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HomeMy WebLinkAboutApplication & Supporting DocsHEARING BOARDS 444 SW ri 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. 09-20-06 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). 1, Ben Fernandez, Esq. on behalf of TNA Palms, Inc., hereby apply to the Miami Zoning Board for approval of a Special Exception for the property located at approximately 7000 Biscayne Boulevard, Miami, Florida folio number 01-3218-004-0650 (Lot 24 only). 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 81h 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 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 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? 0.117 Acres 12. What is the purpose of this application/nature of proposed use? Surface Parking Lot 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. Rev. 09-20-06 2 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 for_ of a certified heckt cashier's check, or money order. Signature I Address 200 S. Biscayne Blvd. # 850 Name Ben Fernandez, Esq. Telephone 305-377-6235 Miami, FL 33131 Application Date E-mail Address BFernandez(cbrzoninglaw.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 day of January 2007, by Ben Fernandez, Esq. who is a(n) partner of Bercow & Radell, PA a(n) corporation. He is personally known to me and who did not take an oath. (Stamp) Si Rev. 09-20-06 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 helshe 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, Cl including or El 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. Applicant(s) Name STATE OF FLORIDA COUNTY OF MIAMI-DADE Applicant(s) Signature The foregoing was acknowledged before me this - °' day of January 2007, by Ben Fernandez. Esq. who is a(n) partner of Bercow & Radell, PA a(njorporation. He is personally known to me and who did not take an oath. (Stamp) Signature Rev. 09-20-06 4 AFFIDAVIT Before me, the undersigned, this day personally appeared Todd Leoni, 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. 1. 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. 2. 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. 3. The facts as represented in the application and documents submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. Todd Leoni Applicant Name Applicant Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this #_ day of /141. 20 , by 72>dd 4,eQ I1) who is a(n) individual/partner/agent/corporation of 77144 /4f,444 a(n) individual/partnership/corporation. He/She is personally known to rye or who has produced _ {S P /fcrcU ,0;4�yr r3as identification and who did (did not) take an oath. 17i,r� ti�i31nd7ewVogel (Stamp) ..ar 'V• Commission # DD270205 Signature fires: Nov. 25, 2007 1.441 4• e on NotaryG 1.80O 35O-5 iJ Rev. D 1 06-D6 4 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) TNA Palms. Inc. (Todd Leoni 100%) Subject Property Address(es) 7000 Biscayne Boulevard, Miami, FL (Folio Number 01-3218-004-0650 — LOT 24 ONLY) Telephone Number 305-377-6235 E-mail Address BFernandez(cBRZoningfw.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 Legal Description Ben Fernandez, Esq. Owner(s) or Attorney Name STATE OF FLORIDA COUNTY OF MIAMI-DADE / r , Owner(s) or Attorn y Sig The foregoing was acknowledged before me this day of January 2007, by Ben Fernandez, Esq. who is a(n) partner of Bercow & Radell, PA a(t ;corporation. He is personally known to me and who did not take an oath. (Stamp) Sign' Rev. 99-20-06 Exhibit A Legal Description Lot 24, Block 2 of BAYWOOD, according to the plat thereof as recorded in Plat Book 5, at Page 85 of the Public Records of Miami -Dade County. State ofFlorida Department of State I certify from the records of this office that TNA PALMS, INC. is corporation organized under the laws of the State of Florida, filed on September 29, 1992. The document number of this corporation is V67251, 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 January 6, 2006, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of Florida, at Tallahassee, the Capital, this the First dais of June, 2006 a fa'f Secretary of State Authentication 11): 600075673026-060106-V67251 Jo authenticate this cef-tifcate,visit the following site, enter this ID, and then l0llow the Instructions displayed. www.sunbiz.org/auth.html • •. iltt, Vnrlrxfsatcllt a-nf gracjurscl try, recoftl Arid test€r11 lot SAnsurl Sjrerlcrr l klllt, 1:a:vim Altattscry at 1-aw Smile 10[. 1c s h'I"t�rz5sil Avcntse (Tsx,nart (:rave, 1 1urttla 11134 7C5/554-19A5 0f Rfi 26p1;26!6 SPECIAL. WARRANTY DEED 99RO 1 i987 1999 .IAN 053 11300 DOCSTPDEE 330.00 SURTX 247.50 HIARVEY MIN, (LER4t DADE COUNTY, FL 1'I Teri), Ajr}1raitcr'. !'ascrl it) N. 01,71171.004.Os,'O t;rather rig .s.1651'+1 This Sp ci.tl Warranty Deed is made by C,G I3 ]teal Estate, Inc., a Florida corporation, a Florida l'trrlttil,€11i7n ('(,r,lrlt tar"), whose :address 14; 2701 South ltayslinre Drive, Coconut {.rove, Florida 33133, to I NA Palms, Inc., a Florida corporation, ("Ciraiitrt''"), whose address is. Post Office Pinx 381703, Miami, ltlniitla 332 3/1, Grantor, for and in consideration of the slim of Teri and 00/100 Dollars (510.00) and other goal anal v.11l1,1b1C ti,nsidel',klinn paid to Grantor by Grantee, Ise rrccipt anti Stilliticncy of wlrirll 15 ketch), acknowlctii,,ed, l;r.Ilit S, b,ll'r,.l iris. sells .mil conveys to Cyr;tnirt':.11lcl trr,lntee s heirs, 5litl'eSSillS and assigns Itli ever, illr following described Loki, situate, lying and being in blianii•I)atle County, Florida:I Lots 24 and 25, less the fast 11 feet of Ian 25, in Block 2, (oi ISAYW(}t)1), according to the Plat tlieretil, as rcrlrrdletl ill P111 l5tmk 5, at Page /45, of the Public P(ctords nt 1)allc County, Florida now known as NUJ -lurid )atlr• County, Florida. Together with all easements, tenements heretbtalltrnts ,lrul aplltirlen.itltes iielintging In thy land; anti 'I'o};elltcr ss'itlr all buildiug4 anal other implovrmt1s1S now for ltelca(tes Ir,l.trrd lit the hind; anal 'I't, have and to hold the same itt fee sintplc Forever, This Cnrtveyat)cc is made stkb)Ctl ill: 5f Wherever oars! herein tlir terms 'Grarttasr' Ana "(;ranter° slt.all itrtlltSIC nlasculinc anti fcnsirti5sr, 51nktll.tr and Illurn1, heirs, leg! represe Ural;ves.lrid assigns of individu.il5 and lhC 5111'ce55nr5 ,nit! .5554;ri4 nt l'tsrlttlr.k- lions wherever the context so admits or re1ltlile5, •• l'.s};r 1 of 2 -- SaIllitel Spencer Blum 1/111;)1 ATTOr7NCY AT LAW mars T,otormt AVt545)t. 5tUire too eoemisir ariervt rt©n117A 33,33 1ttl-.r'r10rlt I507, 5StSa1.1i1r1'S rrt. rrAs iZ5O55t fS'S4 :1Jrr S° r :L,.r.�%sw. 7 a, `f'axec for the year 1999 and :all subsequent yea h. Applicable Toning rlrelivautcs; mid t:. Cotitlitic)tr4, restrtctltim, ]IrrlBt %nonS and EaSeP71enRS Uf rccrrrtj, Which are ow. tei tnposed by tills instrument: tirantor coVrttants that at rite time of delivery of this dcctl, except a ticseribcd above, the property is (tee of any encumbrance made by Grantor, and Grantor specially warrants the title to the property, and avill deknd it against the lawful claims and dcrn:atads of all persons claiming Fly, through or under Grantor, but against nunc outer. (.Brarltnr has caused tIIRS Instrument ttl be duly executed un the 19g5 Signed, sealed and delivered in presence of: By: With ss Print name: RGC C.14 ao,41 !" eIitCAcc- STATE ()I' Fl,1T) .1DA C,G,IS. Real Estate, Inc., a Florida corporation Carol P. Murphy, Vicc•i'residcnt and : 55, COUNTY OF MIAMI•DA1)1. ) `flee foregoing instrument was acknowledged before 19 7 , by Carol P. Murphy, as Vice -President and to Inc or who has produced WW1 BLUM MY COIAM e*DH I CC M4904 !Iambi Thiv Nan li0wwrlrrt Print otary s nantc C O"Il"It44T'lf"A"T"E SW"A41. chary me this lr; day ofn'/ Secretary of said corporation, personally known as idrntiflcat ion, Notary Public ant cormnicsioh number State of Florida at Large ssEvntlr January 5, 1999 p;1datatwortrintenbt tna1toRbwct Plagc 2 of 2 Samuel Spencer Blum ATTORNEY AT LAW 2015+9 T1OErlTAIL AVENUE. 51111E ipES. COCONUI ortemc. lLQRIOA 33133 IlttErt-0ONE 0051 Ago {tlwg rtECOMYf rrY Or ILK( xEt Y OS a1Xr• S?ArA: cnuw , Fa O? t & �PElLCAyR) Yv.Ay- E;ifs tiPtR r_f fUYhN Ci F s P:Wi.lU$ rnotsr 4ELEEA€4 €30J3 554•3314