HomeMy WebLinkAboutI.A. Application for a Major Use Special Permit„ szufxat�,;�z
�V OF
F ��* 11
oil
OY f:
HEARING BOARDS
444 SW 2nd Avenue, 7th Floor + Miami, Florida 33130
Telephone 305-416-2030 + Fax 305-416-2035
www.miamigov.com/hearing boards
PUBLIC HEARING APPLICATION FOR
MAJOR USE SPECIAL PERMIT
Welcome to Hearing Boards! This application is intended to serve as a guide in acquainting
you with our public hearing process. By any means, please feel free to contact us at the number
above, should you have any questions.
CITY OF MIAMI 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. Copies of lobbyist documentation with
proof of payment must be submitted with the complete application.
The deadline to file the complete application with supporting documents is the first five working
days (1-5) of each month from 8:00 am until 3:00 pm, and on the fifth day, at 12:00 pm. The
responses to this application must be typed and signed in black ink. Please note that pursuant
to Section 1304.2.2 of the Miami Zoning Ordinance, no application shall be deemed to have been
filed unless and until the applications shall have been completed. 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, If you like, you could bring the materials
to our office for staff review before the deadline to ensure the application is complete. Upon
submittal, this application must be accompanied with a signed Zoning Referral.
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.
Copies of City Commission resolutions can be obtained at our website through the"Legislative
Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360.
Applications given to customers do not constitute action from the City of Miami without
plans review and written comments from the Office of Zoning.
MIAMI 1370094.1 7572827652
9/7/07 1:14 PM
Before submitting an application for Major Use Special Permit (MUSP), the applicant shall confer with
the zoning administrator and the director of the Planning Department or their designee to obtain
information and guidance before initiating the process.
It is intended that the MUSPs be required where specified uses and/or occupancies involve matters
deemed to be of citywide or area -wide importance. The City Commission shall be solely responsible
for determinations on applications for MUSPs. (See Article 17 of ordinance No. 11000, as amended.)
The director of the Planning department shall make recommendations on all applications for MUSPs
and for any amendments thereto and shall transmit said applications and recommendations to the
Planning Advisory Board for its recommendations and may make referrals to other agencies, bodies, or
officers for review, analysis, and/or technical findings and determinations and reports thereon. (See
Section 1301.4 of Ordinance No. 11000, as amended.)
Final approval of this MUSP application shall consist of an executed resolution by the Miami City
Commission and a development order, which specifies the conditions under which this MUSP
application is approved.
I, A. Vicky Garcia -Toledo, Esquire, P.A., as attorney for Owners, Biscayne Arts, LLC, Miami
Proarts II, Inc. and Brickell North Investments, Inc., hereby apply for approval of a mixed use
development consisting of office, retail, hotel, and residential uses , a Major Use Special Permit
at 1700 Biscayne Boulevard, & 221, 235, 239 & 249 NE 17t�treet, & 222 & 230 NE 17th
Terrace and in support of that request, furnish the following:
1. The property/location listed does not have any open code enforcement/lien violations.
2. One (1) original survey prepared by a State of Florida registered land surveyor within six (6)
months from the date of application.
3. One (1) original 24x36" plan, signed and sealed by a State of Florida registered architect or
engineer showing property boundaries and proposed structure(s), parking, landscaping, etc.;
building elevations and dimensions and computations of lot area and building spacing.
4. Original plan needs to be stamped, dated and initialed by Hearing Boards designee first and
then by (1) Public Works on the 8th Floor, (2) Zoning on the 4th Floor and (3) Planning on the 3`d
Floor, prior to submittal. Note: Plans are to be submitted to Zoning for first time review starting
from the 8t" through the 20th of each month. Zoning will not be accepting first-time review plans
after the 20th day of the month.
5. After obtaining signatures from the above departments, two (2) 11x17" and one (1) 81/2x11"
copies of the original plan.
6. At least two photographs that show the entire property (land and improvements).
7. A clear and legible copy of the recorded warranty deed and tax forms of the most current year
that shows the present owner(s) and legal description of the property.
8. A clear and legible copy of the subject property address and legal description on a separate
sheet of paper, labeled as "Exhibit A" to coincide with the current survey's legal description.
2
MIAMI 1370094.1 7572827652
9/7/07 1:14 PM
9.. Affidavit and disclosure of ownership of all owners and contract purchasers of the subject
property (see pages 5 and 6).
10. Certified list of owners of real estate within 500 feet of the subject property (see pages 7 and 8).
11. What is the acreage of the project/property site? 2.37 acres
12. What is the purpose of this application/nature of proposed use? A mixed use
development consisting of commercial and residential uses.
13. Is the property within the boundaries of a historic site, historic district or archeological zone?
Please contact the Planning Department on the 3rd Floor for information. No.
14. Is the property within the boundaries of an Environmental Preservation District? Please contact
the Planning Department on the 3rd Floor for information. No.
15. For corporations and partnerships indicated, the following documents are to be submitted:
a) Articles of Incorporation;
b) Certificate from Tallahassee less than one (1) year old showing good standing;
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.
16. A signed Traffic Sufficiency Letter from the City of Miami's traffic consultant.
17. Maps showing the existing zoning designation and the adopted comprehensive plan
designation for areas on and around the property.
18. General location map showing relation to the site or activity to major streets, schools, existing
utilities, shopping areas, important physical features in and adjoining the project.
19. Concept Plan:
a) Site plan and relevant information per Section 1304.2.1d -h in Zoning Ordinance 11000,
as amended.
b) Relationships to surrounding existing and proposed uses and activities, systems and
facilities, per Section 1702.2.2a in Zoning Ordinance 11000, as amended.
c) How concept affects existing zoning and adopted comprehensive plan principles and
designations; tabulation of any required variances, special permits, changes of zoning or
exemptions, per Section 1702.2.2b in Zoning Ordinance 11000, as amended.
20. Developmental Impact Study (an application for development approval for a Development of
Regional Impact may substitute).
21. Twenty (20) "MUSP" books—including an original—containing 8 1/2 x 11" copies of the above
information, including this application and any other public hearing applications. If the project
requires a Variance or Special Exception request, thirty (30) books are required.
22. One (1) electronic copy of every document included in the MUSP book, individually scanned in
".pdf" form. For example: 1) Outside Cover, 2) Inside Cover, 3) Table of Contents, 4)
Application and Supporting Documentation, 5) Aerial Photos, 6) Survey, 7) Plans, etc.
3
MIAMI 1370094.1 7572827652
917/07 1:14 PM
23. All documents, reports, studies, exhibits (8 1/2 x11") or other materials to be submitted at the
hearing shall be submitted with this application and will be kept as part of the record.
24. Cost of processing according to Section 62-156 of the Miami City Code*:
a) Major Use Special Permit $ $45,000.00 (maximum)
b) Additional fee for any required special permits; such as, Comprehensive Plan, Zoning
Atlas, Special Exception(s) and/orVariance(s) $ 1,500.00 (Advertising Surcharge)
c) Public hearing and public meeting mail notice fee $ $182.00
d) Total: $ $46,682.00
*Pursuant to Ordinanc 12719 ll planning and zoning fees in excess of $25, 000. 00, shall be
paid in the form of i� d check, cashier's check, or money order.
Signature
Name A. Vicky Garcia -Toledo
Telephone 305-350-2409
Address
Date
Bilzin Sumberg Baena Price
Axelrod LLP
2500 Wachovia Financial Center
200 South Biscayne Boulevard
Miami, Florid 33131
September , 2007
E-mail Address vgt(c_bilzin.com
The application submittal date is the date stamped by Hearing Boards' staff on the front
page.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
,n
The foregoing was acknowledged before me on September , 2007, by A. Vicky Garcia -
Toledo, Esquire, P.A., a corporation. She is personally known to me and did nq�,take an oath.
(Stamp)i'!?�t'1�
22, 2008
4
MIAMI 1370094.1 7572827652
9/7/07 1:14 PM
S
EXHIBIT "A"
COMPLETE LEGAL bESCRIPTION
COMBINING ALL LOTS
Lots 15, 16, and 17, Block 4, RICE AND SULLIVAN SUBDIVISION, according to the plat
thereof recorded in Plat Book 4, Page 64, Public Records of Miami -Dade County,
Florida, LESS that certain strip off the East side of the land conveyed to the City of
Miami, Florida, and described as follows:
Beginning at the Southeast corner of Lot 15 aforesaid as the POINT OR PLACE OF
BEGINNING: thence, run West along the South line of said lot for a distance of 17.64
feet to a point; thence run Northeasterly a distance of 166.317 feet more or less to a
point on the North line of said lot, which point is 6.81 feet West of the Northeast corner
thereof; thence, run East on the North line of said lot a distance of 6.81 feet to the
Northeast corner thereof; thence, run South a distance of 165.90 feet, more or less, to
the POINT OR PLACE OF BEGINNING.
LESS AND EXCEPT RIGHT-OF-WAY DEDICATION PARCEL:
That portion of the remainder of Lot 15 lying West of the West Right -of -Way line of
Biscayne Boulevard, Block 4, RICE AND SULLIVAN SUBDIVISION, according to the
plat thereof recorded in Plat Book 4, Page 64, Public Records of Miami -Dade County,
Florida, being more particularly described as follows:
The external area of a circular curve concave to the Northwest and having a radius of 25
feet and tangents which are 50 feet Westerly of and parallel with the centerline of
Biscayne Boulevard and 40 feet North of and parallel with the centerline of N.E. 17th
Street.
AND
Parcel 1:
Lots 1 and 2, Block 12, THIRD AMENDED MAP OF MIRAMAR, according to the Plai
thereof, as recorded in Plat Book 5 at Page 4, Public Records of Miami -Dade County,
Florida.
Parcel 2:
Lots 20 and 21, Block 4, RICE AND SULLIVAN SUBDIVISION, according to the Plat
thereof, as recorded in Plat Book 4 at Page 64, Public Records of Miami -Dade County,
Florida.
Parcel 3:
Lots 22 and 23, Block 4, RICE SULLIVAN SUBDIVISION, according to the Plat thereof,
as recorded in Plat Book 4 at Page 64, Public Records of Miami -Dade County, Florida.
Parcel 4:
Lots 3 and 4, Block 12, MIRAMAR SUBDIVISION, according to the map or plat thereof
as recorded in Plat Book 5 at Page 4, Public Records of Miami -Dade County, Florida.
AND
Lots 18 and 19, Block 4 of RICE AND SULLIVAN SUB -DIVISION, according to the Plat
thereof, as recorded in Plat Book 4, Page 64, of the Public Records of Miami -Dade
County, Florida.
Containing 103,408 Square feet or 2.37 Acres more or less by calculations.
MIAMI 1370094.1 7572827652
1700 Biscayne Boulevard
a mixed use project
-' ADDENDUM TO APPLICATION FOR
MAJOR USE SPECIAL PERMIT
September 2007
Note 1.
Request for Major Use Special Permits for:
a) To develop a residential development involving in excess of two hundred
(200) units.
b) To develop a parking structure with more than 500 parking spaces.
c) To construct a phased project.
Note 2.
a) Class II Special Permit to allow a new development in SD -6 Central
Commercial -Residential District.
b) Class II Special Permit to allow residential recreational space conforming to
"The City of Miami Design Guides and Standards for Open Space and
Residential Recreational Space."
c) Class II Special Permit to all reduction of one (1) loading berth dimension
from 12' x 35' x 15' to two (2) 10' x 2-' 15'.
Note 3.
a) Class I Special Permit to allow temporary structures, occupancies, and uses
reasonably necessary for construction.
b) Class I Special Permit to allow parking for temporary special events such as
ground breaking.
c) Class I Special Permit for FAA clearance letter.
d) Class I Special Permit to allow valet parking for residential use.
e) Class I Special Permit to allow temporary off-street offsite parking for
construction crews.
f) Class I Special Permit to allow a construction trailer.
g) Class I Special Permit to allow a temporary sales office trailer.
h) Class I Special Permit to allow temporary development signs.
Rev. 09-20-06 6
MIAMI 1370094.1 7572827652
9/7/07 1:14 PM
Note 4.
Note 5.
To request from the City Commission:
a) A waiver from the noise ordinance during the required concrete pours and
construction equipment for construction of the project.
Request to be qualified as a phased project by the Director of the Planning
Department.
To apply for all lesser permits as may be required to allow development
and construction of this phase project as contemplated under this Major
Use Special Permit application as submitted and as per plans on file.
Rev. 09-20-06 7
MIAMI 1370094.1 7572827652
917/071:14 PM