HomeMy WebLinkAboutI.B Major Use Special Permit Application.B
HEARING BOARDS
444 SW 2nd Avenue, 711" 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
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.
I, Javier F. Avino, as attorney on behalf of TRG-Downtown Lofts III, Ltd., contract
purchaser and Rafael Kapustin, as Trustee, Colon Building, Inc. and Metropol Building, Inc.
owners , hereby apply for approval of a Major Use Special Permit at approx. 201 and
229 NE 2 Avenue and 200 NE 3 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. 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%x11"
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
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. 1.004 acres
12. What is the purpose of this application/nature of proposed use? Approval of a Maior Use
Special Permit which consists of 495 residential units and 14,000 s.f. of retail 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 3rd 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 1304.2.1 d-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 '/ 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 '/ 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 $ 33,465.60 (446,208 s.f. x .075)
b) Additional fee for any required special permits; such as, Comprehensive Plan, Zoning
Atlas, Special Exception(s) and/or Variance(s) $ -0-
c) Public hearing and public meeting mail notice fee $1,764 (252 labels x $7.00)
d) Total: $ 35,229.60
*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.
Signatur Address 1221 Brickell Avenue
Name Javier F. Avino
Miami, Florida 33131
Telephone 305-579-0703 E-mail avinoi(gtlaw.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 7,6 day of
20 7 , 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)
ignature
1
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P4;,,MARISOL R. GONZALEZ
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�. Notary Public - Stale of Florida
• 1,AyCom►>iaion Expires Sap 17.2010
y Comn 9 DO 553129
....... ,,, �ioBonded By Natrona Notary Assn.
Rev. 01-06-06
4
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AFFIDAVIT OF AUTHORITY TO ACT
Before me, the undersigned, this day personally appeared Javier F. Avino , 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 fora 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, 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(s) Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this 42?5- day of
20 01 , by Javier F. Avino r o 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 d'd (did not) take an oath.
ant(s) Signature
(Stamp)
Rev. 01-06-06 5
Si
•
1
•
MARTS''" R. ' LEZ4
Notary Public - State of F
y won Expires Sep 17, 2010
Commis ion it DD 553129
Bonded By National Notary Assn.
T 7_
DISCLOSURE OF OWNERSHIP
5. 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) Colon Building, Inc.
Subject Property Address(es) approx. 201 and 229 NE 2 Avenue and 200 NE 3 Street
See attached Exhibit "A"
Telephone Number
E-mail Address
Rafael Kapustin 35%, Sara Kapustin 35% Andrew J. Kapustin 15% and Gina E.
Kapustin 15%
6. 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
(s) or Attorney Signature
The foregoing was acknowledged before me this c day of
20 07 , 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. 01-06-06 8
Notary Public - tate of F
• iMyCnnenission Expires Sep 17, 2010
1 Commission # DD 553129
;.°;; Bonded By National Notary Assn.
DISCLOSURE OF OWNERSHIP
7. 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) Metropol Building Inc.
Subject Property Address(es) approx. 201 and 229 NE 2 Avenue and 200 NE 3 Street
See attached Exhibit "A"
Telephone Number
E-mail Address
Rafael Kapustin 35%, Sara Kapustin 35% Andrew J. Kapustin 15% and Gina E.
Kapustin 15%
8. 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
(s) or Attorney Signature
The foregoing was acknowledged before me this 2S-- day of
20 07 , 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
na oath.
(Stamp)
MIA179511600/v1 DOUGHERTYL
Rev. 01-06-06 9
CONTRACT PURCHASER
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) TRG - Downtown Lofts III, Ltd.
Subject Property Address(es) approx. 201 and 229 NE 2 Avenue and 200 NE 3 Street
See attached Exhibit "A"
Telephone Number 305-460-9900
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
None
Javier F. Avino
Owner(s) or Attorney Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Legal Description
) or Attorney Signature
The foregoing was acknowledged before me this 2-5 day of
20 U7 , by Javier F. Avino 1r
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. 01-06-06 6
Sign
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MARISO Gs
,P '- Notary P Sta; Florida
-Wry Co n mission Expires Sep
Commission M DD 553129
% 0� Bonded By National Notary Assn,
4nN�
DISCLOSURE OF OWNERSHIP
3. 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) Rafael Kapustin, as Trustee
Subject Property Address(es) approx. 201 and 229 NE 2 Avenue and 200 NE 3 Street
See attached Exhibit "A"
Telephone Number
E-mail Address
Rafael Kapustin 35%, Sara Kapustin 35% Andrew J. Kapustin 15% and Gina E.
Kapustin 15%
4. 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
or Attorney Signature
The foregoing was acknowledged before me this day of
20 67 , 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. 01-06-06 7
Sig :tur
.. Notary Publi Star: : F'oa
• _My Commission Expires Sep 17,
., As Commission # OD 553129
,,, , ,, Bonded By National Notary Assn.
EXHIBIT 'A'
LEGAL DESCRIPTION.•
The North 100 feet of Lots 11 & 12, Block 100 of NORTH CITY OF MAX according to the plat thereof, as
recorded in Plat Book -B at Page 41, of the Public Records of Miami-Dadk County Florida.
and
The South 50 feet of Lots 11 and 12 in Block 100 of NORTH CITY OF MIAMMI, according to the plat thereof, as
recorded in Plat Book B at Page 41, of the Public Records of Miami -Dade County, Florida.
and
The East 40 feet of Lot 13 and all of Lot 14, Block 100 of NORTH CITY or IIAMI, according to the plat
thereof, as recorded in Plat Book B at Page 41, of the Public Records of Miami -Dade County, Florida.
Sheet 1
Trelcom Development, Inc.
100%
S/H
TRG-Downtown Loft III, Inc.
10% GP
179518774
1000%
.10% GP
See Sheet 2
99.90% LP
Trelcom Development, Ltd.
99.90% LP
Sheet 2
/100% S/H
Perez Ross Holdings, LLC
100%
Member
Related General of Florida, LLC
N25% GP
� 100%
Member
Related Florida, LLC
/75% GP
15%LP
Sheet 3
100%
Member
4.5%LP
Michael J. Brenner
1% LP
99.5%
Member
.5% 100%
Member S/H
Yukon Holdings, L.L.C.
/OLP
1.2305% GP
*NOTE: The complete ownership structure
of Stephen M. Ross' 85.2695% beneficial
interest as a limited partner is not included.