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HomeMy WebLinkAboutZB Application & Supporting DocsHEARING BOARDS 444 SW 2nd Avenue, 7th Floor * Miami, Florida 33130 Telephone 305-416-2030 * Fax 305-416-203' www.miamkjov.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 deadline to file the complete application with supporting documents is the first five working days (1-5) of each month from 8:00 am until 3:00 pm. The responses to this application must be typed and signed in black ink. Please note that pursuant to Section 1304.2.2 of the Miami Zoning Ordinance, no application shall be deemed to have been filed unless and until the applications shall have been completed. All pertinent and accurate information/documentation; i.e., the plans, reports, exhibits, shall be presented at the time of filing, in addition to the paid receipt. The applicant is responsible for the accuracy of the information contained in the application and all supporting materials. If you like, you could bring the materials to our office for staff review before the deadline to ensure the application is complete. Upon submittal, this application must be accompanied with a signed 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. 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. 01-06-06 1, Javier F. Avino on behalf of Miami Hotel Investments, Ltd, , 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: approx, 1050 NW 14 Street 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): Gil with SD-10 Overlay Statement as to why the present zoning designation is inappropriate. The SD-10 District has changed dramatically calling for mixed use developments to serve the medical community. In order to achieve these mixed uses we need a zoning change to SD-19. The SD-19 overlay would provide for additional FAR, which would allow for the design of an architecturally unique mixed -use project which not only enhances the neighborhood, but helps to advance several objectives of the Comprehensive Plan, including providing ground floor retail and appropriate exterior treatments. Otherwise the District will remain intact, thereby preserving and enhancing the integrity and look of the neighborhood. 5. Future zoning designation(s): Gil with SD-10 Overlay and SD-19 Overlay (3.2 FAR) Statement as to why the proposed zoning designation is appropriate. The proposed zoning is appropriate in light of the circumstances of this particular zoning district and location. The proposed FAR is in tune with the surrounding buildings and would not be out of scale or character with the surrounding neighborhood. 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? Approx. 1.82 acres 13. Is the property within the boundaries of a historic site, historic district or archeological zone? No Please contact the Planning Department on the 3rd Floor for information. 14. Is the property within the boundaries of an Environmental Preservation District? No Rev. 01-06-06 2 Pease contact the Planning Department on the 3rd Floor for information. 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 oid 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. 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, G-2, I, per square foot of net tot 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 $ .20 $ 750.00 $ .25 $ 900.00 $ .30 $ 1,000.00 $ 3.50 Address 1221 Bricikell Avenue Javier F. Avino Miami, Florida 33131 305-579-0703 Date E-mail Address avinoigtlaw.com STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this day of 20 �*rn., by Javier F. Avino 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 • id not) take an oath. (Stamp) S. .•�1PR PG6�4, MARISOL R. ar�j�s Notary Public - State of Florida �t fir Commission £xpinss Sep 17, 2010 Commission # DD 553120 Natinno'l Notary Assn. Rev. 01-06-06 3 AFFIDAVIT Before me, the undersigned, this day personally appeared Javier F. Avino , 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, 0 including or 0 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. Javier F. Avino Applicant Name nt Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 3 day of 20 , by Javier F. Avino who is a(n) individuallpartner/agentfcorporation of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath, (Stamp) Rev. 01-06-06 4 Signalti t� AE: 7 x, 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, 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) Miami Hotel Investments, Ltd. Subject Property Address(es) approx. 1050 NW 14 Street See attached Exhibit "A" Telephone Number E-mail Address See Exhibit "B" attached 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 None Javier F. Avino Owner or Attorney Name r or Attorney Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this -3 day of 20 (6' , by Javier F. Avino who individual/partner/agent/corporation of (n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Rev. 01-06-06 5 ignature MATOSi 6. (ON-., PUBLIC STAiEO} a Q?\: NO. 'Oat 8SE1 ION EXP. SEPT a(n) EXIT! 3UT `A' IS' I3WCZE OP' 'URIFE'".f TRACT Tr, "MST ADDITION TO PE GAL CENTER; ACCORDNG TO THE PLAT T1fFiEOF A$ RECORDED N PLAT BOOK 113 AT PAGE 69 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA. SECTION 36-69-41 • • • • • EXHIBIT `B' Miami Hotel Investments, Ltd. is owned by: Eileen Burstyn 24.75% Anita Burstyn 24.75% Ruth Najjar 24.75 Jordan Najjar 24.75% • • 3 <±)6• C�gC7a) . •-r .w«+ • 1rpurtment of 'tat+' I certify from the records of this office that MIAMI HOTEL INVESTMENTS, LTD. is a limited partnership organized under the laws of the State of Florida, filed on December 2, 1997. The document number of this limited partnership is A97000002599. I further certify that said limited partnership has paid all fees due this office through December 31, 2005, and its status is active. CR2E022 (01-06) Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capitol, this the Twenty-third day of June, 2006 _ .67661. to L Serrefaru of tttfE o•w For WM Cal Box ABOVE PAR COURIER Betizow.korn. Bra+m. Wolfe & L3plon, P.A. °Ek ! 7895fC4444 20E103 Biscayne stvd..N2W REG., Auentura. FL 33180 14/Ito'3 • r Prepared by and Return to: Gary L. Brown, Esq. Bedzaw, Korn, Brown, Wolfe & Lipton; P.A.. Suite 200 20803. Biscayne Blvd. Aventura, FL" 33180 97R556507 1997 DEC 08 12118 • DOCSTPDEE 21,300.00 SHRTX 15,975.00 HARVEY ROM, CLERK DADE COUNTYt FL• SPECIAL WARRANTY DEED THIS DEED, made effective as of the 4th day of December, 1997, between MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, a MAgarhusetts corporation whose address is c/o: Cornerstone Real Estate Advisers, Inc., 1050 Crown Pointe Pkwy., Suite 1780, Atlanta; GA 30338 ("Grantor") 'in favor of MAIM HOTEL, INVESTMENTS, LTD,, a Florida limited partnership, whose address is 1170 N.W. 1 lth Street, Miami, FL 33136 ("Grantee") (the terms "Grantor" and "Grantee" to include their respective heirs, successors and assigns where the context hereof requires or permits). WITNESS 'TFLT1AT: That Grantor, for itself its successors and assigns, for and in consideration of the sum of Ten and No/ 100 (S 10.00) Dollars and other good and'valuable consideration, in hand paid at and before the sealing and delivery of these presents, the receipt, adequacy and sufficiency of which are being hereby aelaiowledged by Grantor, has granted, bargained, sold, aliened, remised, released,. conveyed, and • confirmed, and by these presents does hereby grant, bargain, sell, alien, remise, release, sonvey, and confirm unto Grantee the following described real property, located in Dada County, Florida, to -wit: LANDS DESCRIBED IN ExypEAT "NP ATTACHED HERETO, MADE A PART HEREOF, AND INCORPORATED BY REFERENCE HEREIN (THE `PROPERTY"). • r �a ©c". 17895M4445 R£C . TOGETRER WITH, all the tenements, hereditaments, and appurtenances, with every privilege, right, tine, interest and estate, reversion, remainder, and easement thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. Grantor hereby covenants with Grantee that, subject to and except for those certain encumbrances and -other matters described in Exhibit "B" attached hereto, made a part hereof and incorporated by reference herein, the above -described Property is free from all encumbrances made by Grantor, and Grantor will warrant and defend the same against the lawful claims and demands of all - other persons or entities claiming by, through or under Grantor, but against none other. IN WITNESS WHEREOF, Grantor has signed, sealed and delivered'this Deed the day and year first written above. Print Name Witness -r-: Print Name . STATE OF GEORGIA COUNTY OF DEKALB GRANTQR: MASSACHUSEFT•f S MUTUAL UAL LIFE INSURANCE COMPANY a Massachusetts corporation Roger ervat Managing Director (CORPORATE The foregoing instrument was acknowledged before me this 2nd day of December; I9; by ROGER SERVAT, as Managing Director of MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY a Massachusetts corporation, on behalf of the corporation. He is personally known to SEAL) ta'l.lkdsti edayidoni.doc TARY PUBLIC Print Name: L 04+ r,- etcaimpio State of Georgia My Commission Expires: • Leon Champion. Notary Publics, Cobb county Carrassipf ir.virott on bept*rnheT 113,1099 • .. re. .'.'wa : ararc: 1 7695't4448 c: EXHIBIT „A„ sree:l tT ,y in th Nw 1a4 of the 5E iar°y g egsizo�g me 'e �o�xsnsp � ouch, �ge .43, �ast, ads County, particularly descr..bed a,s , follows at the Northeast corner of the NW 1/4 of the SE 1/4 of Seecction tion . 35 r Torrrzzsh�.p 53 South, Range 41 Bast, Dads County, Florida; S thence run South 88' 10'. 09" West along the North boundary of the SE 1/4 of 'said Section 35 a distance• of -248.00 feet to a point thence run South 01' 49' 51" East a distance of . 3S feet to the Northeast corner of Tract D, FIRST ADDITION TO MEDICAL CENTER. . according to the plat thereof recorded in Plat Hookk C13ttat Paieg69 • of the Public Records of Dada County. Flar'id4, to being. the paint 'of Beginning of the parcel. of land hereinafter be described; thence continuing on the last described 'course along along the Easterly boundary of said Tract D. a distance of 70.21 feet to a point of deflection; thence run.North' 88' • 10.' 09" East a distance of 2D_ 0 © feet to a point of deflection; -thence :wi South 01 ° 49' 51" East along the Easterly boundary of said Tract h a distance of 48.62 feet to the point of intersection with the' Northwesterly Limited Access'Right of Way boundary of State Road. No. 836 (East-West Expressway) as shown on IVrGBT 4r WAY MAP • recorded in Plat Book 81 at Page 83of the. Public Records of Dade County, rlorida f thence run South 56 ° 23' 19 n West along the last described Line a distance of 78.22 feet .to a paint of deflectio of thence. continuing along said Northwesterly Limited Access Rig htWay boundary run South 50" 34' -50" West a distance of 98.86 •feat to . a point of deflection; thence continuing along said Northwesterly Limited 'Access Right 'of way boundary run .South 60 32' 47" west a distance of 237.01 feet to they Southwest corner of said TTracs Tract Dr thence run North 01* 49' 51" west along the West boundary Of Tract , D a distance of 318.73 feet to the Northiaett corner � riof thence run North 86' 10' 09" East -along the Uorth boundaryof f a$ Tract D, being along .the Southerly. Right of way bo and r3' 14th Street a distance of 342.45 feet to the paint of Regina qr con"' taining 1.616 Acres, more .or less. knownAlso as Tract "D" of FIRST ADDITION TO MEDICALaccording to th:Platthereof,recorded-in at Book 113f Page 6,.of the Publi Records of Dade County, Florida. } Y 9 F'}]Ye6y l� .',i �•'. rr`-.2%ct1 ,14.. 4414, fib i �w w;r.- ?rrEC.• I T695� 4447_ A "B" EXCEPTIONS TO TITLE 1 Taxes and assessments for the year 1997 and subsequent years, not yet due and payable. 2. Restrictions and easements as contained in the following plats: a) Plat of Sunnybrook, as recorded in Plat Book 42, page 85, of the Public Records of Dade County, Florida. b) Plat of Medical Center Subdivision, as recorded in Plat Book 95, page 54, of the Public Records of Dade County, Florida. c) Plat of First Addition To Medical Center, as recorded in Plat Book 113, page 69, of the Public Records of Dade County, Florida. 3. Subject to Quit -Claim Deed from City of ivfiami to Miami -Dade Water and Sewer Authority, dated May 27, 1975, recorded May 28, 1975, in Official Records Book 9001, page 1430, of the Public Records of Dade County, Florida. 4, Covenant To Run With The Land, dated June 14, 1979, recorded November 2, 1979 in Official Records Book 10561, page 1035, of the Public Records of Dade County, Florida. 5. Easement granted to Florida Power and Light Company dated.November 24, 1980, recorded January 22, 1981, in Official Records Book 10993, page 600, of the Public Records of Dade County, Florida. 6. Rights of tenants occupying all or part of the insured land under unrecorded leases or rental agreements. • 7. Liens and assessments pursuant to Chapter 84-10 of the Metropolitan Dade County Code. CO Cad 0110:210 *MO HARM RUV111 cu'l% MOO •