HomeMy WebLinkAboutMUSP Application•
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DEPARTMENT OF HEARING BOARDS
444 SW 2" 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 at the number above, 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 3:00 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 before the
deadline. Upon submittal, this application must be accompanied with a signed
and current Zoning Referral.
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. A valid
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.
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An additional cost to record the Zoning Board 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 is signed or initialed by 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.
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, A. Vicky Garcia -Toledo, Esquire, P.A., on behalf of Neo Epoch 1 Ltd. and Downtown
River Village, L.L.C., hereby apply to the Director of the Planning and Zoning
Department of the City of Miami for approval of a substantial modification to a previously
approved Major Use Special Permit for Miami River Village under the provisions of
Article 17 of the City of Miami Zoning Ordinance at the following location: See attached
Exhibit "A".
1. Three (3) original surveys prepared by a State of Florida registered land surveyor
within six (6) months from the date of application.
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2. Three (3) sets of original plans: two (2) 11" x 17" and one (1) 24" x 36", 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 81/2" x 11" copy of the plans after signature from the above departments.
5. At least two photographs that show the entire property (land and improvements).
6. 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.
7 A clear and legible copy of the subject property's legal description on a separate
sheet of paper.
8. Affidavit and disclosure of ownership of subject property and disclosure of
interest (see pages 5 and 6).
9. Certified list of owners of real estate within a 500-foot radius from the outside
boundary of property (see pages 7 and 8).
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.
Relationships to surrounding existing and proposed uses and activities,
systems and facilities, per Section 1702.2.2a in Zoning Ordinance 11000,
as amended.
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.
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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 [3rd
Floor] at 305-416-1400 for information.) Yes.
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 [3rd Floor] at 305-
416-1400 for information.) No.
17. What is the acreage of the project/property site? 7.12 acres (gross), 5.09 acres
(net).
18. What is the purpose of this application/nature of proposed use? Mixed use
project.
19. All documents, reports, studies, exhibits (81/2" x 11") or other written or graphic
materials to be submitted at the hearing shall be submitted with this application.
20. Other (specify and attach cover letter explaining why any document you are
attaching is pertinent to this application).
21. Cost of processing according to the City Code:
(a) $ 6,347.00 , for the Major Use Special Permit.
(b) Additional fee of $-0-, for any required special permits, changes of zoning
or variances.
Total Fee: $ 6,347.00
(c)
Signature
A. Vicky Ga is Toledo, Esquire
Name A. Vicky Garcia- oledo, Esquire, P.A.
Telephone (305) 350-2409
ADDRESS:
Bilzin Sumberg Baena Price &
Axelrod LLP
2500 Wachovia Financial Center
200 South :.' .. yne Boulevard
Miami, .--5340
Date:
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STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this 6th day of October,
2004, by A. Vicky Garcia -Toledo, Esquire, of A. Vicky Garcia -Toledo, Esquire, P. A., as
attorney for Owner. She is personally known rod did take -an oath.
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MY COMMISSION DO 82609
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Signature
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RIVER FRONT
( EAST)
a mixed use project
APPLICATION FOR
MAJOR USE SPECIAL PERMIT
Note 1,
Request for A Substantial Modification to a Major Use Special Permit To:
a) Allow a residential project consisting of more than 200 units with ancillary
commercial and office use.
b) Allow a parking garage consisting of more than 500 parking spaces.
c) Allow for a phased project consisting of Phases 1, 2 and 3.
Note 2.
Request for Class II Special Permit To:
a) Allow size reduction of loading berths.
b) Allow new construction along the Miami River.
c) Allow signage for the project and tenants.
d) Allow temporary construction fences and covered walkways.
Note 3.
Request for Class I Special Permit To:
a) Allow permanent recreation facilities.
b) Allow staging and parking during construction.
c) Allow development/construction/and signage.
d) Allow construction fence/construction trailer.
e) Allow valet parking service.
f) Allow special event for ground -breaking ceremony.
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Note 4.
To request from the City Commission:
a) a waiver from the noise ordinance during the required concrete pours for
construction of the project.
Note 5.
To apply for a Certificate of Appropriateness for ground -disturbing activities.
Note 6.
To request a waiver of view corridors.
Note 7.
To apply for all lesser permits as may be required to allow development and
construction of this phase project as contemplated under this Major Use Special Permit
application as submitted and as per plans on file.
Note 8.
The above Substantial Modification to a Major Use Special Permit is to
encompass all lower ranking special permits necessary to complete the projects as per
plans under Tab 6.
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EXHIBIT "A"
COMPLETE LEGAL DESCRIPTION
COMBINING ALL LOTS, ALL OWNERS
Lots 1, 2, 3, 4, 5, 6, 7, 8 and 9, inclusive, in Block 135, 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, LESS the following:
That part of Lots 1, 2, 3, 4 and 5 in Block 135 North of A. L. Knowlton's Map of Miami,
according to the plat thereof recorded in Plat Book "B" at Page 41 of the Public Records
of Miami -Dade County, Florida, being more particularly described as follows:
Begin at the Northeast corner of said Lot 3; thence run South 87°43'00" West, along the
North line of said Lots 3, 4 and 5 for a distance of 241.35 feet to the point of intersection
with the arc of circular curve concave to the Northeast, thence from a tangent bearing of
South 76°37'08" East, run Southeasterly along the arc of said circular curve concave to
the Northeast, having a radius of 1658.02 feet, through a central angle of 07°42'02", for
an arc distance of 222.84 feet, thence run South 02°19'00" East for a distance of 67.36
feet; thence run South 09°18'25" West for a distance of 37.83 feet to a point on the
South line of said Lot 1, thence run North 87°43'00" East, along the South line of said
Lot 1, for a distance of 31.04 feet to the Southeast corner thereof; thence run North
02°19'00" West, along the East line of said Lots 1, 2 and 3, for a distance of 150.00 feet
to the Point of Beginning.
AND
Lots 12, 13, 14, 15, 16, 17 and 18 in Block 135 North, City of Miami, according to the
Plat thereof, recorded in Plat Book B, Page 41, of the Public Records of Miami -Dade
County, Florida,
AND
That certain 40 foot strip of land situated South of Lots 12, 13, 14, 15 and 16, in Block
135 North, City of Miami, according to the Plat thereof recorded in Plat Book B, Page
41, of the Public Records of Miami -Dade County, Florida, more particularly described as
follows:
Beginning at the intersection of the South line of Lot 16, Block 135 North, City of Miami,
and the West line of South Miami Avenue, formerly Avenue D; thence West along the
South Line of Lots 16, 15, 14, 13 and 12, Block 135 North, City of Miami, for a distance
of 350 feet, more or less, to the point of intersection with the West line of Lot 12; thence
South along the West line of Lot 12 extended, for a distance of 40 feet to a point; thence
East along a line parallel to and 40 feet South of the South line of Block 135 North, City
of Miami, for a distance of 350 feet, more or less, to the point of intersection with the
West line of South Miami Avenue, formerly Avenue D; thence North along the West line
of South Miami Avenue to the Point of Beginning.
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AND
Tract A of Thatcher Enterprises Property, according to the Plat thereof, recorded in Plat
Book 79, Page 40, of the Public Records of Miami -Dade County, Florida.
LESS AND EXCEPT:
Begin at the Northeast corner of said Lot 18; thence run South 87°43'00" West, along
the North line of said Lot 18, for a distance of 54.61 feet; thence run South 02°16'45"
East for a distance of 421.53 feet; thence run South 87°43'15" West, at right angles to
the Iast described course, for a distance of 32.50 feet; thence run South 02°16'45" East,
at right angles to the Iast described course, for a distance of 37.18 feet, more or less, to
a point on the South line of said Tract A; thence run North 42°27'14" East, along the
South line of said Tract A and along the Low Water Line of the Miami River, for a
distance of 9.39 feet; thence run North 42°36'34" East, along the South line of said
Tract A and along the Low Water Line of the Miami River for a distance of 107.33 feet to
the Southeast corner of said Tract A; thence run North 02°19'00" West, along the East
line of said Tract A, for a distance of 186 feet, more or less, to the Northeast corner
thereof; thence run North 87°43'00" East, along the Easterly extension of the North line
of said Tract A, for a distance of 5.00 feet to a point on the Southeasterly extension of
the East line of said Lot 16; thence run North 02°19'00" West along the East line of said
Lots 16, 17 and 18, and the Southerly extension thereof, for a distance of 190.00 feet to
the Point of Beginning.
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RIVER FRONT EAST
SD-6 CENTRAL COMMERCIAL RESIDENTIAL DISTRICT
300,350 AND 400 SOUTH MIAMI AV.
MUSP, as per Article 17, Section 1701,(11) to permit individual phase of multi phase project.
SUBSTANTIAL MODIFICATION of an Approved MUSP (Resolution No. 03-1235), per
Article 22, Section 2215, of City of Miami Zoning Ordinance 11000, as amended, to allow a
change in the original application by increasing residential units from 1304 to 1424 units,
and decreasing non-residential uses from 101,157 sq.ft to 94,794 sq.ft.
Including all of the previously approved special permits under the original MUSP
MUSP, as per Article 17, Section 1701, to permit residential in excess of two hundred 200
dwelling units. Proposed (1424 units)
MUSP as per Article 17 for development to provide parking in excess of (500) spaces or more.
Proposed 1671 parking spaces.
Class II Special Permit, as per Article 6, Section 602.3.1 to permit new construction in the
SD-6 Zoning District.
Class II SPECIAL PERMIT, as per Article 6, for signage approval
Class II SPECIAL PERMIT, as per Article 6, Section 607.3.1, for temporary construction
fence and covered walkway.
Class II SPECIAL PERMIT, as per Article 9, Section 922.1 and 923.2, a request to reduce
five of the required 8 loading berth/s from 12 X 55 to five 12 X 35 .
Class I SPECIAL PERMIT, as per Article 9, Section 906.9, to allow for a special event
namely a ground breaking ceremony.
Class I Permit as per Article 9, Section 918.2, for parking and staging of construction during
construction.
Class I special Permit as per Article 10, section 10.3.2.2 to allow development/construction
/rental signage.
{ M2134397;1 I
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Class I permit as per Article 9, Section 920.1(d), to allow a construction trailer.
Class I Permit as per Article 9, Section 920.1.2, to allow a temporary sales office trailer.
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Request for the following MUSP condition to be required at time of shell permit instead of at
issuance of foundation permit:
a. The requirement to provide a letter of assurance for the Solid Waste Department; and
b. The requirement to record in the Public Records a Declaration of Covenant and
Restrictions providing that the ownership, operation and maintenance of all common
areas and facilities will be by the property owner and/or a mandatory property owner
association; and
c. The requirement to record in the Public Records a unity of title or covenant in lieu of
unity of title.
Per City Code, Chapter 36. Construction Equipment Request for waiver of noise ordinance while
under construction for continuous pours.
This project has a companion applications for land use and zoning change to SD-6 and land
use for restricted commercial. The companion applications have been approved in first
reading by city commission.2"d reading will be heard concurrent with the public hearing
for the MUSP.
Aldo Reyes Date
Chief Zoning Inspector
(M2134397; I }