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HomeMy WebLinkAboutSp Ex Application & Supp Docs• • • DEPARTMENT OF HEARING BOARDS 444 SW 2" d Avenue, 7th Floor • Miami, Florida 33130 Telephone 305-416-2030 • Fax 305-416-2035 PUBLIC HEARING APPLICATION FOR A SPECIAL EXCEPTION 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. 08/15/03 • • • Within the City generally, or within certain zoning districts, certain structures, uses, and/or occupancies specified in this ordinance are of a nature requiring special and intensive review to determine whether or not they should be permitted in specific locations, and if so. the special limitations, conditions, and safeguards which should be applied as reasonably necessary to promote the general purposes of this Zoning Ordinance and, in particular, to protect adjoining properties and the neighborhood from avoidable potentially adverse effects. It is further intended that the expertise and judgment of the Zoning Board be exercised in making such determinations, in accordance with the rules, considerations and limitations relating to Special Exceptions (see Article 16 of the Zoning Ordinance). Formal public notice and hearing is mandatory for Special Exceptions. The Zoning Board shall be solely responsible for determinations on applications for Special Exceptions except when otherwise provided for in the City Code. All applications shall be referred to the Director of the Planning and Zoning Department for his/her recommendations and the Director shall make any further referrals required by these regulations. Gloria M. Velazquez, on behalf of 900 Biscayne, LLC hereby apply to the City of Miami Zoning Board for approval of a special exception for the property located at 900 Biscayne Blvd, 928 Biscayne Blvd, 944 Biscayne Blvd, 901 N.E. 2nd Avenue,929 N.E 2nd Avenue and 951 N.E. 2nd Avenue , folio number 01-0102-010- 1070. 01-0102-010-1010, 01-0102-010-1020, 01-0102-010-1050, 01-0102-010-1040 and 01- 0102-010-1030 1. Three (3) original surveys of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the 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, building elevations and dimensions and computations of lot area and building spacing, etc. 3. Plans need to be stamped by Hearing Boards first and then signed by Public Works on the 81n Floor, Zoning on the 4in Floor and Planning on the 3'd Floor, prior to submittal of application. 4. An 81/2 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 (pages 4 and 5). 6. 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). 7. At least two photographs that show the entire property (land and improvements). 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 dear and legible copy of the subject property's legal description on a separate sheet of paper. Rev. 08/15/03 2 • • • 10. 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 11. 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.) yes 12. What is the acreage of the project/property site? 1.72 acres 13. What is the purpose of this application/nature of proposed use? Approval of FAA Clearance letter. 14. All documents, reports, studies, exhibits (8 '/� x11 ") or other written or graphic materials to be submitted at the hearing shall be submitted with this application. 15. Other (specify and attach documents explaining why any information you are attaching is pertinent to this application). 16. Cost of processing according to the City Code: Special exception $ 800.00 Special exception requiring automatic city commission review $ 2,000.00 Extension of time for special exception $ 500.00 Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice $ 3.50 Surcharge equal to applicable fee from item above, not to exceed eight hundred dollars ($800.00) except from agencies of the city; such surcharge to be refunded to the applicant if there is no appeal from the applicant or a property owner within five hundred (500) feet of the subject property. Signature Name Telephone 305-579-0736 Gloria M. Velazquez STATE OF FLORIDA COUNTY OF MIAMI-DADE Address 1221 Brickell Avenue Miami, Fi 33131 Date May 7, 2004 The foregoing instrument was acknowledged before me this day of - May 2004, by Gloria M. Velazquez who is a(n) individual/partner/agent/corporation of 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) OFF1CiAL. NOTARY SEAL MARISOL R GONZALEZ NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. DD1 a442 MY COMMISSION EXP. SEM 17,2006 ! Rev. 08/15/03 3 AFFIDAVIT Before me, the undersigned authority, this day personally appeared Gloria M. Velazquez , 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; © not including responding to day to day staff inquiries in which case he/she should be contacted at 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. Gloria M. Velazquez Applicant Name Aiplicant Signat STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 6 day of May 2004, by Gloria M. Velazquez who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personal! known to me or who has produced as identification and who d did not)al an oath. (Stamp) OFFICIAL NOTARY SEAL MARISOL R GONZALEZ NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO.0D148882 MY COMMISSION EXP. SEPT 17,2006 ignature Rev. 08/15/03 5 DISCLOSURE OF OWNERSHIP 1. Street address and legal description of subject property: 900 Biscayne Blvd 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 900 Biscayne LLC Mailing Address 1200 Brickell Avenue, Suite 1840, Miami, FI Zip Code 33131 Telephone Number 305-416-4556 See attached Exhibit "B" 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 None Gloria M. Velazquez Owner or Attorney for Owner Name Legal Description Owner or Attorne for Ow el -Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 6 day of ttal,rifi 2004, by Gloria M. Velazquez who is a(n) individual/partner/agent/corporation of 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) OF C1AL O'DM VS AL MARISOL R GONZALEZ NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. DD148882 MY COMMISSION EXP. SEPT 17,006 Rev. 08/15/03 6 Exhibit "A" LEGAL DESCRIPTION: PARCEL 1: Lots 1, 2, 3 and the South 50 feet of Lots 4 and 5, Block 21 North, City of Miami, according to the plat thereof as recorded in Plat Book B, Page 41, of the Public Records of Miami —Dade County, Florida. PARCEL II. The North 100 feet of Lots 4 and 5 less the West 10 feet of Lot 5, Block 21 North, City of Miami, according to the plot thereof as recorded in Plat Book 8, Poge 41, of the Public Records of Miami —Dade County, Florida. PARCEL 111: Lots 6, 7, 8, 9,*and 10 in Block 21 North, City of Miami, according to the plat thereof as recorded in Plat Book B, Page 41, of the Public Records of Miami —Dade County, Florida. _ • Individuals Ignacio Hernandez (20.63%) Jaime Hernandez (20.62%) Manuel Grosskopf (13.75%) Patricio Kreutzberger (4.375%) Jorge Rosenblut (4.375%) Raimundo Onetto (8.75%) Pedro A. Martin (27.50%) 900 BISCAYNE EXHIBIT B SCHEDULE OF NON -MANAGING MEMBERS, CAPITAL CONTRIBUTIONS AND UNITS Name and Address of Company AD! INVESTMENT BISCAYNE, INC. 1200 Brickell Avenue Suite 1840 Miami, Florida 33131 900 EMERSON FLORIDA, INC. 18851 North East 29 Avenue Aventura, Florida 33180 Terra-Archiplan (Manager) 900 Management, LLC 1200 Brickell Avenue Suite 1840 Miami, Florida 33131 (Manager of the Manager) Total Percentage Units 41.25% 13.75% 45% 150 Units = 41.25% 50 Units = 13.75% 164 Units = 45% srlA 1 strument Was Prepared By: Nicole S. Sayfie, Esq.. Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. 150 West Flagler St., Suite 2200 Miami, Florida 33130 Record and Return To: Nicole S. Sayfie, Esq. Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. 15o West Flagler St., Suite 2200 Miami, Florida 33130 Property Appraiser Grantee's Tax Identification No. Identification No. 0101020101030 06-1711874 WARRANTY DEED I 11111 11111 1111111111 11111 1111111111111 CFN 2004R0116989' OR Bk 22060 P s 3085 - 3088i (4p s RECORDED 02/20/2004 14:59:21 DEED DOC TAX 17,640.00 SURTAX 13r230.00 HARVEY RUVIF4r CLERK OF COURT MIAMI-DADE COUNTY' FLORIDA (Reserved) THIS WARRANTY DEED made this / 3day of February, 2004 between FLAMINGO GARAGE II, L.L.C., a Florida limited liability company, (the "Grantor"), whose mailing address is 425 West 61st Street, New York, NY 10021, and goo BISCAYNE LLC, a Florida limited liability company (the "Grantee"), whose mailing address is 1200 Brickell Avenue, Suite 1840, Miami, FL 33131. WITNESSETH: That Grantor, for and in consideration of the sum of TEN DOLLARS ($lo.00) and other good and valuable consideration, to it in hand paid by Grantee, the receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto Grantee the real property (the "Property") located in Miami -Dade County, Florida, and more particularly described in Exhibit "A" attached hereto and made a part hereof. SUBJECT TO: 1. All easements, conditions, covenants, restrictions, reservations, limitations and agreements of record, provided that this instrument shall not reimpose same. 2. Real estate taxes for the year 2004 and all subsequent years. 3. Existing applicable governmental building and zoning ordinances and other governmental regulations. 4. Subject to Mortgage in favor of BankUnited, FSB recorded in Official Records Book 1899o, Page 3861, as affected by Mortgage Modification Agreement recorded in Official Records Book 21766, Page 247, all of the Public Records of Miami -Dade County, FL. TOGETHER with all the tenements, hereditaments and appurtenances belonging or in any way appertaining to the Property. TO HAVE AND TO HOLD the same in fee simple forever. AND GRANTOR hereby covenants with Grantee that Grantor is lawfully seized of the Property in fee simple; that Grantor has good right and lawful authority to sell and convey the Property; and that Grantor does hereby fully warrant the title to the Property and will defend the same against the lawful claims of all persons whomsoever. Grantor is hereby bargaining, selling, conveying, and granting the Property to Grantee in "AS IS" and "WHERE IS" condition in all respects whatsoever. IN WITNESS WHEREOF, Grantor has caused this Warranty Deed to be executed by its duly authorized representative on the day and year first above written. Witnesses: Printed Name: 1 o nun A •- FLAMINGO GARAGE II, L.L.G., a Florida limited liability company By: METROPOLITAN QUIK PARK OF SOUTH FLORIDA, LLC, a Delaware limited liability company, its sole member By: RSVP METROPOLITAN PARK, LLC, a Delaware limited liability company, and LDINGS, LLC, a elaware limited liability compan .�• ufber STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI_DADE ) The foregoing instrument was acknowledged before me this /3 day of February, 2004 by Jacob I. Sopher, as Manager of M & E Holdings, LLC, a Delaware limited liability company and RSVP Metropolitan. Park, LLC, a Delaware limited liability company, the sole members of Metropolitan Quik Park of South Florida, LLC, a Delaware limited liability company, the sole member of Flamingo Garage II, L.L.C., a Florida limited liability company, on behalf of the company. He is personally known to mg or presented a as identification and did not take an oath. Notary Public, to of Florida Print Name: E//.Ex-- Commission No. 44 //8. fig EXHIBIT "A" The North 100 feet of Lots 4 and 5 less the West 10 feet of Lot 5, Block 21 North, City of Miami, according to the Plat thereof as recorded in Plat Book B, Page 41, of the Public Records of Miami -Dade County, Florida. G:IWNSS137O58\0034SeIIer's DocslWarranry Deed.FGU.wpd -3- That stt'i ment Was Prepared By: 1111111111111111111111111111111111111111111 Nfe S. Sayfie, Esq. Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. 13o West Flagler St., Suite 2200 Miami, Florida 3313o Record and Return To: Nicole S. Sayfie, Esq. Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. 150 West Flagler St., Suite 2200 Miami, Florida 83130 Property Appraiser Grantee's Tax Identification No. identification No. CFN 2004-R0116990 OR Bk 22060 ?es 3089 - 3092; Copt RECORDED 02/20/2004 14:59121 DEED DOC TAX 26,460.00 SURTAX 19,845.00 HARVEY RUVIN, CLERK OF COURT MIAMI-DADE COUNTY, FLORIDA (Reserved) 0101020101010 06-1711874 0101020101020 0101020101040 WARRANTY DEED THIS WARRANTY DEED made this day of February, 2004 between FLAMINGO GARAGE, L.L.C., a Florida limited liability company, (the "Grantor"), whose mailing address is 425 West 61st Street, New York, NY 10021, and goo BISCAYNE LLC, a Florida limited liability company (the "Grantee"), whose mailing address is 1200 Brickell Avenue, Suite 1840, Miami, FL 33131. WITNESSETH: That Grantor, for and in consideration of the sum of TEN DOLLARS ($1o.00) and other good and valuable consideration, to it in hand paid by Grantee, the receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto Grantee the real property (the "Property") located in Miami -Dade County, Florida, and more particularly described in Exhibit "A" attached hereto and made a part hereof. SUBJECT TO: 1. All easements, conditions, covenants, restrictions, reservations, limitations and agreements of record, provided that this instrument shall not reimpose same. 2. Real estate taxes for the year 2004 and all subsequent years. 3. Existing applicable governmental building and zoning ordinances and other governmental regulations. 4. Subject to Mortgage in favor of BankUnited, FSB recorded in Official Records Book 1899o, Page 3861, as affected by Mortgage Modification Agreement recorded in Official Records Book 21766, Page 247, all of the Public Records of Miami -Dade County, FL. TOGETHER with all the tenements, hereditaments and appurtenances belonging or in any way appertaining to the Property. TO HAVE AND TO HOLD the same in fee simple forever. 'F EXffiBIT "A" Lots 1, 2, 3 and the South 50 feet of Lots 4 and 5, Block 21 North, in the City of Miami, as recorded in Plat Book B, Page 41, of the Public Records of Miami -Dade County, Florida. cAw-rrss1370581003+setleta DQcstiwarranty ©cea.wpd -3- 'It,ks Instrument Was Prepared By: 11111111111111111111111111111111 Hill111111 Nicole S. Sayfie, Esq. Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. 150 West Flagler St., Suite 2200 Miami, Florida 3313o Record and Return To: Nicole S. Sayfie, Esq. Stearns Weaver Miner Weissler Alhadeff & Sitterson, P.A. 150 West Flagler St., Suite 2200 Miami, Florida 33130 Property Appraiser Grantee's Tax Identification No. Identification No. 'OFN 2004R0116991 OR Bk 22060 Pss 3093 - 30961 (4as RECORDED 02/20/2004 14157:21 DEED IOC TAX €4 r 100.00 SURTAX 33r075.00 HARVEY RUVIHp CLERK OF COURT MIAMI-DARE COUNTY, FLORIDA (Reserved) 0101020101050 06-1711874 0101020101070 WARRANTY DEED THIS WARRANTY DEED made this 3 day of February, 2004 between IRENE GARAGE, LLC, a Florida limited liability company, (the "Grantor"), whose mailing address is 425 West 61st Street, New York, NY 10021, and goo BISCAYNE LLC, a Florida limited liability company (the "Grantee"), whose mailing address is 1200 Brickell Avenue, Suite 1840, Miami, FL 33131. WITNESSETH: That Grantor, for and in consideration of the sum of TEN DOLLARS ($io.00) and other good and valuable consideration, to it. in hand paid by Grantee, the receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto Grantee the real property (the "Property") located in Miami -Dade County, Florida, and more particularly described in Exhibit "A" attached hereto and made a part hereof. SUBJECT TO: 1. All easements, conditions, covenants, restrictions, reservations, limitations and agreements of record, provided that this instrument shall not reimpose same. 2. Real estate taxes for the year 2004 and all subsequent years. 3. Existing applicable governmental building and zoning ordinances and other governmental regulations. 4. Subject to Mortgage in favor of BankUnited, FSB recorded in Official Records Book 1899o, Page 3861, as affected by Mortgage Modification Agreement recorded in Official Records Book 21766, Page 247, all of the Public Records of Miami -Dade County, FL. TOGETHER with all the tenements, hereditaments and appurtenances belonging or in any way appertaining to the Property. TO HAVE AND TO HOLD the same in fee simple forever. AND GRANTOR hereby covenants with Grantee that Grantor is lawfully seized of the Property in fee simple; that Grantor has good right and lawful authority to sell and convey the Property; and that Grantor does hereby fully warrant the title to the Property and will defend the same against the lawful claims of all persons whomsoever. Grantor is hereby bargaining, selling, conveying, and granting the Property to Grantee in "AS IS" and "WHERE IS" condition in all respects whatsoever. IN WITNESS WHEREOF, Grantor has caused this Warranty Deed to be executed by its duly authorized representative on the day and year first above written. Witnesses: Name: T,n t j,A •Tq mA C Name: /4l64'. IRENE GARAGE, LLC, a Florida limited liability company By: METROPOLITAN QUIK PARK OF Printed SOUTH FLORIDA, LLC, a Delaware limited liability company, its sole member and By: RSVP METROPOLITAN PARK, LLC, a Delaware limited liability company By: M & E HOLDINGS, LLC, a Delaware limited liab' ' . '. any, member her, Manager STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this /3 day ofFebruary, 2004 by Jacob I. Sopher, as Manager of M & E Holdings, LLC, a Delaware limited liability company and RSVP Metropolitan Park, LLC, a Delaware limited liability company, the sole members of Metropolitan Quik Park of South Florida, LLC, a Delaware limited liability company, the sole member of Irene Garage, LLC, a Florida limited liability company, on behalf of the company. He is personally known to me or presented a as identification and did not take an oath. My Commission Expires: GAW-NSS137058100 t11111iiad.Ircne.wpd \\ :� �74 * ,�•1 3i+• *! #DD118468 •r ,ry`t / , aNl� Notary Pu • lic, Stat ,of Florida Print Name: � ' 7' GG 0, Commission No. 44 //F g -- 2 - EXHIBIT "A" Lots 6, 7, 8, 9 and 10, in Block 21 North, City of Miami, according to the Plat thereof, as recorded in Plat Book B, Page 41, of the Public Records of Miami -Dade County, Florida. - 3 -