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HomeMy WebLinkAboutApplication & Supporting Docs• • Boca Raton Fort Lauderdale i c Sonv;1se M Farm Orlando Talahassee Tampa West Pahn Beach December 8, 2004 VIA HAND DELIVERY Akerman Senterfitt ATTORNEYS AT LAI,/ One Southeast Third Avenue 28th Fioor Miami, Fiarida 33131-1714 www-akerrnan_eorn 305 374 5600 re/ 305 374 5095 fax 305 755-5811 di,' Ines Marrero-Priegues Of Counsel imasrero@akerrnan.com Ms. Ana Gelabert Sanchez Director, Planning and Zoning Department City of Miami 444 S.W. 2nd Avenue Miami, FL 33131 Re: Application to Amend the Miami Comprehensive Neighborhood Plan for for 2200 S.W. 21 Terrace from Duplex Residential to Restricted Commercial and Companion Zoning Atlas Change from R-1 to C-1 with SD-23 Dear Ms. Gelabert-Sanchez: This letter accompanies the application by Carlos R. Caso, P.A. ("Owner/Applicant") to amend Ordinance No. 10544, as amended, the Future Land Use Map of the Miami Comprehensive Neighborhood Plan for that certain property located at 2200 S.W. 21 Terrace S.W. from Single Family Residential to Restricted Commercial. The Owner also hereby files a companion application to amend the City's Zoning Atlas at page 39, for the Property from R-1 to C-1 with an SD-23 Overlay District. The Applicant files this application and hereby applies to amend the Miami Comprehensive Neighborhood Plan, Ordinance 10544 to extend the C-1 land use that currently exists on the abutting properties to the south, which front on S.W. 22 Street, to the lots on the rear. An identical configuration currently exist across S.W. 22 Avenue on that portion of Coral Way. The Applicants also filed a companion application to amend the City's Zoning Atlas and Overlay District to request a the rezoning of the Property_ to C-1 with an SD-23 Overlay District. The Applicant wishes to rehabilitate and update the existing structure to provide needed commercial services to the many new residents along Coral Way. The proposed commercial development (which may include offices and/or an office and commercial mixed use development) will include adequate offstreet parking. The requested amendment is consistent with the land use policies of the City's Comprehensive Neighborhood Plan and sound planning policies. The need for adequate commercial properties along Coral Way will continue to (M2185078;I} • • Ms. Ana Gelabert Sanchez :December 7, 2004 Page 2 increase as the commercial corridor is eroded by multifamily residential projects. The proposed amendments and zone change will provide commercial uses along a half section line road. Other commercial developments currently exist along S.W. 22 Avenue north of the intersection with Coral Way. Based on the foregoing, we respectfully request your favorable review and recommendation. cc: Carlos R. Caso, Esq. Very truly yours, AKERMAN SENTERFIT /% Ines Mane �-Priegues M2186078,1) • • DEPARTMENT OF HEARING BOARDS 444 SW 2hd Avenue, 7th Floor • Miami, Florida 33130 Telephone 305-416-2030 • Fax 305-416-2035 PUBLIC HEARING APPLICATION TO AMEND THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN Welcome to Hearing Boards! This application process is for your reference and review. It is intended to serve as a guide in acquainting you with our public hearing process. Following are a series of concerns/requirements for you take into account. By any means, please feel free to contact the department, 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. The responses to the attached application must be typed and the complete application must be signed in black ink. It will be accepted, along with pertinent documents, only the first seven days (1-7) of the month from 8:00 am until 5:00 pm. Please note that the cashier located on the 4th floor will close at 4:00 pm; therefore, the complete application, reviewed plans and a paid receipt must be submitted. 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. 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 recordation cost for the resolution is $6.00 for the first page and $4.50 for additional pages. All fees are subject to change. Also, for City Commission resolutions, please 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 has a signature from the Planning and Zoning Department designee. Applications given to customers do not constitute action from the City of Miami without plans review and written comments from the Zoning Division of the Planning and Zoning Department {M2185787;1 }Rev. 08/15/03 • • 1. Complete application should be reviewed and initialed by Planning and Zoning designee prior to submittal. 2. Section 62-32 of the Code of the City of Miami, periodic review of the adopted comprehensive plan and adoption of evaluation and appraisal report reads as follows: (a) Periodically, but not less often than once in five years or more often than once in two years, the comprehensive plan shall be reviewed, evaluated and appraised by the planning advisory board to determine whether changes in the amount, kind or direction of development and growth of the city or area thereof, or other reasons, make it necessary or beneficial to make additions or amendments to the comprehensive plan. The Planning and Zoning Department shall prepare an evaluation and appraisal report for the planning advisory board which shall evaluate the comprehensive plan pertaining to the major problems of development, physical deterioration and the location of land uses and the social and economic effects of such uses; the status of each element of the comprehensive plan; the objectives of the comprehensive plan compared to actual results and the extent to which unanticipated and unforeseen problems and opportunities occurred; all as compared between the date of adoption and the date of the report. The report shall suggest that changes needed to update the comprehensive plan including reformulated objectives, policies and standards. (b) The planning advisory board may recommend the report as presented, modify the report or reject the report in duly noticed public hearing pursuant to the procedures in Section 62-31, (c) The city commission shall adopt, or adopt with changes, the report or portions thereof by resolution in public hearing within 90 days after the planning advisory board date of recommendation. The city commission shall thereafter amend the comprehensive plan based on the recommendation in the evaluation and appraisal report. Adoption of the report and recommended amendments to the plan may be made simultaneously pursuant to section 62-31 or if not simultaneous, the evaluation and appraisal report shall contain a schedule for adoption of the recommended amendments within one year. See also Article 22 of the Zoning Ordinance. 3. Two (2) original surveys prepared by a State of Florida registered land surveyor within six (6) months from the date of application. 4. All documents, reports, studies, exhibits (8 1/2 x11") or other written or graphic materials to be submitted at the hearing shall be submitted with this application. 5. Affidavit and disclosure of ownership of subject property and disclosure of interest (see attached forms). {M2185787;1}Rev. 08/15/03 2 • 6. Cost of processing, according to the City Code: Conservation, recreation, residential single-family duplex $ 300.00 Residential medium density multifamily $ 450.00 Residential high -density multifamily, office, major public facilities, transportation/utilities $ 550.00 Commercial/restricted, commercial/general and industrial $ 650.00 Commercial (CBD) $ 1,200.00 Surcharge for advertising each item $ 1,200.00 Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice $ 3.50 7. This petition is proposed by: ( ) Planning and Zoning Department (X) Other (please specify): Owner (Carlos R. Caso, P.A.) 8. The subject property is located at: 2200 S.W. 21 Terrace Folio number: 01-4110-057-0250 AND MORE PARTICULARLY DESCRIBED AS: Lot(s) The East'/2 of Lots 59 & 60 Blocks) Block 6 Subdivision "South Vedado" according to the Plat thereof as recorded in Plat Book 21, Page 80, of the Public Records of Miami -Dade County, Florida 9. The undersigned being the owner or the representative of the owner, of the subject property do(es) respectfully request the approval of the City of Miami for the following amendment(s) to the Miami Comprehensive Neighborhood Plan for the above -described property as indicated in the Land Use Plan: FROM: Single Family Residential TO: Restricted Commercial 10. Please supply a statement indicating why you think the existing plan designation is inappropriate: Please refer to accompanying letter of intent. {M2185787;1}Rev. 08/15/03 3 11. Please supply a stat>nt justifying your request to change Ilan to your requested plan designation. Please refer to accompanying letter of intent. 12. What is the acreage of the property being requested for a change in plan designation? 5,513 Square feet (0.12 acre) 13. Has the designation of this property been changed in the last year? If so, when? NO 14. Do you own any other property within 200 feet of the subject property? NO If yes, has this other property been granted a change in plan designation within the last twelve months? 15. Have you made a companion application for a change of zoning for the subject property with Hearing Boards? Yes 16. Have you filed with Hearing Boards a(n): ■ Owner's list form? RI ■ Affidavit of ownership? RI ■ Disclosure of ownership form? RI ■ List of owners of property within 500 feet of the subject property? Q If not, please supply them. 17. Is the property within the boundaries of a historic site, historic district or archeological zone designated pursuant to Chapter 23 of the Miami City Code? (Contact the Preservation Officer at the Planning and Zoning Department at 305-416-1400 for information.) NO 18. Is the property within the boundaries of an Environmental Preservation District designated pursuant to Chapter 17 of the Miami City Code? (Contact the Preservation Officer at the Planning and Zoning Department at 305-416-1400 for information.) NO 19. What is the purpose of this amendment? To redevelop a lot fronting S.W. 22 Avenue with a commercial use that is compatible with development across the street on the east side of 22 Avenue {M2185787;1}Rev. 08/15/03 4 i Signature Ines Maffei -Pri Authorized Agent Name Carlos R. Caso, PA. Telephone (305) 755-5811 STATE OF FLORIDA COUNTY OF MIAMI-DADE Address Akerman Senterfitt 1 S.E. Third Ave Suite 2800 Miami, FI 33131 Date ,etc . .7, f The foregoing instrument was acknowledged before me this 4 day of December 2004, by Ines Marrero-Priegues, who is a(n) agent for Carlos R. Caso, P.A.. She is _personally known to me_or who has produced as identification and who did (did not) take an oath. (Stamp) Signature 9 {M2185787;1}Rev. 08/15/03 5 AFFIDAVIT Before me, the undersigned authority, this day personally appeared Ines Marrero-Priegues, Esq., who being by me first deposes and says: 1. That she is the owner, or 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 which she represents, if any, have given their 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 accompanying petition including responding to day to day staff inquires; ❑ not including responding to day to day staff inquiries in which case helshe should be contacted at (305) 755-5811. 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/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. Ines Marrero-Priegues, Esq. Akerman Senterfitt, P.A. Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE plicant Si\nature The foregoing instrument was acknowledged before me this 2Cb4 by —I-NS Lta(( personally known to me or who has prod'ced an who did (did not) take an oath. (Stamp) /C)'• day of..WQ}C She is as identification ; 7 MERCEDES ARROJAS r M COMMISSION # DD 242245 —WIRedThru Notary' Pac e t 16,mere {M2185723;1}Rev, 08/15/03 4 • • • DISCLOSURE OF OWNERSHIP Legal description and street address of subject real property: The East % of Lots 59 & 60, Block 6, "South Vedado" according to the Plat thereof as recorded in Plat Book 21, Page 80, of the Public Records of Miami -Dade County, Florida, 2. Owner(s) of subject real property and percentage of ownership. Note: The Code of the City of Miami requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question #2 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. (See below; please supply additional lists, as applicable.) Owner's Name Carlos R. Caso, P.A. Mailing Address 1300 SW 22 Street Suite 300 . Miarni, FL Zip Code 33145-2234 Telephone Number 305-854-4600 3. Legal description and street address of any real property (a) owned by any party listed in answer to question #2, and (b) located within 500 feet of the subject real property. (See below; please supply additional lists, as applicable.) Street Address Legal Description NONE Ines Marrero-Priegues Akerman Senterfitt P.A. Owner or Attorney for Owner Name STATE OF FLORIDA COUNTY OF MIAMI-DADE he fore oin ins r}ti s ackn /edged before me this --�--- day of who is a(n) individual. She is person nown to me orho has produced as identification and who did (did not) take an oath. / OwnerZ3r AttorrOy for 0 ner Signature (Stamp) Signature 1 •: ' .M F ES AARO tAS r, = ,, MY MMISSION 4 DD 242245 '• �� •ate' EXPIRES: December 18 2007 f o r Bonded Thru Notary Pit& Underw hers {M21857 23;1 }Rev. 08/15/03 5 • -LULL-1 ! • 1! 1. a ..41111s. 1111•110MINIA.,1111111.~161141•1101111 um, u ' - 5 4; sas MOJNI • 0111` E. 5' ; z 1 MIL env 5 51 • I —1.;1•31. ; 3;;;t a ;OP ' • ; • • i14,F1,1•011,03111 31 '014i4S" 4-3 1-4 :a 1•;,, • Is 9, 31:316 a•E H.1.1111,• =.1.! t•• •.e • RE 11 F., ;..r. ,91e• ;., PR '3 . 5 r • ; 54 It r If ., 11 Iv,- z I • ef F9.q.11111.1111 I e• , .--7.- r 1... • 19 S.* '•"I` ili tl S 1 10 • 40 19 111'1 ". ' 11 — • . J; 3, • .= 19 9 • 3 1111:0,1-011. 30 101 SAC ! .;„ rr"Th 111'3 I_ 2 0 1 I • ta. 31 t 30 • 71: 1 iS IS, t. 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WAY !, rt 22 isolimildiftiaft5,1)11 IIIIII1I11II1I1IIIIIIIIIIII1I111111111111I111 • Prepared by and return to; Paul Palmer, Esq. Attorney at Law Palmer, Palmer & Manglero, P.A. I2790 S. Dixie Highway Miami, FL 33156 File Number. 04-470-0-Reilly Will Call No.: CFN 2004R0832709 OR I:k 22676 P9 1675i (l©sl RECORDED 09/23/2004 1t:33:04 DEED DOC TAX 1r050,00 HARVEY RUVINr CLERK OF COURT MIAMI-DADE COUNTY? FLORIDA LAST PAGE [Space Above This Line For Recording Data] Quit Claim Deed This Quit Claim Heed made this l8th day of August, 2004 between Matilde T. O'Reilly, an unremarried widow whose post office address is 435 East 45th Street, Hialeah, FL 33013, grantor, and Carlos R. Case, whose poost�ffcee address is 1300 Coral Way, Suite 301, Miami, FL 33145, grantee: eoel'oas�tvhJ (Whenever used herein the terms 'grantor" and 'grantee' include all the parties to this instrument and itic hiss, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts end trustees) Witnessed', that said grantor, for and in consideration of the sum TEN AND NOi100 DOLLARS ($10.00) and other good and valuable consideration to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, does hereby remise, release, and quitclaim to the said grantee, and grantee's heirs and assigns forever, all the right, title, interest, claim and demand which grantor has in and to the following described land, situate, lying and being in Miami -Dade County, Florida to -wit: East i!2 of Lots 59 and 60, in Block 6, SOUTH VEDADO, according to the Plat thereof as recorded in Plat Book 21, Page 80 of the Public Records of Miami -Dade County, Florida. Parcel Identification Number: 01.4110-057-0250 Subject to: Covenants, easements and restrictions of record; matters of plat; existing zoanngtax and government regulations; oil, gas and mineral rights of record if there is no right of entry; for the year 2004. The preparer of this instrument was neither furnished with, nor requested to review, an abstract on the decribed property and therefore, expresses no opinion as to condition of title. To Have and to Hold, the sane together with all and singular the appurtenances thereto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of grantors, either in law or equity, for the use, benefit and profit of the said grantee forever. In Witness Whereof, grantor has hereunto set grantor's hand artd seal the day and year first above written. Signed, sealed and delivered in our presence: State of Florida County of Miami -Dade The foregoing instrument was acknowledged before me this 18th day of August 0 personally known or pX] has produced a driver's license as identificati- [Notary Seal] Pouf pow, Notary Public 'CPIs MINIM We Printed Name: zieu r v?i�w syck we My Commission Expires: (Seal) O'Reilly, who [I is ta—..t,n0a7/A/Clmr,AR.7. c N#2O04O8327O9 DoubleTlrne. Page 1 of 1