HomeMy WebLinkAboutZoning Write-Up•
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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
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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, Ben Fernandez, Esq. on behalf of Sylvia Urlich Fox under the Sylvia Urlich Fox Land Trust
Agreement dated July 26, 1999; Flagler Medical Management Inc., a Florida Corporation; Sylvia
Urlich Fox under the Sylvia Urlich Fox Land Trust Agreement dated July 28, 2000, 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: West Hagler Street & SW 6t, Avenue
. Two (2) original surveys prepared by a State of Florida registered land surveyor within six
(6) months from the date of application. See Tab P
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 P
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 3`d Floor, prior to submittal of
application. See Tab P
4. An 8 1/2 x 11" copy of the plans after signature from the above departments. See Tab P
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
Rev. 09/29/03 2
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7. At least two photographs that show the entire property (land and improvements). See Tab Q
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 1
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 Tab P
12. Concept Plan: See Tab P
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 0
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? 2.122
18. What is the purpose of this application/nature of proposed use? To permit a mixed use
commercial/residential development consistent with the C-1 Zoning District.
Rev. 09/29/03 3
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19. 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. See Table of Contents
for complete listing of all reports, etc.
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) $ , for the Major Use Special Permit.
b) Additional fee of $
zoning or variances.
c) Total Fee: $
Signature
, for any required special permits, changes of
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 November"' , 2004
The foregoing instrument was acknowledged before me this day of November
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
MY COMMISSION # DO 095997
EXPIRES: February 27, 2008
900.r OTARY Ft. Notary Sergi & cBoncI fg, inc.
Rev. 09/29/03 4
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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
i
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affidavit are true and correct.
Further Affiant sayeth not.
Ben Fernandez, Esq.
Applicant Name Applicant Signatur
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this') day of November
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 identifica and who did (did not)
take an oath.
(Stamp)
�. LLERENA
MY uOiv,V, S'S ON # DO 035997
EXPIFi'ES: February 27, 2006
r r. motary Seofiet t3 9Qcong, !�'c
Signature
Rev. 09/29/03 5
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DISCLOSURE OF OWNERSHIP
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
Mailing Address
Telephone Number
Sylvia Urlich Fox under the Sylvia Urlich Fox Land Trust Agreement
dated July 26, 1999; Flagler Medical Management Inc., a Florida
Corporation; Sylvia Urlich Fox under the Sylvia Urlich Fox Land
Trust Agreement dated July 28, 2000
c/o Hamid Bolooki, Chanticleer Bayview Inc. 351 NW Le Jeune
Road, Suite 600 Miami, FL Zip Code 33126
(305) 643-5040
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
N/A
Ben Fernandez, Esq.
Owner or Attorney for Owner Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Legal Description
Owner or Attorney fo z Owne .'S `gnature
The foregoing instrument was acknowledged before me this day of November
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.
Y CO MISS ON # 00 095997
$ EXP?RES: February 27, 2005
1- 3-NOTARY FL Wary Servi &Bondrm,
(Stamp)
Rev. 09/29/03 6
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NOTICE TO THOSE PREPARING CERTIFIED LISTS OF PROPERTY OWNERS FOR
CITY OF MIAMI PUBLIC HEARINGS
This will outline the procedures and describe the format required for preparing ownership lists of
real estate properties within 500 feet of site to be scheduled for public hearing. If you have any
questions do not hesitate to call us at 305-416-2030.
• This information can also be obtained from a real estate consultant found in the
yellow pages.
PREPARATION OF LIST OF REAL ESTATE OWNERS WITHIN 500 FEET OF APPLICATION
SITE.
The following must be provided along with the application for public hearing in order to meet
filing criteria. The enclosed sample will show the items to be included and the format required.
1. COVER LETTER - Please use the format shown on the following page. The address and
legal description of the subject property must be included. This letter is to be signed by the
certifier of the list.
2. MAP - This map should show the subject site and have the radius marked off indicating all
properties within 500 feet of the perimeter of the subject site.
3. OWNERSHIP LIST - To include the owners' names, mailing addresses, property street
addresses and legal descriptions of all properties, including individual unit owners of
condominiums, which fall within the 500-foot radius boundary. This list MUST be provided
in the format shown below.
OWNERSHIP LIST
SUBDIVISION NAME (Plat Book/Page)
Block Number, Lot Number,
Street Address
EXAMPLE:
A.L. KNOWLTON'S MAP OF MIAMI (B-41)
Block 1, Lot 1
123 SW 5th Street
Owner's Name(s) and
Mailing Address
City, State Zip Code
JOHN SMITH
123 SW 5th Street
Miami, Florida 33133
4. MAILING MATRIX — Mailing labels should list ONLY the name and mailing address of all
property owners listed on ownership list, using one space per name. Be sure to observe the
margins of each space, since this matrix will be used to make peel -off mailing labels.
Please avoid duplications of names, where individuals own more than one property listed.
Rev. 09/29/03 7
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CITY OF MIAMI
HEARING BOARDS
P 0 BOX 330708
MIAMI, FL 33233-0708
Re: Property Owners List Within 500 Feet of:
Street Address
Legal Description
This is to certify that the attached ownership list, map and mailing matrix is a complete and
accurate representation of the real estate property and property owners within 500 feet of the
subject property listed above. This reflects the most current records on file in the Miami -Dade
County Tax Assessor's Office.
Sincerely,
Signature
Company Name
Address
Telephone
Total number of property owners without repetition:
Rev. 09/29/03 8
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ADDITIONAL PAPERWORK FOR
CORPORATIONS / PARTNERSHIPS
Articles of incorporation
■ Certificate from Tallahassee Tess than one (1) year old showing
Corporation is in good standing.
• Corporate Resolution or a Power of Attorney authorizing the person
signing the application to do so, signed by the secretary of the
Corporation.
Non-profit organizations: A list of the Board of Directors less than one (1)
year old.
Rev. 09/29/03 9