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Home My WebLink AboutApplication & Supporting Documentsc.RC RADELL & ENAN DEZ ZONING. ILA IN USE AN® ENVIRONMENTAL LAW VIA HAND DELIVERY July, 12, 2013 Mr. Anel Rodriguez City of Miami Hearing Boards 444 SW 2nd Ave 3rd Floor Miami, FL 33130 Re: 5445 Biscayne Blvd. Dear Mr. Rodriguez: This law firm represents Ruben Matz, Chocron, LLC, S & R Invest, LLC and Isaac Matz the applicants in relation to th.e enclosed application for a rezoning and comprehensive plan amendment. This letter shall serve as the applicant's letter of intent in support of the enclosed applications. Please contact me should you have any questions regarding this application. Thank you for your attention to this matter. Si ere , B n Fernandez SOUTHEAST FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI, FLORIDA 33131 PHONE. 305.374.5300 • FAX. 305.377.6222 + WWW.BRZONMGLAW.COM COMPREHENSIVE PLAN APPLICATION 0-4 r.- 'PLANNING AND ZONING DEPARTMENT, HEARING BOARDS SECTION cam„.rat 444 SW 2nd Avenue, 3rd Floor . Miami, Florida 33130 • Telephone 305-416-203u , www.miamigov.com/hearing boards co Clrn1. Welcome to the City of Miami! This application is intended to serve as a guide in assisting yy with our public hearing process. Please feel free to contact us, should you have any qutiorT. 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%ax11 ") 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 for Comprehensive Plan information. 1. Applicant(s): Ben Fernandez, Esq, on behalf of Ruben Matz, Chocron, LLC, S & R Investments LLG, and Isaac Matz 2. Subject property address(es) and folio number(s): 5445 Biscayne Boulevard (01-3)28-028-0500) 3. Present designation(s): Single Family 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 305-416-1400, 6. Has the designation of this property been changed in the last year? If so, when? ,"O 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) 8Y2x11 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. 17. Original Public School Concurrency Management System Entered Requirements form. 18. The subject property(ies) cannot have any open code enforcement/lien violations. Rev. 07-2012 2 COMPREHENSIVE PLAN APPLICATION 9. What is the acreage of the project/property site? ±0.16 acres 20. What is the, purpose of this application/nature of proposed use? To allow 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 3rd Floor for information. No. 22. Is the propertywithin 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. No. 24. What would be the anticipated duration of the presentation in front of the: l „Planning, Zoning and Appeals Board ra) rt/t,iA.. and/or XCity Commission a) kv 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 $2�,000. 0, shall e • -id in the form of a certified check, cashier's check, or money order. Signature �''"' Address 200 S. Biscayne Blvd., Suite 850 Name Ben Fernandez, Esq. Telephone 305-377-6235 Miami, Florida 33131 E-mail BFernandez c(r,,BRZoningLaw.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE I^ The foregoing was acknowledged before me this ` day of July, 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 f-TOTTrale an .00 ll�l�1 (Stamp) �i,"py% ` Sign ture" BETTY LLERENA MY COMMISSION* DD 660413 C?(i i 9: Meath i, 2014 Bonded Thar Notary Public Underwr te's 2(11 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. 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 Ap•Iicant s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 1- day of July, 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 notTtake an o n (Stamp) BETTY LIERENA ;*= MY COMMISSION A DD 060413 14 BondeTh Notary c Underwriters Sign 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) Ruben Matz, Chocron, LLC, S & R Investments LLC, and Isaac Matz Percentage of Ownership Ruben Matz (25%) Chocron, LLC (25%) (Chimol Chocron 100%) S & R Invest LLC (25%) (Ingrid Yuken 5%; Salomon Yuken Trust 45%; Rosa Yuken Trust 45%; Jaime Yuken 5%) Isaac Matz (25%) Subject Property Address(es) 5445 Biscayne Boulevard (01-3218-028-0500) 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): N/A N/A Ben Fernandez Owner(s) or Attorney Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Owner(s) or Attorney Sign: re The foregoing was acknowledged before me this l / day of July, 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 oat (Stamp) 1TY (LORENA �4v C{,, 4 4188ION # 00 660/ i.; ?(1:.,4 : IMOmil6, 2014 t, .A Nolo/ PON IJnd +v ihrti Sinature (s245-,oz, Rev. 07-2012 5 Exhibit A LEGAL DESCRIPTION: THE WEST 40.00 PEET Of LOT 52 OF DAY51-10RE PLAZA, RECORDED IN PLAT 100K 39, AT PAGE 5 I , Q! THE PUBLIC OF MIAMI. DADE COUNTY, !LORIDA 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 CITY: (Address Line 1) Suite 850 (Address Line 2) Miami STATE: HOME PHONE: (305) 377-6235 Florida ZIP: 33131 CELL PI -LONE: (305) 978-2866 FAX; (305)• 377-6222 EMAIL: BFernandez@BRZoningLaw.com t3USSINESS or APPLICANT or ENTITY NAME Ruben Matz, Chocron, LLC, S & R Invest LLC, and Isaac Matz BUSINESS ADDRESS: 2742 Biscayne Boulevard (Address Line 1) Miami, FL 33137 (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 of the property located at 5445 Biscayne Boulevard, Miami, Florida. 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? 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 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 persoi %'or ent' y for the same iss e hall be reviewed or considered by the applicable ,°iard(s) u til expiration o p io of one year after the nullification of the applicatio or order PERSON SUBMITTING DISCLOSURE: Signature Ben Ferna ez Print Name Sworn to and suhscrihccd before me this .....__t, _ day of _—_ d'4 �fi The Ibregoing instrument was acknowledged be/h,e inc by ( *- -- `rpr4 l -r" , who has produced as identification ai cttor is personally known to me and who did/did not take an oath. STATE I OF FLORIDA CITY OF MIAMI62,474.....v.. MY COMMISSION EXPIRES: "" rt Notary [ '""" e 4{41.4 tint Name Enciosurcfs) eusb Yt;� wryRENA Doc. No.:86543 1 fo§i 4)MP�I$�ilt7ryD M+e `� Page 2 1111111II11I IIIII IIIJl II1I11I1I111111111I1111 CF 14 21.10 31R06SP'S' 840 OR Bk 21664 PH 0559"v (1p9) RECORDED 09/19/2003 13152!10 DEED DOC: TAX $?212.80 SURTAX 6F159.60 HARVEY RUVIN, CLERK OF COURT MIAMT-DARE COUNTY? FLORIDA LAST PAGE This Instrument Prepared By, GASTON R, ALVAREZ, P.A. Attorney at Law City National Rank building 2701 IA Oeu,re Road, suite 407 Coral Gables, Ylorida 33134 Property Appraisers Parcel I.D. No,: 01-3218-028-0010 6.01-3218-028-0500 Grantee(e) 8,a. Cs): o�bb//. THIS WARRANTY DEED Made the - 1'h day of. *Fetors , A.D. 2003 by CHOCRON, LLC, * Florida Limited Liability Company, hereinafter called the Grantor, to RUBEN MATZ, ISAA0 MATZ AND 9 G R INVESTMENTS, LLC, a Florida Limited Liability Company,EACH AS TO A 25% INTEREST, whose pest office address is: , hereinafter called the Grantees; WITNE99ETEt That the Grantor, for and in consideration of the sum of $10.00 and other good valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantees, all that certain land situated in MIAMI-DADE County, Florida, to -wit: PARCEL I LOTS 1 AND 2, OF BAYSHORE PLAZA, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 39, AT PAGE 51, OF THE PUBLIC RECORDS OF MIAMT-DADS COUNTY, FLORIDA. PARCEL II LOT 53 AND WEST 40 FEET of LOT 52, OF BAY0HORE PLAZA, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 39, AT PAGE 51, OF THE PUBLIC RECORDS OF MIAMT-DARE COUNTY, FLORIDA. GRANTOR I8 CONVEYING A 753 INTEREST IN THE PROPERTY AND RETAINING A 25% INTEREST, Subject to: Conditions, restrictions, limitations and easements of records, if any, applicable zoning regulations, as they may not be reimposed, Declaration of Condominium as Amended, and taxes for the year 2003and subsequent years. 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, 2002. IN WITNESS A`REOF, the said Grantor has signed and sealed these presents the day and year first ab Si e preae -e o and delivered in STATE OF FLORIDA COUNTY OF MIAMI-DADE CHOCRON,kupnrOriiat,. iability cot�any ! By; �0 4 r Add ger 660 Collins Ave., 6104 Sunny Isles. ,Beach, FL 33160 L. S. I HEREBY CERTIFY that on this day, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Chimal Chocron, as Manager of CNOCRON, LLC, a Florida limited liability company, who produced I,k-we.0 L.r'Oef,-1 .. as identification and. who did not take an oath, WITNESS my hand and official seal in the County and State last aforesaid this /(9 day of �Y I 2003. My Commission Expires: C;\Data\Reo0Eotete\CIIOCRONwarrntyDeed.wpd Print .tary Signature 1.0.04 501WAHA PICCIONE dY COMMISSION 0 CC 953513 EXPIRES' ;July 9, 2004 f,A;;$?' ftwmllm, uses?:mkmuo.mms Book21664/Page559 Page 1 of 1 SCALE 1'=20` IS.® T 53 MSS 247.531818 Sr Q _ . 4 D SURVEY 7 IESCE fiOdd OFLO52 — FNANEO 53AVSNOIRE PLAZA 00.Pe. 51 >LOT 52 CRS.VOLL 9,59 tqa asrEmecemou a NEEMNSEVILT 8,33 LEGAL DESCRIPTION THE WEST 40.00 FEET OF LOT 52 OF BAYSHORE PLAZA, RECORDED IN PLAT BOOK 35, AT PAGE 5 } , OF THE PUBLIC OF MIAMI-DADE COUNTY, FLORIDA 937:876111 -� (944) NE54th'St .71 _NES4EhSt ADDRESS: VACANT LOT. LOCATION MAP SCALE.. NOT/SC SURVEYORS NOTES: 1.11CS 5N337ON:OFABSTRACTOFT37LE1%1 LtHAVETO BEMADE iGD3ERMNERECORDED INSTRUMENTS, IF ANY. AFFECTING THIS PROPER TY. 21LOCATIONANOIDENTIFICATIOFOF UTILITIES IFANYARESHOWN NACCORDANCEWITH-RECORDED FIAT. 3aOWNERSHEP 1SSUSECTTOOPINION OFTTRE. 4.1 TYPE OFSURVE!'SFECffiCR1RFOSE SUR ErINOTABOUNDARYSURVErl RIVASSORVEYI&NOTVALDMESS SIGNEDAND 4 F17 BYTHE SURVEYOR OF 6-} ALLRIGHT OF WAYS SHOWNARE PTIBUC UNLESS OTHS&JAIzE NDTsL 7.) LANDS SURVEYED AS DESCRIBED. a.) HOUNDE3GROUND INSTALLATIONS ONIMPROVELIWTS HAVE BEEFTLOCATED.FYv'FPTAS NU3e13. NOTE:THIS SURVEY HASBEENPREPARED FOR CLUSIVEUSE OFTHEENiTDESNAMED HEREON..THECERTIFICATE TVn4 NOT EXTENDTOANYUNNAMDD PARTY FLOOD ZONE INFORMATION CoamanutYNumber 120693 Pawl Number { Sutla 0308 Dole o{Fum Index. 09-1t009 R Zane X BaseAoodElev. NONE SOURCEELEVATIONFROVIOEDDY OAOE IN0YSURVEYDEPARMEHT RELATNETO MEAN SEA LEVEL NATIONAL.GEODETICVERTICAL DATUMOF 1929 LOCATOR INDEX BENCHMNSCNO- ELEVATION 119MTNYiSORVEY150APA0EDFORMORTG'AGEORREFINANGEPURPOSE ONLY.QCLUSIVFLY£ORTN61.133 WHOMIT1SCE7339133. THEsuOiEYS NOTTDBEUSED FOR CONSTRUCNON.PENaJmNs.LE3334ORANYQO1HtO=EWRHOUTWRNTENCCHSEYron.Lttt auNRONHA ROBERTO R. BRIZUELA & ASSOCIATES 'LEGEND' Land Surveyors PlG(-PER/A EMA906r 40904a1T O.E• L1g0YFA1l3.EHr E-ep.- Poavuavrm4= pavr, ,¢S4.tOOE: tE. U wUNDRO Pee MP.- SET TOL000 PREIICSANPED R• FSIXiO EOTL-T 9000t4 HIXE 5T10.-4 0734L601 TAAVIMP15. mx-SE11nffi1.7.9 NA-FIX.01i .=IDSC >Y : CF1tSERUNE .09SL7,..uxt81.0.31902199E MS 1305MOI<f 3x, tNtra aumir , eF-1.0NESTFE00a13 1M.90n tA. m LmQ4AY OF1 FF.3.49.LC3FLWAEIEV/3 Y 0. 37,11 OFFICE 7319 WEST FLAGLER MAW, FLORIDA 33144 PHONE 8305/551 -4393 FAX (305)256-6112 IH9193YaeilffY:THATIHEATMME37 993iSe930.P--OFSE AEDVEDFSCAO®PAOPERIMONG.Cr.T+EBESTOFYYKNOW E ANDOHEFASRECEYNYSIRVEYEDL910H+MSONEC[MN.s1IDYY 9 ILME AfENGtticno usensamEn itw unta.snovv;,}omms E£Ena,T 00THE341393173 910SSb9:94 S5TF0MNTl33F£095AE4VR OFIAlO�v[Tesuci 091797 31x1VTT0FF1.0RmAA31m05119,71.0003. RISUMSTCSEC1127iC2.711G'SM mTVPS joRtiluva 13-06-122 F�iawoRKDA°O� ROBERTO : BRIZUELA REVSIONS1. PRO3E.Ce7O14.41 IANGSU 60VcR REV19014ST Nc:39% REVISILNS4CF t0 4DA