HomeMy WebLinkAboutApplication & Supporting DocsHEARING BOARDS
444 SW 2"d Avenue, 7th Floor ' Miami, Florida 33130
Telephone 305-416-2030 + Fax 305-416--2035
v� .rniamioc v.c€ m hearir:€ boards
PUBLIC HEARING APPLICATION FOR A
SPECIAL EXCEPTION
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.
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, shah 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.
An additional fee to record Zoning Board resolutions will be charged and it is determined contingent upon fees
charged at the time of recordation by the Miami -Dade County Recorder's Office at 22 NW First Street, First Floor.
Upon arrival, ask for a certified copy. Please have the original recorded document mailed to the address above
and bring the certified copy to our office. 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 given to customers do not constitute action from the City of Miami without plans review and
written comments from the Office of Zoning.
Rev. 09-04-07
Within the City generally, or within certain zoning districts, certain structures, uses, and/or
occupancies specified, are of a nature requiring special and intensive review to determine
whether or not they should be permitted in specific locations, and if so, the special limitations,
conditions, and safeguards, which should be applied as reasonably necessary to promote the
general purposes of the Zoning Ordinance and, in particular, to protect adjoining properties and
the neighborhood from avoidable potentially adverse effects. It is further Intended that the
expertise and judgment of the Miami Zoning Board be exercised in making such determinations,
in accordance with the males, considerations and limitations relating to Special Exceptions (see
Article 16 of the Zoning Ordinance).
Felix M. Lasarte, Esq. on behalf of Coral Way Entrance, LLC, hereby apply to the
Miami Zoning Board for approval of a Special Exception for the property located at 2209 SW
37th Avenue, 3670 SW 22 Street, and 3671 SW 22 Terrace, Miami, Florida
Folio Numbers: 01-4116-009-2440; 01-4116-009-2450; 01-4116-O09-2470.
The property/location listed does not have any open code enforcement/lien violations.
2, One (1) original survey prepared by a State of Florida registered land surveyor within six (6)
months from the date of application.
3. One (1) original 24x36" plan, signed and sealed by a State of Florida registered architect or
engineer showing property boundaries and proposed structure(s), parking, landscaping, etc.;
building elevations and dimensions and computations of lot area and building spacing,
4. Original plan needs to be stamped, dated and initialed by Hearing Boards designee first and
then by (1) Public Works on the 8th Floor, (2) Zoning on the 4th Floor and (3) Planning on the 3`d
Floor, prior to submittal, Note: Plans are to be submitted to Zoning for first time review starting
from the 8th through the 20th of each month. Zoning will not be accepting first-time review plans
after the 2dh day of the month.
5. After obtaining signatures from the above departments, two (2) 11x17" and one (1) 81/2x11'°
copies of the original plan, including the survey.
6. At least two photographs that show the entire property (land and improvements).
7. 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.
8. 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.
9. Affidavit and disclosure of ownership of all owners and contract purchasers of the subject
property (see pages 4 and 5).
10. Certified list of owners of real estate within 500 feet of the subject property (see pages 6 and 7).
11. What is the acreage of the project/property site? ±1.15 acres (51,457 soft.)
12. What is the purpose of this applicationlnature of proposed use? This application seeks a
special exception to permit surface parking on a portion of the property to service the abutting
commercial use. This application is filed in conjunction with an application seeking to amend
the zoning map to add an SD-12 overlay on the same portion of the property in order to permit
the surface parking use.
Rev. 09-O4-07 2
Is the property within the boundaries of a historic site, historic district or archeological zone?
Please contact the Planning Department on the 3rd Floor for information,
13. Is the property within the boundaries of an Environmental Preservation District? Please contact
The Planning Department on the 3r0 Floor for information. No
14, 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;
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.
15. Cost of processing according to Section 62-156 of the Miami City Code*:
a. Special Exception requiring automatic City Commission review $ 2,000.00
b. Special Exception $ 800.00
c. Extension of time for Special Exception $ 500.00
d. Nonsubstantial modification $ 400.00
Public hearing and public meeting mail notice fees,
including cost of handling and mailing per notice $ 3.50
Surcharge equal to applicable fee from item above, not to exceed eight hundred dollars
($800.00) except from agencies of the city; such surcharge to be refunded to the
applicant if there is no appeal from the applicant or a property owner within five hundred
(500) feet of the subject property.
*Pursuant to Ordinance 12719, all planning and zoning fees in excess of $25,000.00, shall be
paid in the form certified check, cashier's check, or money order.
Holland & Knight, LLP
Signatur,/ Address 701 Brickell Ave., Suite 3000
Name Felix M. Lasarte, Esq.
Miami, FL 33131
Telephone 305-789-7580 E-mail feliklasartehklaw.corn
The application submittal date is the date stamped by Hearing Boards' staff on the front
page.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this 3 r <L day of
who is a(n) individual/partner/agent/corporation of
a(n) individual/partnership/corporation. He/She is
produced as identification and who did
2008, by Felix M. Lasarte, EsQ.
Coral Way Entrance, LLC
Personally known to me or who has
(did not) take an oath
(Stamp)
MBY FLETTES
COMMISS!ON # 41327CE
Apr ii if 2019
Natry Pub%- tindENntem,
ature;
Rev. 09-04-07
3
AFFIDAVIT OF AUTHORITY TO ACT
Before rye, the undersigned, this day personally appeared Felix
Lasarte Esq. , 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 him full and complete
permission for 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.
Felix M. Lasarte, Esq.,
Authorized legal representative
for Coral Way Entrance, LLC.
Applicant(s) Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Appricant(s) Signature
The foregoing was acknowledged before me this 3 d day of '
2008, by Felix M. Lasarte, Esq., who is a(n)
individual/partner/agent/corporation of Coral Way Entrance, LLC, a(n)
individualipartnership/corporation. He is personally known to me or who has
produced as identification and who did (did not) take an oath.
(Stamp)
SWB Y FLEETES
# OD 413270
EXPIRES: 4p41 16, 2009
?u✓=ic U^Ger NrrBr $
Rev. 09-04-07
4
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.
Coral Way Entrance, LLC., a Florida limited liability company
Owner's Name(es): Miguel A, Mouriz j
Subject Property Address(es): 2209 SW 7 Avenue, 3670 SW 22 Street, and
3671 SW 22 Terrace
Telephone Number (305) 789-7580
Address:c/o Felix M. Lasarte, Esq. , Holland & Knight, LLP, 701 Brickell Ave.,
Suite 3000, Miami, FL 33131
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 Legal Description
N/A
Owner(s) or Attorney Name
Felix M. Lasarte, Esq.,
Authorized legal representative
For Coral Way Entrance, LLC.
Owner(s) q
ttorney Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this 31'6 day of 4 1
2008, by Felix M. Lasarte, Esq., who is a(n)
individual/partner/agent/corporation of Coral Way Entrance, LLC, a(n)
individual/partnership/corporation. He/She is personally known to me or who
has produced as identification and who did (did not) take an
oath.
(Stamp
SAY FLErrEs
MY CrMNOSS oN r aJ 413270
EXPIRES; April 16, 2X,2
_rn,;!Ed Tr.ru N':;t,:y PNvlie
Rev. 09-04-07
5
HINT "A
LEGAL DESCRIPTION
Lot 14, less that portion on the North dedicated to SW 22 °' Street (Coral
Way), and less that portion on the West dedicated to SW 37`'' Avenue
(Douglas Road), AND Lots 15 through 19, less that portion on the West
dedicated to SW 37t Avenue (Douglas Road), AND Lots 20, 21, and 22, less
that portion on the South dedicated to SW 22" Terrace in Block 6, of
Amended Plat of Miami Suburban Acres according to the Plat thereof
recorded in Plat Book 4, at Page 73, of the Public Records of .Miami -Dade
County, Florida.
Property Addresses:
2209 SW 37`h Avenue, Miami, FL - Folio No. 01-4116-009-2440
3670 SW 22" Street, Miami, FL — Folio No. 01-4116-009-2450
3671 SW 22' Terrace, Miami, FL — Folio No. 01-4116-009-2470
524586 v
wE -w,stu btz.org e 1rtiT1e_nt. o ` tat
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Detail by Entity Name
icrida Limited Liability Company
CORAL WAY ENTRANCE, LLC.
Filinainformation
Document Number L06000043510
FEE Number 204760564
Date Filed 04/26/2006
State FL
Status ACTIVE
Effective Date 04/24/2006
Last Event LC AMENDMENT
Event Date Filed 05/01/2006
Event Effective Date NONE
Principal Address
10 N.W. 42ND. AVE.,
SUITE 700
MIAMI FL 33126
Mailing Address
10 N.W. 42ND. AVE.,
SUITE 700
MIAMI FL 33126
Registered Agent Name & Address
PUIG, ENRIQUE
10 NW 42ND. AVE.,
SUITE 700
MIAMI FL 33126 US
Manager/Member Detail
Name & Address
Title IVIGR
MOURIZ, MIGUEL A
10 NW 42ND. AVE., SUITE 700
MIAMI FL 33126
Entity Name
http://www sunbiz.arg/scripts/cordet.exe?action=DE`1'FTL&inq_doc number—L0600004351... 4/4/2008
f 2
Annual Reports
Report Year Filed Date
2007 051512007
Document !ma es
'' `t " ..PO, .
Note: This is not official record. See documents if question or conflict.
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Entity Name
http://www.sunbiz.org/scripts/cordet.exe?action—DETFIL&inc tloc, number—L06OOOO4351,,. 4/4/2008
Prepared by and Return to:
Blockbuster Inc.
1201 Elm Street, 21'' Floor
Dallas, Texas 75270
Attn: Eldridge A, Burns, Jr., Senior Corporate Counsel
W
DEED
CFI-4 2OO6R04-9320
OR .k 24500 �•ss :901 - 39f0 e ;.4p953
RECORDED 05/0B/2006 121m44`0O
DEED DOC TAX 49 80Mto
SURTAX 37,350.00
ft4FVEY RUV1R1' CLERK OF CBURT
nIAM1-GAGE COUNTY, Fs0RT0s
STATE OF FLORIDA
§ KNOWN A.I., 'IEN BY THESE :P SENTS
COUNTY OF MIAMI-DADE §
THIS INDENTURE, made and executed as of this day of � � ' `; , 2006, by
BLOCKBUSTER INC., a Delaware corporation whose address is 1201 Elm Street, Suite:�:100, Dallas,
Texas 75270 ("Grantor"), to Coral Way Entrance, LLC, a Florida limited liability company whose
address is 10 N.W, 42 Avenue, Suite 400, Miami Florida 33126, and whose Federal Identification
Number is ("Grantee").
WITNESSETH:
THAT GRANTOR, for and in consideration of the sum of Ten and No/I00 ($10,00) Dollars,
and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells,
aliens, remises, releases, conveys and confirms unto Grantee, all that certain land (the "Property") situated
in Miami -Dade County, Florida, to -wit:
See Exhibit "A" attached hereto and incorporated herein
Ad Valorem Property Tax Identification No.: Tax I.D. No. 01 41160092440; 01 41160092470; 01
41160092450.
TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in
anywise appertaining.
TO HAVE AND HOLD, the same in fee simple forever,
AND Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said land in
fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that Grantor
hereby specially warrants the title to said land and will defend the same against the lawful claims of all
persons whomsoever claiming directly through or under the Grantor, but against none other; and that said
land is free of all encumbrances, except taxes accruing subsequent to the year 2005; and the Permitted
Exceptions set forth on Exhibit "B" attached hereto and incorporated herein.
Grantee acknowledges that, except for the special warranty of title contained in this Deed and
except for any representations, warranties, or obligations of Grantor and Grantee that otherwise survived
the closing of the transaction represented by this Deed:
Exhibit "B" - Pape
Book245001Page3001 CFN#20060493205 Page 1 of 4
GRANTEE ACKNOWLEDGES T AT GRANTOR HAS MADE NO, AND EXPRESSLY
DISCLAIMS, ALL REPRESENTATIONS, WARRANTIES, COVENANTS AND AGREEMENTS,
EXPRESSED OR IMPLIED OR ARISING BY OPERATION OF LAW, WITH RESPECT TO
ANY MATTER AFFECTING THE PROPERTY, INCLUDING, BUT NOT LIMITED TO: (i)
THE CONDITION, SUITABILITY, HABITABILITY, MERCHANTABILITY OR FITNESS OF
THE PROPERTY FOR GRANTEE'S PLANNED USE; (WW) THE AVAILABILITY OR
EXISTENCE OF ANY WATER, SEWER OR UTILITIES (PUBLIC OR PRIVATE); OR (BD
THE EXISTENCE OF ANY HAZARDOUS SUBSTANCE IN, ON OR ABOUT THE PROPERTY,
IN WITNESS WHEREOF, Grantor has caused these presents to be executed on the day and
year first above written,
GRANTOR:
Signed, sealed and delivered BLOCKBUSTER INC.,
in the presence of: a Delaware corporation
By: Lbt
r/'aftic 6e,4c9
Name:
Title: [�
THE STATE OF TEXAS
COUNTY OF DALLAS
This itAstrument was acknowledged before me on
P-^
corporation, on behalf of said corporation.
My Commission Expires:
lb—icr-aool
, 2006, by
of BLOCKBUSTEk INC., a Delaware
otar5: Public in and
Exhibit "$°' — Page 2
0
Book24500!Page3902 CFN#20060493205 Page 2 of 4
EXHIBIT 46A"
TO DEED
PROPERTY DESC PTION
Lot 14, less that portion an the North dedicated to S.W. 22'd Street (Coral Way), and less
that portion on the West dedicated to S.W, 37th Avenue (Dou las Road); AND Lots 15
through 19, less that portion on the West dedicated to S.W, 37 ` Avenue (Dou tas Road);
AND Lots 20, 21, and 22, less that portion on the South dedicated to S.W, 22' Terrace in
Block 6, of Amended Plat of Miami Suburban Acres according to the Plat thereof
recorded in Plat book 4, at Page 73, of the Public Records of Miami -Dade County,
Florida.
Exhibit "A' — Page i
Book24500/Page3903 CFN#20060493205 Page 3 of 4
EK 2.4500 PCi 39.0
FAG
EXHIBIT "B"
TO DEED
PERMITTED EXCEPT IONS
[TO BE UPDATED -UPON TITLE AND SURVEY INFORMATION]
l [Conditions, restrictions, reservations, limitations, declarations and easements o,/ record; this
reference to said .matters shall nat operate to reimpose the same,
?. Zoning ordinances, restrictions, prohibitions and other requirements imposed by governmental
authority.
3. Taxes for the year 2006 and subsequent years.
Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the
Property, including submerged, filled and artificially exposed lands, and lands accreted to such lands.
5. Easement granted to Southern Bell Telephone and Telegraph Company filed March 19, 1971 in
Official Records Book 7156, at Page 539.
6. Reservations contained in that certain Deed from the Trustees of the Internal Improvement Fund
of the State of Florida filed February 7, 1931 in Deed Book 1422, at Page 374,
7. Restrictive Covenants Running with the Land filed February 16, 1970 in Official Public Records
Book 6760 at Page 607.
8. Agreement between Castlewood International Corporation and the City of Coral Gables filed
November 5, 1970 in Official Records Book 7022, at Page 413,
9. Covenants to Run with Land filed February 18, 1971, in Official Records Book 7123, at Page
490,
10. Existing in recorded leases and all rights thereunder of the leases and of any person claiming by,
through or under the leases.]
Exhibit "A"
Book24500/Page3904 CFN#20060493205 Page 4 of 4
CITY OFMIA I
1 SIR ' OF ONSIDE -RATION PROVIDED OR COMMITTED FO AGREEMENT TO
SUPPORT OR WITHHOLD OBJECTION
The City of Miami requires my person or entity re uesting approval relief or other action from the City Commission or any of its
boards, authorities, agencies, councils or committees; to disclose at the commencement (or continuance) of the hearing(s) on the
issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or
withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee,
commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or
implied, or any promise or agreement to provide any of the foregoing in the future.
Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2-653, and appearing before the City Commission or
any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners'
legal representative are not required to fill out this form.
NAME: MIGUEL A. MOURI Z
(First Name) (Middle) (Last Name)
HOME ADDRESS: c/o Felix M. Lasarte, Esq.
(Address I.lne 1)
Holland & Knight, LLP - 701 Brickell Ave., Suite 3000
(Address Line 2)
CITY: Miami STATE: Florida ZIP: 33131
HOME PHONE:
CELL PI-IONI• FAX: (305) 679•-6326
EMAIL.,: felix.lasarte@hklaw.com
Bt.1SS!NESS or APPLICANT or ENTITY- NAME
Coral Way Entrance, LLC
BUSINESS ADDRESS: 3530 SW 22nd Street, Suite 916
(Address Line 1)
Miami, FL 33145
(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.
Variance of height restriction and amendment to zoning map to add SD-12 overlay.
2. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to
support or withhold objection to the requested approval, relief or action?
YES xi NO
If your answer to Question 2 is No, do not answer questions 3, 4 & S 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. Please provide the name, address and phuoe number of the pers rn(s) o' entities to 'whom consideration iaas been provided
or committed.
* Additional naiia'.s can
pules 41
4. Please describe the nature of the coosidera
zaea
5. Describe what is being requested in exchange for the consideration.
ACKNOWLEDGEMENT OF COMPLIANCE
1 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(s) until expiration of a period of one year after the
nullification of the application or order.
PERSON SUSMi`I"lNO DJSCLOSUi E
f Doe. Vo.:86543
4nature
Felix M. Lasarte, Esq.
rd
sworn to drool sul3crribed lac'j re toe this <cra of
instrument colas ockro9iirledgeC hefare me by
d
co' identification and Cyr is personal me and wfw Teri
STATE OF FLORIDA
CITY OF M I AM I
MY COMMISSION
EXPIRE:
ncicrsur (
Print Name
'Off_
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