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Home My WebLink AboutCC Application & Supporting DocsBILZIN SUMBERG BAENA PRICE & AXELROD LLP A PARTNERSHIP OF PROFESSIONAL ASSOCIATIONS 200 SOUTH BISCAYNE BOULEVARD, SUITE 2500 • MIAMI, FLORIDA 33i31-5340 TELEPHONE: (305) 374-7580 • fiAX: (305) 374-7593 E-MAIL: I NFO.SILZIN.COM • WWW.BILZIN.COM A. Vicky GarciaToieda Direct Dial: 305-350-2409 Direct Facsimile: 305-351-2233 E-mail: vgt{c�biizin.com May 5, 2006 VIA HAND) DELIVERY Ms. Teresita Fernandez Chien, Hearing Board City of Miami Miami River Center, Seventh Floor 444 S.W. Second Avenue Miami, Florida 33130 Re: Letter of Intent Jokur Acquisitions, Inc. 3663 SW 17 Street (the "Property") Dear Ms. Fernandez: On behalf of our client, Jokur Acquisitions, Inc., we hereby submit a public hearing application for an amendment to the Miami Comprehensive Neighborhood Plan and a public hearing application for an amendment to the Zoning Atlas and/or Overlay District (collectively. the "Applications") in connection with the Property. The Property has been used as a parking lot in conjunction with two lots to the west that are currently zoned C-1, consistent with the SD-12. The purpose of these Applications is to assure that the properties are consistently zoned. and request that the Property's land use designation change to Restricted Commercial, and its zoning designation changed to C-1. Sincerely, ckyjtarcia-"Toledo A V GT: cahb cc: Ms. Anna Gelabert MIAMI 1063080.1 7675924897 5/5/06 12:38 PM HEARING BOARDS 444 SW 2nd Avenue, 7th Floor . Miami, Florida 33130 Telephone 305-416-2030 • Fax 305-416-2035 www.miamigov.com PUBLIC HEARING APPLICATION FOR AN AMENDMENT TO THE ZONING ATLAS AND/OR OVERLAY DISTRICT Welcome to Hearing Boards! This application is intended to serve as a guide in acquainting you with our public hearing process. By any means, please feel free to contact us 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. Copies of lobbyist documentation with proof of payment must be submitted with the complete application. The deadline to file the complete application with supporting documents is the first five working days (1-5) of each month from 8:00 am until 3:00 pm. The responses to this application must be typed and signed in black ink. Please note that pursuant to Section 1304.2.2 of the Miami Zoning Ordinance, no application shall be deemed to have been filed unless and until the applications shall have been completed. All pertinent and accurate information/documentation; i.e., the plans, reports, exhibits, shall be presented at the time of filing, in addition to the paid receipt. The applicant is responsible for the accuracy of the information contained in the application and all supporting materials. If you like, you could bring the materials to our office for staff review before the deadline to ensure the application is complete. Upon submittal, this application must be accompanied with a signed 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. Copies of City Commission resolutions can be obtained at our website through the "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360. Applications for Zoning Change (Amendment to Zoning Atlas and/or Overlay District) and Land Use Change (Amend the Comprehensive Neighborhood Plan) will not be accepted unless it is signed or initialed and dated by the Planning Department designee. Rev. 01-06.06 A. Vicky Garcia -Toledo, on behalf of property owner Jokur Acquisitions, Inc hereby apply to the Miami City Commission for approval in accordance with Article 22 of the Miami Zoning Ordinance, and in support of that request, furnish the following: 1. Obtain signature or initial and date by the Planning Department designee prior to submittal. 2. Address(es) and folio(s) of property: 3663 SW 17 Street, Miami. Florida, bearing the folio number 01-4109-029-0510 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. Present zoning designation(s): R-2 Statement as to why the present zoning designation is inappropriate. The subject lot is part of an existing commercial use, and has specifically been used for parking purposes in conjunction with said use. It is inconsistent and inappropriate to have different zoning district regulations for unified lots, under the same ownership and address, which support the existing commercial use. As a result, the existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change, pursuant to Section 2210(f) of the City of Miami Zoning Code. 5, Future zoning designation(s): C-1 Statement as to why the proposed zoning designation is appropriate. The subject property is part of an existing C-1 use for approximately 25 years. The lot is surrounded to the north and south by structures supporting apartment use and to the west by commercial use. 6. The property/location listed does riot have any open code enforcement/lien violations. Yes. 7. At least two photographs that show the entire property (land and improvements). 8. 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. 9. A clear and legible copy of the subject property address and legal description on a separate sheet of paper, labeled as "Exhibit A". 10. Affidavit and disclosure of ownership of the subject property (see pages 4 and 5). 11. Certified list of owners of real estate within 500 feet of the subject property (see pages 6 and 7). 12. What is the acreage of the project/property site? .42 Acres 13. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning Department on the 3rd Floor for information. No. 14. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning Department on the 3`d Floor for information. No. Rev. 01-06-06 2 15. For corporations and partnerships, the following documents are to be submitted: a) Articles of Incorporation b) Certificate from Tallahassee less than one (1) year old showing good standing c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation authorizing the person who signed the application to do so d) For non-profit organizations only: A list of Board of Directors less than one (1) year old 16, All documents, reports, studies, exhibits (8 % x11") or other materials to be submitted at the hearing shall be submitted with this application and will be kept as part of the record. 17. Cost of processing according to Section 62-156 of the Miami 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, Gil, HP per square foot of net lot area Minimum C-1, C-2, I, per square foot of net lot area Minimum CBD and all SD's, per square foot of net lot area Minimum Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice Signature Narne A. Vicky Garcia -Toledo Telephone 305-350-2409 $ .20 $ 750.00 $ .25 $ 900.00 $ .30 $ 1,000.00 $ 3.50 Address Bilzin Sumberg Baena Price Axelrod LLP 2500 Wachovia Financial Center 200 South Biscayne Boulevard Miami, Florida 33131 Date May 5, 2006 E-mail Address vgt(ct7,biizin.com STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 5th day of May, 2006, by A. Vicky Garcia - Toledo, Esquire, who is President of A. Vicky Garcia -Toledo, P.A., a corporation. She is personally known to me and did not take an oath. (Stamp) CAROL eONNEtdA MY COMMISSION # DO 182 FXPW ES: February 4, 2007 �l ,d IesuraAGe AWCY Signature Rev. 01-06-06 3 Exhibit "A" Legal Description Lot 33, less the East 6 feet of DAVIS CITRUS FARMS, according to the Plat thereof, as recorded in Plat Book 4, Page 66, of the Public Records of Miami- Dade County, Florida. Rev. 01-06-06 6 AFFIDAVIT Before me, the undersigned, this day personally appeared A. Vicky Garcia - Toledo, President, A. Vicky Garcia -Toledo, P.A., as attorney for owner/applicant, who being by me first deposes and says: t . 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 his/her full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the foregoing petition, 0 including or 0 not including responses to day to day staff inquires. 3. That the foregoing 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. A. Vicky Garcia -Toledo, PA. By: A. Vicky Garcia -Toledo, Esquire Attorney for Applicant STATE OF FLORIDA COUNTY OF MIAMI-DADE Applicant/Signature The foregoing was acknowledged before me this 5th day of May, 2006, by A. Vicky Garcia -Toledo, Esquire, who is president of A. Vicky Garcia -Toledo, P.A., a corporation. She is personally known to me and did not take an oath. (Stamp) COAL BONNatA Y CaMMiSS ON # D 1E126% EXPRES: Fek marf 4, 2C07 a E=: mar' irs Signature' Rev. 01-06-06 4 DISCLOSURE OF OWNERSHIP List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if applicable. Owner's Name(es) Jokur Acquisitions, Inc. Subject Property Address(es) 3663 SW 17 Street, Miami, Florida, bearing the folio number 01-4109-029-0510 Telephone Number 305.350.2409 E-mail Address vgt(a�bilzin.com 2. Street address(es) and legal description(s) 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, if applicable. Street Address 3663 SW 17 Street Miami, Florida, A. Vicky Garcia -Toledo, P.A. Owner or Attorney Name Legal Description See Exhibit "B" Owner or Atorney Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 5th day of May 2006, by A. Vicky Garcia - Toledo, Esquire, as President of A. Vicky Garcia -Toledo, P.A., a corporation. She is personally known to me and did not take an oath. t (Stamp) aA O. BONNEWI #YCOMWSSON#001 EXPIRES: F&er J ay 4, 2007 �mat Pt -hard Intracoo kpqr S igpatu re Rev. 01-06-06 5 Exhibit "B" Legal Description Lots 31 and 32, of DAVIS CITRUS FARMS, less the West 15 feet of Lot 31, and the South 8.5 feet of Lots 31 and 32, according to the Plat thereof, as recorded in Plat Book 4, Page 66, of the Public Records of Miami -Dade County, Florida; Rev. 01-06-06 7 DISCLOSURE OF INTERESTS Joker Acquisitions, inc. Joseph Kurstin Sole Director and Sole Shareholder 100% MIAM.I 1060925.1 7675924897 5/5106 12:15 PM Rev. 01-06-06 8 N CONSENT TO RESOLUTIONS OF THE SOLE DIRECTOR AND SOLE SHAREHOLDER OF JOKUR ACQUISITIONS., INC. The undersigned, constituting the sole member of the Board of Directors (the "Board") and the sole shareholder (the "Shareholder") of JOKUR ACQUISITIONS, INC., a Florida corporation (the "Corporation"), does hereby waive any and all requirements for notice of the time and place, and any special purposes, of a meeting of the Board and Shareholder of the Corporation and does hereby consent, pursuant to the Florida Statutes Sections 607.0821 and 607.0704, to the adoption of, and do hereby adopt, the following preamble, resolutions and the actions specified herein; WHEREAS, Bilzin Sumberg Baena Price & Axelrod LLP, through its partner, A. Vicky Garcia -Toledo, Esquire P.A., ("Counsel") will be handling, on behalf of the Corporation, certain documents and applications, including, but not limited to, a public hearing application for an amendment to the Miami Comprehensive Neighborhood Plan and a public hearing application for an amendment to the Zoning Atlas and/or Overlay District (collectively, the "Applications") with the City of Miami, and/or other governmental authorities, pertaining to the zoning, land use and platting issues of that certain property located at 3663 S.W. 17 Street, Miami, Florida, and more particularly described on Exhibit "A" attached hereto; NOW, THEREFORE, BE IT RESOLVED, that the Corporation hereby authorizes, directs and empowers its Counsel to apply for, modify, execute and deliver the Applications and any and all documents required in connection with said Applications, on behalf of the Corporation; FURTHER RESOLVED, that Joseph Kurstin, in his capacity as an officer of the Corporation, be and he hereby is, authorized, empowered and directed to take all such further actions and to execute and deliver all such further agreements, instruments and other documents in the name and on behalf of the Corporation, that he, in his sole discretion, shall deem to be necessary, proper or advisable in order to fully carry out the intent and accomplish the purpose of the foregoing resolution and the transactions contemplated thereby; FURTHER RESOLVED, that the taking of any action or the execution and delivery of any document authorized by the foregoing resolutions in the name and on behalf of the Corporation, be, and it hereby is authorized and empowered to be deemed conclusive proof of the approval thereof by the Board and Shareholder of the Corporation; AND, FURTHER RESOLVED, that the authorities hereby conferred shall be deemed retroactive, and any and all acts authorized herein that were performed prior to the passage of these resolutions be, and they hereby are, approved, ratified and confirmed in all respects. [SIGNATURE PAGE FOLLOWS] MIAMI 1062506.1 7675924897 IN WITNESS WHEREOF, the undersi ed hag executed this Written Consent in order to give his consent hereto as of the Y4i' day of May, 2006. Mw JOSEF' URS I , OLE DIRE OR & HAREHOLDER MIAMI 1062506.1 7675924897 Exhibit "A" Legal Description Lots 31 and 32, of DAVIS CITRUS FARMS, less the West 15 feet of Lot 31, and the South 8.5 feet of Lots 31 and 32, according to the Plat thereof, as recorded in Plat Book 4, Page 66, of the Public Records of Miami -Dade County, Florida; and Lot 33, less the East 6 feet of DAVIS CTIRUS FARMS, according to the Plat thereof, as recorded in Plat Book 4, Page 66, of the Public Records of Miami - Dade County, Florida. MIAMI 1062506.1 7675924897 REE 19536 PG, 4943 This instrument prepared hy: 0 1R 1 1 1376 2001 PIAR 08 15150 JOSF E'E 1 U. BOLTON, ESQ. Shuns & Bowen 1.1,1' 2(11 South Biscayne Boulevard Suite 1500 Miami, Florida 33131 Folio No. 01-41()-029-0500 WARRANTY Y DEED D}OCSTPOEE 10400.00 SURTX 10,80040 HARVEY NUN, CLERK DARE COUNTyt FL I'1E15 WARRANTY DEED 13 (this "Deed"), made this 1'144 day of March, 2001, by CABALLERO FAMILY LIMITED PARTNERSHIP, a F'inrldi limited partnership, ("Grantor-) whose post office address is 901 Ponce do Leon Boulevard, Suite 501, Coral Ciahlcs. Florida 33134, to JOKUR ACQUISITIONS INC., a Florida corporation ("Grantee") whose post office address is 1661 S.W. 37'" Avenue, ('oral ('cables. Florida 13134, and whose federal tax identification nurtthcr is: W1'1'iSESSE'I'11: That the said (irnntor for and in consideration of the stint if 'FIN ANI) NO/ 10U---(S10.00) 1)01,1:ARS and other good and valuable consideration, the rcceipl Whereof is hereby acknowledged. hereby grants, bargains, sells, alienates, remises, releases, conveys and confirms unto the Grantee the following described land situate. lying and being in Miatni-Dade County, arid the State of Florida, to wit: Lots 31 and 32, of DAVIS CITRUS FARMS, less the West 15 feet of Lot 31, and the South 8.5 feet of Lots 31 and 32, according to the Plat thereof, as recorded in Plat Hook 4, Page (6, of the Public Records of Mami-Dnde County, Florida; and Lot 33, less the Fast 6 feet or DAVIS CITRUS FARMS, according to the Plat thereof, as recorded In Piet Book 4, Page 66, of the Public Records of Miami- Dade County, Florida. SUBJECT to taxes for the year 2001 and subsequent years, and SUBJECT to restrictions, Conditions, reservations, easements and limitations of record. if any, without reimposing the same; and SUBJECT to Declaration of Covenants and Restrictions recorded in Official Records Book 14578, at age 2488, of the Public Records of Miami -Dade County, Florida. To have and to hold the same together with all rind singular the appurtenances thcrcunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and clam whatsoever ofthe Grantor, either in law or equity, to the only proper use, benefit of the said Grantee forever, • RH' 19536 PG. 4944 The Grantor does hereby fully warrant the title to the Property, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, IEREOF, the said Grantor has caused these presents to he executed the day and year first above written. Signed, sealed and delivered In the pre,'sence of: mess PrinteLl N Witftcss No: 2 Printed Name: t'. . r/be• 66,e / Fi ) C'At3AI..LERO FAMILY LIMI"t F ) PARTNERSHIP, a Florida limited partnership 13y: Douglas Road Property, Inc., a Florida corporation, General Partner 13 Lourdes (i. Caballero, President r!rCO C n+'f "f ociAt ,trcono3 omit( •r = ., lof'GA. �Ff rrrpt .- ruf �Ft) IMIV1 ! 111.IVIN :ifr;&ft CUI&or STATE OF FLORIDA ) ss COUNTY OF MIAMI-DADE ) The forgoing instrument was acknowledged before me this S day of March, 2001, by Lourdes G. Caballero, President of Douglas Road Property, Inc., a Florida corporation, general partner of CABALLERO FAMILY LIME 'E PARTNERSHIP, a Florida limited partnershi . for and on behalf of the partnership. She is personally known to me or [ has produced as id n iftcation. My Commission Expires: NOTARY ALM. o�ftcUiL JOSEPH D eOLTON NOTARY PU5LIC STATE OF FLORIDA COMMISSION NO. C" C900070 Name T�� _2_