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Home My WebLink AboutApplication & Supporting Documentation41101 BERCOW RADELL & FER NAN DEZ ZCD NIINCa• LANd I,JBE ANO ENVIRONMENTAL LAW Direct: 305-377-6235 E-Mait: BFernandezna BRZoningLaw.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 16tt, 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 °^ i , City of Miami Public School Concurrency Concurrency Management System Entered Requirements Applicant Fields Information Application Type Public Hearing Application Sub -Type Zoning Application Name • * Mapisjo Investment Group, LLC Application Phone * (305) 633-6030 Application Email * jjolibertyctyahoo.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 GDGayr<ci.,niami.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 * T4 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 govemment shall input 20 units in the CMS (net difference between the 20 units vested less the newly proposed 4 units). Required Fields for Application * / 1 / n Owner(s)/Attorney/Applicant Name te�i Or(s)/Attorney/Applicant Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE Tfrizegoing w . cknowle. • d before me this day o 20 ,.by who is a(n) individua partner/agent/corporation of individual/partnership/corporation. He/She is personally as identification and who did (did not) take an oath. (Stamp) BETTY i1.ERiN11A MY COMMriiPJON 9 DD si60413 EXP* i. a: iihwjh 5, 2014 Bonded Top: votrry Public Undertydtets 121 st• Li 9 i ti 1�t; Mapisjo Investment Group, LLC Analysis pursuant to Miami 21 Article 7.1.2.8 (c) (2)(g): Attached are photographs of the building facades within a 300 foot radius of the property as well as an aerial photograph. The land use designation is primarily Restricted Commercial and Low Density Residential. The requested rezoning is justified based on the fact that there is no transition between the commercial use and the nearest residential property along SW 16th Street to the West. For these reasons, the rezoning would help to address this need. The existing grandfathered use of the property is clearly inappropriate and a residential T4-O use would be more transitional. The proposed rezoning will provide a buffer between the commercial corridor and the nearest Low Density residential use. Mapisjo Investment Group, LLC $-$ $ ptir ,4e. I I" • 6 • p v.- • El • tia:1 , • 1, r irri,;, I I - 111111113.1 1§4111"11 =IA. 4 . W f . • 96A ,, •IMI• j.K1 3:: .4'41 • ,+ lit A 41t . • , ' II lip gill • ,i Et I I 41'‘ • e „ • ' 4; 4ir Int 0,rplit` ,'', 4a. ',.' r, 1 6 th elcV r1 I I • JIMEUMM. REZONING APPLICATION Pl. ANNIN ECDEEI PLANNING AND ZONING DEPARTMENT, HEARING BOARDS SF"cjTION 444 SW 2nd Avenue, 3rd Floor • Miami, Florida 33130 • Telephone 305-4 6- 463b8 pH 12: 18 www.miamigov.com/hearing 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'/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 (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. Rev. 07-2012 2 REZONING APPLICATION Please refer to Article 7.1.2.8 of the Miami 21 Code for Rezoning information. 1. Applicant(s): Ben Fernandez, Esq. on behalf of Mapislo Investment Group, LLC 2. Subject property address(es) and folio number(s): 2750 SW 16 Street (01-4110-002-1781) 3. Present zoning designation(s): T3-O and CI 4. Proposed zoning designation(s): T4-O, only for the T3-O portion of the property, the CI portion will remain as is 5. Per Miami 21, Article 7.1.2.8, c.2 (g), an analysis of the properties within a one-half mile radius of the subject property, including aerial photo of the site as to why the present zoning designation is inappropriate and proposed zoning designation is appropriate. 6. One (1) original, two (2) 11x17" copies and one (1) 8'/zx11 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. 7. 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. 8. 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. 9. At least two photographs showing the entire property showing land and improvements. 10. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable. 11. Affidavit of Authority to Act and the Disclosure of Ownership of all owner —and contract purchasers, if applicable —of the subject property. 12. 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. 13. Certified list of owners of real estate within 500 feet of the subject property. 14. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit. 15. Original Public School Concurrency Management System Entered Requirements form. 16. The subject property(ies) cannot have any open code enforcement/lien violations. I Wd IZ83JCIOZ (N31,41dVd30 JNINNV1d 0JA13332 Rcv. 07-2012 3 REZONING APPLICATION 17. What is the acreage of the project/property site? 1.43 acres 18. What is the purpose of this application/nature of proposed use? Mixed Use Development 19. 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`d Floor for information. No 20. 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 21. What would be the anticipated duration of the presentation in front of the: 0 Planning, Zoning and Appeals Board 1/2 hour and/or 0 City Commission 1/2 hour 22. Cost of processing according to Section 62-22 of the Miami City Code*: Change of zoning classification to: a. CS, T3-R, T3-L, T3-O, T4-R, T4-L, T4-O, T5-R, T5-L, T5-O, T6-R, T6-L, CI: Per square foot of net lot area $ .50 Minimum (Assumes a 5,000 square -foot lot) $ 2,500.00 b. T6-8 0, T6-12 0, T6-24 0, D1, D2, D3, T6-36 0, T6-48 0, T6-60 0, T6-80, CI -HD: $ .70 $ 5,000.00 Per square foot of net lot area Minimum c. Advertising d. School Concurrency Processing (if applicable) e. Mail notice fee per notice f. Meeting package mailing fe- per package $ 1,500.00 $ 150.00 $ 4.50 $ 6.00 *Fees over $25, 000.09!shall be in the form of a certified check, cashier's check, or money order. Signature Name Telephone 305-377-6235 Address 200 S. Biscayne Blvd. # 8.50 Miami, FL 33131 E-mail BFernandez(a BRZoningLaw.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE ++ The foregoing was acknowledged before me this 17 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 di • o take , oath. (Stamp) Si Rev. 117-2012 4 REZONING 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, O including or ❑ 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 Applicant(s) Sig atu STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this dayof January 2013, byBen g 9 g 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 t me or who has produced as identification and who did (did nake an oath. (Stamp) Sign Rcv. 07-2012 5 REZONING 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) Mapisjo 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): Legal Description(s): Ben Fernandez, Esq. Owner(s) or Attorney Name STATE OF FLORIDA COUNTY OF MIAMI DADE IV /A - w -r(s) or Attorney Sign ure LI' 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 (did not) take an oath. (Stamp) BETTY uEREN MY COMMI8.5ir 4 bO 060413 LXi'r, ';! PMe:Y' 5, 2014dSow+ Try: r.�r.`*ry c�buUedorKsiter Rev. 07-2012 6 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 a JOHN ISARRA & ASSOCIATES, INC. Professional Land Surveyors & Mappers OJT cV.'11• MaTeli ..o..�„ S.W. 1Tth ST. AL TA/ACSM Land Title Survey n S.W. RM 16th STREET fi t ,r _ .u.� n.......Y.R..W^ m...m�...e.. lidadEdllEIJICASSIL ean — ` •111111i1 1111111111C 11111111■ 11111111E 1111111111= `TIT-T" 9 P1v0d Walks NN.O.DIOE COUNTY rww pH110. 2.1T1 JAB NUMBER: 12.003125.2 L2.0.Tss LANDSDRVETVR 1M PPER GOROS : P.LS Ne. GtN IvTAT'i OrrLORM1 Rift Dale 11..7011 Ca1c. 1,1E2513 Rersi0e R 13v MARXn YAK F.010.41.20 rzt[Rro1E1.412 11:10s0 Jaiitt .11trarra An0 Assoc. ,3ttr. LAAO SURVEYORS