Loading...
HomeMy WebLinkAboutApplication & Supporting DocssGF• HEARING BOARDS 444 SW 2nd 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). 1, Tony Recto, Esq., on behalf of Pinnacle Place LTD, the Owner, hereby apply to the Miami Zoning Board for approval of a Special Exception for the property located at 5600 NE 4t" Avenue and 368 NE 57th Street, folio numbers 01-3113-065-0330 and 01-3113-065-0340, respectively. 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 4" 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 8rh 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, 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? 1.06 acres (net) What is the purpose of this application/nature of proposed use? The proposed use is a 137-unit affordable housing development which is permitted within the C-1 district. This application seeks to obtain a 28.3% reduction in the required parking for the development pursuant to Section 917.6 of the Zoning Code, Rev. 08-16-06 2 12. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning Department on the 3" Floor for information. NO 13. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning Department on the 3`d Floor for information. NO 14. 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. 15. 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 Name Tony Recio, Esq. Telephone 305-854-0800 Address 2665 South Bayshore Drive, # 420 Miami, Florida 33133 Application Date October 5, 2006 E-mail Address trecio()wsh-law.com STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this day Ober 2006, by Tony Recio. Esq. who is an agent of Pinnacle Place LTD, the Owner, a Florida partnership. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Sign R - R>0 fl (i omonEvILLA MY NMISS1ON # ➢0 2222 3 EX, . ES: Se,=mb s 13, 2007 dende5 Thru Bud ai vita€y Services Rev. 08-16-06 3 EXHIBIT "A" ADDRESSES: 5600 NE. 4th Avenue, Miami, Florida, 33137 368 NE 57t'' Street, Miami, Florida, 33137 LEGAL DESCRIPTION: Lots 1, 2, 3, 18, 19, 20, and 21., :Block 3, DIXIE HIGHWAY TRACT, according to the Plat thereof, as recorded in Plat Book 5, Page 24, of the Public Records of Miami -Dade County, Florida. AFFIDAVIT OF AUTHORITY TO ACT Before me, the undersigned, this day personally appeared Mitchell Friedman, Partner in Pinnacle Place LTD, 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, 0 including or 0 not including responses to day to day staff inquiries in which case Tony Recio, Esq. should be contacted at (305) 854-0800 or trecio@wsh-law.com. 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. Mitchell Friedman Applicant(s) Name STATE OF FLORIDA COUNTY OF MIAMI-DADE �' fs Applicant(s) Signature The foregoing was acknowledged before me this day of October 2006, by Mitch Friedman who is a Partner in Pinnacle Place LTD a Florida partnership. He/She is personals tom or who has produced as identification and who did (did not) take,an oath. (Stamp) A A, TORRES Y CO . SSI0N 4 D0 29469 ES: Nilo, 22, 2006 bonded Thru Nv'19'Y tintlerwrt Rev. 08-18-06 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) Pinnacle Place, LTD Subject Property Address(es) 5600 NE 4th Avenue and 368 NE 57th Street, Miami, Florida 33137 Telephone Number Lauren Levrant 305-854-7100 or c/o Tony Recio, Esq. 305-854- 0800 E-mail Address llevrant(a�pinnaclehousinq.com or trecioCa�wsh-law.com Af(ct(,46-b cami, hiT44614. Fee 4'' ' f dA v00 L#✓7- 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 Tony Recio Legal Description Owner(s) or Attorney Name ier(s) or Attorney Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 5th day of October 20 06 , by Tony Recio who is a(n) agent of PINNACLE PLACE LTD a partnership. He is perso who has produced as identification and who did (did not) take an oath. (Stamp) Signature EXPIRES: SO(0 i3, 2•3 r Soderl itrfu BudSetNct Y GOMM l« Rev. 09-20-06 WEISS SEROTA HELFMAN PASTORIZA DOLE & BONISKE, RA. MITCHELL A. BIERMAN NINA L. BONISKE MITCHELL J. DURNSTEIN JAMEE ALAN COLE STEPHEN J. HELFMAN GSLBERTO PASTORIZA MICHAEL S. POPOK JOSEPH H. SEROTA SUSAN L. TREVARTHEN RICHARD JAY WEISS DAVID M. WOLPIN LYNN M. DANNHEISSER IGNACIO G. DEL VALLE DOUGLAS R. GONZALES MELISSA P. ANDERSON` LILLIAN ARANGO DE LA HOZ• JAMES E. BAKER JEFF P.H. CAZEAU RAQUEL ELEJABARRIETA VIA HAND DELTVERY Ms. Teresita Fernandez City of Miami Hearing Boards 444 S.W. 2nd Avenue Miami, Florida 33131 ATTORNEYS AT LAW MIAMI-DADE OFFICE 2665 SOUTH BAYSHORE DRIVE SUITE 420 M1AMI, FLORIDA 33133 TELEPHONE 305-854-0800 TELECOPIER 305-854-2323 WWW.WS H-LAW. CO M 8ROWARD OFFICE 200 EAST 8ROWARD BOULEVARD • SUITE 1900 FORT LAUDERDALE, FLORIDA 33301 TELEPHONE 954-763-4242 • TELECOPIER 954-764-7770 •OF COUNSEL October 5, 2006 Re: Application for Special Exception for Pinnacle Place Dear Ms. Fernandez: PAUL S. FIGG CHAD FRIEDMAN GREGORY A. HAILE JOHN J. KENDRICK III KAREN LIEBERMAN• JOHANNA M. LUNDGREN ANDREW W. MAI MATTHEW H. MANDEL ALEXANDER L. PALENZUELA-MAURU CHRISTINA PRKIC JOHN J. QUICK ANTHONY L. RECIO SCOTT A. ROBIN GAIL D. SEROTA. JONATHAN C. $HAMRES ESTRELLITA S. SiBILA EDUARDO M. SOTO MICHAEL L. STINES JOSE 5. TALAVERA STEVEN E. TAYLOR JAMES E. WHITE CLINTON A. WRIGHT III* Our firm represents Pinnacle Place, LTD (the "Applicant"), which owns the properties located at 5600 NE 4th Avenue and 368 NE 57th Street in Miami, Florida (the "Property"). The Property is zoned C-2 Liberal Commercial and is designated Restricted Commercial in the City Comprehensive Development Master Plan. The Property consists of 1.06 net acres. The Applicant intends to develop the Property with a 137-unit multifamily affordable housing development which was originally approved by the Zoning Board on January 10, 2005, pursuant to Resolution No. 2005-0966, copy enclosed. The Zoning Board approved an extension of time for the special exception on November 14, 2005 by Resolution No. 2005-1109, copy enclosed. Subsequent to the approval of the extension of time, a concerned neighbor filed an appeal. After public hearing before the City Commission on January 26, 2006, the Zoning Board approval of the extension of time was affirmed by the Commission. A copy of the legislative reports for the appeal is enclosed. The purpose of this special exception is to seek approval of a parking reduction of approximately 28.3% pursuant to Section 917.6 of the Zoning Code which permits a reduction of Ms. Tcresita. Fernandez October 5, 2006 Page 2 up to 50% for affordable housing developments. Specifically, the Applicants are proposing to provide 180 parking spaces where the Zoning Code requires 251 spaces. The development has already received preliminary funding approval from the Florida Housing Finance Corporation, which administers the affordable housing funding program for the State of Florida. The Invitation to Credit Underwriting is enclosed with this letter. The Applicants are seeking the parking reduction because its experience with comparable developments such as Pinnacle View and Rayos del Sol has shown that the full complement of required parking is not used by their respective residents and visitors. Pinnacle View, located at 225 NE 23rd Street, includes a garage with 350 spaces. A parking survey during a two week period in September 2006 revealed that an average of only 142 spaces were used during peak times (11 PM). In an earlier parking survey of the Rayos del Sol development, 185 NW 13`"' Avenue, only 220 of the 380 spaces were normally occupied at any given time. The parking proposed for the Pinnacle Place development of 71.7% of the total required still far exceeds the 44°/© usage rate of the Pinnacle View development or the 58% usage rate of the Rayos del Sol development. Based upon the Applicant's experience, even with the proposed reduction, the development will still contain surplus parking. The parking garage has been designed to structurally support the future construction of additional parking levels should the need arise in the future for additional parking, as required by Section 917.6 of the Zoning Code. We look forward to your favorable review and recommendation of this application. Please call me if you have any questions or require additional information. TR/ms Attachments cc: Mitchell Friedman 676019 Very truly yours, Tony Recio WEISS SEROTA HELFMAN PASTORIzA COLE & BONISKE, P.A. Florida Housin Finance Corp€ r to t i n we rncke housing cFfordable Via Email August 8, 2006 David Deutch Pinnacle Place, Ltd. 9400 South Dadeland Blvd. Suite 100 Miami, FL 33156 227 North r i_ `2 St!oct, S- 7 "io€ eic 3 2au "5D.4a8 4197 • r: B50 c88,9 59 • .yam 4_ riorit.etteQs a� a Re: Invitation to Credit Underwriting 2006 Housing Credit Program Pinnacle Place 12006-048C Dear Mr. Deutch: On July 28, 2006 the Board approved the ranking of the 2006 Universal Applications. Your application for the above stated Development met the necessary criteria and obtained the sufficient number of points to be ranked within the tentative funding range of the Large County Geographic Set -Aside for Housing Credits. AS such, Florida Housing is extending an invitation to credit underwriting. Section 42 of the Internal Revenue Code, as amended. requires Florida Housing to make a determination of the amount of housing credits needed for the financial feasibility and viability of the Development throughout the credit period. The credit underwriter will perform this analysis of credit need. In addition, the credit underwriter will: evaluate the past performance of the Development Team, verify and validate information within the Application, perform other credit underwriting duties, and provide its findings and recommendation within a credit underwriting report. Based on this credit underwriting report, Florida Housing may then issue a preliminary allocation of housing credits. Pursuant to Rule 67-48, Florida Administrative Code (FAC), you must respond to this invitation to enter credit underwriting within 7 calendar days from the date of this letter. If the signed Acknowledgment is not received by August 15, 2006 this Development will forfeit its opportunity to receive a Housing Credit Allocation. Upon receipt of the attached Acknowledgment indicating your acceptance to enter credit underwriting, Florida Housing will send a copy of your Application to Seltzer Management Group, Inc (the credit underwriter assigned to your Development). The Housing Credit underwriting fee is $9,914.00 and is due and payable within seven days from the date of this invitation. This fee does not include the cost of a market study. Please make the check payable and submit directly- to: Jeb Bush, GDvemc,• Roord o1 Directors: Te -y Santini, Chairmac • Lynn M. Stutz, Vice Chairman • Tharaeys Cohen, Fx OfriiLic James E Bunks, Jr • Cesor E. Calvet • Davd E. OclIerich • J_ Lu=s Rodriguez - 'u €7 RU z • Sondra erry Stephen P Auger, Execu'-ive Dirortcr David Deutch August 8, 2006 Page 2 Seltzer Management Group, Inc 7500 McElvey Road Panama City Beach, FL 32408 Alt credit underwriting information required pursuant to Rule 6-48.0072 (FAC) must be submitted to the credit underwriter by close of business September 12, 2006. Failure to submit the required credit underwriting information or fees by the specified deadlines may result in withdrawal of this invitation and issuance of an invitation to the next eligible Applicant. Please be advised that the credit underwriter will be contacting you for an additional fee for a market study which is to be conducted at the Developer's expense by a disinterested party. Pursuant to Section 42 of the MC an acceptable comprehensive market study of the housing needs of ]ow -income individuals in the area to be served by the Development is a requirement to obtain a housing credit allocation. A Carryover Allocation Agreement will not be issued to the Development until Florida Housing is in receipt of an acceptable market study. Please forward a completed IRS Form 8821 (enclosed) for each financial beneficiary of the Development, to Florida }lousing, Attention; Amy Garman, by August 22, 2006. Your Housing Credit recommendation is contingent upon receipt of these forms. Do not send these forms to the underwriter. If you have any questions, please do not hesitate to call the Housing Credit staff at 8501488- 4197. Sincerely, nnifer Cite=ter Housing Credit Administrator Enclosures JLC cc: Jan Rayboun, Credit Underwriting Coordinator Seltzer Management Group, Inc INVITATION TO CREDIT UNDERWRITING 2006 UNIVERSAL CYCLE ACKNOWLEDGEMENT The undersigned herby acknowledges and agrees to enter credit underwriting in accordance with the terms and conditions of Florida Housing's subject letter dated August 8; 2006. Accept: X Decline: David O. Deutch Print Name Pinnacle Place 1 2O06-048C Development Name and ID Number Date This may be faxed to Florida Housing (Attention Housing Credits) at (850) 921-6060. Preparrd .8y and Return To: B£ATlt1Z M. CAPOTE, ESQ. CAPOTE & CAPOTE, P.A. 799 Briekcf Play:a, Suite 700 Miami, Florida 33131 SPEC"IAI WARRANTY IWFI] � 11II IIIll!IIII II THIS SPECIAL WARRANTY DEED Made the 8th_ day of Jully. 2005 by RAILROAD PARK, INC., a Florida corporation, whose address is 1641 Jefferson Avenue, Miami Beach. Florida 33135 (herei,after calla: the "Grantor"), to PINNACLE PLACE, LTD., a Florida limited partnership, whose address is 9400 South Dadeland Boulevard, Suite 100, Miami, Florida 33156 (hereinafter called the "Grantee"): WITNESSETH: That the Grantor, for and in consideration of the sum of TEN and NO/100 ($10.00) DOLLARS and other valuable considerations, receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto the Grantee, all that certain land situate in Miami -Dade County, Florida, viz: Lots 1, 2, 3, 18, 19, 20 and 21, BIock 3, DIXIE HIGHWAY TRACT, according to the Plat thereof, as recorded in Plat Book 5, Page 24, of the Public Records of Miami -Dade County, Florida. SUBJECT TO: 1. 2. 3. Taxes for the year 2005 and subsequent years, which are not yet due and payable. Zoning and governmental ordinances, if any. Conditions, restrictions, limitations and easements of record, if any. but this provision shall not operate to reimpose same. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE and to HOLD, the saute in fee simple forever. AND the Grantor hereby covenants with said Grantee that it is lawfully seized of said land in fee simple; that it has good right and lawful authority to sell and convey said land; that it hereby warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under the said Grantor. IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence. Print Name: RAILROAD PARK, INC,. --7 a Florida corporation;:' ,/ ▪ BY: , // ` / J/\ . (;-.-•!,-; t f?( A-RIf.SOfi 7President '.�L� Print Name: A-ACI.3. CoFit°7- STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before the this `. ▪ day of July, 2005, by MARK SOYKA as President of RAIL ROAD PARK, INC., a Florida corporation, who is personally known tome or who produced as identification. f i, i My Commission Expires: NOTARY PLi LIC Print Name: p—fr,(° €l` ;`,ct 1/3'17':? C.ii sod"' "viSISS D37aFa7 t' 38nu5�12n, 26i+7