HomeMy WebLinkAboutApplication & Supporting DocsPlanning Designee ;n0?far na:e
HEARING BOARDS
444 SW 2`i' Avenue, fig' Floor • Miami, Florida 33130
Telephone 305-416-2030 + Fax 305-416-2035
www.miamidov.com/hearirip, beards
APR 8 'O8 .2:O
PUBLIC HEARING APPLICATION FOR AN
AMENDMENT TO THE ZONING ATLAS AND/OR eVERLAY ISTRICT
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 workinci 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
sar te, Eno. On behalf of Coral ' E
hereby apply to the l iami City Commis
approval in accordance with Article 22 o
mi Zoning Ordinance, and in support of that request, furnish the followin
Obtain signature or initiaf and date by the Planning Department designee prior to submittal.
he
2. The property/location listed does not have any open code enforcementiien violations.
3. Address(es) and folio(s) of property: Approximately 3675 and 3673 SW 22`)u Terrace (01-
4116-009-2450) and 3671 SW 22r" Terrace (01-4116-009-2470).
4. Two (2) 11 x17' original and one (1) 8 1,6 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.
Present zoning designation(s): R-2
Statement as to why the present zoning designation is inappropriate:
Presently the property serves as surface parking for the abutting commercial use to the
west. The current use is a legal non -conforming use not expressly permitted under the R-2
zoning regulations.
6. Future zoning designation(s): R-2 with an SD-12 Overlay
Statement as to why the proposed zoning designation is appropriate:
The SD-12 Overlay would permit the current and proposed use of the property as a surface
parking lot to serve the abutting commercial use to the west.
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? 21.000 sa,ft. (± .48 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`V Floor for information. NO
14. Is the property within the boundaries of an Environmental Preservation District? Please contact
the Planning Department on the 3`d Floor for information. NO
Rev. 09-04-07 2
15. For corporations and partnerships indicated, the following - oc.;.m nts are to be submitted;
a) Articles of incorporation;
b) Certificate from Tallahassee less than one () 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.
16. All documents, reports, studies, exhibits (8 1./7 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
Minimum $ 635.00
b, R-3, R-4, 0, GII, HP per square foot of net lot area $ ,20
$ 750.00
Minimum
c. C-1, C-2, I, per square foot of net lot area
Minimum
d. 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,
including cost of handling and mailing per notice $ 3.50
*Pursuant to Ordinance 12719, all planning and zoning fees in excess of $25,000.00, shall be
paid in the form of a certified check, cashier's check, or money order.
// - - / ,,—,- „/::/ Holland & Knight, LLP
Signature ./ / Address 701 Brickeii Ave., Suite 3000
Name Felix M. Lasarte, Esq. Miami, FL 33131
Telephone 305-789-7580 E-mail felix.lasartehklaw.com
The application submittal date is the date stamped by Hearing Boardsstaff on the front
page.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this 2 r day of A
P 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)
SIUBY FLEITES
my COMMISSION
EXHRESi April16, 2k7.9
Nda,-4 pc
Rev. 09-04-07
3
AFFIDAVIT OF AUTHORITY TO ACT
Before me, the undersigned, this day personally appeared Fe ix M. 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, 10 including responses to day to
day staff inquires.
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.
Felix M. Lasarte, Esq.,
Authorized legal representative
For Coral Way Entrance, LLC.
Applicant(s) Name Applicant(s) Signature
STATE OF FLORIDA
COUNTY OF WAN-DADE
1
The foregoing was acknowledged before me this ,--' day of fief,'
20 , by Felix M. Lasarte, Esq, who is a(n) individual/partner/aqent/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)
MY COMMISSION 4 OD 412270
EXPIRES: Roil 16; 2Ckg
Thru .Notary PuNe Undamvitem
Rev. 09-04-07
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
-vi
Owner's Name(es) M uel A. uriz
Subject Property Address(es) 2209 SW 37 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
N/A
Felix M. Lasarte, Esq.,
Authorized legal representative
For Coral Way Entrance, LLC.
Owner(s) or Attorney Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Legal Description
/777
iz
Owner(s) or Attorney Signature
•I,
The foregoing was acknowledged before me this 3 r day of
2008, by Felix M. Lasarte, Esa. 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 (d not) take an oath.
(Stamp)
4 5241370
SORYLErrEs
MY COMMISKA # OD 412270
EXPIRES: 0p4 18, 2009
CjZTo..15:-.; Tnru Notari PbicUntb-rviters
Rev. 09-04-07
Exhibit "A"
Cp/ 3 Description
Lots 20,21;and 22,yS1htportononthe south dedicated to SW 22" Tenuce in B10 k
/ of Amended Plat of Miami Suburban Acres, according to the plat thereof reco in
21m Book % at Page 73, of the Public Records of Miami -Dade County, Florida.
,) ISize: ± 2 ,000sgi. 4.8 acres)
•.act: Lis
on List Next on
No Name History
Se 'ices
Return To List
Florida Limited Liability Comp n
CORAL WAY ENTRANCE, LLC.
Filing Information
Document Number L06000043510
FEI 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
lanagerllerDer Detail
Narne & Address
Title MGR
MOURIZ. MIGUEL A
10 NW 42ND. AVE., SUITE 700
3IAIi FL 33126
men Searches Forms
Entity Name
;%;'.sunbiz, rg/script": C1¢ c ? =DE I
_-10
c :d r1 ?}'-_er. ""'_"L0 :7V°:i0 „.3S 1. 41;2008
:.Eris
.Arinuai Reports
Report Year Filed Date
2007 051151200"
Document images
................................
View image in PDF format
View image in PDF- iomiat
View image in PDF format
I Note: This is not official record_ See documents
Previous on List Next on List
Events No Name History
estion or conflict.
To L
Entity Name
orojscrip€sioo
ist exa: ,
-=? O6OO€OO43 ° ' .
# repo oa, 1.et:13, , it):
Blockbuster
1201 Elm Street,
Dallas, Texas 75270
Attn: Eldridge A. Burn ..1
STATE OF FLORIDA
COUNTY OF M1AM I-UAD
)r .(pora
SPECIAL'WARRANTY DEED
§ KNOWN
6 RC) 4-4? 3 2 t,„ .�
ii ? [3`,'a `@.0 it2006 1.77:k..s adii
3 l 7 .�i50 , i ll7 E°OVI .p CLERK 3` COURT
r;.i•-DADE CfJlt"r<i r i Q#
N BY THESE PRESENTS
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/100 ($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 1.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:
i s"B,> Page .
Book24500iPege39Ol 0FN 200604 3205 Page
0
4
GRANTEE ACKNOWLEDGES . 'I' GRANTOR HAS MA.t)E NO, A D EXPRESSLY
DISCLAIMS, ALL REPRESENTA' IONS, 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 ( )
THE CONDITION, SUITABILITY, HABITABILITY, MERCHANTABILITY r OR )FITNESS OF
THE PROPERTY FOR GRANTEE'S PLANNED USE; (li) THE AVAILABILITY OR
EXISTENCE OF ANY WATER, SEWER OR UTJLITIES (PUBLIC OR PRIVATE); OR (1Ii)
THE EXISTENCE OF' ANY HAZARDOUS SUBSTANCE IN, ON OK ABOUT THE PROPERTY.
IN WITNESS WHEREOF, Grantor antor has caused these presents to be executed on the day and
near first above written.
Signed, sealed and delivered
in the presence of:
THE STATE OF TEXAS §
COUNTY OF DALLAS
GRANTOR:
BLOCKBUSTER INC,
a Delaware corporation
By:_
Name:
Title:
This hAstrurnent was acknowledged before me on c. 2006, by
Prep/4- C-z _!Vet G r° , �`fJ of BLOCKBUS l l INC., a Delaware
corporation, on behalf of said corporation.
My Commission Expires:
Jb - la- Boo'
tary Public in and for the State of Texas
PAWCA D. HRRRIS
MY COMMISSION EXPIRES
October 19, 20C4)
E xhibi9 a� „ — Page r
Book245001Pa 3902 F #2006 4 320 Pace 2 f
EXHIBIT "A„
TO DEED
PROPERTY DESCRJ?TION
Lot , 1 s that portion on the North dedicated to S.W. 221'd Stzeet (Coral Way), and less
that portion on the West dedicated to S.W. 37L1 Avenue (Douglas Road); AND Lots 15
through 19, less that portion on the West dedicated to S.W. 37th Avenue (Douglas 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 Page
Book24500 Page39O3 CFN#200604 2
Pane 3 of 4
41.; $ a : 3 9 (
TO DF;EJ)
PERMITTED EXCEPTIONS
[TO BE UPDATED ED UPON TITLE AND SURVEY INFORMATION'
dit »r7s, restmctitt)"PS-, rese t 1tOfs, /Lni$a
reference tc shall of operate to reimpose the same»
tions and easements of record; this
2, Zoning ordinances, restrictions, prohibitions and other requirements errl used by governmental
authority.
Taxes for the year 2006 and subsequent years.
4. 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, al 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.`,
Book2450
a
904
049 Page 4 of
'1'1ON TO VI._
SUPPORT OR WIT! lll la) C 1 ,1ECI
The City of Miami requires it y person or eut y ,cflaiesling appwva'i1 e.lrel or otfiei action from the City 'C3it?ii1iSSiOil of any €3.
boards_ authorities, agencies, councils OF c)i)1i3ititees, to disclose at the cOII7mencement (or continuance) 3f he hearing(s) on the
issue, any consideration provided or committed, directly or on its behalf, to any entity of p€:rson for an agreement to support or
Yithhold objection to the requested approtiral, relief or action. "Consideration" includes any gift, payment, contribution donation, be,
commission, promise or grant of any moneti, property, scrvic., credit or financial assistance of any kind or value, Whether direct or
implied, or any, promise or agreement io provide any of the fdregoing in the future.
individuals retained Jrt_end 7loyed hs a principal as a lobbyist as defined in Sec. 2-653, and appearing before the City Cominissnm 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 r+ttuired to fill out This form.
NAM[',:
HOME ADDRESS:
M Is GUE L
First Narne)
A. MOURIZ
(Midale) (_a^st Name)
c/o Felix M. Laaarte, Esq.
(Address Line 1)
Holland & Knight, LLF - 701 Brickell Ave., Suite 3000
(Address Line 2)
Miami STATE:
HOME PHONE:
Florida ZIP: 33131
CELL P1-IONE: FAX: (305) 679-6326
EMAIL: felix ,lasarte@hklaw.com
BLISSINESS or APPLICANT or ENTITY'NAME
Coral Way Entrance, LT C
E31_3SINESS ADDRF:°SS: 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?
`ES y? NO
If your answer to Question 2 is No, do not answer questions 3, 4 & -5 proceed to read and execute the Acknowledgment, is
your answer to Question 2 is Yes, pease answer questions 3, 4 & 5 and read and execute the Acknowledgement,
ilr 4'.i3€iii£17t
can r
iuloremi mot
4. Piease describe the of the ct usicier'atio i.
9 ?fft€`t atk1t'.en pr
5. Describe what is being requested in exchange fair 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(s) until expiration of a period of one year after the
nullification of the application or order.
PERSON SUBMITTING DISCLOSURE:
Signature
Felix M. Lasarte, Esq.
Print Name
Sworn io ;lIR i 1f7S ] t1c 1�E7. +"c n2e this 6.. o
ffaT-iE. ,; f ? r 200 The ; ire' oini:
i tiSfi"lP1.Pi. :a (L�FC t.1ealg cf b qtr.r) re _... y,:ho /04 p.roc..lue,.261
ancl. or !=S { e1S0,1Cill k31Uit71 ' IiiC' ar7L,, Wii0 ;:1. C1;C. ,SO! ft.11C_ [4(1 Oath,
STATE OF FLORIDA
CITY OF MIANTI
NMI
MY COMMISSION
Doc. ta.:0(5/7
Print ame
MAP OF BOUNDARY SURVEY
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