HomeMy WebLinkAboutCC Application & Supporting Docs - OLDZDNSNC3. LAN USE AND ENVI FED NN ENTAL LAW
DIRECT LINE (305) 377-6227
E-MAIL: mtapanes@brzoninglaw.corn
VIA HAND DELIVERY
July 6, 2006
.Ms. Teresita Fernandez
City of Miami
444 Southwest 2nd 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 I-195, a major east -west interstate
thoroughfare. Egress onto I-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 MUSE 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
inapp ropriate.
WACHOV1A FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 N1{AM1, FLORIDA 33131
PHONE. 305.374.5300 a FAX. 305.377.6222
Ms. 'fer.esito ^e a.ndez
6, 2006
Page 2
As always, thank you .for your assistance. We look forward to the
Departments favorable recommendation. Should he have any questions or
comments, please do not hesitate to contact me.
Cc: Mr. Elanna Eltes
Dr. Gary Rosenbaum
Ben Fernandez, Esq.
Very truly yours,
elissa Tapanes Llahues, Esq.
ERCOW &-.DELL
roNiu Q. .A[.ep uSe.wn cs Eh�uteaoNnrt�taaat �<.0
/ ae
HEARING BOARDS
444 SW 2nd Avenue, 7th Floor • Miami, Florida 33130
Telephone 305-416-2030 • Fax 305-416-2035
www.ci.miami.fl.us
PUBLIC HEARING APPLICATION FOR
AMENDMENT TO THE ZONING ATLAS AND/OR OVERLAY DISTRICT
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 FOR CONDUCTIONGRECEIVESLOBBYING COMPENSATION,
REMUNERATION OR EXPENSESES TO
REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBY#NG
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.
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. 05-1 0-05
Ben Fernandez, Esq. and Melissa Tapanes Llahues. Esq. on behalf of Grape Associates, LLC,
hereby apply to the City Commission of the City of Miami for an amendment to the Zoning Atlas of the
City of Miami as more particularly described herein and in support of that request, furnish the following
information (see Article 22 of the Zoning Ordinance):
Address of property: 402 NE 36'" Street and 347 NE 35 Terrace, Miami, FL
2. Folio number: 01-3230-004-0060 and 01-3230-004-0050
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. At least two photographs that show the entire property (land and improvements).
5. 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.
6. A clear and legible copy of the subject property address and legal description on a separate sheet
of paper, labeled as "Exhibit A".
7. Affidavit and disclosure of ownership of subject property and disclosure of interest (see pages 4 and
5).
8. Certified list of owners of real estate within a 500-foot radius from the outside boundary of property
(see pages 6 and 7).
9. Present zoning designation(s): R-4 Multifamily High Density Residential and SD-20
Future zoning designation(s): C-1 Restricted Commercial and SD-20
10. Statement explaining why present zoning designation is inappropriate.
The property is ideally suited for professional office use as the property immediately abuts a C-1
property to the west, and is situated across the street from an entire block that allows for commercial
and office uses. In addition, the property on the SW corner of NE 36th Street and NE 5th Avenue was
recently approved a MUSP suggesting intense future development.
11. Statement as to why proposed zoning designation is appropriate.
The property immediately abuts a C-1 property to the west, and is situated across the street from an
entire block that allows for commercial and office uses. Further, the property fronts the entrance to I-
195, a major east -west thoroughfare linking unincorporated Miami -Dade County, Miami and Miami
Beach.
12. Is the property within the boundaries of a historic site, historic district or archeological zone
designated pursuant to Chapter 23 of the Miami City Code? (Contact the Preservation Officer at
the Planning Department (3rd Floor) at 305-416-1400 for information.} No.
Rev. 45-10-05 2
13, is the property within the boundaries of an Environmental Preservation District designated pursuant
to Chapter 17 of the Miami City Code? {Contact the Preservation Officer at the Planning
Department (3rd Floor) at 305-416-1400 for information.} No.
14. What is the acreage of the project/property site? 0.21 acres
15. What is the purpose of this application/nature of proposed use? To allow the
redevelopment of the property with a professional office use.
16. All documents, reports, studies, exhibits (8 1/2 x11") or other written or graphic materials to be
submitted at the hearing shall be submitted with this application and will be kept as part of the
record.
17. Other (Specify and attach cover letters explaining why any document you are attaching is pertinent
to this application).
18. Cost of processing according to the City Code:
Change of zoning classification: .15
CS, PR, R-1, R-2, per square foot of net lot area $
Minimum $ 635.00
R-3, R-4, 0, G/i, HP per square foot of net lot area $ .20
Minimum $ 750.00
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
Public hearing and public meeting mail notice fees,
including cost of handling and mailing per notice
Signatures Address 200 S. Biscayne Blvd. # 850
f
$ .25
$ 900.00
$ .30
$ 1,000.00
$ 3.50
Name Melissa Tapanes Llahues, Esq. Miami, Fl 33131
Telephone 305-377-6227 Date July v, 2006
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me Cc
day of July 2006, by Melissa
Tapanes Llahues, Esq, who is a(n) individuaifpartner/agenr►corporation ofs136itOiret Radell, PA a(n)
professional association. He/She is personally known tci me and who did not) take an oath.
(Stamp)
Rev. 05-10-05
Ana Hernandez
My Commission D0196837
Expires April 12, 2007
3
Signature
AFFIDAVIT
Before me, the undersigned authority, this day personally appeared Melissa Tapanes Llahues,
Esq. 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 their 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 accompanying petition, Cl including responding to day to day staff inquires;
not including responding to day to day staff inquiries in which case he/she should be contacted at
305-377-6227.
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.
Melissa Tapanes Llahues, Esq.
Applicant Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of July 2006, by Melissa
Tapanes Llahues. Esq, who is a(n) individual/partner/agent/corporation o Bercow & Radell, PA a(n)
professional association. He/She is personally known to r ae/ and who d (did nbt) take an oath.
(Stamp)
Ana Hernandez
My CammIsi on DDI 95837
au, Expires April 12, 2007
Signature
Rev_05-10-05
4
DISCLOSURE OF OWNERSHIP
1. Owner(s) of subject property and percentage of ownership. Note: The Miami City Code requires
disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a
presentation, request or petition to the City Commission. Accordingly, disclosure of shareholders of
corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses
and proportionate interest are required. (Please supply additional lists, as applicable.)
Owner's Name(es)
Gramme & Associates, LLP
Subject Property Address(es) 402 NE 36 Street. Miami. FL
Telephone Number
347 NE 35 Terrace, Miami, FL
2. Street address and legal description 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, as applicable)
Street Address
N/A
Legal Description
N/A
Owner or Attorney for Owner Name Okier or Attorney for Owner Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this 30 day of June 2006, by
who is a(n) individual]partner/agecorporation of
a(n) individual/partnership/corporation. He/She is personally known to me or who has
produced as identifiction and whoIdid (did not) take an oath.
(Stamp)
Asp
e My Commission DC195837
Expires Aprit 12, 2007
Sig°hature
Rev. 05-10-05
5
PROPERTY ADDRESS:
402 NE 36th STREET & 347 NE 35th TERRACE. MlAittli. 33137
DESCRIPTION
PARCEL 1'
The East 80 feet of Iot 4. teSs'th-e. South 40 feet of "JOHN F. COLLINS
PROPERTY TO BUENA VIS-TA" according to the Plat thereof as recorded in
Plat Book 1 at Page 53 of the Public Records of MIAMI - DADE toonty
Florida„ Less the North 15 feet thereof for Road Right of Way
A/Ic/Al
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 PROPEf?TrTO
BUENA. VISTA" acrord/ng ti) the Plat thereof. -as recorded in Plat Book 1
at Page 53 of the Public Re cords of MIAMI - DADE County, Florida..
AND
PARCEL 2
The South 40 feet of the East 70 feet of Lo-t 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 MIAMI - 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.
This instrument Prepared By:
Brian Pelzman, Esquire
Pelzmaa & Rusk, P.A.
Post Office Box 431677
South Miami, Fiorida 33243-1677
(305) 666-8821
After recording return to:
Ratner & Tobin
1800 Sunset Barbour Drive Suite #2
Miami Beach, FL 33139
111111111111111111111111111111111111111111111
CF1'4 2€=i05R0423073
OR Sk 23314 Pss 3057 P 3ia58 (?nss)
RECORDED 04/27/2005 12:51 :30
DEED DSC TAX 7?200 00
SURTAX 5r400,00
HARVEY RUVIHP CLERK OF COURT
3iIA11I DADS C1Mfl1TYr FLORIDA
Folio #: 01-3230-004-0060 (Parcel 1); 41-3230-004-0650.(Parcet 2)
WARRANTY DEED
THIS INDENTURE is made this 20th day of April, 2005, by and between Leonard Scott Feuer
atitla Leonard Feuer, with an address of 65 Northeast 106th Street, Miami Shores, FL 33138 (hereinafter
"GRANTQR") end Grape Associates, LLC, a Florida limited liability company ("GRANTEE") with an
address of 9455 Collins Avenue, Suite 14 902, Surfside, FL, 33154.
WITNESSETH
That said GRANTOR, for and in consideration of the sure of Ten Dollars and other good and
valuable consideration, the receipt of which is hereby acknowledged, hereby grants, bargains, sells and
conveys to said GRANTEES, their successors and assigns, all of his right, title and interest in and to a
certain parcel of real property situate in Miami -Dade County, Florida, located at 402 NE 36th Street and
347 NE 35 Terrace, Miami, FL 33137 and more particularly described as follows:
Parcel 1:
The East 80 feet of Lot 4, less the South 40 feet thereof, of JOHN F. COLLINS
PROPERTY TO BUENA VISTA, aecordiug to the Plat thereof as recorded in Plat
Book 1, Page 53, of the Public Records of Miami -Dade County, Florida, less the
North 15 feet thereof for street and sidewalk (also known as: The North 95 feet of
Lot 4 less 15 feet and less North 15 feet for street and less street right-of-way, JOHN
F COLLINS Subdtvlsion, as recorded in Official Records Book 1, Page 53 of the
Public Records of Miami -Dade County, Florida)
AND
Parcel 2:
The South 44 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, Page
53, of the Public Records of Miami -Dade County, Florida.
TOGETHER WITH (i) any and all structures and improvements on the Property; and (ii) ail
easements, rights of way, privileges, licenses, appurtenances and other rights and benefits belonging to,
running with the owner of, or in arty way related to the Property.
TO HAVE AND TO HOLD, the same in fee simple forever.
SUBJECT TO all restrictions, easements and limitations of record and taxes for the year 2005,
without intent to reimpose same.
Book23314/Page3057 CFN#20050423073 Page 1 of 2
1JF e,f< 23314 PG 30:8
LAST PAGE
AND Grantor covenants with Grantee that Grantor is lawfully seized of the Property in
simple; that Grantor has good right and lawful authority to sell and convey the Property;
that fully warrants the title to the Property and will defend the same against the lawful claims of all others and
that the Property is free of all encumbrances, except for the Permitted Exceptions.
The Property is not and has never been the homestead of Grantor. Grantor presently has no
homestead and presently resides at 65 Northeast 106th Street, Miami Shores, FL 33138.
WITNESS the GRANTOR has caused this deed to be executed the day and year first written
above at Miami, Miami -Dade County, Florida,
Cott Feuer
alk/a Leonard Feuer
WITNESS: 245)--C7
Print Narrte: 'o CO fia&'-`
STATE OF FLORIDA )ss
COUNTY OF MIAM[-DADE )
THEN PERSONALLY APPEARED BEFORE ME, an officer duly authorized to administer
oaths and acce t acknowledgments within the State of Florida, Leonard Scott Feuer afk/a Leonard
Feuer, who is well known to me or has produced a current Florida driver's license as adequate
photographic identification, did execute the foregoing Warranty Deed before me and did acknowledge
such execution as his free act and deed, individually and as trustee, before me.
WITNESS MY HAND AND OFFICIAL SEAL this 2e day of April, 2005 at Miami, Florida.
My Commission Expires: O - o - o
2
NAME: tryyr,� Ylurist�
No Public, State of Florid
[NOTARIAL SEAL]
Bryant S. Hansen
Commission llDD201712
s 6 Expires: Apr 09, 2007
`.:34 a ` Bonded Thru
Atlantic Bonding Co., Inc.
Book23314/Page3058 CFN#20050423073 Page 2 of 2
trice :111
ci
co
LOU'
3.r r7
ilar
'{ 0.00' (r8111) ▪ ▪ 7, 6,
OnPt-
E
on Ph
NE 36th STREET
(bu�05AL s?ICHT -OF-
erSP55LT F55551. i5rd; -
-£nst 80 leer of Lot '1
PARCEL I
SPUN LINE OF P5050L I
PARCEL 2
5.5 Sl9?S
3.
M TWO STORY a.es"-
csi
RES # 347
r F.35. i5'
.00' 6.70` r" 9'5U`�"_„
70.00' (r&m) 5' S15i5
NE 35th TERRACE
SO' TOTAL RIGHT-OF-WAY)
55' AsPsta,i PAVEMENT
01:55 Re5ar 1
;uo ra}r3
tee0'
F.I.P. 1f1" 0
LNo f EJ i
2'
5.
SSSSPROPY 135330,i
DESCNiia f1<7i'
S
N
The undersigned hereoy certifies that the two {2) parcels of land more
parlcuiarly described hereon are contiguous to each other along the
5outhlsoolhern}boundary of the first parcel and the North {northern]
boundary of the secwni parcel, without any gaps or gores_
There may be legal resbietiens on the subject property that are
not shown on the Map of Survey that may be found in the Public
Records of Miami -Dade County, or the records of any other
pobtic, and private addles as their jurisdictions may appear.
The Map of Survey is intended to be displayed at the stated
graphic scale in English units of measurement. Attention is
brought to the fact that said drawing may be a€{erect in scale by
the reproduction process
this survey was conducted for rite purpose of a BOUNDARY
SURVEY only and is not intended to delineate the regulatory
jurisdiction of any federal, state, regional or boat agency board,
commission or other entity.
Legal description was lurnished by the dient and verified by the surveyor
Legal Description subject to any dedications, limitations.
-F tJt';F restrictions. reservations or recorded easements.
if drown elevations arc referred to N.G_V 0, of 1929
Welt identified features as depicted on this survey and Wrap
were measured le zm estimated twrl0Untal positional accuracy of
100 foot unless otherwise shown.
ill v'OvE. INnC,RNSF.€NC-ON'.
' rrvo ra.j
E
(I -
LOCATION MAP (Nor ro scALE3
Phe elevations of well -identified features as depicted on this
survey and map were measured to an estimated vertical
positional accuracy of 1f10 bat tor natural ground surfaces
and 1/100 foot for hardscepo surfaces. inc}uding pavements,
curbs and other man-made features as may exist.
The surveyor makesno representation as to
ownership, possession or ocoupafion of the subject
property by any entity or individual_
Subsurface improvements and/or encroachments
within_ upon, across, abutting or adjacent to the
subject property were not located and are not shown.
Not valid without the signature and original raised
seal of a Florida Licensed Surveyor and Mapper.
Additions and deletions to this Map of Survey by
other than the signing party are prohibited without
the written consent of the signing party.
This Map of Survey has been prepared for the
exclusive use of the entities named herein and the
certification does not extend to arty unnamed party.
eiiPFicY 10:
SURVEYOR'S CF: €€5iCt:41 Jti
t hereby certifyThat this "BOUNDARY SURVEY" end the Map of
Survey resetting therefrom was performed under my direction and Is
true and correct to the best of my knowledge and belief aria further,
that said "BOUNDARY SURVEY' meets the intent of the "Minimum
Technical Standards for Land Surveying kn the Stale. of Florida",
pursuant to Rule 61Cx17-5 of the Florida Administrative Cade and its
rrnplemenfiny Ruie, Chapter 472,027 of the Florida Statutes,
tat „ r_., tE, ASSOGI,,3' S. INC
Florida Certificate of Authorization No. 325 6356
i
Oscar c Bwez-Cusido, P. t_S_
rt4sler Surveyor and flapper Ma. 5034
State y# 5lorida_
BAEZ, is ASS()C5It.,j..55,f',i.
Land Surveyors -{.and Planners
200E S.W. 83rd Court UAW FLORSIJrt 33155 04a6-2555
PHONE: (365)205-1002 FAX t305) 265-0508 1162aa0p5
04-19.2005