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HomeMy WebLinkAboutApplication & Supporting Docs• HEARING BOARDS 444 SW 2nd Avenue, 7t' Floor • Miami, Florida 33130 Telephone 305-416-2030 • Fax 305-416-2035 www.ci.miami.fl.us i/K O5-2o PUBLIC HEARING APPLICATION TO AMEND THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN Welcome to Hearing Boards! This application is for your reference and 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. The responses to this 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., a paid receipt must be 'submitted before the deadline. Upon submittal, this application must be accompanied with a signed and current Zoning Referral and the subject property must not have any open code enforcementflien violations. 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. • This complete application shall 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. 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 aid appraisal report shall contain a schedule for adoption of the recommended amendments within one year. (c) 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: 1200 NW 1 Avenue and 115 NW 12 Street . Folio number: 01-3136-009-1140 and 01-3136-009-1141 AND MORE PARTICULARLY DESCRIBED AS: See attached Exhibit "A" 9 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: Multi -Family Medium Density Residential TO: Restricted Commercial 7. What is the purpose of this application? To allow for a mixed use project which will create an active urban environment on along NW 151 Avenue. 8. What is the acreage of the projectlproperty site? Approx. .22 acres 9. Ras 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 (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 Residential Designation is inappropriate because it does not allow for the creation of an urban mixed use environment. The Commerical designation would better provide for the growth and redevelopment of this area in accordance with the Southeast-Overtown Park West redevelopment plan. 16. Please submit a statement justifying your request to the requested plan designation change. The commercial designation would provide higher intensity in order to allow a variety of retail, commercial and residential development of the area, in addition to creating a more attractive ambiance for this area. 17. All documents, reports, studies, exhibits (8 Y2 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 Signature Name Telephone $ 300.00 $ 450.00 $ 550.00 $ 650.00 $ 1,200.00 $ 1,200.00 $ 3.50 Address 1221 Brickell Avenue Lucia A. Dougherty Miami, Florida 33131 305-579-0603 Date STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of 20_, by Lucia A. Dougherty who is a(n) individuallpartner/agenticorporation of a(n) individual/partnership/corporation. He/She is personal) known to me o who has produced as identification and who did (did not) take an oath. (Stamp) OFFICIAL NOT MAR.ISOL R� NOTARY PUBLIC 5� W JDA CO M M I SS I O N NO. DD148882 MY COMMISSION EXP. SEPT 17,2006 I AFFIDAVIT Before me, the undersigned authority, this day personally appeared Lucia A. Dougherty , who being by me first deposes and says: 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 theft 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, 0 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 (305) 579-0603. 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 4TH day of AUGUST, 2005, 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) to e an oath. (Stamp) i Are A Signat eeoTARYPUBUCST•IO IOC COMMISSION I\ • MY C©Mlvt lc'r'^ r ' . Dr)74.' • • • AFFIDAVIT STATE OF FLORIDA )SS COUNTY OF MIAM1-DADS ) Before me, the undersigned authority, this day personally appeared Dam, who being by me first duly sworn, upon oath, deposes and says: 1. That he is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by the Zoning Ordinance of the City of Miami, Florida, affecting the real property located at 100 NW 12`h Street in the City of Miami, and more particularly described in the attached (the "Property"). 2. The owner agrees to obtain a demolition permit. to demolish the structure on the Property upon the successful rezoning of the Property. 3. The facts as represented in the application and documents submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. STATE OF FLORIDA COUNTY OF MIAMI-DADE nstrument was acknowledged me orfore me whohas this producedday of ho is personally kn- rn�and who did (did - The foregoing 2005, by Dan Kodsi, ,ff,Sy"p"u,,, Claiborne 'a.tIter •- tarnmfslon * IDD356.9 to rp 19 2Qfl8 a,�t?E5;• Atlantic Bandar€ Co, Loc. N- e: aierne_. 1 czNn Notary Public -state of Florida Commission No:i356'4'� My Commission Expires: • • • 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) Royal Palm Miami Downtown, LLC Subject Property Address(es) See attached Exhibit "A" Telephone Number (561) 347-6844 Daniel Kodsi 100% 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 Owner o 'Attor. - for Owner Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 4TH day who of AUGUST ,20is ( 5 by Lucia A. Dougherty individual/partner/agent/corporation of r who has a(n) individual/partnership/corporation. He/She is personal) knovylLtS2...lri�- produced as identification and who did (did not) take an oath. (Stamp) Signature OFFICIAL NOTARY SEAL MARISOL R GONZAI. r?. NOTA,RYPUBUC'1-i..O1;IDA CCU":- =C58E2 MY C .':; : `:•::_ E.;•:P, SEPT 17,2006 Exhibit "A" PARCELS WITHIN BLOCK 10, `ALICE BALDWIN ET AL SUBDIVISION" LEGAL DESCRIPTION: Lot 6 and 7, Block 10, of ALICE BALDWIN ET AL SUBDIVISION, according to the plat thereof, as recorded in Plat Book B, at Page 87, and Plat Book 6, Page 43, of the Public Records of Miami -Dade County, Florida. • • 1111111 I111111111111111111111111111111111 I111 Folio Nos. 0131360091141 and 0131360091140 This instrument was prepared by, and, after recording, please return to: Kurt A. kaolin, Esq. Royal Palm Communities 1499 West Palmetto Park Road, Suite 200 Boca Raton, FL 33486-3321 (561) 347-6844 CFN 2004R1137685 OR F4 22923 Fos 2273 - 2276; (090 RECORDED 12/20/2004 1.5:4922 DEED DOC TAX 2+254.20 SURTAX 1p690.43 HARVEY RUVIN+ CLERK OF COURT MIAMI-DADE C0UNTYr FLORIDA CORPORATE WARRANTY DEED (Made and delivered pursuant to Section 689,02, FLA. STAT. (2004)) THIS CORPORATE WARRANTY DEED (this "Deed"), dated this Fifteenth day of December, 2004, is made and delivered by DoR CfA, INC., a dissolved Florida corporation whose address is Post Office Box 6055, Surfside, Florida 33154-6055 ("Grantor"), to ROYAL PALM MIAMI DOWNTOWN, LLC, a Florida limited liability company whose address is 1499 West Palmetto Park Road, Suite 200, Boca Raton, Florida 33486-3321 ("Grantee"). WITNESSETH: That Grantor, for and in consideration €f the sum of One Hundred U.S. Dollars (S 100.00) and other good and valuable consideration, to Grantor in hand paid by Grantee, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained and sold to Grantee, and Grantee's successors and assigns forever, the land described in Exhibit A attached to this Deed and incorporated herein by this reference (the "Property"). And Grantor does hereby fully warrant the title to the Property, and will defend the same against the lawful claims of all persons whomsoever, except those claims arising from the title exceptions described in Exhibit B attached to this Deed and incorporated herein by this reference (the "Permitted Exceptions"). This Conveyance is appropriate to wind up Grantor's business and affairs and liquidate Grantor's assets pursuant to Sections 607.1405(1)(b) and 607.1421(3), FLA. STAT. (2004). Corporate Warranty Deed [Signatures begin on the following page of this Deed.] Page 1 Book22923/Page2273 CFN#20041137685 Page 1 of 4 [Signatures begin on this page of this Deed.] I[v WrTrrEss WHEREOF, Grantor has caused its duly authorized President to execute and deliver this Deed on the date written above. Wr'nwESSES: GRANTOR: Signed, sealed & delivered in).he-presence of: DoR Ct A, INC., a dissolved Florida corporation Signature: Printed name: Signature. Printed nam STATE OF TEXAS CO IN- OFC?�_ By: • Stephen, . Sonson, President [CORPORATE SEAL] The foregoing Deed was acknowledged before me this AS-t4day of December, 2004, by Stephen R. Sonson, acting as the last President and the sole Director and the sole Shareholder of Dor Cha, Inc., a dissolved Florida business corporation, on behalf of the corporation. This individual is personally known to me or presented a Nem:14a f driver's license as identification. Corporate Warranty Deed Signature: Wen Printed name: Wena Title: ( 6 4 y t Commission expires: 0 J Page 2 Book22923/Page2274 CFN#20041137685 Page 2 of 4 Exhibit A LEGAL DESCRIPTION OF PROPERTY ALL OF THOSE TRACTS OR PARCELS OF LAND located in the City of Miami, Miami -Dade County, Florida, more particularly described as follows: Lot 6 and Lot 7, Block 10, ALICE BALDWIN ET AL SUBDIVISION, according to the Plat thereof, as recorded in Plat Book B, Page 87, and Plat Book 6, Page 43, of the Public Records of Miaini-Dade County, Florida. Corporate Warranty Deed Page 3 Book22923/Page2275 CFN#20041137685 Page 3 of 4 OR eI'``. 22923 PG LAST PAGE '776 Exhibit B PERMITTED EXCEPTIONS TO TITLE I. Ad valorem real property taxes and assessments against the Property for the year 2005 and all subsequent years. 2. Those matters shown on that certain map or plat of ALICE BALDWIN ET AL SUBDIVISION, according to the Plat thereof, as recorded in Plat Book B, Page 87, and Plat Book 6, Page 43, of the Public Records of Miarni-Dade County, Florida. 3. Comprehensive land use plans, zoning, restrictions, prohibitions and other requirements imposed by governmental authority. 4. Outstanding oil, gas and mineral rights of record without right of entry. Corporate Warranty Deed Page 4 Book22923/Page2276 CFN#26641137686 Page 4 of 4