HomeMy WebLinkAboutApplication & Supporting DocsHEARING BOARDS
444 SW 2 d 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. 08-08-05
I, Ben Fernandez, Esq. on behalf of Premier Management and Investments Company, Inc.,
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.
Address(es) and folio(s) of property: 3921 West Hagler Street
Folio 01-4105-011-1190
2. 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.
3. Present zoning designation(s): R-3 Multifamily Medium -Density Residential and
R-1 Single Family Residential.
Statement as to why the present zoning designation is inappropriate.
Mixed use development with an added commercial portion is ideal for this property, and the
present zoning does not allow a retail/commercial component.
4. Future zoning designation(s): C-1 Restricted Commercial
Statement as to why the proposed zoning designation is appropriate. There is a trend toward
commercial in the area. There is presently commercial properties in the vicinity of the property
and it fronts Radler Street, making it ideal for a mixed use development.
5. The property/location listed does not have any open code enforcement/lien violations.
6. At least two photographs that show the entire property (land and improvements).
7. 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. Enclosed.
8. A clear and legible copy of the subject property address and legal description on a separate
sheet of paper, labeled as "Exhibit A".
9. Affidavit and disclosure of ownership of the subject property (see pages 4 and 5). Attached as
Exhibit .
10. Certified list of owners of real estate within 500 feet of the subject property (see pages 6 and 7).
Attached as Exhibit
11. What is the acreage of the project/property site? 1.12 acres
12. 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
13. Is the property within the boundaries of an Environmental Preservation District? Please contact
the Planning Department on the 3`d Floor for information.
14. 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
15. All documents, reports, studies, exhibits (8 '/A 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.
16. 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, G/I, HP per square foot of net lot area $ .20
Minimum $ 750.00
$ .25
Minimum $ 900.00
$ .30
Minimum $ 1,000.00
C-1, C-2, I, per square foot of net lot area
CBD and all SD's, per square foot of net lot area
Public hearing and public meeting mail notice fees,
including cost of handling and mailing per notice
Signature
Name Ben Fernandez, E
Telephone 305-377-6235
$ 3.50
Address 200 South Biscayne Blvd. # 850
Miami, FL 33131
Date December , 2005
E-mail Address BFernandez@brzoninglaw.com
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this day of December, 2005, by Ben
Fernandez, Esq. who is an agent of Premier Mane ement a. d I stment Com.an Inc. a
corporation. He is personally known to me and who did no
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Rev. 08-08-05 3
AFFIDAVIT
Before me, the undersigned, this day personally appeared
r o, k Z_ , 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
Cl 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 Applicant Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this day of December, 2005, by Ben
Fernandez, Esq. who is an agent of Premier Managem nt and Investments Company, Inca
corporation. He is personally known to me and who did no datht`
(Stamp)
Rev. 08-08-05
Signature
DISCLOSURE OF OWNERSHIP
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) Premier Management and Investments Company, Inc.
(Carlos Gil 100%)
Subject Property Address(es) 3921 W. Flagler Street
Telephone Number (305) 374-5300
E-mail Address bfernandez(cr�brzoninglaw.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
N/A.
Ben Fernandez, Esq.
Owner or Attorney Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Legal Description
Owner or Attorne
Signature
The foregoing was acknowledged before me this day of December, 2005, by Ben
Fernandez, Esc[. who is an agent of Premier Management anT[ lnstments Company, Inc.a
corporation. He is personally known to me and who did not,-ae
(Stamp)
LLERENA
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57
2000
Orr ., . _ t,ksiwy A cr. ,
Signature
Rev, 08-Q8-05 5
LEGAL DESCRIPTION:
A Parcel of Land, the same being ail of Lots 7 and 8 and a portion of Lots 6 and 9, Block 10
CHURCHILL ESTATES. according to the Plat Book 44, at Page 64 of the Public Records of
Ivliauai-Dade County, Florida. more particularly described as follows: BEGINNING at a point on the
Southerly line of Block 10 of "CHURCHILL ESTATES" Plat Book 44, at Page 64 of the Public
Records of Miami -Dade County, Florida, 44.00 east of the Southeast corner of Lot 8, Block 10
aforesaid, CHURCHILL ESTATES; thence West along the Southerly line of aforesaid
Block 10, 89.46 feet to the P.C. of a circular curve to thc right having for its elements a central
angle of 88'55'31" a radius of 25.00 feet and a tangent of 24.54 feet; thence along the arc of
said curve to the right a distance of 38.80 feet to the P.T. of aforesaid curve; thence North
01"04'29" West along the westerly line of aforesaid Block 10, a distance of 149.99 feet to
the P.C. of a circular curve to the right, having for its elements a central angle of 91 °04'29'
a radius of 25.00 feet and a tangent of 25.47 feet; thence along the are of said curve to the right
a distance of 39,74 feet to thc P.T. of aforesaid curve; thence East along the Northerly line of
aforesaid Block 10, a distance of 92.28 feet; thence South perpendicular to the North line of
aforesaid Block 10, 199.965 feet to the PINT OF BEGINNING.
and
A Parcel of Land, the same being all of Lots 5 and 10 and a portion of Lois 4, 6, 9 and 11,
Block 10 of: CHURCHILL ESTATES, according to thc Plat Book 44, at Page 64 of the Public
Records of Dade County, Florida. more particularly described as follows: BEGINNING at a
point of the Southerly line of Block 10, aforesaid, CHURCHILL ESTATES; 26.00 feet West
of the Southwest corner of Lot 10, Block 10, aforesaid, CHURCHILL ESTATES; thence
North perpendicular to the South line of aforesaid Block 10, 199.965 feet to the northerly
line of aforesaid Block 10; thence East along the northerly line of aforesaid Block 10,
130.00 feet; thence South perpendicular to the North line of aforesaid Block 10, 199.965 feet
to the Southerly line of aforesaid Block 10; thence West along the Southerly line of aforesaid
Block 10, 130.00 feet to the POINT OF BEGINNING.
also Known as the West 34 feet of Lots 4 & IL and Lot 5 and 10 Lnclusive, Block 10
CHURCHILL ESTATES according to thc Plat Thereof as Recorded in Plat Book 44 at
Page 64 of the Public Records of Miami -Dade County, Florida.
State of Florida
Department of State
I certify from the records of this office that PREMIER.
MANAGEMENT AND INVESTMENTS COMPANY, INC. is a
corporation organized under the laws of the State of Florida, filed on
July 12, 1999.
The document number of this corporation is P99000061648.
I further certify that said corporation has paid all fees due this office
through .December 31, 2005, that its most recent annual report was filed
on January 24, 2005, and its status is active.
I further certify that said corporation has not filed Articles of
Dissolution.
Given under my hand and the Great Seal of
Florida, at Tallahassee, the Capital, this the .Fifth
day of December, 2005
Secretary of State
Authentication ID: 900061912919-120505-P99004061648
To authenticate this certificate.visit the following site, enter this
ID, and then follow the instructions displayed.
www.sunbiz.org/auth.html
REc19763PE.1480
This lnstrurnenl prepared by or under the supervision of
(and after recording should be returned to):
Angelica M. TruOtto, Esquire
Greenberg Trawl°, P.A.
1221 6rldcell Avenue
Miami, Florida 33131
Parcel 1. D. No. 01.4105•011-1190
0 iI 3557 16 milli JUL 06 1.4;55
011C51PDEE 61390.W Sl1RTx 4r792.51)
HARVEY kLIVINr CLERK DAIDE COUNTY, FL
(Space Reserved for Clerk of Courij
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED is inade and entered into as of the day of July,
2001, by GUMENICK FAM(I-Y INVESTMENTS NO. 4, 1_TD., a Florida limited partnership
("Grantor"), whose mailing address is 900 Wcst Avenue, Miami Beach, Florida, 33139, to PREMIER
MANAGEMENT AND INVGSTM�NTS t ,t�j�1� NY, INC., a Florida corporation ("Grantee"), whose
employer identification number is 5- C1` `Jd °and whose mailing address is 409 East San Marino
Drive, Miami Beach, Florida, 33139. Wherever used herein, the terms "Grantor" and "Grantee" shall
include ntl of the parties to this instrument and their successors and assigns.
WITNESS ETD:
GRANTOR, for and in consideration of Ten and No/100 Dollars (S10.00) and other good and
valuable consideration paid by Grantee to a Qualified Intermediary as part of a § 1031 deferred exchange,
the receipt and sufficiency of which is hereby acknowledged, has granted, bargained and said, and by
these presents does grant, bargain and sell, to Grantee, and Grantee's successors and assigns forever, all of
Grantor's right, title and interest in and to the following property located in Miami -Dade County, Florida
(the "Property"), to -wit:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE. A PART 1113REOF
THIS CONVEYANCE is subjeet to: (a) taxes and assessments for the year 2001 and subsequent
years; (b) all laws, ordinances, regulations, restrictions, prohibitions and other requirements imposed by
governmental authority, including, but not limited to, all applicable building, zoning, land use and
environmental ordinances and regulations; (c) easements, conditions, restrictions, matters, limitations and
reservations of record, tinny, but this reference shall net operate to reimpose same; (d) rights of parties in
possession as tenants only under unrecorded leases; and (e) matters which would he reflected on an
accurate survey of the Property.
TO IIAVE AND TO HOLD unto Grantee and Grantee's successors and assigns in fee simple
forever,
Grantor hereby specially warrants the title to the Property subject to the foregoing matters aid
will defend the same against the lawfid claims of all persons claiming by, through or under Grantor and
no others.
\T[uji11aA11119444v5116/30/61
,e)
(FG 19763 PO 1481
IN WITNESS WHEREOF, Grantor has executed this Deed as of the day and year first above
written.
Witnessed by:
GUMENICK FAMILY INVESTMENTS NO. 4,
LTD., a Florida limited partnership
13y: Gumenick Investments No, 4, Inc.,
a Florida corporation, its general partner
By: .,,.,.� 1Jit���it�tl�
Name:rome Gumenick
Title: President
[CORPORATE SEAL]
STATE OF f', )
// ) ss:
COUNTY OF' ----
The foregoing instrument was acknowledged before me this ,d'day of t/—.-1- • 2001, by
Jerome Gumenick, as President of Gumenick Investments No, 4, Inc., a Florida corporation, the general
partner of Gumenick Family Investments No, 4, Ltd., a Florida limited partnership, an behalf of the
corporation and the limited partnership. Ile is_ personally known to me or produced
as identification.
Name: g fir% rt../
Notary Putty',State of 141 •
Commission No.
[Notarial Seal]
•
Trujlil Ok\1]1911:v01\6/20/01
•
• -.:3 tot 1.
°n.19763 FIG. 1482
F.XHIBIT "A"
LEGAL DESCRIPTION
A parcel of land, the same being all of Lots 7 and 8 and a portion of Lots Cr and 9, Block
.10, CHURCHILL ESTATES, according to Plat Book 44, at Page 64 of the Public Records of
Dade County, Florida, more particularly described as follows: Beginning at a point on the
southerly line of 131ock 10, CHURCHILL ESTATES, Plat Book 44, at Page 64 of the Public
Records of Dade County, Florida, 44,00 feet East of the Southeast corner of Lot 8, Block 10,
aforesaid, CHURCHILL ESTATES; thence West along the southerly line of aforesaid Block I0,
89,46 feet to the P.C. art circular curve to the right, ]raving for its elements a central angle of
88°55'31", a radius of 25.0 feet and n tangent oC24,54 feet; thence along the arc of said curve to
the right a distance of 38,80 feet to the P.T. of aforesaid curve; thence North 1°04'29" West
along the westerly line of aforesaid Block 10, a distance of 149.99 feet to the P.C. of a circular
curve to the right, having for its elements a central angle of 91 °04'29", a radius of 25,0 feet and a
tangent of 25.47 feet; thence along the arc of said curve to the right, a distance of 39.74 feet to
the P.T. of aforesaid curve; thence East along the northerly tine of aforesaid Block 10, a distance
of 92,28 feet; thence South perpendicular to the North line of aforesaid Block 10, 199,965 feet to
the point of beginning; and
A parcel of land, the same being all of Lots 5 and 10 and a portion of Lots 4, 6, 9 and 11,
Block 10, CHURCHILL ESTATES, according to Plat Book 44, at Page 64 attic Public Records
of Dade County, Florida, more particularly described as follows: Beginning at a point on the
southerly line of Block 10, aforesaid, CHURCHILL ESTATES, 26,00 feet West of the
Southwest comer of Lot 10, Block 10, aforesaid, CHURCHILL ESTATES; thence North
perpendicular to the South line of aforesaid Block 10, 199,965 feet to the northerly line of
aforesaid Block 10; thcace East along the northerly line of aforesaid Block 10, 130.00 feet;
thence South perpendicular to the North tine of aforesaid Block 10, 199.965 feet to the southerly
line of aforesaid Block 0; thence West along the southerly line of aforesaid Block 10, 130,00
feet to the point of beginning.
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