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HomeMy WebLinkAboutDocument Submitted into the RecordZONING § 612 Sec. 611.9. 1Via dmum height. The maximum height limitation within this district shall be one hundred forty-five (145) feet, and no portion of the building above one hundred ten. (110) feet in height shall be closer than fifty (50) feet from the base building line. In no event shall buildings over forty-five (45) feet in height cover in excess of twenty-five (25) percent of the lot area. (Ord. No. 10863, § 1, 3-28-91). Sec. 611.10. Minimum offstreet parking. Minimum offstreet parking requirements shall be as for C-1. In addition, the. following provisions or limitations shall apply: 1. Any pedestrian open space or overpass square footage provided under section 611.7.1 shall not be counted for .purposes of computing offstreet requirements. 2. In the -event a .pedestrian -overpass conforming to the requirements of 611.7.1, paragraph 1, is provided, the minimum. nonresidential parking requirements shall be one (1) per five hundred fiftY (550) square feet of floor area. .3. . O ite_parki g.pro ded_far offic 1ses-mayJ credited .toward.required parking for movie theaters or performing arts theaters; provided, however, that the hours of operation of such theaters shah not coincide with normal weekday business hours. (Ord. No. 10863, § 1, 3-28-91) Sec. 611.11. Limitations on signs. See Article 10 for sign regulations and limitations. (Ord. No. 10863, § 1, 3-28-91; Ord. No. /2213, § 2, 4-11-02) -> Sec. 6/.2. •SD-I2 Special Buffer Overlay Districts. Intent and Scale: This district is intended to create buffer areas between residential and nonresidential districts in specially defined areas of the city. Where a residential lot.shares a common lot line with (or is separated only by an. intervening alley) certain commercial, office or industrially zoned lots, such residential lots are eligible for SD-I2 classifications. Buffer overlay districts may be developed only with uses of the underlying residential use or as parking lots in combination with adjoining commercial, office or industrial lots to allow greater flexibility in development of larid. Bier overlay districts may only be developed per the requirements of the underlying district. In addition, they shall be subject to the following conditions: Permitted Principal Uses: Same as underlying district. SupL No. 11 235 0071-1 SUBMITTED INTO THE PUBLIC RECORD FOR ITEM P2-3ON y_27-Cb § 612 1VaAMI., FLOWDA. Permitted.Acce,ssory -Uses: Same as underlying district. Conditional Principal Uses: - Those of the miderlying-di,strict, Conditional Accessory Uses: Those of the underlying district and, in addition., surface parkiptto• serve the abutting • district by Special Exception only with city commission. approval, silbject..to applicable requirements of article 22 and elsewhere herein. • • • • - Special Limitations: SD-12 lot and nonresidential lot shall be under common ownership. A unity:of title is • • tuifficient in lieu of common ownership in situations where ,the SD-12 and • nonresidential lot havedifferent owners: Nonresidential frontage Sh&ihave . a midthnfonahnndredh.10(1)..feat.and ebp11-share tOtlinlai lot line (or be separated by•pnly an intemening, alley) for at leagt eighty,(80).percent• of its • -width . with the q:).712 lot. -No vehicular access to or from. residial area. • Twenty -foot 1F•tylcs.ps buffer for the first twenty (20) feet - measured from the •• e-of-the-residential-lot, in -be -maintained -in vorp-etuity bythe • pro •owetA numix-faot high wall sbprl be constructed:twenty (20) • feet -from the.•fiont,property line and five (5) feet fromside propertY•Iines. No • tinenclosed storage of trash- or garbage, or trash ar gotZ•oge--• tecolitacles, • or. coatainers be permitted within the residential lot. No .variances; from provisions of section 612 are permitted. Buffer Lot Intent-4x Saw es underlying. district. Minimum Lot Size: Ten thousand (10,000) square feet. • Setbacks: Fre4 tigNity (20,) feet; side Minimum 4ot Widtlt: Ontirod (1,00) feet. Heil Underlying disttict height. Floor Area Ratio: Underlying distrid F.A.E. Building Footprint: Underlying district footprint. . • .• • ... • - Ave (5) feet; reft; twezEW (20) feet Supp, No. 11 236 • • Submitted Into the publi6 record in connect' n vith item Pz• 31 on 0c, Prisca A. Thompson ----- City Cleric Sardina Mann, Maria B. (Beba) From: Zorrilla, Teresa [torrilla@ci.miami.fl.us] Sent: Saturday, April 23, 2005 2:10 AM To: JOE 0 Cc: Joe (Commissioner) Sanchez; Sardina Mann, Maria B. Subject: RE: Fwd: Various Mr. Rexach, We like to inform you that yesterday (Friday), Haydee Regueyra, Net Administrator and Commander David Rivero held a meeting with the owner of Casola. Mr. Loret de Mola, Code Enforcement Director and one of his inspectors, also paid a visit to Casola and spend all morning around the entire neighborhood. As soon as we get their report on Monday, we will be able to provide all of you thru Mrs. Mann, the taken actions. Once again, on behalf of Commissioner Sanchez, we thank you for your interest and assistance in helping us to serve better. Teresa Zorrilla Office Manager Chairman Joe Sanchez City of Miami Commission District 3 Phone ( 305) 250-5380 Fax (305) 250-5386 Original Message From: JOE 0 [mailto:jorexcu@hotmail.com] Sent: Saturday, April 23, 2005 1:54 AM To: Beba.Mann@steelhector.com Cc: De Mola, Mariano; Sanchez, Joe (Commissioner); Zorrilla, Teresa Subject: RE: Fwd: Various Dear City Officials C. r Dear Beba" Dear Neighbors Thanks for your attention at the meeting last Wednesday. I am one of the residents at SW 16th Court, affected by Casola's customers traffic hazards and litter. In my opinion a wall wont make any difference, what would be more effective is a TRAFFIC BUMP at the exit of the parking lot to prevent irresponsible drivers to speed out of the lot in every direction without stopping and sometimes at night even without lights on. On weekends nights the Casola's parking lot becomes a gathering place where alcohol and food is consumed around the cars and eventually bottles/cans and garbage end up at our door steps. In several occassions I have been envolved in a near collition situation with the speeding drivers. City Officials, you have the power, the means and tools to correct this risky and filthy situation. PLEASE TAKE SOME ACTION BEFORE WE HAVE A FATALITY AMONG OUR FAMILIES OR OUR NEIGHBORS. Thanks very much. Submitted Into the public Sincerely, record in connection w h Jose Rexach item ?Z- 31 on K la11oC, Priscilla A. Thompson i City Clerk p,{-oosi1 April 27, 2006 Commissioner Joe Sanchez Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Re: Properties located at 2460 S.W. 16th Court and 2465 S.W. 17th Avenue, Miami, Florida - Public Hearing Application LU-2005-07 and 2005-040 Dear Commissioner Sanchez: I am writing to express my support of the above -captioned application ("Application"). I understand that the Application entails a redesignation of the property to commercial as well as a rezoning of the property to C-1. The 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. In addition, the Owner intends to develop the Property consistent with the C-1 zoning district regulations, and will not be requiring a parking variance. 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. 1st 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 C'asola 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. I am satisfied that the proposed development will benefit my neighborhood and our community as a whole. Accordingly, I strongly urge you to approve the Application. Very truly yours, r SURNIMIEDINU 1" JNITOR IiEMIPZ;�_n q.-27.cto April 27, 2006 Commissioner Joe Sanchez Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Re: Properties located at 2460 S.W. 16th Court and 2465 S.W. 17th Avenue, Miami, Florida - Public Hearing Application LU-2005-07 and 2005-040 Dear Commissioner Sanchez: I am writing to express my support of the above -captioned application ("Application"). I understand that the Application entails a redesignation of the property to commercial as well as a rezoning of the property to C-1. The 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. In addition, the Owner intends to develop the Property consistent with the C-1 zoning district regulations, and will not be requiring a parking variance. 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. 1st 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. I am satisfied that the proposed development will benefit my neighborhood and our community as a whole. Accordingly, I strongly urge you to approve the Application. Submitted into the public' record connect o w h itenz F2.3l on P6 isci ba A. Thompson C.iiy Clerk Very truly yours, y®� s c 3�1�4J April 26, 2006 Commissioner Joe Sanchez Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Re: Properties located at 2460 S.W. 16th Court and 2465 S.W. 17th Avenue, Miami, Florida - Public Hearing Application LU-2005-07 and 2005-040 Dear Commissioner Sanchez: I am writing to express my support of the above -captioned application ("Application"). I understand that the Application entails a redesignation of the property to commercial as well as a rezoning of the property to C-1. The 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. In addition, the Owner intends to develop the Property consistent with the C-1 zoning district regulations, and will not be requiring a parking variance. 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. 1st 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. I am satisfied that the proposed development will benefit my neighborhood and our community as a whole. Accordingly, I strongly urge you to approve the Application. Very truly yours, Submitted Into the public record in connecti n 'th item PZ. on Ole Priscilla A. Thompson City Clerk April 26, 2006 Commissioner Joe Sanchez Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Re: Properties located at 2460 S.W. 16th Court and 2465 S.W. 17th Avenue, Miami, Florida - Public Hearing Application LU-2005-07 and 2005-040 Dear Commissioner Sanchez: I am writing to express my support of the above -captioned application ("Application"). I understand that the Application entails a redesignation of the property to commercial as well as a rezoning of the property to C-1. The 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. In addition, the Owner intends to develop the Property consistent with the C-1 zoning district regulations, and will not be requiring a parking variance. 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. 1st 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. I am satisfied that the proposed development will benefit my neighborhood and our community as a whole. Accordingly, I strongly urge you to approve the Application. Very truly yours, Submitted Into the public record in connecti wh item PZ.31 on l a� Priscilla A. Tho pson City Clerk April 26, 2006 Commissioner Joe Sanchez Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Re: Properties located at 2460 S.W. 16th Court and 2465 S.W. 17th Avenue, Miami, Florida - Public Hearing Application LU-2005-07 and 2005-040 Dear Commissioner Sanchez: I am writing to express my support of the above -captioned application ("Application"). I understand that the Application entails a redesignation of the property to commercial as well as a rezoning of the property to C-1. The 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. In addition, the Owner intends to develop the Property consistent with the C-1 zoning district regulations, and will not be requiring a parking variance. 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. 1st 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. I am satisfied that the proposed development will benefit my neighborhood and our community as a whole. Accordingly, I strongly urge you to approve the Application. Very truly ,curs, ?oo sw (oc_t Submitted Into the public record in connecti n w'th item ??. 31 on off• `, 4Prisci; a A. Thompson ity Clerk - April 26, 2006 Commissioner Joe Sanchez Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Re: Properties located at 2460 S.W. 16th Court and 2465 S.W. 17th Avenue, Miami, Florida - Public Hearing Application LU-2005-07 and 2005-040 Dear Commissioner Sanchez: I am writing to express my support of the above -captioned application ("Application"). I understand that the Application entails a redesignation of the property to commercial as well as a rezoning of the property to C-1. The 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. In addition, the Owner intends to develop the Property consistent with the C-1 zoning district regulations, and will not be requiring a parking variance. 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. 1st 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. I am satisfied that the proposed development will benefit my neighborhood and our community as a whole. Accordingly, I strongly urge you to approve the Application. Very 92 Submitted Into the public record in connecti n ' h item P 1- 3 I on ai o b Priscilla A. Thompson City Clerk April 26, 2006 Commissioner Joe Sanchez Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Re: Properties located at 2460 S.W. 16th Court and 2465 S.W. 17th Avenue, Miami, Florida - Public Hearing Application LU-2005-07 and 2005-040 Dear Commissioner Sanchez: I am writing to express my support of the above -captioned application ("Application"). I understand that the Application entails a redesignation of the property to commercial as well as a rezoning of the property to C-1. The 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. In addition, the Owner intends to develop the Property consistent with the C-1 zoning district regulations, and will not be requiring a parking variance. 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. 1st 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. I am satisfied that the proposed development will benefit my neighborhood and our community as a whole. Accordingly, I strongly urge you to approve the Application. Very truly yours, Submitted Into the public record in connecti n w'th item p2.. I on nt, Priscilla A. Tho pson City Clerk April 26, 2006 Commissioner Joe Sanchez Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Re: Properties located at 2460 S.W. 16th Court and 2465 S.W. 17th Avenue, Miami, Florida - Public Hearing Application LU-2005-07 and 2005-040 Dear Commissioner Sanchez: I am writing to express my support of the above -captioned application ("Application"). I understand that the Application entails a redesignation of the property to commercial as well as a rezoning of the property to C-1. The 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. In addition, the Owner intends to develop the Property consistent with the C-1 zoning district regulations, and will not be requiring a parking variance. 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. 1st 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. I am satisfied that the proposed development will benefit my neighborhood and our community as a whole. Accordingly, I strongly urge you to approve the Application. Ve truly.yo s, Submitted Into the public record in connecti • n w'th item p2.3 on u a v 4 Priscilla A. Thompson City Clerk April 26, 2006 Commissioner Joe Sanchez Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Re: Properties located at 2460 S.W. 16th Court and 2465 S.W. 17th Avenue, Miami, Florida - Public Hearing Application LU-2005-07 and 2005-040 Dear Commissioner Sanchez: I am writing to express my support of the above -captioned application ("Application"). I understand that the Application entails a redesignation of the property to commercial as well as a rezoning of the property to C-1. The Owner intends to revitalize the facade of the Woodside Apartments and convert the multi -family aparinient building into Anacapri, a renowned Italian restaurant with locations in Coral Gables and Pinecrest. In addition, the Owner intends to develop the Property consistent with the C-1 zoning district regulations, and will not be requiring a parking variance. 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. 1st 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. I am satisfied that the proposed development will benefit my neighborhood and our community as a whole. Accordingly, I strongly urge you to approve the Application. Very truly yours, � �60 1_001 - -33� (s Submitted Into the public record in connectign wjth item rE7..31 on Priscilla A. Tlidmpson City Clerk April 26, 2006 Commissioner Joe Sanchez Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Re: Properties located at 2460 S.W. 16th Court and 2465 S.W. 17th Avenue, Miami, Florida - Public Hearing Application LU-2005-07 and 2005-040 Dear Commissioner Sanchez: I am writing to express my support of the above -captioned application ("Application"). I understand that the Application entails a redesignation of the property to commercial as well as a rezoning of the property to C-1. The 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. In addition, the Owner intends to develop the Property consistent with the C-1 zoning district regulations, and will not be requiring a parking variance. 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. 1st 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. I am satisfied that the proposed development will benefit my neighborhood and our community as a whole. Accordingly, I strongly urge you to approve the Application. Submitted Into the public record in connectio Wi item P2. 31 on �� G Priscilla A. Thompson City Clerk April 26, 2006 Commissioner Joe Sanchez Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Re: Properties located at 2460 S.W. 16th Court and 2465 S.W. 17th Avenue, Miami, Florida - Public Hearing Application LU-2005-07 and 2005-040 Dear Commissioner Sanchez: I am writing to express my support of the above -captioned application ("Application"). I understand that the Application entails a redesignation of the property to commercial as well as a rezoning of the property to C-1. The 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. In addition, the Owner intends to develop the Property consistent with the C-1 zoning district regulations, and will not be requiring a parking variance. 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. 1st 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. I am satisfied that the proposed development will benefit my neighborhood and our community as a whole. Accordingly, I strongly urge you to approve the Application. Very truly yours, 17f A- ^-r IIS...... E s- c l+, F 3 3 i Submitted Into the public record in connec i n ith item PZ• 3k on Priscilla A. Thompson City Clerk April 26, 2006 Commissioner Joe Sanchez Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Re: Properties located at 2460 S.W. 16th Court and 2465 S.W. 17th Avenue, Miami, Florida - Public Hearing Application LU-2005-07 and 2005-040 Dear Commissioner Sanchez: I am writing to express my support of the above -captioned application ("Application"). I understand that the Application entails a redesignation of the property to commercial as well as a rezoning of the property to C-1. The 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. In addition, the Owner intends to develop the Property consistent with the C-1 zoning district regulations, and will not be requiring a parking variance. 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. 1st 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. I am satisfied that the proposed development will benefit my neighborhood and our community as a whole. Accordingly, I strongly urge you to approve the Application. Very truly yours, Submitted Into the public record in connecti wi , item .31 on o(2 Priscilla A. Thomps n City Clerk April 26, 2006 Commissioner Joe Sanchez Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Re: Properties located at 2460 S.W. 16th Court and 2465 S.W. 17th Avenue, Miami, Florida - Public Hearing Application LU-2005-07 and 2005-040 Dear Commissioner Sanchez: I am writing to express my support of the above -captioned application ("Application"). I understand that the Application entails a redesignation of the property to commercial as well as a rezoning of the property to C-1. The 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. In addition, the Owner intends to develop the Property consistent with the C-1 zoning district regulations, and will not be requiring a parking variance. 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. 1st 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. I am satisfied that the proposed development will benefit my neighborhood and our community as a whole. Accordingly, I strongly urge you to approve the Application. Very truly yours, 01635 gi s r Submitted Into the public - record in connection with item 2_ 3/ on Priscilla A. Th mpson City Clerk April 26, 2006 Commissioner Joe Sanchez Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Re: Properties located at 2460 S.W. 16th Court and 2465 S.W. 17th Avenue, Miami, Florida - Public Hearing Application LU-2005-07 and 2005-040 Dear Commissioner Sanchez: I am writing to express my support of the above -captioned application ("Application"). I understand that the Application entails a redesignation of the property to commercial as well as a rezoning of the property to C-1. The 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. In addition, the Owner intends to develop the Property consistent with the C-1 zoning district regulations, and will not be requiring a parking variance. 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. 1st 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. I am satisfied that the proposed development will benefit my neighborhood and our community as a whole. Accordingly, I strongly urge you to approve the Application. Submitted Into the public record in connect' n w•th item P2.3) on K 01. Priscilla A. Th pson City Clerk ry tr 1 yours, i&L„:411111 a \\::\ Lo s3 ►fee_ m� � eL-A 33l`V April 26, 2006 Commissioner Joe Sanchez Miami City Hall 3500 Pan American Drive Miami, Florida 33133 New Wor(cf Commercial Lender Richard De La Osa Account Executive Office: 305-857-3424 ext217 oll Free: 866-652-7202 ext217 Fax: 305-857-965 Mobile: 786-226-7463 Email: rdelaosaanwclendercom Website: www nwclendercom 2000 S. Dixie Highway' Suite 108. Coconut Grove FL 33133 Re: Properties located at 2460 S.W. 16th Court and 2465 S.W. 17th Avenue, Miami, Florida - Public Hearing Application LU-2005-07 and 2005-040 Dear Commissioner Sanchez: I am writing to express my support of the above -captioned application ("Application"). I understand that the Application entails a redesignation of the property to commercial as well as a rezoning of the property to C-1. The 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. In addition, the Owner intends to develop the Property consistent with the C-1 zoning district regulations, and will not be requiring a parking variance. 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. 1st 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. I am satisfied that the proposed development will benefit my neighborhood and our community as a whole. Accordingly, I strongly urge you to approve the Application. Submitted Into the public record in connectiolp wijh item T2. al on Priscilla A. Thompson City Clerk April 26, 2006 Commissioner Joe Sanchez Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Re: Properties located at 2460 S.W. 16th Court and 2465 S.W. 17th Avenue, Miami, Florida - Public Hearing Application LU-2005-07 and 2005-040 Dear Commissioner Sanchez: I am writing to express my support of the above -captioned application ("Application"). I understand that the Application entails a redesignation of the property to commercial as well as a rezoning of the property to C-1. The 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. In addition, the Owner intends to develop the Property consistent with the C-1 zoning district regulations, and will not be requiring a parking variance. 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. 1st 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. I am satisfied that the proposed development will benefit my neighborhood and our community as a whole. Accordingly, I strongly urge you to approve the Application. Ver my yo s, \01'11 q) 0, 44 Submitted Into the public record in connecti'j w'th item F2.31 on 1 o Priscilla A. Thompson City Clerk April 26, 2006 Commissioner Joe Sanchez Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Re: Properties located at 2460 S.W. 16th Court and 2465 S.W. 17th Avenue, Miami, Florida - Public Hearing Application LU-2005-07 and 2005-040 Dear Commissioner Sanchez: I am writing to express my support of the above -captioned application ("Application"). I understand that the Application entails a redesignation of the property to commercial as well as a rezoning of the property to C-1. The 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. In addition, the Owner intends to develop the Property consistent with the C-1 zoning district regulations, and will not be requiring a parking variance. 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. 1st 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. I am satisfied that the proposed development will benefit my neighborhood and our community as a whole. Accordingly, I strongly urge you to approve the Application. Very truly yours, Submitted Into the public record in connectio w h item ft. 3) on K er? /o 1. Priscilla A. Tho _ pson City Clerk April 26, 2006 Commissioner Joe Sanchez Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Re: Properties located at 2460 S.W. 16th Court and 2465 S.W. 17th Avenue, Miami, Florida - Public Hearing Application LU-2005-07 and 2005-040 Dear Commissioner Sanchez: I am writing to express my support of the above -captioned application ("Application"). I understand that the Application entails a redesignation of the property to commercial as well as a rezoning of the property to C-1. The 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. In addition, the Owner intends to develop the Property consistent with the C-1 zoning district regulations, and will not be requiring a parking variance. 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. 1st 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. I am satisfied that the proposed development will benefit my neighborhood and our community as a whole. Accordingly, I strongly urge you to approve the Application. Very truly yours, Submitted Into the public record in connecti wi h item P2-3{ on b6 Priscilla A. Tho pson City Clerk April 26, 2006 Commissioner Joe Sanchez Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Re: Properties located at 2460 S.W. 16th Court and 2465 S.W. 17th Avenue, Miami, Florida - Public Hearing Application LU-2005-07 and 2005-040 Dear Commissioner Sanchez: I am writing to express my support of the above -captioned application ("Application"). I understand that the Application entails a redesignation of the property to commercial as well as a rezoning of the property to C-1. The 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. In addition, the Owner intends to develop the Property consistent with the C-1 zoning district regulations, and will not be requiring a parking variance. 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. 1st 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. I am satisfied that the proposed development will benefit my neighborhood and our community as a whole. Accordingly, I strongly urge you to approve the Application. Very truly yours, tTiccr/f 3/5 Mr�,•wt�-[- 33) Z Submitted Into the public recor an connec o w.th item 31 on aV Priscilla A. Tho pson City Clerk April 26, 2006 Commissioner Joe Sanchez Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Re: Properties located at 2460 S.W. 16th Court and 2465 S.W. 17th Avenue, Miami, Florida - Public Hearing Application LU-2005-07 and 2005-040 Dear Commissioner Sanchez: I am writing to express my support of the above -captioned application ("Application"). I understand that the Application entails a redesignation of the property to commercial as well as a rezoning of the property to C-1. The 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. In addition, the Owner intends to develop the Property consistent with the C-1 zoning district regulations, and will not be requiring a parking variance. 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. 1st 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. I am satisfied that the proposed development will benefit my neighborhood and our community as a whole. Accordingly, I strongly urge you to approve the Application. Very truly yours, d; 4 7a74r-ey- 5-q9 r ,u/4oc rt- 3 3( Rio Submitted Into the public record in connecti n w h item P2. 31 on b Cr Priscilla A. Thompson City Clerk April 26, 2006 Commissioner Joe Sanchez Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Re: Properties located at 2460 S.W. 16th Court and 2465 S.W. 17th Avenue, Miami, Florida - Public Hearing Application LU-2005-07 and 2005-040 Dear Commissioner Sanchez: I am writing to express my support of the above -captioned application ("Application"). I understand that the Application entails a redesignation of the property to commercial as well as a rezoning of the property to C-1. The 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. In addition, the Owner intends to develop the Property consistent with the C-1 zoning district regulations, and will not be requiring a parking variance. 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. 1st 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. I am satisfied that the proposed development will benefit my neighborhood and our community as a whole. Accordingly, I strongly urge you to approve the Application. Submitted into the public record in connecti with item PZ 31 on Priscilla A. Thompson City Clerk Very truly 6'11 r-N6 G /9/#10//i ft. April 26, 2006 Commissioner Joe Sanchez Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Re: Properties located at 2460 S.W. 16th Court and 2465 S.W. 17th Avenue, Miami, Florida - Public Hearing Application LU-2005-07 and 2005-040 Dear Commissioner Sanchez: I am writing to express my support of the above -captioned application ("Application"). I understand that the Application entails a redesignation of the property to commercial as well as a rezoning of the property to C-1. The 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. In addition, the Owner intends to develop the Property consistent with the C-1 zoning district regulations, and will not be requiring a parking variance. 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. 1st 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. I am satisfied that the proposed development will benefit my neighborhood and our community as a whole. Accordingly, I strongly urge you to approve the Application. s cd / 6 CT Submitted Into the public record in connecti• n 'th item P?.31 on Priscilla A. Thompson City Clerk April 26, 2006 Commissioner Joe Sanchez Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Re: Properties located at 2460 S.W. 16th Court and 2465 S.W. 17th Avenue, Miami, Florida - Public Hearing Application LU-2005-07 and 2005-040 Dear Commissioner Sanchez: I am writing to express my support of the above -captioned application ("Application"). I understand that the Application entails a redesignation of the property to commercial as well as a rezoning of the property to C-1. The 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. In addition, the Owner intends to develop the Property consistent with the C-1 zoning district regulations, and will not be requiring a parking variance. 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. 1st 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. I am satisfied that the proposed development will benefit my neighborhood and our community as a whole. Accordingly, I strongly urge you to . pprove the Application. V : y . my yours, Submitted Into the public record in connection w th item P7.31 on Priscilla A. Thompson City Clerk April 26, 2006 Commissioner Joe Sanchez Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Re: Properties located at 2460 S.W. 16th Court and 2465 S.W. 17th Avenue, Miami, Florida - Public Hearing Application LU-2005-07 and 2005-040 Dear Commissioner Sanchez: I am writing to express my support of the above -captioned application ("Application"). I understand that the Application entails a redesignation of the property to commercial as well as a rezoning of the property to C-1. The 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. In addition, the Owner intends to develop the Property consistent with the C-1 zoning district regulations, and will not be requiring a parking variance. 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. 1st 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. I am satisfied that the proposed development will benefit my neighborhood and our community as a whole. Accordingly, I strongly urge you to approve the Application. Submitted Into the public record in connecti• n ith item `P2. 3 on O. Priscilla A. Thompson City Clerk Very truly y • urs, 2-03 ( 5w Terr f.4i fr,v6 April 26, 2006 Commissioner Joe Sanchez Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Re: Properties located at 2460 S.W. 16th Court and 2465 S.W. 17th Avenue, Miami, Florida - Public Hearing Application LU-2005-07 and 2005-040 Dear Commissioner Sanchez: I am writing to express my support of the above -captioned application ("Application"). I understand that the Application entails a redesignation of the property to commercial as well as a rezoning of the property to C-1. The 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. In addition, the Owner intends to develop the Property consistent with the C-1 zoning district regulations, and will not be requiring a parking variance. 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. 1st 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. I am satisfied that the proposed development will benefit my neighborhood and our community as a whole. Accordingly, I strongly urge you to approve the Application. Very truly yours, I -?71 WA J) . -3t33 Submitted Into the public record in connection with item P1.31 on Ll1►-ri tot, Priscilla A. Thompson City Clerk April 26, 2006 Commissioner Joe Sanchez Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Re: Properties located at 2460 S.W. 16th Court and 2465 S.W. 17th Avenue, Miami, Florida - Public Hearing Application LU-2005-07 and 2005-040 Dear Commissioner Sanchez: I am writing to express my support of the above -captioned application ("Application"). I understand that the Application entails a redesignation of the property to commercial as well as a rezoning of the property to C-1. The 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. In addition, the Owner intends to develop the Property consistent with the C-1 zoning district regulations, and will not be requiring a parking variance. 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. 1st 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. I am satisfied that the proposed development will benefit my neighborhood and our community as a whole. Accordingly, I strongly urge you to approve the Application. Very truly yours, �.c L(r) 5Lo-.Da. -c- Submitted Into the public record in connection with item Pz . 3l on Litalb te Priscilla A. Thompson City Clerk April 26, 2006 Commissioner Joe Sanchez Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Re: Properties located at 2460 S.W. 16th Court and 2465 S.W. 17th Avenue, Miami, Florida - Public Hearing Application LU-2005-07 and 2005-040 Dear Commissioner Sanchez: I am writing to express my support of the above -captioned application ("Application"). I understand that the Application entails a redesignation of the property to commercial as well as a rezoning of the property to C-1. The 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. In addition, the Owner intends to develop the Property consistent with the C-1 zoning district regulations, and will not be requiring a parking variance. 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. 1st 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. I am satisfied that the proposed development will benefit my neighborhood and our community as a whole. Accordingly, I strongly urge you to approve the Application. Very truly yours, Submitted Into the public record in connecti, item , 31 on off Priscilla A. Tho pson City Clerk April 26, 2006 Commissioner Joe Sanchez Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Re: Properties located at 2460 S.W. 16th Court and 2465 S.W. 17th Avenue, Miami, Florida - Public Hearing Application LU-2005-07 and 2005-040 Dear Commissioner Sanchez: I am writing to express my support of the above -captioned application ("Application"). I understand that the Application entails a redesignation of the property to commercial as well as a rezoning of the property to C-1. The 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. In addition, the Owner intends to develop the Property consistent with the C-1 zoning district regulations, and will not be requiring a parking variance. 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. 1st 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. I am satisfied that the proposed development will benefit my neighborhood and our community as a whole. Accordingly, I strongly urge you to approve the Application. Submitted Into the public' record in connection with � item P2.3I on 1)a�o� Priscilla A. Thompson City Clerk Very truly yours, 2i)co d. He, S__() /boo s a. SA60-9 Jeuy0 April 26, 2006 Commissioner Joe Sanchez Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Re: Properties located at 2460 S.W. 16th Court and 2465 S.W. 17th Avenue, Miami, Florida - Public Hearing Application LU-2005-07 and 2005-040 Dear Commissioner Sanchez: I am writing to express my support of the above -captioned application ("Application"). I understand that the Application entails a redesignation of the property to commercial as well as a rezoning of the property to C-1. The 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. In addition, the Owner intends to develop the Property consistent with the C-1 zoning district regulations, and will not be requiring a parking variance. 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. 1st 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. I am satisfied that the proposed development will benefit my neighborhood and our community as a whole. Accordingly, I strongly urge you to approve the Application. Very truly yours, (:)/w.E4-124/,,,eie Submitted Into the public record in connectio wi-h item P2.3I on a-7 oe Priscilla A. Thompson City Clerk April 26, 2006 Commissioner Joe Sanchez Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Re: Properties located at 2460 S.W. 16th Court and 2465 S.W. 17th Avenue, Miami, Florida - Public Hearing Application LU-2005-07 and 2005-040 Dear Commissioner Sanchez: I am writing to express my support of the above -captioned application ("Application"). I understand that the Application entails a redesignation of the property to commercial as well as a rezoning of the property to C-1. The 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. In addition, the Owner intends to develop the Property consistent with the C-1 zoning district regulations, and will not be requiring a parking variance. 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. 1st 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. I am satisfied that the proposed development will benefit my neighborhood and our community as a whole. Accordingly, I strongly urge you to approve the Application. Very truly yours, Submitted Into the public record in connect n w'th item ?z . 3 I on 04, Priscilla A. Thompson City Clerk 2 n 1.7 4 4 i MEM NEa 15 16 12 12 19 21.3 21 2 T3 24, Eltiall NM ZZ oRIV ' lS ! I4 IT 1 9 111 111.1 M O , 1,111111111 DRIVE (;,. LANE IA- I6I-I.\, ( C/(S gC)T Ilb CRC �1ET►2u 1I 0 - L t,;' KS A *j CI r � r L_ (S � � � ,, i3I � w of tlutiv,41) ; aolip e2 . • 4 % , 1 2 rb III _.0 .. 11 el t 9 a r 6 5 4 ')( 1 2 ,0 kit2 11 12 13 ea 115 16 e7 ia• >e Submitted Into the public record in connection with item P-i_on Priscilla A. Thompson City Clerk NEGOTIATIONS WITH RESIDENTS SUBMITTED INTO THE PUBLIC RECORD FOR ITEMP2-s ONii-x-o(• BGRCOW & RADELL ZONING. LAND USE AND ENVIRONMENTAL LAW DIRECT LINE: (305) 377-6227 E-MAIL: mtapanes@brzoninglaw.com VIA CERTIFIED MAIL •January 13, 2006 Louise Caro, Esq. 3683 Avocado Avenue Miami, Florida 33133-6205 Submitted Into the public record in connectin ith 2.3 on '� 01' item �1-- Priscilla A. Thompson City Clerk .Re: City of Miami Public Hearing Application LU-2005-07 and 2005-040 Dear Ms. Caro: This law firm represents Richard Fonseca and Fonseca Sr Associates, Inc., the owners of the properties located along S.W. 1st Avenue between S.W. 17th Avenue and S.W. 16th Court, in respect to their public hearing application to the City. of Miami for a Comprehensive Neighborhood Plan re -designation to Restricted Commercial and a rezoning to C-1 ("Application"). We understand that you have been retained by Ms. Beba Mann to represent her interests in connection with the Application. This letter shall serve to confirm our email col:respondence of December 1, 2005, and December 2, 2005. In your December 1, 2005, email (attached) you wrote that you would be meeting with certain affected property owners and then contact me, albeit you were not sure of when. As you know, the second reading of the ordinance to approve the Application will take place later this month. As of today, you have not .contacted me and the messages we have left at your 954.632.0569 voicemail have gone unanswered. We will interpret your continued silence as Ms. Mann's unwillingness to compromise. Should you have any questions or comments, please do not hesitate to phoile me at 305.377.6227. elissa Tapanes Llahues, Esq. Cc: Mr. Richard Fonseca Ben Fernandez, Esq. WACHOVIA FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI. FLORIDA 33131 PHONE. 305.374.5300 • FAX. 305.377.6222 ENDER: COMPLETE THIS SECTION ■ Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the maiipiece, or on the front if space permits. 1. Article Addressed; to: 2coise &/,_, 3643 taoc.Ado 'envy COMPLETE THIS SECTION ON DELIVERY A Sign XA f Y7. «J ❑ Agent ❑ Addressee eived by (Printed N m9), C. Date of Delivery i D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑. No 3. Se Ice Type xttified Mall ❑ Express Mall ❑ Registered etum Receipt for Merchandise ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service latsn, 7003 3110 0003 5049 5771 PS Form 3811, February 2004 Domestic Return Receipt 102595-02=M-1540I, C CL c� O iE i OCD 1;5 C O . C C L Page 1 of 3 Melissa Tapanes From: Sent: To: Subject: Melissa Tapanes Friday, December 02, 2005 10:03 AM 'Louise R. Caro' RE: update on fonseca matter Importance: High Dear Louise: Submitted Into the public record in connectiop w'jth item `P - 3-1 on Priscilla A. Thompson City Clerk You are very mistaken. Several items on the agenda were deferred prior to our item. Deferrals were requested and approved by other attorneys at the beginning of the hearing. There was absolutely no maneuver on our part. With that said, our item was duly advertised for hearing at 10 am. Please confirm the foregoing with the City Clerk's office or by watching the video of the public hearing. I truly do not appreciate your accusations, as I do not appreciate your client(s) stating on the record that I agreed to defer our item. As indicated by the email below, I responded to your email within the time requested (i.e., Wednesday morning) and clearly stated that we did not intend to defer. I recommend that you clarify this issue with your clients prior to any slanderous comments being repeated at second reading. Please be advised that you must control your client(s). That includes being present at hearing (s) in order to control them. My client and 1 will not tolerate your clients' assault; calculated threats on life, limb, and property; and slander. In addition, please note that we are asking the City of Miami to review surveillance video because my personal automobile was "keyed" during the public hearing. There is criminal and civil liability associated with these actions. This behavior is unacceptable and we will use the full force of the law to protect ourselves and our property. Please confirm the deferral issue with the City Clerk and properly advise your client(s) accordingly. I understand that the facts have been misrepresented to you and will accept your apology. We continue to act in good faith and will continue to make ourselves available to you to negotiate the terms of a covenant. Regards, Melissa Tapanes Llahues, Esq. Bercow & Radell, PA Zoning, Land Use and Environmental Law Wachovia Financial Center 200 South Biscayne Boulevard, Suite 850 Miami, Florida 33131 Direct: 305.377.6227 Facsimile: 305.377.6222 Email: mtapanes@brzoninglaw.com The information contained in this electronic message is privileged and confidential and is intended only for the use of the individual named above and others who have been specifically authorized to receive such. If the recipient is not the intended recipient, you are hereby notified that any dissemination, distribution or duplication of the communication is strictly prohibited. If 12/2/2005 Page 2 of 3 you have received this communication in error, or if any problems occur with transmission, please immediately notify us by telephone (305) 374-5300. From: Louise R. Caro [mailto:louiserc@bellsouth.net] Sent: Thursday, December 01, 2005 4:16 PM To: Melissa Tapanes Subject: RE: update on fonseca matter Melissa, I see you managed to change the item order when you realized we were not there, so much for good faith. You caused a lot of damage by pulling that maneuver, and I don't know if the community is going to want to a settle now. It is just too soon to tell. I guess you thought I was joking about taking this to court. After I meet with them, I'll get back to you, and I'm not sure exactly when. Louise From: Melissa Tapanes [mailto:MTapanes@brzoninglaw.com] Sent: Wednesday, November 30, 2005 8:55 AM To: Louise R. Caro Cc: rfonseca3@bellsouth.net Subject: RE: update on fonseca matter Dear Louise: Submitted Into the public record in connection with item P2.31 on tk1 1 to& Priscilla A. Thompson City Clerk As I mentioned to you yesterday, Mr. Fonseca is more than willing to negotiate with Ms. Mann and the neighboring residents to resolve this matter. In the absence of any proposed terms for the covenant and an agreement to negotiate in good faith, we do not intend to defer Thursday's hearing. We have consistently acted in good faith with Ms. Mann, the Silver Bluff HOA, and the Vizcaya HOA, and deferred this matter for two months prior to Zoning Board in order to allow the emotions to settle, provide time for Ms. Mann to retain counsel, and continue our appeal to negotiate. Our certified letters and repeated appeals went without response. We suggested to Ms. Mann that the neighborhood ought to retain counsel at our first meeting prior to filing the application. The threat of litigation does not impact our decision to move forward on Thursday. I recommend that we discuss the neighborhood's proposed terms for a covenant between today and tomorrow morning. If the proposed terms are acceptable to Mr. Fonseca, then we can proffer those terms as a condition of approval for second reading. Then we will have approximately one month to finalize the covenant. We do not wish to waste any time if the neighbors are not willing to negotiate in good faith, as they have continuously stated on the record. I will be in hearings at the Board of County Commissioners all day (and evening) today. Please phone my cellular at 305.785.2683 to discuss this matter further. Best regards, Melissa Tapanes Llahues, Esq. Bercow & Radell, PA Zoning, Land Use and Environmental Law Wachovia Financial Center 200 South Biscayne Boulevard, Suite 850 Miami, Florida 33131 Direct: 305.377.6227 12/2/2005 Page 3 of 3 Facsimile: 305.377.6222 Email: mtapanes@brzoninglaw.com The information contained in this electronic message is privileged and confidential and is intended only for the use of the individual named above and others who have been specifically authorized to receive such. If the recipient is not the intended recipient, you are hereby notified that any dissemination, distribution or duplication of the communication is strictly prohibited. If you have received this communication in error, or if any problems occur with transmission, please immediately notify us by telephone (305) 374-5300. From: Louise R. Caro [mailto:louiserc@bellsouth.net] Sent: Tuesday, November 29, 2005 7:40 PM To: Melissa Tapanes Subject: update on fonseca matter Importance: High Melissa, I've talked with my clients and here is where we are at: 1) Based on past interactions, they are uncomfortable talking to you at this point, they will talk through me. 2) They are open to the following: a) I will draft a covenant running with the land (they don't want boiler -plate), and after I have their approval, I will present it to you. b) They are looking for support for the street closure, and/or some traffic calming solution. You had mentioned that your client would be able to support it (that doesn't mean we're trying to get you to pay for it) let's hope that is still the case. I think it is reasonable given I've just come on board, and it would be an act of good faith given these developments, to defer first reading. It would also serve to calm emotions instead of adding fuel to the fire. I've been assured by my clients that they are preparing for litigation, win or lose with the commission; they figure there is no choice, so they will be hot for a fight before the commission. It seems that we have a window of opportunity right now to resolve this without litigation; I think we should take it. Please let me know your plans ASAP (Wednesday morning would be ideal). Louise Louise R. Caro Attorney at Law 3683 Avocado Ave Coconut Grove, FI 33133 Phone: (954) 632-0569 Fax: (305) 448-0279 Submitted Into the public record in connection with item PZ• 31 on yn ob Priscilla A. Thompson City Clerk 12/2/2005 Page 1 of 2 Melissa Tapanes From: Melissa Tapanes Sent: Wednesday, November 30, 2005 8:55 AM To: 'Louise R. Caro' Cc: rfonseca3@bellsouth.net Subject: RE: update on fonseca matter Dear Louise: Submitted Into the public record in connecti • n ith item 1'7.3t on oro Priscilla A. Thompson City Clerk As I mentioned to you yesterday, Mr. Fonseca is more than willing to negotiate with Ms. Mann and the neighboring residents to resolve this matter. In the absence of any proposed terms for the covenant and an agreement to negotiate in good faith, we do not intend to defer Thursday's hearing. We have consistently acted in good faith with Ms. Mann, the Silver Bluff HOA, and the Vizcaya HOA, and deferred this matter for two months prior to Zoning Board in order to allow the emotions to settle, provide time for Ms. Mann to retain counsel, and continue our appeal to negotiate. Our certified letters and repeated appeals went without response. We suggested to Ms. Mann that the neighborhood ought to retain counsel at our first meeting prior to filing the application. The threat of litigation does not impact our decision to move forward on Thursday. I recommend that we discuss the neighborhood's proposed terms for a covenant between today and tomorrow morning. If the proposed terms are acceptable to Mr. Fonseca, then we can proffer those terms as a condition of approval for second reading. Then we will have approximately one month to finalize the covenant. We do not wish to waste any time if the neighbors are not willing to negotiate in good faith, as they have continuously stated on the record. I will be in hearings at the Board of County Commissioners all day (and evening) today. Please phone my cellular at 305.785.2683 to discuss this matter further. Best regards, Melissa Tapanes Llahues, Esq. Bercow & Radell, PA Zoning, Land Use and Environmental Law Wachovia Financial Center 200 South Biscayne Boulevard, Suite 850 Miami, Florida 33131 Direct: 305.377.6227 Facsimile: 305.377.6222 Email: mtapanes@brzoninglaw.com The information contained in this electronic message is privileged and confidential and is intended only for the use of the individual named above and others who have been specifically authorized to receive such. If the recipient is not the intended recipient, you are hereby notified that any dissemination, distribution or duplication of the communication is strictly prohibited. If you have received this communication in error, or if any problems occur with transmission, please immediately notify us by telephone (305) 374-5300. From: Louise R. Caro [mailto:louiserc@bellsouth.net] 12/ 1 /2005 Page 2 of 2 Sent: Tuesday, November 29, 2005 7:40 PM To: Melissa Tapanes Subject: update on fonseca matter Importance: High Melissa, I've talked with my clients and here is where we are at: 1) Based on past interactions, they are uncomfortable talking to you at this point, they will talk through me. 2) They are open to the following: a) I will draft a covenant running with the land (they don't want boiler -plate), and after I have their approval, I will present it to you. b) They are looking for support for the street closure, and/or some traffic calming solution. You had mentioned that your client would be able to support it (that doesn't mean we're trying to get you to pay for it) let's hope that is still the case. I think it is reasonable given I've just come on board, and it would be an act of good faith given these developments, to defer first reading. It would also serve to calm emotions instead of adding fuel to the fire. I've been assured by my clients that they are preparing for litigation, win or lose with the commission; they figure there is no choice, so they will be hot for a fight before the commission. It seems that we have a window of opportunity right now to resolve this without litigation; I think we should take it. Please let me know your plans ASAP (Wednesday morning would be ideal). Louise Louise R. Caro Attorney at Law 3683 Avocado Ave Coconut Grove, FI 33133 Phone: (954) 632-0569 Fax: (305) 448-0279 Submitted Into the public record in connect yith � item p=n Priscilla A. Thompson City Clerk 12/1/2005 Page 1 of 1 Melissa Tapanes From: Melissa Tapanes Sent: Monday, October 17, 2005 12:13 PM To: 'PastranaFG@aol.com' Subject: RE: Fonseca Public Hearing Application Dear Mr. Pastrana: Submitted Into the public record in connection with item IL. 31 _on ue Priscilla A. Thompson Clerk Thank you for getting back to me. I would love to meet with you; however, I will be in Escambia County for a Board of County Commissioners hearing and will not be back until Saturday evening. I would be happy to meet Tuesday or Wednesday of this week or next Friday, whichever is more convenient. I look forward to hearing from you. Melissa Tapanes Llahues, Esq. Bercow & Radell, PA Zoning, Land Use and Environmental Law Wachovia Financial Center 200 South Biscayne Boulevard, Suite 850 Miami, Florida 33131 Direct: 305.377.6227 Facsimile: 305.377.6222 Email: mtapanes(cr�brzoninglaw.com The information contained in this electronic message is privileged and confidential and is intended only for the use of the individual named above and others who have been specifically authorized to receive such. If the recipient is not the intended recipient, you are hereby notified that any dissemination, distribution or duplication of the communication is strictly prohibited. If you have received this communication in error, or if any problems occur with transmission, please immediately notify us by telephone (305) 374-5300. From: PastranaFG@aol.com [mailto:PastranaFG@aol.com] Sent: Monday, October 17, 2005 12:10 PM To: Melissa Tapanes Subject: Re: Fonseca Public Hearing Application Dear Ms. T'apanes: I apologize for not responding back to you earlier. Would it be possible to meet this week on Friday, somewhere between 2:00 and 4:00 p.m.? Please let me know via email or by calling my cell at 305-975-6013. Regards, Fermin Pastrana 10/17/2005 Melissa Tapanes From: Sent: To: Subject: Dear Cathryn, Melissa Tapanes Sunday, October 02, 2005 4:38 PM 'Cathryn Leibinger RE: Woodside Apartments Submitted Into the public - record in connec . n ith item P2-3 I on 1y1 • C Priscilla A. Th q mp on City Clerk I would be happy to meet with you and/or your neighbors to address possible solutions and potentially reach a compromise on this matter. I am available anytime after October 12th to meet. Please note that due to case law, this matter is quasi-judicial in nature. Accordingly, pursuant to the Jennings ruling, ex parte communications with decision makers are strictly prohibited and no one (including the applicant, applicant's representatives, and neighboring property owners) may contact Commissioner Sanchez (or any other member of the Zoning Board and/or Commission) to discuss this matter outside a public hearing. I look forward to hearing from you soon. Best regards, Melissa Tapanes Llahues, Esq. Bercow & Radell, PA Zoning, Land Use and Environmental Law Wachovia Financial Center 200 South Biscayne Boulevard, Suite 850 Miami, Florida 33131 Direct: 305.377.6227 Facsimile: 305.377.6222 Email: mtapanes@brzoninglaw.com The information contained in this electronic message is privileged and confidential and is intended only for the use of the individual named above and others who have been specifically authorized to receive such. If the recipient is not the intended recipient, you are hereby notified that any dissemination, distribution or duplication of the communication is strictly prohibited. If you have received this communication in error, or if any problems occur with transmission, please immediately notify us by telephone (305) 374-5300. Original Message From: Cathryn Leibinger[mailto:cathrynleibinger@mac.com] Sent: Sunday, October 02, 2005 10:48 AM To: Melissa Tapanes Subject: Woodside Apartments Melissa, I was just wondering if there were any new ideas on how to help protect the neighborhood near the Woodside Apartments from commercial traffic. I know the next zoning meeting on this project is scheduled for October 19th. Beba Mann has been sending out more e-mails asking for help, and she asked if I could be the contact to speak to you to Joe Sanchez about any issues and concerns that come up. i I know that many things have already been discussed, but if there is any way to "re -hash" some of them without the passion of the neighbors present, I would welcome the opportunity to re -address some possible solutions. Thanks, and I hope all is well. Cathi Leibinger Submitted Into the public record in connection ith item P 2-_ on Priscilla A. Thompson - City Clerk 2 Page 1 of 1 Melissa Tapanes From: Sent: To: Melissa Tapanes Monday, September 26, 2005 11:32 AM 'pastranafg@aol.com' Subject: Fonseca Public Hearing Application Hello Mr. Pastrana. I hope this email finds you and yours well. I am writing to you to schedule a meeting to discuss the Fonseca rezoning application on the corner of SW 16th Court and SW 1st Avenue, as we discussed. Please let me know when you are available next week. Thanks! Melissa Tapanes Llahues, Esq. Bercow & Radell, PA Zoning, Land Use and Environmental Law Wachovia Financial Center 200 South Biscayne Boulevard, Suite 850 Miami, Florida 33131 Direct: 305.377.6227 Facsimile: 305.377.6222 Email: mtapanes@brzoninglaw.com Submitted Into the public record in connection with item P2.31 on Priscilla A. Thompson City Clerk 9/26/2005 Page 1 of 3 Melissa Tapanes From: bmann520@aol.com Sent: Tuesday, June 14, 2005 4:20 PM To: Melissa Tapanes Cc: cathrynleibinger@mac.com; mimosan@earthlink.net; Ben Fernandez Subject: Re: Proposed Anacapri Restaurant Dear Melissa, Submitted Into the public record in connection with item p Z • 3 l on Priscilla A. Thompson City Clerk My sincere apologies for this misunderstanding. This is truly unfortunate since time has passed and my recollection was that you only introduced Ben Fernandez as my neighbor. In fact, a month after our initial contact was when the fact that Ben Fernandez was your colleague was brought to my attention while watching a Zoning Board hearing. Unfortunately, you never attempted to make contact again until last night. Although I believe that your approach towards me was very unprofessional and confrontational in nature, for the second time, this is something that should have been discussed and aired out in private. I asked you politely twice for us to discuss it later and you insisted that we do it right there and then. First and foremost, I did not call you a liar, and I stated that the word in would not come to mind at the moment and it wasn't liar. When it did come to mind, I said that you were misleading in your e-mail. Like I said, I had no recollection that you had mentioned him as your colleague. I went looking for your e-mail this morning and it had been erased from my AOL account. AOL does not store e-mails for long. I'm glad that you did have your copy to set the record straight because our memories and recollections of events can fade with time. As to what your discussions with Ms. Fox, quite frankly I don't recall. I know that I told her to call you. If you called her or she called you, I was not made a part of that discussion and you never mentioned it to me. As to repeating the statement of your misrepresentation to my neighbors, this happened based on your insistence. Every single time you tried to confront me as to what our personal issues were, I asked that we do that at another place and time. Your insistence showed lack of respect and professionalism. For the record, if I am guilty of causing unnecessary harm with my misunderstanding, I will correct it. Again, my sincere apologies and I look forward to meeting with you and my neighbors again under different circumstances. Very truly yours, Beba Original Message From: Melissa Tapanes <MTapanes@brzoninglaw.com> To: bmann520@aol.com Cc: Cathryn Leibinger <cathrynleibinger@mac.com>; mimosan@earthlink.net; Ben Fernandez <BFernandez@brzoninglaw.com> Sent: Tue, 14 Jun 2005 14:47:27 -0400 6/14/2005 Page 2 of 3 Subject: FW: Proposed Anacapri Restaurant Ms. Mann: Thank you for taking the time to discuss Mr. Fonseca's plans for the property located at the northwest corner of Southwest 16th Court and Southwest 1st Avenue, Miami, following the Zoning Board hearing yesterday. I am pleased that you were candid about your feelings towards me personally. Namely, you stated that the root of your distrust was my "misrepresentation" of Ben Fernandez, Esq. as my colleague in our initial email correspondence. You also stated that you complained to Commissioner Joe Sanchez about this misrepresentation. In addition, you called me a liar for stating that your recollection of this email was false. Please take the opportunity to review said email dated March 14, 2005, below, where I specifically referred to Mr. Fernandez as my colleague. In addition, following the Planning Advisory Board hearing last month, there was an issue as to whether Ms. Fox was informed as to Mr. Fonseca's application and whether we attempted to reach her. As you may recall, Ms. Fox protested that we did not attempt to contact her to discuss the application. Below, please find our email exchange where you confirmed that you discussed our application and meeting with Ms. Fox, and where you stated that Ms. Fox would be contacting us to discuss the application further. I hope that you will reconsider your comments to your neighbors (which you repeated in my presence yesterday) as well as to Commissioner Sanchez, and take the time to correct any unnecessary harm your misunderstandings have created. I truly hope that these clarifications will allow us to move forward and work together for the betterment of our community. We are eager to work with you and your neighbors, and understand that you intend to retain a land use attorney to represent your interests and meet with us. We look forward to hearing from said attorney and begin our discussions at your earliest convenience. Our regards, Melissa Tapanes Llahues, Esq. Bercow & Radell, PA Submitted Into the public Zoning, Land Use, and Environmental Law record in connection wi h Wachovia Financial Center, Suite 850 item ?2. 31 on H' Z7 c6 200 South Biscayne Boulevard Priscilla A. Thompson Miami, Florida 33131 City Cleric Direct: 305.377.6227 Facsimile: 305.377.6222 Email: mtapanes@brzoninglaw.com From: Melissa Tapanes Sent: Monday, March 14, 2005 10:40 AM To: 'bmann520@aol.com' Cc: Richard Fonseca (E-mail) Subject: Proposed Anacapri Restaurant Dear Ms. Mann: We represent Mr. Richard Fonseca, the owner of the property located at the northwest corner of Southwest 16th Court and Southwest 1st Avenue, Miami. As you know from your discussions with Commissioner Joe Sanchez, Mr. Fonseca is proposing to revitalize the existing Woodside apartment building into a renowned Anacapri restaurant. We would like to schedule a meeting with you to discuss Mr. Fonseca's proposal at the home of my colleague and your neighbor, Ben and Beatriz Fernandez. Please phone or email me at your earliest convenience. We look forward to meeting with you soon. Best regards, Melissa Tapanes Llahues, Esq. Bercow & Radell, PA Zoning, Land Use, and Environmental Law Wachovia Financial Center, Suite 850 200 South Biscayne Boulevard Miami, Florida 33131 Direct: 305.377.6227 Facsimile: 305.377.6222 Email: mtapanes@brzoninglaw.com From: Melissa Tapanes 6/14/2005 Page 3 of 3 Sent: Wednesday, March 23, 2005 3:09 PM To: 'Beba Mann' Subject: RE: Meeting Ms. Mann, It was a genuine pleasure to meet with you yesterday Fonseca's proposal with Ms. Fox. Best, Melissa Tapanes Llahues, Esq. Bercow & Radell, PA Zoning, Land Use, and Environmental Law Wachovia Financial Center, Suite 850 200 South Biscayne Boulevard Miami, Florida 33131 Direct: 305.377.6227 Facsimile: 305.377.6222 Email: mtapanes@brzoninglaw.com . Richard and I look forward to future meetings and discussing Mr. Original Message From: Beba Mann[mailto:Beba.Mann@steelhector.com] Sent: Wednesday, March 23, 2005 3:00 PM To: mtapanes@brzoninglaw.com Subject: Meeting Submitted Into the pun b tC record in connec 06 items on Priscilla A. Th mpson City Clerk Dear Ms. Tapanes: It was very nice meeting with you and your client, Ricardo Fonseca. I have spoken to Gloria Fox regarding your suggestion of having a covenant to the property. As I mentioned, she is very knowledgeable about our past experiences with covenants and looks forward to speaking with you. I have sent her your name, e-mail address and telephone number. Regards, Beba Mann 6/14/2005 Page 1 of 1 Melissa Tapanes From: bmann520@aol.com Sent: Tuesday, June 14, 2005 5:02 PM To: Melissa Tapanes Cc: Ben Fernandez; cathrynleibinger@mac.com; mimosan@earthlink.net Subject: Fwd: Anacapri Restaurant Original Message From: Bmann520 To: jsanchez©ci.miami.fl.us Sent: Tue, 14 Jun 2005 16:59:51 -0400 Subject: Anacapri Restaurant Dear Commissioner Sanchez: Submitted Into the public record in connects n ith item F7-3l on a1 04 Priscilla A. Th mpson City Clerk I write to you under embarrassing circumstances. Several months ago I may have expressed to you that the attorney for the above mentioned, Melissa Tapanes, had misrepresented her connection with Ben Fernandez in that she had introduced him as my neighbor and did not disclose that he was also her colleague. In the event that I did express this, please be advised that she did in fact mention in her e-mail to me that he was her colleague. This was something that was brought to my attention and I wish to correct this misunderstanding. Regards, Beba 6/14/2005 Page 1 of2 Melissa Tapanes From: Sent: To: Judith Sandoval [mimosan@earthlink.net] Monday, June 13, 2005 5:41 PM Melissa Tapanes Subject: RE: Fonseca Zoning Board Hearing I have no faith in those covenants, because in the past the next owner of the property ignores them. I suppose they mean by community outreach, going around and handing bullshit to the neighbors. You could ask to be advised of their efforts in detail...when, where, what is the reasoning, etc. and please keep you advised when these efforts are taking place. I suppose there will be little parties with proscuito (push for champagne and Beluga)and invitations to somebody's home. We can hang Ben if it's to be at his palace from that big tree he's got in front, after we eat the Beluga. I would still call Regalado's office soon for a second check, and I am willing to go to see them ask for a deferral, and if it is granted. They usually are. They are trying to get around the things we protested, cover their asses better, get all their ducks securely in a row, maybe come up with phony opinion cards. Meanwhile we can do more work. The last project that we defied Ben on was deferred, and they did redesign the building when we complained about more Mediterranean style, something that belongs in Coral Gables but on 27th Avenue. The one going up is uglier but at least not that style. Stay on their tail! Let me know if you want to go over there. Judy Original Message --- From: Melissa Tapanes To: Bmann520@aol.com Cc: Ben Fernandez Sent: 6/13/2005 5:15:03 PM Subject: RE: Fonseca Zoning Board Hearing Dear Ms. Mann: Submitted Into the public record in connection vi{ith item '= on Priscilla A. Thompson City Clerk We are requesting a deferral until after the summer break to make revisions to the conceptual site plan, work on a covenant language, and continue our neighborhood outreach efforts. I will be in my office until 6 pm in case you have any questions or would like to discuss this matter further. Best regards, Melissa Tapanes Llahues, Esq. Bercow & Radell, PA Zoning, Land Use, and Environmental Law Wachovia Financial Center, Suite 850 200 South Biscayne Boulevard Miami, Florida 33131 Direct: 305.377.6227 Facsimile: 305.377.6222 Email: mtapanes@brzoninglaw.com From: Bmann520@aol.com [mailto:Bmann520@aol.com] Sent: Monday, June 13, 2005 4:59 PM To: Melissa Tapanes Cc: Ben Fernandez Subject: Re: Fonseca Zoning Board Hearing Dear Ms. Tapanes: 6/13/2005 Page 2 of 2 Why is this item deferred at this late time? When are you planning to reschedule? Regards, Beba Submitted Into the public record in connecti n ith item P2.3I on rip Priscilla A. Thompson City Clerk 6/13/2005 Page 1 of 1 Melissa Tapanes To: Bmann520@aol.com Cc: Ben Fernandez Submitted Into the public - Subject: RE: Fonseca Zoning Board Hearing record in connecti n with Importance: High item'PZ . 3 I on s1 0 Priscilla A. Thompson Dear Ms. Mann: City Clerk We are requesting a deferral until after the summer break to make revisions to the conceptual site plan, work on a covenant language, and continue our neighborhood outreach efforts. will be in my office until 6 pm in case you have any questions or would like to discuss this matter further. Best regards, Melissa Tapanes Llahues, Esq. Bercow & Radell, PA Zoning, Land Use, and Environmental Law Wachovia Financial Center, Suite 850 200 South Biscayne Boulevard Miami, Florida 33131 Direct: 305.377.6227 Facsimile: 305.377.6222 Email: mtapanes@brzoninglaw.com From: Bmann520@aol.com [mailto:Bmann520@aol.com] Sent: Monday, June 13, 2005 4:59 PM To: Melissa Tapanes Cc: Ben Fernandez Subject: Re: Fonseca Zoning Board Hearing Dear Ms. Tapanes: Why is this item deferred at this late time? When are you planning to reschedule? Regards, Beba 6/13/2005 Melissa Tapanes From: Sent: To: Subject: Melissa, Cathryn Leibinger [cathrynleibinger@mac.com] Monday, June 13, 2005 10:17 PM Melissa Tapanes 16th Court zoning Submitted Into the public record in connection ith item p2.31 ontila& Priscilla A. Thpson City Clerk Thank you for taking the time to stay and talk with me one-on-one about the re -zoning issues on SW 16th Court. As I said, I am just trying to get educated on the entire process and on current and potential land uses for Mr. Fonseca's property. I would like to meet with you and perhaps Mr. Fernandez to look over the proposals, zoning maps and other pertinent information. I would like to get a "big picture" idea of what types of developments could (and perhaps are) being planned for the neighborhood so I can best understand how those plans impact me. I will be out of town until July 6th. Upon my return I am very free during the daytime, as I am a teacher and am off for the summer. Please let me know what fits your schedule. Cathi Leibinger 2351 SW 16th Court f ERMIN PASTRANA JR. REALTOR® - Associate 634 CRANDON BLVD KEY BISCAYNE, FL 33149 DIRECT LINE: (305) 975-6013 MAIN: (305) 361-5401 FAX: (305) 361-9773 OFFICE: (305) 285-6756 E-Mail: aol.com www.keyes.com/termin.pastrana (eyes n n..eaon a ok.. 1 Melissa Tapanes From: Sent: To: Subject: Importance: Melissa Tapanes Monday, June 13, 2005 3:49 PM Baba Mann (bmann520@aol.com) Fonseca Zoning Board Hearing High Submitted Into the public record in connection with item 1't.3 -- Thompson Priscilla A. City Clerk Good afternoon, Ms. Mann. Please accept this email as notice of our intent to request a deferral at tonight's Zoning Board hearing. Should you have any questions or comments, please do not hesitate to contact me. Our regards, Melissa Tapanes Llahues, Esq. Bercow & Radell, PA Zoning, Land Use, and Environmental Law Wachovia Financial Center, Suite 850 200 South Biscayne Boulevard Miami, Florida 33131 Direct: 305.377.6227 Facsimile: 305.377.6222 Email: mtapanes@brzoninglaw.com i Page 1 of 2 Melissa Tapanes From: Judith Sandoval [mimosan@earthlink.netj Submitted into the public Sent: Monday, June 13, 2005 5:41 PM record in connection w th 1 To: Melissa Tapanes item P7.3 i Qn Lix1 0!0 Subject: RE: Fonseca Zoning Board Hearing Priscilla A. Thompson City Clerk I have no faith in those covenants, because in the past the next owner of the property ignores them. I suppose they mean by community outreach, going around and handing bullshit to the neighbors. You could ask to be advised of their efforts in detail...when, where, what is the reasoning, etc. and please keep you advised when these efforts are taking place. I suppose there will be little parties with proscuito (push for champagne and Beluga)and invitations to somebody's home. We can hang Ben if it's to be at his palace from that big tree he's got in front, after we eat the Beluga. I would still call Regalado's office soon for a second check, and I am willing to go to see them ask for a deferral, and if it is granted. They usually are. They are trying to get around the things we protested, cover their asses better, get all their ducks securely in a row, maybe come up with phony opinion cards. Meanwhile we can do more work. The last project that we defied Ben on was deferred, and they did redesign the building when we complained about more Mediterranean style, something that belongs in Coral Gables but on 27th Avenue. The one going up is uglier but at least not that style. Stay on their tail! Let me know if you want to go over there. Judy ---- Original Message ---- From: Melissa Tapanes To: Bmann520@aol.com Cc: Ben Fernandez Sent: 6/13/2005 5:15:03 PM Subject: RE: Fonseca Zoning Board Hearing Dear Ms. Mann: We are requesting a deferral until after the summer break to make revisions to the conceptual site plan, work on a covenant language, and continue our neighborhood outreach efforts. I will be in my office until 6 pm in case you have any questions or would like to discuss this matter further. Best regards, Melissa Tapanes Llahues, Esq. Bercow & Radell, PA Zoning, Land Use, and Environmental Law Wachovia Financial Center, Suite 850 200 South Biscayne Boulevard Miami, Florida 33131 Direct: 305.377.6227 Facsimile: 305.377.6222 Email: mtapanes@brzoninglaw.com From: Bmann520@aol.com [mailto:Bmann520@aol.com] Sent: Monday, June 13, 2005 4:59 PM To: Melissa Tapanes Cc: Ben Fernandez Subject: Re: Fonseca Zoning Board Hearing Dear Ms. Tapanes: 6/13/2005 Page 2 of 2 Why is this item deferred at this late time? When are you planning to reschedule? Regards, Beba Submitted Into the public record in connectio �31 on it at, item n `� Priscilla A. Thompson --�.� City Clerk 6/ 13 /2005 .i BERCOW & RADELL ZONINQ. LAND USE AND ENVIRONMENTAL LAW DIRECT LINE: (305) 377-6227 E-MAIL: mtapanes©brzoninglaw.com VIA CERTIFIED MAIL June 9, 2005 Ms. Beba Mann Steel Hector & Davis 200 South Biscayne Boulevard Suite 4000 Miami, Florida 33131 Submitted Into the public record in connection w th item PZ.31 on}a�ioG• Priscilla A. Thompson City Clerk Re: Properties located at 2460 S.W. 16th Court and 2465 S.W. 17th Avenue, Miami, Florida - Public Hearing Application LU-2005-07 and 2005-040 Dear Ms. Mann: Pursuant to our conversation following the May 18th, 2005, Planning Advisory Board, we were wondering whether you had the opportunity to confirm our discussion with City of Miami Staff. Namely, we discussed that the proposed modification to the Property's designation and zoning does not alter its current residential density and height limitations. The density and height entitlements in the Office and C-1 zoning districts are identical in nature. Both allow residential development of unlimited height and up to 150 dwelling units per acre. In other words, along with the entirety of the Citgo gas station property, the Owner may develop 114 residential units with unlimited height as of right. Significantly, because the Property is surrounded by Office and C-1, Ordinance No. 907.3.2, which requires additional height setbacks when a building greater than 40 feet tall abuts a Single Family Residential District, would not apply. We understand that you want the best for your community. Richard Fonseca is a long-standing and reputable property and business owner in the neighborhood. We genuinely believe that the proposed Anacapri restaurant will be an appropriate neighborhood serving use. The current Woodside Apartment building is severely deteriorated and creates a safety hazard to the neighborhood. The Property is surrounded by commercial uses. As you know, the property is sandwiched between a gasoline service station, a Florida Power & Light substation, and Casola's. It is directly north of the Metrorail path, a funded WACHOVIA FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI. FLORIDA 33131 PHONE. 305.374.5300 • FAX. 305.377.6222 Ms. Beba Mann June 9, 2005 Page 2 Miami Parking Authority lot, and US-1. The Property is primed for redevelopment. As we said at our March 22, 2005, meeting at our office and again following the Planning Advisory Board hearing, we are eager to appease your concerns. We understand that you and your neighbors are passionate about the redevelopment of your neighborhood, and sincerely apologize for our part in the avid discussions following the Planning Advisory Board. This is a good application, and we sincerely wish that you would have an open mind regarding what is an appropriate use of the Property. We would truly appreciate the opportunity to meet with you and your neighbors. At your convenience, please phone me at (305) 377-6227. Very trul elissa T Cc: Mr. Richard Fonseca Ms. Josefina Sanchez Pando Mr. Arsenio Milian Ben Fernandez, Esq. rs, panes L ues, Esq. Submitted lnto the public record in connection with item naLon 1. _ X Priscilla A. Thompson City Clerk BERCOW r RADELL 20N1N0. I -AND USE AND ENVINONMENTAL 1-"W SENDER: COMPLETE. THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so thatwe-can-return the card to you;. ■ Attach this card to the back of the mailpiece or on the front if space permits. 1. Article Addressed to: r . rseruo :.05 0 suv a3 _ a,041 i F L 93csS 2: Article Numbef (Transfer from service label) ', PS Form 3811, February 2004 Submitted Into the public record in connection ith item ?Z . 3 j on 21 oG Priscilla A. Thompson City Clerk COMPLETE THIS SECTION ON DELIVERY A. Signature :. 7003 3110 0003 5049 5573 Domestic Return Receij SENDER: COMPLETE THIS SECTION. • Complete items 1, 2, and 3. Also complete---: item item 4 if Restricted Delivery is desired • Print your, name and address on the reverse so that we can return the card to you ■ Attach this card to the back of the mailpiece or on the front if space permits 1. Article Addressed to: MS. Jose a►lo sw µLarne FL COMPLETE THIS SECTION Of: CEL:vERY 12 Is delivery dress different front"item: If YES, enter deliveryryaddress belovi: 3 Service Type?, Certified Ma II ❑ Express Mau Registered . , etum Recei Insured Mail ❑ C.O D,., 4, Restricted D=Ilya (F_xtra Fee) 5-oz 0-5ai en A• •ressee'' for,Merchandise" 2. Article Number (Transfer from service label) 7003 3110 0003 5049 5788 ; PS Form 381:1,..l ebruaryt2004 4cip'iestic Return Receipt T02595-02 ,4 54 Page 1 of 1 Melissa Tapanes From: Beba Mann [Beba.Mann@steelhector.com] Sent: Wednesday, March 23, 2005 3:00 PM To: mtapanes@brzoninglaw.com Subject: Meeting Dear Ms. Tapanes: Submitted laic) the public record in connec' ;d with item P= k on ° t. Priscilla A. Thompson City Clerk It was very nice meeting with you and your client, Ricardo Fonseca. I have spoken to Gloria Fox regarding your suggestion of having a covenant to the property. As I mentioned, she is very knowledgeable about our past experiences with covenants and looks forward to speaking with you. I have sent her your name, e-mail address and telephone number. Regards, Beba Mann 3/23/2005 Page 1 of 2 Melissa Tapanes From: bmann520@aol.com Sent: Monday, March 14, 2005 12:06 PM To: MTapanes@brzoninglaw.com Cc: rfonseca3@bellsouth.net Subject: Re: Proposed Anacapri Restaurant Dear Ms. Tapanes: Submitted Into the pl..btc record in connection With item P`Z.3I onH)v)tog, Priscilla A. Thompson City Clerk We welcome a meeting with Mr. Fonseca regarding his plans of revitalizing the Woodside Apts. As you know, we are in opposition to having a restaurant at that location, which is on a residential area. We have enough problems with the traffic that is generated from Casola's, the gas station that Mr. Fonseca owns, and the condominium that was built on 16 Court and Coral Way, besides the usual cutting through traffic. Mr. & Mrs. Fernandez are not affected by this situation since they live many blocks away from this pocket. Actually, they are pretty protected of this where they live, on the west side of 17th Avenue. We believe that structurally, the Woodside building has a lot of potential as Lofts, or an artist place, but not a restaurant. There are plenty of empty locations up and down Coral Way. Which as you know, it being totally renovated. However, Mr. Fonseca has furthered his investment on this property by hiring you. Therefore, please let me know the time and place and I will notify neighbors that a truly affected by this. Regards, Beba Mann Original Message From: Melissa Tapanes <MTapanes@brzoninglaw.com> To: 'bmann520@aol.com' <bmann520@aol.com> Cc: Richard Fonseca (E-mail) <rfonseca3@bellsouth.net> Sent: Mon, 14 Mar 2005 10:40:02 -0500 Subject: Proposed Anacapri Restaurant Dear Ms. Mann: We represent Mr. Richard Fonseca, the owner of the property located at the northwest corner of Southwest 16th Court and Southwest 1st Avenue, Miami. As you know from your discussions with Commissioner Joe Sanchez, Mr. Fonseca is proposing to revitalize the existing Woodside apartment building into a renowned Anacapri restaurant. We would like to schedule a meeting with you to discuss Mr. Fonseca's proposal at the home of my colleague and your neighbor, Ben and Beatriz Fernandez. Please phone or email me at your earliest convenience. We look forward to meeting with you soon. Best regards, Melissa Tapanes Llahues, Esq. Bercow & Radell, PA Zoning, Land Use, and Environmental Law Wachovia Financial Center, Suite 850 200 South Biscayne Boulevard Miami, Florida 33131 Direct: 305.377.6227 Facsimile: 305.377.6222 3/14/2005 Page 2 of 2 Email: mtapanes@brzoninglaw.com Submitted Into the public record in connection ith item 1Lon " o t. Priscilla A. Thompson City Clerk 3/14/2005 uL.,+1 Li rr l Uti1 11 .t.t. 3JUI1 W1I/U I item 'PZ • 31 on Li )a--) I oc, Priscilla A. Thompson City Clerk • V 'V %.4 II JI ItIUT witn item ?Z.-3i on y Priscilla A. Thompson City Picsri, Submitted Into the public record in connect gn with item 2.3 Lon Priscilla A. Thompson City Clerk THE SILVER BLUFF HOMEOWNERS ASSOCIATION AND VIZCAYA ROADS HOMEOWNERS ASSOCIATION TOGETHER WITH ALL UNDERSIGNED HOMEOWNERS herein listed wish to express our opposition to the requested change of the land use designation of the properties located at 2640 Southwest 16th Court and a portion of 2465 Southwest l7th Avenue from "Office" to "Restricted Commercial". We are also opposed to the change of zoning classification from "Office" and "SD-12" Buffer Overlay District to "C-1 " Restricted Commercial. This land use change and amendment to the Comprehensive Plan would be detrimental to this residential neighborhood. _ AM , ADDRESS DATE l't i — / P, 41 *?6- Ra / S...JG/V.23 ..WSJ 4 /O ,,1#.25-' s-r,d ik C44-. 4.5/20 - sl-,2C-_514/ (6 ti, 4-r- 1 10' ' 4/.-- lir / lf% / (T`-' Y-a/-o4 �►' ,,/, / ��� , 8 /ea C- 7- - it-o 4. e f ,�/ d41O s W ! G £t- . 11- a [-CC ' Or , •-if&ii-el '/.0G' S 0 ./_ a, 4 -i. , A.. — .2(4,13 s•W /6, - a/-06 af. ' ' OLGto 4 -a-t - 0 1, 2_y a- 3 S • w • I (e, et' - 'ir c3iee, CO a, Cdril-6-- eli(1 - -L.'r , `, , 1 'er a �'� Z• � � U/ 16' a . .�, : 2 !C1 -s %( �-�-�ri j•c-co*-� i=/#-3-7 / (f 0.t Q =-AS6, / qM- , 6 4/2/0•6 2 c9G c) 236g 5t,u /°6 c c0V> 3 2.1 3 w / 6 ZX. 74. f,8C'' W g ,2 9-.3 ti 1 fk, Li ei �c-s- =-0 a` v1 a3s 1 sNd I to-1-�-), C&. )zz o(p �G -I-o 0I Ltt ? Li a D a. 23&`f .SW t 6? rt e-7 L e3G� � f �Sua.�.r Z1 o 6_ / z? 1//z ->e> ��'C-f) ,_ i if Jf / s.— g- J as 21-- !tn23- jc1A-+I S 014-1G~2, 2301 IitW /6 17 9 •- 24 - ®c 6losn e3 3 e / su-' /9C lr '-�y--a,O' 0, 2 Y i' 6// gn oW` a ? (1 23l -r S(VJ / q .r 1 7 r6 v3�-r `I/24 I_ �S- abs 1-1 Submitted Info the public record in connecti n with item P Z•31 on __ o _ Priscilla A. Tho psan City Clerk THE SILVER BLUFF HOMEOWNERS ASSOCIATION AND VIZCAYA ROADS HOMEOWNERS ASSOCIATION • TOGETHER WITH ALL UNDERSIGNED HOMEOWNERS herein listed wish to express our opposition to the requested change of the land use designation of the properties located at 2640 Southwest 16th Court and a portion of 2465 Southwest 17th Avenue from "Office" to "Restricted Commercial". We are also opposed teethe change of zoning classification from "Office" and "SD-12" Buffer Overlay District to "C-1" Restricted Commercial. This land use change and amendment to the Comprehensive Plan would be detrimental to this residential neighborhood. J,,s NAME ADDRESS DATE i (00 S(.t) g3 S-1 o ©F� -�Z� — ),f`r`fit ' rzi-eD3 S.& `/v t 1 iA-- , c 541 (av/1' , 3 z S, t..c1, ? , A-J- 206E1757) kb2-6 AA$o .a3 2eU SzAD M, 4J= Alq.e L v.C'L '2 6 1.4IA Jm &IYeZ 2z ! e •. Y; 1 /i LV i - ._ '1 d-00 �O ,/ 70 iG !r ' .Id.' aV 0--el -t /.522 SO. VD- /ir / to /fret:_cia42.744,-"; i -.1.W.- "P6 f �.6 /,6 C/ d q 0.6 r:,,,,A,„.....,e .�cr1 fj—C---refeya. 23d .ICJ fq /lye, 33l'9-5' -2 - 06 i pri SW 1lc Ri 33145 `(- . 1142 titkOL -)Lf4-3 / 3 Jt 43 .33/ ¥5 IN4:9.4 o . s'i,) 5,-' . 4/.-- 44,‘ r /I Ie A4� i ° /7 -� �� p- : z /y//$2 2 3 5 --2.1-�, v -� �s• ©� - �.,-.imk . - /Z? 2. 54-I 2 Z -17e4,1 4 as-ft/ti G/8-g s (t19 S 3 4 1- a 126_,A) �f ucd c V-t. G1 _ .71/7/ S, cam/ 7`' -.� r �l 4,9 . -D1 . Bo Sw r ''il Ave 33ILLS0 / 06 ,: KtX vC- e-�E G� 1 •3 '? z / 51.. 6-3 , 109 047-, <f i 2_V 4.6 � 40-e-- 4-.›,6-p(op /a /off Ate. - , A, d". �lr /6 Ao Submitted Into the public' record in connecti• n w"th item P2- 31 on . i 06 Priscilla A. Thompson City Clerk Submitteii10 t record in conne item p2.31 on Priscilla A. T .r p City Pie 1H1103 H191- MIN AVFULL 'M'S City of Miami Legislation Ordinance City Hall 3500 Pan Amer€ban Drive Miami, FL 33145 www,ci.m ami.f s File Number: 05-00517 Final Action Date.. AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 2460 SOUTHWEST 16TH COURT AND A PORTION OF 2465 SOUTHWEST 17TH AVENUE, MIAMI, FLORIDA, FROM "OFFICE" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting of May 18, 2005, Item No. 1, following an advertised hearing, adopted Resolution No. PAB 50-05 by a vote of two to three (2-3), RECOMMENDING DENIAL of an amendment to the Comprehensive Neighborhood Plan due to a failure to obtain the required five (5) affirmative votes, in Ordinance No. 10544 as hereinafter set forth; and BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Future Land Use Map of Ordinance No. 10544, as amended, the Miami Comprehensive Neighborhood Plan is hereby amended by changing the land use designation from "Office" to "Restricted Commercial" for the property located at approximately 2460 SW 16th Court and a portion of 2465 SW 17th Avenue, Miami, Florida, more particularly described on Exhibit "A." attached hereto and made a part thereof. Section 2. It is found that this Comprehensive Plan designation change: (a) is necessary due to changed or changing conditions; (b) involves a residential land use of 10 acres or less and a density of less than 10 units per acre or involves other land use categories, singularly or in combination with residential use, of 10 acres or less and does not, in combination with other changes during the last year, produce a cumulative effect of having changed more than 60 acres through the use of "Small Scale development" procedures; (c) is one which involves property that has not been the specific subject of a Comprehensive Plan change within the prior twelve months; (d) is one which does not involve the same owner's property within 200 feet of property that has been granted a Comprehensive Plan change within the prior twelve months; (e) the proposed amendment does not involve a text change to goals, poiicies, and objectives of Page .1 of 2 City of Miami Printed On: 6/3/2005 Fife Number.05-00517 the local government's comprehensive plan, but proposes a land use change to the future land use map for a site -specific development; and (f) is one which is not located within an area of critical state concern. Section 3. The City Manager is directed to instruct the Director of the Planning Department to immediately transmit a certified copy of this Ordinance after its adoption on second reading to: the Secretary, Florida Department of Community Affairs; the Executive Director, South Florida Regional Planning Council, Hollywood, Florida; the Executive Director, South Florida Water Management District, West Palm Beach, Florida; the De�ta1 Proteartment �tionf �Tallahassee,T1"Ilorida see, Florida; and the Executive Director, Department of Envrone Section 4. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 5. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 6. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof pursuant and subject to § 163.3187(3)(c), Ha. Stat. (2004). {1 } APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY d�f Footnotes: {1} City of !Viand Page 2 of 2 Printed On: 6/3/2005 4L-- o o 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 • • ANALYSIS FOR LAND USE CHANGE REQUEST Approximately 2460 SW 16th Court (A portion of 2465 SW 17th Avenue) Application No. LU- 2005-009 DISCUSSION The proposal has been reviewed for a change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan from "Office" to "Restricted Commercial." The subject property consists of one lot fronting SW 16th Court (a complete legal description is on file at the Hearing Boards Office). The Miami Comprehensive Neighborhood Plan (MCNP) Policy LU-1.6.1 established future land use categories according to the Future Land Use Plan Map and the "Interpretation of the Future Land Use Plan Map." The subject block is designated "Office" and the same designation is to the north and east, "Single Family Residential" to the south and "Restricted Commercial" to the west. The "Office" land use category allow residential uses to a maximum density equivalent to "High Density Multifamily Residential" (up to a maximum of 150 units per acre) subject to the same limiting conditions; transitory residential facilities such as hotels and motels; general office use; clinics and laboratories; and limited commercial activities incidental to principal activities in designated areas. Supporting facilities such as auditoriums, libraries, convention facilities, places of worship, and primary and secondary schools may be allowed with the "Office" designation. The "Restricted Commercial" land use category allows residential uses (excepting rescue missions) to a maximum density equivalent to "High Density Multifamily Residential" (up to a maximum of 150 units per acre) subject to the same limiting conditions; any activity included in the "Office" designation as well as commercial activities that generally serve the daily retailing and service needs of the public, typically requiring easy access by personal auto, and often located along arterial or collector roadways, which include: general retailing, personal and professional services, real estate, banking and other financial services, restaurants, saloons and cafes, general entertainment facilities, private clubs and recreation facilities, major sports and exhibition or entertainment facilities and other commercial activities whose scale and land use impacts are similar in nature to those uses described above, places of worship, and primary and secondary schools. This category also includes commercial marinas and living quarters on vessels as permissible. • • • The Planning Department recommends APPROVAL of the application as presented based on the following findings: • It is found that the land use immediately west of the subject property is designated "Restricted Commercial." • It is found that the requested change to "Restricted Commercial" will increase the possibility of the subject property being developed and enhanced in a manner that will directly benefit the adjacent area. • It is found that the "Office" category allows 150 residential units per acre and the requested "Restricted Commercial" designation will also allow a maximum of 150 residential units per acre. • It is found that MCNP Objective LU-1.3 requires the City to encourage commercial, office and industrial development within existing commercial, office and industrial areas. These findings support the position that the existing land use pattern in this neighborhood should be changed. Proposal No 05-09 Date: 04/18105 CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION CONCURRENCY ANALYSES • Applicant Melissa Tapanes Llahues, Esq for Fonseca & Assoc., Inc. Address: 2460 SW 16th Ct Boundary Streets: North: N/A South: SW 1st Av Proposed Change: From. Office To: Restricted Commercial Existing Designation, Maximum Land Use Intensity Residential 0.25 acres @ 150 DU/acre Peak Hour Person -Trip Generation, Residential Other sq.ft. @ FAR Peak Hour Person -Trip Generation, Other Proposed Designation, Maximum Land Use Intensity Residential 0.25 acres @ 150 DU/acre Peak Hour Person -Trip Generation, Residential Other sq.ft. @ FAR Peak Hour Person -Trip Generation, Other Net Increment With Proposed Change Population Dwelling Units Peak Hour Person -Trips Planning District County Wastewater Collection Zone Drainage Subcatchment Basin Solid Waste Collection Route Transportation Corridor Name East: SW 16th Ct West: NIA 38 DU's 19 0 sq.ft. 0 38 DU's 19 0 sq.ft. 0 0 0 Coral Way 310 T1 #8 South Dixie RECREATION AND OPEN SPACE Population Increment, Residents Space Requirement, acres Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff 0 0.00 182-80 182.80 OK POTABLE WATER TRANSMISSION Population Increment. Residents Transmission Requirement. gpd Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff 0 0 >2% above demand >2% above demand OK SANITARY SEWER TRANSMISSION Population increment, Residents Transmission Requirement, gpd Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff 0 See Note 1. See Note 1. WASA Permit Required RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Land Use Policy 1.1.1 OIL Policy 1.2.3 STORM SEWER CAPACITY Exfiltration System Before Change Exfittration System After Change Concurrency Checkoff On -site On -site OK SOLID WASTE COLLECTION Population Increment, Residents Solid Waste Generation. tons/year Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff 0 0 800 800 OK TRAFFIC CIRCULATION Population Increment, Residents Peak -Hour Person -Trip Generation LOS Before Change LOS After Change Concurrency Checkoff 0 0 C C OK NOTES 1. Permit for sanitary sewer connection must be issued by Metro -Dade Water and Sewer Authority Department (WASA). Excess capacity. if any, is currently not known CM 1 IN 03/13/90 • ASSUMPTIONS AND COMMENTS Population increment is assumed to be all new residents. Peak -period trip generation is based on ITE Trio Generation, 5th Edition at 1.4 ppv average occupancy for private passenger vehicles. Transportation Corridor capacities and LOS are from Table PT-2{R1), Transportation Corridors report. Potable water and wastewater transmission capacities are in accordance with Metro -Dade County stated capacities and are assumed correct Service connections to water and sewer mains are assumed to be of adequate sizeif not, new connections are to be installed at owner's expense. Recreation/Open Space acreage requirements are assumed with proposed change made. **REVISED** SCHOOL IMPACT REVIEW ANALYSIS May 18, 2005 FOR INFORMATIONAL PURPOSES ONLY; THE REQUIREMENTS UNDER THE INTERLOCAL AGREEMENT APPLICANTO SL NOT FACILREQUESTITY NNG ADDITIONAL NING ARE NOT TRIGGERED SINCE RESIDENTIAL DENSITY OVER WHAT IS CURRENTLY ALLOWED IN THE PROPERTY'S ZONING CLASSIFICATION. APPLICATION: Richard Fonseca and Fonseca & Associates, Inc (PAB May 18, 2005) REQUEST: Land Use and Zoning Change from "Office" that allows 150 DU/acre to "Restricted Commercial" that allows 150 DU/acre ACRES: Approximately 0.25 net acres LOCATION: Approximately 2465 SW 16th Court and a portion of 2465 SW 17th Avenue, Miami NUMBER OF UNITS: 38 units (38 units are permitted under existing zoning designation) MSAI MULTIPLIER: 5.2 i 0.19 Multifamily ESTIMATED STUDENT POPULATION: 7 students* ELEMENTARY: 3 MIDDLE: 2 SENIOR: 2 SCHOOLS SERVING AREA OF APPLICATION: ELEMENTARY: Coral Way Elementary — 1950 SW 13 Avenue MIDDLE: Shenandoah Middle — 1950 SW 19 Street SENIOR HIGH: Miami Senior High — 2450 SW First Street All schools are located in Region IV. *Based on Census 2000 Information provided by Miami -Dade County Department of Planning and Zoning. The following population and facility capacity data are as reported by the Office of Information Technology, as of October 2004: STUDENT FISH DESIGN % UTILIZATION NUMBER % UTILIZATION CUMULATIVE POPULATION CAPACITY FISH DESIGN OF FISH DESIGN STUDENTS" PERMANENT CAPACITY PORTABLE CAPACITY PERMANENT STUDENT PERMANENT STATIONS AND RELOCATABLE Coral Way Elementary 1,235/ 571 216%/ 104 183%/ 1,482 1,238* 217% 183%* Shenandoah Middle 1,436 1,161 124%f 99 114%/ 2,745 1,437* 124%* 114%* Miami Senior High 3,343 2,115 158%/ 71 153%I 3,705 3,345* 158%* 153%* * increased student population as a result of the proposed development ** Estimated # of students (cumulative) based on zoning/land use log (2001- present) and assuming all approved developments are built; also assumes none of the prior cumulative students are figured in current population Notes: 1) Figures above reflect the impact of the class size amendment. 2) Pursuant to the Interiocal Agreement, Coral Way Elementary and Miami Senior High schools meet the review threshold. PLANNED RELIEF SCHOOLS IN THE AREA (Information included in proposed 5-Year Capital Plan, 2005-2009, dated January 2005) Projects in Planning, Design or Construction School Status Occupancy Date Coral Way Elementary Construction August 2005 K-8 Conversion (Shenandoah Middle School relief) (483 student stations) Proposed Relief Schools School Funding Year New Elementary at Southside Elementary FY 06-07 (Silver Bluff / Carver / Southside Elementary Schools relief) (1,221 student stations) Miami Senior Addition / Renovation FY 08-09 (Miami Senior High School relief) (875 student stations) OPERATING COSTS: According to Financial Affairs, the average cost for K-12 grade students amounts to $6,549 per student. The total annual operating cost for additional students residing in this development, if approved, would total $45,843. CAPITAL COSTS: Based on the State's May 2005 student station cost factors*, capital costs for the estimated additional students to be generated by the proposed development are: ELEMENTARY MIDDLE SENIOR 3 x $ 13,545 = $40,635 2 x $ 15,530 = $31,060 2 x $ 20,551 = $41,102 Total Potential Capital Cost $112,797 * Based on Information provided by the Florida Department of Education, Office of Educational Facilities Budgeting. Cost per student station does not include land cost. RESOLUTION PAB - 50-05 A RESOLUTION OF THE PLANNING ADVISORY BOARD RECOMMENDING DENIAL OF AN AMENDMENT TO THE CITY OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN DUE TO THE FAILURE TO OBTAIN THE REQUIRED FIVE (5) AFFIRMATIVE VOTES IN FAVOR OF THE PLAN AMENDMENT FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2460 SOUTHWEST M16TH COURT AND A PORTION OF 2465 SOUTHWEST MI, FLORIDA, FROM "OFFICE" TO "RESTRICTED COMMERCIAL". HEARING DATE: May 18, 2005 ITEM NO.: 1 VOTE: 2-3 ATTEST: ,, .----- Ana Geabert-Srclez, Director Planning and Zoning Department 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 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. lease feel are a series of concerns/requirements f atrthe numberou take into account. above, should you have yany means, pa any questions free to contact the department 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 ORDINANCATS3500 IPANLAE MERICAN DRIVEOMF IAME CITY CLERK (MIAMI CITY HALL), LOCATED 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 subjecto 5h change. Also, for City Commission resolutions, please contact the City Clerk's Office at 30 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 This complete application should be reviewed and initialed by the Planning designee prior to submittal. 2. Section 62-32 of the Code City and appraisal report reads as follows: the of Miami, appra��dic eview of the dopted comprehensive plan and adoption evaluation (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 ornrehenive plan. The Planning Department shall prepare an evaluation and appraisalreport r 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 opetween the date of adoption and the date of the report. ties repoed; rt shll as alll suggestompared that tchanges needed to update the comprehensive the report. The 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. This petition is proposed by: ❑ Planning Department 0 Other, please specify — Property Owner 5. The subject property is located at: 2460 SW 16 Court, a portion of 2465 SW 17 Avenue. Folio number: 01-4140-006-0280, a portion of 01-4140-006-0010 AND MORE PARTICULARLY DESCRIBED AS: Complete legal description attached hereto as Exhibit A Rev. 02-22-05 2 6. 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: Office TO: Restricted — Commercial 7. What is the purpose of this application? To allow the redevelopment of the property with a commercial use. 8. What is the acreage of the project/property site? 10,718 square feet 9. Has the designation of this property been changed in the last year? if so, when? No. 10. Do you own any other property within 200 feet of the subject property? No. If yes, has the property been granted a change in plan designation within the last year? 11. Have you made a companion application for a change of zoning? Yes. 12. Have you filed a(n): ■ Affidavit of ownership? Yes • Disclosure of ownership form? Yes • List of owners of property within 500 feet of the subject property? Yes If not, please supply them. 13. 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. 14. 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. 15. Please submit a statement indicating why you think the existing plan designation is inappropriate. The property is ideally suited for commercial use as the property immediately abuts a C-1 property and is situated across the street from the Metrorail and US-1. In addition, the office designation of the FPL substation located across the street from the subject property is also inappropriate. Accordingly, the existing comprehensive neighborhood plan designation is inappropriate. 16. Please submit a statement justifying your request to the requested plan designation change. The property is ideally suited for a commercial use given that the property abuts a C-1 property, and is located across the street from the Metrorail and US-1. Rev. 02-22-05 3 17. 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. 18. Other (Specify and attach cover letter explaining why any document you are attaching is pertinent to this application). 19. Cost of processing, according to the City Code: Conservation, recreation, residential single-family duplex Residential medium density multifamily Residential high -density multifamily, office, major public facilities, transportation/utilities Commercial/restricted, commercial/general and industrial Commercial (CBD) Surcharge for advertising each item Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice Signature Name [ ssa(Tapanes Llahues, EsQ $ 300.00 $ 450.00 $ 550.00 $ 650.00 $ 1,200.00 $ 1,200.00 $ 3.50 Address 200 S. Biscayne Blvd., Suite 850 Telephone .305) 377-6227 Date STATE OF FLORIDA COUNTY OF MIAMI-DADE foregoing instrument was acknowledged before me this day of by Melissa Tapanes Llahues, Esq. who is a(n) individual of Bercow & adell, P.A. a(n) corporation. He/Sile is personally known to me or who has produced as identification an w o did i no take h Miami, FL 33131 BETTY LLERENA M 9SStON # DO 095997 EXPIRES: February 27, 2- ' i Fs tw,taay Sm� 57,75irx�, inc. Rev. 02-22-05 4 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, Esa. Appl' �rnt Sfgn�`tu Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this J day of NIgitfi, 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 MY CQMMISS1ON # OD 095997 EXPIRES: February 27, 2008 1.Fi0P3. NOT,<HY FL New" Seavi* & Seoul% Inc. S'. 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 s-e ca- w�4 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 Owner`r�tt�`rrfe�for O ►-r Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE foregoing instrument was acknowledged b fore me this day of aoo t T_ 20 by LAett S t04V' in ividual/partner/auenaticorporation of a(n) individual/partnershipicorporation. produced as (Stamp) Rev. 02-22-05 M8ETTY LLERENA KP R$$1 February OD 095997 'o3N_r Notary r ry on n2006 i �narn9, w is a(n) \09- He/She is personal) known to e or who has identification and who did (did not) take an oath. 1 4._- 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 1BIIII THIS INSTRUMENT PREPARED BY:11EC �P5 IRA B. PRICE, ESQ. 9100 S. Dadeland Blvd. PH-1 Ste. 1701 Miami, Florida 33156 Tax Folio #01-41-40-006-0280 Grantee's S/S # U+ iuf:E CONNtr_ LAVA. '4 GOVIC YL f .t I I iARVEY RUVIN 9 9 R07 156 6 1999 FEB 10 09r04 76500 HARVEY6EE RUVEH+O20CLERKS DAD C0UHTY �FL WARRANTY DEED (Statutory Form - Section 689.02 F.S.) � 1~ THIS INDENTURE, made this day of February, 1999, BETWEEN, R. DAVID BUTT, Trustee of the R. David Butt Revocable Inter Vivos Trust 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, Witnesseth: 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 heirs 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, WOODSIDE, according to the Plat thereof, as recorded in Plat Book 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. e **Please Note: -This property is not now nor has whose hastever off bee adheh mistead of R. David Butt, Trustee, Grantor, set forth above."" IN WITNESS WHEREOF, Grantor has hereunto set grantor's hand and seal the day and year first above written. es: Wi (71 witnes witness print name: STATE OF FLORIDA COUNTY OF MIAMI-DADE I hereby certify that on thin day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid produato kd e acknowledg men s personally appeared, R. David Butt, 0�� r- —_ as identification and acknowledged before me that they exe ted the same' WITNESS my hand and official seal in the Cou ty and State last aforesaid this day of February, '99. R. i7AVID BUTT, ruatee My Commission Expires: )SS NOTARY PUB (print nam Commission r• l383EEC2o Axii, io 83R360861 Kir I2003 Pc t 543 SPECIAL WARRANTY DEED STATE OF'FLORIDA ) COUNTY OF DADE ) PHIS' INDENTURE, made this i.dlt day of Atet-Ntl"-t,. '1983, between UNION OIL COMPANY OF CALIFORNIA, a California corporation, with an office at 1650 East Golf Road, Schaumburg, Cook County, Illinois 60196, herein called 'Grantor", and RICARDO R. FONSECA, SR., RICARDO R. ' FCNS}T71, JR. and GIL I. FCNSECA, each an undivided one third interest as Tenants in Gamier, 2465 S.W. 17th Avenue, Miami, Florida 33145, herein called "Grantee. 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. 17th 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. TIETZE _, Attorney for UNION OIL COMPANY OF CALIFORNIA, 1650 East Golf_Road, Schaumburg, Illinois •60196. • ,Tc. i 2003 vc'I 54.4 Together with. ell• 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 persons 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: 7?4rel--/ UNION OIL COMPANY OP CALIFORNIA By Vi e Pres dent _2- f sistant Secretary. • 12003 pt' 154.5 STATE OF ILLINDIS .COUNTY OF COOK I hereby certify that on this day before me. an officer duly authorized in the State aforesaid and in the County aforesaidto take acknowledgments. Personally appeared S. A. ARNOLD arfd (1:MAURER , to me known and, known to be the persons described in and who executed the foregoing instrument as Vice Presi- dent and Assietant 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 f, • ' day of , 1983. last aforesaid this My Commission Expires: JEAN S. PRUf..1, rut Cook Cour,Iv !!.f My COrnillswon Exo!tc5 Mafen 11. 1966 !• • - tr �s r No ry Public in and fo'fJCgk Q•.:' Illinois County, •.w.uc n PRIM MOM ■% [[m.. v(MFi[P 1CHA,RP P. 8RINK C�.UJ( CMCIJ f mat PLANNING FACT SHEET APPLICANT HEARING DATE REQUEST/LOCATION LEGAL DESCRIPTION PETITION PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS APPLICATION NUMBER PLANNING ADVISORY BOARD CITY COMMISSION LEGISTAR FILE NUMBER Melissa Tapanes Llahues, Esq., on behalf of Richard Fonseca and Fonseca & Associates, Inc. May 18, 2005 Consideration of amending the Miami Comprehensive Neighborhood Plan. Complete legal description on file with Hearing Boards. Consideration of amending Ordinance No. 10544 of the Miami Comprehensive Neighborhood Plan by amending the Future Land Use Map for the property located at approximately 2460 SW 16th Court, and a portion of 2465 SW 17th Avenue, Miami, Florida from "Office" to "Restricted Commercial." Approval. See supporting documentation. 2005-040 Recommended denial due to the failure to obtain the required five affirmative votes in favor. November 17, 2005 05-00517 Item #1 VOTE: 2-3 CITY OF MIAMI • PLANNING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 Date: 11/8/2005 Page 1 ;W 23 ST SW 24 ST NMI" 11111221111 SW 24 TER MEDIUM DENSITY MULTIFAMI SW 23 ST VA NM 11111110111 -TEE DR SW 23 TER 5AA 0 150 300 600 Feet Address: 2460 SW 16 CT November 30, 2005 Commissioner Joe Sanchez Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Re: Properties located at 2460 S.W. 16th Court and 2465 S.W. 17th Avenue, Miami, Florida - Public Hearing Application LU-2005-07 and 2005-040 Dear Commissioner Sanchez: I am writing to express my support of the above -captioned application ("Application"). I understand that the Application entails a redesignation of the property to commercial as well as a rezoning of the property to C-1. The 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. In addition, the Owner intends to develop the Property consistent with the C-1 zoning district regulations, and will not be requiring a parking variance. 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. 1st 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. I am satisfied that the proposed development will benefit my neighborhood and our community as a whole. Accordingly, I strongly urge you to approve the Application. SUBMITTED INTO THE PUBL!^ "GuCRD FOR ITEM Very tru.y yours, 1/ '7b d t/Gr/.t/,pw1# G<�GzC i4 4/ 7L , 33/33 November 30, 2005 Commissioner Joe Sanchez Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Re: Properties located at 2460 S.W. 16th Court and 2465 S.W. 17th Avenue, Miami, Florida - Public Hearing Application LU-2005-07 and 2005-040 Dear Commissioner Sanchez: I am writing to express my support of the above -captioned application ("Application"). I understand that the Application entails a redesignation of the property to commercial as well as a rezoning of the property to C-1. The 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. In addition, the Owner intends to develop the Property consistent with the C-1 zoning district regulations, and will not be requiring a parking variance. 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. 1st 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. I am satisfied that the proposed development will benefit my neighborhood and our community as a whole. Accordingly, I strongly urge you to approve the Application. Very truly yours, Ateetit / / 4 rH ( 3)133 Submitted Into the public record in connection ith item FZ-ll on ta- , 05 Priscilla A. Thomason City Clerk November 30, 2005 Commissioner Joe Sanchez Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Re: Properties located at 2460 S.W. 16th Court and 2465 S.W. 17th Avenue, Miami, Florida - Public Hearing Application LU-2005-07 and 2005-040 Dear Commissioner Sanchez: I am writing to express my support of the above -captioned application ("Application"). I understand that the Application entails a redesignation of the property to commercial as well as a rezoning of the property to C-1. The 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. In addition, the Owner intends to develop the Property consistent with the C-1 zoning district regulations, and will not be requiring a parking variance. 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. 1st 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. I am satisfied that the proposed development will benefit my neighborhood and our community as a whole. Accordingly, I strongly urge you to approve the Application. Submitted Into the public record in connection vith item PZ. I1 on t 1. % \ OE Priscilla A. Thompson City Clerk Very truly yours, 2a'2 ( C0c,CooC el `� �223.2 November 30, 2005 Commissioner Joe Sanchez Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Re: Properties located at 2460 S.W. 16th Court and 2465 S.W. 17th Avenue, Miami, Florida - Public Hearing Application LU-2005-07 and 2005-040 Dear Commissioner Sanchez: I am writing to express my support of the above -captioned application ("Application"). I understand that the Application entails a redesignation of the property to commercial as well as a rezoning of the property to C-1. The 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. In addition, the Owner intends to develop the Property consistent with the C-1 zoning district regulations, and will not be requiring a parking variance. 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. 1st 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. I am satisfied that the proposed development will benefit my neighborhood and our community as a whole. Accordingly, I strongly urge you to approve the Application. Very truly yours, 117S6 ChvGUm\t4) Submitted Into the public record in connection with item P2.1 t on -a- t t oS Priscilla A. Thompson City Clerk November 30, 2005 Commissioner Joe Sanchez Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Re: Properties located at 2460 S.W. 16th Court and 2465 S.W. 17th Avenue, Miami, Florida - Public Hearing Application LU-2005-07 and 2005-040 Dear Commissioner Sanchez: I am writing to express my support of the above -captioned application ("Application"). I understand that the Application entails a redesignation of the property to commercial as well as a rezoning of the property to C-1. The 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. In addition, the Owner intends to develop the Property consistent with the C-1 zoning district regulations, and will not be requiring a parking variance. 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. 1st 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. I am satisfied that the proposed development will benefit my neighborhood and our community as a whole. Accordingly, I strongly urge you to approve the Application. Very truly yours, ,,c,„cf A) 0►- G rc,- Submitted Into the public record in connection with item P2.11 on I1 Priscilla A. Thompson City Clerk November 30, 2005 Commissioner Joe Sanchez Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Re: Properties located at 2460 S.W. 16th Court and 2465 S.W. 17th Avenue, Miami, Florida - Public Hearing Application LU-2005-07 and 2005-040 Dear Commissioner Sanchez: I am writing to express my support of the above -captioned application ("Application"). I understand that the Application entails a redesignation of the property to commercial as well as a rezoning of the property to C-1. The 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. In addition, the Owner intends to develop the Property consistent with the C-1 zoning district regulations, and will not be requiring a parking variance. 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. 1st 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. I am satisfied that the proposed development will benefit my neighborhood and our community as a whole. Accordingly, I strongly urge you to approve the Application. Very truly yours, i77 ateccolaSal�! SUBMITTED INTO THE PUBLIC RECORD FOR ITEMrz. ON Page 1 of 2 Melissa Tapanes From: Melissa Tapanes Sent: Wednesday, November 30, 2005 8:55 AM To: 'Louise R. Caro' Cc: rfonseca3@bellsouth.net Subject: RE: update on fonseca matter Dear Louise: As I mentioned to you yesterday, Mr. Fonseca is more than willing to negotiate with Ms. Mann and the neighboring residents to resolve this matter. In the absence of any proposed terms for the covenant and an agreement to negotiate in good faith, we do not intend to defer Thursday's hearing. We have consistently acted in good faith with Ms. Mann, the Silver Bluff HOA, and the Vizcaya HOA, and deferred this matter for two months prior to Zoning Board in order to allow the emotions to settle, provide time for Ms. Mann to retain counsel, and continue our appeal to negotiate. Our certified letters and repeated appeals went without response. We suggested to Ms. Mann that the neighborhood ought to retain counsel at our first meeting prior to filing the application. The threat of litigation does not impact our decision to move forward on Thursday. I recommend that we discuss the neighborhood's proposed terms for a covenant between today and tomorrow morning. If the proposed terms are acceptable to Mr. Fonseca, then we can proffer those terms as a condition of approval for second reading. Then we will have approximately one month to finalize the covenant. We do not wish to waste any time if the neighbors are not willing to negotiate in good faith, as they have continuously stated on the record. will be in hearings at the Board of County Commissioners all day (and evening) today. Please phone my cellular at 305.785.2683 to discuss this matter further. Best regards, Melissa Tapanes Llahues, Esq. Bercow & Radell, PA Zoning, Land Use and Environmental Law Wachovia Financial Center 200 South Biscayne Boulevard, Suite 850 Miami, Florida 33131 Direct: 305.377.6227 Facsimile: 305.377.6222 Email: mtapanes@brzoninglaw.com The information contained in this electronic message is privileged and confidential and is intended only for the use of the individual named above and others who have been specifically authorized to receive such. If the recipient is not the intended recipient, you are hereby notified that any dissemination, distribution or duplication of the communication is strictly prohibited. If you have received this communication in error, or if any problems occur with transmission, please immediately notify us by telephone (305) 374-5300. Mom. SUBMITTE INTO THE PUBLC RECORD FOR From: Louise R. Caro [mailto:louiserc@bellsouth.net] 11/30/2005 ITEMrz, 1/ ON ),2_l4? % c� cc- Gc r 7 Page 2 of 2 Sent: Tuesday, November 29, 2005 7:40 PM To: Melissa Tapanes Subject: update on fonseca matter Importance: High Melissa, I've talked with my clients and here is where we are at: 1) Based on past interactions, they are uncomfortable talking to you at this point, they will talk through me. 2) They are open to the following: a) I will draft a covenant running with the land (they don't want boiler -plate), and after I have their approval, I will present it to you. b) They are looking for support for the street closure, and/or some traffic calming solution. You had mentioned that your client would be able to support it (that doesn't mean we're trying to get you to pay for it) let's hope that is still the case. I think it is reasonable given I've just come on board, and it would be an act of good faith given these developments, to defer first reading. It would also serve to calm emotions instead of adding fuel to the fire. I've been assured by my clients that they are preparing for litigation, win or lose with the commission; they figure there is no choice, so they will be hot for a fight before the commission. It seems that we have a window of opportunity right now to resolve this without litigation; I think we should take it. Please let me know your plans ASAP (Wednesday morning would be ideal). Louise Louise R. Caro Attorney at Law 3683 Avocado Ave Coconut Grove, FI 33133 Phone: (954) 632-0569 Fax: (305) 448-0279 Submitted Into the public record in connection with item Pz • li on 12-1 oS Priscilla A. Tho pon City Clerk 11/30/2005 PLANNING FACT SHEET APPLICANT HEARING DATE REQUEST/LOCATION LEGAL DESCRIPTION PETITION PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS APPLICATION NUMBER PLANNING ADVISORY BOARD CITY COMMISSION LEGISTAR FILE NUMBER Melissa Tapanes Llahues, Esq., on behalf of Richard Fonseca and Fonseca & Associates, Inc. May 18, 2005 Consideration of amending the Miami Comprehensive Neighborhood Plan. Complete legal description on file with Hearing Boards. Consideration of amending Ordinance No. 10544 of the Miami Comprehensive Neighborhood Plan by amending the Future Land Use Map for the property located at approximately 2460 SW 16th Court, and a portion of 2465 SW 17th Avenue, Miami, Florida from "Office" to "Restricted Commercial." Approval. See supporting documentation. 2005-040 Item #1 Recommended denial due to the failure to obtain the required five affirmative votes in favor. Continued on November 17, 2005. 05-00517 VOTE: 2-3 CITY OF MIAMI • PLANNING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 Date: 12/12/2005 Page 1 Page 1 of 2 Rodriguez, Anel From: Rodriguez, Anel Sent: Tuesday, February 07, 2006 1:01 PM To: Reyes, Aldo Cc: `mtapanes@brzoninglaw.com Wysong, George; Toledo, Orlando; Gonzalez, Teresita (Terry); Fernandez, Teresita; Castillo, Vanessa Subject: RE: CORRECTED determination: Fonseca & Associates public hearing application Tracking: Recipient Reyes, Aldo 'mtapanes@brzoninglaw.com' Wysong, George Toledo, Orlando Gonzalez, Teresita (Terry) Fernandez, Teresita Castillo, Vanessa Thank you, Aldo. MR. ANEL RODRIGUEZ Adm Asst II - Hearing Boards 305.416.2037 - 305.416.2035 axrodriguez a@ci.miami.fl.us Read Read: 2/7/2006 1:06 PM From: Reyes, Aldo Sent: Tuesday, February 07, 2006 12:25 PM To: Wysong, George Cc: Toledo, Orlando; Rodriguez, Anel; Fernandez, Teresita; 'mtapanes@brzoninglaw.com'; Gonzalez, Teresita (Terry) Subject: CORRECTED determination: Fonseca & Associates public hearing application This email shall confirm that Orlando Toledo (Zoning Administrator) has determined that the proposed amendment to the Richard Fonseca and Fonseca & Associates changes in the public hearing application to be heard by the City Commission on second reading on February 23, 2006, "is considered to be substantial." Therefore, a new application is required and it's to be resend back to the zoning board. Aldo Reyes Chief Zoning Inspector City of Miami Office of Zoning 305-416-1493 areyes@ci. miam i. fl.us From: Reyes, Aldo Sent: Monday, February 06, 2006 4:41 PM To: Wysong, George 2/7/2006 Page 2 of 2 Cc: Toledo, Orlando; Rodriguez, Anel; Fernandez, Teresita; 'mtapanes@brzoninglaw.com' Subject; Fonseca & Associates public hearing application This email shall confirm that Orlando Toledo (Zoning Administrator) has determined that the proposed amendment to the Richard Fonseca and Fonseca & Associates public hearing application to be heard by the City Commission on second reading on February 23, 2006, is "not substantial." Therefore, the application may be amended as follows: FROM: Office (0) to Restricted Commercial (C-1) TO: Office (0) and SD-12 to Restricted Commercial (C-1) Please advertise this matter for second reading on February 23, 2006. Should you have any questions or require additional information, please do not hesitate to phone me or Orlando at 305.416.1491. Thank you. Aldo Reyes Chief Zoning Inspector City of Miami Office of Zoning 305-416-1493 areyes@ci.mianii.fl.us 2/7/2006 PLANNING FACT SHEET APPLICANT HEARING DATE REQUEST/LOCATION COMMISSION DISTRICT LEGAL DESCRIPTION PETITION PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS APPLICATION NUMBER PLANNING ADVISORY BOARD CITY COMMISSION NOTE LEGISTAR FILE NUMBER Melissa Tapanes Llahues, Esq., on behalf of Richard Fonseca and Fonseca & Associates, Inc. May 18, 2005 Consideration of amending the Miami Comprehensive Neighborhood Plan. 4 Complete legal description on file with Hearing Boards. Consideration of amending Ordinance No. 10544 of the Miami Comprehensive Neighborhood Plan by amending the Future Land Use Map for the property located at approximately 2460 SW 16th Court, and a portion of 2465 SW 17th Avenue, Miami, Florida from "Office" to "Restricted Commercial." Approval. See supporting documentation. 2005-040 Recommended denial due to the failure to obtain the required five affirmative votes in favor. Item #1 VOTE: 2-3 Continued on November 17, 2005. Passed First Reading on December 1, 2005. On February 7, 2006, the Zoning Administrator determined that the proposed Zoning Change companion amendment should return to the Zoning Board with a revised application due to the omission of the SD-12 Buffer Overlay District zoning designation; therefore, returning to City Commission on April 27, 2006 as First Reading. 05-00517 CITY OF MIAMI • PLANNING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 Date: 4/20/2006 Page 1 City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.f#.us File Number: 0S-00517 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE Na 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 2460 SOUTHWEST 16TH COURT AND A PORTION OF 2465 SOUTHWEST 17TH AVENUE, MIAMI, FLORIDA, FROM "OFFICE" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting of May 18, 2005, Item No. 1, following an advertised hearing, adopted Resolution No. PAB 50-05 by a vote of two to three (2-3), RECOMMENDING DENIAL of an amendment to the Comprehensive Neighborhood Plan due to a failure to obtain the required five (5) affirmative votes, in Ordinance No. 10544 as hereinafter set forth; and BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Future Land Use Map of Ordinance No. 10544, as amended, the Miami Comprehensive Neighborhood Plan is hereby amended by changing the land use designation from "Office" to "Restricted Commercial" for the properties located at approximately 2460 SW 16th Court and a portion of 2465 SW 17th Avenue, Miami, Florida, more particularly described on Exhibit "A," attached hereto and made a part thereof. Section 2. It is found that this Comprehensive Plan designation change: (a) is necessary due to changed or changing conditions; (b) involves a residential land use of 10 acres or less and a density of less than 10 units per acre or involves other land use categories, singularly or in combination with residential use, of 10 acres or less and does not, in combination with other changes during the last year, produce a cumulative effect of having changed more than 60 acres through the use of "Small Scale development" procedures; (c) is one which involves property that has not been the specific subject of a Comprehensive Plan change within the prior twelve months; (d) is one which does not involve the same owner's property within 200 feet of property that has been granted a Comprehensive Plan change within the prior twelve months; (e) the proposed amendment does not involve a text change to goals, policies, and objectives of City of Miami Page 1 of 2 Printed On: 4/18/2006 Fie Number. 05-00517 the local government's comprehensive plan, but proposes a land use change to the future land use map for a site -specific development; and (f) is one which is not located within an area of critical state concern. Section 3. The City Manager is directed to instruct the Director of the Planning Department to immediately transmit a certified copy of this Ordinance after its adoption on second reading to: the Secretary, Florida Department of Community Affairs; the Executive Director, South Florida Regional Planning Council, Hollywood, Florida; the Executive Director, South Florida Water Management District, West Palm Beach, Florida; the Secretary, Department of Transportation, Tallahassee, Florida; and the Executive Director, Department of Environmental Protection, Tallahassee, Florida. Section 4. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 5. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 6. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof pursuant and subject to § 163.3187(3)(c), Fla. Stat. (2005). {1} APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY Footnotes: {1} This Ordinance shall become effective as specified unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated, whichever is later. City of Miami Page 2 of 2 Printed On: 4/18/2006