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HomeMy WebLinkAboutApplication & Supporting Docs/1/0 HEARING BOARDS 444 SW 2hd Avenue, 7th Floor + Miami, Florida 33130 Telephone 305-416-2030 • Fax 305-416-2035 www.miamigov_com PUBLIC HEARING APPLICATION FOR AN AMENDMENT TO THE ZONING ATLAS AND/OR OVERLAY DISTRICT Welcome to Hearing Boards! This application 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 with the complete application. The responses to this application must be typed and must be signed in black ink. The deadline to file the complete application, along with pertinent documents, is the first five working days (1-5) of each month —unless extended because of a holiday —from 8:00 am until 3:00 pm. If you like, you could bring the materials to our office for staff review before the deadline to ensure the application, is complete. Please note that the cashier on the 4th floor will close at 4:00 pm; therefore, a paid receipt must be submitted before the deadline. 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. Copies of City Commission resolutions can be obtained at our website through the "Legislative Hub", or for certified copies, 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 and dated by the Planning Department designee. Rev. 05-10-05 I, Javier F. Avino on behalf of H & H Development, Co., contract purchaser and Bird Ventures, LLC, owner , hereby apply to the Miami City Commission for approval in accordance with Article 22 of the Miami Zoning Ordinance, and in support of that request, furnish the following: 1. Obtain signature or initial and date by the Planning Department designee prior to submittal. 2. Address(es) and folio(s) of property: Approx. 3760 Bird Road 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. Present zoning designation(s): C-2 Statement as to why the present zoning designation is inappropriate. The present zoning is not in accord with the present development in the area. The area has seen a movement towards mixed -use developments which encompass an urban lifestyle. The current development as proposed could not be fully realized under the present zoning classification. 5. Future zoning designation(s): C-1 Statement as to why the proposed zoning designation is appropriate. The C-1 zoning is appropriate in that it captures the true development of the area. This zoning designation would allow for a true mixed -use project that would have a residential and much needed office component. This is a more appropriate designation than the current C-2 and would allow the proposed development. 6. The property/location listed does not have any open code enforcement/lien violations. 7. At least two photographs that show the entire property (land and improvements). 8. 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. 9. A clear and legible copy of the subject property address and legal description on a separate sheet of paper, labeled as "Exhibit A". 10. Affidavit and disclosure of ownership of the subject property (see pages 4 and 5). 11. Certified list of owners of real estate within 500 feet of the subject property (see pages 6 and 7). 12. What is the acreage of the project/property site? Approx. 1.76 acres 13. Is the property within the boundaries of a historic site, historic district or archeological zone? No Please contact the Planning Department on the 3rd Floor for information. 14. Is the property within the boundaries of an Environmental Preservation District? No Please contact the Planning Department on the 3`d Floor for information. Rev, 05-10-05 2 15. For corporations and partnerships, the following documents are to be submitted: a) Articles of Incorporation b) Certificate from Tallahassee less than one (1) year old showing good standing c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation authorizing the person who signed the application to do so d) For non-profit organizations only: A list of Board of Directors less than one (1) year old 16. All documents, reports, studies, exhibits (8 1/2 x11 ") or other materials to be submitted at the hearing shall be submitted with this application and will be kept as part of the record. 17. Cost of processing according to Section 62-156 of the Miami 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, Gil, HP per square foot of net lot area $ .20 Minimum $ 750.00 C-1, C-2, I, per square foot of net lot area $ .25 Minimum $ 900.00 CBD and all SD's, per square foot of net lot area $ .30 Minimum $ 1,000.00 Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice Signature,,,, Name Telephone 305-579-0703 Javier F. Avino $ 3.50 Address 1221 Brickell Avenue D ate E-mail Address avinoi gtlaw.com Miami, Florida 33131 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 31 day of 20 t , by Javier F. Avina 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. i j�1 (Stamp) Signature GO.NZALEZ -. OF FLOR Ott € _2 `S O'z Rev. 05-10-05 3 ._ _. AFFIDAVIT Before me, the undersigned, this day personally appeared Javier F. Avino , 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 his/her 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 foregoing petition, ❑ including or 0 not including responses to day to day staff inquires. 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. Javier F. Avino Applicant Name nt Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this i3 l day of _ C01312,---•(....- 20 , C:- , by Javier F. Avino 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 whp d.id {did not) take an o . OFFICIAL NOTARYS MARISOL R GONZAI 1; NOTARY PUBLIC STATT, OF FLORIDA COMlvIlSSION NO. D1YF48882 i MY COMMISSION EXP. sEP'T 17 Rev. 04-15-05 5 (Stamp) nature CONTRACT PURCHASER DISCLOSURE OF OWNERSHIP 3. List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if applicable. Owner's Name(es) Bird Road, LLC Subject Property Address(es) approx. 3760 Bird Road (See attached Exhibit "A") Telephone Number 305- 740-0819 E-mail Address Bird Road, LLC is owned by: Bird Road Holdings which is owned by Harvey Hernandez 100% 4. Street address(es) and legal description(s) 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, if applicable. Street Address Legal Description None Javier F. Avino Owner or Attorney Name , . • -r or Attorney Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The£egoing was acknowledged before me this % day of (O tGA"— 20 , by Javier F. Avino who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personaly known_io_me or who has produced as identification and who did (did not) take an oath. (Stamp) OFFICIAL NOTARY SEA MARISOL R GONZALEZ NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. a? zgf387 MY COMMISSION EXP. SEPT 1720 Rev. 04-15-05 7 DISCLOSURE OF OWNERSHIP 1. List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if applicable. Owner's Name(es) Bird Ventures, LLC Subject Property Address(es) approx. 3760 Bird Road (See attached Exhibit "A"). Telephone Number 305- 740-0819 E-mail Address See attached Exhibit "B„ 2. Street address(es) and legal description(s) 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, if applicable. Street Address Legal Description None Javier F. Avino Owner or Attorney Name r Attorney Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 3 / day of .....74)42)-e--Z. 20_ b5 , by Javier F. Avino 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 oafh. (Stamp) OFFICIAL NOTARY SEA L. MARISOL R GONZALEZ NOTARY PUBLIC STATE OF FLORIDA E COMMISSION'i n. D0148882 t MY COMMISSION EXP. SEM 17,200 Signature Rev. 04- l 5-05 6 PROPERTY ADDRESS: 3760 S.W. 40th. STREET, MIAMI, FLORIDA 33146 LEGAL DESCRIPTION: LOT 18 LESS THE EAST 10.00 FEET, LOT 21, AND LOT 24, LESS THE SOUTH 10.00 FEET ALL IN BLOCK 10 OF REALTY SECURITIES NPLATBOO ©2,P©RATION'S PLAT PAGE 85, OF THE F P OBLOANUT GROVE, IC RECORDS OF M AMR DING TO THE ADE COUNTY, THEREOF AS RECORDED AT FLORIDA. AND TRACT A, REPLAT OF A PORTION OF BLOCK 10 REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 45 AT PAGE 67, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LESS THE EAST 5.00 FEET, LESS THE SOUTH 5.00 FEET, LESS THE EXTERNAL AREA FORMED BY A 25 FOOT RADIUS ARC CONCAVE TO NORTHWEST AND TANGENT TO THE WEST LINE OF THE EAST 5.00 FEET OF SAID TRACT A AND TANGENT TO THE NORTH LINE OF THE SOUTH 5.00 FEET OF SAID TRACT A, LESS THE EXTERNAL AREA FORMED BY A 25 SAID ORACT A AND TANGENT TO NORTH LINE OT RADIUS ARC CONCAVE TO THE UOF SAID TRACT A ANDST, TANGENT THE WEST LINE OF THE EAST 5.00 LESS THE FOLLOWING DESCRIBED PARCEL: COMMENCE AT THE POINT OF INTERSECTION OF THE NORTHERLY PROLONGATION OF THE WEST LINE OF SAID TRACT A AND THE WESTERLY PROLONGATION OF THE NORTH LINE OF SAID TRACT A; THENCE S 3°07'34" E ALONC SAID NORTHERLY PROLONGATION FOR 25.42 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE S 3'07'34" E ALONG THE WEST LINE OF SAID TRACT A FOR 196.91 FEET. THENCE N 87°45'24" E FOR 5.00 FEET: THENCE S 3°07'34" W FOR 30.65 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHEASTERLY FOR 38.88 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89'07'02" TO A POINT OF CUSP; THENCE N38°17'51" W FOR 30.58 FEET: THENCE N 3'07'34" W FOR 249.00 FEET TO A POINT OF CUSP WITH A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHERLY FOR 25.60 FEET THROUGH A CENTRAL ANGLE OF 58°40'04" TO THE POINT OF BEGINNING. Bird Ventures, LLC Hector Mata & Nancy Mata Alfonso Ramos & Aida Ramos Joanli Family Limited Partnership Jorge Guerra & Rosa Guerra Rolando Iglesias & Hilda Iglesias Thirteen Birds, LLC EXHIBIT "B" 100 % 12.5 % 12.5 % 25 % 12.5 % 12.5 % 25 % Thirteen Birds, LLC 100 % Eduardo J. Garcia , Jr. & Avadelys Garcia 31.661 % Rolando Delgado, Jr. & Julissa Casa Delgado 31.661 % Frank Torres & Jacqueline Torres 10.020 % Carlos Vallejo 12.5 % Juan T. O'Naghten & Mariana O'Naghten 4.170 % Hector Mata & Nancy Mata 2.496 % Joanly Family Limited Partnership 2.496 % Jorge Guerra & Rosa Guerra 2.496 % Rolando Iglesias & Hilda Iglesias 2.496 % THIS INSTRUMENT PREPARED BY: LAW OFFICES OF KRAVITZ & TALAMO, LLP. HAROLD P. KRAVITZ, ESQ. 7600 W. 20TH AVE. *213 HIALEAH, FL 33016 FOLIO NUMBER: 01-4120-001-0010 1 N1111111111111111111111111111111111111111 CFN 2004R1029999 OR Bk 22837 Pas 2314 - 2317; (4P s) RECORDED 11/19/2004 10:17:54 DEED DOC TAX 511,000.00 SURTAX 38r250.00 HARVEY RUVIN, CLERK OF COURT MIAMI-DADE COUNTY!, FLORIDA WARRANTY DEED THIS INDENTURE, made this day of NfilitYYIN 2004 between DEEL PROPERTIES, LLC., a Florida limited liability company, having a mailing address. of 3650 Bird Road, Miami, FL 33133, of the County of Miami -Dade , State of Florida, GRANTOR", and BIRD VENTURES, LLC, a Florida limited liability company, whose post office address is 2665 South Dayshore Drive, Suite 200, Miami, Florida 33133 of the County of Miami -Dade, State of Florida, GRANTEE, WITNESSETH: That said Grantor, for and in consideration of the sum of $10.00 to him in hand paid by the Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee his heirs and assigns forever the following described land, situated, lying and being in Miami -Dade County, Florida to wit SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A" Subject to zoning, restrictions, prohibitions and otherrequirements imposed by governmental authority; restrictions and matters appearing on the Plat or otherwise common to the subdivision; public utility easements of record; taxes for the year 2004 and subsequent years. And said grantor does hereby fully warrant the title of said land, and will defend the same against the lawful claims of all persons whomsoever. "Grantor" and "Grantee" are used for singular or plural, as context requires. IN W TNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and yea first •ove written. Sign in th Print x Print Name' nd delivered of: Grantor: DEELPROPERTIES, LLC, a Florida limited liabili mRany, Daniel J. O'Malley, M •,' ng Member y r2- (Acknowledgment on the following page.) Rnnk97R17/Pana7'114 i:FN#7OO41079999 Paae 1 of 4 STATE OF FLORIDA COUNTY OF jtarij byt The foregoing instrument was acknowledged before me DANIEL J. O'MALLEY, as Managing Member of DE company ,to me known to be the persons described My commission expires personally known to me ✓/ produced the following identifications: ft 'priVefs UbeAlsA. Note Print Name; day of Namur , 2004, by RTIES, LLC, a Florida limited liability executed the foregoing instrument. Alfredo Agues My COMMilltri Dot esaet Expires November 17 2008 F3nnk22.837/Pacie2315 CFN#20041029999 Paae 2 of 4 EXHIBIT "A" Lot 18, less the East 10.00 feet, Lot 21, and Lot 24, less the South 10.00 feet, all in Block 10 of Realty Securities Corporation Plat of Cocoanut Grove, according to the Plat thereof, as recorded in Plat Book 2 Page 85, of the Public Records of Miami -Dade County, Florida AND: Tract A, Rcplat of a Portion of Block 10, Realty Securities Corporations Plat of Cocoanut Grove, according to the Plat thereof, as recorded in Plat Book 45 Page 67, of the Public Records of Miami -Dade County, Florida less the East 5.00 feet, less the South 5.00 feet, less the external area formed by a 25 foot radius arc concave to the northwest and tangent to the West line of the East 5.00 feet of said Tract A and tangent to the North line of the South 5.00 feet of said Tract A, less the external area formed by a 25 foot radius arc concave to the Southwest tangent to the West line of the East 5.00 feet of said Tract A and tangent to the North line of said Tract A and less following described parcel: Commence at the Point of intersection of the Northerly Prolongation of the West line of said Tract A and the Westerly Prolongation of the North line of said Tract A, thence South 3 degrees 07' 34" E along said Northerly Prolongation for 25.42 feet to the Point of Beginning of the herein described Parcel; thence continue S 3 degrees 07'34" E along the West line of said Tract A for 196.91 feet; thence North 87 degrees 45'24" E for 5.00 feet; thence South 3 degrees 07'34" E for 30.65 feet to a point of curvature of a curve concave to the Northeast having a radius of 25.00 feet; thence Southeasterly for 38.88 feet along the arc of said curve through a central angle of 89 degrees Rnnk29R'V7/Pana2�1 6 CsFN100041029999 Paae 3 of 4 OR BK 22837 PG 2317 LAST PAGE 07'02" to a Point of Cusp; thence North 38 degrees 17'51" W for 31.58 feet; thence N 3 degrees 07' 34" W for 249.00 feet to a Point of Cusp with a curve concave to the Southeast having a radius of 25.00 feet; thence Southerly for 25.60 feet through a central angle of 58 degrees 40'04" to the Point of Beginning. Rnnkk77R'17IParw37n17 r.FN t9flf141l7Q999 Paae4of4