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Home My WebLink AboutOLD MUSP ApplicationWEISS SEROTA HELFMAN PASTORIZA GUEDES COLE & BONISKE, P.A. MITCHELL A. BIERMAN NINA L. BONISKE MITCHELL J. BURNSTEIN JAMIE ALAN COLE EDWARD G. GUEDES STEPHEN J. HELFMAN JOHN R. HERIN, JR. HARRIET R. LEWIS GILBERTO PASTORIZA GARY I. RESNICK JOSEPH H. SEROTA NANCY E. STROUD RICHARD JAY WEkSS DAVID M. WOLPIN STEVEN W. ZELKOWITZ LILLIAN ARANGO DE LA HOZ* ALISON S. BIELER MICHELLE BUCKALEW ELAINE M. COHEN ATTORNEYS AT LAW MIAMI-DAOE OFFICE 2665 SOUTH BAYSHORE DRIVE SUITE 420 MIAMI, FLORI0A 33133 TELEPHONE 305-854-0800 TELECOPIER 305-654-2323 WWW.WSH-LAW.COM BROWARD OFFICE .3107 STIRL{NG ROAD • SUITE 300 FORT LAUDERDALE, FLORIDA . 3312 TELEPHONE 954-763-4242 • TELECOPIER 954-764-7770 VIA HAND DELIVERY *OF COUNSEL Ms. Lourdes Slazyk City of Miami Department of Planning & Development 444 S.W. 2nd Avenue, 3rd Floor Miami, Florida 33130 Re: Request for Phased Project Dear Ms, Slazyk: February 5, 2004 VIVIAN DE LAS CUEVAS-01AZ STEPHANIE DEUTSCH* JENNIFER A. GOLDBERG DOUGLAS R. GONZALES TARA L. GOULD CHRISTOPHER F. KURTZ PETER A. L€CHTMAN KAREN LIESERMAN* MATTHEW H. MANDEL BERNARD S. HANDLER* MICHAEL J. MARRERO ALEXANDER L. PALENZUELA-MAUR€ MICHAEL 5. POPOK* ANTHONY L. RECIO SCOTT A. ROBIN GALL D. SEROTA* JEFFREY P. SHEFFEL JOSE 5. TALAVERA SUSAN L. TREVARTHEN* JAMES E. WHITE Our firm represents Century Homebuilders of South Florida LLC ("Century"). Century is the owner of the property which is the subject of an application for Major Use Special Permit which accompanies this request. The following information is provided in support of this request. Section 2502 of the City's Zoning Ordinance 11000 defines phase project as follows: "A phased project is one which, due to its magnitude, has to be developed in stages. Such project shall contain a minimum of three (3) acres of land. Any project which meets such requisite shall establish the maximum development capacity for the subject property. At the time of the qualification by the director of the planning, building and zoning department, as required below, such projects shall be owned by a single entity or subsidiaries of one (1) entity and may occupy contiguous lands, separated only by streets or alleys, and will be considered as one (1) project for the purpose of calculating all zoning requirements. Individual phases of such projects which reach the MUSP thresholds as established in article 17, shall also comply with all the conditions contained in section 1701(11). Ms. Lourdes Slazyk April 6, 2004 Page 2 A phased project must be qualified by the director of the planning, building and zoning department, at the written request of the property owner(s). The recipient of this qualification shall be responsible for the distribution of development rights within the boundaries of the subject property, subject to the limitations of this Zoning Ordinance." The property in question is described in the attached Exhibit "A" (the "Property") and consists of approximately 4.33 net acres. The Property is located on the west side of LeJeune Road, north of 7th Street. The proposed mixed -use project (the "Project") consists of five residential buildings providing 400 dwelling units, approximately 8,600 square feet of ground level retail and 809 underground parking spaces. The Applicants intend to develop the Project in phases. The project will be developed as one unified site in multiple phases of development. Depending on market conditions, the first phase of the Project will consist of the underground parking and one or more buildings commencing with the building closest to LeJeune Road and working westerly. Besides being contiguous to each other, the various phases: a. Will be treated as one site with a consistent streetscape and similar landscaping throughout; and b. Will be interconnected by internal walkways, parking and loading facilities. We believe that for the reasons stated in this letter, the Project meets the City's requirements for a phased project and accordingly request that you approve the Project as a phased project. We look forward to your approval of this request. Please do not hesitate to call me if you have any questions or require additional information. Very truly yours, Gilberto Pastoriza GP/ms 894.003 Attachment cc: Mateo Sanchez Mario Fernandez, Sr_ Mario Fernandez, Jr. WEISS SEROTA HELFMAN PASTORJZA GIJEDES COLE & BONISKE, P.A. 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. f, GILBERTO PASTORIZA, ESQ., on behalf of Century Homebuilders of South Florida, LLC 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: 850 LeJeune Road, Miami, Florida 1. Two (2) original surveys prepared by a State of Florida registered land surveyor within six (6) months from the date of 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, 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 41h Floor and Planning on the 3`d Floor, prior to submittal of application. 4. An 8 % 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 (see pages 5 and 6). 6. Certified list of owners of real estate within a 500-feet radius from the outside boundary of property (see pages 7 and 8). 7. At least two photographs that show the entire property (land and improvements). 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. 9. A clear and legible copy of the subject property's legal description on a separate sheet of paper. 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. 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? 4.3322 net acres 18. What is the purpose of this application/nature of proposed use? Mixed use development consisting of 400 residential units, 8,600 square feet of retail and 809 underground parking spaces Rev. 09/29/03 3 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. 206,1 by (s individual/partner/agent/corporation of a(n) individual/partnership/corporation, r who has produced as identification and who did (did not) take an oath. 20. Other (specify and attach cover letter explaining why any document you are attaching is pertinent to this application). See attached application package 21. Cost of processing according to the City Code: a) $ 20,988.15 , for the Major Use Special Permit. b) Additional fee of $ 0 , for any required special permits, changes of zoning or variances. c) Traffic Study and Advertising: $ $6,000 c) Total Fee: $ 27 488.18 Signature Name Telephone 305-854-0800 STATE OF FLORIDA COUNTY OF MIAMI-DADE Ad\i1ress 2665 S. Bayshore Dr., Ste 420 Miami, Florida 33133 Date 04-05-04 The foregoing instrument was acknowledged before me this �' day of who is a(n) t 3 (Stamp) Signature gywY r Deborah E. sr o Mty Commisajon DD1 �'`t2. E area March'12, 2007 Rev. 09/29/03 4 Exhibit "A" Legal Description to Warranty Deed from Benipanla N.V. to Century I-Iomebuilders of South Florida, LLC The North 1/2 of the SE 1/4 of the SE 1/4 of the SW 1/4 of Section 32, Township 53 South, Range 41 East, Miami -Dade County, Florida, less the North 200.0 feet of the West 325.0 feet, said distances being measured along the North and West lines thereof, and less the South 11.70 feet, and less the East 50.0 feet for Northwest 42" Avenue right-of-way, and less the West 25.0 feet for Northwest 43' Avenue right-of-way. Property Appraiser's Parcel I.D. No.: 01-3132-000-0010 -AND- A portion of the SW 1/4 of Section 32, Township 53 South, Range 41 East, Miami -Dade County, Florida, being more particularly described as follows: COMMENCE at the intersection of the centerlines of NW 7`'' Street and NW 43" Avenue, said point of intersection being also the SW corner of the East 1/2 of the SE 1/4 of the SW 1/4 of said Section 32, and run N 0°46'59" W along the west line of the E 1/2 of the SE 1/4 of the SW 1/4 of said Section 32 (said line being also the aforementioned centerline of NW 43" Ave) for 675.53 feet; thence proceed N 89°36'41" E along the North line of the SE 1/4 of the SE 1/4 of the SW 1 /4 of said Section 32 for 25 feet to a concrete monument, being the point of beginning, thence continue N 89°36'41" E along the North line of the SE 1/4 of the SE 114 of the SW 1/4 of said Section 32 for 300 feet to a concrete monument, thence run S 0°46'59" E parallel with the West line of the SE 1/4 of the SE 1/4 of the SW 1/4 of said Section 32 for 200 feet to a concrete monument, thence S 89°36'41" W 200 feet South of and parallel with the North line of the SE 1/4 of the SE 1/4 of the SW 1/4 of said Section 32 for 300 feet to a concrete monument; thence N 0°46'59" W along a line 25 feet East of and parallel with the West line of the E 1/2 of the SE 1/4 of the SW 1/4 of said Section 32 for 200 feet to the point of beginning, said parcel lying and being in the City of Miami, Miami -Dade County, Florida. Bearings are based on an assumed meridian, Property Appraiser's Parcel I.D. No.: 01-3132-000-0011 Pape 2of2