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HomeMy WebLinkAboutOLD Sp Ex Application & Supp DocsDEPARTMENT 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 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. 09/29/03 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. I, GILBERTO PASTORIZA, on behalf of Century Homebuilders of South Florida LLC hereby apply to the City of Miami Zoning Board for approval of a special exception for the property located at 850 LeJeune Road, Miami, Florida, folio number 01-3132-000-0010 and 0011. 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 8th Floor, Zoning on the 4th Floor and Planning on the 3`d Floor, prior to submittal of application. 4. An 8 1/2 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 clear and legible copy of the subject property's legal description on a separate sheet of paper. Rev. 09/29/03 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.) 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.) NO 12. What is the acreage of the project/property site? 4.3322 net acres 13. What is the purpose of this application/nature of proposed use? Allow multi -family residential in the C-2 zoning district. 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). See MUSP 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 appl° .. i re is no appea • •m the applicant or a property owner within five hun S Name Telephone 305-854-0800 STATE OF FLORIDA COUNTY OF MIAMI-DADE dress 2665 S. Bayshore Dr. Suite 420 Miami, Florida 33133 Date 04-05-04 The foregoing instrument was acknowledged before me this C 20o1 by 9 \ \ Va-o 62e,, ;+ma- , &-- individual/partner/agent/corporation of a(n) individual/partnership/corporation. e/She is personally known tom9r who has produced as ration and who did (did not) take an oath. day of who is a(n) (Stamp) `signature it.91% ° My melon DD1939 2 ar�►4` Virus ► i h 12. Zo? Rev. 09/29/03 3 AFFIDAVIT Before me, the undersigned authority, this day personally appeared GILBERTO PASTORIZA, ESQ. , who being by me first deposes and says: 1. That he 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, eluding 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. GILBERTO PASTORIZA, ESQ. Applicant Name Applicant Signet STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 6 day of 2(b_y, by & I 1 0 et-. F . 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. who is a(n) (Stamp) Signature ,ijor pct.,. Deborah E. Satiro My commis, aai Merl 1 Rev. 09129/03 4 DISCLOSURE OF OWNERSHIP 1. Street address and legal description of subject property: 850 LeJeune Road, Miami, Florida. See attached Exhibit "A" for legal description. 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 CENTURY HOMEBUILDERS OF SOUTH FLORIDA, INC. Mailing Address c/o Gilberto Pastoriza, Esq., 2665 S. Bayshore Dr., Suite 420, Miami, Florida Zip Code 33133 Telephone Number 305-854-0800 Sergio Pino owns 100% of the company. Mr. Pino's address is do Gilberto Pastoriza, Esq., 2665 S. Bayshore Dr., Suite 420, Miami, Florida 33133. 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 Legal Description N/A GILBERTO PASTORIZA, ESQ. Attorney for Owner Name Attorney for Owner Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 20 by Gf1� z� individual/partner/agent/corporation of a{n} individual/partnership/corporation He/She is personally known to mr who has produced as ake an oath. day of rr I wi-o is a(n) .7/ " `1'/: (Stamp) Signature It DeborahE. My conwr ission DOM= Rev. 09f29/03 5 Expires March 12, 2007 Exhibit "A" To Disclosure of Ownership Legal Description 850 N.W. LeJeune Road (N.W. 42°d Avenue), Miami, Florida Folio No.: 01-3132-000-0010 A portion of the S.W. 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 N.W. 7th Street, and N.W. 43rd Avenue, said point of intersection being also the S.W. comer of the East 1/2 of the S.E. 1/4 of the S.W. 1/4 of said Section 32, and run N. 0°46'59" W along the west line of the E 1/2 of the S.E. 1/4 of the S.W. 1/4 of said section 32 (said line being also the aforementioned centerline of N.W. 43rd Ave.) for 675.53 feet; thence proceed N. 89°36'41" E. along the North line of the S.E. 1/4 of the S.E. 1/4 of the S.W. 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 S.E. 1/4 of the S.E. 1/4 of the S.W. 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 S.E. 1/4 of the S.E. 1/4 of the S.W. 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 S.E. 1/4 of the S.E. 1/4 of the S.W. 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 S.E. 1/4 of the S.W. 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. -AND- 865 N.W. 43rd Avenue, Miami, Florida Folio No.: 01-3132-000-0011 The North 1/2 of the S.E. 1/4 of the S.E. 1/4 of the S.W. 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 42nd Avenue right-of-way, and less the West 25.0 feet for Northwest 43rd Avenue right-of-way. 07/06/04 TUE 14:36 FAX 305 854 2323 111111111111111111111111111111111111111111111 CFN 2QO4RC172563 OR B 22124 P9S 3744 - 3745; (toss RECORDED 03/16/2004 15159105 DEED DOC TAX 50, 400.00 SURTAX 37,800.00 HARVEY RIJVIHe CLERK OF COURT fllAfI-DADS COUNTY'. FLORIDA Warranty Deed THIS WARRANTY DEED is made by Benipaula N.V., an Aruba corporation ("Grantor') whose address is 9675 NW 12 Street, Miami, Florida 33172, to Century Honrebuildera of South Florida, LLC, a Florida limited liability company ("Grantee") whose address is 7270 N.W. 12th Street, Suite 410, Miami, Florida 33126. For valuable consideration paid. to Grantor by Grantee the receipt and sufficiency of which is hereby acknowledged, Grantor hereby grants, bargains, sells and conveys to Grantee and Grantee's successors and assigns forever, the land described in Exhibit "A" hereto (the "Propyrty") Thin conveyance is subject to real property taxes for the year 2004 and subsequent years and agreements, conditions and restrictions of record which are not reimposed by this deed. Grantor hereby fully warrants the title to the Property and will defend it against the lawful claims of all persoI • - •msoever. 4,011, Witn +" Print Olif f Print erne: Toe A. a GA ri STATE OF FLORIDA ) COUNTY Op' MAW-DADE) Acknowledged before me this (gyp#day of March, 2004 by Serer' Garcia, as manager of lenipaula, N.V. He is personally known to me or .. used a , orida�ciriv jicense as identification. Prepared by: Jose A. Bolanos, Esq. 2121 Ponce de Leon Blvd., Suite 600 Coral Gables, Florida 33134 Phone (305) 567-0424 s:lchrntslaea;pauLAWazrarayDerai.dc 6i4:63 Print ; e: -tE A. 13oc.AN0.3 NOT Y PUBLIC, STATE OF FLORIDA C • e on No./Exp.: Page 1 of 2 Jong AWon DOOM Nara" balms AO 1? 21,06 Book22124/Page3744 Page 1 of 2 1R SK 22124 PG 3745 LAST PACE Exhibit "A" Legal Description to Warranty Deed froorBenipaula N.V. to Century Eomebuilders 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 dWances being measured along the North and West lines thereof, and less the South 11.70 fret, and less the East 50.0 feet for Northwest 42°' Avenue right-of-way, and less the West 25.0 feet for Northwest 43n° 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 So utb, Range 41 East, Miami -Dade County, Florida, being more particularly described as follows: COMMENCE at the intersection of the centerlines of NW 76 Street and NW 43° Avenue, said point of intersection being also the SW corner of the East 112 of the SE 114 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 oldie 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 Moe 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°36141" 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 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 mot, thence S 89°36'41" W 200 feet Souls 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 Eatt of and parallel with the West litre 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 1.1). No.: 01-3132-000-0011 Page 2 of 2 Book22124/Page3745 Page 2 of 2