HomeMy WebLinkAboutApplication & Supporting DocsBERCOW & RADELL
ZONING. LANE- USE AND ENVIRC.)lJ MENTAL LAW
DIRECT LINE: (305) 377-6227
E-MAIL: mtapanes@brzoninglaw.c0m
VIA HAND DELIVERY
February 7, 2006
Ms. Teresita Fernandez
City of Miami
444 Southwest 2nd Avenue
Seventh Floor
Miami, Florida 33130
Re: Public Hearing Applications 05-00517 and 05-00517a
Dear Teresita:
This law firm represents the Richard Fonseca and Fonseca & Associates, Inc., the
owners ("Owner") of the 10,718-square foot property located along Southwest lst
Avenue and legally described as Lot 32, Block 1, Woodside A Subdivision, according to
the plat thereof, as recorded in Plat Book 5, at Page 28, of the Public Records of Miami -
Dade County, Florida ("Property") the subject of the above -captioned public hearing
applications. This letter shall serve to amend the original letter of intent to request a
redesignation and rezoning from Office and SD-12 to Restricted Commercial (C-1).
Enclosed, please find the revised application. We understand that the June 3, 2005,
affidavit executed by Ruben Avila related to the posting of the Property is erroneous
and that the incorrect property � theZoning
l
y request that
the Application be remanded asBoard soon as possibleand properly
noticed. accordingly.
As always, thank you for your assistance. Should he have any questions or
comments, please do not hesitate to contact me.
Very truly yours,
Melissa Tapanes Llahues, Esq.
Cc: Mr. Richard Fonseca
Ms. Ana Gelabert-Sanchez
Mr. Orlando Toledo
Mr. Robert Lavernia
Mr. Anel Rodriguez
George Wysong Ill, Esq.
Ben Fernandez, Esq.
WACHOVIA FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI. FLORIDA 33131
PHONE. 305.374.5300 • FAX. 305.377.6222
BERCOW & RADELL
ZONING, LAND USE AND ENVtRCIN MENTAL LAW
DIRECT LINE (305) 377-6227
E-MAIL: mtapanes@brzoninglaw.com
VIA HAND DELIVERY
April 4, 2005
Ms. Teresita Fernandez
City of Miami
444 Southwest 2nd Avenue
Seventh Floor
Miami, Florida 33130
Re: Properties located at 2460 Southwest 16th Court and 2465 Southwest 17th
Avenue, Miami, Florida
Dear Teresita:
This law firm represents the Richard Fonseca and Fonseca & Associates,
Inc., the owners ("Owner") of the 10,718-square foot property located along
Southwest 1st Avenue and legally described as Lot 32, Block 1 Woodside A
Subdivision, according to the plat thereof, as recorded in Plat Book 5, at Page 28,
of the Public Records of Miami -Dade County, Florida ("Property").
The Property is currently designated and zoned Office. Currently, the
Woodside Apartments, a deteriorated four -unit apartment building, is situated
on the Property. This apartment buildingThe Owner intends to revitalize the
facade of the Woodside Apartments and convert the multi -family apartment
building into Anacapri, a renowned Italian restaurant with locations in Coral
Gables and Pinecrest. Enclosed, please find photographs of the existing building,
sketches of the proposed Anacapri, and articles boasting Anacapri's merits.
The redesignation and rezoning of the Property to Restricted Commercial
and C-1 is compatible with the surrounding neighborhood. The Property is
located along S.W. lst Avenue, directly north of both the Metrorail path and US-
1. To the west of the Property lies the Owner's gasoline service station and
grocery store. To the east of the Property lies a Florida Power & Light substation.
The Property abuts Casola's parking lot to the North. All the uses surrounding
the Property are commercial in nature. The proposed Anacapri restaurant will
be an appropriate neighborhood serving commercial use.
WACHOVIA FINANCIAL CENTER = 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI, FLORIDA 33131
PHONE. 305,374.5300 a FAX. 305,377.6222
Ms. Teresita Fernandez
April 4, 2005
The Owner intends to develop the Property consistent with the C-1 zoning
district regulations, and will not be requiring a parking variance. In addition to
the Owner providing more than the required parking, the Miami Parking
Authority intends to complete the construction of 22 parking spaces under the
Metrorail path by September 2005. The current conceptual plan includes
pedestrian crosswalks to and from the parking lot to the Property.
As Assistant Director Lourdes Slazyk confirmed on March 3, 2005, the
proposed modification to the Property's designation and zoning, does not alter
its current density and height entitlements. The density and height entitlements
in the 0 and C-1 zoning districts are identical.
As always, thank you for your assistance. Should he have any questions
or comments, please do not hesitate to contact me.
Cc: Mr. Richard Fonseca
Ben Fernandez, Esq.
Very truly yours,
L
Melissa Tapanes Llahues, Esq.
BERCOW & RADELL
z ON13,1 3. I -AN U8E aNto E.IVU,CnfMENTAL LAw
HEARING BOARDS
444 SW 2nd Avenue, 7th Floor • Miami, Florida 33130
Telephone 305-416-2030 + Fax 305-416-2035
www.ci.miami.fl.us
PUBLIC HEARING APPLICATION FOR
AMENDMENT TO THE ZONING ATLAS AND/OR OVERLAY DISTRICT
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 at the number above, 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 3:00 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 before the deadline. Upon submittal,
this application must be accompanied with a signed and current 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 cost to record the Zoning Board 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 is
signed or initialed by the Planning Department designee.
Applications given to customers do not constitute action from the City of Miami without
plans review and written comments from Zoning.
Rev. 02-22-05
1, Melissa Tapanes, Llahues, Esq. on behalf of Richard Fonseca, hereby apply to the City
Commission of the City of Miami for an amendment to the Zoning Atlas of the City of Miami as
more particularly described herein and in support of that request, furnish the following
information (see Article 22 of the Zoning Ordinance):
1. Address of property: 2460 SW 16 Court, a portion of 2465 SW 17 Avenue, Miami, FL
2. Folio number: 01-4140-006-0280, a portion of 01-4140-006-0010
3. Two (2) 11x17" original surveys of the property prepared by a State of Florida registered
land surveyor within six (6) months from the date of the application,
4. At least two photographs that show the entire property (land and improvements).
5. 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.
6. A dear and legible copy of the subject property address and legal description on a separate
sheet of paper, labeled as "Exhibit A'.
7. Affidavit and disclosure of ownership of subject property and disclosure of interest (see
pages 4 and 5).
8. Certified list of owners of real estate within a 500-foot radius from the outside boundary of
property (see pages 6 and 7).
9. Present zoning designation(s): 0 Office and SD-12
Future zoning designation(s): C-1 Restricted Commercial
10. Statement explaining why present zoning designation is inappropriate.
The property is ideally situated for commercial use as it is directly abutting a C-1 property
and the property is situated across the street from the Metrorail and US-1.
11. Statement as to why proposed zoning designation is appropriate.
The property is located immediately abutting a C-1 property and is ideally suited for
commercial use given its proximity to S.W. 17 Avenue and US-1.
12. 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 Department (3rd Floor) at 305-416-1400 for information.} No
Rev. 02-22-05
2
.14
13. 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 Department (3rd Floor) at 305-416-1400 for information.} No
14. What is the acreage of the project/property site? 10,718 square feet
15. What is the purpose of this application/nature of proposed use?
The Applicant intends to develop the property with a restaurant.
16. All documents, reports, studies, exhibits (8 '/ x11 ") or other written or graphic materials to
be submitted at the hearing shall be submitted with this application and will be kept as part
of the record.
17. Other (Specify and attach cover letters explaining why any document you are attaching is
pertinent to this application).
18. Cost of processing according to the City Code:
Change of zoning classification:
CS, PR, R-1, R-2, per square foot of net lot area $ .15
Minimum $ 635.00
R-3, R-4, 0, GII, HP per square foot of net lot area
Minimum
C-1, C-2, I, per square foot of net lot area
Minimum
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
Signature
Name Mtissa Tapanes Llahues, Esq.
Telephone 305-377-6227
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
$ .20
$ 750.00
$ .25
$ 900.00
$ .30
$ 1,000.00
$ 3.50
Address 200 S. Biscayne Blvd. # 850
Date
Miami, FL 33131
2005
The foregoing instrument was acknowledged before me this day of -March, 2005, by
Melissa Tapanes Llahues, Esq. who is a(n) agent of Bercow & Radell, PA a(n) corporation.
He/She is personally known to me or who has produced
as identification and who did (did not) take an oath.
(Stamp)
Rev. 02-22-05
AFFIDAVIT
Before me, the undersigned authority, this day personally appeared Melissa Tapanes
Llahues, 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
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 he/she represents, if any, have given their 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 accompanying petition, CI including
responding to day to day staff inquires; ❑ not including responding to day to day staff
inquiries in which case he/she should be contacted at 305-377-6227
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.
Melissa Tapanes Llahues, Esq.
Applicant Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
arxi
The foregoing instrument was acknowledged before me this —' day of -Mara, , 2005, by
Melissa Tapanes Llahues, Esq. who is a(n) agent of Bercow & Radell, PA a(n) corporation.
He/She is personally known to me or who has produced
as identification and who did (did not) take an oath.
(Stamp)
BETTY LLERENA
V C WSSt»r , 00 0
£ S Fobruary 27, 2ooe
aY FL Nc7!ar
nature //
Rev. 02-22-05 4
DISCLOSURE OF OWNERSHIP
1. Owner(s) of subject property and percentage of ownership. Note: The Miami City Code
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, disclosure of shareholders of corporations, beneficiaries of trusts, and/or
any other interested parties, together with their addresses and proportionate interest are
required. (Please supply additional lists, as applicable.)
Owner's Name(es) Richard Fonseca and Fonseca & Associates,
Subject Property Address(es) 2460 SW 16 Court, and a portion of 2465 SW 17
Avenue, Miami, FL
Telephone Number (305) 710-5212
Ci d Pens<C - irn`e.
2. Street address and legal description of any property:
(a) Owned by any party listed in answer to question #1; and
(b) Located within 500 feet of the subject property.
(Please supply additional lists, as applicable.)
Street Address Legal Description
See Exhibit A
2460 SW 16 Court
2465 SW 17 Avenue
Melissa Tapanes Llahues, Esq.
Owner or Attorney for Owner Name
See Exhibit A
Own ibr At ry for 0 r Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DADE }�
T foregoing instrument was acknowledged b fore me this ✓ day of ao{t
20 by LAeAt SSC tpCt.illeS a S w is a(n)
in ividuallpartneqg enticorporation of;3 AZ` Li icr
a(n) individual/partnership/corporation. He/She is personal l known to e or who has
produced as identification and who did (did not) take an oath.
(Stamp)
,76
Rev, 02-22-05
Exhibit A
Lot 32, Block 1, Woodside A Subdivision, according to the Plat thereof, as
recorded in Plat Book 5, at Page 28, of the Public Records of Miami -Dade
County, Florida.
Property Address: 2460 Southwest 16 Court, and a portion of 2465 Southwest 17
Avenue, Miami, Florida 33145
Miami -Dade County Folio No.: 01-4140-006-0280 and a portion of 01-4140-006-
0010
THIS INSTRUMENT PREPARED BY: i I'�
IRA B. PRICE, ESQ.
9100 S. Dadeland Blvd,
PH-1 Ste: 1701
Miami, Florida 33156
Tax Folio ft01-41-40-006-0280
Grantee's 5/S ii
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99R07 1566 1999 FE9 10 09:04
DOCSTPDEE 1020.00 SURTX 765.00
HARVEY RUVIHt CLERK DAD€ COUNTY, FL
WARRANTY DEED
(Statutory Form - Section 689.02 F.S.)
THIS INDENTURE, made this day of February, 1999, BETWEEN, R.
DAVID BUTT,* Trustee of the R. David Butt Revocable Inter Vivos Truat
dated April 28, 1992, whose post office address is: 5010 SW 69 Place,
Miami, Florida , Grantor, and , RICARDO R. FONSECA, a married man, whose
post office address is: 100 Lincoln Road, Miami Beach, Florida, Grantee,
Witneaeeth: That said grantor, for and in consideration of the sum
of Ten ($10.00) and other good and valuable considerations to said
grantor in hand paid by said grantee, the receipt whereof is hereby
acknowledged, has granted, bargained and sold to the said grantee, and
grantee's heira and assigns forever, the following described land,
situate: lying and being in Dade County, Florida, to wit:
Lot 32, less the West 65 feet, Block 1, WODDSIDE, according to the
Plat thereof, as recorded in Plat Hook 5, Page 28, of the Public
Records of Miami -Dade County, Florida.
individually and
Subject to restrictions, reservations, easements and limitations of
record, if any, provided that this shall not serve to reimpose same,
zoning ordinances, and taxes for the year 1994 and subsequent years.
Said grantor does hereby fully warrant the title to said land, and will
defend the same against the lawful claims of all persons whomsoever.
"Grantor" and "Grantee' are used for singular or plural, as context
requires.
**Please Note: This property is not now nor has ever been the homestead
of R. David Hutt, Trustee, Grantor, whose post office address is set
C
forth above.**
IN WITNESS WHEREOF, Grantor has hereunto
the day and year first above written.
Wi • •ea:
(//1�n�f1 )
witness rinname,.TU001, N• V/atrk'S
/`/NN %/g'/SR-
witness print name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
)SS
set grantor's hand and seal
R. DAVID BUTT,
I hereby certify that on thi8 day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take
acknowledg men , personally appeared. R. David Butt, who produced
Was identification and acknowledged before me that
they exe ted the same.
WITNESS my hand and official seal in the CouuHty and State last
aforesaid this day of February, 99.
(d�
NOTARY PUB
(print nam
Commission
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SPECIAL WARRANTY DEED '
STATE OF FLORIDA
COUNTY OF DAUB
'Tars' ZtDENTURE, made this '/,,atday of Gci7,c,j,-rtl
,.
1983, between UNIONOIL COMPANY OF CALIPORNIA, a California corporation,
with an office at 1650 Last Golf Road, Schaumburg, Cook County, Illinois
60196, herein called `Grantor", and RICARDO R. FCNSECA, SR., RICARDO R. '
FCNSFrA, JR. and GIL I. FCNSB A, each an undivided one thin. interest as Tenants in
Courrn,2465 S.W. 17th Avenue, Miami, Flarida 33145, herein called "Giantee.
WITNESSETH: That Grantor, for and in consideration of the sum of
Ten Dollars ($10.00) cash and other good and valuable consideration to
it in hand paid by Grantee, the receipt of which is hereby acknowledged,
has granted, bargained and sold to Grantee, their heirs and assigns,
forever, the following described land situated in the City of Miami,
County of Dade, Florida, to -wit:
Lots 1, 2 and 3, less the Westerly 10.00 feet thereof,
together with the West 65.00 feet of Lot 32, all in
Block 1, of Woodside, according to the Plat thereof
as recorded in Plat Book 5, at Page 28, of the Public
Records of Dade County, Flordia; being more particularly
described as follows:
Begin at the Northeast Corner of said Lot 3; thence run
South 0° 00' 23" East along the East line of Lot 3 for
50.01 feet to the Northwest Corner of said Lot 32; thence
run North 89° 57' 02" East along the North line of Lot
32 for 65.00 feet to a point; thence run South 0° 00'
23" East along a line, 65 feet East of and parallel with
the West of Lot 32 for 79.33 feet to a point on the
South line of said Block 1; thence run South 70° 08' 30"
West along the South line of Block 1 (which is also the
Northerly right-of-way of 5. W. 1st Avenue), for 179.19
feet to a point of curvature of a circular curve concave
to the Northeast and having for its elements a radius of
18.00 feet and central angle of 109° 51' 30"; thence run
Northwesterly along the arc of said curve for 34.51 feet
to a point of tangency with the East right-of-way line
of S. W. llth Avenue; thence run North along the said
right-of-way line of 173.12 feet to a point on the North
line of said Lot 3; thence run North 89° 57' 15" East
along the North line of Lot 3 for 127.63 feet to the POINT
OF BEGINNING.
SUBJECT TO any and all restrictions, covenants, conditions,
zoning ordinances, rights -of -way and easements of record,
if any, affecting said land.
This instrument prepared by FRED B. T(ETZ'E , Attorney for UNION
OIL COMPANY OF CALIFORNIA,, 1650 East Go1f,.Road, Schaumburg, Illinois
60196.
n,; 12003 n15444
Together with all -tenements, hereditaments and appurtenances,
thereunto belonging or in•anywise appertaining, and to have and to
hold the same in fee simple forever.
Grantor hereby fully warrants the:title to said land, and will
defend the same, against the lawful claims of all persona' claiming
by, through or under Grantor, but not otherwise.
IN WITNESS WHEREOF, UNION OIL COMPANY OF CALIFORNIA has caused
these presents to be signed in its name by its Vice President and
its corporate seal to be affixed by its Assistant Secretary, the
day and year above written.
Signed, sealed and
delivered in the
presence of:
_a_
UNION OIL COMPANY OF CALIFORNIA
8y
Vi e Pres dent
By __Teo_ ham-•- - .,.
sastant Secretary...
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G15k5
STATE OF ILLINOIS i
COUNTY OF COON
I hereby certify that on'this day before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to
take acknowledgments, personally appeared S. A. ARNOLD
aria a MAURER , to me known and known to be the persona
described in and who executed the foregoing instrument as Vice Presi-
dent and Assistant Secretary, respectively, of the corporation named
therein and severally acknowledged before me that they executed the
same as such officers in the name and on behalf of such corporation.
WITNESS my signature and official seal in the County and State
last aforesaid this /At day of .e.CL.» vd , 1983.
My Commission Expires:
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