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HomeMy WebLinkAboutApplication & Supporting DocsWEISS 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 HARRIET R. LEWIS GILBERTO PASTOR€ZA GARY I. RESNICK JOSEPH H. SEROTA NANCY E. STROUD RICHAR❑ JAY WEISS DAVID M. WOLPIN STEVEN W. ZELKOWITZ THOMAS J. ANSBRO• LILLIAN ARANGO DE LA HOZ* JAMES E. BAKER ALISON 5. BIELER MICHELLE BUCKALEW VIA HAND DELIVERY Ms. Teresita Fernandez City of Miami Hearing Boards 444 S.W. 2nd Avenue Miami, Florida 33131 ATTORNEYS AT LAW MIAME-OADE OFFICE 2665 SOUTH 8AYSHORE DRIVE SUITE 420 M1AMI, FLORIDA 33133 TELEPHONE 305-854-0800 TELECOPIER 305-854-2323 WWW.WS H-LAW. COM BROWARD OFFICE 3107 STIRLING ROAD • SUITE 300 FORT LAUDERDALE, FLORIDA 33312 TELEPHONE 954-763-4242 • TELECOPIER 954-764-7770 *OF COUNSEL October 7, 2004 Re: Application for Special Exception Dear Ms. Fernandez: ELAINE M. COHEN JORGE L. CRUZ-BUSTILLO VIVIAN DE LAS CUEVAS-DIAZ STEPHANIE DEUTSCHE DOUGLAS R. GONZALES TARA L. GOULD PETER A. LICHTMAN KAREN LIESERMAN• MATTHEW H. MANDEL MICHAEL J. MARRERO ALEXANDER L. PALENZU£LA-MAURI MICHAEL S. POPOK+ JOHN J. OUICK ANTHONY L. RECIO SCOTT A. ROSIN ANDREW E. RUSS GAIL 0. SEROTA* JEFFREY P. SHEFFEL JOSE 5. TALAVERA SUSAN L. TREVARTHEN' JAMES E. WHITE Our firm represents Railroad Park, Inc, the owner and PHG-Holdings, Inc. (the "Applicants") in connection with the captioned application. Railroad Park, Inc. owns the property legally described in the attached Exhibit "A" (the "Property"). The Property is zoned C-2 Liberal Commercial. The Applicants are seeking special exception approval to permit a 137-unit multifamily affordable housing project. Additionally, the Applicants are seeking approval pursuant to Section 917.6 of the Zoning Code to permit a 21 % reduction in parking requirements for an affordable housing project where the Zoning Code would pei snit up to a 50% reduction. The Applicants are seeking the parking reduction to keep the parking garage component of the project within the height limitation imposed by Section 907.3.2 for properties that abut R- 2. The requested reduction will result in 211 spaces where 267 would be required without the Special Exception. Ms. Teresita Fernandez October 7, 2004 Page 2 The Applicants are also seeking the parking reduction because its experience with comparable projects such as Pinnacle View and Rayos del Sol has shown that the full complement of required parking is not used by their respective residents and visitors. Pinnacle View, located at 225 NE 23rd Street, includes a garage with 350 spaces. Only 176 spaces are used on average however. In the Rayos del Sol project, only 220 of the 380 spaces are normally occupied at any given time. Because the present application seeks only to eliminate a full level of parking, should the need arise in the future for additional parking, additional partial levels could be constructed to accommodate the spaces. We look forward to your favorable review and recommendation of this request. Please call me if you have any questions or require additional information. Very truly yours, Tony Recio TR/ms Attachments cc: Michael Wohl 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 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 at the number above, should you have any questions. CITY OF MIAMI ORDINANCE NO. 11469, CODIFIED 1N 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 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, Tony Recio, Esq. on behalf of Railroad Park, Inc., the owner and PHG-Holdinqs, Inc., the contract purchaser, hereby apply to the City of Miami Zoning Board for approval of a special exception for the property located at 5600 NE 4tr, Avenue & 368 NE 57th Street, folio numbers 01-3113-065-0330 & 01-3113-065-0340 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. 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 4t, Floor and Planning on the 3`d Floor, prior to submittal of application. 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. 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 4 and 5). 9. Certified list of owners of real estate within a 500-foot radius from the outside boundary of property (see pages 6 and 7). Rev. 05-14-04 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 (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 (3rd Floor) at 305-416-1400 for information.} NO 12. What is the acreage of the project/property site? 1.06 acres 13. What is the purpose of this application/nature of proposed use? Multi -family residential 14. All documents, reports, studies, exhibits (8 '/A 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. 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 applicant if there is no appeal from the applicant or a property owner within five hundred (500) feet of the subject property. Signature Name Tony Recio, Esq. Telephone 305-854-0800 STATE OF FLORIDA COUNTY OF MIAMI-DADE Address 2665 S. Bayshore Dr., Ste. 420 Miami, Florida 33133 Date October 7, 2004 The foregoing instrument was acknowledged before me this day of 2004, by Tony Recio, Esq. who is a(n) individuallpartnerlagentLorporation of r . ‘ Y a(n) individuallpartnershiptcorption. ttelShe is personal known to me or who has produced as identification and who did (did n to) take an oath. (Stamp) Rev. 05-14-04 3 ec, MAi1N.YN bOMUL&VILIA MY COMMISSION # DD 222204 EXPIRES: September 13, 2007 �'' F Foeg" B nded Thru Mary $ vite$ AFFIDAVIT Before me, the undersigned authority, this day personally appeared - ;,e C`; ; fit . , who being by me first deposes and says: 1. That beishe is 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 Gilberto Pastoriza, Esq. to act in his/her behalf for the public hearing application as set out in the accompanying petition, ww including 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. Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was ackrwledged before me this ' day ofPbif 20 by a4 corporation, on behalf of the corporation. •She is personally known to me or has produced as identification and who did (did not) take an oath. e -, (Stamp) Karen Quadreny • My Commission DD180117 Expires January 26. 2007 I. DISCLOSURE OF OWNERSHIP Legal description and street address of subject real property: See attached Exhibit "A" 2. Owner(s) of subject real property and percentage of ownership. Note: The Code of the City of Miami 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, question #2 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. The following entity is the contract purchaser: PHG-Holdings, Inc. Michael D. Wohl 35% Louis Wolfson, III 35% Mitchell M. Friedman 15% David O. Deutch 15% 3. Legal description and street address of any real property (a) owned by any party listed in answer to question #2, and (b) located within 500 feet of the subject real property. None o Attorney for Contract Purchaser Name Attorney for Contract Purchaser Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 7 day of 2004, by Tony RecioLEsq. as attorney for PHG-Holdings, Inc., a Florida corporation, on behalf of the corporation. He/She is ers ally.. as identification and who did (did not) take an oath. (Stamp) o me or has produced Sign,. MARILYN soMODEVIIIA * MY COMMISSION IID0 222204 EXPIRES: September 13, 2007 r6. Barden: Thru 5;djet Natsry Services . DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: See attached Exhibit "A" 2. Owner(s) of subject real property and percentage of ownership. Note: The Code of the City of Miami 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, question #2 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. The property is owned by: Railroad Park, Inc. Martin Palm 50% Mark Soyka & Gabriele Soyka 50% 3. Legal description and street address of any real property (a) owned by any party listed in answer to question #2, and (b) located within 500 feet of the subject real property. See attached Exhibit "B" Attorney for Owner Name STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrum 20 Attorney for Owner Signature was acknowledged before me this 1 da of corporation, on behalf of the corporation. AejShe is persp ly Known to me or has produced as identification and who did (did not) take an oath. (Stamp) Signa t�Y COMMISSION 4 DD 222204 EXPIRES: September 13,2007 ✓ pE�L° Borusad Thru B_9oet Notary Services /0 EXHIBIT "A" Lots 1, 2, 3, 18, 19, 24 and 21, in Block 3, DIXIE HIGHWAY TRACT, according to the Plat thereof, as recorded in Plat Book 5, at Page 24, of the Public Records of Miami -Dade County, Florida. Properties owned by Marks Classics Corp Florida Railroad 57 Street are as follows (Mark N.E. Soyka i�1.E Classics Corp): rut10 Address Lot Size: Legal Description: Folio Address Lot Size: Legal Description: Folio Address Legal Description: Folio Address Legal Description: Folio Address Legal Description: Folio Address Legal Description: a Florida corporation, an entity related to within 500 feet of 5600 N.E. an interest o in M tK' s�� and Gabriele Soyka 01-3218-038-0180 454 N.E. 58 ST 13,347 SQ FT BAYSHORE UNIT NO 4 PB 16-30 LOTS 9-10-11 BLK 14 LOT SIZE 13347 SQUARE FEET OR 18651-4234 0699 2 (2) 01-3218-019-0020 485 N.E. 54 ST. 10,332 SQ FT 18 53 42 .2372 AC PIERCES LEMON CITY CORR-A.MD PB 31-72 BEG SW COR TR A I l-1 E TO SE COR NELY ALG Eft, 203.12FTW TO Ell, RR RfW SWLY ALO RIW TO POB LOT SIZE 10332 SQUARE FEET 01-32 18-038-0250 564E N.E. 4 CT. BAYSHORE UNIT NO 4 PB 16-30 LOTS 19 TI-IRU 26 NC BLK 14 LOT SIZE 205.000 X 115 OR 18430-4073 1298 2 (2) 01-3218-038-0300 5582 N.E. 4 CT, BAYSHORE UNIT NO 4 PB 16-30 LOTS 27 THRU 32 & N6.33FT OF LOT 33 BLK 14 LOT SIZE 156.33 X 150 OR 18430-4073 1298 2 (2) 01-3218-038-0305 5580 N.E. 4 CT. BAYSHORE UNIT NO 4 PB 16-30 S1.8.67FT OF LOT 33 & ALL OF LOTS 34 THRU 38 BLK 14 LOT SIZE 143.67 X 150 FAU 01-3218-038- 0300 01-3218-038-0310 5556 BISCAYNE BLVD. 18 53 42 BAYSHORE UNIT NO 4 PB 16-30 LOT 39 & 40 BLK -14 LOT SIZE 65.060 X 150 UNITY OF TITLE/OR 18472-04'12 ENTERPRISE ZONE ABATEMENT Folio Address Legal Description: 01-3218-019-0010 487 N.E. 54 ST, 18 53 42 .4328 AC PIERCES LEMON CITY CORR-AMD PB 31-72 BEG NW COR TR A E 115.86 FT SLY203.14FT W TO W LINE TR A N TO PO13 LOT SIZE SITE VALUE Folio 01-3218-038-0410 Address 454 N.E. 58 Street I..,ega1 Description: BAYSHORE UNIT NO 4 PB 16-30 LOTS 17 THRU 20 INC & LOT 16 LESS S 12.5 ET BLK 15 LOT SIZE 11925 SQUARE FEET THIS INSTRUMENT PREPARED BY: CARL.. A. SPATZ, ESQ. GELB Alt SPATZ, ES(S. 3400 S.W. THIRD AVENUE , MIAMI, FLORIDA 33145 • identification No. 01-3113-065-0330 & 01-3113-065-0340 99R621754 1999 DEC 08 15145 OOCSTPDEE 480.00 SURTX 360.00 STATVTORY WARRANTY DEEP HARVEY MIN, CLEW DADE COUNTY' FL ID THIS DEED, made on December 3 , 1999 between ALVIN E. KUBLIN whose address is 5200 White Oak Lane, Tamarac, Ft. 33319, Grantor, and RAILROAD PARK, INC., a Florida corporation Grantee, whose post office address is 5580 N, E, 4th Court, Miami, FI. 33137, - WITNESSETH, that Grantor, for and in consideration of the sum of S 10.00, and other good and • valuable consideration to Grantor in hand paid by Grantee, the receipt of which is acknnwlodged, conveys to Grantee and Grantee's heirs, executors, administrators and assigns forever the following described land situated in Miami Dade County, State of Florida: Lots 1, 2, 3, 18, 19, 20 and 21, In Block 3, DIXIE HIGHWAY TRACT. according to the Plat thereof, as recorded in Plat Book 5, at Page 24, of the Public Records of Miami Dada County. Florida. THE GRANTOR NOR ANY MEMBER OF H1S FAMILY RESIDE AT THE SUBJECT PROPERTY. OR AT ANY PROPERTY CONTIGUOUS THERETO. GRANTOR AND HIS FAMILY RESIDE AT 5200 White Oak Ln., Tamarac, FI. 33319. SUBJECT TO: 1. Taxes for the year 2000 and subsequent years; 2. Conditions, easements and restrictions of record, if any, but this reference shall . not operate to reimpose any of them; and ' 3. Purchase Money First Mortgage from Grantee to Grantor in the original sum of S73,000.00. TOGETHER, with all the tenements, hereditament and appurtenances thereto belonging or in anywise ,appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple: that the Grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title fo said land and will defend the same against the !twilit claims of all persons whomsoever; and that said land is free of an encumbrances, IN WETNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed in the presence of: 4. Cilen- 7d Signature Stiggnnature. � t .�y , ! u y[,r l7^ Si Printed Signature STATE OF FLORIDA COUNTY OF MIAMI DADE } }SS rt�c©ff.. ! 8896n 864 ALVIN E. KUBLIN 5200 White Oak Ln., Tamarac, Fl. 33319 oo+rnctoo°" nao u* cowry, brow. HRIIVEY,RUVIN :. on+ craerur count I HEREBY CERTIFY that on this day before me personally appeared ALVIN E. KUBLIN, who is personally known to be the person described in and who executed the foregoing instrument and acknowledged before me that he executed same. 1999. Witness my hand and seal in t i,►ttttitttltettjJiy a` " ar s '• Reatestalublinu4arks ;*_ IC0582161 e County and State last aforesaid this .3 day of December, i NOTARYPUBLIC,IC TA �F i�.oOF �R1 D'A Prin Name of Notary My commission expires: