Loading...
HomeMy WebLinkAboutCC Application & Supporting DocumentsBE.RCOW RADELL & FERNAN DE mc7,1,41INA I AI 1 LJSE. A. NJ ENVIStC) TAL LAW DIRECT LINE: (305) 377-6227 E-h1AIL: mtapanes©brzaninglaw.corre 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, Miaritl, 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-20.1. 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 I.1.95 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 0 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI, FLORIDA 33131 PHONE. 305.374,5300 o FAX. 305,377.8222 Ms. "l"er =sita Fernar dez July 6, 2( )6 Page:! 2 As always, thank you for your assistance. We look forward to the Department's favorable recommendation. Should he have any questions or comments, please do not hesitate to contact tne. Cc: Mr..Elanna El.tes Dr. Gary Rosenbaum Ben Fernandez, Esq. Very- truly yours, elissa Tapanes Llahues, Esq. ELL 03,/U1ob HEARING BOARDS 444 SW 2rid Avenue, 7th Floor • Miami, Florida 33130 Telephone 305-416-2030 * Fax 305-416-2035 www.ci.miarni.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 WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES T Y COLERKCTING LOBYING PRIOR TOENGAGING INl LOBBYING ES ACTIVITIESREGISTER AS A LOBBYIST WITH THE C ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE AVAILABLE AMERICANOFFICE DR VE,OF MlAMI,THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 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 I, Ben Fernandez, Esc. and Melissa Tapanes t_iahues, Esq. on behalf of Grape Associates, L.LC, 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): 1. Address of property: 402 NE 36th Street and 347 NE 35 Terrace, Miami, FL 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-20.1 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 properly 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 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. 05-10-05 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 (3`° 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 Y2 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: 5 CS, PR, R-1, R-2, per square foot of net lot area $ 835 115 Minimum R-3, R-4, O. Gll, 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 $ .25 $ 900.00 $ .30 $ 1, 000.00 Public hearing and public meeting mail notice fees, 3.50 including cost of handling and mailing per notice$ 7-1 7/ Signature , r ' Address 200 S. Biscayne Blvd. # 850 Name Melissa Tapanes Llahues, Esq. Telephone 305-377-6227 Date July , 2006 STATE OF FLORIDA COUNTY OF MIAMI-DADE Miami, FI 33131 r The foregoing instrument was acknowledged before me .-� day of July 2006, by Melissa Tapanes Llahues, Esci. who is a(n) individual/partner/age • corporation of cow e Radell, PA a(n) professional association. He/She is personally known te/ me and who did not) take an oath. (Stamp) Rev. 05-10-05 Afla Hernandez My Commission 1)0196837 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: 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, 0 including responding to day to day staff inquires; 0 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 At nignature 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) individualipartnerfagentfcarporation cif-Bel:cow & Radell, PA a(n) professional association. He/She is personally known to me and who didf(did rot) take an oath. (Stamp) e Hernandez Commission D0195837 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) Grape & Associates, LLP 100% Elanna E i tps Subject Property Address(es) 402 NE 36 Street, Miami, FL 347 NE 35 Terrace, Miami, FL Telephone Number 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 O+,iner or Attorney for Owner ignature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of June 2006, by who is a(n) individuallpartnerlagenticorporatlon of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identificand-who did (did not) take an oath. (Stamp) Ma Hernandez • My Commission DIMP5837 Of Expires April 12, 200i Signature Rev. 05-10-05 5 PROPERTY -ADDRESS 402 NE 36th STREET & 347 E 35th TERRACE., M=A, L FL... 331 37 DESCRIPTION PARCEL I The East 80 feet of lot 4, I -Ss the South 40 feet 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 MAW - DADE to:.unty Florida., Less the North 15 feet thereof for Road R; ht of Way A j ltlf The North 95' feet of Lot 4 Less the West 15 fee and Less the North #& 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 fMM/AMi - DADE County ; Florida. AND PARCEL 2 The South 4 feet of the East 70 feet of Lot 4 of'JCi lr f F. COLLINS PROPERTY- TO BUENA VIS o A " according to the Plat thereof as recorded in Plat Book 1 at Page 53 of the Public Records of I1 IAll l - 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 Pe1zr:n, Esquire 1'elzman & Ruska, P.A. Post Office Box 431677 South Miami, Florida 33243-1677 (305) 666-8821 After reeording regalia tee: Ratner & Tobin 1800 Sunset Harbour Drive Suite #2 Miami Beach, FL 33139 Folio #: 01-3230-004-0060 (Parcel 1); 013230-004-0050.(Parcei 2) 111111111111111111111111111111 i 1111111111111 CFH 2 1O 5RO423D7 3 OR k 23314 1~ss 305? - 3058; €2pss') RECORDED 04/27/2005 12:51:30 DEED DOC TAX 7}20€.,0Q SURTAX 5t400.00 HARVEY RUVIl1+ CLERK OF COURT 111ANI-0A0E COUNTY, FLORIDA WARRANTY DEED THIS INDENTURE is made this 20th day of April, 2005, by and between Leonard Scott Feuer atirla Leonard Feuer, with an address of 65 Northeast 106u' Street, Miami Shores, FL 33138 (hereinafter "gRAN,T©$") and Grape Associates, LLC, a Florida limited liability company ("GRAN EE") with air address of 9455 Collins Avenue, Suite # 902, Surfside, FL 33154. WITNES$ETH That said GRANTOR, for and in consideration of the sum 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 3313'1 and more particularly described as follows: Parcel l: The East 80 feet of Lot 4, less the South 40 feet thereof, 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, less the North 15 feet thereof for street and sidewalk (also known as: The North 95 feet of Lot 4 leas 15 feet and less North 15 feet for street and less street right-of-way, JOHN F COLLINS Subdivision, as recorded in Official Records Book 1, Page 53 of the Public Records of Miami -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, Page 53, of the Publie Records of Miami -Dade County, Florida. TOGETHER WITH CO any and all structures and improvements on the Property; and (ii) all easements, rights of way, privileges, licenses, appurtenances and other rights and benefits belonging to, running with the owner of, or in any 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. 800k233141Page3057 CFN#20050423073 Page 1 of 2 OR Sty 2 3Z 14- PG :305,, LAST PAGE AND Grantor covenants with Grantee that Grantor is !awfully seized of the Property in fee simple; that Grantor has good right and lawful authority to sell and convey the Property; that Grantor 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 afkfa Leonard Feuer WITNESS: Print Name: WITNESS: Print Natne. STATE OF FLORIDA ) ss COUNTY OF MIAMI-DADE ) THEN PERSONALLY APPEARED BEFORE ME, an officer duly authorized to administer oaths and accept acknowledgments within the State of Florida, Leonard Scott Feuer afkla 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 20`h day of April, 2005 at Miami, Florida. My Commission Expires: 0q nq - 0 2 NAME: tr S , \141i4t" NQtarPublic, State of Florid [NOTARIAL SEAL] Bryant SHansen Commission fDD201712 , Expires: Apr 09, 2007 '.,?1t,4p ,�' Banded Thru +"4"'z Atlantic Bonding Co., rnc. 600k23314IPage3088 CFN#20050423073 Page 2 of 2 IO,OO' E 0 a On Pt P. G\ ..................... NE 36th STREET t 1 TOTAL RiGHfl-OF r�jr�l;j A:iT 143tiEr-IE4: .. ::A6 a GJS_5k 80.00' (r&an) Coral • East 6614atol Lai d PARCEL PARCEL 2 1 0 il&i'I ril:J06 FENCE tiny USED n TWO STORY .ny RES 1f 347 E!.J 1L 5' unto n , r~ 50 r 15,50' :60' 6.70'11 5 Sws NE 35th TERRACE (SO' TO f AL NIGHa Or ti6_r) SKETCH r uIt V Gl+r(1141470 , {M1o. 1.0 i f. 0 3' z i.616:6 lno 16-i -if 2' -52' 1rz4 1 inn_ {,J J Z 05 Scale 1,20 P555E':/5T' €)L-;i1;KIE71f)N The undersigned hereby certifies that the two (2) parcol9 of land more particularly described ilereorr are contiguous to each other along the Southjsoufhernjboundary of the first parcel and the North jnorthernj boundary of the second parcel, without any gaps or gores_ There [nay he legal restrictions on the subject property that are not shown on the Map of Survey that inay be found in the Public Records of Miami -Dead County, or the records of any other public and I1rivale entities as their jurisdictions may appear. The Map of Survey is latended to be displayed al the stated graphic state in Engfish units of measurement, At -tendon is brought to the fact that said drawing maybe altered in scale by the reproduction process This survey was conducted for the purpose of a BOUNDARY SURVEY only and is nal intended to delineate the regulatory jurisdiction of any federal, state, regional or local agency board, enmmission or other entity. Legal description was furnished by the cheat and verified by the surveyor legal Description subj0cl to any dedications, limitations, te5trio110n5, re0erya3or=e or recorded easements. if shown elevations are referred to N.G.V_D- of 'i925 V0ell-ldeitOlied features as depicted on this survey and map were measured to an estimated horizontal positional accuracy. of 1/10 foot unless otherwise shown. ZONE. 1WeuiiiviArion: 5N' 100.90' 1/-&a) LOCATION MAP (NOT TO SCALe, T/:e elevations of well -identified features 05 depicted on this survey and map were measured to an estimated vertical positinnai accuracy of 1110 fool for €laturai ground surfaces and 1!100 foot for hardscape surfaces, including pavements. curbs and other man-made features as may exist. The surveyor makes no representation as to ownership, possession or occupalon of the subject properly by any entity or individual. Subsurface improvements andfor encroachments within. upon, across, abutting of adjacent to Ole subject property were net located and are net 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 heroin and the certification does not extend to any unnamed parry. Cati'rr5 1 11-tii1VE70h i,55ITIFHC gm• I hereby certify That this BOUNDARY SURVEY` and the Map of Survey resulting therefrom was performed cruder my direction and Is true and correct to the best of my knowledge and belief and further, that said 'BOUNDARY SURVEY" meets the intent of the "Minimum Technical Standards for Land Sutvey(ny in the State of Florida", pursuant to Rule 61 G17-6 of the Florida Administrative Code and its implementing Rule, Chapter 472,027 of the Florida Statutes, Florida Certificate of A1fftorization No. LB 6356 Oscar c 89e2-Cusitlo, R L d __... Rscsler/! Surveyor and € lappor No. .0014 Slate of Florida. Land Surveyors - Land P€ar hors 2000 SW- 830d Court 1511AM1, FLORIDA 33155 PHONE: (305) 265-1002 FAX: (305)265-0505 04 10-'005 0s-to-:'Se5 05•2rf•200o 11Yaaiea