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ZONENC3. LANO USE AND ENVIRONMENTAL LAW
Direct: 305-377-6235
E-rnap: BFernadnezpbrzoningiew.com
VIA HAND DELIVERY
November 14, 2005
Ms. Teresita Fernandez
Executive Secretary
Planning & Zoning Department
.Hearing Boards Division
City of Miami Riverside Center
444 SW 211d Avenue, 7th Floor
Miami, FL 33130
RE: Requests for Special Exception and Rezoning with an SD-19 Overlay
Costa del Este - 2951 NW 36th Street
Dear Teresita:
This law firm represents Sherman Development Company, LLC with
respect to the property that is the subject of the referenced applications. This
letter shall. serve as the Applicant's initial letter of intent in support of the
enclosed applications for a Special Exception and rezoning to allow a
multifa.inily residential development on the Property with an SD-1.9 specific floor
area designation.
The Property is located at the intersection of NW 36t11 Street and NW 30tt1
Avenue in an area that, until recently, has not benefited from the recent surge in
redevelopment activity throughout the city. The area is primarily designated C-2
(Liberal Commercial), but has been developing with a combination of
multifamily development and retail development, This trend will ensure a good
mix of uses for this important corridor in the Allappattah area. The proposed
Costa del Este project is consistent with this trend and is compatible with the
recently approved Jai Alai Villas project located at 3650 NW 36th Street.
WAGHOV€A FINANCIAL CENTER • 200 SOUTH BISGAYNE BOULEVARD, SUITE 350 a M1AM[, FLORIDA 33131
PHONE. 305.374.5300 e FAX. 305.377.6222
Ms. Teresita Fernandez
November 14, 2005
Page 2
Costa del Este is comprised of 69 two -bedroom units, 16 one -bedroom
units, and approximately 70,426 square feet of ground floor retail along NW 36th
Street. The Applicant is requesting an SD-19 specific floor area overlay of 2.1 in
order to provide a significant amount of infill development on the Property. This
specific SD-19 designation is consistent with the designation approved for the Jai
Alai Villas project. In addition, as the Property is located on NW 36th Street, a
major transportation corridor, the Property is well suited to accommodate the
proposed floor area.
Costa del Este will provide market rate residential units that will be
primarily marketed to residents and employees from the nearby industrial areas
and the airport.
For all of the foregoing reasons, we respectfully request your favorable
review and recommendation. Please contact me should you have any questions
regarding the enclosed applications.
BF/ bl
enclosures
Ben Fernandez
BERCOW & RADELL
HEARING BOARDS
444 SW 2nd 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. O8-D8 85
I, Ben Fernandez, Esq. on behalf of Sherman Development Company, LLC, 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:
Obtain signature or initial and date by the Planning Department designee prior to submittal.
2. Address(es) and folio(s) of property: 2951 NW 36th Street, Miami, FL 01-3121-054-0020
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. Present zoning designation(s): C-2 Liberal Commercial
Statement as to why the present zoning designation is inappropriate.
Current zoning is appropriate.
5. Future zoning designation(s): C-2 with SD-19 (Designated FAR Overlay) of 2.1
Statement as to why the proposed zoning designation is appropriate.
Proposed overlay of SD-19 would be compatible with other area projects and would provide
significant housing opportunities.
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? Approximately 0.75 acres
13. Is the property within the boundaries of a historic site, historic district or archeological zone?
Please contact the Planning Department on the 3rd Floor for information. No.
Rev. 08-08-05 2
14. Is the property within the boundaries of an Environmental Preservation District? Please contact
the Planning Department on the 3rd Floor for information.
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
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
Signature
Name
Telephone
Address
Date
$ .20
$ 750.00
$ .25
$ 900.00
$ .30
$ 1,000.00
$ 3.50
ZCO l
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E-mail Address 6T--' su t;cr a =(C)
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
e F E
tO
The/foregoing was ac wj.edged before me this ( day ofO 4
20 i ,by v�- n?,
i= Q
who is a n) ndividual/pa Heir genticorporalion of s . { S1 11 a(n)
individual/partnership/corporation. He/She is personally known to o who has produced
as identification and who did (did not) take an .at
LIERENA
(Stamp)
' ' �'E C--`��MFA9^^r'}('i3ti 00 ti35997
vx,FIRESI Febr ury 27,
F:,y FL i`1qt, { & v7in&, =3`k., j 3
Rev. 08-08-0
Signatu
AFFIDAVIT
Before me, the undersigned, 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 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, I1 including or
❑ 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.
Ben Fernandez, Esq.
Applicant Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Applicant Signature
r
The foregoing was acknowledged before me this l day of November 2005, by Ben
Fernandez, Esq. who is a partner of Bercow & Radell, PA a partnership. He is personally
known to me and who did not take an oath.
(Stamp)
Rev. 08-08-05
Signare
a�09s997
:. 27, 2006
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, andfor any other
interested parties, together with their address(es) and proportionate interest are
required. Please supply additional lists, if applicable.
Owner's Name(es)
Sherman Development, LLC (12.50% Susana
Baguear, 12.50% Martin Pombo, 3.65% Berta
Sherman, 3.65% Thelma Pataro, 19.50%
Goldmine Enterprises — Profit Sharing Plan,
19.50% Brilliants International — Defined Benefits
Plan, 5.50% Rivka Eliani, 5.50% Fanny Haim)
Subject Property Address(es) 2951 SW 36th Street, Miami, FL
Telephone Number (305) 375-0720 x 210
E-mail Address expo44(cr7yahoo.com
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
375 NW 30th Avenue
Ben Fernandez, Esq.
Owner or Attorney Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Exhibit B
Si
gnature
or y
Atto e
The foregoing was acknowledged before me this ` day of ovember 2005, by Ben
Fernandez, Esq. who is a partner of Bercow & Radell, PA a parEners He is personally
known to me and who did riot talc
Rev. 08-08-05
Exhibit "A"
Legal Description
Tract B, NORANTONIO ACRES, according to the Plat thereof, as recorded in Plat Book
127, Page 57, of the Public Records of Miami -Dade County, Florida.
1111111111111111111I1I 11111111111111111111111
Retails to
Name:
Address:
04/oci6no6
This Instrument Prepared by. Theresa Veroline
UNIVERSAL LAND TITLE, INC.
13889 Wellington Trace, #A15
West Palm Beach, Florida 33414
as a necessary incident to the funiment of conditions
contained in a Ude iazsure.n .e comanitment issued by it_
PropertyAppraisers Parcel identification (Folio) Number(s):
0131210540020 / 3031210540010
Grantee(s) LD.#
FILE NO: 04099'700
WARRANTY DEED
This Warranty Deed Made this 31st day of March ,
2005,
by C.C.A.L. CORPORATION, A FLORIDA CORPORATION
a corporation existing under the laws of FLORIDA
2951 NI^l 36TH STREET MIAMI, FL 33142
hereinafter called the grantor, to SHERMAN DEVELOPMENT COMPANY, LLC
CFN 2005R0a94891<:
OR Ed< 23291 F9 3,359; (lag)
REGOFDED t)4/20/2005 12:05:49
DEED DOC: TAX 15r000.t_10
SURTAX. 11, 250. 00
HARVEY RUVINr CLERK OF COURT
MIAMI-DADE COUNTY, FLORIDA
LAST PAGE
, and having its place of business at
whose post office address is: 17 EAST FLAGLER STREET i 11 , MIAMI, FL 33131
hereinafter called the grantee,
WITNESSETHt That grantor, for and in eoasideration of the sum of $10.00 Dollars, and other valuable considerations, receipt
whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto grantee,
all that certain land situate in Miami -Dade County, Florida, viz:
Tracts A and B, NORANTONIO ACRES, according to the Plat
thereof, as recorded in Plat Book 127, Page 57, of the Public
Records of Miami -Dade County, Florida.
TOGETHER with all the tenements, hereditamcnts and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold, the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has
good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend
the saute against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing
subsequent to December 31, 2 0 04, reservations, restrictions and easement` of record, if any.
d herein the terns "Amy or" and "grantee" included alt the pastes is ,his instrument, and the heirs, legal represatUa fives and assigns of individnats, and the
successor., used
. .ssara and assigns of rnrpnrrstionj
ATTEST:
IN WITNESS WHEREOF, the grantor has caused these presents to be executed
in its name, and its corporate seal to be hereunto affixed, by its proper officers thereunm
duly authorized, the day and year Graf above written.
Secretary
eiivered in the presence of:
Witness Signet
w
Witness Printed Name
STATE of FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this 3 1 st day of March
ALBERTO LOPEZ, as PRESIDENT of C.C.A.L. CORPORATION, a FLORIDA
corporation, AND FRANCISCO ALONSO, VICE PRESIDENT
an behalf of the corporation. Helshe is personally known to me or has duce
as identification.
BY
BY
C.C.A.L. CORPORATION
, PRESIDENT
t
FRANCIS' 0 ALONSO, VICE PR
5 IDEN
My Casnmiesion. expires:.
=w Theresa Verokne
_!pi �r My Cammsssmn 00244924
ksprr Octot?e, to 20,17
e:
Notary Public
Serial Number
, 2005 by
Rnnk77791 iP2Oe3359 CFN#20050394898
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