date S
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this 17911 day o
20,, by Patricia M. Baloyra
individual/partner/agenticorporation of Tew Cardenas, LLP
a(n) individual/partnership/corporation. He/She is personally known to me or who has
produced as identification and who did (did not) t ke n oath.
r
(Stamp)
Wilda Montef gra
Commission 4D13267003
Expires: Nov 13, 2007
Bonded ihru
Rev. 12-14-04 3
Signature
who is a(h)
AFFIDAVIT
Santiago D. Echemendia &
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.
FM, ga oyra, as counsel
Patriciatrza
for Ocho Building, LLC
Applicant Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Applicant Signature
The foregoing instrument was acknowledged before me this ` day of
20_, by Patricia M, Baloyra who is - (n)
individual/partner/agent/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.
(Stamp)
Signature
Rev. 12-14-04
4
DISCLOSURE OF OWNERSHIP
1. Legal description and street address of subject real property:
Address:
Legal Description:
3003 SW 8 Street
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, and/or 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
Maria C. Guerra, Director 5°24
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 ?` - t'A
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this i day of
M. Baloyra, Esq., on behalf of Ocho Building, LLC. She is personally known to me
(Stamp)
.ytii: ty
•�� ` Wilda Montenegro
= Commission fiDD247008
-0. Expires: Nov i 3, 2007
a ' • Dc nded Thai
'';"` , Atlantic r:onding Co., in^.
@PFDesktop\::ODMA/MHODMA/MIAMI;428346;1
, 2005, by, Patricia
ke an oath.
02/02/2005 09:13 7866215233
A.J. GtJERRA
PAGE 02;'' 0
111E1I 11111 IIIII IIIII 11111 1111! !II I
This instrument Was Prepared By:
Patricia K. Crecn, Eq.
Stearns Weaver Miller Weisster
.Alhadeff & Sittersolt, P.A.
1,50 West FlagIt(3t., Litenzzoo
Miami, Florida 3313o
Property Appraiser
Identification No.
O1-47,04-027"`08B0
Grantee's Tax
Identification No.
CIFNJ, ' 2CflHJ14RO86 *
R 2701 I s$ 2S7 1
RECORDED IIYD44(2004 12:42w
DEED DIX TAX trP i1.)).UU
UR.T rcx 85145
HARV'EY RUVIH r CLERK OF COURT
1IAMI-DC.0E C0UNTY7 FLORIDA
e.RANTY DEED
(F.S. §689.o2)
This indenture made this day of September, 2004, A.D. by KENNETH L.
)(REF, k.TZ, a single man (the "Seiler' whose post office address is c/o Metropolitan,
Petroleum Company, 7962 N .W.
BUILDING, LLC, a Florida limit
address is 13 t s , flocie Foto
4.45
Street. Miami, Florida 33126, in favor of OCHO
ability company (the "Buyer") whose post office
?i3�? -iZ.d 002,04.02f)j re, 331gl+c"
WITNESSETH: That the snia Senor,, for and in consideration of the sum of TEN
DOLLARS ($to.00) to him in hand paid by tie said Buyer, the receipt whereof is hereby
acknowledged. have granted, bargained and sold to the said Buyer, his heirs and assigns
forever, the following described land. to wit:
EXHIBIT' "A'ATTACHED HERETO
Subject to zoning„ restrictions, prohibitions and other requirements imposed by
governmental authority; restrictions, easurnerits and matters appearing on the plat or
otherwise common to the subdivision; public utility easements of record; and taxes for the
year 2004 and subsequent years; prow d ',d 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 90°77_
And the said Seller does her. 1y fully warrant the title to said land, and will defend
the same against the lawful claims of ail ,&sons whomsoever.
SIGNATURE AND ACI D DGMENT APPEAR ON FOLLOWING PAGE
02/02/2005 09:13 7866215233
. J. GUERRA PAGE 03/ i7i4
Witnesses: ------
Witnes
Print es
Witnes
19e,--1 •
Print Ws.me nf Witns
STA1 E OF CALIFORIsrlik.
SS:
COUNTY OF 4-rws5-)
The foregoing instrument was acknowledged before me this gg day of
September, 2004, by KENNETH L. ICREFETZ.
Personally Known 2/"Produced
GI1w-P1,32,587\on\deetitiLifpd
Print or Sta aine:
Notary Publi', State 0
Comrnission Mp„: t
My Comrnission
es:
t Large
OSNLIA ANDREW LENANDER
Commission # 1502139
ory Publio California
Los Angeles County
orn. xplresJul20, 2008
/AW4A-476,-
02/@2f2005 09:13 7866215233
r .J. GUERRA PAGE 04104
OR B.K :2 r k:el PG : 875!
LAST PAGE
EXHIBIT "A"
Legal Description
Lot 11, 12 and 13, Bioc.k 6, of CORAL NOOK, according to the Plat thereof, recorded in Plat Book
8, at Page 115, of the Public Records of Miami -Dade County, Florida.