HomeMy WebLinkAboutR-98-0540J-98-524 (a)
5/25/98
RESOLUTION NO. 9 O540
A RESOLUTION AFFIRMING THE DECISION OF THE
IMPACT FEE BOARD OF REVIEW AND DENYING THE
APPEAL PRESENTED BY THE APPELLANT FOR RELIEF
FROM IMPACT FEES IN THE AMOUNT OF $75,382.10
FOR BUILDING PERMIT NO. 98-5002326 FOR THE
PROPERTY LOCATED AT APPROXIMATELY 3000
SOUTHWEST 3PJD AVENUE, MIAMI, FLORIDA, ALSO
KNOWN AS THE "MONSERRAT APARTMENTS".
WHEREAS, the Impact Fee Board of Review, at its meeting of
March 11, 1998, adopted Resolution No. IFB 98-01 by a
seven to zero (7-0) vote, DENYING the requested appeal, as
hereinafter set forth; and
WHEREAS, an appeal has been taken to the City Commission by
the applicant/property owner from the denial of said appeal; and
WHEREAS, the City Commission, after careful consideration of
this matter, finds that there are no circumstances affecting the
calculation of Impact Fees for the subject parcel of land which
would necessitate and support an approval of the subject appeal
and requested relief from the imposition of impact fees;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
CITY COMMISSION
MEETING OF
MAY 2 6 1998
Remokdiw Zia.
98- 540
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. Based upon the record and facts set forth at
a public hearing on this date, the decision of the Impact Fee
Board Of Review in this matter denying the appeal for relief from
the imposition of impact fees in the amount of Seventy-five
thousand three hundred
and eighty-two dollars
and
ten cents
($75,382.10) which were
levied in association
with
Building
Permit No. 98-5002326 for the property (a/k/a "Monserrat
Apartments") located at approximately 3000 Southwest 3rd Avenue,
Miami, Florida, is hereby affirmed, and the subject appeal is
hereby denied.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 26th day of
ATTEST:
May , 1998.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayer did not indicate approval of
this legislation by signing it in the designated place provided, said Iegif:,lation nn,.-r
becomes effective with the elapse of tern (10) dayflrom the date of Ccmmissicn act:cn
regarding same, without the Mayor e)�ercisingW veto.
WALTER J. FOEMAN, CITY CLERK
J. F, City Clerk
- 2 -
98- 540
PREPARED AND APPROVED BY:
rJ0 L EDWARD MAX% L
A SISTANT CITY ORNEY
- 3 -
98- 540
CITY OF MIAMI, FLORIDA PZ-6
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members DATE: May 11, 1998 FILE
of the City Commission
SUBJECT: Impact Fee Appeal
Mr. Lazaro Milton
FROM: Ca,in seph T. Longueira REFERENCES: 3000 S.W. 3rd Avenue
Chairman
Impact Fee Board of Review ENCLOSURES:
On March 11, 1998, Mr. Lazaro Milton appeared before the
Impact Fee Board of Review regarding an appeal of the Impact Fee
regarding proposed construction on his property located at
3000 S.W. 3rd Avenue. Mr. Milton sought a reduction in his
assessed Impact Fee because of, inter alia, alleged water main
and sidewalk improvements which would result, in his opinion, in
increased taxation, and sought credits for a code mandated fire
protection system. He further alleged, without substantiation,
that a credit should be given for a previously demolished project
on the site.
Mr. Milton did not present any expert testimony or records
to support his position regarding the prior structures on the
site.
Based on his presentation, the Board members denied his
appeal by unanimous vote of 7-0.
It is recommended that you affirm the Impact Fee Board of
Review's decision and deny the appeal of Mr. Milton to the City
Commission.
JTL:jtl:6524
98- 540
LAZARO MILTON
CONSULTING ENGINEER
GENERAL CONTRACTOR
March 19,1998
City of Miami
Office of Hearing Boards
444 S.W.2nd Avenue, 7th Floor
Miami, FL 3313C
REF: 3000 S.W.3rd Avenue
ATT: Teresita Fernandez
3711 S.W. 27 STREET
MIAMI, FLORIDA 33134
PHONE (305) 444-8326
FAX: (305)444-9642
By this mean, I would like to appeal the decision taken by the Impact Fee
Board on March 11,1998, in regards to the above mentioned project. I find
completely unreasonable the entire denial of my petition.
Please advise me at your earliest convenience.
Sincerely yours,
La o Milton, P.E.
LM/ 1 s
HAND DELIVERED
LO
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98- 540
Ms. Adrienne McBeth offered the following Resolution and moved its adoption.
RESOLUTION IFB 98-01
AFTER CONSIDERING THE FACTORS
PRESENTED BY THE APPELLANT OF THE
IMPACT FEES FOR PERMIT NO. 98-5002326
FOR THE PROPERTY LOCATED AT 3000 SW
3`d AVENUE, ALSO KNOWN AS THE
MONTSERRAT APARTMENTS, THE IMPACT
FEE BOARD DENIED THE APPEAL FOR THE
RELIEF OF THE IMPACT FEE IN THE
AMOUNT OF $75,382.10.
Upon being seconded by Chief Dennis Wheeler, the motion was
passed and adopted by the following vote:
AYES: Mses. McBeth, Slazyk, Perez, Messrs. Helmers,
Carbonell, Wheeler and Longueira.
NYES: None.
ABSENT: None
Mrs. Fernandez: Motion passed unanimously 7-0.
Impact Fee Board
of March 11,1998
Teresita L. Fernandez, Chief
Office of Hearing Boards
98- 540
LAZAF MILTON
CONSULTING ENGINEER
GENERAL CONTRACTOR
February 23, 1998
To: City of Miami
Office of Hearing Board
Impact Fee Review Board
444 S.W. 2nd Avenue
Miami, Florida 33130
Attn: Mrs. Teresita Fernandez
Ref: Montserrat Apartments (3000 S.W
Building Permit No: 98-5002326
Dear Mrs. Fernandez:
3rd Avenue)
3711 S.W. 27 STREET
MIAMI, FLORIDA 33134
PHONE (305) 444-8326
FAX: (305) 444-9642
Pursuant to Section 54.6-16 of ordinance number 10426 of the City
of Miami, Florida, we are hereby submitting our appeal for the
relief of impact fees in the amount of $75,382.10 for the above
referenced project. Attached is a check for $500.00 for the
application fee made payable to the City of Miami.
uur -equesr for reduction of the impact fee is based on the
following considerations: (see attached proposals).
Lst-We have to provide a Nater main extension on both sides of the
property (30th Road & 31st Road) up to the residential area west of
our development, where there actually exists only a 2" water
service. This water main extension, will increase the water
distribution to these areas, at a cost to us of $58,445.00.
2nd-New pedestrian sidewalks all around the property at a cost of
$8,370.00.
3rd-Upon completion of the project, the real property tax liability
for the subject property will substantially increase from that
previous tax liability for vacant land.
08- 540
LAZAR `' M I LTO N 3711 S.W. 27 STREET
CONSULTING ENGINEER MIAMI, FLORIDA 33134
GENERAL CONTRACTOR PHONE (306) 444-8326
FAX: (305) 444-9642
4th-The new building will have the most sophisticated fire
prevention system in accordance with all new codes. We don't
foresee any impact in the Fire Prevention personnel of the City of
Miami due to this new construction.
Sincerly yours,
zaro Milton
98- 540
AFFIDAVIT
STATE OF FLORIDA }
)SS
COUNTY OF MIAMI-DARE )
Before me, the undersigned authority, this day personally appeared I.. i AZAa[: M IL-;v n;
who being by me first duly sworn, upon oath, deposes and says:
1. That he/she is the owner, or the legal representative of the owner, submitting the accompanying application for
a public hearing as required by the Zoning Ordinance of the City of Miami, Florida, affecting the real property located
in the City of Miami, as described and listed on the pages attached to this affidavit and made a part thereof.
2. That all owners which he/she represents, if any, have given their 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
accompanying petition.
3. That the pages attached hereto and made a part of this affidavit contain the current names, mailing addresses,
telephone numbers and legal descriptions for the real property of which he/she is the owner or legal representative.
4. The facts as represented in the application and documents submitted in conjunction with this affidavit are true
and correct.
Further Affiant sayeth not.
u�
Applicant SigttaUM
STATE OF FLORIDA
COUNTY OF MIAMI-DADS
The foregoing instrument was acknowledged before me this 3 day of MZWW,,zZ
19� by �1� i. z � of
a corporation, on behalf of the corporation.
He/She is personally known to me or has produced as identification
and who did (did not) take an oath.
e2��"C. Z" —
Name:
Notary Public -State of Florida
Commission No.:
My Commission Expires•
OF
FK3AL NOMARY SEAL
MARIA E VICO
NOTARY PUBLIC STATE OF FI.ORMA
COMMESION NO. CC62953{
MY COMMISSION EXP. MAR 29
98- 540
DISCLOSURE OF OWNERSTU
1. Legal description and street address of subject real property: L.Ots(DIJc+-+ i 9 o F 3t-c Gc- i c
cS7ATT-S, ACLi1Q-0' N6 -1-0 1-HF- Pam?►,— Tr+F2.F_0 r A 5
iN� pL,aT Bic L7 Pr�Gc 5� o G,= }+� +�vg� c t��rz-os r=
2. Owner(s) of subject real property and percentage of ownership. Note: Section 2-618 of the Code of the City of
Miami requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a
presentation, request or petition to the City Commission. Accordingly, question #2 requires disclosure of
shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses
and proportionate interest.
NICE U -) C Ri�_A T i lv v f'5!T:, 1 N C: LA Z^ � M 1 L-70 N P Rc S Pc ti i
Lc rvJF(? M1�;C ti.� lr��' �c` ?t�.S MR 0 itkc:a (`,��-� f.J (��� S r7
3. Legal description and street address of any real property (a) owned by any party listed in answer to question #2, and
(b) located within 375 feet of the subject real property.
Owner or A mey for Owner
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this 3 day of Ai z� z
19 of by �4za2n of
a corporation, on behalf of the corporation.
He/She is personally known to me or has produced as identification
and who did (did not) take an oath.
Name: OFFICIAL NOTARY SEA
Notary Public -State of Florida MAMA E YICO
Commission No.: NOTARY PUBLIC STATE OF FUWTDA
M Commission Expires: COMMISSION NO. CUN531
Y P MY COMMISSION EXP. MAR. I9 1
�OD�?i=SSt S
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98 - 540
ORGANIZATIONAL RESOLUTI. .S OF
MONTSERRAT INVESTORS, INC.
ADOPTED BY UNANIMOUS WRITTEN CONSENT
IN LIEU -OF MEETING AS OF
MARCH 24, 1997
Pursuant to Section 607.0821 of the Florida Business
Corporation
Act, the
undersigned,
being the
sole director
of
Montserrat
Investors,
Inc., a
Florida
corporation
(the
"Corporation"), does hereby adopt the following resolutions by
unanimous written consent in lieu of a meeting effective as of the
date first written above:
RESOLVED, that a certified copy of Articles of
Incorporation which was filed with the
Department of State of the State of Florida on
March 24, 1997, is ordered to be inserted in
the Minute Book as part of the records of the
Corporation; and further
RESOLVED, that all acts taken by the
incorporator of the Corporation are hereby
approved, ratified and confirmed; and further
RESOLVED, that the designation of Robert I.
Weissler as Registered Agent of the
Corporation made at the time of filing the
Articles of Incorporation is hereby ratified
and confirmed; and further
RESOLVED, that the seal of the Corporation, an
impression of which is affixed hereto, is
hereby approved and adopted as the corporate
seal of the Corporation; and further
RESOLVED, that the form of stock certificate
presented to the Directors, a specimen copy of
which is to be made part of these resolutions,
is hereby adopted as the stock certificate of
this Corporation; and further
RESOLVED, that the ByLaws prepared by counsel
to the Corporation are hereby adopted as the
ByLaws of the Corporation and it is hereby
0$- 540
ordered that they be made -art of the
perm, nt records of the Co. ;ration, to
folk.. the copy of the Articles of
Incorporation in the Minute Book; and further
RESOLVED, that the following persons are
elected to the office set forth below opposite
their respective names to serve for a period
of one year, or until their successors are
duly elected and qualified, viz:
Lazaro Milton
Alexander Milton
Maurice Milton
President
Vice President
and Treasurer
Secretary
RESOLVED, that the officers of the Corporation
be and they are hereby authorized, empowered
and directed to open an account with a bank or
banks of their choice and to deposit therein
all funds of the Corporation. All drafts,
checks and notes of the Corporation, payable
on said account, shall be made in the name of
the Corporation, signed by the parties
designated in the corporate bank resolution;
and further
RESOLVED, that the resolution required by the
bank to effect the foregoing is hereby adopted
as the action of the Board of Directors of the
Corporation and the Secretary is hereby
directed to append a copy of the same to the
copy of these resolutions in the Minute Book;
and further
RESOLVED, that the Corporation having received
the following offers to purchase shares of its
common stock:
NUMBER
OFFEROFFERO OF SHARES CONSIDERATION
Lazaro Milton
550
$0.01
per
share
Maurice Milton
150
$0.01
per
share
Nily M. Diaz
150
$0.01
per
share
Alexander Milton
150
$0.01
per
share
-2-
98- 540
and the Board of this Corporation having
deter-ined that the considerati-n offered is
of a -slue at least equal to ie full par
value of the stock to be issued therefor, each
such offer be, and it hereby is, accepted and
upon delivery, in full, to the Corporation of
the consideration offered, the officers of the
Corporation be, and they hereby are, directed
to issue and deliver to each offeror an
appropriate stock certificate reflecting
ownership of the shares so purchased, said
shares to be fully paid and nonassessable; and
further
RESOLVED, that the Corporation elect to be
designated as a small business corporation
pursuant to the provisions of Subchapter S
(Sections 1361 et. seq.) of Chapter 1 of the
Internal Revenue Code of 1986, as amended, and
that the appropriate officers of the
Corporation be and they hereby are empowered
and directed to take such action as may be
necessary to subject this Corporation to the
provisions of Subchapter S of the Internal
Revenue Code.
IN WITNESS WHEREOF, the undersigned, being the sole director
of the Corporation, has adopted and approved the foregoing
resolutions as of the 24th day of March, 1997.
I:\W-00\09621\000\0RG-RES.MII
-3-
Lazaro Milton, Sole Director
98- 540
An Construction Engineer] tg Coatreew. s, line.
23SSs SW 13: Ct
Homestead, FL 33032
(305)247-42"2
DATE: Feb 19, 1998 Page 1 of
TO: L. Milton Construction Corp.
ATTIC: Alex Milton
FROM: -Mike Hahn
RE: Montserrat Apartnwm Building - : ubmitting revised price for site utilities
WATER
R" wata
Main S W Z 1 R&
1
12" x S"" Tapping sleeve and valve
16V
811" Dip
2
9"
Gate valves
1
1 112" x 2" Corp. stop
1
8"
Plug with 2" flushing valve
1
8"
x 8" Tee
1
8"
x 4" Tee
1
8"
x 6" Reducer
1
6"
Gate valve
1
4"
Gate valve
1
4"
Domestic service
1
a"
Reduced pressure backflow preventor
1
6"
Double detector check valve
g^ Water
Main SW 30 Rd
1 12" x 8" Tapping sloove and valve
1 8" Gate valve
1 8" Plug with 2" flushing valvc
1 1 1/2" x 2" Corp stop
160' 8" DIP
Asphalt restoration - See enclosed detail sheet
Thermo -striping as required
Curb and sidewalk restoration
Includes - Tap fee - Pem* - Surveying - Ban icades - Cold patch as needed
Water Main Total S 53,495.00
NOTE:
1. 1f public works inspector allows us to patch the trench line (170+/. x 51 without
any milling or overlaying wo will credit S 6,500.00 o the total prig.
2. Connection to existing 2" is not included in price
98- 540
-r --
Page 2 of 3
R" Se)&er T-waraLc
Cut in 2 10" x 8" es into existing 10" sewer fine
4 10" Stainless steel repair Clamps
2 8" 45 degree bcn&
20'+!- 8" C-900 PVC
2 8" Caps
Includes - Permit - Surveying
Total Sewer S 4,950.00
r' -
98'- 540
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rtAry AMt--RICAN BUILDERS, INC.
3711 S.W. 27 STREET � MIAM1. FLORIDA 33134 • (305) 4 8328 • FAX (305) 444-9642
PROPOSAL
To: L. Milton Construction
Project: Monserrat Apartments
3000 Coral Way
Replacing & Redoing 558 LF of sidewalk @ $15.00/L.F. = $8,370.00
Maria Vico
Total: $8,370.00
98- 540
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