HomeMy WebLinkAboutMajor Use Special Permit Application•
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HEARING BOARDS
444 SW 2nd Avenue, 7' Floor • Miami, Florida 33130
Telephone 305-416-2030 • Fax 305-416-2035
www.ci.miami.fl.us
PUBLIC HEARING APPLICATION FOR A
MAJOR USE SPECIAL PERMIT
Welcome to Hearing Boards! This application is for your reference and is intended to
serve as a guide in acquainting you with our public hearing process. By any means, please
feel free to contact us 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. Copies of lobbyist documentation with proof of payment must be
submitted.
The responses to this 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, a paid receipt must be submitted before the
deadline. Upon submittal, this application must be accompanied with a signed and
current Zoning Referral and the subject property must not have any open code
enforcement/lien violations.
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
signed 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. 04-15-05
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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, Lucia A. Dougherty on behalf of BHG-79th St.LLC, Lessee and Lubins Development Corp.,
owner , 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: approx. 234-42 NE 79 Street, 7827
NE 2nd Avenue, 7823 NE 2nd Avenue, 7815 NE 2nd Avenue, 7811 NE 2nd Avenue and
7831 NE 2nd Avenue.
1. One (1) original survey prepared by a State of Florida registered land surveyor within six (6)
months from the date of application.
2. One (1) original 24x36" plan, 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. Plan needs 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 3rd Floor, prior to submittal.
Note: Plans are to be submitted to Zoning for review by appointment only 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. After obtaining signatures from the above departments, one (1) 8 '/2 x 11" copies of the
original plan.
5. At least one aerial photograph with a 3-D image of the project to scale and at least two
photographs that show the entire property (land and improvements).
Rev. 04-15-05
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.
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7. A clear and legible copy of the subject property address and legal description on a separate
sheet of paper, labeled as "Exhibit A".
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. A signed Traffic Sufficiency Letter from the City of Miami's traffic consultant.
11. Maps showing the existing zoning designation and the adopted comprehensive plan
designation for areas on and around the property.
12. 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,
13. 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.
14. Developmental Impact Study (an application for development approval for a Development
of Regional Impact may substitute).
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 Department (3rd Floor) 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 Department (3rd Floor) at 305-416-1400 for information.} No
17. What is the acreage of the project/property site? Approx. 2.42 acres
Rev. 04-15-05
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18. What is the purpose of this application/nature of proposed use? Approval of Major
Use Special Permit per Articles 5 and 17 for 315 elderly residential units, and 232 parking
spaces.
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 and will be kept as part
of the record.
20. Other (Specify and attach cover letter explaining why any document you are attaching is
pertinent to this application).
21. Twenty-two (22) "Major Use Special Permit" books containing the above information. If this
project includes a variance or special exception, a total of thirty-two (32) books are required.
22. 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.
23. Cost of processing according to the City Code:
a) $ 30,000 , for the Major Use Special Permit.
b) Additional fee of $ -0- , for any required special permits, changes of
zoning or variances.
c) Total Fee: $ 31,892
Surcharge $1,150
Mailing $742 (106 labels x $7.00)
Signature , y Address 1221 Brickell Avenue
Name Lucia A. Dougherty
Telephone 305-579-0603
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Date
Miami, Florida 33131
The foregoing instrument was acknowledged before me this day of
21:0 by Lucia A. Dougherty
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 an)who did (did not) take an oath.
• (Stamp)
Notary Public State of Florida
Leyia M Lucas
My Commission 00448676
Expires 09i24/2009
Ul
Signtature
I r
4,1
Rev. 04-15-05
AFFIDAVIT
Before me, the undersigned authority, this day personally appeared Lucia A.
Dougherty , who being by me first deposes and says:
9. 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, 0 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.
Lucia A. Dougherty
Applicant Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Applicant Signature
The foregoing instrument was acknowledged before me this;; day of \,i()
20,E by Lucia A. Douqherty vho — is , a(n)
individual/partner/agent/corporation of
a(n) individual/partnership/corporation. He/She
produced as identification a
(Stamp)
Rev. 04-15-05
igre
ersonally known to me' or who has
jet (did riot] talon oath.
Notary Public State of Florida
Lev « M Lucas
My Commission D0448676
Expires }9/24i2009
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DISCLOSURE OF OWNERSHIP
FOR LESSEE
1. 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) BHG-79th St., LLC
Subject Property Address(es) approx. 234-42 NE 79 Street, 7827 NE 2` d Avenue,
7823 NE 2"d Avenue, 7815 NE 2nd Avenue, 7811 NE 2nd Avenue and 7831 NE 2nd
Avenue See Attached Exhibit "A"
Telephone Number
See attached Exhibit "B"
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
Lucia A. Dougherty
Owner or Attorney for Owner Name Owner or Attorney for Owner Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this ,`` day of-it/P-
ak), b y Lucia A. Dougherty
individual/partner/agent/corporation of
a(n) individual/partnership/corporation. He/Sh is personally knawrr'to me or who has
produced as identificatio
is a(n)
6did (did not) take an oath.
(Stamp) Signat ire
Rev. 04-15-05
No,ar{ Public State of Florida
Leyla M Lucas
My Commission D0448678
Expires 09/2412009
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DISCLOSURE OF OWNERSHIP
l . 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) Lubin's Development Cor oration 100% owner of Pro ert Below
Lubin's Development Corporation (owned 50% by .Michel Lubin and 50% by Esther Saint
Preux)
Subject Property Address(es) 234-42 NE 79 Street, 7827 NE 2" Avenue. 7823 NE 2"d Ave, 7815
NE 2nd Avenue, 7811 NE 2" d Avenue and 7831 NE 2"d Avenue, Miami, Florida
Telephone Number 786-277-6133
2. Street address and legal description of any property:
(a) Owned by any party listed in answer to question g1; and
(b) Located within 500 feet of the subject property.
(Please supply additional lists, as applicable.)
Street Address
Owner' s Attorney for Owner Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Legal Description
Owner or Attorney for Owner Signature
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The foregoing instrument was acknowled ed before me this -Z.( day of 6-'a'
y Xi,.
20I * C. .+ l• brr-N c Pekes. e p who is a(n)
individua/partner/agent/corporatio n of Lu(rrNs• 01 .' a(n)
individual/ artnerMcor oratii. He/She is ersonall known to me or who has produced
as identification and who did (did not) take an oath.
(Stamp)
Signature
€FFCIAL NOTARY SEAL
ELL IOTT RARRi9
.C"),,AMISSION NUMBER
D0150122
y € MISS*Cfli EXPIRES
6'i 21 200
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EXHIBIT "A"
LEGAL DESCRIPTION
PER (Q R. 8. 158.37, PG. 715 -D.C.R.)
PARCEL A (FOLIO NO. 01-3207-067-0010) 234-242 N.E. 79th STREET
THE FOLLOWING -DESCRIBED PROPERTY ALL OF WHICH IS LOCATED WHOLLY WITHIN THE
SOUTHWEST 1/4 OF SECTION 7, TOWNSHIP 53 SOUTH, RANGE 42 EAST:
A. BEGIN 331 FEET EAST AND 35 FEET SOUTH OF THE NORTHEAST CORNER OF THE SOUTHWEST
1/4 OF SECTION 7-53-42; THENCE SOUTH 136 FEET; THENCE EAST 45 FEET; THENCE NORTH
136 FEET; THENCE WEST 45 FEET TO THE POINT OF BEGINNING.
B. BEGIN 171 FEET SOUTH AND 183 FEET EAST OF THE NORTHWEST CORNER OF THE SOUTHWEST
1/4, SECTION 7-53-42 FOR POINT OF BEGINNING; THENCE SOUTH 104 FEET; THENCE EAST 232.8
FEET; THENCE NORTH 104 FEET; THENCE WEST 232.8 FEET TO THE POINT OF BEGINNING.
C. LOTS 2 AND 3 OF JOHN M. HUNTERS ADDITION OF LITTLE RIVER GARDENS, PLAT BOOK 7,
PAGE 13.
D. BEGIN AT THE NORTHWEST CORNER OF LOT 3 OF JOHN M. HUNTERS ADDITION OF LITTLE
RIVER GARDENS (7-13); THENCE EAST ALONG THE NORTHERN BOUNDARY OF SAID SUBDIWSION
OF THE NORTHEAST CORNER OF LOT 2 OF SAID SUBDIVISION; THENCE NORTH .55 FEET; THENCE
WEST TO A POINT DIRECTLY NORTH OF THE NORTHWEST CORNER OF SAID LOT 3 OF SAID
SUBDIVISION; THENCE SOUTH .55 FEET TO THE POINT OF BEGINNING.
E. BEGIN 231 FEET EAST FROM 17-IE NORTHWEST CORNER OF THE NORTHWEST 1/4 OF THE
SOUTHWEST 1/4 OF SECTION 7-53-42; THENCE RUN SOUTH DIRECTLY ACROSS EVERGLADES
AVENUE, NO KNOWN AS NORTHEAST 79 STREET, 35 FEET TO A POINT OF BEGINNING THENCE
EAST ALONG THE SOUTH LINE OF EVERGLADES AVENUE A DISTANCE OF 100 FEET TO A POINT;
THENCE SOUTH 136 FEET TO A POINT THENCE WEST 100 FEET TO A POINT;; THENCE NORTH 136
FEET TO A POINT OF BEGINNING.
F. ALL OF THE 1 FOOT STRIP OF LAND DESCRIBED AS LOT 8, A SHOWN ON THE PLAT OF
BLOCKS 1 AND 2, LITTLE RIVER GARDENS BOOK 4, PAGE 188.
THE ABOVE DESCRIPTION WAS FORMERLY KNOWN AS "ALL OF FRANK J. PEPPER PLAT, ACCORDING
TO 77-IE PLAT DADE COUNTY, FLORIDA ANDO ADCENT
IN
RIGHT-OF-WAY K 87, AT PAGE 4 DEDICATEDOFB YTHE AFOREMENTIONEDE PUBLIC RECORDS NED
PLAT" SAID PLAT HAS BEEN EXPUNGED.
PARCEL. 8 (FOLIO NO. 01207-047-0010 7811 N.E. 2nd AVENUE
LOTS 4, 5, 6 AND 7 OF AMENDED MAP OF PORTIONS OF JOHN M. HUNTER'S ADDITION TO LITTLE
RIVER GARDENS ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 43 A T PAGE 2 OF
THE PUOL1C RECORDS OF DADE COUNTY, FLORIDA.
PER (O. R. B. 16904, PG. 3126 -D.C.R.)
(FOLIO NO, 01-3207-000-0380) 7815 N.E. 2nd AVENUE
ALL THAT CERTAIN PIECE, PARCEL OR LOT OF LAND, SITUATE IN THE COUNTY OF DADE, STATE
OF FLORIDA IN THE NW-1/4 OF THE NW-1/4 OF THE SW-1/4 OF SECTION 7, TOWNSHIP 53
SOUTH, RANGE 42 EAST, PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 225 FEET SOUTH OF THE NORTHWEST CORNER OF THE NORTH 1/2 OF THE
NORTH 1/2 OF THE SW-1/4 OF SECTION 7, TOWNSHIP 53 SOUTH, RANGE 42 EAST; THENCE RUN
SOUTH ON THE SECTION LINE A DISTANCE OF 50 FEET; THENCE RUN EAST 183 FEET; THENCE
RUN NORTH PARALLEL WITH AFORESAID SECTION LINE 50 FEET; THENCE RUN WEST PARALLEL
WITH THE SOUTH BOUNDARY LINE OF SAID SECTION; 183 FEET TO THE POINT OF BEGINNING, LESS
THE WEST 33 FEET THEREOF CONVEYED FOR HIGHWAY PURPOSES.
CONTAINING 7501 SQUARE FEET OR 0.1722 ACRES, MORE OR LESS.
PER (O.R.B. 16007, PG, 4157 -D.C.R.)
(FOLIO N0. 01-3207-000-0350) 7823 N.E. 2nd AVENUE
BEGINNING AT A POINT 197 FEET SOUTH OF THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF
SECTION 7, TOWNSHIP 53 SOUTH, RANGE 42 EAST, THENCE RUN SOUTHERLY ON THE SECTION
LINE A DISTANCE OF 28 FEET T A POINT, THENCE RUN EASTERLY A DISTANCE OF 183 FEET TO A
POINT; Il-INCE RUN NORTHERL Y A DISTANCE OF 28 FEET TO A POINT; THENCE RUN WESTERLY A
DISTANCE OF 183 FEET TO A POINT OF BEGINNING. LESS THE WEST 35 FEET THEREOF, WHICH
HAS HERETOFORE BEEN DEDICATED TO STREET PURPOSES.
PER (0. R. B. 17020, PG. 3173 -D.C.R. )
(FOLIO NO. 01-3207- 000- 0330) 7831 N.E. 2nd AVENUE
BEGINNING AT A POINT 65' SOUTH OF THE NORTHWEST CORNER OF THE SW 1/4 OF SECTION 7,
TOWNSHIP 53 SOUTH, RANGE 42 EAST, AND RUN EAST 35' FOR THE POINT OF BEGINNING;
THENCE RUN EAST 86' PARALLEL WITH THE NORTH LINE OF SAID SW 1/4; THENCE RUN SOUTH
50' PARALLEL WITH THE WEST LINE OF SAID SW 1/4; THENCE RUN EAST 50' PARALLEL WITH THE
NORTH LINE OF SAID SW 1/4; THENCE RUN SOUTH 50' PARALLEL WITH THE WEST LINE OF SAID
SW 1/4; THENCE RUN SOUTH 50' PARALLEL WITH THE WEST LINE OF SAID SW 1/4; THENCE RUN
WEST 136' PARALLEL WITH THE NORTH LINE OF SAID SW 1/4; THENCE RUN NORTH 100' PARALLEL
WITH THE WEST LINE OF SAID SW 1/4 TO THE POINT OF BEGINNING.
*DOUBLE CALL -SHOULD 8E REMOVED.
PER (0. R.B. 15822, PG. 2310 -D.C.R.)
(FOL10 No. 01-3207-000-0360) 7827 N.E. 2nd AVENUE
BEGINNING AT A POINT 171 FEET SOUTH OF THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF
SECTION 7, TOWNSHIP 53 SOUTH, RANGE 42 EAST, THENCE RUN EAST 183 FEET, THENCE RUN
SOUTH 26 FEET THENCE RUN WEST 183 FEET, THENCE UN NORTH 26 FEET TO THE POINT OF
BEGINNING LESS THE WEST 33 FEET THEREOF, LYING AND BEING IN DADE COUNTY, FLORIDA,
ALL OF SAID LANDS SITUATE, LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA AND
CONTAINING 2.42 ACRES, MORE 0R LESS.
CERTIFICATIONS
CERTIFIED TO,
THE CARLISLE GROUP
SURVEYOR'S CERTIFICATE
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EXHIBIT B
Villa Patricia Phase I
Applicant Entity: BHG 79th St., LLC
Member (.01 %): MM 79, LLC
Member (50%): Biscayne Housing Group. LLC
Gonzalo DeRamon, Manager
Michael C. Cox
Directors/Shareholders: NA
Member (50%): TCG Villa Patricia, LLC
Member: Lloyd Boggio, Manager
Investor Member (99.99%): Lloyd J. Boggio &/or assigns
Co -Developer Entities: Carlisle Development Group, LLC
A Florida limited liability company
Members: Lloyd J. Boggio, Manager
Biscayne Housing Group, LLC
A Florida limited liability company
Members: Gonzalo DeRamon, Manager
Michael C. Cox
Directors/Shareholders: NA