HomeMy WebLinkAboutZB Application & Supporting DocsHEARING BOARDS
444 SW 2nd Avenue, 7th Floor • Miami, Florida 33130
Telephone 305-416-2030 e Fax 305-416-2035
www.miamigov.comlhearinq 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).
I, Tony Recto, Esq. on behalf of Pinnacle Plaza, Ltd., hereby apply to the Miami Zoning
Board for approval of a Special Exception for the property located at 3650 NW 36 ST, folio
number 01-3128-014-1830,
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 8tr Floor, (2) Zoning on the 4tr 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) 8Y2x11"
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? 1.05 +1- acres
12. What is the purpose of this application/nature of proposed use? Special exception to allow a
multi -family residential affordable housing development in the C-2 District; Special exception to
allow parking reduction pursuant to Sec. 917.6.
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
Rev. 09-20-06 2
14, Is the property within the boundaries of an Environmental Preservation District? Please 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 2525 Ponce de Leon Blvd, #700
Name Tony Recio, Esq.
Telephone (305) 854-0800
Miami, Florida, 33134
E-mail trecio(a7wsh-iaw.com
The application submittal date is the date stamped by Hearing Boards' staff on the front
page.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
f
g 1
The foregoing was acknowledged before me this (-../' day of•""€.-)
2007, by Ton Recio Esho - an agent of Pinnacle Plaza, LTD, a Florida limited
partnership. He is per onall e or who has produced as
identification and whodid (did not) take an oath. --=--- 1
(Stamp)
Sign.
Rev. 09-20-06
3
Exhibit l'A"
LEGAL DESCRIPTION
Lots 11 through 23, Block 71, of Melrose Heights 5th Section,
according to the Plat thereof, as recorded in Plat Book 17, Page
22, of the Public Records of Miami -Dade County, Florida.
CERTIFIED PARTNERSHIP RESOLUTION
THE UNDERSIGNED, as the Managing Member of PHG — PLAZA, LLC, a Florida
limited liability company, who is the sole General Partner of PINNACLE PLAZA, LTD, a
Florida Limited Partnership, (the "Partnership"), certifies that the following is a true and correct
copy of the resolutions adopted by the its partners at a meeting held on
at the offices of the Partnership,
RESOLVED by the partners of this Partnership that the Partnership
consents to and joins in the filing with the City of Miami a special
exception application (the "Application") for the property described in
the attached Exhibit "A"; and be it
FURTHER RESOLVED that Tony Recio. Esq. and Estrellita S. Sibila,
Esq. of the law fiirn of Weiss Scrota Helfman Pastoriza et al, are
authorized, directed and empowered to execute any and all
applications, petitions, and other documents pertaining to the
Application.
The adoption of said resolutions was in all aspects legal; and that said resolutions are in full force
and effect and have not been modified or rescinded.
Dated this _ day of February, 2007.
PINNACLE PLAZA, LTD, a Florida
Limited Partnership
By: PHG - PLAZA, LLC, a Florida limited
liability company,
Its General partner
By: MITCHELL M. FRIEDMAN
Its: Managing Member
ACKNOWLEDGEMENT ON NEXT PAGE
State of Florida
County of Miami -Dade
I HEREBY CERTIFY THAT on this day, before me, an officer duly qualified to take
acknowledgments, personally appeared Mitchell M. Friedman, the managing member of PHG ---
PLAZA, LLC, a Florida Limited liability company, who is the sole General Partner of
PINNACLE PLAZA, LTD, a Florida Limited Partnership, to me personally known [ ] or
produced identification in the form of , wli executed the
foregoing resolution and acknowledged before me that he executed the same for the purposes
herein expressed.
WITNESS my hand and seal in the co
2007.
Si.gnature of Notary Public
e last aforesaid, this day of February,
AFFIDAVIT OF AUTHORITY TO ACT
Before me, the undersigned, this clay personally appeared Tony Recio. Esq., who being by
me first deposes and says:
1. That he is 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 represents, if any, have given his/her full and complete permission for
him 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 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.
Tony Recio
Attorneys Name Applicant(s) Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this day of
2007, by Tony Recio, Esq. who is an agent of Pinnacle Plaza, LTD, a Florida limited
partnership. He is per nail kn t or who has produced Lp. as
identification and who -did (did not) take an oath. si,/f
(Stamp)
DISCLOSURE OF OWNERSHIP
I. 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 Plaza, LTD
Pinnacle Plaza
LTD
PHG Piaza, i_Lc
Mitchell M. Frfedrrlan
Managing Member
25%
I
I- David 0. Deutch ]
Managing Member
25%
[ Managing Member
25%
mf-ohael Wont
-
Louis VVolfson
Managing Member
25%
Subject Property Address(es) 3650 NW 36 Street
Telephone Number (305) 854-0800
E-mail Address trecio@wsh-law.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
NONE
Tony Recio, Esq.
Attorney Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Legal Description
Atey Signature
‘-‘_:)
The foregoing was acknowledged before me this day of
2007, by Tony Recio, Es ho is an agent of Pinnacle Plaza, LTD, a Fa lorid-ilmited
partnership. He is sonally known me or who has produced
identification and vv a_ id not) take an oath,
(Stam
as
Exhibit "A"
LEGAL DESCRIPTION
Lots 11 through 23, Block 71, of Melrose Heights 5th
Section,
according to the Plat thereof, as recorded in Plat Book 17, Page
22, of the Public Records of Miami -Dade County, Florida.
CITY OF MI MI.
HOUSING CERTI EIC; T[O:
ACL PL.
3650'\13(.STRPn7MI M
PM AGLE PLAZA IS 1:7B I9 ) 5TORY RF tDENTIAL BUILDING AND
4E.iAEiD rAE$4.NG f .Y�.I.J _ F rn-.s.o .Ij.J .rv* THE UNE!' .A",ND
APARTMENT SIZES:
iBEDROOM.,`'1 . T 1-1= 2.0 ;NITS ;e 665 5V, ;..,: n L: r
BEDROOM 2 L<;nI =1) TJ :CIS 3045 SQ. E C F
TOTAL t5Nns � 104
is :..;
it 1
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Wirfigitar
- EN.1 Lit i':
1G Si_hy
t( FoR
: Fl Ift.; WTTH 3
VERSQ.7:., M.' t TO ME
TKE APPLICANT HEREn (TIPMS ME ABOVE PROJECT ,TORAATION TO BE TRUE ,-‘ND
ACCURATE A:ND ACKNOWLEDGES THAT ANY BUILDING RELvIIT ISSUE HERITROM WILL BE
CO N D ON TT-T,E ACC: ..FRACY AND ELILLFZE,MNT OF -am INFOKMA1
/
FFORDA.E31„ t.7 Fr IT
.1i•BLOT. 6 fj 5 FT -
n1;,E.0 014 Ap TROX . 8 6 ()SC, . .
REDRC.-CM Ll 4 S
PT .AZA -S W TO
77'7i E A.R 3 t -.6 LL 1,j
R.ENTAT. APIQT.J.r.47S hiE .1i-;',ST7:,11,1,2 SEED
TC17-L NTTPIEF" OF t1.1T5 =
. 9 U. HUD Isi••::.•.4c LTX-TS FY 2 0
i).
- . . .
, rE4W.1141r I 14ribiffg PrIt`k7IN
•
N,R....d tiatz ; i S'2, i :36':' ! F,'i 5.7 c. • ;:isi
Iinnotry._: '. VrA, I
AVC114.8k/Z Of PL:RSONS itSSiS TED PR1jr.,J•7"L;ii0LEA'`.(..'071:
Ava-4.3E O -El-att, (3) PERSONS REF_ HOT.ELHOLD WILL. :BE,
SERVF-.D WITH THIS DE\'ELOPMENT, THEREFOR E, AvE RAG E
Ni8F_R OF PERSONS: PINNACLE PLAZA A7 'iLL s',z_RVE Is 396
Applicant's Sigiattire:
Title: Vice President of PHG-Plam LLC
General Partner of Pinnacle Plaza, Ltd,
THE DERARTMa7 OF COMMILNTrY• HAS REVIEWED THE TNFOKAATION is BOVE HAS
DET13'ED THAT T.HE APPLICANT'S PROJECT IS 1.,'"; AFFORDABL 5 WITH
AFFORDABLE -UNI7S.,
Reviewer's Name:
Till
Cti
A.p pi aant dnhd tams
,baniel A, Rofnnd
.A.ssi.star,t Dirt(ctor
. •
Corforuorty
E17,-,v2r/prnvit
1
State of Florida
Department of State
I certify from the records of this office that PINNACLE PLAZA, LTD.
is a limited partnership organized under the laws of the State of Florida,
filed on July 28, 2004.
The document number of this limited partnership is A04000001243.
I further certify that said limited partnership has paid all fees due this
office through December 31, 2006, and its status is active.
Given under my hand and the Great Seal of
Florida, at Tallahassee, the Capital, this the
Twenty Fifth day of January, 2007
Secretary of State
Authentication ID: 200086211442-012507-A04000001243
To authenticate this certificate,visit the following site, enter this
ID, and then follow the instructions displayed.
www.sunbiz.orglauth.html
111111111111111111111111111111111111111111111
This instrument prepared by:
Vivian de las Cuevas -Diaz, Esq.
Weiss Serota Hellman Pastoriza
Cole & Boniske, P.A.
2665 South Baysbore Drive
Suite 420
Miami, FL 33133
Record & Return to:
Shuns & Bowen, LLP
1500 Miami Center
201 S. Biscayne Blvd.
Miami, FL 33131
WARRANTY DEED
CFN 2OO5RO559137
OR Bk 23430 Fss 1447 - 1448; (2Pss`r
RECORDED O6f01/2005 14:59:59
DEED DBC TAX 157000,00
SURTAX 11,250.00
HARVEY RUVINy CLERK OF COURT
rtIAMI-DARE COUNTY, FLORIDA
THIS WARRANTY DEED is made and executed this 31' day of May, 2005, by JAI -
ALAI VILLAS, LLC, a Florida limited liability company (the "Grantor"), whose mailing
address is 3031 NW 13th Street, Miami, Florida 33155 and PINNACLE PLAZA, LTD., a
Florida limited partnership (the "Grantee"), whose mailing address is 9400 South Dadeland
Boulevard, Suite 100, Miami, Florida 33156.
WITNESSETH:
That Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00)
and other good and valuable consideration, the receipt whereof is hereby acknowledged, does
hereby grant, bargain, sell, alien, remise, release, convey and confirm unto Grantee the real
property (the "Property") located in Miami -Dade County, Florida, and more particularly
described as:
Lots 11 through 23, Block 71, of Melrose Heights 5tt' Section,
according to the Plat thereof, as recorded in Plat Book 17, Page
22, of the Public Records of Miami -Dade County, Florida (the
"Property").
Folio Nos. 01-3128-014-1830; 01-3128-014-1840;
01-3128-014-1870; 01-3128-014-1880; 01-3128--014-1890;
SUBJECT TO: 01 -31 28-01 4-1 900
1. All easements, conditions, covenants, restrictions, reservations, limitations and
agreements of record, provided that this instrument shall not reimpose same.
2. Real estate taxes for the year 2005 and all subsequent years, which are not yet due
and payable_
3. Existing applicable governmental building and zoning ordinances and other
governmental regulations.
Book234301Page1447 CFN#20050559137 Page I of 2
OR EV, 23430 PG 1448
LAST PAGE
TOGETHER with all the tenements, hereditaments and appurtenances belonging or in any
way appertaining to the Property.
TO HAVE AND TO HOLD the same in fee simple forever.
AND GRANTOR hereby covenants with Grantee that Grantor is lawfully seized of the
Property in fee simple; that Grantor has good right and lawful authority to sell and convey the
Property; and that Grantor does hereby fully warrant the title to the Property and will defend the
same against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, Grantor has caused this Warranty Deed to be executed as of
the day and year first written above.
STATE OF FLORIDA
SS:
COUNTY OF MIAMI-DADE
JAI -ALAI VILLAS, LLC,
a Florida limitability company
MARIO DE LAS C
Managing Member
The foregoing instrument was acknowledged before me this 31" day of May, 2005, by
Mario de las Cuevas, Managing Member of JAI -ALAI VILLAS, LLC, a Florida limited
liability company, on behalf of the Company, who (check one) s personally known to me or {
} has produced a Florida drivers license as identification.
My Commission Expires:
F \t000 1O7OfO1\Documents\Warranty Ded.dac
Notary Pu.lic
Print Name: Vi dt If1S4,143-1100-1
Boak23430/Page1448 CFN#20050559137 Page 2 of 2