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HomeMy WebLinkAboutOLD Application & Supporting DocsBERCOW & RADELL ZONING. LANE) USE AN© ENVIFIONME NTAI- LAW DIRECT LINE: (305) 377-6227 E-MAIL: mtapanes@brzoningiaw.com VIA HAND DELIVERY April 4, 2005 Ms. Teresita Fernandez City of Miami 444 Southwest 2nd Avenue Seventh Floor Miami, Florida 33130 Re: Properties located at 2460 Southwest 16th Court and 2465 Southwest 17th Avenue Miami Florida Dear Teresita: This law firm represents the Richard Fonseca and Fonseca & Associates, Inc., the owners ("Owner") of the 10, 718-square foot property located along Southwest lst Avenue and legally described as recordedLot in,Block 1, Woodside A Plat Book 5, at Page 28, of the Public Records according of Miami -Dade County, Florida ("Property"). fice. Currently The Property is currently designated and zoned Of building, is situated the Woodside Apartments, a deteriorated four -unit apartment on the Property. This apartment buildingThe Ownerirnultds to revitalize the i-family apartment facade of the Woodside Apartments and convert the building into Anacapri, a renowned Italian restaurant inbuCora Gables and Pinecrest. Enclosed, please find photographs of the existing lding, sketches of the proposed Anacapri, and articles boasting Anacapri's merits. The redesignation and rezoning of the Property to Resi The Cod ©mer ial and C-1 is compatible with the surrounding neighborhood. perty is located along S.W. lst Avenue, directly north of both the Metrorail path and US- 1. To the west of the Property lies the Owner's gasoline & v ise ht subst nd Power grocery store. To the east of the Property lies a Florida g The Property abuts Casola's parking lot to the North. All theosed rises s ssur oantding will the Property are commercialThe n�me��al use. p be an appropriate neighborhood serving c WACHOVIA FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 550 • MIAMI, FLORIDA 33131 PHONE. 305.374.5300 • FAX. 305.377.6222 Ms. Teresita Fernandez April 4, 2005 The Owner intends to develop the Property consistent with the C-1 zoning district regulations, and will not be requiring a parking variance. In a additi ion to the Owner providing more than the requiredparking, ng Authority intends to complete the construction of current5. The 2 parkingospacesal plan under lutes pedestrian is path by toember andfrom the parking lot to the Property. pedestrian crosswalks As Assistant Director Lourdes Slazyk confirmed on March 3, 2005, the proposed modification to the Property's designation s and ling,does ht entitlet alter ments its current density and height entitlements. The density and g in the 0 and C-1 zoning districts are identical. As always, thank you for your assistance. Should he have any questions or comments, please do not hesitate to contact me. Very truly yours, Cc: Mr. Richard Fonseca Ben Fernandez, Esq. 7 Melissa 'Tapane Llahues, Esq. BERCOW & RAD LL oNitia, a.o u o r, IR.PINVER-4 ,,, �nw HEARING BOARDS 444 SW 2h` Avenue, 7th Floor • Miami, Florida 33130 Telephone 305-416-2030 • Fax 305-416-2035 www.ci.miami.fl.us PUBLIC HEARING APPLICATION FOR AMENDMENT TO THE ZONING ATLAS AND/OR OVERLAY DISTRICT Welcome to Hearing Boards! This application process is for your reference and review. It is intended to serve as a guide in acquainting you with our public hearing process. Following are a series of concerns/requirements for you take into account. By any means, please feel free to contact the department at the number above, should you have any questions. CITY OF MIAMI ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE STATES THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. The responses to the attached application must be typed and the complete application must be signed in black ink. It will be accepted, along with pertinent documents, only the first seven days (1-7) of the month from 8:00 am until 3:00 pm. Please note that the cashier located on the 4th floor will close at 4:00 pm; therefore, the complete application, reviewed plans and a paid receipt, must be submitted before the deadline. Upon submittal, this application must be accompanied with a signed and current Zoning Referral, You will be responsible, if needed, to bring an interpreter for the English language to any presentation before city boards, committees and the city commission. A valid power of attorney will be required if neither applicant or legal counsel representing the applicant execute the application or desire to make a presentation before city boards, committees and the city commission. An additional cost to record the Zoning Board resolution is $6.00 for the first page and $4.50 for additional pages. All fees are subject to change. Also, for City Commission resolutions, please contact the City Clerk's Office at 305-250-5360. Applications for Zoning Change (Amendment to Zoning Atlas and/or Overlay District) and Land Use Change (Amend the Comprehensive Neighborhood Plan) will not be accepted unless it is signed or initialed by the Planning Department designee. Applications given to customers do not constitute action from the City of Miami without plans review and written comments from Zoning. Rev. 02-22-05 I, Melissa Tapanes, Llahues, Esq. on behalf of Richard Fonseca, hereby apply to the City Commission of the City of Miami for an amendment to the Zoning Atlas of the City of Miami as more particularly described herein and in support of that request, furnish the following information (see Article 22 of the Zoning Ordinance): 1. Address of property: 2460 SW 16 Court, a portion of 2465 SW 17 Avenue, Miami, FL 2. Folio number: 01-4140-006-0280, a portion of 01-4140-006-0010 3. Two (2) 11 x17" original surveys of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application. 4. At least two photographs that show the entire property (land and improvements). 5. A clear and legible copy of the recorded warranty deed and tax forms of the most current year that shows the present owner(s) and legal description of the property. 6. A clear and legible copy of the subject property address and legal description on a separate sheet of paper, labeled as "Exhibit A". 7. Affidavit and disclosure of ownership of subject property and disclosure of interest (see pages 4 and 5). 8. Certified list of owners of real estate within a 500-foot radius from the outside boundary of property (see pages 6 and 7). 9. Present zoning designation(s): 0 Office Future zoning designation(s): C-1 Restricted Commercial 10. Statement explaining why present zoning designation is inappropriate. The property is ideally situated for commercial use as it is directly abutting a C-1 property and the property is situated across the street from the Metroraif and US-1. 11. Statement as to why proposed zoning designation is appropriate. The property is located immediately abutting a C-1 property and is ideally suited for commercial use given its proximity to S.W. 17 Avenue and US-1. 12. is the property within the boundaries of a historic site, historic district or archeological zone designated pursuant to Chapter 23 of the Miami City Code? {Contact the Preservation Officer at the Planning Department (3`d Floor) at 305-416-1400 for information.} No Rev. 02-22-05 2 13. Is the property within the boundaries of an Environmental Preservation District designated pursuant to Chapter 17 of the Miami City Code? {Contact the Preservation Officer at the Planning Department (3rd Floor) at 305-416-1400 for information.} No 14. What is the acreage of the project/property site? 10,718 square feet 15. What is the purpose of this application/nature of proposed use? The Applicant intends to develop the property with a restaurant. 16. All documents, reports, studies, exhibits (8 '/z x11 ") or other written or graphic materials to be submitted at the hearing shall be submitted with this application and will be kept as part of the record. 17. Other (Specify and attach cover letters explaining why any document you are attaching is pertinent to this application). 18. Cost of processing according to the City Code: Change of zoning classification: CS, PR, R-1, R-2, per square foot of net lot area $ .15 Minimum $ 635.00 R-3, R-4, 0, G/I, HP per square foot of net lot area $ .20 $ 750.00 $ .25 $ 900.00 $ .30 $ 1,000.00 Minimum C-1, C-2, I, per square foot of net lot area Minimum CBD and all SD's, per square foot of net lot area Minimum Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice $ 3.50 Signature Address 200 S. Biscayne Blvd. # 850 Name M¢Iissa Tapanes Llahues, Esq. Telephone 305-377-6227 Date Miami, FL 33131 , 2005 STATE OF FLORIDA COUNTY OF MIAMI-DADE Ilk The foregoing instrument was acknowledged before me this day of- e+i, 2005, by Melissa Tapanes Llahues, Esq. who is a(n) agent of Bercow & Radell, PA a(n) corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Rev. 02-22-05 LLEAENA KIN # O tmr „.393F1 S„M. ignatur 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, Ixl including responding to day to day staff inquires; El not including responding to day to day staff inquiries in which case he/she should be contacted at 305-377-6227 3. That the foregoing pages are made a part of this affidavit contain the current names, mailing addresses, telephone numbers and legal descriptions for the real property of which he/she is the owner or legal representative. 4. The facts as represented in the application and documents submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. Melissa Tapanes Llahues. Esq. Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE .77 Applfc S'gnatupe The foregoing instrument was acknowledged before me this ~' day of rc , 2005, by Melissa Tapanes Llahues, Esq. who is a(n) agent of Bercow & RadeII, PA a(n) corporation. Ile/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) EFENA MY COMMISSION # DO Nn 7 EXPIRES: Feiguarg 27, 2C66 N-Cra 'ica & rah&ry, Slnature Rev. 02-22-05 4 2460 SW 16 Court 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 CAd PcrSeCa ICC% 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 2465 SW 17 Avenue See Exhibit A Melissa Tapanes Llahues, Esq. Owner or Attorney for Owner Name Owner1b 'tt, e for O -r Signature f s' STATE OF FLORIDA COUNTY OF MIAMI-DADE T e foregoing instrument was acknowledged b fore me this day of 1 20 by LA S5 `T�f 4i,YICS LA S w 4 a(n) in ividual/partner/ gent/corporation of ).3 c a a(n) individuallpartnership/corporation. He/S is personal l known to e or who has produced as identification and who did (did not) take an oath. (Stamp) BED "���tt�sr �-C�9Et�A XF�1 ES. or•J # tlO 09Sg? meaty 27 Rev. 02-22-05 4 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 THIS INSTRUMENT PREPARED IRA B. PRICE, ESQ. 9100 S. Dadeland Blvd. PH-1 Ste. 1701 Miami, Florida 33156 ay I 1 B4fl Tax Folio #01-41-40-008-0280 Grantee's S/S # eit cx7l vco nr [M ra:w l.rc.04031 LOU, U• rNp,cpyN,r 15,y= yL. ,tecO N7 HARVEY HUM cures fa+ef.Mr Yrf•':7 r 99RO71566 1999 FEE 10 09104 DOCSTPDEE 1r020.00 S11RT% 765.00 HARVEY RUVIH, CLERK DADE COUNTY, FL WARRANTY DEED tStatutory Form - Section 689.02 F-S. 0111 THIS INDENTURE, made this day of February, DAVID BUTT,* Trustee of the R. David Butt Revocable dated April 28, 1992, whose post office address Miami, Florida , Grantor, and , RICARDO R. FONSECA, a post office address is: 100 Lincoln Road, Miami Beach, 1999, BETWEEN, R. Inter Vivos Trust 5010 SW 69 Place, married man, whose Florida, Grantee, Witneeseth: 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, lees the West 65 feet, Block 1, WOODSIDE, according to the Plat thereof, as recorded in Plat Hook 5, Page 28, of the Public Records of Miami -Dade County, Florida. individually and Subject to restrictions, reservations, easements and limitations of record, if any, provided that this shall not serve to reimpose same, zoning ordinances, and taxes for the year 1994 and subsequent years. Said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. "Grantor" and "Grantee" are used for singular or plural, as context requires. **Please Note: This property is not now nor has ever been the homestead of R. David Butt, Trustee, Grantor, whose post office address is set forth above.** IN WITNESS WHEREOF, Grantor has hereunto set grantor's hand and seal the day and yearst above written. Wi es: Lwitnes rin name1?Upi7" Ai. VALT) witness print name: STATE OF FLORIDA COUNTY OF MIAMI-DADE ) 1 53 R. DAVID BUTT, rustee I hereby certify that on thia day. authorized in the State aforesaid and in acknowledg men-ts, personally appeared, R „5j�(iC� as identification an they exe ted the same. WITNESS my hand and official seal aforesaid this day of February, "99, NOTARY PUB (print nam Commission .My Commission Expires: 3.. before me, an officer duly the County aforesaid to take . David Butt, who produced d acknowledged before me that in the Coutty and State last rotary Stomps Cat 1333DEC 20 .)411' 10 • 83R360861 12003 . PC'i 543 SPECIAL WARRANTY DEED STATE OF FLORIDA ) COUNTY OF DADE ) ,,QQ, TUTS INDENTURE, made this �` day of N .. 1983, between UNIONOIL COMPANY OF CALIFORNIA, a California corporation, with an office at 1650 Eaat Golf Road, Schaumburg, Cook County, Illinois 60196, herein called "Grantor", and RICARDO R. FO SECA, SR., RICARDO R. revs .CA, JR. and GIL I. FCNSFIrA, each an undivided one third interest as Tenants in Cmnn.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 ie 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 S. 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. T1ETZE , Attorney for UNION OIL COMPANY OF CALIFORNIA,. 1650 East Golf,_ Road, Schaumburg, Illinois 60196. .1 Z003 PG'1544 Together with. all•tenemmnts, hereditaments and appurtenances, thereunto belonging or inranywise 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' claiming by,.thtough or under'Grantor, but not otherwise. IN WITNESS WHEREOF, UNION OIL COMPANY OP 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: UNION OIL COMPANY OP CALIFORNIA By Vide Pr dent $y �n Secretary,. sastant Secretary"" i . 11[, 12003 pG1545 STATE OF ILLINOIS f ..COUNTY ar COOK , I hereby certify that on'this day before me, an afficer.duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared S. A, ARNOLD asid {, !, MAt1RER , to me known and known to be the persons described in and who executed the foregoing instrument as Vice Presi- dent and Assistant Secretary, respectively, of the corporation named therein and severally acknowledged before me that they executed the same as such officers in the name and on behalf of such corporation. WITNESS my signature and official seal in the County and State last aforesaid this % day of 1,..e.cr t21,L e41 , 190. Is'. • � Cdwi% c; •7 tl *TIP No ry Public in and fotiCoUk tt ;: County, Illinois My Commission Expires: JEAN S. PROS. Flnonro F`uiokC Cook Cvunly. 111.,”., My Comrntsslon Expire, Marco t 1, 1966 rAewo W OMM YR,qMO MA W aw WOO ,wry, WCww YC4no mum claw qua &1C8'AIw p. 8X1Hin 5 1