HomeMy WebLinkAboutR-98-0781J-98-524(b)
7/21/98 781
RESOLUTION NO. '-
A RESOLUTION REVERSING IN PART THE DECISION
OF THE IMPACT FEE BOARD OF REVIEW AND
GRANTING THE APPEAL PRESENTED BY THE
APPELLANT FOR RELIEF FROM IMPACT FEES IN THE
AMOUNT OF $8,707.50 FOR BUILDING PERMIT NO.
98-5002326 FOR THE PROPERTY LOCATED AT
APPROXIMATELY 3000 SOUTHWEST 3RD AVENUE, 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, and notwithstanding the recommendation of the Impact
Fee Board of Review, finds that there are circumstances affecting
the calculation of impact fees for the subject parcel of land
which would necessitate and support the relief from impact fees'
as hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
CM COMMSSION
1aBYING OF
jilt 2f"
&401utim IVa
98- 78i
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
impact fees 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 reversed in part and the appeal and request
for relief in the amount of $8,707.50 is hereby granted.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.'/
PASSED AND ADOPTED this 21st day of July , 1998.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate apprev ., of
this legislation by signing it in the designated place provided, said iegi.:i:st_; J
becomes effective with the elapse of ten (10) days f m the date t Oomm,'3, r, ._
regarding same, without the Mayor exercisi o.
ATTEST:
Walte J. F n, City Clerk
WALTER J. FOEMAN, CITY CLERK
'- If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from
the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
- 2 -
98 - 781,
APPROV 0 FO
AND RRECT SS:
A J DR ILAREL
CI ATTORNEY
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- 3 -
9 8 -- 781
PZ-2
TO
Honorable Mayor and Members
of the City -Commission
Z
FROM: C
�aape. Longueira
Chairman Impact Fee Board of Review
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
DATE:
SUBJECT:
REFERENCES
ENCLOSURES:
May 11, 1998
Impact Fee Appeal
Mr. Lazaro Milton
3000 S.W. 3rd Avenue
FILE :
,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:jt1:6524
98- 781
P
CITY OF iNIIANII, FLORIDA
INTER -OFFICE MEMORANDUM
TO Christina Cuervo, DATE June 30, 1998 -i_E
Assistant City Manager
susJEcr Impact Fee Appeal
Santiago Jor e- ra, Int Director Lazaro Milton
Builld�in Zonin ept.
FROM uan nzal ;
`_ (� REFERENCES
C.
Acting Zoning Admini o
Building and Zoning D p ent ENCLOSURES
Please be advised that pursuant to a request from the City Commission concerning the Impact
Fee appeal from Lazaro Milton, staff has completed the square footage calculations for the
demolished structures formerly on the site. The following are the total square footage and credit
amount per building.
Address Tax Card # Sq• Ft. Dollar Amount Uses Units
3000 SW 3 Avenue 3-44-2028 22858 $1,837.69 Apt. 6
301-03 SW 31 Road 3-44-2018 1,832 1,177.97 Dupl 2
3080-86 SW 3 Avenue 3-44-2020 27313 1,422.96 Apt. 4
3060 SW 3 Avenue 3-44-2022 2,313 1,422.96 Apt. 4
3040 SW 3 Avenue 3-44-2024 22313 1,422.96 Apt. 4
3010 SW 3 Avenue 3-44-2026 2,313 1,422.96 Apt. 4
Totals: 13,942 $8,707.50
JCG: tc
cc: Hector Lima, Assistant Director
Building and Zoning Department
Roberto Villanueva, Chief Inspection Services
Building and Zoning Department
Zoning file
Central file
98- 78i
LAZARO MILTON
CONSULTING ENGINEER
GENERAL CONTRACTOR
March 19,1998
City of Miami
Office of Hearing Boards
444 S.W.2nd Avenue, 7th Floor
Mia.Lii, FL 3313C
REF:: 3000 S.W.3rd Avenue
ATT: Teresita Fernandez
3711 S.W. 27 STREET
MIAMI, FLORIDA 3313A
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
98- 781
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
fib- 78
LAZAF_ M I LTO N 3711 S.W. 27 STREET
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. 3rd Avenue)
Building Permit No: 98-5002326
Dear Mrs. Fernandez:
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. Atr_ached is a check for $500.00 for the
application fee made payable to the City of Miami.
our -equest for reduction of the impact fee is based on the
fol-lowing considerations: (see attached proposals).
1st -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
$8,370.00.
3rd-Upon completion of the project, the real property tax liability
for the subject property will substantially increase from that
previous tax liability for vacant land.
C9$- 781
LAZAF 1 M I LTO N 3711 S.W. 27 STREET
CONSULTING ENGINEER MIAMI, FLORIDA 3313A
GENERAL CONTRACTOR PHONE (305) AAA-8326
FAX: (305) "A-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,
14Azaro Milton
9 $ " 781
AFFIDAVIT
STATE OF FLORIDA }
) SS
COUNTY OF MIAMI-DADE }
Before me, the undersigned authority, this day personally appeared ! AZA aL N t L.; U A;
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.
uu
Applicant Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DADS
The foregoing instrument was acknowledged before me this 3 ZZ day of
19�, by ,c�i i' it/ 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.
e 2
Name:
Notary Public -State of Florida
Commission No.:
My Commission Expires•
OFFK3AL NOTARY SEAL-
MARIA E VICO
NOTARY PUBIC STATE OF FLORIDA
COMMBSION NO. CC629'M
MY COMMISSION EXP. MAR 29
,M]
8- 7 1
DISCLOSURE OF OWNERSHU,
Legal description and street address of subject real property: LO 75 t3 Tt�-kt;oj,-- I-� i 9 o '-� a'.Ccir- I c
�a'LL GSTRTF.`S, ACGL 9-01N6 7-0 iNt t���►T TNr 21=..o'P A S i�G'c-4:,P--7Et7
j O ? c v-- 17 PAc. a 5'U cF "�,t= PQ E5 -k c F_C�cc" 5 o F-
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.
NA0U'ai= Pi -AT itv v r-5iC:aL.S i VC, LAZAP-c.., MtL-r-00 PQ(Ou-✓X
At CK��t7G(? MlL-�A.' (oc:;L fa 1r7�- \�C� f.4 p-IRU P-%C:,= Mi
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 rney for Owner
STATE OF FLORIDA
COUNTY OF MIAMI-DADS
The foregoing instrument was acknowledged before me this 3 day of X�x/i&ZZ L
197ff—' by�g1za , /lil; �`�/ 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.
4f_ /des
Name: / OFFICIAL NOTARY SEA
Notary Public -State of Florida MARLA E VICO
Commission No.: NOTARY PUBLIC STATE OF FLORIDA
M Commission Expires: COMMISSION NO. CC629S3{
Y P MY COMMISSION EXP. MAR 292001
A00,2E5S4;7 S :
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98- 781
ORGANIZATIONAL RESOLUTI..,4S 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
diate 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
98- 781
ordered that they be made r,rt of the
perma at records of the Col ration, to
follow 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 bgnk 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
OFFEROR OF SHARES
Lazaro Milton 550
Maurice Milton 150
Nily M. Diaz 150
Alexander Milton 150
-2-
CONSIDERATION
$0.01 per share
$0.01 per share
$0.01 per share
$0.01 per share
98-- 781
and the Board of this Corporation having
deter -fined that the considerat; -i offered is
of a ✓alue at least equal to ne 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
9 8 -- 781
j,—an Construction Engineert tg Cootreeto,s, Inc.
2.M55 SW 15: Ct
Homestead, FL 33032
(305)247-42"2
DA-n: Feb 19, 1998 Page 1 of 3
TO: L. Milton Construction Corp.
ATTN : Alex Milton
FROM: Mike Hahn
RE: Montserrat Apartment Building - ! •ubmiming revised price for site utilities
WATER
R" Water
Main Q W ';1 Rd-
1
12" x 8"" Tapping sleeve and valve
160'
8""
DIP
2 -
8"
Gate valves
1
1 1 /2" 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
4"
Reduced pressure backflow preventor
1
6"
Double detector check valve
8" N
1 12" x 8" Tapping sleeve and valve
1 8" Gate valve
1 8" Plug with 2" flushing valvc
1 1 112" x 2" Corp stop
160' 8" DIP
Asphalt restoration - See enclosed detail sheet
Thermo -striping as required
Curb and sidewalk restoration
Includes - Tap flee - Permit - Surveying - Ban icades - Cold patch as needed
Water Main Total $ 53,495.00
NOTE:
1. If public works inspector allows us to patch the trench line (170+/- x 51 without
any milling or overlaying we will credit S 6,500.00 o the total price.
2. Connection to existing 2" is not included in price
98- 78.E
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AsDhalL ccSiocq+iorl dC4t-g11 '0( 11 wa4cf Mot;
pact +nct%Acs t"AIn9 Asphalt
+hcn "Soff"Ic shade a<<qs
qt 001mcd
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Page 2 of 3
9" Sewer T-arsral
Cut in 2 10" x 8' _. J'es into existing 10" sewer line
4 10" Stainless steel repair clamps
2 8" 45 degree bmds
20'+/- 8" C-900 PVC
2 8" Caps
Includes - Permit - Surveying
Total Sewer S 4,950.00
DESCRIPTION
REAL PROPERTY RECORD
FOL103 -;CLA§0.4vvplg
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r-,OAN AMERICAN BUILDERS, INC.
3711 S.W. 27 STREET IMIAMI. FLORIDA 33134 • (30S) . -a32a • 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- 781
bESCRIPTION - -- _
W 3i re."" REAL PROPERTY RECORD ,OLIO ,9-
TOWNSHIP RANG[ CITY OF MIAMI, FLORIDA
CITY ASSESSOR GARDO
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DIAGRAM OF STRUCTURES
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