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HomeMy WebLinkAboutApplication & Supp Docs• • BERCOW & RADELL ZONING, LAND USE AND ENVIRONMENTAL LAW Direct: 305.377.6235 E-Mail: bfernandezdbrzoninglaw,com 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.B. 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 = $242,367.79 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 BISCAYNE BOULEVARD, SUITE 850 • MIAMI, FLORIDA 33131 PHONE. 305.374.5500 • 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 1 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. Since ely, r' 1 Ben Fernande BF/ bl 1 This requests apply only to lots 1, 4, 5, and 6, of Block 24, "South Bay Estates" Plat Book 5, Page 54. BERCOW & RADELL ZpN/ .1p. LA..i 0 USE A.NO EI.VIIR NIN1ENYni. LAW • • • 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 AMENDMENT TO THE ZONING ATLAS AND/OR OVERLAY DISTRICT 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. 09/29703 • • • Ben Fernandez, Esq. on behalf of G.B. Real Estate Ventures, LLC. hereby apply to the City Commission of the City of Miami for an amendment to the Zoning Atlas of the City of Miami as more particularly described herein and in support of that request, furnish the following information (see Article 22 of the Zoning Ordinance): 1. Address of property: 2701 SW 27th Court Folio number: 01-4116-023-1640 3. Two (2) 11 x17" original surveys of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application. See Article 111, Tab 5. 4. Affidavit and disclosure of ownership of subject property and disclosure of interest (pages 4 and 5). Attached to this application. 5. Certified list of owners of real estate within a 500-foot radius of the outside boundary of property covered by the application (pages 6 and 7). See Article I, Tab H. 6. At least two photographs that show the entire property (land and improvements). See Article 11I, Tab 6. 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. See Article I, Tab G. 8. A clear and legible copy of the subject property's legal description on a separate sheet of paper. See attached Exhibit "A" 9. Present zoning designation(s): (R-2) Two -Family Residential Future zoning designation(s): (C-1) Restricted Commercial 10. Statement explaining why present zoning designation is inappropriate. The present zoning designation is not as consistent with the Comprehensive Neighborhood Plan map designation, which designates the property for Restricted Commercial use, as the Restricted Commercial Zoning designation. 11. Statement as to why proposed zoning designation is appropriate. The property is designated for Restricted Commercial use on the Comprehensive Neighborhood Plan Map. Accordingly, the request is consistent with the comprehensive plan. In addition, the rezoning will create a unified site that will allow greater flexibility in creating a mixed use development. 12. 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. Rev. 09/29/03 2 • • • 13. 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. 14. What is the acreage of the project/property site? 1,3 net acres 15. What is the purpose of this application/nature of proposed use? To allow the development of a mixed use commercial/residential project that will be compatible with the area and the Coconut Grove/S.W. 27th Avenue Metroraii Station. 16. All documents, reports, studies, exhibits (8 IA x11") or other written or graphic materials to be submitted at the hearing shall be submitted with this application. 17. Other (specify and attach cover letters explaining why any document you are attaching is pertinent to this application). See Article I, Tab A. 18. Cost of processing according to the City Code: Change of zoning classification: CS, PR, R-1, R-2, per square foot of net lot area $ .15 Minimum $ 635.00 R-3, R-4, 0, G/I, HP per square foot of net lot area Minimum C-1, C-2, I, per square foot of net lot area Minimum CBD and all SD's, per square foot of net lot area Minimum Public hearing and public meeting mail notice fees, including cost of handling sand ma )ling per notice Signature Name Ben Fernandez E Telephone 305.377.6235 $ .20 $ 750.00 $ .25 $ 900.00 $ .30 $ 1,000.00 $ 3.50 Address 200 S. Biscayne Blvd., # 850 Miami, FL 33131 Date October , 2003 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/agent/corporation of Bercow & Radeil, P.A. a(n) individual/partnership/corporation. He/She is perso y knwnoto me or who has produced as identification and who did (did not) take an oath. (Stamp) BETTY LLERENA MY COMMISSION # DO 095997 EXPIRES: febrUaPJ 1 PRY FL t4.3truy Serace & Bond ng, Inc. Rev. 09/29/03 3 • • 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, RI 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 day of October 2003, by Ben Fernandez, Esq. who is a(n) individual/partner/agent/corporation of Bercow & Radeil, P.A. a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and vvho did (cliciagt take an oath. (Stamp) BETTY LLERENA MY COMMISSION # DO 095997 EXPIRES: February 27, 2005 1.960.3.NOTAMY FL Notary Service & Bondng, Ina. Si Rev. 09/29/03 4 • • • DISCLOSURE OF OWNERSHIP Street address and legal description of subject property: See attached Exhibit "A". 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 addresses and proportionate interest are required. (Please supply additional lists, as applicable.) Owner's Name G.B. Real Estate Ventures, LLC. 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 N/A Ben Fernandez, Esq. Owner or Attorney for Owner. Name STATE OF FLORIDA COUNTY OF MIAMI-DADE er or Attorney for swner ature The foregoing instrument was acknowledged before me this n day of October 2003, by Ben Fernandez, Esq. who is a(n) individual/partner/agent/corporation of Bercow & Radell, P.A. a(n) individual/partnership/corporation. He/She isersonally known to me or who has produced as identification and who did (did not take an oath. (Stamp) BETTY LLERENA fY COMMISSION # OD 095997 EXPIRES: February 27, 2006 Rev. 09/29/03 5 ALERT© L LUACES PLS 30S 226 6403 10/06/03 05:29pm P. 002 • LEGAL DESCRIPTION LOTS 1, 4, 5 AND 6, BLOCK 24, LESS THE EXTERNAL AREA OF A CIRCULAR CURVE HAVING A RADIUS OF 25 FEET AND TANGENTS WHICH ARE 25 FEET SOUTH OF AND PARALLEL WITH THE CENTERLINE OF N.W. 27 STREET AND 15 FEET WEST OF AND PARALLEL WITH THE CENTERLINE OF S.W. 27 COURT AND LOT 2, BLOCK 24 LESS THE SOUTH 5 FEET AND LOT 3, BLOCK 24, LESS THE NORTH 5 FEET FOR ALLEY, LESS THOSE PORTIONS OF LOTS 1 TO 6 CONVEYED TO THE CITY OF MIAMI IN Q,R, BOOK 13004, PAGE 262 ALL IN SOUTH BAY ESTATES, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 5, PAGE 54, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. • i4.2 1'51 instrc:tnen; was pr:p.a d by: N TD5TF.Ft 2 45P 315 2 1 ?.0'J2/o0. :01.-IN W. PERLOPP. ESQ. Deutnar,Altswott .mortis,Cress,L wort Peon', Voice Wachs, Mae leer & Adair, LLP 1 I37 Southeast Third k tuc Fort Lauder s!e, F;arida?3316.1197 Pared ID Numbers; 01-41-16-023-1640; 169C4 r 7t00; 171 C; 1720; MO Grantee's SPECIAL WAIMA TY DEED :7it2 AFL, 1.1.4.E b0tSTPttE' li b4�P t.Ct�a, 3UFTK $'$5CI.iF(! HRRtr�1` L' :tia CLEPP Cds!tlrtt FL THIS INDENTURE Mode this i k day of July, 2002 Ail., Between 27477 CAPITAL. CORTOiI.AT1ON, n Florida corporation, of the Cotinv of 1 roward, State of Florida, Grunter, tall Q B REAL ESTATE VIINTUR2S, LLC,�a Florio lir-,ited liability crnpany. ulhostr address is. )41; Elmo. Gies, FL 33111 of the County of Miami -made. State of Mot —Ha, Grantee. i*s'I"1NhESSETH thra the Grantor, for unilst consideration of the /urn of i'F.2 & 3ti0l1OO (S) O.(13) Donee's, and Decgood and valuable consideration to Grantor in hu-td paid by Gramm, the roceipt hvhtx_of is hereby ©cic:`Tolviedged, h11 gFan1ed, baqauted and sold to the s:.id Grimm and Crrnkee heirs and assigns forever, the following described 'mei, slow; lying and being in the County of mizrni-Dock, State of Florida.. to wit. * LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A" ` SUBJECT TO: {i) c2) (3) Zoning nadfar rt"strietions 3rd pm :bibii'sotts irnp' - d by governmental authority: Covenants, restriktio:ts, easements and other mauves appearing of record; and Taws fortis year 2002 at:d there.sfrex. and the Grantor does hereby reclaily warrant the t tie to said ;a:td, and will defend the same against :awful crams of all persons claiming by. through or under 'vra itor, but net otherwise. 13 WiTNEaS WHEREOF, the Gnaltor lr..0 herewith set her hand and soul the day nod year first above writt= Sigatd, sealed and cietlecred in our tv sow= 1'tinicdName: 1,• ;',tgte.S STATE OF NORTH ROLINA COUNTY OF The foregoing i /»4-dny of 3ullp• . •T ry '.:.: is B. Phi oa President of 2274,7 Capital Corporation, a F'Iaridatir.4.vtat, PT^sane y 3i •tvwra rru r Nos Sort of North rot, jonrge (S ) . Faodi:cd B.D.: My Corrani CInus: 'H / w , y 27.27 CAPITAL CORPORATION, i Florida corporation By; 911—N1 .1 \'PS'S (Seal). , Ptstricia B. Phipps, President 1323 Southeast Third .Avenue Fort Landerdaic FL 33316 was sworn to, subsoil:44 and acknowledged before' me this NOTARY P'yBL1C: -'O�+7i1113KIts� Nascr5,pfiSc .L1e.cus,P' Zac at-Saok.Zays 245a5.4.f315 _rage A of 2 Ei=der; NCs-,sofl] Bay Esratrcasra421 . • (4;5 • .C3.112c,):3 _4:28 :05:H1319. __rn,,T .Oa?10) r� i:c.u. 2O 45pG 6 Exurzrr"A- LEGAL DESCRIPTION Parvci I. LO t9 1, 4, 5 and 6. Block 24, Lot 2, Block 24 /CS! he 'Louth 5 feet, Lot 3, Block 2.4, less the Nora] 5 feet for alley and Lots 3, 9, 10, II st:td :2, Block 24 less the 'West 2 F feet to alley and less the E. 25 feet for Ri ,ht-of-\Vr+y ar d less those Portions of Lots 1 to 6 conveyed to the City orls414rni in G.R.. Book 13004.: a 262 atl yn South Bay lrstases, acording to the Plat thereof; recorded in Plat Boost 5, Page 54, of the Publie Records of Miens/-0rcf a County, Florida. P2rrel IYt Lot 7, less the West 18 feet and less the E-ast Z5 feet thereof, in Block 24, of South Bey Estates, reeording tc the Plat thereof e.s recorded in Plat Book 5, at Page 54, of tbe P *lie Records oriVliitr.i.Dade County, Florida, q` i>T�J� niGr'tA krt. ieaCNd ilARVET WON -- .at:u its vicz: Dacte. Paten? 2C.545. 4225 PAC*: 2 c � � . PrC —Stra i i .=i. •aty gst4 Cos Cat : •