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HomeMy WebLinkAboutCC Application & Supporting DocumentsHEARING BOARDS 444 SW 2nd Avenue, 7th Floor + Miami, Florida 33130 Telephone 305-416-2030 • Fax 305-416-2035 3qZ. 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 COMMISS}ON. 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. 1. Ricardo a Ruiz on behalf of Francisco and Teresa Pe and Guide o Pe Owners. hereby apply to the Miami City Commission for approval in accordance wit. 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. 2. Address(es) and folio(s) of property: 21-23 SW 52nd Ct 01-4106-013-1000` 31-33 SW 52'4 Ct 01-4106-013-0990; 20-22 SW 527'd Ave 01-4106-013-1010; 30-32 SW 52' Ave 01-4 i06- 013-0990. 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): R-3 Multifamily Statement as to why the present zoning designation is inappropriate. [See Attached) 5. Future zoning designation(s): C-1 Restricted Commercial Statement as to why the proposed zoning designation is appropriate. [See Attached] 6. The propertyilocation listed does not have any open code enforcement/lien violations. NO [See attached enforcement file search] 7. At least two photographs that show the entire property (land and improvements). [They are part of the exhibit package] 8. A dear 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. [Part of package submittal] 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? .630 of an acre 13. is the property within the boundaries of a historic site, historic district or archeological zone?NQ Please contact the Planning Department on the 3`d Floor for information. Change of Zoning Request : Permuy From: R-3 Multi -family to C-1 Restricted Commercial Property: 21/23 & 31/33 SW 52nd Court 20/22 & 30/32 SW 52nd Avenue Evaluation of Change Miami, Florida In review of Map 31 City of Miami Zoning Atlas, The R-3 zoned property is presently used as Duplex, a two story CBS structure with a two bedroom unit above and below are existing at each lot. This type of structure prevails within the R-3 zoned property. [See page 6 J. The owner feels that his property has been directly affect by the activity from the C-1 property to the west. This C-1 property to the west extends from Flagler Street south on 52nd Court to an established Public Alley [see page 3-5, 8]. As you can observe the alley provides access that diminishes the need to travel within the neighborhood if you are patron living out of area. But this does not buffer our property from commercial activity, cars and trucks frequent these business without extending into the main neighborhood but a common sight as they pass by the proposed lots requesting the change [see page 3, 6-7]. Directly across the street you have a Liquor Store as the last tenant of the shopping center to the east. Along the same block towards Flagler Street and adjacent to our property you have an Office Use with its parking along 52nd Court. [see page 3,6 & 7]. The public school on Flagler also generates activity in the morning and afternoon when those dropping off or picking up their kids park across along SW 52 Ct so they can walk their child to school. On the south side of West Flagler from SW 52nd Court to 57th Avenue is C-1 Restrict Commercial [see page 8]. This request for a zone change from R-3 Multi -Family to C-1 Restricted Commercial does not establish a precedent sense on SW 54th Ave a similar distributed frontage block is designated C-1. [see page 4, 5-8]. Change of Zoning Request : Permuy From; R-3 Multi -family to C-1 Restricted Commercial Property: 21/23 & 31/33 SW 52nd Court 20/22 & 30/32 SW 52" d Avenue Evaluation of Change Miami, Florida We feel that this request to C-1 Restricted Commercial can also supply the neighborhood added services in dose proximity to their neighborhood that can not be supplied by the shopping center that has no vacancy. This portion of the block would look at least no different from the properties to the west on 54th Avenue Zoned C-1, see page 5. For a change of zoning or land use to occur you need to have compatible adjacent zoning as one of its criteria, this property is bordered to the west by C-1 Restricted Commercial. The line separating the R-1 Single Family from the C-1 as well as the R-3, jogs to accommodate the activity along West Flagler. Side street that service these properties that are directly linked to West Flagler, are common way of access. The land use and zoning change would not be out of character but a continuation of what has already occurred in multiple areas along West Flagler where small businesses that do well within mixed use properties have flourished. The Public School activity to the north on West Flagler is as intense as the C-1 commercial shopping to the west with hundreds of children, parents, teachers and employees frequenting the school. Delivery vehicles and buses of all sorts form part of the daily routine the school. East of SW 52 Avenue there is a multi -story apartment building, the trend in the City of Miami is to have commercial and multi -family residential as a package to complement each other. Our commercial designation could also service to establish added uses in close proximity to its residential neighbors. Its our belief that by granting this request you give the owner the opportunity to develop the property in direct relation to its surroundings with a project in harmony with the C-1 Restricted Commercial use. 14. is the property within the boundaries of an Environmental Preservation District? NO Please contact the Planning Department on the 3' door for information, 15. 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 16, All documents, reports, studies, exhibits (8 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. 17. 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, Oil, HP per square foot of net lot area $ .20 Minimum $ 750.00 C-1, C-2, 1, per square foot of net lot area Minimum CBD and all SD's, per square foot of net lot area Minimum $ .25 $ 900.00 $ .30 $ 1,000.00 Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice $ 3.50 Signature Name Ricardo D. Ruiz Telephone 305 725-5310 E-mail Address STATE OF FLORIDA COUNTY OF MIAMI-DADE Address 3150 SW 15Th Street Miami, FI, 33145 Date February t`1'. 2006 rickdruizac ,earthiink.net The foregoing was acknowledged before me this m day of February 2= , by Ricardo D. Ruiz who is a(n) inthvidual°lpartnerlagent/corporation of a(n) individuaiipartnership/corporation. He/She is ersonall known to a or who has produced as identification and who did (did not) take an oath. (Stamp) 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 finan€c;al 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) Guillermo J. Fenno, (100% a, 31-33 SW 52 ct; 30-32 SW 52 Ave) Francisco J. & Teresa Perrnuy (50% & 50% 2 -23 SW 52 co Subject Property Address(es) See Above Telephone Number 305 725-5310 E-mail Address rickdruiz@earth€ink,net 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 NIA Guillermo Permuy Francisco Permuy Teresa Permuy Owner or Attorney Name STATE OF FLORIDA COUNTY OF MIAMI-DADE Owner or Attorney Signature The foregoing was acknowledged before me this 2006 , by Guillermo, Francisco & Teresa Perrnuy who is a(n) individual/partner/agent/corporation of a(n) individuallpartnershiplcorporation. He/She is personally known to me or who has produced as identification and who did (did not) tyke an oath. day of February (Stamp) Sig ature POWER OF A I I ORNEY FOR PUBLIC HEARING I The Undersigned, do by these presents hereby make, constitute and appoint Ricardo D. Ruiz of the County of Miami Dade and the State of Florida, true and lawful Attomey-in-Fact for me and in my name, place, stead, to sign on my behalf, and do all acts necessary, including speak at a public hearing in furtherance of an application for Public hearing with the City of Miarni for a hearing before the Planning and Zoning hearing boards as well as the City Commission. The Purpose of the hearing application is for a change of zoning from R-3 Multi -Family to C-1 Restricted Commercial for the following properties: Address Folio Address Folio 1. 21-23 SW 52nd Court 01-4106-013-1000 3. 20-22 SW 52nd Avenue 01-4106-013-1010 2. 31-33 SW 52nd Court 01-4106-013-0990 4., 30-32 SW 52nd Avenue 01-4106-013-0980 Granting and giving unto said Aftomey- n-Fact, full authority and power to do and perform any and all acts necessary or incident to the perforrnance and execution of the powers herein above expressly granted, with power to do and perform all acts authorized hereby, as fully to all intents and purposes as the grantor might or could do if personally present, with full power of substitution. Signed, witnessed, executed and acknowledged on this day of _February , 2006 Witnesses: Guilierrn J. '/ Francisco J. Permuy Teresa Permuy Print Name The foregoing instrument was acknowledged before me by Guillermo J Perrnuy, Francisco J Permuy and Teresa Peurtuy, who is personally known to me or has produced , as identification. Witness my signature and official seal this day of 2lTh 6 in the County and State aforesaid. Notary Pubic State of Florida 4, / : J/ Print Name AFFIDAVIT Before me, the undersigned, this day personally appeared Ricardo D. Ruiz who being by me first deposes and says: . That he/she is the owner_ or the legal 'e resentative 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 Ike/she represents, if any, have given his/her full and complete permission for hire/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. Ricardo D. Ruiz Applicant Name Applicant Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this day of February 2006 , by Ricardo D. Ruiz who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personal/ to me or who has produced as identification and who did (did no take an oath, (Stamp) *' ESSA CAS11LLO EXPIRES July 'II, 2007 >, a 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) Guiiierrrmo J. Perrmuv (100% (t431-33 SW 52 Ct : 30-32 SW 52 Ave) Francisco J. & Teresa Pe i uy (50% & 50% @ 21-23 SW 52 CO Subject Property Address(es) See Above Telephone Number E-mail Address 305 725-5310 rickdruiz c earthlink.net 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 N/A Guillermo Permuy Francisco Permuy Teresa Permuy Owner or Attorney Name STATE OF FLORIDA COUNTY OF MIAMI-DADE Owner or Attorr ey Signature The foregoing was acknowledged before me this day of February. 2006 by Guillermo, Francisco & Teresa Permuy who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to rrif or who has produced as identification and who -did id not) take an th, Signature Oft. Prepared bye REC. TBROME A. BAUMAIN, E®QUIR8 JERoME 1. BAUMAN, P.A. 7820 Peters Road, SUITE E-103 Plantation, 1'L 33324 Property X.D. No. 01-41060131600 WARRANTY DEED THIS INDENTURE, made this 2,3RD3 day of 11PRIL , 1998, RENE GOMEZ AND D1BAI8 GOME7, B78 WIFE, 96R 180087 1996 APR 26 15:52 DDCSTPDEE 720.00 SURTX 0.00 HARVEY RUVIH: CLERK DADE COUNTY; FL BETWEEN GRANTOR whose address is: 11369 NW 45 STREET, CORAL SPRINGS, FL 83985 AND FRANCE/ CO J. PKIULIN AND TERESA PliRUUY, HIS WIFE, GRANTEE whose address is 8259 NW 7 AVENUE, MIAMI, FL 8812E W11103SSSFH: That ss1d Grantor, for and in consideration of the sum of Ten And 001100 410.001 Dollars and other good and valuable consideration to said Grantor. in hand paid by said Grantee, the receipt whereof hm hereby • acknowledged, has granted, bsrpined and sold to the Bald Grantee, and the Grantee's heirs and enigma forever, the following described land, situate, dying and being la DATE County, Florida, to -wit: WEST 110 FEET OF SOUTH 80 FEET OF NORTH 130 FEET OF LOT 15, IN BLOCK 4, OF FLAGLER GARDENS, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 4f1, PAGE 1, OF THE PUBLIC REORDS OF DADE COUNTY, FLORIDA SUBJECT TO restrictions, reservations, eaaementa and limitation of record, if any, provided that this .hall not nerve to reimpose mama, zoning ordinances, and taxes for the current year and subsequent years. Said Grantor doer hereby fully 'warrant the title to said land, and will defend the same against the lawful china of ail persona whomaoever. "Grantor" and 'Grantee are used for singular or phlra es context requires. IN WITNESS. WHEREOF, Grantor has hereunto net Grantor's hand and Beat the day and year first above written. alga, a.alyd and deiLrered in presents* ore 4. /Ansa. II DIMES GO et Vitaasa If STATE OF FLORIDA COUNTY Of BROWABD I HEREBY CERTIFY that onthis day before me, an officer duly qualified to take acknowledgments, personally who are personally known to me or who produced 1--( .rd,..., as identi katlon, and they acknowledged before ma that they executed the same. WITNESS my hand and official seal in the County and State last aforeaaid this 27 day of h1 � 1998. My commiselnn expires: HEREBY i^yi i FAY Cpyl/ga tienOtMe A. DAt1MAH at I CC t3a7?t An Awn Y Z 99 Of FLC` NAL; 0f1YOTJiu(1,.rc RECORDEDwowGLL RECCR.SECflr RECORD COtrlrY, RGYlI]a V HARM RUM CCLEAcricurraoumr r:16OPf19 Folio No.: 01-41-06-013-0990 95R 24094 1995 JAN 19 1008 'Grantee's SS No.: 589-12-?4R? WARRANTY DEED This Warranty Deed made this the 17th day of January, 1995, by and between NOEL KINGSLEY, a single man, ("Grantor"), whose post office address is 2315 S.W. 17 Street, Miami, Florida and GUILLERMO J. PERMUY, a single man, ("Grantee") whose post'office address is 31 S.W. 52 Court, Miami, FL 33144. WITNESSETH, that Grantor, for and in consideration of the suns of Ten ($10,00) Dollars in hand paid by Grantee and other valuable consideration grants, bargains and sells to the said Grantee and to Grantee's heirs and assigns, forever, all of Grantor's right,title and interest in and to the following described land in Dade County, State of Florida, to -wit: The West 110 feet of Lot 15, less the North 130 feet thereof, Block 4, of FLAGLER GARDENS, according to the Plat thereof, recorded in Plat Book 48, at Page 1, of the Public Records of. Dade County, Florida - SUBJECT TO:. i 1. Real property taxes for the year 1995 and subsequeyiit years. 2. Easements, restrictions and reservations of record. AND EXCEPT AS SET FORTH ABOVE, GRANTOR does hereby fully warrant the title to said land, and will defend the same against the lawful claims and demands of all persons_ whomsoever, except as noted. above. IN WITNESS WHEREOF, the Grantor has executed.this instrument the 17th day of January, 1995. Signed, sealed and delivered in the presence of: Pr i n Name:LA/it /1_ (.A ( r Print Name: i2eq ,t,01%,. STATE OF FLORIDA 1 COUNTY OF DADE The foregoing Warranty Deed was acknowledged' before me this 17th day of January, 1995, by NOEL KINGSLEY, a single man, personally known to me or having produced a-F-larida "J rivax'sfRssstr4- License as identification and f ) did/.( 1 did not take an oath. This Instrument prepared by: Richard A. Crisonino, Esq. 2534 S.W. 6 Street Miami, FL 33135 co omstrooknoier. tomb reRReq y. HARVEY MN; CAA cl CaRmit Cm* STATEOF F Y R 5Y m Rif` 7141,4 ; h-.+f orWnoi oq + fi)c°. HARVE.' Finlj ,�4 e, • NOTARY:;PUBLIC, State of Florida Print Name: My commission expires: OMFTCOAL NOTARY SUL HAYDLE V MARTINEZ COY 115SiON FRAMER 9�F* �,• MY COPY NRION8U*. OF JAN. 5,15188 A 02/1E,/20e 1.0;0ft 3052070W) 111111111111111111111111111111111111111111111 T a In+atniment Proper d by Row M, Veg., Big. Rosa lei, Vey #c Alsocistat, P A. MOO W. Friar%** Suite 204-8 .J'k ds14lU t3? 20?.c8ll Polio No.: O1.4106-013-0980 08.13,ECTINI WAR[ CFN 2004SR03.707846 OR 64 24401 Pea 3274 - S275i t2r15 RECORDED 04/04/2006 1+644'36 DEED DRC TAX 0.60 SURTAX 0,45 ►tAkVEY RUYLWr CLEW: CW coUR? tf1Altl-040E mom, FLORIDA cf THIS INDENTURE made this day of Fe , 21.106 by °MILD glikirDPROS, a single woman, N!REYDA MEMOS, a si a womar4, and DAN CA ZAYAS, a married woman, whose peat office addresses ere M-Z4 7 I Stx #1. 1 an felghli,,,j .11372 htiinafer called the Grantors, and GUILLEItMo PERMUY, a sinj 1it main, whose post office address is 8259 NW 7 Street, XianA, Florida 33126 htrrseinai:er called Grantee, THE PURPOSE OF TRIB CORRECTIVE Wa.RRRNTY BRED miasma TO CORRECT .THE WEST 100 FEET TO THE WEST 110 WHICH IS THE CORRECT LEGAL. That said Grantor, for and in consideration of the Bum of Ten ($10.00) Dollars z nd other good and valuable considerations to said Grantor in hand paid by said Grantee he receipt whereof, has hereby acknowledged, Iva granted, bargained and sold to the s ud Grantee, and the Girentee's heirs and assigns Forever, the following described land, sltW Lte, lying and being in Miami -Dada County, Florida, to. wit, Lot a less the North 130 feet and less due West 110 feet, dock g of FLACt Rat GARDENS, acterdbt to the Plat thereof, as recorded in Plat Book 4, at Fag, 1, of the Public Records of Miami -Dade county. Florida. Locally known es:30-32 SW U.P4Avenue. Mind - Fluid* 34134 The above -described property is not now the horneetead of t ANIA TAYAS net has it aver been hex homestead nor have the lands contiguous thereto ever been her homestead nc r is it hoer intention to ever make Herat her homestead nor is it the homestead of any mean bet of her family orr any other person to whom she owes a begat or natural obligatior of support, and, in feet she makes hex homestead and residence at A 77' met, lackson I Shts, i9TY,Dj, This Corrective Deed is being made and executed in order to =Tact an earo neous it gal description in that certain Warranty deed by the same parties herein recorded on 10/U7/C6 in Official Records Soak 23854, Page 1750 of the Public Records of Miami•U tde County, h oath. 1 02/1C/290C 56I06 39,52073 OR Bk 2#401 F'' 3275 LAST PAGE Subject to r.Nrictioru, Easements utd Limitations of retard; taxes for the year 2005 ar d subsequent yeas and to any and all valid zoning ordinances. To Have and to Hold, tht swine in fee simple forever. And said Grantor does hereby covenant with said Grantee that the Grantor is lawfully seized of said land In fee simple; that the Grantor has goad right and laws ui authority to sell and convey said land; that the Grantor hereby fully warrants the tine to (aid land and will defertd the ate against the lawful CIAires of all penans whonisoev or; end that said land is fres of ail encumbrances, except taxes accruing subsequent to Deo mbear 31, 2U0b. IN W1 NE WHEREOF, Grantor IAS sighed and sealed these presents the d iy and year first above written. Signed, = led Print Name. Witness u to ,All in our presence: STATE OF AMA/Y ° K COUNTY OF .. $ 1HEREBY CERTIFY that on this day acknowledgements, personalty append personally known to tans or who has produced Identification and who executed the foregoing and acknowled� '� before me that the executed the same freely and voluntarily for the purpose therein expressed_ W1" NE9S my hand and official seal in the State and County last aforesaid, his 72- day of Psbrwery, 2006. My Gmtntission Expires: r' titsaWted to t Ike who is t as offic 0 .. fie.01A1461T200 ey tiHERESY C RTIR_ 11,.n= v4Atr?� a)y,:f C: I;risd In Ocwns Coin+ sQOi"'Oat feu /,. ir4 mr. Ce,R mOrala+ klAPIffse July► 31 f FARLEY ARRIMIA NOM PUbIar Mass of Kea York srA1E or Loaf HARVC.Y ttM DY- lit, vt