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HomeMy WebLinkAboutApplication & Supporting DocsHEARING BOARDS 444 SW 2" ` Avenue, 7th Floor • Miami. Florida 33130 Telephone 305-416-2030 • Fax 305-416-2035 www.miamigov.com/hearing boards PUBLIC HEARING APPLICATION FOR A SPECIAL EXCEPTION 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, and on the fifth day, at 12:00 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 by the Miami -Dade County Recorder's Office at 22 NW First Street, First Floor. Upon arrival, 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 the Office of Zoning. Rev. 08-16-06 Within the City generally, or within certain zoning districts, certain structures, uses, and/or occupancies specified, 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 the 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 Miami 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). I, Ben Fernandez, Esq. on behalf of The Universal Church, Corp.. a New York Non Profit Corporation, hereby apply to the Miami Zoning Board for approval of a Special Exception for the property located at 3501 West Hagler Street, Miami, FL, folio number 01-4104-023-2540. 1. The property/location listed does not have any open code enforcement/lien violations. No. 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. Original plan needs to be stamped, dated and initialed by Hearing Boards designee first and then by (1) Public Works on the 8th Floor, (2) Zoning on the 4th Floor and (3) Planning on the 3`d Floor, prior to submittal. Note: Plans are to be submitted to Zoning for first time review starting from the 8th through the 20th of each month. Zoning will not be accepting first-time review plans after the 20th day of the month. 5. After obtaining signatures from the above departments, two (2) 11x17" and one (1) 8'/2x11" copies of the original plan, including the survey. 6. At least two photographs that show the entire property (land and improvements). 7. A dear 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 dear and legible copy of the subject property address and legal description on a separate sheet of paper, labeled as "Exhibit A" to coincide with the current survey's legal description. 9. Affidavit and disclosure of ownership of all owners and contract purchasers of the subject property (see pages 4 and 5). 10. Certified list of owners of real estate within 500 feet of the subject property (see pages 6 and 7). 11. What is the acreage of the project/property site? 1.2 Acres 12. What is the purpose of this application/nature of proposed use? Religious Facility - Church 13. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning Department on the 31d Floor for information. No. Rev. 08-16-06 2 14. Is the property within the boundaries of an Environmental Preservation District? Pease contact the Planning Department on the 3`6 Floor for information. No. 15. For corporations and partnerships indicated, 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) Non-profit organizations: A list of Board of Directors less than one (1) year old. 16. Cost of processing according to Section 62-156 of the Miami City Code*: a. Special Exception requiring automatic City Commission review $ 2,000.00 b. Special Exception $ 800.00 c. Extension of time for Special Exception $ 500.00 d. Nonsubstantial modification $ 400.00 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. *Pursuant to Ordinance 12719, all planning and zoning fees in excess of $25, 000.00, shall be paid in the form of a certified check, cashier's check, or money order. Signature Address 200 South Biscayne Blvd,., # 850 Name Ben Fernandez, E. Miami, FL 33131 Telephone 305-377-6235 Application Date December f , 2006 E-mail Address BFernandez(c�brzoninglaw.com STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this day of December, 2006, by Ben Fernandez, Esq. who is a partner of Bercow & Radell, PA a n) corporation. He is personally known to me and who did not take an oath. g, 1 (Stamp) Sign Rev. 08-16-06 3 AFFIDAVIT OF AUTHORITY TO ACT 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 who 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, CI 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(s) Name STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this Fernandez, Esq. who is a partner of Bercow & Radell, P(n) corporation. He is personally known to me and who did not take an oath. - — 1 Applicant(s) Signature (Starr Signatur day of December, 2006, by Ben Rev. 08-16-06 4 DISCLOSURE OF OWNERSHIP 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) The Universal Church Corp., a Yak Non Profit Corporation Subject Property Address(es) 3501 West Flagler Street (01-4104-023-2540) Telephone Number 305-377-6235 E-mail Address BFernandezbrzoninglaw.com 2. Street address and legal description of any property owned by any and all parties listed in answer to question #1 located within 500 feet of the subject property. Please supply additional lists, if applicable. Street Address N/A Ben Fernandez, Esq. Applicant(s) Name Applicant(s) SignatUre Legal Description N/A STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this day of December, 2006, by Ben Fernandez, Esq. who is a partner of Bercow & Radell, PA a(n) 9orp9ration. He is personally known to me and who did not take an oath. (Stamp) NotaFe Pubft g r;g: gg-7 "-ogY52-198.8 Signature Rev. 08-16-06 5 Exhibit A Address: 3501 West Hagler Street, Miami, Florida Legal Description: Lot 3 through 17 inclusive, in Block 30, of TWELFTH STREET MANORS according to the plat thereof as recorded in at Plat Book 5 at Page 59 of the Public Records of Miami -Dade County, Florida, ;1 _ bmkt the following information concerning the board of fir ectoers: a. dame, address, social security number and titles of Uentit y's officials.s. Submit schedule, if necessary. Officers of the Church Address _�-Title Name S ca ialca ial Security Number Mr. Farr=st Higginbotham `--__—� Mr. D avd Higg nbothar} Ms. Regina Da Silva Mr. Forrest Higginbotham Mr. Rui Morai------------- , 1 Mr. Eduard© Pont Mr. Cristiane Cardoso I New York NY 1001� �� M Evelyn Higginbotham in obg tham l 220 23 Street, Suite 509, New York NY 10010 , 220 East 23 Street, Suite 509, New York NY 220 East 23' Street, Suite 509, New York NY 10010 } 0 East 23` Street, Suite 509, New York NY 100110 Directors of the Church ber President Vice Presid Treasurer Secretary er�— j 220 East 23` Street, uite 509, `L New York NY 10010 509\2OEast23tc50t5te New York NY 10010� 220 East 23f° Street, Suite 509, t 'i, New York NY 10010 `- - -- - _ _�20 East 23f° Street, Suite 509, i - - -- New York NY 10010 �T 220 East 23' Street, Suite 509. 1, s � �J J State of Florida Department of State I certify from the records of this office that THE UNIVERSA.f, CHURCH CORP. is a corporation organized under the laws of New York, authorized to transact business in the State of Florida, qualified on November 5, 1993, The document number of this corporation is F93000005011. I further certify that said corporation has paid all fees due this office through December 31, 2006, that its most recent annual report was filed on February 13, 2006, and its status is active. I further certify that said corporation has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of Florida, at Tallahassee, the Capital, this the Twenty Ninth day of November, 2006 Secretary of State Authentication ID: 100082145781-112906-F93000005011 To authenticate this ccrtiticatc,v isit the following site, enter this ID, and then follow the instructions displayed. www,sunbiz.org/auth.htm[ 111111111111111111111111111111111111111111111 CFN 2OO RO-9197o OR e4 23710 Pis 3616 - 3619; (4s9s RECORDED D8/23/2005 12:43:10 WARRANTY DEED (Statutory F.S. 689.02) DEED DOC TAX 44,400.00 Return re. teuetox scl(.addrueed simmer! envelope) SURTAX 33l 300.00 Name: Srrven W7.1C1am, airHARVEY RUVIN, CLERK OF COURT �cdrds' c ,ssFr Trig t!IRf3I-DADE COUNTY), FLORIDA 221 Briciseil avenue Niiemi, FL 33131 This instrument };•spared by: Name: Jerome J. kavuticiy Esq. Address. Ru,sp do kawlich, PL. 205 Le Jcwte Rd. PH 1-171 Corsi Gables, FL 33134 Folio A1umGer• 01.4 l44-423,2340 SPACE ABOVE THIS LINE FOR RECORDING DATA This Indenture, Made this 7Z"d day of August A.D., 2005, between, IGLESIA CASA DE ALABANZA (LA CASA DE TODOS), INC, a Not -For -Profit Florida Corporation, whose post office address is 3501 West Flagler Street, Miami, Miami -Dade County, Florida 33126, party of the first part, and THE UNIVERSAL CHURCH, a New York Not -For -Profit Corporation, of the County of New York in the State of New York, whose post office address is 220 E. 23' Street, Suite 509, New York, New York 10010, party of the second part. (Wherever used herein the terms "first party" arid "second party" shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successor and assigns of corporations, wherever the context so admits or requires.) Witnesseth, That the said party of the first part, for and in consideration of the surn of Ten Dollars, to it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said party of the second part, its successors and assigns forever, the following described land, situate, lying and being in the County of Miami -Dade, State of Florida, together with all improvements thereon (collectively, the "Property") to -wit; Lots 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17, Block 30, of TWELFTH STREET MANORS, according to the Plat thereof, recorded in Plat Book 5, Page 59, of the Public Records of Miami -Dade County, Florida; TOGS JH E R WITH all the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining to said property. TO HAVE AND TO HOLD the above granted, bargained and described Property, with the appurtenances thereto, unto said party of the second part for its own proper use and benefit forever. Subject to: 1. Real property taxes for the year 2005 which are not yet due and payable. 2. Subject to covenants, easements, if applicable, and restrictions of record, withont reaffirming or reimposing the same. And the said party of the first part does hereby fully warrants that it is lawfully seized of the Property in fee simple; that it has good right and lawful authority to sell and convey the Property; that the said party of the first part hereby fully warrants the title to the Property and will defend the same against the lawful claims of all persons whomsoever. In Witness Whereof the said party of the first part has caused this instrument to be duly executed and sealed the day and year first above written. Signed. sealed and delivered in the presence of: Wito Prime Winiessc Signature Printed Name 1 !CLEW. CASA . _ - LABANZA (LA CASA In TODOS), IN ., a Flor'.:t or -Profit Corporation By: GALI, its Secretary Id • Book23710/Page3616 CFN#20050891976 Page 1 of 4 STATE OF FLORIDA ) COUNTY OF MIAMI-DARE ) 1 hereby certify that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared ROBERTCRUZ,J . as the duly authorized President ofiGLESIA CASA DE ALABANZA (LA CASA DE TODOS), INC., a Florida Not -For -Profit Corporation, known to me to be the person described in and who executed the foregoing r ment, who acknowledged before me that be executed the same, and an oath was not taken. (Check one:) Said person(s) is/are personally known to me. 0 Said person(s) provided the following type of identificat on: NOTARY RUBBER STAMP SEAL y AiY'� 14J I1 na STATE OF FLORIDA COUNTY OF MIAMI-DADE Witness my hand and official seal in the County and State last aforesaid this) day of August, 2005. Notary Signature: Printed Name: I hereby certify that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared FRANK GALL as the duly authorized Secretary of IGLESIA CASA DE ALABANZA (LA CASA DE TODOS), INC., a Florida Not -For -Profit Corporation, known to me to be the person described in and who executed the foregoing instrument, who acknowledged before me that he executed the same, and an oath was not taken. (Check one:) 0 Said person(s) isfare personally known to me. 0 Said person(s) provided the following type of identification: NOTARY RUBBER STAMP SEAL Witness my hand and official seal in the County and State last aforesaid this //' day of Augui 2005. Notary Signature: Printed Narne: Cynthia Cruz Ortiz , Commission #DD272221 Exph es• Jan 19, 200S Atlantic Bonding C©, iu4 2 Book237101Page3617 CFN#20050891976 Page 2 of 4