HomeMy WebLinkAboutTAB B - MUSP ApplicationHEARING BOARDS
444 SW 2nd Avenue, 7th Floor • Miami, Florida 33130
Telephone 305-416-2030 • Fax 305-416-2035
www.mlamigov.com
PUBLIC HEARING APPLICATION FOR A
MAJOR USE SPECIAL PERMIT
Welcome to Hearing Boards! This application 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 with the complete application.
The deadline to file the complete application with supporting documents is the first five
working days (1-5) of each month from 8:00 am until 3:00 pm. The responses to this
application must be typed and signed in black ink. Please note that pursuant to
Section 1304.2.2 of the Miami Zoning Ordinance, no application shall be deemed to
have been filed unless and until the applications shall have been completed. All
pertinent and accurate information/documentation; i.e., the plans, reports, exhibits, shall
be presented at the time of filing, in addition to the paid receipt. The applicant is
responsible for the accuracy of the information contained in the application and all
supporting materials. If you like, you could bring the materials to our office for staff
review before the deadline to ensure the application is complete. Upon submittal, this
application must be accompanied with a signed 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.
Copies of City Commission resolutions can be obtained at our website through the
"Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360.
Applications given to customers do not constitute action from the City of Miami
without plans review and written comments from Zoning.
Rev. 01-06-06
BEFORE SUBMITTING AN APPLICATION FOR MAJOR USE SPECIAL PERMIT (MUSP), THE
PROSPECTIVE APPLICANT SHALL CONFER WITH THE ZONING ADMINISTRATOR OR
HIS/HER DESIGNEE AND THE DIRECTOR OR HIS/HER DESIGNEE OF THE PLANNING
DEPARTMENT TO OBTAIN INFORMATION AND GUIDANCE BEFORE INITIATING THE
PROCESS.
IT IS INTENDED THAT MUSPs 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 MUSPs. (SEE ARTICLE 17 OF ORDINANCE
NO. 11000, AS AMENDED.)
THE DIRECTOR OF THE PLANNING DEPARTMENT SHALL MAKE RECOMMENDATIONS ON
ALL APPLICATIONS FOR MUSPs 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 NO. 11000, AS AMENDED.)
FINAL APPROVAL OF THIS APPLICATION FOR MUSP SHALL CONSIST OF AN EXECUTED
RESOLUTION BY THE MIAMI CITY COMMISSION AND A DEVELOPMENT ORDER, WHICH
SPECIFIES THE CONDITIONS UNDER WHICH THIS MUSP APPLICATION IS APPROVED.
I, Ben Fernandez, Esq. on behalf of R & L Development, LLC, hereby apply for approval
of Seven 7, a Major Use Special Permit at 2728 NE 2hd Avenue, 169 NE 27th Street, and
167 NE 28th Street, and in support of that request, furnish the following:
1. The property/location listed does not have any open code enforcement/lien
violations.
2. One (1) original survey prepared by a State of Florida registered land surveyor within
six (6) months from the date of application.
3. 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.
4. 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.
5. After obtaining signatures from the above departments, two (2) 11x 17" and one (1) 8
�/2 x 11" copies of the original plan.
6. At least two photographs that show the entire property (land and improvements).
Rev. 01-06-06 2
7. 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.
8. A clear and legible copy of the subject property address and legal description on a
separate sheet of paper, labeled as "Exhibit A".
9. Affidavit and disclosure of ownership of the subject property (see pages 5 and 6).
10. Certified list of owners of real estate within 500 feet of the subject property (see
pages 7 and 8).
11. What is the acreage of the project/property site? 0.616 acres
12. What is the purpose of this application/nature of proposed use? To allow an 88 unit
mixed use development.
13. Is the property within the boundaries of a historic site, historic district or
archeological zone? Please contact the Planning Department on the 3rd Floor for
information. No.
14. Is the property within the boundaries of an Environmental Preservation District?
Please contact the Planning Department on the 3rd Floor for information. No.
15. For corporations and partnerships, the following documents are to be submitted:
a) Articles of Incorporation
b) Certificate from Tallahassee less than one (1) year old showing good standing
c) Corporate Resolution or a Power of Attorney signed by the secretary of the
Corporation authorizing the person who signed the application to do so
d) For non-profit organizations only: A list of Board of Directors Tess than one (1)
year old
16. A signed Traffic Sufficiency Letter from the City of Miami's traffic consultant.
17. Maps showing the existing zoning designation and the adopted comprehensive plan
designation for areas on and around the property.
18. 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.
19. Concept Plan:
a) Site plan and relevant information per Section 1304.2.1 d-h in Zoning Ordinance
11000, as amended.
Rev. 01-06-06 3
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.
20. Developmental Impact Study (an application for development approval for a
Development of Regional Impact may substitute).
21. Twenty (20) "MUSP" books —including an original —containing 8 1/2 x 11" copies of
the above information, including this application and any other public hearing
applications. If the project requires a Variance or Special Exception request, thirty
(30) books are required.
22. One (1) electronic copy of every document included in the MUSP book, individually
scanned in ".pdf" form. For example: 1) Outside Cover, 2) Inside Cover, 3) Table of
Contents, 4) Application and Supporting Documentation, 5) Aerial Photos, 6) Survey,
7) Plans, etc.
23. All documents, reports, studies, exhibits (8 Y2 x11") or other materials to be
submitted at the hearing shall be submitted with this application and will be kept as
part of the record.
24. Cost of processing according to Section 62-156 of the Miami City Code:
a) Major Use Special Permit $
b) Additional for any required special permits; such as, Change of Land Use,
Change of Zoning, Special Exception and/or Variance $
c) Mail notice $
d) Total: $
Signature
Name Ben Fernandez E
Telephone 305-377-6235
Address 200 S. Biscayne Blvd. # 850
Miami, FL 33131
Date March 7, 2006
E-mail Address BFernandeze.BRzoinglaw.com
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this 7th day of March 2006, by Ben
Fernandez, Esq., who is a partner of Bercow & Radell, PA a(n)
individual/partnership/corporation. He is personally known to me and who not take
an oath.
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Signature
4
AFFIDAVIT
Before me, the undersigned, this day personally appeared Ben Fernandez, Esq.,
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 his/her 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 foregoing
petition, El including or 0 not including responses to day to day staff inquires.
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.
Ben Fernandez, Esq.
Applicant Name Applicant Sign ure
STATE OF FLORIDA
COUNTY OF MIAMI-DADS
The foregoing was acknowledged before me this 7th day of March 2006, by Ben
Fernandez, Esq., who is a partner of Bercow & Radell, PA a(n)
individual/partnership/corporation. He is personally known to me and who not take
an oath.
CRISTINA D. GONZALEZ
(Stale
r-
MY COMMISSION # DD 102146
. =Tt .
..P= EXPIRES: March 23, 2006
Rev. O
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Signature
5
DISCLOSURE OF OWNERSHIP
1. List the owner(s) of the subject property and percentage of ownership. Note:
The Miami City Code requires disclosure of all parties having a financial
interest, either direct or indirect, with respect to a presentation, request or
petition. Accordingly, disclosure of shareholders of corporations,
beneficiaries of trusts, and/or any other interested parties, together with their
address(es) and proportionate interest are required. Please supply additional
lists, if applicable.
Owner's Name(es) R & L Development, LLC (Alberto Rodriguez 50 %
and Seven Land, LLC 50%)
Seven Land, LLC (Ricardo Lara 50%, Juan
Diego Rincon 25%, and Carlos Pacaninis 25%)
Subject Property Address(es) 2728 NE 2nd Avenue, 169 NE 27th Street, and 167
NE 28th Street
Telephone Number 305-500-9976
E-mail Address N/A
2. Street address(es) and legal description(s) 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, if applicable.
Street Address
NIA
Ben Fernandez, Esq.
Owner or Attorney Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Legal Description
wner or Attorn
Y
nature
The foregoing was acknowledged before me this 7th day of March 2006, by Ben
Fernandez, Esq., who is a partner of Bercow & Radell, PA a(n)
individual/partnershiplcorporation. He is personally known to me and who not take
an oath.
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h •• CRISTINA D. GONZALEZ
z*: ,.� MY COMMISSION # DD 102146
• % 101' EXPIRES: March 23, 2006
: r,ti &nded,hm WowPub4cUndenveters
Signature
Rev. 01-06-06 6