HomeMy WebLinkAboutApplication & 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 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
A. Vicky Garcia -Toledo, on behalf of property owner, Katia Traikos
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:
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. Two (2) 11x17" original surveys of the property prepared by a State of Flonda registered land surveyor
within six (6) months from the date of the application.
4. Present zoning designation(s): R-1,
Statement as to why the present zoning designation is inappropriate.
5. Future zoning designation(s): R-3,
Statement as to why the proposed zoning designation is appropriate.
The property runs along the FEC railroad tracks. Single family homes in such close proximity to the tracks
is not an optimal use. The R-3 will allow apartments to be built over a parking platform which will create
distance between the tracks and the residential units.
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? 2.59 Acres
13. Is the property within the boundaries of a historic site, historic district or archeological zone? Please
contact the Planning Department on the 3rd Floor for information. Yes. The property is Located in an
Archeological Zone.
14. 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.
Rev. 01-06-06 2
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 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:
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, C-2, I, per square foot of net lot area
Minimum
CBD and all SD's, per square foot of net lot area
Minimum
$ .20
$ 750.00
$ .25
$ 900.00
$ .30
$ 1,000.00
Public hearing and public meeting mail notice fees,
including cost of handling an c mailing per notice $ 3.50
Signature Address Bilzin Sumberg Baena Price
Axelrod LLP
Name A. Vicky Garcia Toledo 2500 Wachovia Financial Center
Telephone 305-350-2409
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
200 South Biscayne Boulevard
Miami, Florida 33131
Date May 5, 2006
E-mail Address vgt(c�bilzin.com
The foregoing was acknowledged before me this 5th day of May, 2006, by A. Vicky Garcia -Toledo,
Esquire, who President of A. Vicky Garcia -Toledo, P.A., a co}f oration. She is personally known to me
did not take an oath.
(Stamp)
EMA
MY COMMISSION 08 1&2602
EXPIRES: FetalaTy 4,2007 koarof
Signature
Rev. 01-06-06
3
LIMITED POWER OF ATTORNEY
1, KATI.A 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 33.131, 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.
IN WITNESS WHEREOF, KATIA TRAIKOS have executed this instrument and caused
its seal to be affixed as of this day of May, 2006.
Signed, se pd and delivered
in the prey cis of:
By:
Katia Traikos
STATE OF FLORIDA )
3gowA RA ) ss:
COUNTY OF fr11451 )
The foregoing instrument was acknowledged before me this /lay of May, 20006 by
KATIA TRAIKOS, an Owner, who is personally known to me or produced a valid driver's
license as identification.
orz
Print Name: rnf P 14 t xv N ei
My commission expires: j i- t l -a 7
Signed, sealed and delivered
in the presence of:
MIAMI 1060932.1 7678424983
AFFIDAVIT
Before me, the undersigned, this day personally appeared A. Vicky Garcia -Toledo,
President, A. Vicky Garcia -Toledo, P.A., as attorney for owner/applicant, who being by me first
deposes and says:
t . 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.
A. Vicky Garcia -Toledo, PA.
By: A. Vicky Garcia -Toledo, Esquire
Attorney for Applicant
Applicant Sig'hature
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this 5th day of May, 2006, by A. Vicky Garcia -Toledo, Esquire,
who is president of A. Vicky Garcia -Toledo, P.A., a corporation -e-ls. ?ersonally known to me and did not take
an oath.
(Stamp)
Rev. 0
BONNEMA
fi 0MMISSi0N 4 DD 182609
EXPf!ES: Fabbniary 4, 2007
i 77: u Pidiarr.lInvirarm A;arpcy
-06-06
4
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) Katia Traikos
Subject Property Address(es) 399 NE 82 Terrace, Miami, Florida, bearing the folio number
01-3207-020-0310
Telephone Number 305.350.2409
E-mail Address vgt@biizin.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 Owner or Attoryiei Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
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)
c
MY GOMMISSI%N # DO 182609
EXPIRES; Ftixuary 4, 2007
Ec,rode,j rnar?id1&, ir;epgaayeAgen•
Rev. 01-06-06
5
Exhibit "A"
Legal Description
A portion of Lot 19 of "TUTTLES SUBDIVISION", according to the plat
thereof as recorded in Plat Book B, at Page 3, of the Public Records of
Miami -Dade County, Florida, lying South of the South line 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 line 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 said 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 S. 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 said 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,
Miami -Dade County, Florida.
Property Address: 399 N.E. 82nd. Terrace, Miami, Florida.
M A 14I 1055735.1 7678424983
515/0602: j"A-06_06
6
111111111111111111111111111111111111111111111
C F 11 2Cit 0 4 IR 0 2 --12.; 0 9 7
OR n 22U66 Pos 10SO - 1083; (41)30
REORDED 0L2/24/2004
HARVEY RUVIN, CLERK OF COURT
MIANT-DADE COUNTYr FLORID
E-c-
e7_
Cr
IN THE CIRCUIT COURT OF THE -1-1TH
JUDICIAL CIRCUIT IN AND FOO
MIAMI-DADE COUNTY, FLORIDA
CASE NO.: 03-18482 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 d/b/a ESI-97, and AFRC REALTY CORP.
Defendants.
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. 151st 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 N.E. 82Terrace, Miami, Florida.
A I RUE C,OP`
CEfil %FV:LJ1CIN ON 1_AST PAGC
HAM el Ul 1--Lt.‘/C
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
DONE AND ORDERED in Chambers in Miami -Dade County, Florida, thisi day of
February, 2004.
Copies Furnished to:
ADRIENNE MAIDENBAUM, ESQ.
Ali defendants on attached list
Circuit Court Judge
3riris Mk S. Fes;
STATE n-c(7. r.ouNTY
3 fiEr . 1 1
F ,. j `
LtS"4;4.:� OF s• !..0 ,�. is.l Gill 14
HAF V _ i RiU SIN :Jill P��i++lit �Ciicu and County COL:
DeputyC;erk = -`� •�'
2
2004
CASE NO.: 03-18482 CA 15
Defendants' Mailing List
INCA Investments LTD.
61 Sailway Street
Mermaid Waters
Queensland , Australia
INCA Investments LTD.
c/o 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. 82nd 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 Gables, Florida 33143
Escrow Services International Inc. d/b/a ESQ-97
c/o Wachovia Bank
123 South Broad Street, PA 1328T
Attention tax lien services, Philadelphia Pennsylvania 19109
_,. Isp 9py5 PG 1083
BEGINNING at a point 162' East of the 5, W. corner of Lot 1q, Tuttle
Subdivision as recorded in Plat Book "P' at Page 3, among they Public
Records of Bade County, rlorida, said point being the int*rsectitu'
of the E'ly RP''' of N. E. 4th Ave:. and the illy R/W of N. Z. Band
Tern; thence along said E'ly R/W 11, E. 4th ;ive, and the S'ly 1t/W,
E'ly terminus and its filly extension of M.E. Beth St. the followine
courses: NOO`16'09"E s distance of 692.45', S69"41'30"[ a distance
of 20.00' and 1100'16'09"E a distance 164.5' +1- to the Ppgrori ete
M.N.Y. line of the Little River, thence with the meanders of said
P1.H.ii. tine the following courses: nut East a distance of 56'.
555'00'E a distance of 25', S27.00'E a distance of 85.5', 512.30'E
a distance of 75' and 548'30'E a distance of 83' }/- to a paint
on the Wily R/ir of the F.E.C. Pailroad; thence with said wily
R/W S24'54'40'3t a distance of 18' ;/- to a point of curvature
and with the art of a curve to the left having for its elpvents
a radius 0.1960.08', a central angle of 19'11'56". a distance
of 656.79 to a paint on the aforementioned Tly R/W of N. E.
82nd Terr. ; thence NB9`47' 30"W with said li' ly P/Y a distance of
63.96' to the POINT OF BEc:lMNi , containing 2.63 Acres mere or
less.
EXHIBIT "A"
IIIIIIIIIIIIII
IIII1IIIIIII1III111111I!I1IIIFIIIIIII
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 94-2817 issued on
June 01, 1995, and the application for the
issuance of a tax deed was filed in the office of
the Miami -Dade 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
CF1.4 2003RO42 3583
OR Bk 21369 Ps 44677 Cl)vs
RECORDED 06/26/2003 09=40:21
DEED DOC TAX 490.80
SURTAX 368,10
HARVEY RUVINr CLERK OF COURT
MIAMI-DADE COUNTYr 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
xN 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)FIGHTY ONE THOUSAND
SEVEN HUBDRED FIFTY SIX AND 44/100 dollars
does hereby sell the following lands, including any hereditamenits, buildings,
fixtures and improvements of any kind and description, situated in Miami -Dade
County, Florida, and described as follows:
PORT OF LOT 19 I3ESC BEG 162FT E OF SW COR LOT 19 TH 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 E56FT S 55
DEG E 28FT S 27 DEG E 85.5FT S 32 DEG E 75FT S48 DEG E 83FT M/L S 24 DEG
W 18FT SELY AD 656.79FT N89 DEG W63.96FT TO POB TUTTLES SUB BB B-3
CTION 7 TOWNSHIP 53 SOUTH RANGE 42 EAST CONTAINING 2.63 AC M/L
BEFORE ME,
Shirley Shabazz
Florida, who is
this instrument
u
tte
144,
acques
elia Henry
the un:ersigned notary public personally ap: ared
, Deputy Clerk of the Circuit .urt in and for Miami -Dade County,
personally known to me and who acknowledged the execution of
to be his own free act and deed for the use and purposes
BY:
HARVEY RU'VVIN
Clerk of Circuit Court
-Da • - Count Fl.rida
D`PUTY CLE
(SEAL)
therein mentioned_
SWORN TO AND SUBSCRIBED BEFORE ME ON Juy;e 23, 2003
.:,
EVEI,YN RIVERA
Y COMMISSION 4 DD 194404
EXPIRES: March 17, 2007
Boodecs Thn; No ary Public urvenrrters
Notary Publ
THIS DEED I5 SUBJECT TO GOVERNMENTAL TAXES
AND LIENS, AND TO ANY RIGHT, INTEREST, PUBLIC
EASEMENTS, RESTRICTIONS, AND COVENANTS THAT
MAY SURVIVE THE ISSUANCE OF THIS TAX DEED IN
ACCORDANCE WITH APPLICABLE LAW
This instrument prepared by
Laurette Jacques
Deputy Clerk of Circuit Court
Miami -Dade County, Florida
Book21369/Page4467
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