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HomeMy WebLinkAboutCC Application & Supporting DocsSumberg A. Vicky Garcia -Toledo Direct Dial: 305-350-2409 Direct Facsimile: 305-351-2233 E-malt: vgt@bilzin.com June 7.2006 VIA HAND DELIVERY fvls. Teresita Fernandez Chief, Hearing Board City of Miami Miami River Center, Seventh Floor 444 S.W. Second Avenue Miami, Florida 33130 Re: Letter of Intent Palorno Holdings Inc., & Luis & Mercy Palorno (the "Clients") 2149 SW 13 Avenue & 1292 SW 21 Terrace (the "Properties") Dear Ms. Fernandez: On behalf of our clients, we hereby submit 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 Properties. The purpose for these Applications is to assemble the subject Properties and several abutting lots (fronting Coral Way) that are currently under common ownership, with the same land use and zoning designation. The Clients have submitted plans for a specific residential project for the Properties — which have been reviewed by Planning Staff with positive design comments. The design of the project calls for a residential building tower over a parking pedestal, which is set back and lined with town house units. These town house units serve as transition space from the single family neighborhood to the north. Sincerely A. Vickyrarcia-Toledo cc: Ms. Anna Gelabert Roberto Laverina BILZIN SUMBERG BAENA PRICE & AXELROD LLP MIAMI 1080626.1 7593 420919 616-06 7:26 PM 200 3. Biscayne Boulevard, Suite 2500, Mar, i, FL 33131-5340 Tel 305.374,7580 305.374.7593 HEARING BOARDS 444 SW 2'd 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 MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 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 VVHO 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, O1-06-06 Section 62-32 Periodic review of the adopted comprehensive plan and adoption of evaluation and appraisal report of the Miami City Code states detailed information about Amendments to the Miami Comprehensive Neighborhood Plan. A. Vicky Garcia -Toledo, Esquire, P.A. ,as attorney for Luis & Mercedes Palomo, and Palomo Holdings Inc., hereby apply to the Miami City Commission for approval in accordance with Sec 62-32 of the Miami City Code, and in support of that request, furnish the following: Obtain signature or initial and date by the Planning Department designee prior to submittal. Address(es) and folio(s) of property: See Exhibit "A" 3. Current designation: Future designation: Single Family Residential Restricted Commercial 4. Has the designation of this property been changed in the last year? If so, when? No. 6. Do you own any other property within 200 feet of the subject property? No. If yes, has the property been granted a change in plan designation within the last year? 6. Two (2) 11" x 17" original surveys of the property Prepared by a State of Florida registered land surveyor within six (6) months from the date of the application_ 7. The property/location listed does not have any open code enforcement/lien violations. 8. At least two photographs that show the entire property (land and improvements). 9. 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. 10. A dear and legible copy of the subject property address and legal description on a separate sheet of paper, labeled as "Exhibit A". 11. What is the acreage of the project/property site? 0.27 Acres 12. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning Department on the 3`d Floor for information. No. 13. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning Department on the 3rd Floor for information. No. 14, If only filing this application and not a change of zoning, please submit a (an): a) Affidavit b) Disclosure of Ownership c) List of owners of property within 500 feet of the subject property Rev. 01-06-06 Telephone 305-350-2409 STATE OF FLORIDA COUNTY OF MIAMI-DADE 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. Ail documents, reports, studies, exhibits (8W x 11") or ether 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: Conservation, recreation, single family, duplex Residential medium density multifamily Residential high density multifamily, office, major public facilities, transportation/utilities Commercial/restricted, commercial/general and industrial Commercial (CBD) Surcharge for advertising each item Public hearing and ublic eeting mail notice fees, including cost of ha ti f f mailing per notice $ 300.00 $ 450.00 $ 550.00 $ 650.00 $ 1,200.00 $ 1,200.00 $ 3.50 Signature Address Bilzin Sumberg Baena Price Axelrod LLP Name A. Vicky Garcia -Toledo 2500 Wachrovia Financial Center 200 South Biscayne Boulevard Miami, Florida 33131 Date ': 1+ 2006 E-mail Address vgt(Cbilzin.com The foregoing was acknowledged before me this 7 day of June 2006, by A. Vicky Garcia -Toledo, Esquire, P.A., a corporation. She is personally known to e and did not take ark oath. t (Stamp) Signature TERESFFA L. FERNANDEZZ MY COMM]SS ON / DD' 06 52? EXFRES: January 6, 2006 Bonded htli Notary tuOtio tJrtestvettorg Ndsry public StFit6 al Flo Teresita L Fernandez 1v Commissipn DD486532 Cxc.lre 1)1/0612010 Rev. 01-00-06 WRITTEN CONSENT TO RESOLUTIONS TIONS OF THE BOARD OF DIRECTORS OF PALOM[) HOLDINGS, INC. The undersigned, constituting all of the members of the Board of Directors (the "Board") of PALOMO HOLDINGS, INC.., a Florida corporation (the "Corporation"), do hereby waive any and all requirements for notice of the time and place, and any special purposes, of a .meeting of the Board of the Corporation and do hereby consent, pursuant to the Florida Statutes Sections 607.0821, to the adoption of and do hereby adopt, the following preamble, resolutions and the actions specified herein: WHEREAS, l ilzin ,Steinberg Baena Price & Axelrod ILP, through its partner, A. Vicky Garcia -Toledo, Esquire P.A., ("Counsel") will be handling, on behalf of the Corporation, certain documents and applications, including, but not limited to, a public hearing application for an amendment to the Miami Coinprehensive Neighborhood Plan and a public hearing application for an amendment to the Zoning Atlas and/or Overlay District (collectively, the "Applications") with the City of Miami, and/or other governmental authorities, pertaining to the zoning, land use and platting issues of that certain property described on Exhibit "A" attached hereto; NOW, THEREFORE, BE IT RESOLVED, that the Corporation hereby authorizes, directs and empowers its Counsel to apply for, modify, execute and deliver the Applications and any and all documents required in connection with said Applications; on behalf of the Corporation; FURTHER RESOLVED, that Luis Palomo and/or Mercedes Palomo, in their capacity as officers of the Corporation, be and they hereby are, authorized, empowered and directed to take all such further actions and to execute and deliver all such further agreements, instruments and ether documents in the name and on behalf of the Corporation, that they, in their sole discretion, shall deem to be necessary, proper or advisable in order to fully carry out the intent and accomplish the purpose of the foregoing resolution and the transactions contemplated thereby; FURTHER RESOLVED, that the taking of any action or the execution and delivery of any document authorized by the foregoing resolutions in the name and on behalf of the Corporation, be, and it hereby is authorized and empowered to be deemed conclusive proof of the approval thereof by the Board of the Corporation; AND, FURTHER RESOLVED, that the authorities hereby conferred shall be deemed retroactive, and any and all acts authorized herein that were performed prior to the passage of these resolutions be, and they hereby are, approved, ratified and confirmed in all respects. [SIGNATURE PAGE FOLLOWS] MIAMI 1076444.i 7593425200 tO give them- consent hereto as of the day of IN WITNESS WHER'F,OF, the undersigned have executed this Written Consent in order .2006. LIJIU-ALO 45 1 RECTOR 4 -DES PALOMO DIE:�CTOR MIAMI 1076444.1 7593425200 AFFIDAVIT Before rne, the undersigned, this day personally appeared A. Vicky Garcia -Toledo, Esquire, P.A., as attorney for owners/applicants, who, being by me first duly sworn, deposes and says: That she is 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. That all owners whom she represents, if any, have given her full and complete permission for her to act in her behalf for the change or modification of a classification or regulation of zoning as set out in the foregoing petition, } including or ❑ 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 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. By: A. Vicky Garcia -Toledo, Esquire Attorney for Applicant STATE OF FLORIDA COUNTY OF MIAMI-DADE IR The foregoing was acknowledged before me this-7 day y of June, 2006, by A. Vicky Garcia -Toledo, Esquire, P.A., a corporation. She is personally known to me and did take an oath. Applicant Si ature (Stamp) Signature TEDESSTA i. Ei�NAN lEZ MY COMMISSION h vC 055527 EXPIRES January 6. 2006 acrwed Itru Notary Pu'UIC Undtnyti€Eft Temsija L Fern%ndtz Or•imrnis_sion 0D485532 a °� ^' it:`r }5/06i2010 Rev, 01-05-05 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) Luis & Mercy Palomo Subject Property Address(es) 1292 SW 21 Terrace Telephone Number 305.350.2409 E-mail Address vgt(bilzin.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 See Exhibit "C" See Exhibit '1C" A. Vicky Garcia -Toledo, P.A. Owner or Attorney Name STATE OF FLORIDA COUNTY OF MIAM€-DADE Owner or Attorney Signature 77 The foregoing was acknowledged before me this 7 day of June 2006, by A. Vicky Garcia -Toledo, Esquire, P.A., a corporation. She is personally known to me and did not take an oath. (Stamp) Signature hi6kC ublic $tale of Florida eresifa E. Fernandez My Commission DD486532 Expires 0110612 10 Rev. 01-06.06 DISCLOSURE OF OWNERSHIP 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 theft address(es) and proportionate interest are required. Please supply additional lists, if applicable. Owner's Name(es) Palomo Holdings Inc. (Ownership breakdown attached at Exhibit "B") Subject Property Address(es) 2149 SW 13 Ave. Telephone Number 305.350.2409 E-mail Address vgt(cbilzin.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 See Exhibit "C" A. Vicky Garcia -Toledo, P.A. Owner or Attorney Name STATE OF FLORIDA COUNTY OF MIAMI-DADE Legal Description See Exhibit "C" drney Signature The foregoing was acknowledged before me this day of June 2006, by A. Vicky Garcia -Toledo, Esquire, P.A., a corporation. She is personally known to me and did not take an oath. (Stamp) Signature N tary 6 Of Florida Torasita 1. Fernandez pt commission 00486532 expires 01/06/2010 Rev. 01-06-06 Exhibit "A" Property Addresses and Folios 1292 SW 21 Terrace / 01-4139-007-3380 2149 SW 13 Avenue / 01-4139-007-3390 Legal Descritiori Lots 11 and 12, Block 68 of EAST SHENANDOAH, according to the Plat thereof, as recorded in Plat Book 14, at Page 55, of the Public Records of Miami -Dade County, Florida. Rev. 01-66-O6 Exhibit "B Ownership Breakdown of Paiomo Holdings Inc_ OWNER Luis Paionao 50 Mercedes Palorno 50 Rev. 01-06-06 Exhibit "CU Property Owned by Luis & Mercy Palomo 1292 SW 21 Terrace / 01-4139-007-3380 Legal Description Lot 11, Block 68 of EAST SHENANDOAH, according to the Plat thereof, as recorded in Plat Book 14, at Page 55, of the Public Records of Miami -Dade County, Florida. Properties Owned by Palomo Holding Inc. 2149 SW 13 Avenue / 01-4139-007-3390 1267 SW 22 Street / 01-4139-007-3400 Legal Description Lots 12 to 16, Block 68 of EAST SHENANDOAH, according to the Plat thereof, as recorded in Plat Book 14, at Page 55, of the Public Records of Miami -Dade County, Florida. Rev. 006-06 This Instrurnent Prepared By: RAUL F. PINO, P.A. 2440 Coral Way Miami, Florida 33143 Grantee's SS# FOLIO NO: 0J-4139-007.33 S0 wf. uu t 2042•9pc 365 02R333037 2002 MAY 30 14:07 00CSTFOEE 1,770.00 SURTX 0.00 WARRANTY DEED HARVEY RUVINt CLERK DADE COUNTY Ft. (STATUTORY) EXECUTED, as of theday of May, 2002, by Grantor, JESUS A, NOCHEA and MIRNA NOCHEA, his wife, whose post office address is 4535 NW 133'4 Court, Miami, Florida 33182, in favor of, LUIS PALOMO and MERCEDES PALOMO, both i�rgle p,� rsons, as joint tenants with right of survivorship, whose post office address is �l� .& .2 f as-, 4 _T 3 IZ9 .,hereinafter called the Grantee. WITNESSETH: That the grantor(s), for and in consideration of the sum of$10,00 and other valuable considerations, in hand paid by Grantee, the receipt whereof Is hereby acknowledged, have granted, bargained and sold to said grantee, grantee's heirs and assigns forever, the following described land, situate, lying and being in Mlanit•I7ade,County, Florida, to•wit; Lot 1I, in Block 68, of EAST SHENANDOAH, according to the Plat thereof, as recorded In Plat Book 14, at Page 55, of the Public Records of Miami -Dade County, Florida. a/k/a: 1292 SW 21" Terrast, Mtjmt. Florida ,314.$ SUBJECT TO: Real Estate Taxes for the year 2002 and subsequent years and restrictions, conditions, covenants, limitations and easement of records, if any. and said grantor does hereby fully warrant the tide to said land, and will defend the same against the lawful claims of all persons whomsoever. REOF, We have hereunto set our hands and seals the day and year first above writte slivered ' our it:ress as to both GAntort Pri eiCrlea: Pri as to both Grantors voile pernirAz Name: STATE OF FLORIDA - COUNTY OF MIAMI-DADE ) s135/1/� / 4 OCHEA Ml' A NOCHEA s+ts+45(4C ooarc ceo+bscw rv, Ftaaex Pit cat) mkt rta 11ARVEY RUVIN CUM CMG t 1T COURT THE FOREGOING INSTRUMENT was acknowledged before me, th rim • lay. ofgy, 2002 . By. JESUS A. NOCHEA and 1JR.NA NOCHEA, personally known to me or who have produced Florida Driver's License, es identification, and who did take an oath, pC, arr�rt AL otorurT WI. iHRELLA RAMIREZ CI M rruMraa 4 CC740e44 My CONINis50H rrrr 1 JUNE 27,20a:. NOTAR BL C. STATE OF FLORIDA ono� °1J;`� �1 ►'J 19 7 6 6 PG, 2671 1'isis irtstrurr.cnt was prepared by: LAMES C. EVANS,. Catlin Sallon Tuttle Evans Fink & Kolski, P.A. 200CSTPDEE 615.60 SURTX 461.70 1700Alfred 1 DuPont iiuilding 169 Last Hagler Street Miami, Florida 33131 0 1.R.3w'2974 2001 JUL 19 15:15 k1A,RVEY Rtiv1N: CLERK DADE C0U:TYr FL FOR USE lit` RECORDING GFFICE QUIT CLAIM DEED This Quit Claim Deed, executed this 16111 day of July, 2001, between LUIS PALOMO and MSERCIIDES PALOMO, both single persons, whose post office address is 1267 Coral Way, Miami, Florida 33145-2965, of the County of Miann-Dade, State of Florida, first parry, to PALOMO HOLDINGS, INC., a Florida corporation, whose post office ailtin.'ss is 1267 Coral Way, Miami, Florida 331-15-2965, of the County of Miami -Dade, Stale of Florida, second party, (Wherever used herein the term "first party" and "second party" shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporation, wherever the context so admits or requires). Witnesseth, that said first patty, for and in consideration of the sum of 'Den and no/100ths Dollars (510.00), and other good and valuable considerations in hand paid by said second party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit -claim unto the said second party forever, aft the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Miami -Dade, Stale of Florida: Lot 12, in Block 6B, of EAST SHENANDOAH, according to the Plat thereof, as recorded in Plat Book 14, at Page 55, of the Public Records of Miami -Dade County, Florida. To Have And To Hold the same together with all and singular and appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity anti claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behoof of the said second t�artv.fa and Wit ss Wher'of, the said first party has signed and sealed these presents the day ve written our Presence: NAt,,K�SS-A`'` NAME: I:UlS.PALOMO CEDES PALOMO r coc r:144 ff ns�r urw'r..twon cc. ovE a,s LO IcOtAr �•r1 � , (`�` L . (Seal) ‘4, Seal) STATE OF FLORIDA: COUNTY OF MIAMI-DADE: I 1HEREBY CERTIFY that ors this 16th day before rne, an officer duly qualified to take acknowledgements, personally appeared LUIS PALOMO and MERCEDE5 PALOMO, both single persons to rase known to be the persons described in anti who executed the foregoing instrument and acknowledged before me that they executed the: same. IVITNESS my hand and seal in the County and State ias oresaid this 16th day of July. 2001, NAME: Notary Public, State of orit a My Commission Expires: Are