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• • HEARING BOARDS 444 SW 2nd Avenue, 7th Floor • Miami, Florida 33130 Telephone 305-416-2030 • Fax 305--416-2035 PUBLIC HEARING APPLICATION TO AMEND THE (REVISED #05-006) 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 pink. 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. 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: © Planning Department X Other, please specify 5. The subject property is located at: 4350 NW 10 Street Folio number: 01-3132-012-0810 AND MORE PARTICULARLY DESCRIBED AS: See attached Exhibit "A" 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: Rev. 12-14-04 2 . FROM: Medium Density Multifamily Residential • • TO: High Density Multifamily Residential 7. What is the purpose of this application? Redevelop the property listed in order to allow for a High Density Multifamily Residential Project. 8. What is the acreage of the project/property site? approx. 1.38 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 fast year? 11. Have you made a companion application for a change of zoning? Yes 12. Have you filed a(n): Affidavit of ownership? ❑ Disclosure of ownership form? ❑ List of owners of property within 500 feet of the subject property? 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 (3rd Floor) at 305-416-1400 for information.} No 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 plan designation does not allow for the opportunity to provide a buffer between the existing adjacent Medium density Multifamily Residential parcels and the existing adjacent restricted commercial properties. 16. Please submit a statement justifying your request to the requested plan designation change. The requested plan designation will provide a buffer between the adjacent R-3 and restricted commercial properties. The requested plan designation will also allow for a development that will enhance the neighborhood and encourage redevelopment in an area in need. Rev. 12-14-04 3 17. 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. 18. Other (Specify and attach cover letter explaining why any document you ark_______ e 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 mailing per notice $ 300.00 $ 450.00 $ 550.00 $ 650.00 $ 1,200.00 $ 1,200.00 $ 3.50 Signature 1/ )K./ Address 1221 Brickell Avenue Name Lucia A. Dougherty Telephone 305-579-0603 Date Miami, Florida 33131 avkv 2as- STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this / day of 20 ice' 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. 69,1tht-L (Stamp) C;f rlCl L Nc TARRYS AL v[ARISOLR GONZAL EZ:, 'Y ARY PUBLIC STATF. OF FLORro. "O:MM. BSIi'ti NO. DD148882 `4I'' Signature Rev. 12-14-04 4 • 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 "-tLt._ 2Q: by Lucia A. Dougherty who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is. -personally- known, _to._ IL.or who has produced as identification and who did (did not) take an oath. (Stamp) Rev. 12.14-04 5 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) Five Properties, LLC Subject Property Address(es) 4350 NW 10 Street See Attached Exhibit "A" Telephone Number Victor F. Seijas, Jr. 99% Five Properties, Inc. 1% which is owned by Victor F. Seijas 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 STATE OF FLORIDA COUNTY OF MIAMI-DADE Owner or Aftornoy fd? Owner Signature 7 The foregoing instrument was acknowledged before me this t day of 201 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. io (Stamp) J `� Signature 1.. 1-_ 0Ff iCia NOTARY SEAL MAR3soL R GONZAL.EZ NOTARY PUBLIC. STATE OF FLORIDA CuM E 5slo;.I NO. DD148882 MY COMINh I` sIO EXP. SErF 17,2406 Rev. 12-14-04 6 • Exhibit "A" LEGAL DESCRIPTION: O f 5 TI I L' 2 5LOCr o . OF " FAF,C; R5 ChE5TER TERRACE " ACCORDING TO ThE PLAT ThEREOF :' COFD IN PLAT 5OOr. 1 3 AT FAGE 79 Off THE PUELIC RECORDS OF MIAMI DADE COUNTY, FLORI :JQNITAIi\HNG GO. 2445.05 50 FT +/- = I .3 ACRES --i- • This ltlstrumeni Prepared by and after recording return to: Robert Chang, Esq. Shuts & Bowen LLP 1600 Miami Center 201 S. Biscayne Blvd. Miami Florida 33131 R E c 19525 PG 8 4 0 1R098050 2001 t1AR 01 15:57 DDCSTPDEE l6►036.00 OURTX 27027.00 HARVEY RUV1N► CLERK DADE COUNTY, FL (For Recorder's Use On y) SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED, dated as of February 23, 2001, between ARAMA LIMITED, a Florida limited partnership, with an address at 2307 S. Douglas Road, Suite 401, Miami, FL 33145 ("Grantor') and FIVE PROPERTIES LLC, a Florida limited liability company, with an address at 136990 S.W. 142°' Terrace, Miami, FL 331E6 ("Grantee"). Grantor, for and in consideration of the sum of $ 10.00 and other good and valuable consideration paid by Grantee, receipt of which is acknowledged, grants, bargains, sells and conveys to Grantee the land situate, lying and being in Miami -Dade County, Florida, more particularly described on Exhl It "A" („Property"). The Property Appraiser's Parcel Identification (Folio) Numbers for the Property is as follows: 04-2130-000.0012, 04-2025-001-0241 and 01-3132-012- 0810. TOGETHER WITH all casements, tenements and hcreditaments appurtenant or belonging to the Property. TO HAVE AND TO HOLD, the same in fee simple forever. SUBJECT TO: the matters listed on Exhibit "B" attached hereto and incorporated herein by this reference (the "Permitted Exceptions"); provided, however, that the reference to the Permitted Exceptions shall not be deemed to reimpose same. Grantor does hereby covenant with Grantee that, except as to the Permitted Exceptions, at the time of delivery of this deed, the Property was free from all encumbrances made by Grantor and MIADOC9 ]99E)U.1 h1DL (parrots A, a and C of Contract) F.19525PG. 895 Grantor has executed this Deed as ofthc date indicated bciow. Signed, scaled and delivered in the presence of: Signature: Print Name: (As to A. Martine Signature: Print Name: (As to A. Martinez & R. Borr) Signature: Print Name: (As to Mario Jimenez Signature: Print Name: C Ac y d R-(t.- ARAMA LIMITED, Florida limited partncrshi By: By: Ray Barr, Genera! Partner AriGeneral Partner Mine Jirr nez, General Partncr (As to Mario Jimenez) STATE OF FLORIDA • ) )SS: COUNTY OF MIAM1-DADE The foregoing instrument was acknowledged before me this 2,3 day of February, 2001, by Aristides Martinez, as General Partner of ARAMA LIMITED, a Florida limited partnership, on behalf of the partnership. He is personally known tome or produced 1 l cfcn c as identification, and did/did not take an oath. My Commission Expires: MIADOCa 3991)0.1 HDL nNirCills A. 0 and C of Contrrctl Notary Public State of Florida Print Name: Serial No., ifany: N. Eimer CPalsy 2 - N.." a acmo„ le. 2002 19525 PG: 896 STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 23 day of Fcbruary, 2001, by Ray Borr, as General Partner ofARAMA LIMITED, a Florida limited partnership, on behalf of the partnership. He is personally known to me or produced �. - r ickost, as identification, and did/did not take an oath, l' My Commission Expires: STATE OF FLORIDA COUNTY OF MIAMI-DADE ) SS: ) Notary Public State of Florida Print Name: Serial No., ifany: Et1Mr C Po 1s * *My Commission CC772098 1,1 „„/ Exp +, octaohr i 8, 2007 The foregoing instrument was acknowledged before me this 09 day of February, 2001, by Mario Jimenez, as General Partner of ARAMA LIMITED, a Florida limited partnc hip, on behalf of the partnership. He is personally known to me or produced A)&.6z.tr 'Th as identification, and did/did not take an oath. My Commission Expires: c7-6O_3 MIAOW! 199830.1 901. irareala A, 9 and C at Contralctt • -3- Notary Public St to of Florida Print Name: HOhlrR E t`?QQ,, ��hP Serial No., i f any: e 679)6, UJ.. Aurora Elena Cabrera Commission 0 o0196003 Espfres Deo. 16,1003 aoadad Tn Atlantic Bonding Oa., Loc. REF 19525n. 897 EXHIBIT "A_" Parcel Al A portion of the West'/2 of the West %2 of Section 30, Township 52 South, Range 41 East, Miami - Dade County, Florida being more particularly described as follows: Commence at the Southwest comer of said Section 30; thence run North 03 degrees 44 minutes 17 seconds West, along the West line of said Section 30 for 1132.00 feet; thence run North 87 degrees 02 minutes 55 seconds East along a line parallel with and 1 131.89 feet North of, as measured at right angles to, the South line of said Section 30 for 453.33 feet to the Point of Beginning of the parcel of land hereinafter described; thence run North 87 degrees 02 minutes 55 seconds East, continuing along the last described course for 454.09 feet; thence run South 03 degrees 30 minutes 09 seconds East 291.85 feet; thence run South 87 degrees 02 minutes 55 seconds West, along a line parallel with 840.05 feet North of, as measured at right angles to, the aforesaid South line of Section 30 for 210.90 feet; thence run North 34 degrees 45 minutes 36 seconds Wcst for 187.99 feet to a Point of Curvature; thence run Northwesterly along a circular curve to the left having a radius of 353.31 feet and a central angle of 32 degrees 28 minutes 13 seconds for an arc distance of 200:22 feet to the Point of Beginning,'lying and being in the City of Hialeah, Florida. LESS AND EXCEPT portions thereof conveyed to the City of Hialeah by Right of -Way Deed recorded in Official Records Book 6482, at Page 665, of the Public Records of Miami -Dade County, Florida, and portions thereof conveyed to Miami -Dade County by Right of Way Deed recorded in Official Records Book 13214, at Page 2778, of the Public Records of Miami -Dade County, Florida. Parcel B: The West 128 feet of the East 793 feet of Tract 25, less the North 25 feet and the South 35 feet thereof, FLORIDA FRUIT LAND COMPANY SUBDIVISION, and Wcst 128 feet of the East 665 feet of Tract 25,.less the North 25 feet and less the South 35 feet thereof, of FLORIDA FRUIT LAND COMPANY SUBDNIS ION, ofthe Northwest 1/4 ofScction 25, Township 52 South, Range 40 East, according to the Plat thereof, as recorded in Plat Book 2, Page 17, of the Public'Records of Miami -Dade County, Florida. parcel C: Lots 1 through 12, in Block 8, of PARKER'S CHESTER TERRACE, according to the Plat thereof, as recorded in Plat Book 18, Page 79, of the Public Records of Miami -Dade County, Florida. MIAAQC9 7t1470.1 mu. 1Farcelt A. 11 and C a[ Contraetl