HomeMy WebLinkAboutB Major Use Special Permit and Variance Application•
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HEARING BOARDS
444 SW 2" d Avenue, 7th Floor • Miami, Florida 33130
Telephone 305-416-2030 + Fax 305-416-2035
www.miamigov.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 responses to this application must be typed and must be signed in black ink. The
deadline to file the complete application, along with pertinent documents, is the first five
working days (1-5) of each month —unless extended because of a holiday —from 8:00
am until 3:00 pm. If you like, you could bring the materials to our office for staff review before
the deadline to ensure the application is complete. Please note that the cashier on the 4th
floor will close at 4:00 pm; therefore, 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. 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. 04-15-05
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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.
Javier F. Avino on behalf of Five Properties, LLC
hereby apply for approval of a Major Use Special Permit at approx. 4350 NW 10 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 3` Floor, prior to submittal. Note:
Plans are to be submitted to Zoning for review by appointment only starting from the 8`h 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' x 11"
copies of the original plan.
6. At least two photographs that show the entire property (land and improvements).
4111 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.
Rev. 04-15-05 2
8. A dear and legible copy of the subject property address and legal description an 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? Approx.1.38 acres
12. What is the purpose of this application/nature of proposed use? Approval of a Major Use
Special Permit for 155 residential units and 321 parking spaces per Articles 5,17 and 914.
13. Is the property within the boundaries of a historic site, historic district or archeological zone? No
Please contact the Planning Department on the 3rd Floor for information.
14. Is the property within the boundaries of an Environmental Preservation District? No
Please contact the Planning Department on the 3rd Floor for information.
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 less 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 1304.2.1d-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.
20. Developmental impact Study (an application for development approval for a Development of
Regional Impact may substitute).
Rev. 04-15-05 3
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d) Total: $
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 containing the above information, individually scanned, as '`.pdf' of
every document included in the MUSP book. For example: 1) Outside Cover, 2) Inside Cover,
3) Table of Contents, 4) Application and Supporting Documentation, 5) Plans, etc.
23. All documents, reports, studies, exhibits (8 1/2 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 $ 8,169.89 (163,397.81 x .05)
b) Additional for any required special permits; such as, Change of Land Use, Change of
Zoning, Special Exception and/or Variance $ 16,399.78 (163,397.81 x .10)
c) Mail notice $ 1,648.50 (157 Labels)
71 S.t7
26714847
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Signatures__'` ..
Name Javier F. Avino
Telephone 305-579-0703
E-mail Address avinoingtlaw.com
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Address 1221 Brickell Avenue
Miami, Florida 33131
Date `1..111' - %CZ
The foregoing was acknowledged before me this day of
20 , by Javier F. Avino 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 and who did (did not) take an oath.
(Stamp)
Rev. 04-15-05 4
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HEARING BOARDS
444 SW 2nd Avenue, 7th Floor • Miami, Florida 33130
Telephone 305-416-2030 • Fax 305-416-2035
www.miamigov.com
PUBLIC HEARING APPLICATION FOR A
VARIANCE
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.
An additional fee to record Zoning Board resolutions will be charged and it is determined
contingent upon fees charged at the time of recordation. Go to the Miami -Dade County Recorder's
Office at 22 NW First Street, First Floor, and ask for a certified copy. Please have the original
recorded document mailed to the address above and bring the certified copy to our office. 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. O1-06-06
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A Variance is a relaxation of the terms of the Zoning Ordinance where such action will not
be contrary to the public interest and where owing to conditions peculiar to the property and not
the result of actions of the applicant, a literal enforcement would result in unnecessary and
undue hardship on the property. As used in the Zoning Ordinance, a Variance is authorized
only for height, area, size of structure, dimensions of yards, other open spaces, off-street
parking and/or loading requirements (see Article 19 of the Zoning Ordinance).
Javier F. Avino on behalf of Five Properties, LLC
hereby apply to the Miami Zoning Board for approval of a Variance at the property located at.
approx. 4350 NW 10 Street , folio number 01-3132-012-0810
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 and 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 3r 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) 1 1 x 17" and one (1) 8 % x 11"
copies of the original plan, including the survey.
6. At least two photographs that show the entire property (land and improvements).
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? Approx. 1.38 acres
Rev. 01-06-06 2
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12_ What is the purpose of this application/nature of proposed use? Request for a variance to
reduce the required setbacks and an increase to the allowed building footprint to permit
construction of a 155 unit multifamily residential building.
13. is the property within the boundaries of a historic site, historic district or archeological zone? No
Please contact the Planning Department on the 3rd Floor for information.
14. Is the property within the boundaries of an Environmental Preservation District? No
Please contact the Planning Department on the 3`d Floor for information.
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 less than one (1) year old
16. In support of the application, please supply the following evidence, on the point enumerated in
Sec 1903 of the Miami Zoning Ordinance. Note: This application will not be accepted for
Zoning Board action unless all items are complete. Please list evidence to be produced and
use additional sheets, if necessary.
(a) Special conditions and circumstances exist which are peculiar to the land, structure, or
building involved and which are not applicable to other lands, structures, or buildings in the
same zoning district in that:
The project site spans a full block and as such has been determined to have "two" fronts. The
project site also sits on a relatively small block which further decreases the overall lot coverage
because of the significant setback requirements within the R-4 zoning district. Equally important
is the fact that due to the proximity of the project site to the airport, Miami -Dade Aviation
Department requires that a very restrictive height limitation of approximately 78 feet be complied
with,
(b) The special conditions and circumstances do not result from actions of the petitioner in that
The setback requirements are not the result of the petitioner, but a result of the peculiar lot size
and lot configuration mentioned above. The proximity of the site to the airport and the recent
change in allowable heights in the area is not due to any action of the petitioner.
(c) Literal interpretation of the provisions of the Zoning Ordinance would deprive the applicant of
rights commonly enjoyed by other properties in the same zoning district under the terms of
the Zoning Ordinance and would work unnecessary and undue hardships on the petitioner
in that:
The proximity of the lot to the airport flight path and the accompanying Miami -Dade Aviation
Department height regulations forces an undue hardship on the property. In addition, the lot
occupies a full block and has been determined to have two "fronts" for setback purposes. Other
lots would not necessarily have two "fronts". Additionally, the minimal size of the block creates
a greater hardship since the project must comply with the setbacks of the zoning district
irrespective of the lot size.
(d) Granting the Variance requested will not confer on the petitioner that special privilege that is
denied by the Zoning Ordinance to other lands, buildings, or structures in the same zoning
district in that:
Rev. 01-06-06 3
The requested variances seek to employ feasible setback requirements that would allow
construction of a project that is otherwise required to comply with the applicable Miami -Dade
Aviation Department height requirements which likely do not apply to most lots situated within
the same zoning district.
(e) The Variance, if granted, is the minimum Variance that will make possible the reasonable
use of the land, building or structure in that:
The variances requested are the least possible to permit reasonably sized units given the
restrictive height limitation, required setbacks and lot coverage.
(f) The grant of the Variance will be in harmony with the general intent and purpose of the
Zoning Ordinance, and will not be injurious to the neighborhood, or otherwise detrimental to
the public welfare in that:
The project will remain well within the allowable height, density, and scale of the neighborhood.
The project will also provide a much needed upgrade to the housing stock of the area and as
such will encourage redevelopment therein.
17. All documents, reports, studies, exhibits (8 �/2 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.
18. Cost of processing according to Section 62-156 of the Miami City Code:
CS, PR, R-1, R-2, (single-family and duplex residential uses) $ 250.00
Piers, docks, wharves and the like, for each Variance from the
ordinance, per lineal foot $ 45.00
Minimum $ 700.00
All applications for Variances relating to the same structure shall
be assessed a single fee to be calculated per square foot of gross
floor area of the proposed structure or addition, based upon the
definition of gross floor area found in Section 2502 of Zoning
Ordinance, as amended $ .10
Minimum $ 650.00
Application for Variance as a result of a change in approved plans or as a result of a
violation notice shall be charged an additional fee, per Variance:
CS, PR, R-1, R-2 $ 250.00
All other residential districts $ 450.00
All nonresidential districts $ 550.00
Extension of time for Variance $ 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 items above, not to exceed eight hundred dollars
(800.00), except from agencies of the City; such surcharge to be refunded to the
Rev. 01-06-06 4
applicant if there is no appeal by the applicant or from a property owner within five
hundred (500) feet of the subject property.
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Signature
Name tavi F. Avino
Address 1221 Brickell Avenue
Telephone 305-579-0703 Date
E-mail Address avinoiagtlaw.com
Miami, Florida 33131
Autu
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this day of _L`I
20 t , by Javier F. Avino who is
a(n) individual/partner/agent/corporation of a(n)
individuallpartnership/corporation. He/She is personally kn�ta
as identification and who did (did not) take an oath.
r
(Stamp)
Signature
who has produced
Rev. 01-06-06 5
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AFFIDAVIT
Before me, the undersigned, this day personally appeared Javier F. Avino
who being by me first deposes and says:
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, 0 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.
Javier F. Avino
Applicant Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Apilicat Signature
The foregoing was acknowledged before me this / day of
20 CL by Javier F. Avino
who is a(n) individual/partner/agent/corporation of
a(n) individual/partnership/corporation. He/She is personal! known to
m_e_or who has produced as identification and who did (did not) te
an oath.
i#;{j
(Stamp) Signature
Rev. 04-15-05
DISCLOSURE OF OWNERSHIP
41)
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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) Five Properties, LLC
Subject Property Address(es) 4350 NW 10 Street
See attached Exhibit"A"
Telephone Number
E-mail Address
Victor F. Seijas, Jr. 99%
Five Properties, Inc. 1% which is owned by Victor F. Seijas 10%
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 Legal Description
None
Javier F. Avino
Owner or Attorney Name
r Attorney Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this 3 day of
20 ` , by Javier F. Avino 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 and who did(did no take an oath.
(Stamp)
Rev. 04-15-05
TFUBLIC
Signature
Exhibit "A"
LEGAL DESCRIPTION:
LO 15 ( "f-h L1 1 2 BLOCK. 8 . OF " 1=A.F'FRS CHESTEE TERRACE " ACCORDING TO Mt. PLAT THEREOF
.cC(DF.DL[ IN FLAT BOOT 16 AT PAGE 79 Of TIME PUBLIC RECOI<.D5 Of NlIAMI DADS COUNTY, FLOKI
.,,ONTAINING GO. 245.05 5 ). FT +/- = 1 .38 ACRES +{
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