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HomeMy WebLinkAboutApplication & Supporting Docs• • • HEARING BOARDS 444 SW 2nd Avenue, 7th Floor • Miami, Florida 33130 Telephone 305-416-2030 • Fax 305-416-2035 www.ci.miami.fl.us 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. 02-22-05 • 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 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. This petition is proposed by: 0 Planning Department l i Other, please specify Ben Fernandez, Esq. on behalf of Brisas del Rio , Inc. 5. The subject property is located at: 1583 NW 24ei Avenue Folio number: 01-3134-059-0010; 01-3134-059-0020: 01-3134-068-0010 AND MORE PARTICULARLY DESCRIBED AS: See attached Exhibit °'A" attached (Parcel 1) and Exhibit "B" (Parcel 2) Rev.02-22-05 2 • 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: Industrial TO:Restricted Commercial (Parcel 2) and Medium Density Multifamily Residential (Parcel 1) 7. What is the purpose of this application? To accommodate the redevelopment of the property with a mixed -use multifamily project. 8. What is the acreage of the project/property site? 9.44 Acres total. (Parcel 1 = 0.53 Acres, Parcel 2 = 8.91 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? No. If yes, has the property been granted a change in plan designation within the last year? 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.} Yes. 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 (3`d Floor) at 305-416-1400 for information.} No. 15. Please submit a statement indicating why you think the existing plan designation is inappropriate. The existing designation on the majority of the property permits general commercial uses such as heavy equipment sales, building materials storage wholesaling, warehousing, distribution, and transportation related services, light manufacturing and assembly, which are incompatible with the predominantly residential area. The property has been vacant for over 5 years. 16. Please submit a statement justifying your request to the requested plan designation change. The requested land use change would permit the property to be developed with a mixed -use project featuring residential and marine related commercial uses that are more compatible with the surrounding area. Rev, 02-22-05 17. 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 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 majling . -r notice Signature Name Telephone Ben Fernandez, Esq. 305-377-6235 STATE OF FLORIDA COUNTY OF MIAMI-DADE Date $ 300.00 $ 450.00 $ 550.00 $ 650.00 $ 1,200.00 $ 1,200.00 $ 3.50 ddress 200 S. Biscayne Blvd., # 850 Miami, FL 33131 March 7, 2005 The foregoing instrument was acknowledged before me this 7th day of March, 2005, by Ben Fernandez, Esq. who is a(n) partner of Bercow & RadeII, PA a corporation. He/She is personally known to me or who has produced as identificati d who did (did not) take an oath. (Stamp) Sign BETTY LLERENA MY COMMISSION # DO 095997 EXPIRES: February 27, 2006 1•800-3NQTARY FL Notary Service & Bolidng, Inc Rev, 02-22.05 4 • • AFFIDAVIT Before me, the undersigned authority, this day personally appeared Ben Fernandez, Esq., 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, CI 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 305-377-6235. 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. Ben Fernandez, Esq. Applicant Name Applicant Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 7th day of March, 2005, by Ben Fernandez, Esq. who is a(n) partner of Bercow & Radell, PA a corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) BETTY LLERPNA MY COMMtSSJON # 00 095897 } XP!RES: February 27, 2006 S I-&oo-3 NOTARY `- Notary sar4i. 6crx#iRS. Inc Sign Rev. 02-22-05 4 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) Brisas del Rio, Inc. (100 % Romero Meruelo Sr. & Belinda Meruelo — husband & wife) Subject Property Address(es) 1583 NW 24th Avenue, Miami, FL Telephone Number 305-865-1250 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 N/A Ben Fernandez, Esq. Owner or Attorney for Owner Name Owner or Attorney for OwSignature Legal Description STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 7`h day of March, 2005, by Ben Fernandez, Esq. who is a(n) partner of Bercow & Radell, PA a corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) BETTY LLERENA MY COMMISSION # DO 095997 EXPIRES: February 27, 200e 7-e0U3 NOTARY FL Naay Service 0a41d�n4, Inc. ��� Rev. 02-22-05 EXHIBIT A LEGAL DESCRIPTION OF PROPOSED PARCEL No.1 SCE AT THE SOUTHWEST CORNER OF TRACT 2 ' ALLENS SUBDIVISICIC ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 60. AT PAGE 58 OF THE PUBUC RECORD 0F DADE COUNTY FLORIDA SAID PONT LYING AND BEING IN THE art OF FOR 275.8FEET TO FLORIDA. OF CURVATURE; NORTHWESTERLY ALONG A CIRCULAR CURVE TO THE LEFT CONCAVE TO THE SOUTHWEST HAVING A RADIUS CC 75.00 FEET AND A CENTRAL AGE OF 7O' 28' 45' FOR AN ARC DISTANCE OF 92.26 FEET TO A POINT OF TANGENCY ALSO BEING THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBE) pARan. OF LAND; THENCE NORTH 71'49'58' WEST ALONG THE NORTHEASTERLY RIGHT--OF-WAY UNE OF N.W. 18t STREET, CITY GF 1,M11MI, FOR 108.50 FEET; THENCE NORTH 0111'13" 1REsr FOR�340.188 FEET; THENCE SOUTH 5B' 08' 06' EAST FOR 53.83 FEET; THENCE SOUTH 80' O4`1'4 EAST FCR 56.38 TEEM THENCE SOUTH 01'21'13' EAST FOR 85.0E FEET; THENCE SOUTH '88' 38'476 WEST FOR 48.31 FEET; THENCE SOUTH tit" 21' 13 EAST FOR 204.86 FEET; THENCE NORTH 58' 38'47' EAST FOR 51.19 FEET; THENCE SOUTH 01'21`13" EAST FOR 45.00 FAT TO THE POINT OF BEGINNING. CONTAINING 23099.282 SQUARE FEET MORE OR LESS OR 0.53 AGATES MORE OR LESS. • EXHIBIT B LEGAL DESCRIPTION OF PROPOSED PARCEL No. 2 BEGIN AT NE SOUTHWEST CORNER OF 'TRACT 2 " ALLENS SUBDIVISION' ACING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 60, AT PAGE 56 OF THE PUBLIC RECORD OF DARE COUNTY FL0R DA SAID POINT LYING AND BEING IN THE CITY OF mew. FLORIDA. THENCE NORTH 0121'13" WEST FOR 275.87 FEET TO A POINT Of CURVATURE; THENCE NORTHWESTERLY ALONG A CIRCULAR CURVE TO 1HE LEFT CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 75.00 FEET AND A CENTRAL ANGLE OF 70' 28' 4 5' FOR AN ARC DISTANCE CF 92.26 FEET TO A POINT OF TANGENCY THENCE NORTH 0121'13' WEST FOR 45.00 FEET; THENCE SOUTH 88'38' 47' WEST FOR 51.19 FEET; THENCE E NORTH 0121' 13' WEST FOR 204.86 FEET; THENCE NORTH m47" EAST FOR 48.31 FEET; THENCE NORTH 0121' 13'" WEST FOR 85.10 FEET; THENCE SOUTH 8D'41'54' EAST ALONG THE SOUTHWESTERLY RIGHT—OF—WAY LINE OF THE 141AMI--RIVER FOR 383.94 FEET; THENCE SOUTH 83' 49' 37" EAST FOR 291.81 FEET; THENCE SOUTH CV 11' 13' EAST FOR 630.54 FEET; THENCE SOUTH 8817' 02' WEST FOR 41.30 I -LET; THENCE NORTH 01'21' 13` WEST FOR 34.93 CR 50.00 FEET; THENCE NORTH 0l i�13" WEST FOR 12TH 8817' 02" 3.50T FFEET; THENCE SOUTH 8817' 02 WEST FOR 420.00 FEET; TO THE • POINT Cr BEGINNING. CONTAINING 388001.538 SQUARE FEET *. 8.91 ACRES * • 1;_'`11111111111111111111111111111111 !III 11$1 Prepared by: KEITH D. DIAMOND, ESQ. BankAtlantic Building, Fourth Floor 46 Southwest First Street Miami, Florida 33130 WARRANTY DEED it fi`ec: 29.0 2937; (F3gg SUP.Ti^!.n. — . 751-J. IA;iI—D ;C<E ' uU;T? r FLORIDA THIS WARRANTY DEED made the 1,.- ` day of BERNUTH CHARTERING, S.A.. a Panamanian corporation, 3201 N.W. 24' Street Road. Miami. Florida 33142 hereinafter called the grantor to BRISAS DEL RIO, INC., a Florida corporation.. whose post office address is clo Management Office, 5105 Collins Avenue, Miami, Beach, Florida 33140, hereinafter called the grantees. WITNESSETH: That the grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt of which is hereby acknowledged, hereby grant, bargain, sell, alien. remise, release, convey and confitin unto the grantees, all that certain land situate in Miami -Dade County, Florida, viz: Tracts 1 and 2, of ALLEN'S SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 60, Page 56, Public Records of Miami -Dade County, Florida. (the "Property") Tract 3, of ALLEN'S SUBDIVISION, FIRST ADDITION, according to the Plat thereof, recorded in Plat Book 73, Page 37, Public Records of Miami - Dade County, Florida (the "Property"). Together with all easements, tenements, hereditaments and appurtenances thereto. and all improvements located on the property. To have and to hold in fee simple forever. SUBJECT TO: Taxes for the year 2004 and subsequent years and easements of record without the intent of reimposing same. Folios: 01-31340680010 01-31340590010 01-31340590020 AND said grantor does hereby fully warrant title to said land, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. • • • Signed, sealed and delivered in the presence of us: Witnesses: BERNUTH CHARTERING, S.A., a Panamanian cc�-porati©n Print Name.; .� _ <.. , 2 B `\ Print Name: Air Title C�..K Print Name: - STATE OF FLORIDA T SS. COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this 17) day of `-e , 2003 by s : (11tl'%641.�. �c%) as �,�n�� �:,� -<brk��,,�r ofBernuthChartering, S.A.,aPanamanian corporation, v,...ho is personally known to me o -whf lras-preduced --- My commission expires: NOTARY* - PUBLIC BLIC AT LARGE STATE OF FLORIDA Keith D. Diamond *-_ MY COMMISSION * DDI30252 WIRES }Lily 13, 2006 RONDEC TFiRU TROY FAIN INSURANCE. INC