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HomeMy WebLinkAboutApplication & Supporting DocsHEARING BOARDS 444 SW 211d 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 ZONING ATLAS AND/OR OVERLAY DISTRICT 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 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 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. 01-06-06 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 Article 22 of the Miami Zoning Ordinance, 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: Please see Exhibit "A" 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. Present zoning designation(s): R-1 & SD-12 Statement as to why the present zoning designation is inappropriate. The present zoning designation is inappropriate as it is inconsistent with the surrounding properties Future zoning designation(s): C-1 Statement as to why the proposed zoning designation is appropriate. The request for a change in Land Use and Zoning designations are appropriate as such changes are consistent with all abutting properties fronting Coral Way, and under the same ownership. Further, a Class II Special Permit shall be submitted with a project specific design for the site. The property/location listed does not have any open code enforcement/lien violations. At least two photographs that show the entire property (land and improvements). 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. A clear and legible copy of the subject property address and legal description an a separate sheet of paper, labeled as "Exhibit A". Affidavit and disclosure of ownership of the subject property (see pages 4 and 5). Certified list of owners of real estate within 500 feet of the subject property (see pages 6 and 7). What is the acreage of the project/property site? 0.27 Acres Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning Department on the 31d Floor for information. No. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning Department on the 3`d Floor for information. Noe Rev 01-06-06 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 All documents, reports, studies, exhibits (8 1/2 x11 ") or other materials to be submitted at the hearing shall be submitted with this application and will be kept as part of the record. Cost of processing according to Section 62-156 of the Miami City Code: Change of zoning classification: CS, PR, R-1, R-2, per square foot of net lot area $ .15 Minimum $ 635.00 R-3. R-4, 0, Gil, HP per square foot of net lot area $ .20 Minimum $ 750.00 C-1, C-2, !, 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 d mailing per notice Signature Name A. Vicky Garcia -Toledo t Telephone 305-350-2409 STATE OF FLORIDA COUNTY OF MIAMI-DADE $ .25 $ 900.00 $ .30 $ 1,000.00 $ 3.50 Address Bilzin Sumberg Baena Price Axelrod LLP 2500 Wachovia Financial Center 200 South Biscayne Boulevard Miami, Florida 33131 Date May 6, 2006 E-mail Address vgt(bilzin.com The foregoing was acknowledged before me this 6th day of May, 2006, by A. Vicky Garcia -Toledo, Esquire, P.A., a corporation. She is personally known to me and did not),aken oath. (Stamp) Signatur P, CAROL 5O NNEM.A Y COMMISSION * DC 18260g EXPIRES = February 4, 2007 Dydad Thm P-1-qzedinsveAger.;,. Rev. 01-06-06 AFFIDAVIT Before me, 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: 1. 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. 2. 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, 1< including or 0 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 Applicant Sig tore The foregoing was acknowledged before me this day of 2006, by A. Vicky Garda -Toledo, Esquire, P.A., a corporation. She is personally known to me a e--cliel-dot ale th. f` (Stamp) Signatu EPEES: February 4, 2007 ` c:t4r0 TFJ Pa and risuranr. Apoly 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) Luis & Mercy Palomo Subject Property Address(es) 1292 SW 21 Terrace Telephone Number 305.350.2409 E-mail Address vqt a(�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 "C" A. Vicky Garcia -Toledo, P.A. Owner or Attorney Name Owner or Atorney Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this ` j day of l 2006, by A. Vicky Garcia -Toledo, Esquire, P.A., a corporation. She is personalty knowno me and d not take an oath. (Stamp) Signature/ OAROLBQ NEMA COMMISSION 0 OD 132£ EXPIRES: Feblaw4; 2007 1 Tay; F142rd inwarai Agency 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 their 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 vgtbilzin.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" Owne The foregoing was acknowledged before me this day of Esquire, P.A., a corporation. She is personally known to me and d?d of take an oath. orAttorney Signature (Stamp) Signa 2006, by A. Vicky Garcia -Toledo, C iA " COMMISSION 4 )D 182 EXPIRES; February 4, 2007 9 Th s Pic;ard insurameAgent. Rev. 01-06-06 WRITTEN CONSENT TO RESOLUTIONS OF THE BO.A.RI) OF DIRECTORS OF PALOMO 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 ail 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, Bilzin Sumberg Baena Price & Axelrod LLP, 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 Comprehensive 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 Miaz:n.i, 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 other 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] MIAMJ 1076444.1 7593425200 IN WITNESS WIIERk OF. the undersigned have executed this Written Consent in order to give their consent hereto as of the f, day of t , 2006. LUIS,--PALOMO `. --15.1RECTOR DES PALOMO DIRECTOR MIA M 11076444.1 7593425 200 AFFIDAVIT Before me, 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: I. 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. 2. 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, X including or 0 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 Applicant Siature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me thisday of June, 2006, by A. Vicky Garcia -Toledo, Esquire, P.A., a corporation. She is personally known to me and did�take an oath. \, (Stamp) Signature i sitA L FERNA ;DE AY COMMISMN EX) 055527 EXPIRES: w .n a 204)6 rere 5,it: L Fernandez 4 ion DDii86532 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 Description 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. 01-06-06 Exhibit °B" Ownership Breakdown of Palomo Holdings inc. OWNER Luis Palomo 50 Mercedes Palomo 50 Rev, 01 06-06 Exhibit "C" 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. 01-06-06 This Instrument Prepared By; RAUL F. PINO, P.A. 2440 Coral Way Miami, Florida 33143 Grantee's SS# FOLIO NO: 01.4139.007.3380 11.1 2042961365 02R333037 2002 11AY 30 14:09 DQCSTPDEE 11770.00 SURTX 0,00 WARRANTY DEED HARVEY RUVIN CLERK DADE COUNTY FL (STATUTORY) EXECUTED, as of the day of May, 2002, by Grantor, JESUS A. NOCHEA and MIRNA NOCHEA, his wife, whose post office address is 635 NW 133'' Court, Miami, Florida 33182, in favor of, LUIS PALOMO and MERCEDES PALOMO, both singlepp rsons, as Joint tenants with right of survivorship, whose post office address is !'4Z <A.v ?l xr . Nt.'ij, / c . 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 Miami -nape e County, Florida, to•wir Lot 11, 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, alk/a: 1292 $W 2.1" Terrace. Miami. Florida ,��i' 145 SUBJECT TO: Real Estate Taxes for the year 2002 and subsequent years and restrictions, conditions, covenants, limitations and easement of records, if any. and said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. I ► {' TNESS • ' REOF, We have hereunto set our hands and seats the day and year first above writte S etivered our ence: Muss as to both Contort Pri as to both Clrantors tr4Ii9 Pemirt , Name: STATE OF FLORIDA - COUNTY OF MIAMI-DADE ) eAr OCHEA THE FOREGOING INSTRUMENT was acknowledged before me, 1Eti$ 6, NQCHEA gad MIRNA NOCHF j, personally known to me Driver's License, as identification, and who did take an oath. aria;ROOwrW.i. Y � & MRELI A RAMIREZ t oYMi iOsi man 00749.44 JUNE 27,20J _ OTOOC►vouvrr, RoaCA R*COMO v!R ID HARVEY RUVIN CLERX CROW cot y of MRy. 2002 Jay. or who have produced Florida NO AR : BL . STATE OF FLORIDA air 4°� �i�=� 1 , EC 19788 PG. 2671 This instrument was prepared by: JAMESC.EVANS,ESQ. Catlin Saxon Tuttle Evans Fink 6r t:otski, P.A. 1700 Alfred I DuPont building 169 East Hagler Street Miami, Florida 33131 01R3132974 2001 JUL 19 15:15 OOCSTF'EE 615.60 5URTX 461.70 1ARVEY RUVIM, CLERK OADE COU?1TYe FL FOR USE 13Y RECORDING OFFICE QUIT CLAIM DEED This Quit Claim Deed, executed this 16th day of July, 2001, between LUIS PALOMO and MERCEDES PALOMO, both single persons, whose post office* address is 1267 Coral Way, Miami. Florida 33145.2965, of the County of Miami -Dade, State of Florida, first party, to PALOMO HOLDINGS, INC., a Florida corporation, whose post office address is 12,67 Coral Way, Miami, Florida 33145-2965, of the County of Miand-Dade, State 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 party, for and in consideration of the sum of Ten 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, all 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, State of Florida: Lot 12, 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, 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 and claim whatsoever of the said first party, either in kw or equity, to the only proper use, benefit and behoof of the said second part}',.fore ant Si NAM SS WherOf, the said first party has signed and sealed these presents the day ve written. RUMR0 Wpi+[;iµ hECUMA txti. Dfrww avapo v...teNPP. ur Presence: a`Gov./ it° HARVEY cum CROW)" OURT - (Seas) R % LtJIS.PALOM0 -AME NAMg fe STATE OF FLORIDA: COUNTY OF MIAMI-DADE: �✓�' t e (,G04,/ rL r seat) CEDES PALOMO I HERESY CERTIFY that on this 16th day before nie, an officer duly qualified to take acknowledgements, personally appeared LUIS FALOMO and MERCEDES FALOMO, both single persons to me known to be the persons described in and who executed the foregoing instrument and acknowledged before me that they executed the same. WITNESS my hand and seal in the County and State las aforesaid this 16th day of July, 2001. NAME: Notary Public, State of grit a My Commission Expires: