HomeMy WebLinkAboutApplication & Supporting DocumentationPL ANN NG DEPAR THEN t
BERCOW RADGLL & FERNAN DEZ
ZONING, LAND USE AND ENVIRONMENTAL LA 3MAR t2 AM 7, 51
Direct: 305-377-6235
E-Mail: BFernandez(cjBRZoninaLaw.com
VIA HAND DELIVERY
March 7, 2013
Mr. Anel Rodriguez
City of Miami Riverside Center
Department of Hearing Boards
444 SW 2nd Avenue, 3rd Floor
Miami, FL 33130
Re: 2750 SW 16th Street, Miami, Florida
This law firm represents Mapisjo Investment Group, LLC in relation to the
enclosed application for a Comprehensive Plan Amendment for the referenced property
from Duplex Residential and Major Institution Transportation and Utilities to Low
Density Restricted Commercial. We are also enclosing the companion rezoning
application to change the property's transects from T3-O and CI to T4-O (only for the
T3-O portion of the property, the CI portion will remain as is). This letter shall serve as
the Applicant's letter of intent in support of the applications.
The Property is located immediately West of SW 27th Avenue along the South
side of SW 16th Street and it directly abuts a gas station on the East and a Florida Power
and Light substation on the South. The property is approximately 1.2 acres in size and
presents an opportunity to create a multifamily development near a major
transportation corridor that is SW 27th Avenue. The property was developed as a
Veteran's facility which is now closed. Therefore, the most appropriate use for the
property is a use that would be transitional from the T6-80 and the CI uses around the
Property.
For all of the foregoing reasons, we request your favorable review and
recommendation.
en Fernandez
BF/bl
Enclosures
WACHOVIA FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI, FLORIDA 33131
PHONE. 305.374.5300 • FAX. 305.377.6222 • WWW.BRZONINGLAW.COM
City of Miami
Public School Concurrency
Concurrency Management System Entered Requirements
Applicant Fields
Information
Application Type
Public Hearing
Application Sub -Type
Land Use
Application Name *
Mapisjo Investment Group, LLC
Application Phone *
(305) 633-6030
Application Email *
yahoo.com
jjoliberty@yahoo.com
Application Address *
2750 SW 16 Street
Contact Fields
Information
Contact Name *
Ben Fernandez
Contact Phone *
305-377-6235
Contact Email *
BFernandez@BRZoningLaw.com
Local Govt. Name
City of Miami
Local Govt. Phone
305-416-1400
Local Govt. Email
GDGavn ci.miami.fl.us
Local Govt. App. Number (OFFICIAL USE ONLY)
Property Fields
Information
Master Folio Number *
01-4110-002-1781
Additional Folio Number
Total Acreage *
1.61 Acres
Proposed Land Use/Zoning *
Low Density Restricted Commercial
Single -Family Detached Units *
0
Single -Family Attached Units (Duplex) *
0
Multi -Family Units *
58
Total # of Units *
Redevelopment Information (MUSPs) - Re -development applications are for those vacant sites for which a local
government has provided vested rights; or for an already improved property which does not have to be re -platted as
deemed by the local government. The number of units to be input into the CMS is the net difference between the existing
vested number of units and the newly proposed number of units.
Example: an existing 20-unit structure will be torn down for redevelopment. The newly proposed development calls
for 40 total units. Local government shall input 20 units in the CMS (net difference between the 20 units vested less
the newly proposed 4 units).
Required Fields for Application *
j
Owner(s)/Attoniey/Applicant Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
T oregoing w nowlecjged before me this -� day o
20 , by
who is a(n) individual/partner/agent/corporation of
individual/partnership/corporation. He/She is personally nown to me or who
as identification and who did (did not) take an a`o"flii—"
(Stamp)
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COMPREHLNSIVE PLAN HPPLICATI !,
,L EIVED
PLANNING OEPAi THEN
PLANNING AND ZONING DEPARTMENT, HEARING BOARDS SE0111.1alitH 18 Pll 2: 18
444 SW 2nd Avenue, 3rd Floor • Miami, Florida 33130 • Telephone 305-416-2030
www.miamigov.com/hearinq boards
Welcome to the City of Miami! 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; 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. 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'/2x11") 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 (MIAMI 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
hearing(s) 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 far Comprehensive Plan information.
1. Applicant(s): Ben Fernandez,. Esq. on behalf of Mapisjo Investment Group, LLC
2. Subject property address(es) and folio number(s): 2750 SW 16 Street (01-4110-002-1781)
3. Present designation(s): Duplex Residential and Major Institution, Public Facilities, Transportation
and Utilities
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 305-416-
1400.
6. 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? No
if yes, has the property been granted a Land Use Change within the last year?
8. One (1) original, two (2) 11x17" copies and one (1) 8%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.
9. 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.
Rev. 07-2012 2
COMPREHENSIVE PLAN APPLICATION
17. Original Public School Concurrency Management System Entered Requirements form.
18. The subject property(ies) cannot have any open code enforcement/lien violations.
19. What is the acreage of the project/property site? 1.61 acres
20. What is the purpose of this application/nature of proposed use? To allow a mixed -use development
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 3rd Floor for information. No
22. Is the property within the boundaries of an Environmental Preservation District? Please contact the
Planning and Zoning Department on the 3rd 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.
24. What would be the anticipated duration of the presentation in front of the:
D Planning, Zoning and Appeals Board '/z hour and/or 11 City Commission '/ hour
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 aver $25,, shall b,. pa ► in the form of a certified check, cashier's check, or money order.
Signature
Name
Telephone
305-377-6235
Address 200 S. Biscayne Blvd. # 850
Miami, FL 33131
E-mail BFernandez(cBRZoningLaw.com
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this ( day of January 2013, by Ben
Fernandez, Esq, who is a(n) individual/partner/agent/co poration of Bercow Radell & Fernandez,
P.A. a(n) individual/partnership/corporation. He/She is personknovyn to me or who has
produced as identification and who did (d y�- ..n oath.
(Stamp)
Si.! nature
Rev. 07-2012
3
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:
1. 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.
2. 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, 0 including or 0 not including responses to day to day
staff inquires.
3. 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
I
Applicant(s) Signature
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this day of January 2013, by Ben
Fernandez, Esq. who is a(n) individual/partner/agent/co poration 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) to o. th.
(Stamp)
fE'T UERENA
i,(;VIV3SION A DD 080413
oftrdt 5, 2014
r>• 'rr, .voiery PuNlc Undermitere
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Ruv. 07-20 12
4
COMPREHENSIVE PLAN APPLICATION
DISCLOSURE OF OWNERSHIP
1. 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) Mapisio Investment Group, LLC
Percentage of Ownership John J. Obando 80% and Maria Paula Rios 20%
Subject Property Address(es) 2750 SW 16 Street (01-4110-002-1781)
2. 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):
N1A/,
Ben Fernandez, Esq.
Legal Description(s):
Owner(s) or Attorney Name Ow er(s) or Attorney Sign.ture
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this day of January 2013, by Ben
Fernandez, Esq. who is a(n) individual/partner/agent/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
(Stamp)
'JETTY u.ERENA
CUMMI6SION # CO #60413
EXPONES: MA 5 2014
Bonded Thru Notary Public Undawriters
Kcv. 07-2012
5
Mapisjo Investment Group, LLC
Exhibit A
Legal Description
Lots 9, 10, 11, 12, 13, and 14, less the North 10 feet thereof, and Lots 19, 20, and 21
and the West 30 feet of Lot 22, Block 9, Revised Plat of GRAPELAND, according to the
Map or Plat thereof, as recorded in Plat Book 3, Page 196 of the Public Records of
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 boards, 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 Fernandez
(First Name)
(Middle) (Last Name)
HOME ADDRESS: 200 South Biscayne Boulevard
(Address Line 1)
Suite 850
(Address Line 2)
CITY: Miami STATE: Florida ZIP: 33131
HOME PHONE: (305) 377-6235
CELL PHONE: (305) 978-2866 FAX: (305) 377-6222
EMAIL: BFernandez@BRZoningLaw. com
BUSSINESS or APPLICANT or ENTITY NAME
Mapisjo Investment Group, LLC
BUSINESS ADDRESS: 1600 SW 27 Avenue
(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 and Comprehensive Plan Amendment.
2. Has 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?
E YES X❑ 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.
Name Address Phone#
a. N/A
b. N/A
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
N/A
N/A
ACKNOWLEDGEMENT OF COMPLIANCE
1 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 ty for the s. ;e issue shall be reviewed or
considered by the applicable b rd(s) u it expiration 4' period of one year after the
nullification of the applicatio r order
PERSON SUBMITTING DISCLOSURE:
Sig re
jam .i. 4.1
Print Name
Shorn to and subscribed before me this day of , 200 . The foregoing
instrument was acknowledged before me by who has produced
as identification andor is personally known to me and who did 'did not take an oath.
STATE OF FLORIDA
CITY OF MIAMI
N I Y COMMISSION Notary
EXPIRES:
Print Name
Enclosure(s)
Doc. No.:86543 Page 2
111111111111111111111111111111111111111111111
Prepared by and return to:
Stephen L Vinson, Jr.
Attorney at Law
Universal Title Company
1200 Brickell Avenue Suite 1230
Miami, FL 33131
305-375-9510
File Number: 5200.00
Will Call No.:
CFN 2012R037126 4-
OR 8k 28385 Pss 0798 - 7991 (lass)
RECORDED 12/05/2012 09:54:41
DEED DOC TAX 7,650.00
SURTAX 5r737.50
HARVEY RUVINr CLERK OF COURT
flIAMI-DADE COUNTY, FLORIDA
[Space Above This Line For Recording Data]
Warranty Deed
This Warranty Deed made this 30th day of November, 2012 between William A. Mcallister Post No. 1608 Veterans
of Foreign Wars of the United States, Inc., a Florida non profit corporation whose post office address is 2750 SW 16th
Street, Miami, FL 33145, grantor, and Mapisjo Investement Group, LLC, a Florida limited liability company whose
post office address is 1600 SW 27 Avenue, Miami, FL 33145, grantee:
(Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of
individuals, and the successors and assigns of corporations, trusts and trustees)
Witnesseth, 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 following described land,
situate, lying and being in Miami -Dade County, Florida to -wit:
Lots 9, 10, 11, 12, 13, 14, less the North 10 feet thereof, and Lots 19, 20, 21 and the West 30 feet of
Lot 22, Block 9, Revised Plat of Grapeland, according to the map or plat thereof as recorded in Plat
Book 3, Page 196, Public Records of Miami Dade County, Florida.
Parcel Identification Number: 0141100021781
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold, the same in fee simple forever.
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, 2011.
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written.
DoubleTimea
Book28385/Page798 CFN#20120871264 Page 1 of 2
OR BK 2838'5 PG 0799'
LAST PAGE
Signed, sealed and delivered in our presence:
Witness Na
Witness N
1Iti
William A. Mcallister Post No. 1608 Veterans of Foreign
Wars of the United States, Inc., a F,orida non profit
corporati
By:
urence Schatz, Post Commander and President
(Corporate Seal)
State of Florida
County of Miami -Dade
The foregoing instrument was acknowledged before me this 52 day of Novem
Commander and President of William A. Mcallister Post No. 1608 Veterans of F
Florida non profit corporation, on behalf of the corporation. He/she [, is pers
driver's license as identification.
[Notary Seal] Notary Public
Printed Name:
by Laurence Schatz, Post
rs of the United States, Inc. a
own to me or [X] has produced a
My Commission Expires:
Warranty Deed - Page 2 OoubleTimeao
Book28385/Page799 CFN#20120871264 Page 2 of 2
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