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HomeMy WebLinkAboutI-B Major Use Special Permit and Variance Applications.HEARING BOARDS 444 SW 2` d Avenue, 7th Floor • Miami, Florida 33130 Telephone 305-416-2030 • Fax 305-416-2035 www.miamigov.com/hearing boards PUBLIC HEARING APPLICATION FOR A MAJOR USE SPECIAL PERMIT SUBSTANTIAL AMENDMENT 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. 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. 01-06-06 Before submitting an application for Major Use Special Permit (MUSP), the applicant shall confer with the zoning administrator and the director of the Planning Department or their designee to obtain information and guidance before initiating the process. It is intended that the 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 MUSP application 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 Bird Road Holdings, LLC, owner hereby apply for approval of a Major Use Special Permit at approx. 3760 Bird Road and in support of that request, furnish the following: . 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. 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 3rd Floor, prior to submittal. Note: Plans are to be submitted to Zoning for first time review starting from the 8tn through the 20th of each month. Zoning will not be accepting first-time review plans after the 20tt' 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, 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. Rev. 01-06-06 2 • A clear 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 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 1.76 acres 12. What is the purpose of this application/nature of proposed use? Approval of a Substantial Amendment to an approved Major Use Special Permit Resolution No. 06-0188 for an office building and 1,085 parking space pursuant to Articles 5 and 17 of the Zoning Ordinance. 13. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning Department on the 3'd Floor for information. No 14. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning Department on the 3'd 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. 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. Rev. 01-06-06 3 • • • 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 'h 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 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 $ 7,500 b) Additional fee for any required special permits; such as, Comprehensive Plan, Zoning Atlas, Special Exception(s) and/or Variance(s) $ 34,741,05 (347,410.53 x .10) c) Public hearing and public meeting mail notice fee $ 808,50 (77 labels x $10.50) d) Total: $ 44,199.55 "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 1221 Brickell Avenue Name Javier F. Avino Telephone 305-579-0703 E-mail Miami, Florida 33131 avinoiCcgtlaw.com The application submittal date is the date stamped by Nearing Boards' staff on the front page, STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this T` day of 20 1; , by Javier F. Avino who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personallyAnown_la ,me or who has produced as identification and who did (did not) take an oath. (Stamp) Signature MIA 1794736©6/v 1 PARDOA Rev. 01-06-06 4 • HEARING BOARDS 444 SW 2"` Avenue, 7th Floor • Miami, Florida 33130 Telephone 305-416-2030 • Fax 305-416-2035 www.miamigov.comfhearinq boards 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 ,HE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 3133. 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 (l- oaf 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 ailed to the address above and bring the certified copy to our office. Copies of City Commission yip solutions/ordinances can be obtained at our website through the "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360. Rev. 01-06-06 Applications given to customers do not constitute action from the City of Miami without plans review and written comments from the Office of Zoning, 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 Bird Road Holdings, LLC, owner , hereby apply to the Miami Zoning Board for approval of a Variance at the property located at approx. 3760 Bird Road folio number 01-4120-001-0010 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. • 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 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" 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 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. 1.76 acres .2. What is the purpose of this application/nature of proposed use? Office Building 13. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning Department on the 3`cl Floor for information. No Rev. 01-06-06 2 14, Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning Department on the 3'd Floor for information, No 1 5. For all 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. In support of the application, please supply the following evidence, on the point enumerated in Section 1903 of the Miami Zoning Ordinance. Note: This application will not be accepted unless items (a) through (f) below are complete. Please list evidence to be produced and use additional sheets, if necessary. (PLEASE NOTE ALL VARIANCES PRESENTLY REQUESTED WERE APPROVED TO A GREATER DEGREE IN THE ORIGINAL MUSP APPROVAL) (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: Due to the configuration of the property with our street frontages it becomes necessary to reduce the setbacks in certain areas in order to accommodate liner uses as well as a functional parking garage. (b) The special conditions and circumstances do not result from actions of the petitioner in that: The special circumstances are not the result of the applicant but rather the shape of the lot. It is also important to note that this parcel faces four streets which also makes it peculiar. (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: Most properties do not face four streets. On the main street (bird Road) the applicant exceeds the setback required but in order to create this friendly pedestrian pathway and still provide a functional garage it becomes necessary to push the other street setbacks back as well as exceed the 45 degree angle requirement. (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: Granting this variance would not create a special privilege for the Applicant but rather would allow applicant to provide liner program and place the height where it should be in the front of the property. (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 Varaiance is the minimum necessary to make reasonable use of the land as is intended (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 Variance will be in harmony with the general intent and purpose of the Zoning Ordinance. Rev. 01-06-06 3 17. Ail documents, reports, studies, exhibits (8 1/z 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*: • a. CS, PR, R-1, R-2, (Single -Family and Duplex Residential uses) $ 250.00 b. Piers, docks, wharves and the like, for each Variance from the ordinance, per lineal foot $ 45.00 Minimum $ 700.00 c. 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 $ .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: a. CS, PR, R-1, R-2 b. All other residential districts c. All nonresidential districts d. Extension of time for Variance $ 250.00 $ 450.00 $ 550.00 $ 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 applicant if there is no appeal by the applicant or from 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 p certified check,,-eayshier's-check, or money order. Signature Address 1221 Brickell Avenue Name. Javier F. Avino Telephone 305-579-0703 Miami, FL 33131 E-mail avinojgtlaw.com The application submittal date is the date stamped by Hearing Boards' staff on the front page. STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 7 day of 20 , by 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 oat— (Stamp) MIA 179486208v1 12/4/2006 Signature Rev. 01-06-06 4 • AFFIDAVIT OF AUTHORITY TO ACT Before me, the undersigned, this da being by me first d p es and says: p i Hy appeared F. A vino who 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 iia his/her behalf for the change or modification of a classification or regulation of zoning as set out in the foregoing petition, X including or ❑ 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(s) Name STATE OF FLORIDA COUNTY OF MIAMI-DADE Ap licant(s) Signature The foregoing was acknowledged before me this day of 20 f , 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) • 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 fnancial 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) Bird Road Holdir s LLC Subject Property Address(es) approx. 3760 Bird Road See attached Exhibit "A" Telephone Number E-mail Address See attached Exhibit "B" 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 Legal Description None Javier F. Avino Owner(s) or Attorney Name STATE OF FLORIDA COUNTY OF MIAMI-DADE wnr(s) or Attorney Signature The foregoing was acknowledged before rrie this day of 20 I , by Javier F. Avino 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. 0 (Stamp) who is • • PROPERTY ADDRESS : 3760 S.W. 40Lh_ STREET, MIAMI, FLORIDA 33148 LEGAL. DESCRIPTION : LOT 1a LESS THE EAST 10.D0 FEET, LOT 21, AND LOT 24, LESS THE SOUTH 10.00 FEET ALL IN BLACK 10 OF REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT 800K 2, AT PAGE 85, OF THE PUBLIC RECORDS OF MIAMl-DADE COUNTY, FLORIDA_ AND TRACT A, REPLAT OF A PORTION OF BLOCK 10 REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 45 AT PAGE 87, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LESS THE EAST 5.00 FEET. LESS THE SOUTH 5.00 FEET, LESS THE EXTERNAL. AREA FORMED BY A 25 FOOT RADIUS ARC CONCAVE TO NORTHWEST ANO TANGENT TO THE WEST UNE OF THE EAST 5.00 FEET OF SAID TRACT A AND TANGENT TO THE NORTH UNE OF THE SOUTH 5.00 FEET OF SAID TRACT A, LESS THE EXTERNAL.. AREA FORMED BY A 25 FOOT RADIUS ARC CONCAVE TO THE SOUTHWEST. TANGENT TO THE WEST UNE OF THE EAST 5.00 FEET OF SAID TRACT A AND TANGENT TO NORTH UNE OF SAID TRACT A AND LESS THE FOLLOWING DESCRIBED PARCEL: COMMENCE AT THE POINT OF INTERSECTION OF THE NORTHERLY PROLONGATION OF THE WEST UNE OF SAID TRACT A AND THE WESTERLY PROLONGATION OF THE NORTH UNE OF SAID TRACT A„ THENce S 31/7 34" E ALONG SAID NORTHERLY PROLONGATION FOR25.42 FEET TO THE POINT OF BEGINNING OF THE -HEREIN DESCRIBED PARCEL; THENCE CONTINUE S 3"0734" E ALONG THE WEST UNE OF SAID TRACT A FOR 190.91 FEET; 'THENCE N E7`4524` E FOR 5.00 FEET; THENCE S 3'OT34" W FOR 30.BS FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST. HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHEASTERLY FOR 36.85 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89'07'02` TO A POINT OF CUSP; THENCE N34'1711* W FOR 30.58I FEET; THENCE N 3'07'34" W FOR 249.00 FEET TO A POINT OF CUSP VI TH A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF.25,00 FEET; THENCE SOUTHERLY FOR 25.00 FEET THROUGH A CENTRAL ANGLE OF 58`40T01' TO THE POINT OF BEGINNING. 0 EXhibitT" Ownership of Bird Road Holdings LLC� 1Bird Road LLC4496which ksowned by Harvey Hernandez 100% Z AniUoodeFuego, Inc 28Y4which koowned by 3. GGHHoldingu LLC2896which ixowned by Suzanne HmnfingSOY6 Guillermo Han8ing 50% 0 0