HomeMy WebLinkAboutApplication & Supporting DocsTEW - CARDENAS L
MIAMI " TALLAHASSEE • WASHINGTON DC
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April 7, 2005
FOUR SEASONS "IC)WER
15m FLOOR
1441 ;3RICK1 1".L.. AVENUE
M?AMI. FLC)Rtl)A 33131-3,107
"I 305.536.1112
I 305.536.1116
W\1. -V. rEWLAW_COM
VIA HAND DELIVERY
Mrs. Teresita Fernandez
Chief, Hearing Boards Section.
Department of Planning & Zoning
444 S.W. 2nd Avenue, 7'I Floor
Miami, Florida 33130
Re: Letters of Intent, for Rincon Argentina, Inc., 3690 SPY: 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 Argentina 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.
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. Furthermore, 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-1.
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 Argentine Restaurant, located at 2345
SW 37 Avenue. The use of the property as parking for El Rincon Argentina 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 season Tower. 15th Floor, 1441 Brickell Avenue, Miami_ Florida 33131-34O7 0 31)5--536-1112
Mrs. Teresita Fernandez
April 7, 2005
Page 3
Please contact us if you have any questions regarding these applications.
Sincerely,
ntiago D. Echemendia
Patricia M. Baloyra
;ir 1'FDesktopl::ODMA/MHODMA/MTAM1 4239s9;I
TES' CARDENAS LLP
Four Seasons Tower, 15ih Floor. 1441 8rickell Avenue, Miami, Florida 33131-3407 • 305-536-1 1 12
HEARING BOARDS
444 SW 2nd Avenue, 7th Floor • Miami, Florida 33130
Telephone 305-416-2030 • Fax 305-416-2035
www.ci.miami.fl.us
PUBLIC HEARING APPLICATION FOR
AMENDMENT TO THE ZONING ATLAS AND/OR OVERLAY DISTRICT
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 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. PPR 7 '115 pi, I
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
ant - �)�►
1, Santiago D. Echemendia and Patricia M. Baioyra of Tew
Cardenas, LLP on behalf of Cinco M's corporation , hereby
apply to the City Commission of the City of Miami for an amendment to the Zoning Atlas of the
City of Miami as more particularly described herein and in support of that request, furnish the
following information (see Article 22 of the Zoning Ordinance):
Address of property: 3690 S.W. 23 Terrace
2. Folio number: 01-4116-009-3150
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. At least two photographs that show the entire property (land and improvements).
5. 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.
6. A clear and legible copy of the subject property address and legal description on a
separate sheet of paper, labeled as "Exhibit A".
7. Affidavit and disclosure of ownership of subject property and disclosure of interest (see
pages 4 and 5).
8. Certified list of owners of real estate within a 500-foot radius from the outside boundary
of property (see pages 6 and 7).
9. Present zoning designation(s): R-2
Future zoning designation(s): c-1
10. Statement explaining why present zoning designation is inappropriate.
Please see accompanying letter of intent.
11. Statement as to why proposed zoning designation is appropriate.
Please see accompanying letter of intent.
12. 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 (3r` Floor) at 305-416-1400 for
information.} No.
Rev. 02-22-05 2
13. 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 (3rd Floor) at 305-416-1400 for information.} No .
14. What is the acreage of the project/property site? Approximately 14, 000 square
feet = 0.32 acres
15. What is the purpose of this application/nature of proposed use? Please see
the accompanying letter of intent.
16. 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.
17. Other (Specify and attach cover letters expl fining why any document you are attaching
is pertinent to this application).
18. Cost of processing according to the 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
a
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 mall notice fees,
including cost of handling and mailing per notice
$ .25
$ 900.00
$ .30
$ 1,000.00
$ 3.50
Tew Cardenas, LLP
Signature Address Four Seasons Tower,
15}- Floor
Name Santiago D. Echernendia 1441 Brickell Avenue
Patricia M. Baloyra Miami, Florida 33131
Telephone 305-536-1112 Date -1 12(
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of iiA
20 05, by Patricia M. Baloyra
who is a(n) individual/partner/agent/corporation of Tew Cardenas LLP
a(n) individual/partnership/corporation. He/She i ersonaf known to me or who has
produced as identification and who did id not) toe an oath.
Wilda Montenegro
Ccmtnissief iiDD26 OB
ti Expires: Nov20
�13, s07
(Stamp) =��., ey..�. �griature
Bonded hru
s sxAtlantis BorAing Co., Inc,
Rev. 02-22-05 3
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, 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.
t Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
20 05, by Patricia M. Baloyra who is
a(n) individual/partner/agent/corporation of Tew Cardenas LLB a(n)
individual/partnership/corporation. He/She is personally known to me or who has
produced as identification and who did (di not) to oath.
Wilda Montene
r
Ccn rNs ion 4DD26:
xp es: Nov I3, 2007
Bonded r� � Signature
(Stamp)
.
Atlantic ionding C��a., Jnc.
Rev. 02-22-05
4
DISCLOSURE OF OWNERSHIP
1. Legal description and street address of subject real property:
Address:
Legal Description:
3690 S.W. 23 Terrace
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
Ileana 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:
Street Address:
(b) See attached
r Attorney for Owner
Patricia M. Baloyra
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
16 54 41 PB 4-73 and Pl. of Miami Suburban Acres Lots 18 & 19 Less R/W
Block 7 Douglas Road
2345 S.W. 37 Avenue
The foregoing instrument was acknowledged before me this ) day of s' , 2005, by, Patricia
M. Baloyra, Esq., on behalf of Cinco M's Corporation. She is personally known to me and did of take an oath.
(Stamp)
@PFDcsktopl::ODMAIMIIODMAIDMS NT;MIAMI;432865;1
Signature
Exhibit A
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 Ft. For
Street Block 7
1111111111111111111111111111
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
Cri4 2004-F .. O '9'1 10
OR gk 22022 Pgs 0567 574; (8Pss)
RECORDED 02 0412 04 I1:2 :45
DEED DOC- TAX 2r20B.D0
NARV£`t RuVIHr CLERK OF COURT
MIFF #I--DA€ E COMM F .3R10A
THIS INDENTURE, made this TO4 day of January 2004, between MARIO G. SUFFERN and MARIA
CRISTINA MARRODAN, whose post office address is 161 Crandon Blvd., n11, Key Biscayne, Florida
3314grantor*, and CINCC M'S CORP., a Florida co ration, whose post off address is
grantee",
WITNESSETH the said grantor, for and in consideration of the sum of TEN ($10,00) Dollars, and other good
and valuable consideration to saki grantor in hand paid by saki 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, Flute
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 Pat or otherwise common to
the subdivision, without reimposing the same.
4. Public utility easements of record.
and said grantor does hereby fully warrant the tits to 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 WiTNESS WHEREOF, grantor has hereunto set grantog hand and
written.
Signed, sealed and delivered in our
prey se:"� ..�
jjj;;e: .5 ' �. a 2 MA
STATE OF FLORIDA
COUNTY OF MIAMI-DADE )
O G. SUF
YA
The foregoing instrument was acknowledged before me this 3 day of peraerder, 2003, by MARIO G.
SUFFERN, who is personally known to me or who has produced —RAW ficinki as identification and
who did taken an oath and who executed the foregoing instrument and acknowledged before me that he
executed the same,
7
"e day and year first above
7,
i cial seal in the Countyand State last aforesaid this ay of Der'"
Vt1ITNESS my hand and off
2003,
My commission expires:
MY COMA M SS t)MM GC., 999 €
EXPIRES::zra a: 2005
Ewtawittt fy a> ;i UnderwiteA
Notary ublic, State of Florida
Print Name: > t zGbak ;174 i