HomeMy WebLinkAboutCC Application & Supporting DocsHEARING BOARDS
444 SW 2nd Avenue, 7th Floor + Miami, Florida 33130
Telephone 305-416-2030 + Fax 305-416-2035
www.miamigov.com
PUBLIC HEARING APPLICATION FOR AN
AMENDMENT TO THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN
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
Section 62-32 Periodic review of the adopted comprehensive plan and adoption of evaluation and
appraisal report of the Miami City Code states detailed information about Amendments to the Miami
Comprehensive Neighborhood Plan.
1, A. Vicky Garda -Toledo, on behalf of property owner, Katia Traikos
hereby apply to the Miami City Commission for approval in accordance with Sec 62-32 of the Miami
City Code, 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: 399 NE 82 Terrace, Miami, Florida, bearing the
folio number 01-3207-020-0310
3. Current designation: Single Family Residential
Future designation: Medium Density Multifamily Residential
4. Has the designation of this property been changed in the last year? If so, when? No.
5. Do you own any other property within 200 feet of the subject property? No.
If yes, has the property been granted a change in plan designation within the last year? No.
6. 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.
7. The property/location listed does not have any open code enforcement/lien violations.
8. At least two photographs that show the entire property (land and improvements).
9. 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.
10. A clear and legible copy of the subject property address and legal description on a separate
sheet of paper, labeled as "Exhibit A".
11. What is the acreage of the project/property site? 2.59 Acres
12. Is the property within the boundaries of a historic site, historic district or archeological zone?
Please contact the Planning Department an the 3rd Floor for information. Yes. The property is
located in an Archeological Zone.
13. Is the property within the boundaries of an Environmental Preservation District? Please contact
the Planning Department on the 3rd Floor for information. Yes. The property is located in a
Environmental Preservation District.
14. If only filing this application and not a change of zoning, please submit a (an):
a) Affidavit
b) Disclosure of Ownership
c) List of owners of property within 500 feet of the subject property
Rev. 01-06-06 2
15. For corporations and partnerships, the following documents are to be submitted: (NIA)
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 ($ 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.
17. Cost of processing according to Section 62-156 of the Miami City Code:
Conservation, recreation, single family, duplex $ 300.00
Residential medium density multifamily $ 450.00
Residential high density multifamily, office,
major public facilities, transportation/utilities $ 550.00
Commercial/restricted, commercial/general and industrial $ 650.00
Commercial (CBD) $ 1,200.00
Surcharge for advertising each item $ 1,200.00
Public hearing and public meeting mail notice fees,
including cost of handli itng per notice
$ 3.50
Signature Address Bilzin Sumberg Baena Price
Axelrod LLP
Name A. Vicky Garcia -Toledo 2500 Wachovia Financial Center
200 South Biscayne Boulevard
Miami, Florida 33131
Date May 006
Telephone 305-350-2409
E-mail Address vote bilzin.com
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this 2 : -y of May 2006„by-Vicky Garcia -
Toledo, Esquire, as President of A. Vicky Garcia-Tol do -- A., a dorporation. She is
personally known to me and who did not take an oath.
(Stamp)
CAROL BONNEVA
AY COMMISSION! # DO 182609
EXPiRES: Fbr ary 4, 2JJ7
n Pleh d:rxxan s Wry
Signature/
MIAMI 1055716.1 7678424983
5/5ro6 02:4,r ii _06-06
3
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LIMITED POWER QF ATTORNEY
I, KATIA TRAIKOS ("Owner"), as the Owner of the property located at 399 N.E.
Eighty -Second Terrace (the "Property"), hereby make, constitute and appoint the law firm of
Bilzin Sumberg Baena Price & Axelrod LLP, through its partner, A. Vicky Garcia -Toledo,
Esquire ("Attorney") P.A., having an address at c/o Bilzin Sumberg Baena Price & Axelrod LLP,
Suite 2500, 200 South Biscayne Boulevard, Miami, Florida 33131, as Owner's true and lawful
attorney, and, in Owner's names, places and steads, giving and granting unto said Attorney,
individually, full power and authority for the limited purpose of preparing, executing, filing and
amending, as necessary, a public hearing application for an amendment to the Miami
Comprehensive Neighborhood Plan and a public hearing application for an amendment to the
Zoning Atlas and/or Overlay District (collectively, the "Applications") in connection with the
Property, together with any and all exhibits and attachments made a part of these Applications, in
connection with the redevelopment of the Property and representing and appearing on behalf of
the Owner throughout the City as it relates to the Applications, and to take, or cause to be taken,
any and all other action, in the name and on behalf of the Owner, or otherwise, in the Attorney's
judgment is necessary, desirable or appropriate in order to consummate the .transactions
contemplated by or otherwise to effect the Applications, Third parties may rely upon the powers
granted under this Limited Power of Attorney upon the exercise of any such powers by Attorney
as Owners' attorney -in -fact and authorized agent.
INWITNESS WHEREOF KATIA TRAIKOS have executed this instrument and caused
its seal to be affixed as of this 5 day of May, 2006.
Signed, se �nd delivered
in the pre c of:
STA it OF FLORIDA
t3gouiA iz
COUNTY OF
) ss;
By:
Katia Traiko
The foregoing instrument was acknowledged before me this Slay of May, 20006 by
KATIA TRAIKOS, an Owner, who is personally known to me or produced a valid driver's
license as identification.
1AL SI�Ki NEY
:r MYCOMMlSS #.026
lye if EXPIRES: twmbeGO28
r 11, 2097
MTh,,, Wary Ptblx tindworcdsss
Signed, sealed and delivered
0
Print Name: Yv'yRtZ
My commission expires:
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AFFIDAVIT
Before me, the undersigned, this day personally appeared A Vicky Garcia -Toledo,
President A. Vick Garcia -Toledo .A. as attorne for o ner/a licant, 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 riot.
A. Vicky Garcia -Toledo, PA.
By: A. Vicky Garcia -Toledo, Esquire
Attorney for Applicant
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Applicant Si' ature
a
The foregoing was acknowledged before me this 6th day of May, 2006, by A. Vicky Garcia -Toledo, Esquire,
who i5 president of A. Vicky Garcia -Toledo P.A. a corporatio ersonafly known to me and did not take
an oath. f- x
CAR6L BONNEBFA
(Stamp)
SAY COMMt%161 r CO 182&
EXP?RES& Febrti&y4, 2067
ano�oTt .Pkre ) InsurtroAmos'
.0111 ter.
Signature
DISCLOSURE OF OWNERSHIP
1. List the owners) 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) Katie Traikos
Subject Property Address(es) 399 NE 82 Terrace, Miami, Florida, bearing the folio number
01-3207-020-0310
Telephone Number 305.350.2409
Email Address vgt@bilzin.com
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
399 NE 82 Terrace See Exhibit "A"
Miami, Florida.
A. Vicky Garcia -Toledo, P.A.
Owner or Attorney Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Owner or A ore Signature
The foregoing was acknowledged before me this 5th day of May 2006, by A. Vicky Garcia -Toledo,
Esquire, as President of A. Vicky Garcia -Toledo, P.A., a corporation. She is personally known to me
and did not take an oath.
(Stamp)
CAROL BOOSAA
MY COMMISSION a AR 182609
EXPIRES; Fahey 4, 2007
aw6tf 7Mu pamd intone,. homy
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Exhibit "A"
Legal Description
A portion of Lot 19 of "TUTTLES SUBDIVISION", according to the plat
thereof as- recorded in Plat Book B, pit Page 3, of the Public Records of
Miami -Dade County, Florida, lying South of the South tine of the Little River
and West of the Westerly Right -of -Way line of the Florida East Coast
Railroad Right -of -Way, being more particularly described as follows:
Commence at the Southwest corner of said Lot 19; thence run East, along
the South Line of said Lot 19, for a distance of 162.00 feet to the Point of
Beginning of parcel of land hereinafter to be described; thence continue
East, along said South fine of Lot 19, for a distance of 60.00 feet to a point
of intersection with the Westerly Right -of -Way line of the Florida East Coast
Railroad Right -of -Way, said point being a point on curve bearing S. 84° 06'
06" E. to the center of saki curve, having for its elements a Radius of
1960.08 feet and a central angle of 19° 13' 34"; Thence run Northeasterly
along the arc of said circular curve, concave to the Southeast, (also being
said Westerly right-of-way line), for an arc distance of 657.72 feet to a point
of tangency of said circular curve (said point bears N. 64° 52' 32" W. from
the center of said curve); Thence run N. 25° 07' 28" E. for a distance of 14
feet, more or less, to the Southerly water's edge of the Little River; Thence
meandering Northwesterly and Westerly, along said Southerly water's.
edge, for a distance of 338 feet more or less to a point of intersection with
the Easterly line of Lot 13 of "FLORA DEL RIO", according to the plat
thereof as recorded in Plat Book 42, at Page 38, of the Public Records of
Miami -Dade County, Florida; Thence run 5. 00° 08' 06" W., along said
Easterly line of Lot 13 and its Southerly extension, for a distance of 172
feet more or less to the Southeast corner of the Right -of --Way of N.E. 84th.
Street, as shown on recorded plat of "FLORA DEL RIO", according to the
plat thereof as recorded in Plat Book 42, at Page 38, of the Public Records
of Miami -Dade County, Florida; Thence run West, along the Southerly line
of saki right-of-way of N.E. 84th. Street, for a distance of 20.00 feet to a
point of intersection with the Easterly Right -of -Way line of N.E. 4th,
Avenue, as shown on said recorded plat of "FLORA DEL RIO"; Thence run
S. 00° 08' 06" W. along said Easterly Right -of -Way line of N.E. 4th.
Avenue, for a distance of 692.50 feet to the Point of Beginning. Said
described parcel of land lying and being situated in the City of Miami,
Miarni-Dade County, Florida.
Property Address: 399 N.E. 82nd. Terrace, Miami, Florida.
MIAMJ 1055735.f 7678424983
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1111111111111111111111111111111111111 illl 1111
C EH 200-4Rr 12 3097
OR 8k 22066 F'ss 1E086 - 10E3; (09s)
RECORDED 02/24/2O 4 13:42:00
HAE4'EY WUVIHt CLERK OF COURT
MIAtMI-DADE COUNTY, FLORIDA
Cr) C
IN THE CIRCUIT COURT OF IRE T"r_
JUDICIAL CIRCUIT IN AND FOA
MIAMI-DADE COUNTY, FLORIDA
CASE NO.: t 3-18482 CA 15
KATIA T. TRAIKOS,
Plaintiff,
vs,
INCA INVESTMENTS LTD., MARTIN E. SEGAL,
P.A., MARTHA A. RADKIEWICZ, EDWARD W.
RADKIEWICZ, JOHN W. SCHMITZ, LUCILA
SCHMITZ, ESCROW SERVICES INTERNATIONAL
INC dibia ESI-97, and AFRO REALTY CORP.
4tfendants.
FINAL JUDGMENT QUIETING TITLE
THIS CAUSE, having come before the Court on the Plaintiff, KATIA T. TRAIKOS.
complaint to quiet title, and upon Plaintiff's Motion for Default Judgment and the court
.being otherwise fully advised in the premises, it is thereupon:
ORDERED AND ADJUDGED THAT:
1. Plaintiff, KATIA T. TRAIKOS, 1632 N.E. 151" Street, North Miami Beach, Florida
has legal title and is the present owner in fee simple of the real property located in Miami -Dade
County, Florida, legally described as follows:
SEE ATTACHED EXHIBIT A
also known as 399 NE. 82nd Terrace, Miami, Florida.
1
C E.RT ATM ON LAST
A TRUE COPY
i{ARVE'l IWNI114h1S, Ck G_
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2. Plaintiff is entitled to the quiet and peaceful possession of the above described real
property
3. Plaintiff's right, title and interest in the subject property is superior to that of the
Defendants,
4. Defendants claim to the subject property is without any right whatsoever, and
Defendants and all persons claiming under them have no right, estate, title, Lien or interest in or
to the real property, or any part of the real property,
5. Defendants are permanently enjoined from asserting any adverse claim to Plaintiffs
title to the property.
6. Plaintiff is entitled to the exclusive and immediate possession of the subject property
as more fully set forth in paragraph 1.
7. This court reserves jurisdiction to enforce this judgment and to enter further orders a
may be equitable and just
11�
DONE AND ORDERED in Chambers in Miami -Dade County, Florida, thisiOth day of
February, 2004,
Copies Furnished to:
ADRIENNE MAIDENBAUM, ESQ.
All defendants on attached list
Circuit Court Judge
Nan 0* X. Fr'.+naear
STATE OF FLORIDA, COUNTY OF DADE,
'HEW CEUir'iEliot the ttr cisaisp1:gt 'kvr.sct cop y31ECG
afi;inator. tiininthis ilk.= FIi 1 ] UU• AD 2v_...
HARVEY RUM, , Clerk of Circuit and County Courts
Deputy Clerk---=--'�
2
FEB1 20011
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CASE NO.: 03-18482 CA 15
Defendant& Mailing List
iNCA investments LTD.
61 Sailway Street
Mermaid Waters
Queensland , Australia
INCA investments LTD.
clo Grant W. Kehres, P.A.
P.O. Box 1298
Boca Raton, Florida 33429-1298
Martin Segal
2655 Le Jeune Road
Suite 1101
Coral Gables, Florida 33134
Martha A. Radkiewicz
17821 N.W. 82'i Avenue
Hialeah, Florida 33015
Edward W. Radkiewicz
17821 N.W. 82nd Avenue
Hialeah, Florida 33015
John W. Schmitz
375 Cocoplum Road
Coral Gables, Florida 33143
Lucila Schmitz
375 Cocoplum Road
Coral Games, Florida 33143
Escrow Services International Inc. dibta ESQ-97
clo Wachovia Bank
123 South Broad Street, PA 1328T
Attention tax lien services, Philadelphia Pennsylvania 19109
3
OR
LAST PAGE
BEGINNING at a point 162' East of the S. W. corner of Lot 19, Tuttle
Subdivision es recorded in Plat Book "P' at Ptge► 3. as"ong the Milt
Records or Dade County, Tloride, said point 1<ein4 the iritlrssction
of the Ell/ R/=! of R. E. 4th Ave. and the N' 1i PM of N. 12nd
Terr.; tkenca along Slid E'ly A/W N. E. 40 Ave, and the S'ly
E'ly terminus and its N'ly extension of N.E. 6th St. the foflowIrai
courses: N00"16'D9'E a distance of 6112.45',St9"67'30"E s distance
of 70.00' end M00'16'09'1 a distance 16+.5' +1- to the fppresirate
M.N.Y, line of the Little River; thence with the meanders of said
M.O.W. 11 ne the fpilowiao courses: Due East a otstanca of S6' .
SW00'E a distance of Ze', $27`00'E a distance of AS.S', S32101
e distance of 7S' and S4a'301 a distance of 03' +/• to a paint
on the gib R/W of the F.E.C. ?alined; thence . wi th said A' le
R/1t 524`54'10'1l a distance of 111' +Y. to a RV Int of Curvature
and with the arc of e curve to the lett having for its e1Peents
a radius of.1960.00'. i central angle of 19'11'66". adistance
of 156.79' to a point on the aforementioned ':'1y R/i+ of N. E.
62nd Terr.; thence N01'47'301W with said o'Ty Pl14 a dfstaace of
63.96' to the POINT OF 6En14Nltu',, cvntaintna 7.63 Acres more or
less.
EXHIBIT "A"
Tax Deed File Number 01-828
Property Identification No. 01-3207-020-0310
TAX DEED
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Tax Sale Certificate Number 94-2017 issued on
June 01, 1995, and the application for the
issuance of a tax deed was filed in the office of
the Miami -trade County Tax Collector. The applicant
having paid or redeemed all other taxes or tax sale
Certificates on the property described below, and due
notice of sale having been published, and no person
entitled to do so having appeared to redeem said land,
such land was sold for Cash
CFM 2003R042.8583
OR P,k 2136? Ps 4467; (1ve,
RECORDED 06/26/2003 09;4D:21
DEED OOC TAX 490.E0
SURTAX 365.113
I IARVEY RUVIhr CLERK OF COURT
11IA11I-DARE COUNTY. FLORIDA
LAST PAGE
to: TRALKOS KATIA T.G,
whose address is: 1632 NE 151 STREET
N. MIAMI BEACH FL, 33162
after adding the property to the List of Lands for taxes from
the public sale held on October 02, 2002,
and who has paid the sum of his bid as required by the laws of this state,
NOW, on June 23, 2003 the County of Miami -Dade, State
of Florida, in consideration of the sum of ( $81,756,44)E.IGHTY ONE THOUSAND
SEVEN HUBDRED FIFTY SIX AND 44/100 dollars
does hereby sell the following lands, including any heriditaments, buildings,
fixtures and improvements of any kind and description, situated in Miami -Dade
County,•Florida, and described as follows:
PORT OF LOT 19 DFsSC BEG 162FT E OP SW COR LOT 19 TA N 00 DEG E 692.45FT
S 89 DEG E 20FT N 00 DEG E 164.5FT M/L TO S/L OF LITTLE RIVER E56F"T S 55
DEG E 28PT 8 27 DEG E B5.5FT 8 32 DEG P, 7SFT 548 DEG E B3FT M/L S 24 DEG
W 18FT SLLY AD 656.79FT N69 AEG W63.96FT TO FOB TUTTLES SUB p8 B-3
SECTION 7 TOWNSHIP 53 S0pTH RANGE 42 EAST CONTAINING 2.63 AC M/Ts
cques
HA.RVEY RUVIN
Clerk of Circuit Cour
i. 1-Da Count Florida
BY: / :; .t✓J (SEAL)
T3 CLE • f
elia Henry. . tr
BEFORE ME, the unersigned notary public .=rsonally a. ared
Shirley Shabazz, Deputy Clerk of the Circuit urt in and for Miami -Dade County,
Florida, who is personally known to me and who acknowledged the execution of
this instrument to be his own free act and deed for the use and purposes
therein mentioned.
SWORN TO AND SUBSCRIBED BEFORE ME ON ,719e 23, 2003
EVELYN RIVERA
MY COMMISSION A DO t94404
EXPIRES: Mmdt 17, 2007
amdeirtau tAr vml
THIS DEED IS SUBJECT TO GOVERNMENTAL TAXES
ANP LIENS, AND TO ANY RIGHT, INTEREST, PUBLIC
EASEMENTS, RESTRICTIONS, AND COVENANTS THAT
MAY SURVIVE THE ISSUANCE OF THIS TAX HEED IN
ACCORDANCE WITH APPLICABLE LAW
This instrument prepared by
Laurette Jacques
Deputy Clerk of Circuit Court
Miami -Dade County, Florida