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HomeMy WebLinkAboutZB Application & Supporting DocsHEARING BOARDS 444 SW 2"a 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 ORDNANCE 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. 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 I, 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 36t 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 dear 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.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 (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. Ali documents, reports, studies, exhibits (8 '/z 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 $ 635.15 Minimum R-3, R-4, 0, 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 Signature Address 200 S. Biscayne Blvd. # 850 Name Melissa Tapanes Llahues, Esq. Miami, FI 33131 Telephone 305-377-6227 Date July 6, 2006 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me • - _ ' day of July 2006, by Melissa Tapanes Llahues, Esq. who is a(n) individuallpartnerfa • e. 1corpor` tion of cow* Radell, PA a(n) professional association. He/She is personally known • me and who did : 4 not) take an oath. (Stamp) Rev. 05-10-05 ogr Ana Hernandez = . Thy Commission 0t195837 ore Signatu ," Expires April 12, 2007 3 AFFIDAVIT Before me, the undersigned authority, this day personally appeared Melissa Tapanes Liahues, 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, El 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 Aic'nt'Signature The foregoing instrument was acknowledged before me this day of July 2006, by Melissa Tapanes Liahues, Esq, who is a(n) individual/partner/agentlearporation o7Bcow & Radell, PA a(n) professional association. He/She is personally known to n7t and who didi(did not) take an oath. (Stamp) Riiks Ana Hernandez My Cc ission D0195837 dr 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 F 1 tes 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 Owner or Attorney for Owner Name STATE OF FLORIDA COUNTY OF MIAMI-DADE Legal Description N/A Owner or Attorney for Owner Signature The foregoing instrument was acknowledged before me this day of June 2006, by who is a(n) individual/partner/a corporation of a(n) individuallpartnership/corporation. He/She is personally known to me or who has produced as identification and::whoidid (did not) take an oath. t (Stamp) "f Ana Hernandez f My Commission 00195837 %,F,Lti Expires April 12, 2007 Signature Rev. 05-10-05 5 PROPERTY ADDRESS: 402 NE 36th STREET & 347 .NE 35th TERRACE, MIAMI, FL. 33137 DESCRIPTION PARCEL 1- The East 80 feet of iot,-1, le7Ss'the Sotith.40 feet of "JOh'N 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 MIA/WI - DADE tcunty Florida,, Less the North 15 feet thereof for Road piatit of Way A/k./Al The North 95feet of Lot 4 Less the West 15 feet and Less the North feet for Right of Way Purposes of "JOHN F. COLLINS PROPERTYTO BUENA VISTA" according 13 the Plat thereof as recorded in Plat Book 1 at Pao e 53 of the Public Records of MIAMI - DADE County., Florida. AND PARCFL 7 The South 40 feet of the East 70 feet of Lot 4 of "JOHN F. COLLINS PROPERTY TO BUENA VISTA" according to the Pia, 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. State of Florida Department of State I certify from the records of this office that GRAPE ASSOCIATES, LLC is a limited liability company organized under the laws of the State of Florida, filed on April 19, 2005, effective April 1.9, 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 my hand and the Great Seal of Florida, at Tallahassee, the Capital, this the Sixth day of July, 2006 '5—v-46- IA. Ce66 Secretary of State Authentication ID: 800077081858-070606-L05000038220 To authenticate this certiticate.visit the following site, enter this ID, and then follow the instructions displayed. www.sunbiz.argfauth.html This lnstrunnent Prepared By_ Brian Pelman, Esquire Pelzman & Ruska, P.A. Post Office Box 431677 South Miami, Florida 33243-i 677 (305) 666-8821 After recording return to: Ratner & Tobin 1800 Sunset Harbour Drive Suite #2 Miami Beach, FL 33139 Folio #: 01-3230-004-0060 (Parcel 1); 0)-3230-004-0050.(Parcel2) I I1lIll h111I 1111I 1fIIJ 1111111111 I1111 lilt 1111 CFH 2o05RO4.23O73 OR tit 23315 Fss 33057 - 3058; (2pss) RECORDED 04/27/2005 1215030 DEED DOC TAX 7r200,00 SURTAX 5r400.130 HARVEY RUVIhr CLERIC OF COURT MUNNI-DADE COUNT'(, FL0Rl0A WARRANTY DE D THIS INDENTURE is made this 20th day of April, 2005, by and between Leonard Scott Feuer afhfa Leonard Feuer, with an address of 65 Northeast 106th Street, Miami Shores, FL 33138 (hereinafter "GRANTOR") and Grape Associates, LLC, a Florida limited liability company ("GI4ANTE") with an address of 9455 Collins Avenue, Suite # 902, Surfside, FL 33154. WITNESSETH That said GRANTOR, for and in consideration of the sum of Ten Do/Lars 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, 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 lees 15 feet and less North 15 feet for street and less street right-of-way, 3O1IN F COLLINS Subdivision, as recorded in Official Records Book 1, Page 53 of the Public Records of Miami -Dade County, Florida) A:NA 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 Public Records of Miami -Dade County, Florida. TOGETHER WITH (i) any and all structures and improvements en 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 l-IAVE 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 OR L3Kv 23314 PG 305S LAST PAGE AND Grantor covenants with Grantee that Grantor is lawfully seized of the Property in fee simple; that Grantor has good right and lawful authority to self 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 106t 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. par Cott Feuer aikla Leonard Feuer WITNESS: --" Print Name: r fc STATE OF FLORIDA ) s 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 Wu 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 2011 day of April, 2005 at Miami, Florida. My Commission Expires: OM- oq - o - 2 NAME: No . - Public, State of Florid [NOTARIAL SEAL] �,,,��� Bryant S. Hansen ' ': Commissien4DD201712 Expires- Apr 09, 2007 "•.;• ?o� c!. banded Thu Atlantic Bonding Co., inc. Book23314/Page3O58 CFN#20050423073 Page 2 of 2