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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 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. 02-22-05
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1, Ben Fernandez on behalf of Brisas del Rio, inc., 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: 1583 NW 241h Avenue, Miami, FL
2. Folio number: 01-3134-059-0010; 01-3134-059-0020; 01-3134-068-0010
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. 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" and "B".
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): SD-4 Waterfront Industrial and R-3 Medium Density
Multifamily Residential.
Future zoning designation(s): C-1 Restricted Commercial (Parcel 2) and R-3
Medium Density Multifamily Residential (Parcel 1)
10. Statement explaining why present zoning designation is inappropriate.
The existing designation on the majority of the property is primarily limited to
marine industrial operations and uses. The property has been vacant for over 5
years. Many marine industrial uses are incompatible with the surrounding
residential area.
11. Statement as to why proposed zoning designation is appropriate.
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.
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.02-22-05 2
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 (3`d Floor) at 305-416-1400 for information.} No.
14. What is the acreage of the project/property site? 9.44 Acres
15. What is the purpose of this application/nature of proposed use? To accommodate the
redevelopment of the property with a mixed -use multifamily project.
16. 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.
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:
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
Minimum
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
$ .20
$ 750.00
$ .25
$ 900.00
$ .30
$ 1,000.00
$ 3.50
Signature - •%Address 200 S. Biscayne Blvd., # 850
Name Ben Fernandez, Esq. Miami, FL 33131
Telephone 305-377-6235
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Date
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 & 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
Y COMM SS ON # Oe5+
F,XPH7ES: F bruay 23.2O
Rev. 02-22-05 3
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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 Mia
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, I] 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 7tt' 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)
SETTY LLERENA
_. Sign
CMM SSION # Di: 095997
EXPFRE'S: February 27 a;�
Rev. 02-22-05 4
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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 % Homero 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, Est[.
Legal Description
Owner or Attorney for Owner Name Owner or Attorney for Ow Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this ^ th 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)
3E(iYLLERENA
COMMlSS ON # DD 095997
EXP[*?ES' Fgtss,-ary 27. 2
FL ?:Gigfy S[.'v!G_= & ?(NK. Inp, d��,
Rev. 02-22-05
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EXHIBIT A
LEGAL DESCRIPTION OF PROPOSED PARCEL No.1
CCWENCE AT THE SOUTHWEST CORNER CF "TRACT 2 ' AUENS
SLEIDIVISON* ACCORDING TO THE PLAT THEREOF AS RECOR
IN PLAT BOOK 80 AT PAGE 58 OF THE PUBUC RECORD OOFDED
DALE COUNTY FLORIDA SAID POINT LYING AND BEING IN THE
CITY OF MINA, FLORIOA. THENCE NORTH 01'2 13" WEST FOR
275.87 FEET TO A POINT OF CURVATURE; THENCE
NORTHWESTERLY ALONG A CIRCULAR CURVE TO THE LEFT
CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 75.00
FEET AND A CENTRAL ANGLE OF 70' 243` 45° FOR AN ARC
DISTANCE C$ 92.26 FEET TO A POINT OF TANGENCY ALSO
E3EING THE POINT OF BEGINNING OF ME HEREiNAF IER
DESCRIBED PARCEL. OF LAND; THENCE NORTH 71149'58' WEST
AI.0NG THE NORTHEASTERLY RIGHT—OF—WAY UNE OF N.W.
18th STREET. CITY OF MIAMI, FOR 108.50 FEET; THENCE NORTH
01'21'13" VEST FOR 340.13 FEET; THENCE SOUTH 58' 08' 06
EAST FOR 53.83 FEET; 'EHENC E SOUTH 80' 41154° EAST FOR
58.38 FEET; THENCE SOUTH 0111'13' EAST FOR 85.10 FEET;
THENCE SOUTH 88' 38'47' WEST FOR 48.31 FEET, THENCE
SOUTH 01' 21' 13 EAST FOR 204.86 FEET; THENCE NORTH 88'
38'47' EAST FOR 51.19 FEET; THENCE SOUTH 01'21'13' EAST
FOR 45.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 23099.282 SQUARE FEET MORE OR LESS OR 0.53
ACRES MORE OR LESS.
EXHIBIT B
LEGAL DESCRIPTION OF PROPOSED PARCEL No. 2
BEGIN AT THE SOUTHWEST CORNER OF TRACT 2 • ALIENS
SUBDIVISION" AEG TO THE PLAT :MMO, AS IN PLAT BOOK 60. AT PAGE 56 OF THE PU8uC RECOROF DADE COUNTY FLCRIDA SAID POINT LI1NG AND BEJNG IN THE
ary. OF MAC FLORIDA. 'MINCE NORTH 01'21'13" WEST FOR
275.87 FEET TO A POINT OF CURVATURE; 'THENCE
NCRTHWESTERLY ALONG A CIRCULAR CURVE T'0 THE LEFT
CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 75.00
FEET AND A CENTRAL ANGLE OF 70' 28' 43" FOR AN ARC
DISTANCE CF 92.26 FEET TO A POINT OF TANGENCY THENCE
NORTH 01'21'13" 1VEST FOR 45.00 FEET; VENCE SOUTH 88 38'
47" %VEST FOR 51.19 FEET; 'THENCE NORTH 0121' 13" WEST
FOR 204.86 FEET; THENCE NORTH 8838` 47" EAST FOR 48.31
FEET; 'HENCE NORTH 0121' 13" WEST FOR 85.10 FEET;
THENCE SOUTH 80'41'54" EAST ALONG THE SOUTHWESTERLY
RIGHT-OF-WAY LINE OF THE M AUI-RIVEN FOR 383.94 FEET;
THENCE SOUTH 83' 49' 37' EAST FOR 291.61 FEET; THENCE
SOUTH 01' 11' 15" EAST FOR 830.54 FEET; THENCE SOUTH
8817' 02" WEST FOR 41.30 I" tE i; THENCE NORTH 01'21' 13"
WEST FOR 34.93 FEET; THENCE SOUTH 8817' 02" WEST FOR
50.00 FEET; THENCE NORTH 0121' 13" WEST FOR 123.50 FEET;
THENCE SOUTH 8817. 02" WEST FOR 490.00 FEET; TO THE
POINT OF BEGINNING.
CONTAINING 388001.538 SQUARE FEET *, 8.91 ACRES *
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Prepared :
KEITH D. DIAMOND, ESQ.
BankAtlantic Building, Fourth Floor
46 Southwest First Street
Miami, Florida 33130
WARRANTY DEED
t Yi i3` i_
THIS WARRANTY DEED made the J day of ' ': '.- � �_�'; . A.D. 2003 by
BERNUTH CHARTERING, S.A., a Panamanian corporation, 3201 N.W. 24t" Street Road. Miami,
Florida 33142 hereinafter called the grantor to BRISAS DEL RIO, INC., a Florida corporation,
whose post office address is c/o 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 confirm 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 al
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.
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Signed, sealed and delivered in the presence of us:
Witnesses: ,>—''" ""Th BERNUTH CHARTERING, S.A.,
a Panamanian c poration
Print Name;
By:
Print Name: ' s� �. , ; t✓ &#.•-
Print Name...Title 6-
STATE OF FLORIDA
: SS.
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this • day of �'`, :_,z�', 2003 by
.--. 1.-) 8
j �,�.3'''41t,', F�a aS i� na' �� � % ��p..�,f; �A' OfBernuln Chartering, S.A., apanaindnian corporation, \Cjii)
is personally known to me reduced_ _ _....
My commission expires:
NOTARYTUBLIC AT LARGE
STATE OF FLORIDA
Keith D. Diamond
COMMISSION # DDT30252 EMS
7uly 13, 2006
BONDED 1F VTROY MNSNSuRLJiC{,{