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HomeMy WebLinkAboutApplication & Supporting Docsr'O, HEARING BOARDS 444 SW 2,d Avenue, 7th Floor • Miami, Florida 33130 Telephone 305-416-2030 • Fax 305-416-2035 www.ci.miami.fl.us PUBLIC HEARING APPLICATION FOR (REVISED) AMENDMENT TO THE ZONING ATLAS AND/OR OVERLAY DISTRICT Welcome to Hearing Boards! This application is for your reference and is intended to serve as a guide in acquainting you with our public hearing process. By any means, please feel free to contact us 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. Copies of lobbyist documentation with proof of payment must be submitted. The responses to this 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, a paid receipt must be submitted before the deadline. Upon submittal, this application must be accompanied with a signed and current Zoning Referral and the subject property must not have any open code enforcement/lien violations. 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. 04-12-05 { Lucia A. Dougherty, on behalf of Balans Biscayne Properties, LC , 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: 632, 634 NE 68 Street 2. Folio number: 01-3218-0008-0020 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 (Single -Family Residential) Future zoning designation(s): R-1 wf SD-12 Overlay 10. Statement explaining why present zoning designation is inappropriate. See attached Exhibit "B" 11. Statement as to why proposed zoning designation is appropriate. See attached Exhibit "C" 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.} Yes Rev. 04-12-05 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 0.21 acres What is the purpose of this application/nature of proposed use? To rezone two Tots currently zoned R-1 to R-1 w/ an SD-12 overlay. Proposed use is a surface parking lot. 15. 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. 16. Other (Specify and attach cover letters explaining why any document you are attaching is pertinent to this application). 17. 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, GII, HP per square foot of net lot area $ .20 Minimum $ 750.00 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 Name Telephone Lucia A. Dougherty $ .25 $ 900.00 $ .30 $ 1,000.00 $ 3.50 Address 1221 Brickell Avenue 305-579-0603 Date Miami, FI 33131 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of 20by Lucia A. Dougherty who is individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. a(n) (Stamp) Rev. 04-12-05 Signatu OFFICIAL NARY:_RAL MA.RISOL R GONLAi FZ NOTARY r P:LTCS!'ATFOFFLORIDA CCJNi:hi ON :NO. DD14$882 Y COMM ids si :r' .197 1721306 AFFIDAVIT Before me, the undersigned authority, this day personally appeared Lucia A. Dougherty , 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 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, © 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 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. Lucia A. Dougherty Applicant Name Applicant Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of 6. 2i by Lucia A. Dougherty who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Signatur OFFICIAL NOTARYSyEAL ` ARISOL R GO NZALEZ OTARY PUBLIC STATE OF FLORIDA �SIO: NO. Rev. 04-12-05 DISCLOSURE OF OWNERSHIP 1. 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(es) Balans Biscayne Properties, LC Subject Property Address(es) 632, 634 NE 68th Street See Attached Exhibit "A" Telephone Number (305) 534-9191 Prady Balan 90% David Taylor 10% 2. Street address and legal description of any property: (a) Owned by any party listed in answer to question #1; and (b) Located within 500 feet of the subject property. (Please supply additional lists, as applicable.) Street Address Legal Description None Lucia A. Dougherty Owner or Attorney for Owner Name Owner or Attorney for Owner Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this __ day of 20 ` , by Lucia A. Dougherty FI' who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and wh aid (did not) take an oath. (Stamp) Signature ?ARISO , R GONZA1,1-2 STATENOTARY PUBIJC El. COM M3SSTON NO. -48F-2 Rev. 04-12-05 OR Bk 22591 PG 0764 L 173`,T PAGE Exhibit "A" Lots 2, less the West 8 feet for Right of Way, 4, 6 and 8, of ELMIRA, a subdivision according to the plat thereof, as recorded in Plat Book "B" at Page 162, of the Public Records of Miami -Dade County, Florida; and Less the following; Begin at a point of intersection of the North line of said Lot 2 with the East right-of-way line of State Road 5 (Biscayne Boulevard), as shown on the Florida Department of Transportation Maintenance Maps for Section 87030-MTC-1, as recorded in Road Plat Book 152, page 10 of the Public Records of Miami - Dade County, Florida, said point being 2.438 meters (8.00 feet) East of the Northwest corner of Lot 2, (as measured along the North line of said Lot 2); thence North 87°48'57" East, along said North line of Lot 2, a distance of 7.070 meters (23.20 feet) to the point of cusp with a tangent circular curve, concave to the Southeast, having a radius of 8.534 meters (28.00 feet); thence, from a tangent bearing of South 87°48'57" West, Southwesterly along said curve to the left, through a central angle of 55°48'14", for an arc length of 8.312 meters (27.27 feet) to a point of intersection with said East right-of-way line of State Road 5; thence North 02°21'31" West, along said East right-of-way line, for 3.738 meters (12.26 feet) to the Point of Beginning. 0.4_, EXHIBIT "B" The present zoning designation of the subject lots is inappropriate because it prohibits the development of the contiguous property which consists of the two subject lots on the east half of the property and two "Restricted Commercial" lots on the west half of the property (Adjacent to Biscayne Boulevard). Without the ability to provide parking set back from Biscayne Boulevard, it is not feasible to develop the two commercial lots in the west half of the property. EXHIBIT "C" The proposed zoning designation is appropriate because it creates a buffer between residential and nonresidential districts. The SD-12 overlay provides for greater flexibility in the development of the abutting C-1 "Restricted Commercial" lots. The neighboring lot to the North is a commercial use (retail) with parking in the rear and it extends east to the same extent that we are proposing, therefore the proposed zoning designation will be in context with our immediate neighbor to the North. The subject lot is currently vacant. The previous use was a motel with parking facing N.E. 68th Street and extending to the east end of the property. This motel has since been demolished and the current owner wishes to build a three story building at the Biscayne Boulevard end of the site comprising a restaurant at ground level and two floors of rental apartment units above, with surface level parking in the two subject lots. We believe this use is appropriate for the immediate neighborhood and that without the re -zoning of the two subject lots the property as a whole will not be developable due to the impossibility of providing adequate parking. 111111 IIIII IIIII IIIII IIIII IIIII I11I1111111I STATUTORY WARRANTY DEED Section 689.02, Florida Statutes THIS INDENTURE, CFN 2004R0726366 DR BIB 22591 F'g s 0762 - 7 64; (3u 9 s RECORDED 08/19/2004 1; :57:15 DEED DOC: TAX 5 400. Ct0 SURTAX 4:050.o: HARVEY RUVINr CLERK OF COURT MIAMI-DADE COUNTY; FLORIDA Made this day of August, 2004, by White Dove Holding, LLC, a Florida limited liability company, party of the first part, and Balans Biscayne Properties, LC, a Florida limited liability company, whose post office address is 1022 Lincoln Road, Miami Beach, Florida 33139, party of the second part. WITNESSETH, That the said party of the first part, for and in' consideration of the sum of Ten ($10.00) Dollars and other good and valuable considerations ($10.00 and o.v.c.), to it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said party of the second part, its heirs and assigns forever, the following described land situate, and being in the County of Miami -Dade, State of Florida to wit: See Exhibit "A" SUBJECT TO: Conditions, restrictions, conditions, easements, limitations and zoning ordinances, if any. SUBJECT TO: Real Property Taxes levied subsequent to December 31, 2003 Property Appraiser's Parcel Identification Number is: 01-3218-008-0020 And the said party of the first part do hereby fully warrant the title to said land, and will defend the same `against the lawful claims of all persons whomsoever, that said land is free of all encumbrances. Together with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To have and to hold the same in fee simple forever. And the party of the first part hereby covenants with said party of the second part that they are lawfully seized of said land in fee simple; that the party of the first part have good right and lawful authority to sell and convey said land. IN WITNESS WHEREOF, The said party of the first part has hereunto set its hand and seal the day and year first written above. Signed, sealed and delivered in the presence of: Pnkt N Print ame: 4. H/TXY STATE OF FLORIDA COUNTY OF MIAMI-DADE White Dove Holding, LLC a Florida Lim (L.S.) e,� Jeff 0. Morr, as Managing Member 1827 Sunset Harbour Drive Miami Beach, Florida 33139 ao��r S ) ce Bassani Saad, as Managing Member 1827 Sunset Harbour Drive Miami Beach, Florida 33139 } SS: I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, Jeff O. Morr, and Bassarn Saad, as Managing Members of White Dove Holding, LLC, a Florida limited liability company, who have produced a Florida Driver's License as identification and being first duly sworn, they executed the foregoing Warranty Deed and acknowledged before me that they executed the same on behalf of t1 limited liability company freely and voluntarily for the purpose therein expressed. Witness �'�� d , d icial seal at Miami -Dade County, State of Florida, this 1�_ day of August, 20 Nota - Public, State of Florida at Large iEi�.4!?iffi! Print name of Notar,9,ti:`G© di ipn No. My Commissiort: Exfree:• 4 . �..� :* y � #0D 123201 ;,7, F '',fal=, ST ill o`!```\ f 111 tl 2 This instrument was prepared by: Alan B. Fishman, Esquire 300 Arthur Godfrey Road Suite 204 Miami Beach, Florida 33140 (305) 532-2810 OR BK. 22591 PG 0764 L_ T PAGE Exhibit "A" Lots 2, less the West 8 feet for Right of Way, 4, 6 and 8, of ELMIRA, a subdivision according to the plat thereof, as recorded in Plat Book "B" at Page 162, of the Public Records of Miami -Dade County, Florida; and Less the following: Begin at a point of intersection of the North line of said Lot 2 with the East right-of-way line of State Road 5 (Biscayne Boulevard), as shown on the Florida Department of Transportation Maintenance Maps for Section 87030-MTC-1, as recorded in Road Plat Book 152, page 10 of the Public Records of Miami - Dade County, Florida, said point being 2.438 meters (8.00 feet) East of the Northwest corner of Lot 2, (as measured along the North line of said Lot 2); thence North 87°48'57" East, along said North line of Lot 2, a distance of 7.070 meters (23.20 feet) to the point of cusp with a tangent circular curve, concave to the Southeast, having a radius of 8.534 meters (28,00 feet); thence, from a tangent bearing of South 87°48'57" West, Southwesterly along said curve to the left, through a central angle of 55°48'14", for an arc length of 8.312 meters (27.27 feet) to a point of intersection with said East right-of-way line of State Road 5; thence North 02°21'31' West, along said East right-of-way line, for 3.738 meters (12.26 feet) to the Point of Beginning.