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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
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.
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
4isigned or initialed by the Planning Department designee.
Applications given to customers do not constitute action from the City of Miami without
plans review and written comments from Zoning.
Rev. 12-13-04
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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 PLANNING DEPARTMENT 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, Adrienne F. Pardo, on behalf of Vista Biscayne, LLC
hereby apply to the Director of the Planning 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: Approximately 452 NE 29th Street, 446 NE 29th Street
and 436 NE 29th Street, all in Miami, Florida
1_ Four (4) original surveys prepared by a State of Florida registered land surveyor within six
(6) months from the date of application.
2. Four (4) original set of plans: three (3) 11x17" and one (1) 24x36", signed and sealed by a
State of Florida registered architect or engineer showing property boundaries 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 a) Public Works on
the 8th Floor, b) Zoning on the 4th Floor and c) Planning on the 3`'i Floor, prior to submittal.
Note: Plans are to be submitted to Zoning for review starting from the 8th through the 30th of
each month. Zoning will not be accepting plans on the first seven days of the month.
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.
Rev. 12-14-04 2
7. A clear and legible copy of the subject property address and legal description on a separate
sheet of paper, labeled as "Exhibit A".
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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.
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. 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 Department (3rd Floor) at 305-416-1400 for information.} No
15. 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 Department (3rd Floor) at 305-416-1400 for information.} No
16. What is the acreage of the project/property site? .41 acres
17. What is the purpose of this application/nature of proposed use? Approval of a
Major Use Special Permit per Section 914 for 9,675 additional square feet to include 41
residential units and 62 parkinq spaces.
Rev. 12-14-04 3
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 and will be kept as part
of the record.
19. Other (Specify and attach cover letter explaining why any document you are attaching is
pertinent to this application).
20. Twenty-one (21) "Major Use Special Permit" books containing the above information. If this
project requires Zoning Board approval, a total of thirty-one (31) books are required.
21. A digital copy containing the above information, individually scanned, as .pdf of every
document submitted in the MUSP book. For example: 1) application and supporting
documents, 2) economic study, 3) traffic impact study, etc.
22. Cost of processing according to the City Code:
a) $ $5,000 , for the Major Use Special Permit.
b) Additional fee of $ 12,997.60 , for any required special permits, changes of
zoning or variances.
c) Total Fee: $ 20,649.10
Surcharge $1,150
Mailing $1,5011.50 (143 labels $10.50)
Signature ,' tc Address 1221 Brickell Avenue
Name
Adrienne F. Pardo
Telephone 305-579-0683 Date
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Miami, FL 33131
February 7, 2005
The foregoing instrument was acknowledged before me this w' g day of
2005, by Adrienne F. Pardo
who is a(n) individual/partner/agent/corporation of Greenberg Trauric on behalf of Vista
Biscayne LLC 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)
c::c eus.
MAR L R. GONZALE,
ate; ARY P UBUC STATE OF f.oRiDA
COMMISSION NO. OD1= 2
COMMISSION EXP. SEPT 17,2Ey
Rev. 12-14-04 4
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DEPARTMENT OF HEARING BOARDS
444 SW 2nd Avenue, 7t" Floor • Miami, Florida 33130
Telephone 305-416-2030 * Fax 305-416-2035
PUBLIC HEARING APPLICATION FOR A
VARIANCE
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.
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 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
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. 05-14-04
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A variance is a relaxation of the terms of the Zoning Ordinance where such action will not be
contrary to the public interest and where owing to conditions peculiar to the property and not the
result of actions of the applicant, a literal enforcement of this Ordinance would result in
unnecessary and undue hardship on the property. As used in the Zoning Ordinance, a Variance
is authorized only for height, area, size of structure, dimensions of yards, other open spaces,
off-street parking and/or loading requirements (see Article 19 of the Zoning Ordinance).
1, Adrienne F. Pardo, on behalf of Vista Biscayne, LLC ., hereby apply to
the City of Miami Zoning Board for approval of a variance from the terms of the Zoning
Ordinance of the City of Miami, affecting the property located at Approximately 452 NE
29th Street, 446 NE 29th Street and 436 NE 29th Street, all in Miami, Florida
. 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. Three (3) sets of original plans: two (2) 11x17" and one (1) 24x36", 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'/ x 11" copy of the plans after signature from the above departments.
5. At least two photographs that show the entire properly (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. 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.}
No
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 (3`d Floor) at 305-416-1400 for information.} No
12. What is the acreage of the project/property site? Approximately 0.41 acres j
Rev. 05-14-04 2
13. What is the purpose of this application/nature of proposed use? Front setback variance.
14. 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.
15. Other (specify and attach documents explaining why any information you are attaching is
pertinent to this application).
16. The Variance request is for relief from the provisions of Section 401 of the City of
Miami Zoning Ordinance as follows.
17. In support of the application, the applicant is prepared to offer the following evidence, on
the point enumerated at Section 1903 of the City of Miami Zoning Ordinance. Note: This
application cannot be accepted for Zoning Board action unless all of the following six items
are completed. Please list evidence to be produced and use additional sheets, if necessary.
(a) Special conditions and circumstances exist which are peculiar to the land, structure,
or building involved and which are not applicable to other lands, structures, or
buildings in the same zoning district in that:
The configuration of the land is existing and the incorporation of urban design
guidelines is a strong requirement of the City's Planning Staff.
(b) The special conditions and circumstances do not result from the actions of the
petitioner in that:
The City has requested a liner for the garage and the liner is approximately 15
feet in depth.
(c) Literal interpretation of the provisions of the Zoning Ordinance would deprive the
applicant of rights commonly enjoyed by other properties in the same zoning district
under the terms of the Zoning Ordinance and would work unnecessary and undue
hardships on the petitioner in that:
In applying urban design to this site, it would not allow applicant to build
under the terms of the Zoning District. By installing the requested residential
use liner, the building will provide a better urban design for the public and the
surrounding area.
(d) Granting the variance requested will not confer on the petitioner that special privilege
that is denied by the Zoning Ordinance to other lands, buildings, or structures in the
same zoning district in that:
The surrounding buildings in the district do not conform to these standards
and therefore a special privilege is not granted to the petitioner.
(e) The Variance, if granted, is the minimum variance that will make possible the
reasonable use of the land, building or structure in that:
This is the minimum variance required in order to design a structure that will
provide the linear requested.
Rev. 05-14-04 3
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(f)
The grant of the variance will be in harmony with the general intent and purpose of
the Zoning Ordinance, and will not be injurious to the neighborhood, or otherwise
detrimental to the public welfare in that:
The granting of this variance will be in harmony with the general intent and
purpose of the Zoning Ordinance and will not be injurious to the area.
18. Cost of processing according to Section 62-156 of the City Code:
CS, PR, R-1, R-2, (single-family and duplex residential uses) $ 250.00
Piers, docks, wharves and the like, for each variance from the
ordinance, per lineal foot $ 45.00
Minimum $ 700.00
All applications for variances relating to the same structure shall
be assessed a single fee to be calculated per square foot of gross
floor area of the proposed structure or addition, based upon the
definition of gross floor area found in Section 2502 of Zoning
Ordinance, as amended $ .10
Minimum $ 650.00
Application for variance as a result of a change in approved plans or as a result
of a violation notice shall be charged an additional fee, per variance:
CS, PR, R-1, R-2 $ 250.00
All other residential districts $ 450.00
All nonresidential districts $ 550.00
Extension of time for variance $ 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 items 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 by the applicant or from a property owner
within five hundred (500) feet of the subject property.
Signature Address 1221 Brickell Avenue
Name Adrienne F. Pardo Miami, FL 33131
Telephone 305-579-0683 Date February 7, 2005
Rev. 05-14-04
4
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STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
2005, by _ Adrienne F. Pardo
who is a(n) individual/partner/agent/corporation of Greenberg Traurio on behalf of Vista
Biscayne LLC a(n) individual/partnership/corporation, He/She is personally known to
me or who hasproduced �___.. _ .__-. as identification and _.. (
� who d�d:id not)
take an oath.
(Stamp)
OF CJA,NOTARYs
` RE) R GONZALEZ
NOTARY A! ; I'I_IEJL2C STATE OF FLORID.
$e COMMISSION NCI DD. I48882
co fssioN_EXP, SEPT 172006
Rev. 05-14-04 5
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AFFIDAVIT
Before me, the undersigned authority, this day personally appeared Adrienne F.
Pardo, 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, Et 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
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.
Adrienne F. Pardo
Applicant Name Applicant Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
.ire foregoing instrument was acknowledged before me this day of
20 by Adrienne F. Pardo
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.
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(Stamp)
Rev. 12-14-04
Signature
,r 1, R GONZALr2
,e:taE°r'JBLCs:A EOFFLORA
CUMMIS5sON NO, D I4&S82
5 YCOM •SIONEXP. s ff17
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DISCLOSURE OF OWNERSHIP
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(es) Vista Biscayne, LLC
Subject Property Address(es) Approximately 452 NE 29th Street, 446 NE 29th
Street and 436 NE 29th Street, all in Miami, Florida; See attached Exhibit "A"
Telephone Number (954) 693-9900
Nelson Fernandez - 32.40%
Alberto Fernandez - 32.40%
Alberto Gil 16.20%
Dennis Boyer - 19%
2. Street address and legal description of any property:
(a) Owned by any party listed in answer to question #1; and
(b) Located within 500 feet of the subject property.
(Please supply additional lists, as applicable.)
Street Address Legal Description
None
Adrienne F. Pardo
Owner or Attorney for Owner Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
L
t it. q .A.�
Owner or Attorney for Owner Signature
The foregoing instrument was acknowledged before me this f day of
2005, by Adrienne F. Pardo
who is a(n) individual/partner/agent/corporation of Greenberg Traurig on behalf of Vista
Biscayne LLC a(n) individual/partnership/corporation. He/She is personal! known to me
or who has produced as identification an: who
did not)
take an oath.
(Stamp) Signature
Rev. 12-14-04 6
OFflCs. L AkY S
MARISOL R GONZALEZ
NOTARY PUBLIC ATE OF FLORIDA
COMMWS N NO. DD2 7
MYCOMMISSION EXP. SE T172YY,
t
Exhibit "A"
Legal Description:
The West 17o feet of Lot 1, Block 14, of AMENDED PLAT
BLOCKS 13 & 14 BROADMOOR, according to the plat
thereof as recorded in Plat Book 2, Page 58, of the Public
Records of Miami -Dade County, Florida.