HomeMy WebLinkAboutApplication & Supporting DocumentsHEARING BOARDS
444 SW 2nd Avenue, 7th Floor • Miami, Florida 33130
Telephone 305-416-2030 • Fax 305-416-2035
www.miamigov.com/hearing boards
03 /0 3',Gd
Planning Designee Initial & Date
AMENDMENT TO THE ZONING ATLAS AND/OR OVERLAY DISTRICT
Welcome to Hearing Boards! This application is intended to serve as a guide in assisting you with our public
hearing process. Please feel free to contact us at the number above, should you have any questions.
The deadline to file the complete application with supporting documents is the first five working days of
each month from 8:00 am until 3:00 pm, except on the fifth day, at 12:00 pm. The application
submittal date is the date stamped by Hearing Boards' staff on this page. 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 application
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. Should you
wish, you could bring the materials to our office for review before the deadline to ensure completeness.
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. All documents, reports, studies,
exhibits (8 1/2 x11") or other materials submitted during this process will be kept as part of the record.
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.
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.
Copies of City Commission resolutions and ordinances 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. 12-16-08
Please refer to Article 22 of the Miami Zoning Ordinance for Amendment information,
1. Applicant name(s): Ben Fernandez, Esq. on behalf of Howard and Marlene Schimmel
2. Subject property address(es) and folio number(s): 350 NE 56th Street (folio # 01-3113-065-
0481)
3. Present zoning designation(s): R-2 Duplex Residential
Statement as to why the present zoning designation is inappropriate:
Property has been vacant and underdeveloped.
4. Future zoning designation(s): C-2 Liberal Commercial
Statement as to why the proposed zoning designation is appropriate:
Proposed zoning would allow the property to be utilized as part of the use on the abutting
property owned by the Applicants
5. Obtain signature or initial and date by the Planning Department designee prior to submittal.
6. Two (2) 11x17" original and one (1) 8'/z 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.
7. The subject property(ies) cannot have any open code enforcement/lien violations.
8. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable.
9. At least two photographs showing the entire property showing land and improvements.
10. A clear and legible copy of the recorded warranty deed and tax forms of the most current year
showing the present owner(s) and legal description of the property.
11. A clear and legible copy of the subject property address(es) and legal description(s) on a
separate sheet, labeled as "Exhibit A", to match with the current survey's legal description.
12. Original Disclosure of Consideration Provided or Committed for Agreement to Support or
Withhold Objection Affidavit.
13. Original Public School Concurrency Management System Entered Requirements form (page 4
of the attached packet).
14. Certified list of owners of real estate within 500 feet of the subject property (see pages 7 and 8).
15. For all corporations and partnerships indicated:
a) Articles of Incorporation;
b) Certificate from Tallahassee showing good standing, less than one (1) year old;
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.
2 Rev. 12-16-08
16. What is the acreage of the project/property site? ±0.10 acres
17. What is the purpose of this application/nature of proposed use? Warehouse expansion
18. 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. No.
19. Is the property within the boundaries of an Environmental Preservation District? Please contact
the Planning Department on the 3rd Floor for information. No.
20. 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, G/I, HP per square foot of net lot area
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
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 certifiedjcpheck, cashier's check, or money order.
Signature
Name
Ben Fernandez, Esq.
Telephone 305-377-6235
Address 200 S. Biscayne Blvd. # 850
Miami, FL 33131
E-mail BFernandezBRZoninqLaw.com
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE ^
The foregoing was acknowledged before me this v ` day of March 2010, by Ben
Fernandez, Esq. who is a(n) individual/partner/agent/corporation of Bercow Radell &
Fernandez, P.A. a(n) individual/partnership/corporation. He/She is personally known to me
or who has produced as identification and who i. (• id not) take an oath.
(Stamp) Sig
Notary public State of Florida
n<.,r, ,erena
y Commission DD524988
Expires 03/05/2010
ACCItall
atur
3 Rev. 12-16-08
AFFIDAVIT OF AUTHORITY TO ACT
Before me this day, the undersigned personally appeared Ben Fernandez, Esq., who
being by me first deposes and says:
1. That he/she is the owner or the legal representative of the owner, submitting the public
hearing application as required by the Code of the City of Miami, Florida, affecting the
real property located in the City of Miami, as listed on the foregoing pages.
2. That all owners who he/she 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, 0 including or
0 not including responses to day to day staff inquires.
3. That the foregoing and following pages are part of this affidavit and contain the current
names, mailing addresses, telephone numbers and legal descriptions of the real
property of which he/she is the owner or legal representative.
4. That the facts, as represented in the application and documents submitted in
conjunction with this affidavit, are true and correct.
Further Affiant sayeth not.
Ben Fernandez, Esq.
Applicant(s) Name A•plicant(s) Signature
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this "'t day of March 2010, by Ben
Fernandez, Esq, who is a(n) individual/partner/agent/corporation of Bercow Radell &
Fernandez, P.A. a(n) individual/partnership/corporation. He/She is personally known to me
or who has produced as identification and wh did did not) take an oath.
(Stamp)
o`"" Notary Public State of Florida
Betty Llerena
My Commission QD524988
op a� Expires 03/05/2010 4 Rev. 12-16-08
Sign
re
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 necessary.
Owner's Name(es) Howard and Marlene Schimmel
Percentage of Ownership 100%
Subject Property Address(es) 350 NE 56th Street (folio # 01-3113-065-0481)
2. List all street address(es) and legal description(s) of any property located within 500 feet
of the subject property owned by any and all parties listed in question #1 above. Please
supply additional lists, if necessary.
Street Address(es):
Legal Description(s):
382 NE 56th Street DIXIE HIGHWAY TR PB 5-24 W64FT
LOT 1 & N3OFT OF W64FT LOT 21 &
LOTS 2 & 3 BLK 4 LOT SIZE 14630 SQ
FT OR 20477-1074 0602 6 (2) OR
20477-1074 0602 03
Ben Fernandez, Esq.
Owner(s) or Attorney Name
Owner(s) or Attorne
Sign ure
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE y,
The foregoing was acknowledged before me this 4 day of March 2010, by Ben
Fernandez, Esq. who is a(n) individual/partner/agent/corporation of Bercow Radell &
Fernandez, P.A. a(n) individual/partnership/corporation. He/She is personally known to me
or who has produced as identification and o d' . i• ot) take an oath.
(Stamp)
� vuet, Notaryry arPublic state ai Flori
Betty Berens
m My commission DD524
"o® 0, Expires 0310512010
5
Rev. 12-16-08
Exhibit A
Legal Description:
Lot 4, Block 4, DIXIE HIGHWAY TRACT as recorded in Plat Book 5, at Page 24, of the
Public Records of Miami -Dade County, Florida.
This Instrument Was Prepared By:
Marilyn D. Greenblatt,
Attorney at Law
Simon, Schindler &Sandberg, LLP
2650 Biscayne Blvd.
Miami, Florida 33137
Record and Return to:
Property Appraiser
Identification No.
01-3113-065-0480
01-3113-065-0481
WARRANTY DEED
MUCK
20477P61074
02R383791 2002 JUN 20 10122
DOCS1PDEE 21280.00 SURTX 1,710.00
HARVEY RUVIN+ CLERK DADE COUNTY► FL
111.511,01
This indenture made this etlday of June, 2002, by and between
Scan -Am Trading, Inc., a Florida corporation, whose post office
address is 3301 N.E. 2' Avenue, Miami, Florida 33137, in the County
of Miami -Dade, in the state of Florida (the "Grantor"), and Howard
Schimmel and Marlene Schimmel, husband and wife, whose post office
address is , of the County
of Miami -Dade, in the State of Florida (the "Grantees").
VIT)JESSETU :
That Grantor, for and in consideration of the sum of TEN
DOLLARS ($10.00) and other good valuable consideration to Grantors
in hand paid by Grantees, the receipt whereof is hereby
acknowledged, has granted, bargained and sold to Grantees, their
heirs and assigns forever, the following described land, to wit:
See Exhibit "A" attached hereto and made a part hereof.
Subject to:
1. All easements, conditions, covenants, restrictions,
limitations and agreements of record, provided this shall
not operate to reimpose the same.
2. Real estate taxes for the year 2002 and all subsequent
years.
3. Existing applicable governmental building and zoning
ordinances and other governmental regulations.
Walt
20477P61075
And Grantor does hereby fully warrant the title to said land,
and will defend the same against the lawful claims of all persons
whomsoever.
wa)tneases :
Witness Signature
MA1_ WA) 2). 624.-sidaukti
r*nt Name of Witness
xtness Signature
\I I Ar.., itl.kr •n,e I
Print Name of Witness
STATE OF FLORIDA )
)SS:
COUNTY OF MIAMI-DADE)
Scan -Am Trading ,Inc„ a
Florida corporation
Jan Fetter Br woe,
President
T - f egoing instrument was acknowledged before me this rir -
day of r''! , 2002, by Jan Petter Brimeoe, as President of
Scan -Am '.ding, Inc., rporation, on behalf of the
corporation who is ., _ •► • ,�. to me or who has produced a
Florida driver's li en = _- •entification and who did not take an
oath.
Print or «tamp Name:
Notary Public,
Commission No.
My commission Expires:
-2-
State of Florida at
Large
ARILYN p GRIM MATT
MYCOMAU17:•CC1afA►
EXPmELr zl 71M
1•NOTMy fie MpmyrhYsee etNA'r0o.
•
MUCK.
20477PG 1076
Exhibit "A"
LEGAL DESCRIPTION
All of Iota 2, 3, and 4; Lot 1, less the Bast 105 feet
thereof; and the North half of Lot 21, less the East 105
feet thereof, in Block 4, of DIXIE HIGRWAY TRACT, according
to the plat thereof, as recorded in Plat Book 5, at Page
24, of the Public Records of Miami -Dade County, Florida.
gaga" mopot
incOmOmmt
CARNET we
CITY OFMIAMI
DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO
SUPPORT OR WITHHOLD OBJECTION
The City of Miami requires any person or entity requesting 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:
Ben Fernandez
(First Name) (Middle) (Last Name)
HOME ADDRESS: 200 South Biscayne Boulevard, Suite 850
CITY:
(Address Line 1)
Miami
HOME PHONE: 3 0 5— 3 7 7— 6 23 5
(Address Line 2)
STATE: Florida LI ZIP: 33131
CELL PHONE: 3 0 5— 9 7 8— 2 8 6 6
EMAIL:.: BFernandez@BRZoningLaw.com
FAX: 305-377-6222
BUSSNNESS or APPLICANT or ENTITY NAME
Howard & Marlene Schimmel
BUSINESS ADDRESS:
382 NE 56th Street
(Address Line 1)
Miami, FL 33140
(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.
Rezoning and a Comprehensive Neighborhood Plan Amendment
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 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. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided
or committed.
Name Address Phone#
a. N/A
b.
c.
* Additional names can be placed on a separate page attached to this form.
4. Please describe the nature of the consideration.
N/A
5. Describe what is being requested in exchange for the consideration.
N/A
I hereby acknowledge that it is unlawful
Ordinance 12918 and such circumvention
or civil penalties that may be imposed
disclosure requirement was not fully
1. the application
effect; and
2. no application from
considered by the
nullification of the
PERSON SUBMITTING DISCLOSURE:
ACKNOWLEDGEMENT OF COMPLIANCE
to employ any device, scheme or artifice to circumvent
shall be deemed a violation of the Ordinance;
under the City Code, upon determination by the
and timely satisfied the following may occur:
or order, as applicable, shall be deemed void without
any person or entity for the same ' sue
applicable bo d(s) u til expiration of per
application r order.
the disclosure requirements of
and that in addition to the criminal
City Commission that the foregoing
further force or
shall be reviewed or
of one year after the
Signature
Ben Fernandez
Print Name
me this 4th day o f March
Sworn to and subscribed before
instrument was acknowledged
201Q The
,foregoing
before me by Ben Fernandez , who has produced
as identification and/or is personally known to me
and who did/did not take an oath.
STATE OF FLORIDA
CITY OF MIAMI
MY COMMISSION
EXPIRES:
�—� ‘
J Notary
Betty lerena
0 3- 0 5 -1 0
Enclosure(s)
Doc. No.:86543
Print Name
Page 2
461 WHINY Public State of Florida M
My Commission D0524988
or vd Expires 03/05/2010