HomeMy WebLinkAboutApplication & Supporting DocumentationBERCOW RADE LL FER NAN Dr Z
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Direct: 305-377-6235
E Mail: BFernadnez(a7BRZoninQLaw.corn
VIA HAND DELIVERY
July 31, 2012
Mr. Anel Rodriguez
City of Miami Riverside Center
Department of Hearing Boards
444 SW 2nd Avenue, 3rd Floor
Miami, FL 33130
Re: Comprehensive Plan Amendment - 2995 Coral Way, Miami, Florida
This law firm represents the owner of the referenced commercial propert
located on Coral Way. This letter shall serve as the applicant's letter of intent in support
of the enclosed applications for a land use change and a rezoning.
The application is to rezone a portion of the property from T5-O to T4-O and the
remainder of the property from T-30 to T-40. The rezoning is necessary in order to
allow the vacant portion of the property to be utilized as a surface parking area for the
existing commercial development. There is a corresponding land use application to re-
designate the Duplex Residential portion of the property to Low Density Restricted
Commercial.
The owner is prepared to eliminate the current vehicular access from the
prop:-rry onto SW 211 Terrace and require that all access to the Property be via Coral
Way. This will result in a reduction in impacts to the duplex residential area to the
north while allowing surface parking to support the commercial property on Coral Way.
For the foregoing reason we request your favorable review and recomrnendation.
Sincere!
Ben Fernandez
BF/ b1
Enclosures
WACHOVIA RNANCIAL CENTER • 200 SOUTH BIISCAYNE BOULEVARD, SUITE B5+0 • MIAMI, FLORIDA 'a:s' Ji
PHONE. 305.374.5300 • FAX. 305.377.8222
4
COMPREHENSIVE PLAN APPLICATIQN_
P ANNa DE^,r, ttEll
PLANNING AND ZONING DEPARTMENT, HEARING BOARDS sEgrojt 20 pti ?2: 56
444 SW 2nd Avenue, 7' Floor • Miami, Florida 33130 • Telephone 305-416-2030
www.miamigov.comlhearinq boards
Welcome to the City of Miamil This application is intended to serve as a guide in assisting you
with our public hearing process. Please feel free to contact us, should you have any questions.
There is no deadline to submit this application as it is presented semi-annually to the Planning,
Zoning and Appeals Board and the City Commission. The application submittal date is the
date stamped by Hearing Boards' staff on this page. The responses to this application must
be typed and signed in black ink, All pertinent and accurate information/documentation; 1,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. Should you wish, you could bring the materials to our office for review
prior to submittal to ensure completeness.
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. All documents, reports, studies, exhibits (8'//x11") or other materials submitted
during this process will be kept as part of the record. Any documents offered to the Planning,
Zoning and Appeals Board and the City Commission, which have not been provided fifteen (15)
days before the meeting as part of the agenda materials will be entered into the record at the
discretion of the aforementioned Board and Commission.
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 (NIIANII CITY HALL),
LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133.
Ordinance No. 12918 states that each person or entity requesting approval, relief or other action
from the City Commission or any of its boards, authorities, agencies, councils or committees
regarding any issue, shall disclose at the commencement (or continuance) of the public
hearings) on the issue, any consideration provided or committed, directly or on its behalf, for an
agreement to support or withhold objection to the requested approval, relief or action. The
Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold
Objection Affidavit included in this package must be submitted with the application. The
applicant must, at the commencement of any public hearing on the issue, if there is any
disclosure to report, read the disclosure into the record. Also, the applicant must supplement
the affidavit if there is any new information or additional information to disclose.
Copies of City Commission resolutions and ordinances can be obtained at our website through
the `'Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360.
COMPREHENSIVE PLAN APPLICATION
Please refer to Section 62-31 of the Miami City Code for Comprehensive Plan information.
1. Applicant(s): Ben Fernandez. Esq. on behalf of 2991 Coral Way, LLC
2. Subject property address(es) and folio number(s): 2984 SW 21 Terrace (01-4109-039-0810)
3. Present designation(s): Duplex Residential
4. Future designation(s): -- Low Density Restricted Commercial
5. If the requested Land Use is approved, will a Rezoning be requested for consistency with the
Zoning Atlas, per F.S, 163.3184(3)(e)? Yes If yes, please contact Planning at 305-41 6-1400.
5 Has the designation of this property been changed in the last year? If so, when? No
7. Do you own any other property within 200 feet of the subject property? Yes
If yes, has the property been granted a Land Use Change within the last year? No
8. One (1) original, two (2) 11x17" copies and one (1) 81//x11 copy of the survey of the property
prepared by a State of Florida registered land surveyor within six (6) months from the date of the
application.
A clear and legible copy of the recorded warranty deed and tax forms of the most current year
showing the present owner(s) and legal description of the property to match the legal description on
the survey
10. A clear and legible copy of the subject property address(es) and legal description(s) on a separate
sheet, labeled as "Exhibit A', to match with the current survey's legal description.
11. At least two photographs showing the entire property showing land and improvements.
12. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable.
13. Affidavit of Authority to Act and the Disclosure of Ownership of all owner —and contract purchasers,
if applicable —of the subject property.
14. For all corporations and partnerships indicated
a) Articles of Incorporation;
b) Certificate from Tallahassee showing good standing, less than one (1) year old;
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) Non-profit organizations: A list of Board of Directors less than one (1) year old.
15. Certified list of owners of real estate within 500 feet of the subject property.
16. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold
Objection Affidavit.
17. Original Public School Concurrency Management System Enterers Requirements form.
I(cv 03-20f'
COMPREHENSIVE PLAN APPLICATION
18. The subject property(ies) cannot have any open code enforcement/lien violations.
19. What is the acreage of the project/property site? ±0.21 Acres
20 What is the purpose of this application/nature of proposed use? To allow accessory parking.
21. Is the property within the boundaries of a historic site, historic district or archeological zone'
Please contact the Planning and Zoning Department on the 3"i Floor for information. _ No
22. 4s the property within the boundaries of an Environmental Preservation District? Please contact the
Planning and Zoning Department on the 3r1 Floor for information. No.
23. Is the property within the Coastal High Hazard Area (CHHA)? Please contact the Planning and
Zoning Department on the 3rd Floor for information and further instructions. No.
24. What would be the anticipated duration of the presentation in front of the:
E] Panning, Zoning and Appeals Board 0.5 hours and/or El City Commission 0.5 hours
25 Cost of processing according to Section 62-22 of the Miami City Code*:
a. Application to Amend the Comprehensive Neighborhood Plan per acre
b. Advertising
c. School Concurrency Processing
d. Mail notice fee per notice
e. Meeting package mailing fee per package
$ 5,000.00
$ 1,500.00
$ 150.00
$ 4.50
$ 6.00
`Fees over $25,-00P- S0, s all be in the form of a certified check, cashier's check, or moiler order.
Signature Address 200 S. Biscayne Blvd. # 850
g
Name Ben Fernandez,
Telephone
305-377-6235
Miami, FL 33131
E-mail BFernandez BRZoninQLaw.com
STATE OF FLORIDA -- COUNTY OF MIAMI--DADS
The foregoing was acknowledged before me this _ ( day of 2012, by Ben
Fernandez who is a(n) individual/partnerlagent/corporation of Bercow Radel & Fernandez, P.A. a(n)
individual/partnership/corporation. He/She is personally known to me or w has produced
as identification and who did (did not) take apra !£r
(Stamp)
+y r • 44 Notary Public State of Florida
Ana Hernandez
t ` My Commission EE075915
of wow' Expires t 4/29/2015
Sig ature
R v, 03-2012.
3
1
COMPREHENSIVE PLAN APPLICATION
AFFIDAVIT OF AUTHORITY TO ACT
Before me this day, the undersigned personally appeared Ben Fernandez, Esq„ who being by me
first deposes and says:
That he/she is the owner or the legal representative of the owner, submitting the public hearing
application as required by the Code of the City of Miami, Florida, affecting the real property located
in the City of Miami, as listed on the foregoing pages.
That all owners who 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, ❑ including or ❑ not including responses to day to day
staff inquires.
That the foregoing and following pages are part of this affidavit and contain the current names,
mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is
the owner or legal representative.
4. That the facts. as represented in the application and documents submitted in conjunction with this
affidavit. are true and correct
Further Affiant sayeth not.
Ben Fernandez, Esq.
Applicant(s) Name Ap icant(s) Signature
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this 1 day of 0- 2012, by Ben
Fernandez who is a(n) individuallpartnerlagent!corporation of Bercow Radell & Fernandez, P.A. a(n)
individual/partnership/corporation. He/She is personally known to me or who has produced
as identification and who did (did not) take an oa
(Stamp)
BETTY u.ERENA
MY COMUI8SJONrrOD "O413
EXPPES: MaPohLArm
5awfad Thru Notary Pubrn VndawSi[era
i�c a 03-2012
COMPREHENSIVE PLAN APPLICATION
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 necessary.
Owner's Name(es) 2991 Coral Way, LLC
Percentage of Ownership Dennis Holding (100%)
Subject Property Address(es) 2984 SW 21 Terrace (01-4109-039-0810)
List all street address(es) and legal description(s) of any property located within 500 feet of the
subject property owned by any and all parties listed in question #1 above, Please supply additional
lists, if necessary.
Street Address(es)
2995 SW 22 Street (01-4109-039-07921
2991 SW 22 Street (01-4109-039-0800)
Ben Fernandez, Esq.
Legal Description(s):
See Exhibit B
See Exhibit B
Owner(s) or Attorney Name Ow er(s) or Attorney . gnat re
STATE OF FLORIDA -- COUNTY OF MIAMI-DADS
The foregoing was acknowledged before me this Z day of f' 2012, by Ben
Fernandez who is a(n) individual/partneragent/corporation of Bercow Radett Fernandez P.A. a(n)
individual/partnership/corporation. He/She is personally known to me or who .&produced
as identification and who did (did not) take,affEraTmx
f
(Stamp)
Notary Pua[iC States of FlorMltt
Ana Hernandez
My Commission EE075919
Expires 0412912015
Signature
1t( v 03-201 2
Exhibit A
LEGAL DESCRIPTION: LOT 26 BLOCK 3
of MILLERDALE SUBDIVISION
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6 AT PAGE 18
OF THE PUBLIC RECORDS MIAMI-DADE COUNTY, FLORIDA
Exhibit B
Lots 24, 25 and 26, Block 3, MILLERDALE, according to the Plat thereof as recorded in
Plat Book 6, Page(s) 18, Public Records of Miaarni-Dade County, Florida (LESS that
portion taken from right of way along Coral Way) together with that part of Lot 23,
Block 3, "MILLERDALE", more particularly described as follows:Beginning at the most
Northerly corner of Lot 23; thence Southwesterly along the Northwesterly line of said
Lot 23; thence Southwesterly along the Northwesterly line of said lot 23; a distance of
111.08 feet to a point, said being the point of beginning of the parcel of land to be
described; thence continue along the Northwesterly line of aforesaid Lot 23, a distance of
60.14 feet to a point on the present street line of Coral Way, said point also being 35 feet
North of and parallel to the South line said Lot 23 a distance of 34.78; thence Northerly
along a line forming at right angle with last mentioned course a distance of 49.18 feet to
the point of beginning. Parcel Identification Number. 0141090390792; 0141090390800
and 0141090390810
Less
LEGAL DESCRIPTION- LOT 26 BLOCK 3
OF -- MILLERDALE
SUBDIVISION
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6 AT PAGE 18
OF THE PUBLIC RECORDS MIAMI-DADE COUNTY, FLORIDA
CITY OFMIAMI
DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO
SUPPORT OR WITHHOLD OBJECTION
The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its
boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the
issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or
withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee,
commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or
implied, or any promise or agreement to provide any of the foregoing in the future.
Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2-653, and appearing before the City Commission or
any of its hoards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners`
legal representative are not required to fill out this form.
NAME: Ben J . Fernandez
(First Name)
(Middle) (Lass Name)
HOME ADDRESS_ 200South Biscayne Boulevard
(Address Line 1)
Suite 850
(Address Line 2)
CITY! Miami STATE Florida ZIP: 33131
I-IOMF: PHONE: (305) 377-6235
CELL PHONE: (305) 978-2866 FAX: (305) 377-6222
f 1vIAIt.: BFernandez@BRZoningLaw.com
I3lJSSINESS or APPLICANT or ENTITY NAME
2991 Coral Way, LLC
BUSINESS ADDRESS: 2991 Coral Way
(Address Line 1)
Miami, FL 33145
(Address Line 2)
1. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board,
authority, agency, council, or committee.
Rezoning application and Comprehensive Neighborhood Plan Amendment to allow
accessory parking,
2. Ilas any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to
support or withhold objection to the requested approval, relief or action?
YES El NO
if your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If
your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement.
Doc. No..86543
3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided
or committed.
a. N/A
b. N/A
Name
Address Phonefl
c, N/A
* Additional names can be placed on a separate page attached to this form.
4. Please describe the nature of the consideration.
N/A
N/A
N/A
5. Describe what is being requested in exchange For the consideration.
N/A
/A
N/A
ACKNOWLEDGEMENT OF COMPLIANCE
I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of
Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal
or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing
disclosure requirement was not fully and timely satisfied the following may occur:
1. the application or order, as applicable, shall be deemed void without further force or
effect; and
2. no application from any person or entity for the sa issue shall be reviewed or
considered by the applicable r ) until expirat'+n o period of one year after the
nullification of the applicati or o er.
PERSON SUBMI1 1'ING DISCLOSURE:
ig
Ben 4.3_ F=' nandez
Print Name
• 11 orrr 10 oiol srrh,ctObetl before me ibis I
4!Je,ioreguiig
insll' 111Wrrl was acknowledged he/frre me by _ , ur•hrr has pruclncec/
itlenlircoliun and or is personally known io #oe and rl /o., did did liol lakeon oath
S "[ATIATF OF FLORIDA
MY OF MIA,i\.rl
M1. C
I•iTcIfltilli'
ilto o/
Natery
Narrle [ e(c4 •"t
Doc. No.•8651.
Page 2
111111111111111111111111111111111111111111111
C:EN 2C i:,9r Rr_t42151_ 3
DR Bk 26898 P9s 1931 - 1933i (309s)
RECORDED 06/ 11 /21)09 11:.08:20
DEED DDC TAX 7,765.80
SURTAX 5re24.35
HARVEY RUVIN, CLERK.. OF COURT
MIArtl-DADE CDUNfl, FLORIDA
prepared by and return to:
Eugenia Duarte, P.A.
999 Ponce de Leon Blvd. Suite 735
Coral Gables, FL 33134
305.444-1958
File Number. 1156.330
15pror Above This Lame Far Revvrdiag Dao]
Warranty Deed
This War-raaty Deed made this day of May, 2009 between and JWC Coral Way Properties,
LLC, a Florida limited liability company whose post office address is 2991 Coral Way, Miami, FL 33 345,
grantor, and 2991 Coral Way, LLC, a Florida limited liability company whose post office address is
(Jo gam. Dow 4e,� f ,f'4, �99 P ace. , grantee:
61'oci Cc c
(Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the
heirs, ie _.:1 representatives, and assigns of individuals, and the successors and assigns of corporations.,
trusts and trustees)
Witneaaeth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS
($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 fallowing described land, situate, lying and being in Miami -Dade
County, Florida to -wit:
Lots 24, 25 and 26, Block 3, M1LLERDALE, according to the Plat then of as recorded in
Plat Book 6, Page(s) 18, Public Records of Miami -Dade County, Florida (LESS that
portion taken from right of way along Coral Way) together with that part of Lot 23,
Black 3, "MILLERDALE", more particularly described as follows:Beginning at the most
Northerly corner of Lot 23; thence Southwesterly along the Northwesterly line of said.
Lot 23; thence Southwesterly along the Northwesterly line of said lot 23; a distance of
1 1 1.08 feet to a point, said being the point of beginning of the parcel of land to be
described; thence continue along the Northwesterly line of aforesaid Lot 23, a distance of
60.14 feet to a point on the present street line of Coral Way, said point also being 35 feet
North of and parallel to the South line said Lot 23 a distance of 34.78; thence Northerly
along a line forming at right angle with last mentioned course a distance of 49.18 feet to
the point of beginning. Parcel identification Number 0141090390792; 0141090390800
and 0141090390010
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise
appertaining.
Book268981Page 1931 CFN#20090421513 Page 1 of 3
To Hay and to Hold, the same in fee simple forever, subject to the mortgages described in Exhibit "A"
attached hereto (collectively the "Mortgages").
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee
simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor
hereby fully warrants the title to said land and will defend the same against the lawful claims of all
persons whomsoever, and that said land is free of all encumbrances, except taxes accruing subsequent to
December 31, 2008 and the Mortgages.
to Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above
written.
our presence:
Print Name of Witness John W. Cam
Sole Managing Member
Print Name of Witness-'
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
)
JWC CORAL WAY PROPERTWS, LLC, a
Florida limited liability company
THE FOREGOING instrument was acknowledged before me this tJ day of May, 2009,
by John W. Campbell, as the sole managing member ofJWC CORAL WAY PROPERTIES, LLC, a Honda
limited liability company, who has produced his (26/(/ " 0. as identification and
who did take an oath.
Public, State of Florida
My Commission Expires: -I?' -Zit)
NOTARY PUBLIC -STATE OF FLORIDA
ZigSandra Mesa
Commission # DD519508
Fxrires: FEB. 16, 2010
d i _-. ., ..:urtdir:gCo., inc.
Book26898/Page1932 CFN#20090421513 Page 2 of 3
OR BK 2639s F-G 1933
LAST PAGE
EXHIBIT "A"
1 Mortgage from JWC Coral Way Properties, LLC, a Florida limited liability company to
Mercantile Financial Services, Ltd. recorded October 18, 2007 in Official Records Book 25995,
Page 0798 of the Public Records of Miami -Dade County, Florida, in the original principal sum of
$500,000.00.
Mortgage from JWC Coral Way Properties, LLC, a Florida limited liability company to Daystar,
Inc.. recorded September 2, 2005 in Official Records Book 23745, Page 323 of the Public Records
of Miami -Dade County, Florida,, in the original principal sum of$1,000,000.00.
3. Mortgage from John W. Campbell to Atlantic Financial Service, Inc. recorded February 27, 2003
in Official Records Book 21064, Page 769 of the Public Records of Miami -Dade County, Florida,
in the original principal sum of $1,000,000.00,
Note and Mortgage Modification Agreement between John W. Campbell and Atlantic Financial
Services, Inc, modifying that certain Mortgage recorded on March 12, 1998 in Official Records
Book 18015, Page 221 i in the original principal sum of $300,000.00 and that certain Mortgage
recorded January 28, 1991 in Official Records Book 14875, Page 396 of the Public Records of
Miami -Dade County, Florida, in the original principal sum of $300,000.00.
Mortgage from John W. Campbell to D. Felman and Associates, Inc. Money Management
Services recorded on April 18, 1986 in Official Records Book 12860, Page 1473 of the Public
Records of Miarni-Dade County, Florida, in the original principal sum of $300,000.00.
6. Mortgage from John W. Campbell to Marshall D. Simons, Anita Simons, Stuart M. Simons,
Rochelle Simons and Howard E. Lessner, Trustee recorded on September 29, 1980 in Official
Records Book 10883, Page 1247 of the Public Records of Miami -Dade County, Florida, in the
original principal sum of $20,000,00.
Book26898/Page1933 CFN#20090421513 Page 3 of 3
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