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TEW • CARDENAS LLP
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MEAMi • TALLAHASSEE • WASH[NGTON DC
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sdetewlaw.com and pmbir,tewlaw.com
April 7, 2005
FOUR SEASONS TOWER
15rH FLOOR
1441 BRICKELLAVENUE
MIAMI. FLORIDA 33131 -3407
T 305.536.1112
F 305.536.1116
WWW.TEWLAW.COM
VIA HAND DELIVERY
Mrs. Teresita Fernandez
Chief, Hearing Boards Section
Department of Planning & Zoning
444 S.W. 2" Avenue, 7th Floor
Miami, Florida 33130
Re: Letters of Intent for Rincon Argentina, Inc., 3690 S.W 23 Terrace: Comprehensive
Land Use Amendment and Rezoning Applications; Our File No.: 44557.002
Dear Mrs. Fernandez:
On behalf of Rincon Argentina, Inc., this firm submits applications for a Comprehensive Land
Use Amendment and Rezoning (the "Applications") for the property located at 3690 SW 23 Terrace,
folio number 01-4116-009-3150. The property is currently designated as Duplex Residential and is
zoned R-2. The purpose of the Applications is to change the designation of the property to Restricted
Commercial and to rezone the property to C-1, categories which are more compatible with the present
zoning and land use designations of the properties surrounding 3690 SW 23 Terrace. The change would
permit use of the property as a parking lot for El Rincon Argentine Restaurant, located at 2345 SW 37
Avenue, around the corner from the property, and would allow for the expansion of current operations at
the restaurant, which presently cannot even expand the foyer without falling under the number of
required parking spaces for operation of the restaurant.
Comprehensive Plan Amendment
The following addresses the requests for information in the Comprehensive Plan Amendment
Application:
15. Please submit a statement indicating why you think the existing plan designation is inappropriate:
The existing land use category is inappropriate because the property, currently designated as Residential,
is surrounded by Restricted Commercial property to the North and to the West. Therefore, re -designating
it as Restricted Commercial would be consistent with the other surrounding designations in the
neighborhood.
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Mrs. Teresita Fernandez
April 7, 2005
Page 2
16. Please submit a statement justifying your request to the requested plan designation change: The
property is bordered to the North and West by Restricted Commercial property. Thus, changing the
designation to Restricted Commercial will create a consistency with those properties. Furthermore, the
owner's intended use of the property, a parking lot, will not intrude upon the surrounding properties
designated Residential. To the North and across the street from the property is an FP&L building and a
restaurant, which are both zoned Restricted Commercial. Also, to the West of the property is a thirteen
story condominium, also zoned Restricted Commercial. Behind the property and to the South is a
building designated for office use. Thus, the creation of a parking lot will not be as disruptive to any
surrounding residential property as the already existing Restricted Commercial uses. Furtheimnore, the
surrounding properties that are designated Residential include three dilapidated duplexes designated as
Two -Family Residences and an office building, designated as a Two -Family Residence --two uses which
would not be adversely affected by the creation of a parking lot. The modification of the property to
Restricted Commercial would continue the logical progression from Restricted Commercial properties to
Residential properties along SW 23 Terrace.
Rezoning
The following addresses the requests for information in the Re -zoning Application:
10. Statement why the existing zoning designation is inappropriate: The existing zoning category is
inappropriate because surrounding properties are zoned C- l .
11. Statement as to why proposed zoning designation is appropriate: The property is bordered to the
North and West by C-1; therefore, the appropriate zoning category is C-1, because it does not disrupt the
progression of Restricted Commercial properties to Residential properties along SE 23 Terrace. In
addition, the proposed use of the property, a parking lot, will not intrude upon neighboring property.
15. What is the purpose of this application/nature of proposed use: The purpose of the application is
to permit the property to be used as a parking lot for El Rincon Argentino Restaurant, located at 2345
SW 37 Avenue. The use of the property as parking for El Rincon Argentino would allow for the
possible expansion of the restaurant.
Because the applications meet all of the criteria for comprehensive plan amendment and rezoning
we request the applications be approved.
TEw CARDENAS LLP
Four Seasons Tower, 15th Floor, 1441 Brickeli Avenue, Miami, Florida 33131-3407 • 305-536-1112
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Mrs. Teresita Fernandez
April 7, 2005
Page 3
Please contact us if you have any questions regarding these applications.
Sincerely,
es
tiago D. Echemendia
Patricia M. Baloyra
PFDesktopl::ODMA/MHODMA MIA.Ml;423989,1
TEW CARDENAS LLP
Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131.340? • 305-536-1112
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HEARING BOARDS
444 SW 2n Avenue, 7th Floor • Miami, Florida 33130
Telephone 305-416-2030 • Fax 305-416-2035
www.ci.miami.fl.us
PUBLIC HEARING APPLICATION TO AMEND THE
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 OR CITI( GONDUTING LOBBYING ERKCPRIOR TO ENGAGING IN LOBBYING
TIES ACTIVITIESREGISTER AS A LOBBYIST WITH THE
ACTNITIES BEFORE CITY STAFF,BOARDS,
IS AVAILABLE IN THE OFFICE OF THE
COMMISSION. A COPY OF SAID ORDINANCE
• 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. RP ^ 7€v:u, . _
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
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
❑ Other, please specify
Property Owner
5. The subject property is located at: 3690 S.W. 23 Terrace
Folio number: 01-4116-009-3150
AND MORE PARTICULARLY DESCRIBED AS:
16 54 41 PB 4-73 Amnd. Plat of Miami Suburban Acres Lots 44 & 45
Less N 10 Ft. for Street Block 7
Rev. 02-22-05 2
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:
FROM: Duplex Residential
TO: Restricted Commercial
7. What is the purpose of this application? To permit use as a parking lot for
nearby restaurant.
8. What is the acreage of the project/property site?
Approximately 14,000 square feet = 0.32 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? Yes
If yes, has the property been granted a change in plan designation within the last year? No
11. Have you made a companion application for a change of zoning? Yes
12. Have you filed a(n):
▪ Affidavit of ownership? Yes
Disclosure of ownership form? Yes
■ List of owners of property within 500 feet of the subject property? Yes
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 (3`d 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?
00 for information.)aPreservation Officer at the
Planning Department (3rd Floor) at
No
15. Please submit a statement indicating why you think the existing plan designation is
inappropriate. Please see accompanying letter of intent .
16. Please submit a statement justifying your request to the requested plan designation
change. Please see accompanying letter of intent.
Rev. 02-22-05
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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 are 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
i,F
Signat1 or
Santiago D. Echemendia
Name Patricia M. Baloyra
Telephone 305-536-1112
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
$ 300.00
$ 450.00
$ 550.00
$ 650.00
$ 1,200.00
$ 1,200.00
$ 3.50
Tew Cardenas, LLP
Address Four Seasons Tower,
15th Floor
1441 Brickell Avenue
Miami, FL 33131
Date -, ear" 1
The foregoing instrument was acknowledged before me this 1 day of ' "'" L
2005, by Patricia M. Baloyra who is a(n)
individual/partnerlagent/corporation of Tew Cardenas LLP a(n)
individual/partnership/corporation. He/She is personally known to me or who has
produced as identification and who di did not) take an oath.
(Stamp) Signature
,�v,4f
��'`�YP��Wilda Montenegro
_
Commission#DD267008
Expires: Nov 13, 2007
Banded Thru
Rev. 02-22-05
4
AFFIDAVIT
Before me, the undersigned authority, this day personally appeared Patricia M.
Baloyra on behalf of Cinco M' s Corporation, 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, Xincluding
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.
Applicant Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this "7 day of`
20 05, by Patricia M. Baloyra who is
a(n) individual/partner/agent/corporation of Tew Cardenas LLP a(n)
individuallpartnershiplcorporation. He/She is personally known to me or who has
produced as identification and who did (dicl not) to 1 oath.
0`14%', Wilda Montenegro / 11
Commission #DD267008
Expires: Nov 13, 2007 Signature
(Stamp) aai Bonded "Dm
Atlantic Bonding Co,, Inc.
Rev. 02-22-05
4
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DISCLOSURE OF OWNERSHIP
1. Legal description and street address of subject real property:
Address: 3690 S.W. 23 Terrace
Legal Description: 16 54 41 PB 4-73 Amnd. Plat of Miami Suburban Acres Lots 44 & 45 Less N 10 feet for
Street Block 7
2. Owner(s) of subject real property and percentage of ownership. Note: The Code of the City of Miami 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, question #2 requires disclosure of
shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their
addresses and proportionate interest.
Cinco M's Corporation
819 Anastasia Avenue
Coral Gables, Florida 33134
305-298-4432
Deana De Marziani
Same Address
50% Member
Miguel De Marziani
Same Address
50% Member
3. Legal description and street address of any real property (a) owned by any party listed in answer to question #2,
and (b) located within 500 feet of the subject real property.
(a) Legal Description: 16 54 41 PB 4-73 and Pl. of Miami Suburban Acres Lots 18 & 19 Less R/W
Block 7 Douglas Road
Street Address: 2345 S.W. 37 Avenue
(b) See attached
r Attorney for Owner
Patricia M. Baloyra
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this ? day of Orril , 2005, by, Patricia
M. Baloyra, Esq., on behalf of Cinco M's Corporation. She is personally known to me and did ot take an oath.
(Stamp)
Atiartic [...
• @PFDesktopl;'ODMAIMHODMA/DMS NT;MIAM1,432865;1
Signature
•
Property Address
3690 S.W. 23 Terrace
Exhibit A
Legal Description
16 54 41 PB 4-73 Amnd. Plat of Miami Suburban Acres Lots 44 & 45 Less N 10 Ft. For
Street Block 7
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11111111111111111111111111111111111111111
This instrument prepared by:
SALA & GOMEZ, P.A.
260 Crandon Blvd., Suite #14
Key Biscayne, FL 33149
(305) 361-0105
Property I.D. No:
•
WARRANTY DEED
CF 004RO X791 iCs
€ R P : 22022 Pts 0567 — '574; (8p TO
RECORDED 02 04/ 004 1 T =2g; 45
DEED DOC TAX 2r205 .O
)4 WE't MINI. CLERIC OF CDURT
POIA In—DADE COM TT. ELURIDA
THIS INDENTURE, made this day of January 2004, between MARIO G. SUFFERN and MARIA
CRISTINA MARRODAN, whose post office address is 161 Crandon Blvd., #211, Key Biscayne, Florida
3314 gran, torand CINCO M'S CORP., a Florida cration, whose post office address is
f ( M S/a Avenue cei-6 ( ( i / ,grantee*,
WITNESSETH the said grantor, for and in consideration of the sum of TEN ($10.00) Dollars, and other good
and valuable consideration to said grantor in hand paid by said grantee, the receipt whereof is hereby
acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever,
the following described land. situate, lying and being in Miami -Dade County, Florida, to -wit:
Lots 44 and 45, Block 7, MIAMI SUBURBAN ACRES AMENDED, according to the Plat thereof as recorded in
Plat Book 4, Page 73, of the Public Records of Miami -Dade County, Florida
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Subject to:
1. Taxes for the year 2004 and subsequent years.
2. Zoning, restrictions, prohibitions, and other requirements imposed by
governmental authority.
3. Restrictions and matters appearing on the Plat or otherwise common to
the subdivision, without reimposing the same.
4. Public utility easements of record.
and said grantor does hereby fully warrant the title to said land, and will defend the sarne against the lawful
claims of all persons whomsoever,
*Granter and grantee are used for singular or plural, as context requires:
IN WITNESS WHEREOF, grantor has hereunto set grantors` hand and /slat `e day and year first above
/ 1'
written.
Signed, sealed and delivered in our
pres�
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P
STATE OF FLORIDA
• f
,.� �.z MAIQ G. SUF
u5giv
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this 3 day of Slegerriter, 2003, by MARIO G.
SUFFERN, who is personally known to me or who has produced,t.IC ([cal
as identification and
who did taken an oath and who executed the foregoing instrument and acknowledged before me that he
executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this ay of D�
2003,
My commission expires:
per'" MYc 1 S 4 C 9 5
v
E P RES 8,2005
•0•: BundsdltAt Nviwy F•uhN4 Ur hels
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- Notary'ublic, State of Florida
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