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HomeMy WebLinkAboutApplication & Supp DocsBGRCOW & RADELL ZONINQ, LAND USE AND E NVIRON rv1NTAL LAW Direct; 305.377.6235 E-Mail: bfernanz@brzoningiaw.corn VIA HAND DELIVERY October 8, 2003 Ms. Teresita Fernandez Executive Secretary Planning & Zoning Department Hearing Boards Division City of Miami Riverside Center 444 SW 2nd Avenue, 7th Floor Miami, FL 33130 RE: Tower Twenty -Seven - Application for a Major Use Special Permit, Amendment to the Zoning Atlas, Official Vacation of a Right -of -Way, and a Variance Dear Ms. Fernandez: This law firm represents G.S. Real Estate Ventures, LLC in relation to the referenced applications enclosed under Article 1, Tab B. This letter shall serve as the Applicant's letter of intent in order to request the following approvals: • MUSP, as per Article 9, Section 914, a development bonus to permit a mixed use of 36,337 square feet of floor area x $6.67 = S242,367.79 by contribution to the Affordable Housing Trust Fund. • MUSP, as per Article 9, Section 914.2, FAR bonus for lots in vicinity of Metro rail and Metro mover, a ten percent increase in allowable floor area ratio when consistent with the Miami Comprehensive Neighborhood Plan,1989--2000. • MUSP, as per Article 5, Section 502, PUD districts; to increase the floor area by twenty percent, 29,096 square feet. WACHOVIA FINANCIAL CENTER • 200 SOUTH BtSCAYNE BOULEVARD. SUITE 850 • MIAMI, FLORIDA 33131 PHONE. 305.374,5300 • FAX. 305.377.6222 • • • Ms. Teresita Fernandez October 8, 2003 Page 2 • Request for a request for a rezoning from R-2 (Two - Family Residential) to C-1 (Restricted Commercial).1 • VARIANCE, pursuant to the City of Miami Zoning Ordinance 11000 as amended, Article 4, Section 401, Schedule of District Regulations, maximum building footprint. Maximum allowed 33,802 square feet Proposed 45,435 square feet Request to increase by 11,633 additional square feet • Official vacation and closure of a public Right -of -Way approximately 6,423 square feet in size. • The Major Use Special permit also includes: • Class I Special Permit as per Article 9, Section 925.3.8, to allow development/construction/rental signage. • Class I Special Permit as per Article 9, Section 918.2, for parking and staging of construction during construction. • Class I Permit as per Article 9, Section 920.1 to allow a trailer for construction and other temporary office uses such as leasing and sales. • Class I Special Permit as per Article 9, Section 906.6, for pool/outdoor recreation area. Should you have any questions or comments, please do not hesitate to contact me. Sincerely, Ben Fernande BF/bl ' This requests apply only to lots I, 4, 5, and 6, of Block 24, "South Bay Estates" Plat Book 5, Page 54. BGRC©W & RA©E-LL z0,111,1a, �nswa use L.nw • • DEPARTMENT OF HEARING BOARDS 444 SW 2nd Avenue, 7th Floor • Miami, Florida 33130 Telephone 305-416-2030 • Fax 305-416-2035 PUBLIC HEARING APPLICATION FOR A MAJOR USE SPECIAL PERMIT Welcome to Hearing Boards! This application process is for your reference and review. It is intended to serve as a guide in acquainting you with our public hearing process. Following are a series of concerns/requirements for you take into account. By any means, please feel free to contact the department, 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. The responses to the attached application must be typed and the complete application must be signed in black ink. It will be accepted, along with pertinent documents, only the first seven days (1-7) of the month from 8:00 am until 5:00 pm. Please note that the cashier located on the 4th floor will close at 4:00 pm; therefore, the complete application, reviewed plans and a paid receipt must be submitted. 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. 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. An additional recordation cost for the resolution is $6.00 for the first page and $4.50 for additional pages. All fees are subject to change. Also, for City Commission resolutions, please contact the City Clerk's Office at 305-250-5360. Applications for Zoning Change (Amendment to Zoning Atlas and/or Overlay District) and Land Use Change (Amend the Comprehensive Neighborhood Plan) will not be accepted unless it has a signature from the Planning and Zoning Department designee. Applications given to customers do not constitute action from the City of Miami without plans review and written comments from the Zoning Division of the Planning and Zoning Department. Rev. 09/29/03 IT IS INTENDED THAT MAJOR USE SPECIAL PERMITS 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 MAJOR USE SPECIAL PERMITS. (SEE ARTICLE 17 OF ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA.) THE DIRECTOR OF THE DEPARTMENT OF PLANNING AND ZONING SHALL MAKE RECOMMENDATIONS ON ALL APPLICATIONS FOR MAJOR USE SPECIAL PERMITS 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 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA.) FINAL APPROVAL OF THIS APPLICATION FOR MAJOR USE SPECIAL PERMIT SHALL CONSIST OF AN EXECUTED RESOLUTION BY THE MIAMI CITY COMMISSION AND A DEVELOPMENT ORDER ATTACHED THERETO WHICH SPECIFIES THE CONDITIONS UNDER WHICH THIS MAJOR USE SPECIAL PERMIT APPLICATION IS APPROVED. IF APPROVED BY THE CITY COMMISSION, SAID RESOLUTION AND DEVELOPMENT ORDER SHALL, UPON EXECUTION THEREOF, BE TRANSMITTED TO THE OWNER OR AUTHORIZED AGENT. Ben Fernandez, Esq. on behalf of GB Real Estate Ventures, LLC hereby apply to the Director of the Planning and Zoning Department of the City of Miami for approval of a Major Use Special Permit under the provisions of Article 17 of the City of Miami Zoning Ordinance at the following location: 2700, 2730. 2742, 2744, 2746 S.W. 27th Avenue: and 2701 S.W. 27th Court 1. Two (2) original surveys prepared by a State of Florida registered land surveyor within six (6) months from the date of application. See Article lil, Tab 5. 2. Two (2) 11x17" original plans and one (1) 24x36" original plan, signed and sealed by a State of Florida registered architect or engineer showing property boundaries, existing (if any) and proposed structure(s), parking, landscaping, etc.; building elevations and dimensions and computations of lot area and building spacing. See Article III, Tab 6. 3. Plans need to be stamped by Hearing Boards first and then signed by Public Works on the 8th Floor, Zoning on the 4th Floor and Planning on the 3rd Floor, prior to submittal of application. See Article III, Tab 3. 4. An 8 1/2 x 11" copy of the plans after signature from the above departments. See Article III, Tab 6. 5. Affidavit and disclosure of ownership of subject property and disclosure of interest (see pages 5 and 6) . See attached. 6. Certified list of owners of real estate within a 500-feet radius from the outside boundary of property (see pages 7 and 8) . See Article I, Tab H. Rev. 09i29/03 2 • • 7. At least two photographs that show the entire property (land and improvements). See Article III, Tab 6. 8. 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. See Article III, Tab 6. 9. A clear and legible copy of the subject property's legal description on a separate sheet of paper. See Article I, Tab F. 10. Maps showing the existing zoning designation and the adopted comprehensive plan designation for areas on and around the property. See Article I. Tab E 11. 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, and the like, See Article, I, Tab D, Article III, Tab 6 12. Concept Plan: a) Site plan and relevant information per Section 1304.2.1 d-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. See Article III, Tab 6. 13. Developmental Impact Study (an application for development approval for a Development of Regional Impact may substitute). See Article Ill, Tab 4 14. Twenty-five (25) "Major Use Special Permit" books containing the above information. If this project requires Zoning Board approval, a total of thirty-five (35) books will be required. 15. Is the property within the boundaries of a historic site, historic district or archeological zone designated pursuant to Chapter 23 of the Miami City Code? (Contact the Preservation Officer at the Planning and Zoning Department at 305-416-1400 for information.) No. 16. Is the property within the boundaries of an Environmental Preservation District designated pursuant to Chapter 17 of the Miami City Code? (Contact the Preservation Officer at the Planning and Zoning Department at 305-416-1400 for information.) No. 17. What is the acreage of the project/property site? 1.3 net acres Rev. 09/29/03 3 • • What is the purpose of this application/nature of proposed use? To permit a mixed use commercial/residential development near the Coconut Grove/S.W. 271h Avenue Metrorail station. 18. All documents, reports, studies, exhibits (8 1/2 x11 ") or other written or graphic materials to be submitted at the hearing shall be submitted with this application. 19. Other (specify and attach cover letter explaining why any document you are attaching is pertinent to this application). See Article I, Tab A. 20. Cost of processing according to the City Code: a) $ 12,234.65, for the Major Use Special Permit. b) Additional fee of $ 34,923, for any required special permits, changes of zoning or variances. c) Total Fee: $ 47,157.65 + 1,624 (mailing fee) - $48,781.65. Signature Name Ben Fernandez, Esq. Telephone 305.377.6235 STATE OF FLORIDA COUNTY OF MIAMI-DADE Address 200 S. Biscayne Blvd., # 850 Miami, FL 33131 Date October , 2003 The foregoing instrument was acknowledged before me this day of October 2003, by Ben Fernandez, Esq. who is a(n) individual/partner/agent/corporation of Bercow & RadeII, P.A. a(n) individual/partnership/corporation. He/She is RersaniIy. know to me or who has produced as identification and who did (did not) take an oath. (Stamp) Sign BEM LLERENA MY COMMISSION # DD 095997 EXPIRES: February 27, 2006 NOTARY FL Notary Ser ce & Bonding, inc. r Rev. 09/29/03 4 • • AFFIDAVIT Before me, the undersigned authority, this day 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 accompanying application for a public hearing as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the foregoing pages of 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, El including responding to day to day staff inquires; © not including responding to day to day staff inquiries in which case he/she should be contacted at 305.377,6235. 3. That the foregoing pages are 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. Ben Fernandez, Esq. Applicant Name Applicant Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this '7 day of October 2003, by Ben Fernandez, Esq. who is a(n) individual/partner/agenticorporation of Bercow & Radell, P.A. a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and w o d icl (did not) take an oath. (Stamp) Rev. 09/29/03 5 02/18/2004 12:19 3053776222 BERCOW AND RADELL PAGE 02/02 DISCLOSURE OF OWNERSHIP Street address and legal description of subject p See Article I Tab F party: 2. owner(s) of subject property and percentage of ownership. Note; The Miami City Code 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, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addrestes and proportionate interest are required. (Please supply additional lists, as applicable.) Owner's Name G.B. Real Estate Ventures LLC, Gabriel Puche 50%. Susana Puche 50%) Mailing Address 2655 LeJeune Road, Suite 201, Miami, FL Zip Code 33134 Telephone Number 305-467-8300 _,.. 3. Street address and legal description of any property (a) owned by any party listed in answer to question #2 and (b) located within 500 feet of the subject property. (Please supply additional lists, as applicable.) Street Address Legal Description NIA Ben Fernandez Esq. Owner or Attorney for Owner Name STATE OF FLORIDA COUNTY OF MIAMI--DADE The foregoing instrument was acknowledged before me this day of November 2003, by Ben Fernandez. Esq. who is a(n) individuatipartner/agerlticorporation of Bercow & Radell, P.A. a(n) individual/partnershiplcarporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath, (Stamp) BETTY LLEAENA YCOMMMSION4 00095297 EXPIRES: February 27, 2000 1-9e34' 7tor FL WWI S ic% L aorrfvg, krc Rev. OS/22/03 6