HomeMy WebLinkAboutApplication & Supporting DocsHEARING BOARDS
444 SW 2n° Avenue, 7m Floor * Miami; Florida 33130
Telephone 305-416-2030 • Fax 305-416-2035
vwww.m,amigov.comihear nq boards
PUBLIC HEARING APPLICATION FOR AN
AMENDMENT TO THE ZONING ATLAS AND/OR OVERLAY DISTRICT
Welcome to Hearing Board& 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.
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.
Ordinance No. 12918 states that each person or entity requesting approval, relief or other action from the City
Commission or any of its boards, authorities, agencies, councils or committees regarding any issue, shall disclose
at the commencement (or continuance) of the public hearing(s) on the issue, any consideration provided or
committed, directly or on its behalf, for an agreement to support or withhold objection to the requested approval,
relief or action, The Disclosure of Consideration Provided or Committed for Agreement to Support or
Withhold Objection Affidavit included in this package must be submitted with the application. The applicant
must, at the commencement of any public hearing on the issue, if there is any disclosure to report, read the
disclosure into the record. Also, the applicant must supplement the affidavit if there is any new information or
additional information to disclose.
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, and on the fifth day, at 12:00 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. 09-04-07
I, Gilberto Pastoriza end Estrellita Sibila on behalf of Elite Construction & Development nc.,
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:
1. Obtain signature or initial and date by the Planning Department designee prior to submittal,
2. The property/location listed does not have any open code enforcement/lien violations.
3. Address(es) and folio(s) of property: 3528-3530-3586 NW 36 Street folio numbers 01 312
014-0070; 01-3128-014-0060; 01-3128-014-0080
4. Two (2) 11x17" original and one (1) 8 1/2 x 11 copy of the survey of the property prepared by a
State of Florida registered land surveyor within six (6) months from the date of the application.
5. Present zoning designation(s): C-2
Statement as to why the present zoning designation is inappropriate:
We are utilizing the present zoning classification. This request is to modify the present zoning
classification with an SD-19 overlay district, see below.
6. Future zoning designation(s): C-2 with SD-19 Designated F.A.R. Overlay District — FAR 2.1
Statement as to why the proposed zoning designation is appropriate:
The existing FAR is not sufficient to accommodate the proposed retail/residential development.
The increased FAR will be used to increase the size of the proposed residential units an
average of 125 sq. ft. per unit, while keeping the density well below what the Code allows (112
units proposed/127 units permitted).
7. At least two photographs that show the entire property (land and improvements).
8. 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.
9. A clear and legible copy of the subject property address and legal description on a separate
sheet of paper, labeled as "Exhibit A" to coincide with the current survey's legal description,
10. Affidavit and disclosure of ownership of all owners and contract purchasers of the subject
property (see pages 4 and 5).
11. Certified list of owners of real estate within 500 feet of the subject property (see pages 6 and 7).
12. What is the acreage of the project/property site? 37,125 sq ft (0.85 acres)
13. 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
14. Is the property within the boundaries of an Environmental Preservation District? Please contact
the Planning Department on the 3rd Floor for information. NO
15. For corporations and partnerships indicated, the following documents are to be submitted:
a) Articles of Incorporation;
b) Certificate from Tallahassee less than one (1) year old showing good standing;
Rev. 09-04-07 2
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) Non-profit organizations: A list of Board of Directors less than one (1) year old.
16. A11 documents, reports, studies, exhibits (8 A 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.
17. Cost of processing according to Section 62-156 of the Miami City Code*:
Change of zoning classification to:
a, CS, PR, R-1, R-2, per square foot of net lot area $ .15
Minirnurn $ 635.00
b. R-3, R-4, 0, Gil, HP per square foot of net lot area
Minimum
c. C-1, C-2, 1, per square foot of net lot area
Minimum
d. CBD and ail 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
.20
$ 750.00
$ .25
$ 900.00
$ .30
$ 1,000.00
$ 3.50
*Pursuant to Ordinance 12719, all planning and zoning fees in excess of $25, 000.00, shall be
paid in the form ofa.-ee tified check, cashier's check, or money order.
Signatur
Address
2525 Ponce de Leon Blvd, #700
Name Gilberto Pastoriza, Esq. Miami, Florida, 33134
Telephone 005) 854-0800
E-mail gpastorizawsh-law.com
The application submittal date is the date stamped by Nearing Boards' staff on the front
page.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this day of 08, by
Gilberto Pastoriza, Esq. who is a(n) agent of Elite Construction & Development, Inc. He is
personally known to me or who has produced as identification and who did
(did not)ake an oath.
(Stamp) Signatur:t
K MARILYN SOMODEVILLA
COMM.SSI N 4 DD 704936
EXPIRES: September n, 2011
e =.o a`+R4dert Thai Euttget Notary Sen7css
Rev. 09-04-07 3
N
The undersigned hereby certifies that ile is the President Elite Construct ior and Deve c� tram
Inc, a corporation for .profit existing under the laws of the State of Florida (the "Corporation'°),
that the following is a tr ufa. and correct copy of the resolutions adopted by the its shareholders at a
meeting he on, at the offices of th. ° Corporation,
RESOLVED by shareholders t f' this Corporation that the
Corporation consents to a;sd joins in the Iilintg -vitl.l the City of Miami
a special exception and rezoning application for the properties located
at 3528-3530- 58'6 - W 36 Street, Miami_ Florida (the "Applications");
and be it
FURTHER RI SOL,V1.i) that Gilberto Pastorirtt. f�scl., Estrellita Sibila.
Esq. and Tony Recio 1?sq. of' the law firm of Weiss Se:rota Helfman
Pastoriza et al, arc authorized, directed and empowered to execute any
and all applications, p titions, and other documents pertaining to the
Applications.
The adoption of said resolution was in all aspects legal; and that said resolutions are in full force
and effect and have not been modified or rescinded.
Dated this d.ax of'ltl)0;.
ELITE CC
DFVFLO
for profi
State of Florida
County of Miami -Dade
I HEREBY CERTIFY- THAT on this day, before me,
acknowledgments, personally appeared Hiram Collazo, the
Development, Inc, a Florida corporation for profit.<t me
identification in the form of
resolution and ac-lcnowieded before me that he executed
expressed.
FRUCTJON AND
orida corporation
an officer duly qualified to take
'resident of Elite Construction and
personal known [ ] or produced
, and who executed the foregoing
the same for the purposes herein
.WITNESS my hand and sea1 its the county and state cast aforesaid, this ��-L.' day of
. 2008.
Signature o lotary
AFFIDAVIT OF AUTHORITY TO ACT
Before me, the undersigned, this day personally appeared Gilberto Fastoriza Es
who being by me first deposes and says:
That he 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 who he represents, if any, have given his/her 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 foregoing petition, 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 he is the 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.
Gilberto Pastoriza
Legal Representative Name Legal Representative Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this day off 001, by
Gilberto Pastoriza, Esq. who is a(n) agent of Elite Construction & Development. inc. e is
erson e or who has produced as identification and who di
(did not) take an oath.
(Stamp)
Signatu
MY G ' ,1�1I S( 3? i7 7�,�
EXPIRES: Se?atcqber 13; 2r ;
6F FCO bcgded 17ry tSlddpi. Notary
Rev. G9-20-
4
DISCLOSURE OF OWNERSHIP
List the owner(s) of the subject property and percentage of ownership. Note: The
Miami City Code requires disclosure of ail 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)
Elite Construction & Developrrient, itio„
J
Hiram Coltazo 100°/0
Subject Property Address(es) 3528-3530-3586 NW 36 Street
Telephone Number c/o Gil Pastoriza (305) 854-0800
E-mail Address gbastorizapwsh-law.com
2. Street address and legal description of any property owned by any and all parties listed
in answer to question #1 located within 500 feet of the subject property. Please supply
additional lists, if applicable.
Street Address
Unassigned (folio #30-3128-014-0170)
Gilberto Pastoriza
Attorney Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Legal Description
Lot 31 & W15 ft of Lot 32, Block 61,
MELROSE HEIGHTS 5th
SETtON- PB-1,7 Pa e
Attorney Signature
The foregoing was acknowledged before me this day of t OY4200$, by
Gilberto Pastoriza, Esq. who is a(n) agent of Elite Construction & Development c. He is
personal! o rne or who has produced as identification ancf who did
(did not) take an oat
c4A4 /I IL it
(Stamp)
Signature
MARtLYN LLA
MY COMMISSION g DD 704986
EXPIFIES: September 13, 2011
5VcIbe IhnJ Mg Mary SeMoss
Rev. 09-20-06
Exhibit "A7
1gal Description
Lets 0 throu.oh 20. Block 61 of „ME :WISE rfeTS sEcTioN. Liccordim, to the P.
thereof as recoydcd P1a Book 17 at Page 22, of the Public Records of Miami -Dade
County, Florida.
I certify from the records of this office that ELITE CONSTRUCTION
DEVELOPMENT, INC. is a corporation organized under the laws of the
State of Florida, filed on January 26, 2000.
The document number of this corporation is P00000008784.
I further certify that said corporation has paid all fees due this office
through December 31, 2007, that its most recent annual report was filed
on February 5, 2007, and its status is active.
I further certify that said corporation has not filed Articles of
Dissolution.
Given under my hand and the Great Seal of
Florida, at Tallahassee, the Capital, this the Ninth
day of October, 2007
Secretary of State
Authentication ID: 800110554588-100907-P00000008784
To authenticate this ceriifiicat;,,visii the following site, enter this
ID, and then fallow the instructions displayed.
www.sunbizeorg/auth,htxnl
11111111111111111 111111111111111111111111
i-115 INS I,�M
Yodisky Camera
USA Quality Title Setvices, uric.
2000 KW. 89t1t Place
�i Ficrda 33 i72.
iknaleTty Appraaisexs Parcel idetrcf> ion (Fa! ieny N
Y AND RETURN'TO:
" e Aboee -rnis List For According L7urii
OR a 2.612 P•,3 316Si
REUIR 05/117200714.041
DEED ?UC T ,60D.
AR UV_i , 3 L .k=:TO£ :, OURT
ir,i7`a- M CDii^>'t> fLORthf
LAST PAGE
4-0i'70
THIS .=. "! DEED, made the lab day of May, 2t➢07 by Cresneiaa R. Mena note/ Miriam Mew his unite ,
whose post office address is 2826 SW 32"' Avatar., Miami, Florida 33133 herein called Me grantors, to Elite
Coastractiar d lkvelupmeert. lac-.. a Florida €'orporatio+m whose post office address is 351E AiV 36 Street, Miami,
FL 33142_ hereinafter caned the Grantee:
"Wherever awed herein the terms granter" anti 'grantee' include nli rime preen ao this tmeraa ovs alai the heirs. legal represenaoarrdes
cad assigns a% aulrvrdnaLs. and the saueezvors and assigns rlcc priwario rsi
W 1 T N E S S E T ti: that the grantors. for aml in consideration of the sum of TEN AND 00/ 100'S (S I0.00) Do -liars and
other valuable considergions. receipt whereof is hereby acknowledged_ hereby grans. bargains. sells, aliens. remises.
releases, conveys and confirms unto the grantee all that certain land situate in MIAMI- ADE Comity_ Stare of Florida, viz:
Lot 10 Suck 61 of MELROSE HGTS S'ID` SEC, according to Plat thereof as in Plat Book 17 at
Page 27, of the Pab k Records of Miami -Dade Comity, Florida and Lot 31 and West 15 Fret of Lot 32 b
Mock fit, of MELROSE HGTS 5111 SEC, accords to the Plat thereof aS recorded iut Plat Hook 17 at
Page 22, of Cite Public Records of Miami -Dade Comity, Florida
Sahara to casements, reatrictiass and reservations of record sod to taxes for the yew 2007 and thereafter.
TOGETHER, with all time tenements hereditatnents and appurtenances th eto belonging or is anymg.
TO HAVE AND TO HOLD, the same in fee simple forever.
AND, the bettors hereby covenant with said grantee that the grams are lawfully seized of said land m fee simple: that
the grantors have good rim sad lawful authority to sell and convey said land. and hereby warrant the title to said land and
will defend the same against the /awful claims of all persons whomsoever: and that said land is free of all encumbrances.
except taxes accruing subscquetn to December 31. 2006.
IN WETNESS WHEREOF, the said grantors have signed and sealed these presents the day and year Cur a above written.
/213
mama lz Mena
,Touo E_ Aso
Witness #2 Signature
7:6A.A;A tP,"
Witness «2 Prated Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this 1Btk day of �( by C Mena
and Minim Meru who are personally known to me or tmcedl i la as
identification.
My Commission Expires.
File ti : A➢t74
Book25612/Page3168 CPN#20070480330 Page 1 of 1
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0 13,111,
The City of y'1ia; i requires any per.Cin or etltt�' fi'u�ucstdi1a Approval .e otheraci.ion 1 or11 Ehe C I`, ..'C>ziitl"si, l- n o anij' of its
boards, flute orituts, agencies, douncils or cowl S„ to il.4close at The cf;rSiltnenceihent to c nt,nuance) of the Ilea riiig s) on the
Issue any consideration provided or cm -mined, ned, dirccti, or Cin its behalf. It? any entity of parson for an agreement to support or
withhold objection to the requested approval, relief or action. nsideration'- includes any gift, payment, contribution, doitatioo, it:e,
commission, promise or grain of any money, property, service, credit or financial assistance of any ki-. ' o value, whether direct or
implied, or any promise or al:Teedent 1.o prOvn 1K any of ih -foregoing in the future.
Individuals retained or employed by a principal as a lobbyist as defiled in Sec. 2-(a 3, and appearing before the City Commission or
any of its boards, arahorities, agencies, councils or committees solely in the capacity' of a'lobby'ist and not as the applicant, or owners'
legal representative are not required to 'file out this form.
NAME:
Gilberto
HOME ADDRESS:
CITY:
(First Name)
Pastoriza
(Middte) (Last Narne)
Weiss Serota Helfman Pastoriza Cole & t3oniske, P.L.
(Address Line 1)
2525 Ponce de Leon Blvd., Suite 700
Coral Gables
HOME PHONE: ( 305 ) 854-0800
(Address Line 2)
STATE:
Florida
ZIP: 33134
C LL PHONE: FAX: (305) 854-2323
EMAIL: gpastoriza@wsh-law.com
BUSSINESS or APPLICANT or ENTITY NAME
Elite Construction and oevelopment, Inc.
BUSINESS ADDRESS:
3518 NW 36 Street
Miami,
(Address Line 1)
(Address Line 2)
1. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board,
authority, agency, council, or committee.
Special exception and Amendment To Zoning Atlas for
3528-3530--3586 NW 36 Street
2, Has any consideration been provided or committed, directly or on your behalf, to any entityor person for an agreement to
support or withhold objection to the requested approval, relief or action?
f ; YES
-1-1
NO
If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment, if
your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement.
Doc. No.:86543
3. l'Icatia. I7Y"{€'aci t I .. me number rDl th pet-stdI k , or entities to whom conssi -attop bps beep pro oie£i
r comrr1itt'cd,
Ip.
c.
x Additional names can bc placed oo a scpttrate. page attached io this form.
4. Please describe the nature. of the consideration.
5. Describe what is being requested in exchange for the consideration.
ACKNOWLEDGEMENT OF COMPLIANCE
I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of
Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal
or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing
disclosure requirement was not fully and timely satisfied the following may occur:
1. the application or order, as applicable, shall be deemed void without further force or
effect; and
2. no application from any person or entity for the same issue shall be reviewed or
considered by the applicable board tt ._ xpiration of a year after the
nullification of the application o rder.
PERSON SUB.' LNG DISCLOSURE:
/
Pnnt Name
.Sa)or n to and subscribed before me this ay of 200 . The foregoing
instrument Taros acknowledged h&j -ore me b -Y--=A—,%—_, who has produced
as identification uad/or is ersoaall known to we and who diddid not take an oath.
STATE OF FLORID
CITY OF MI,aMI IS # t37
MY COMMISSION . '. Fi aiy Soros
EXPiRl S: ..... �' % a. 0
l'.15,)
Enclosure(s)
OFF',. °O 'a nirug _
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Doc. No.:86543 .