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HomeMy WebLinkAboutApplication & Supp Docs• BE RCOW RADELL zoNI N©, LAND USE AND ENVIRONMENTAL LAW Direct: 305-377-6235 E-Mail: BFemandezC brzon alaw.corn VIA HAND DELIVERY May 7, 2004 Ms. Teresita Fernandez Executive Secretary Planning & Zoning Departotent Hearing Boards Division City of Miami Riverside Center 444 SW 21d Avenue, 7th Floor Miami, FL 33130 RE: Avant - Application for Major Use Special Permit Dear Ms. Fernandez: This law firm represents Avant Towers, LC in relation to the referenced application enclosed under Tab B. This letter shall serve as the applicant's letter of intent in order to request the following approvals: • PER CITY CODE, Chapter 36, Construction Equipment, request for waiver of noise ordinance while under construction for continuous pours. • MUSP, as per Article 9, Section 914, a development bonus to permit a mixed use of 22,769, square feet of floor area will be paid to the Affordable Housing Trust Fund at the applicable rate at time of permitting; • MAJOR USE SPECIAL PERMIT as per Article 5, Section 502, PUD district to increase the floor area by twenty percent, 18,215 square feet. WACHOVIA FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI, FLORIDA 33131 PHONE, 305.374.5300 • FAX. 305.377.6222 • • • Ms. Teresita Fernandez May 7, 2004 Page 2 • The Major Use encompasses the following Special Permits: • CLASS II SPECIAL PERMIT as per Article 9, Section 922.4(c), to allow maneuvering of trucks on public rights of way. • CLASS II SPECIAL PERMIT as per Article 9, Section 906.6, for pool/outdoor recreation area; • CLASS II SPECIAL PERMIT as per Article 6, Section 620.3.1, for development of new construction within the Edgewater/Omni District. • CLASS II SPECIAL PERMIT, as per Article 4, Section 620.3.1, to allow construction fence and covered walkway. • CLASS II SPECIAL PERMIT, as per Article 9, Section 927, to allow temporary off -site parking during construction. • CLASS II SPECIAL PERMIT as per Article 9, Section 908.2 for access from a public street roadway width greater than 25 feet. • CLASS I SPECIAL PERMIT as per Article 9, Section 906.9 to allow for a special event namely a ground breaking ceremony. • CLASS I SPECIAL PERMIT to permit staging and perking during construction (to be approved prior to obtaining a building permit from the Department of Planning and Zoning.) • 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 920.1, to allow a construction trailer and watchman's quarters. • SPECIAL EXCPTION as per Section 915.2 for FAA clearance letter. • CLASS I SPECIAL PERMIT as per Article 9, Section 920.1, to allow a trailer(s) for construction and other temporary offices such as leasing and sales. B,RCOW & RADELL LON[N O. LiiNo USE ANIO ENV/ aONM.1,1,.L LAW • • • Ms. Teresita Fernandez May 7, 2004 Page 3 • CLASS I SPECIAL PERMIT as per Article 9, Section 917.1.2 to allow valet parking including buses and other vehicles. • CLASS II SPECIAL PERMIT as per Article 9, Section 927, to allow temporary off -site parking during construction. • Class II Special Permit, as per Art 15, Section 1512, (Waiver of Guides and Standards for standard wall or column. • REQUEST for applicable MUSP conditions to be required at the time of shell permit instead of at issuance of foundation permit. the requirement to record in the Public Records a Declaration of Covenants and Restrictions providing that the ownership, operation and maintenance of all common areas and facilities will be by the property owner or a mandatory property owner association; and the requirement to record in the Public Records a unity of title or covenant in lieu of unity of title. The information in this application including the development plans and supporting documents provide substantial and competent evidence in support of the foregoing requests. Accordingly, the Applicant requests the Department's favorable review and recommendation. Thank you for your attention to this matter. BF/bl Sinc rely, a en Fernand z BERCOW & RADELL EONINC, L/iNo uaE ATV ID £NVINONMENTwi LAW o • • 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. 1, Ben Fernandez, Esq. on behalf of Avant Towers, LC, 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: 234 — 272 NE 34th Street . Two (2) original surveys prepared by a State of Florida registered land surveyor within six (6) months from the date of application. See Tab Q. 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 Tab R. 3. Plans need to be stamped by Hearing Boards first and then signed by Public Works on the 8t, Floor, Zoning on the 4th Floor and Planning on the 3rd Floor, prior to submittal of application. See Tab R. 4. An 8'/� x 11" copy of the plans after signature from the above departments. See Tab R. 5. Affidavit and disclosure of ownership of subject property and disclosure of interest (see pages 5 and 6). See Tab B. 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 Tab H. 7. At least two photographs that show the entire property (land and improvements). See Tab E. 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. See Tab I. 9. A clear and legible copy of the subject property's legal description on a separate sheet of paper. See Tab D. 10. Maps showing the existing zoning designation and the adopted comprehensive plan designation for areas on and around the property. See Tab F. 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 Context Plan under Tab R. 12. Concept Plan: See Tab R. 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). See Tab P. 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? 0.85 net acres 18. What is the purpose of this application/nature of proposed use? To permit a mixed use commercial/residential development consistent with the SD-20 Edgewater Overlay Zoning District 19. All documents, reports, studies, exhibits (8 1/z xl 1") or other written or graphic materials to be submitted at the hearing shall be submitted with this application. See Table of Contents for complete listing of all reports, etc. Rev. 09/29103 3 • • • 20. Other (specify and attach cover letter explaining why any document you are attaching is pertinent to this application). N/A. 21. Cost of processing according to the City Code: a) $ 8,940.50 , for the Major Use Special Permit. b) Additional fee of $ 0 , for any required special permits, changes of zoning or variances. c) Total Fee: $ 8,940.60. Signature Address 200 S. Biscayne Blvd. # 850 Name Ben Fernandez, Esq.Miami, FL 33131 Telephone 305-377-6235 STATE OF FLORIDA COUNTY OF MIAMI-DADE Date May 7, 2004 The foregoing instrument was acknowledged before me this 7th day of May 2004, by Ben Fernandez, Esq. who is a(n) individual/partner/agent/corporation of Bercow & Radell, P.A. a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) BETTY LLERENA Y C0MM4SSIofi # OD 095997 EXP ES: February 27, 2006 1.606-NCTA`tY FL No&y aeraic & Bc-n• ding, Inc. 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, © including responding to day to day staff inquires; 0 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 STATE OF FLORIDA COUNTY OF MIAMI-DADE Applicant Signature v The foregoing instrument was acknowledged before me this day of May 2004, by Ben Fernandez, Esq. who is a(n) individual/partner/agent/corporation of Bercow & Radell, P.A. a(n) individual/partnership/corporation./She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stem BETTY LLERENA MY COMMISSION # ©[} 00927 EXPIRES: F#bruary 27. 2006 1-e a -NOTARY rt, Wary SE,Ma t Scoti»i4, i tc. Rev. 09/29/03 5 DISCLOSURE OF OWNERSHIP • • • 1. Street address and legal description of subject property: See Tab D. 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 Luis Dominguez (75%) and Virginia Dominguez (25%) Mailing Address 610 West Dilido Drive, Miami Beach, FL Zip Code 33139 Telephone Number 305-577-8805 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 Owner or Attorney fo ' Owner : nature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this '' day of May 2004, by Ben Fernandez, Esq. who is a(n) individual/partner/agent/corporation of Bercow & Radell, P.A. a(n) individual/partnership/corporation. IJShe is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) BETTY LLERENA MY COMMISSION # C7Q 9$5997 EXPIRES: Feb:Liar)! 27, 2006 aRY FL Notary Service 8 8onairi. Inc, Rev. 09/29/03 6 04/30/2004 1611 FAX 21002/003 1111111 I1111111111111111111111111111111111111 This instrument was prepared by: LOUIS STINSON, JR,, P.A. 2199 Ponce de Leon Blvd., Suite 301 Coral Gables, Florida 33134 Folio No,: 01-3230-006-0310 01-3230-006-0320 01- 230-006-0330 01-3230-006-0340 01-3230-006-0350 01-3230-006-0360 CFht 20O3RO867434 OR Bk 21842 P95 1898 - 18991 (2p95) RECORDED 11/19/2003 13:57103 DEED DOC TAX 15f300.00 SURTAX 11r475.00 HARVEY RUVINP CLERK OF COURT MIAMI-DADE COUNTY? FLORIDA WARRANTY DEED (STATUTORY FORM - SECTION 689.02, F.S.) This Indenture, made this i`l day of November, 2003, Between WILLIAM E. BECICHAM, individually and as 1IEUSTEE, (grantor), whose post office address is 1250QVirtudes Streit, Coral Gables, FL 33156 and AVANT TOWERS, LC, a Florida limited liability company,("Grantee"), whose post office address is P, D. Box 1 90924, Miami each, FL331 1 9 Witnesseth that said grantor, for and in consideration of the sum of Ten Dollars, and other good and valuable considerations to said grantors in hand paid by said grantee, the receipt whereof is hereby acknowledged, have granted, bargained and sold to the said grantee, and grantee successors and assigns forever, the following described land, situate, lying and being in Miami -Dade County, Florida to wit: The West 46 feet of Lot 17 and all of Lots 18,19, 20, 21 and 22, Block. 2, of AMENDED PLAT of BEVERLY, according to the Pat thereof, as recorded in Plat Book 3, at Page 24, of the Public Records of M.ian-,i-Dade County, Florida.. This Deed is given subject to conditions, restrictions, limitations and casements of record, applicable zoning ordinances and taxes for the year 2003 and subsequent years. Subject property is not now and never has been the homestead of Grantor nor contiguous thereto, Grantor having continuously resided elsewhere from prior to his having taken title to the afore described property to a current date. and said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomever_ * "Grantors" and "Grantee" are used for singular or plural, as context requires. • 04/30/2004 E6:12 FAX 003/003 tJR 13k 2184.2 PG 1899 LAST PAGE • • • In Witness Whereof, grantor has hereto set his hand and seal the day and year first above written. Signed, sealed and delivered in the presence of Printed Name of Witness k1 WILLIAM E BECKHAM, individually and as TRUSTEE STATE OF FLORIDA ) )SS COUNTY OF MIAMI-DARE_ ) The foregoing instrument was acknowledged before me /has 7 day of November, 2003 by WILLIAM E. BECKHAM, individually and as TRUSTEE, who is personally known to me or has produced as identification and who did/did not take an oath. (SEAT.) VICTORIA E. NOMPSONNI NOTJRY Rem SIAIE cif Row, MYcommissioN # 00 070741 EXP1RE9: JANUARY 25, 2008 NOTARY PUBLIC STATE OF FLORIDA (Signature of Notary Public) My Cuuunission Expires: