HomeMy WebLinkAboutPAB Application DocumentsHEARING BOARDS
444 SW 2nu Avenue, 7th Floor • Miami, Florida 33130
Telephone 305-416-2030 • Fax 305-416-2035
www.ci.miami.fl.us
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 (MIAMICITY 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 enforcement/lien 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.
Rev, 05-10-05
This complete application Sh8U be reviewed and initialed by the Planning designee prior to
2. Section 52'32 of the Code of the City Of K8i8nli, periodic review of the adopted comprehensive
plan and adoption ofevaluation and appraisal report reads asfollows:
(a) Periodically, but not less often than once iDfive years Vrmore often than once in two years.
the comprehensive p|oD Sh8U be nBvievved, evaluated and appraised by the planning advisory
board to determine whether changes in the anlOuO1, hind or direction Of development and
growth of the city or area ther8of, or other reasons, make it necessary or beneficial to make
additions oramendments to the comprehensive plan. The Planning Department shall prepare
on evaluation and appraisal report for the planning advisory board which shall evaluate the
comprehensive plan pertaining to the major problems ofdevelopment, 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 oonnPenad
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 ah8U suggest that changes needed to update the comprehensive plan
including reformulated obieCtivea, policies and standards.
v
(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 procedlures in Section 62-31 �
(C) The city COnOnOiSSiOn shall adopt, or adopt with cAaDge3, the report or portions thereof by
resolution in public hearing within SO days after the planning advisory board date of
naCOrnnnendaUOn. The city commission shall thereafter amend the comprehensive plan based
on the recommendation in the evaluation and appraisal report. Adoption of the report and
necOmOrnend8d amendments tothe plan may be made simultaneously pursuant tV section 62-
31 or if not 8innU|taneOu3, the evaluation and appraisal report shall contain 8 schedule for
adoption of the recommended amendments within one year,
See also Article 22ofthe Zoning Ordinance.
Two (2) original surveys prepared by G State of Florida registered land surveyor within six (5)
months from the date ofapplication.
4. This petition iSproposed by:
LJ Planning Department
5. The subject property is located at: 402 NE 36"' Street and 347 NE 35 Terrace, Miami, FL
Folio number.- 01-3230-004-060 and 01-3230-004-0050
' AND MORE PARTICULARLY DESCRIBED AS, Complete |�]a| description is attached hereto as
Exhil�it A.
O, The undersigned, being the owner or the representative of the owner of the subject pn}p8rty.
Uo(es)respectfully request the approval nfthe City OfMiami for the following arnendment(S)to the
Miami Comprehensive Neighborhood Plan for the above -described property as indicated in the
Land Use Plan:
FROM: Mu|itf8noi|y Mi h Density Residential
TO: Restricted Commercial
7. What is the purpose of this application? To allow the redevelopment of the property with a
cornrnen:ia|uSe.
O What iSthe acreage ofthe project/property Site? 0,21
9. Has the designation of this property been changed in the last year? If so, when? No,
�
10. Doyou own any other property within 2OOfeet Ofthe subject property? NO
If yes, has the property been granted 8 change in plan U8Sign3\iOO within the last year?
11. Have you made acompanion application for 8change 0fzoning? Yes.
12. Have you filed @(0):
• Affidavit cfownership? Yea.
• Disclosure ofownership form? Yes.
° List ofowners ofproperty within 5OOfeet ofthe subject property? Yes,
|fnot, please Supply them.
11 Is the property within the boundaries Of a hi3k}hC site, historic district Or archeological ZVOe
designated p�ursuanttoChapter 23 Ofthe Miami City Code? {Contact the Preservation Officer at
the Planning Department (3'"Floor) at305-416'1400for infOnngtion.\ No.
14� Is the property within the boundaries Of an EDVinDOmeDfa| Preservation District designated
pursuant to Chapter 17Ofthe Miami City Code? /CoOtGC1 the Preservation Officer atthe Planning
Department (3 m Floor) at 305-416-1400 for information.1 No.
15� Please submit a statement indicating why you think the existing plan designation is inappropriate,
The property is ideally ouited for p[Of8sSiOn8| Office use as the property immediately abuts
property, and is situated across the street from an entire block that @||OvvS for COOnDl8[C|g[ and
office uses. Acnording|y, the eXiGUrlg C0rnpr8hRDsiVe neighborhood plan deSicInatioO is
inappropriate.
16. Please submit astatement justifying your request tothe requested plan designation change. The
property is ideally suited for a Office use givonthat the p[gpedymbutn a C'1 property tothe west,
and is located across the street from an entire block that allows for C0nlnlerCia| and office use. In
oddition, the property on the GVV Corner of NE 55m Street and NE 5th Avenue was recently
approved a K4USP suq0es1ing intense future development. FinmUy. the property lies within the
CD-20 EdOewabarOvar|ay Oisbict, vvhichencouraOea both residential and office uses.
17� All docunnen{3, napVrts, studies, exhibits (O 1/2 x11^) or other written or graphic nl@teh8|S to be
submitted at the hearing shall he submitted with this application and will he 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 ofprocessing, according \othe City Code:
Conservation, recreation, residential single-family duplex
Residential medium density multifamily
Residential high -density nnu|tif8nni|y. office,
h i �i rnajorpuoo�rao/ /��.�rann9ona�on/�oxnes
Conl0en:iaKpesthcted, cV[nDlerciaKmeOe[@| and industrial
CDnlOOe[Cia|(CBO)
Surcharge for advertising each item
pUb|iC hearing and pVh|iC meeting mail notice feeS,
including cost of handling and mailing per notice
Signature
150
Address 200G. Biscayne Blvd., Suite85O
Name Me|iSSaT8A8O8S L|mhu8S, Esq. K4i8nOi FL 33131
Telephone 305-377-6227 Date
STATE {)FFLORIDA
COUNTY OF ML4K8|-OAOE
July .2O05
The foregoing instrument was acknowledged before me this
Tapanen L|ohueovvho is a(n) individ ual/pa rtner/aqenVcorpo ration
professional association. She i5personally known
-- =. ~mA.".~--~_ ,
— ----`—` '
day of July 2006. K8B|iS53
RadeU. P/\ a(n)
'-�n oath,
AFFIDAVIT
Before rne, the undersigned authority, this day personally appeared K4e|issaTapaneo L|ahues.
Esq,vvho being by me first deposes and says'.
1. That he/She is the owner, or the legal representative of the ovvner, submitting the accompanying
application fora public hearing as required bythe, Code ofthe City of Miami, Florida, affecting the
neo| property located in the City of Miami, as described and listed onthe foregoing pages of this
affidavit and made apart thereof.
2. That all owners which he/She nepneSeDt8, if any, have given their full and COrOp|e\e permission for
him/her to act in Ns/her behalf for the change or modification of a classification or regulation of
zoning as Set out in the accompanying oetiti0n. OQ including responding to day to day staff inquires;
[] not including responding tOday t0day staff inquiries in which case he/she should be contacted at
305-377'0227.
`
�
3. That the foregoing pages are made a part of this affidavit contain the current names, mailing
addnsnaea, telephone numbers and legal descriptions for the n*a| property of which he/She is the
owner orlegal representative.
4. The facts as represented in the application and documents SUbnlitt8d in COrUunCtiOD with this
affidavit are true aind correct.
Further AffiaOtS8yethnot.
MeUSS8Tap8OeS L|@hueS, Esq.
Applicant Name
STATE (}FFLORIDA
COUNTY OFM/AM/'DADE
/
The foregoing instrument was acknowledged before me this day of July 2006. by Melissa
Tapaneo L/ahueG. Eaq, who is a(n) imdividmm|/paMLner/oqetion o 0zcow & RaUeU^ PA a(n)
professional association. �/�h�iG��r8On�|�y��OVVD�O»��0��l\�h0diddid (` )��h��D0Ekh. �F�
/
(Stamp)
Ana Hemundez
� wyCommission om1oomr
Expires April 12,2007
Signatur
-
Rev 09-10-05 4
DISCLOSURE C]FOWNERSHIP
1. (]wone[(S) of subject property and percentage of ownership. Note: The K4i8r0i City [Ode requires
di3C|O3ur8 Of all parties having a financial interest, either direct Or indirect, in the subject matter Of a
prosontahon, request or petition to the Qh/ Commission. Accordingly, disclosure of shareholders Of
corpO[ahonS, beneficiaries of trusts, and/or any other interested parties, together with their 8ddr8nn93
and proportionate interest are required. (Please supply additional lists, as applicable.)
Owne['nNanle/eS\ Grape & Associates, LLP 100% Elaooa Flfes
Subject PnopertVAddrens(os) 402 NE 36 Street, Miarni, FL
347 0E 35 Terrace, Miami, FL,
Telephone Number
2. Street address and legal description ofany property:
(o) Owned by any party listed in answer to question #1; and
(b) Located within 5DOfeet Ofthe subject property.
(Please supply additional lists, 338pp|icab|e)
Street Address
Legal Description
Owner or Attorney for Owner Name O&er or Attorn'&y for Owner Signature
STATE OFFLORIDA
COUNTY [)FM|AK4|-DADF
The foregoing instrument was acknowledged before me this =uday Of June 2008. by
who is a(n)individua|/partner/e nuY
a(n) individual/partnership/corporation. He/She is personally known to me or who has
produced as identificooi� and-_\,,ybo did (did not) take an oath.
/SCa[np\
o^ *mme-wld*z
Rev. 05-10-05
PROPERTY ADDRESS:
402 NE 3Gth STREET & 347 NE 35t1--i TERRACE, WHAM!, FL. 33137
DESCRIPTION
PARCEL I.
The East 80 feet of Jot 4, ler-Ss'the South 40 feet of "JOHN F. COLLINS
PROPERTY TO BUENA VISTA" according to the Plat thereof as recorded in
Piat Book 1 at Page 53 of the Public Records of MIAMI - DADE tounty
, Florida., Less the North 15 feet thereof for Road Right of Way
A/K/A/
The North 95' feet of Lot 4 Less the West 15 feet and Less the North-1
feet for Right of Way -Purposes of "JOHN F. COLLINS PROPERTY -TO
BUENA VISTA" according tb the Plat thereof as recorded in Plat Book 1
at Page 53 of the Public Records of rOJAMI - DADE County ,Florida,
AND
PARCEL 2
The South 40 feet of the East 70 feet of Lot 4 of "JOHN F. COLLINS
PROPERTY TO BUENA VISTA" according to the Plat thereof as recorded in
Plat Book 1 at Page 53 of the Public Records of - DADE County
, Florida.
The undersigned hereby certifies that the two (2) parcels of land more
particularly described hereon are contiguous to each other along the
South[southern]boundary of the first parcel and the North [northern]
boundary of the second parcel, without any gaps or gores.
tate o Flon
Department of State
I certify from the records of this office that GRAPE ASSOCIATES,
11C is a limited liability company organized under the laws of the State
Of Hodda, filed on April 19, 2005, effective April 19, 2005.
The document number of this limited liability company is
L05000038220.
I further certify that said limited liability company has paid all fees due
this office through December 31, 2005, and its status is active.
I further certify that said limited liability company has not filed Articles
of Dissolution.
Given under tn.), hand and the Great Seal of
Florida, at Tallahassee„ the Capital, this the
day of July, 2006
D: 800077081858-070606-1.05000038220
To authenticate this certificate,visit the following site, enter this
ID, and then follow the instructions displayed.
www.sun biz.org/au th tml
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I AN -8 NI 10 OS
V: I CIT 79,5
ty_weed (SIA1110(11 ION-SE(110H 69 01 I.S )
This imPurite0 wos prepared by
Nome
Address JOG
Miami Beac,h,,,,_FL. 33141
3nbrnturi, Mode this . 30th , day of December 9 80 i4twmrn
CHALES M. SHERRILL and DOROTHY S. SHERRILL, his wife
0 the County 0 Broward,
LEONARD HABER and SEYMOUR CYMET
whose post office address is 4 4 02 N.E. 36th Street, Miami
of the County of Dade blot e of Florida
lranenert4. Thal 10111 graMor, for and in consrdetolmn 0 the sum of T e n ( *1 0 . 00 ) . .
5,91,91 FlOr ida 1 grantor", and
, grantee.,
Dollars,
and other good und voluoble consideratrons to sued gronlo in liond paid cby said grower:, the receipt whereof is hereby
acknowledged, hos grained, bargained and ...old to the sold grentee, and orunine's heirs and assigns forever, the following
described lond, situate, lying and being in Dade County, Florida,
The East 80 feet of Lot 4, less the South 40 feet of
JOHN F. COLLINS PROPERTY AT BUENA VISTA, according to
the plat thereof, as recorded in Plat Book 1, at page
53 of the public records of Dade County, Florida, and
less the North 15 feet thereof for street and sidewalk
purposes.
SUBJECT to conditions, restrictions, limitations, easements
and any effective zoning ordinances; also to taxes for the
year 1981 and subsequent years,
AND SUBJECT to a purchase money mortgage of even date
herewith, in the principal amount of *60,000.00.
PECIADiD 11 Orr1CIA4 11(0401 ICC.
ensixn. f1.0111Cia.
1111011 mono
ii16:fiARD P. I3R.INK ER.
CLERK CIRi,"1111 Cuuln
and said grOffiCit hereby IvIly sand lorsil. Witd will iieletld the same against the lawful claims of
persons whomsoever
and 10,1,(1 for 111.1001 01 pil)(01, CM context reainres.
ithron the day and year first above written
rt{:&eoled ond v •red in our pi 4,1•11,
44AL
(Seoll
(Seal)
15eolt
STATE OF PLC/RI DA
COUNTY OF DA DE
I HEREBY CERTIFY 11)0 on this day before me, on officer duly auahlied 0 take ocknowIndgenent.,, personally oppeored
CHARLES H. SHERRILL and DOROTHY S. SHERRILL, his wife
to me known to be the Persons desrnbed and who executed the foregoing instrument and acknowledged before Inc that
th, 4,tied the torne.
the, 30 dgrai December
t..51. and official scot in the County and Stoic last
— '
Notory Public
RC•W & RAD
Z01,1111(3, LAND USE ANC) ENVIRONMENTAL LAW
DIRECT LINE: (305) 377-6227
mtapanes@brzoninglaw.corn
VIA HAND DELIVERY
July 6, 2006
Ms. Teresita Fernandez
City of Miami
444 Southwest 2ncl Avenue
Seventh Floor
Miami, Florida 33130
Re: Public Hearing Applications for Properties Located at
402 NE 36 Street and 347 NE 35 Terrace, Miami, Florida
Dear Teresita:
This law firm represents Grape Associates, LLC, the owner ("Owner") of
approximately .21 acres of land located at 402 NE 36 Street and 347 NE 35
Terrace, further identified by Miami -Dade County Folio Nos. 01-3230-004-0060
and 01-3230-004-0050 ("Property"). This letter shall serve as the Owner's letter of
intent to request an amendment to the Miami Comprehensive Neighborhood
Plan from Multifamily High Density Residential to Restricted Commercial and a
district boundary change from R-4 Multifamily High Density Residential and
SD-20 to C-1 Restricted Commercial and SD-20. The Owner intends to redevelop
the Property with a professional office building.
The Property consists of two parcels of land comprising of a total of .21
acres located between NE 36 Street and NE 35 Street, just east of Biscayne
Boulevard and immediately south of 1-195, a major east -west interstate
thoroughfare. Egress onto 1-195 is located immediately north of the Property and
is accessible directly from the Property. The lands west of the Property through
the Biscayne Boulevard corridor are currently zoned C-1. and SD-20. Further, a
Taco Bell is situated just west of the Property, between NE 35 Terrace and NE 36
Street, abutting Biscayne Boulevard. Last, the Fifth .Avenue Loft MUSP has been
approved for the property located between NE 35 Terrace and NE 36 Street
abutting NE 5 Avenue, just east of the Property. The foregoing uses and
approvals demonstrate a trend towards commercial and office uses in the overall
area and confirms that the Property's current designation and zoning is
inappropriate.
WACHOVIA FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI, FLORIDA 33131
PHONE. 305.374.5300 • FAX. 305,377.6222
Ms. Teresita Fernandez
July 6, 2006
Page 2
As always, thank. you for your assistance. We look forward to the
Department's favorable recom.rnendation. Should he have any questions or
comments, please do not hesitate to contact me.
Cc: Mr, Hanna Eltes
Dr, Gary Rosenbaum
Ben Fernandez, Esq.
Very truly yours,
elissa 'aparies Llahues, Esc
BERCOW & RADELL
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