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Home My WebLink AboutMUSP Application & Supp Docs• • • METROPOLITAN MIAMI Substantial Modification to Major Use Special Permit INTRODUCTION Travelling under the name One Miami, the development described herein was approved as a Major Use Special Permit by Resolution No. 02-1249 (the "MUSP"). As approved, the development consisted of a total of three parcels: two of which are located along S.E. 4th Street between S.E.2°d Avenue and Biscayne Boulevard (Parcels "B" and "C") and one parcel located on S.E.rd Avenue between S.E. 2nd and 3rd Streets (Parcel "D") (collectively the "Property"). Falling within the Downtown Miami Development of Regional Impact (the "DRI") and designated CBD Commercial Business District in the City of Miami Future Land Use Map (the "Map") and the Official Zoning Atlas (the "Atlas"), the development was approved as consistent with the DRI, the Comprehensive Neighborhood Plan, and the Zoning Code. The approved mixed use facility consists of 1,500 dwelling units, a four story entertainment complex with a 16-screen theater, approximately 230,000 square feet of retail, a 9,000 square foot office component, and approximately 4,284 parking spaces. In order to accommodate the City's desired realignment of SE 31-d Street, the Applicant has agreed to dedicate a portion of the north end of Tract "B" to the City for right-of-way purposes. Unfortunately, the requested dedication will affect the location of the residential building on Parcel "B" as approved in the MUSP. The proposed Substantial Modification to the MUSP involves a minor relocation of the previously approved building to the south to permit their construction as approved in the MUSP. Because the relocation will reduce the setback of the building along SE 4th Street to less than required within the CBD zoning district, the Applicant must seek and obtain approval of this Substantial Modification to the MUSP. Approval of this application will permit the Applicant to construct what has already been approved without need for large scale changes to the concept and design that was approved by the MUSP. The Substantial Modification to the MUSP will permit the approved building while still accommodating the City's desire to realign SE 3Td Street. • WEISS SEROTA HELFMAN PASTOFIZA GUEDES COLE & BONISKE, P.A. MITCHELL A. BIERMAN NINA L. BONISKE JAMIE ALAN COLE EDWARD G. GUEDES STEPHEN J. HELFMAN JOHN R. HERIN, JR. GILBERTO PA5TORiZA GARY I. RESN4CK JOSEPH H. SEROTA NANCY E. STROUD RICHARD JAY WEISS DAVD M. WOLPIN STEVEN W. ZELKOWtTZ THOMAS J. ANSBRO• LILLIAN ARANGO DE LA HOZ• ALISON 5. BIELER MICHELLE SUCKALEW MITCHELL J. BURNSTEIN ELAINE M. COHEN • • ATTORNEYS AT LAW MIAMI-DADE OFFICE 2665 SOUTH BAYSHORE DRIVE SUITE 420 MIAMI, FLORIDA 33133 TELEPHONE 305-654-0800 TELECOPIER 305-854-2323 WWW,WSH-LAW.COM BROWARD OFFICE 3107 STIRLING ROAD • SUITE 300 FORT LAUDERDALE, FLORIDA .333t2 TELEPHONE 954-763-4242 • TELECOPIER 954-764-7770 VIA HAND DELIVERY Ms. Teresita Fernandez City of Miami Hearing Boards 444 S.W. 2nd Avenue, Seventh Floor Miami, Florida 33130 •OF COUNSEL January 8, 2004 VIVIAN DE LAS CUEVAS-DIAZ STEPHANIE ❑EUTSCH• JENNIFER A. GOLDBERG DOUGLAS R. GONZALES CHRISTOPHER F. KURTZ HARRIET R. LEWIS. PETER A. LICHTMAN KAREN LiEBERMAN• MATTHEW H. MANDEL BERNARD S. MANDLER• MICHAEL J. MARRERO ALEXANDER L. PALENZUELA-MAURI MICHAEL 5. POPOK• ANTHONY L. RECIO MARK A. ROTHENBERG SCOTT A. ROBIN GAIL D. SEROTA• JEF'REY P. SHEFFEL MiA M. SINGH JOSE 5. TALAVERA SUSAN L. TREVARTHEN• Re: Application for Substantial Change to Major Use Special Permit Dear Ms. Fernandez: Our firm represents the owners described in Exhibit "A" to the attached application (the "Owners"). The Owners are the developers of Parcels B, C and D of the Metropolitan Miami Project (the "Project"). The Project is bounded by Biscayne Boulevard to the east; SE 2nd Avenue to the west; SE 4th Street to the south and SE 2nd & 3rd Streets to the north. On November 19, 2002, the City of Miami Commission passed and adopted Resolution No. R02-1249 approving a modification to the One Miami major use special permit (the "Resolution"). The Resolution approved a unified development consisting of 1,500 residential units with accessory recreation space, 9,000 square feet of office uses, approximately 218,500 square feet of retail uses, and approximately 4,284 parking spaces. Since that time, the name of the overall development has changed from One Miami to Metropolitan Miami. The purpose of this application for Substantial Modification to a Major Use Special Permit (the "Substantial Modification") is to relocate the building footprint for the residential building on Parcel B approximately eight feet southward. This move was made necessary by the City's request for a right-of-way dedication of the northern portion of Parcel B which it needs to effectuate the realignment of SE 3rd Street pursuant to the Du Pont Area Traffic Plan. Because • • • Ms. Teresita Fernandez January 8, 2004 Page 2 the City requested the dedication after the approval of the MUSP, accommodating the dedication by moving the building could not take place at that time of approval of the Resolution. Consequently, this Substantial Modification is necessary to build the Parcel B residential building as originally permitted and effectuate the City's desired dedication. It should be noted that the plans for this project have not changed from those approved in the MUSP except for the movement of the Parcel B residential tower approximately eight feet to the south. Therefore, the Substantial Modification honors the intent of the approvals granted by the Resolution. Because the southward shift in the Parcel B residential building will result in less than the required setback, the Substantial Modification includes a variance of setback along SE 4th Street (Biscayne Boulevard Way) to permit 0 feet where five feet is required by Ordinance No. 11000. Since the City has requested the right-of-way dedication that affects only this property after the approval of the Resolution, the Owners will suffer an unnecessary hardship if they are not permitted the variance because the dedication will result in an inability to construct the Parcel B residential building as approved y the Resolution. In addition, the requested variance will benefit the public welfare by providing an even more urban and pedestrian friendly environment along SE 4th Street by bringing the "action" of Metropolitan Miami closer to the street. We look forward to your favorable review of the Substantial Modification. Please call me if you have any questions or require additional information. GP/tr 372005 cc: Tim Weller Gilberto Pastoriza WEISS SEROTA HELFMAN PASTORIZA GUEDES COLE & BONISKE, P.A. • • • 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. I, Gilberto Pastoriza, Esp., on behalf of the owners listed in Exhibit "A" to this application, 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: Approx. 300 S.E. 3rd Street; 200 S.E. 3rd Street; 200 S.E. 2nd Street Two (2) original surveys prepared by a State of Florida registered land surveyor within six (6) months from the date of application. 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. 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. 4. An 8 1/2 x 11" copy of the plans after signature from the above departments. 5. Affidavit and disclosure of ownership of subject property and disclosure of interest (see pages 5 and 6). 6. Certified list of owners of real estate within a 500-feet radius from the outside boundary of property (see pages 7 and 8). 7. At least two photographs that show the entire property (land and improvements). Rev, 09/29/03 2 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. 9. A clear and legible copy of the subject property's legal description on a separate sheet of paper. 10. Maps showing the existing zoning designation and the adopted comprehensive plan designation for areas on and around the property. 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. 12. 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. 13. Developmental Impact Study (an application for development approval for a Development of Regional Impact may substitute). 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.) YES, the applicant has received a Certificate of Appropriateness for ground disturbing activity in an Archaeological Conservation Area pursuant to Historical and Environmental Preservation Board Resolution No. 2002-68. 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? 9.32 acres What is the purpose of this application/nature of proposed use? This substantial modification to the previously approved Major Use Special Permit is intended to relocate the residential building on Parcel "B" approximately 8 feet south of the approved location to Rev. 09/29103 3 • • allow for a right-of-way dedication associated with the City's desired realignment of SE 3rd Street. The Major Use Special Permit to permit the mixed -use residential/commercial/parking development consisting of 1500 residential units, approximately 230,000 square feet of retail, 9,000 square feet of office, and approximately 4,284 parking spaces was approved by Resolution No. 02-1249. 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). 20. Cost of processing according to the City Code: a) $ 5000, for the Substantial Modification to the Major Use Special Permit, b) Additional fee of $ 54,261, for any required special permits, changes of variances. zoning or c) Total Fee: $ 60,936 (includes $1,500 advertising surcharge & $525 for notice to owners. Signature Address 2665 S. Bayshore Drive, Ste. 420 Name Tony Recio, Esq. for Gilberto Pastoriza, Esq. Miami, FL 33133 Telephone 305-854-0800 Date January 9, 2004 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of i� 2 Ee.,r ;,r who isi a(n) ner/asenticorporation of dividuallpartnershiplcorporation. He/She is petplially known .;::)or who has produced as identification and who did (did not) take an oath. (Stamp) ®�aSYFU�, Yendi Valdes mission # % - - Les May zaw ron Noy 350-5161 Rev. 09/29/03 4 • • OWNER'S LIST Owner's Name See attached Exhibit "A" Mailing Address do Gilberto Pastoriza, 2665 South Bayshore Drive, Suite 420 Miami, Florida Zip Code 33133 Telephone Number (305) 854-0800 Legal Description: See attached Exhibit "B" Owner's Name Mailing Address Zip Code Telephone Number Legal Description: Owner's Name Mailing Address Zip Code Telephone Number Legal Description: Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 500 feet of the subject site is listed as follows: Street Address Legal Description Street Address Legal Description Street Address Legal Description Rev. 06/04/02 • • • Exhibit "A" Ownership of Tracts All of the following as depicted in the Plat of Du Pont Plaza, according to the plat thereof as recorded in Plat Book 50, Page 11, of the Public Records of Miami -Dade County, Florida ("Du Pont Plat"): Tract B: MDM Residence, LTD owns Tots 5-10, Block 3, less the west 13 feet of lots 5 and 10, Du Pont Plat MDM Retail, LTD owns Tots 1-4 and 11-13 and the west 13 feet of lots 5 and 10, Block 3, Du Pont Plat Tract C: P & G Development, LTD owns lots 1-8, Block 2, Du Pont Plat Tract D: P & G Development, LTD owns lots 1-8, Block 4, Du Pont Plat Rev. 06/04/02 • • • Exhibit "B" Legal Description Lots 1-8, inclusive, Block 2, together with all of Blocks 3 and 4, Du Pont Plaza, according to the plat thereof as recorded in Plat Book 50, Page 11, Public Records of Miami -Dade County, Florida. Rev. 06/04/02