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HomeMy WebLinkAboutI.A. Application for a Major Use Special PermitHEARING BOARDS 444 SW 2nd Avenue, 7th Floor • Miami, Florida 33130 Telephone 305-4 16-2030 • Fax 305-416-2035 www.miariov.comlhearin 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. III Applications given to customers do not constitute action from the City of Miami without plans review and written comments from the Office of Zoning. MIAMI 13088 82.1 7604424899 • Before emu'.=.'rY114t§: an application for Major Usc Special Permit (MUSP) rho appilcca it snail confer mail the zoning administrator and file directot of the Pianniro Depcf tmerR or tiler designee to obtain information and guidance before :nttiatbng the process, if is intended that the MUSPs be requ{red 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 amsncied.) The director of the Planing depot"t lent shall make recommendations on ail ap tions for MUSPS and for any amendments thereto and shall transmit said applications and recommendations to the Panning 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, Tina# 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. A_ Vicky Garcia -Toledo, Esquire, P.A. , as attorney for Owners, 25 Plaza Corp., a Florida corporation., hereby apply for approval of an office tower, a Major Use Special Permit at 250 NE 25th Street (and additional addresses listed in Exhibit A), and in support of that request, furnish the following: I. 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) Planninc 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) 81/2x11" 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. 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 oescr;ptior�. tyllAr.v.1 308882,1 76 4424899 2 • 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 projectfproperty site? 83,535 sq, ft. or 1.92 gross acres 12. What is the purpose of this application/nature of proposed use? Substantial Modification of an A roved Ma.or Use S ecial Permit fora arkin edestal and office buildin 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 3ra 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. 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 1/2 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. MAW 1308882.1 7604424899 • Telephone 305-350-2409 23. Ail documents, reports, studies, exhibits (8 �% x11 ") or other materials to be submitted at the hearing shall be submitted with this application and wil 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 $ 9,157,50 b) Additional fee for any required special permits; such as, Comprehensive Plan, Zoning Atlas, Special Exception(s) and/or Variances; $ 1.150.00 Advertisin Surchar e ci Public hearing and public meeting mail notice fee 1 631.00 d) Total: $ 11,938.50 *Pursuant to Ordinance 12719, all planning and zoning fees in excess of $25, 000, 00, shall be paid in the form of a ' �h'cashier`s check, or money order. Signature Address Biizin Sumberg Baena Price Axelrod LLP Name A. Vicky Garcia -Toledo 2500 Wachovia Financial Center 200 South Biscayne Boulevard Miami, Florida 33131 Date June ,6, 2007 E-mail Address vgtc bilzin.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 on June 5 , 2007, by A. Vicky Garda -Toledo, Esquire, P.A., a corporation. She is personally known to me and did not take an oath. (Stamp) oaA Y COMMISSION # DD 637 EXPf 'E » February 6, 201 Instirame Ag MJAMi 1308882.1 7604424899 4 • Biscayne Park I€ EXHIBIT "Age COMPLETE LEGAL DESCRIPTION LEGAL DESCRIPTION PARCEL ALL OF LOT 10 AND 11 LESS THE WEST 10 FEET THEREOF FOR STREET, IN BLOCK 3, OF BIRD SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 4 AT PAGE 82, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. LESS THE EXTERNAL AREA OF A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF TWENTY-FIVE FEET (25') AND TANGENTS WHICH ARE TWENTY-FIVE FEET (25') SOUTH OF AND PARALLEL WITH THE CENTERLINE OF NE 25 STREET AND THIRTY-FIVE EAST (35'E) OF AND PARALLEL WITH THE CENTERLINE OF NE 2 AVENUE. (ORB. -23538, PG. -2840) PARCEL I! LOT 9, BLOCK 12, OF EDGEWATER, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2 AT PAGE 31, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA .(ORB. - 23538, PG. - 2840) -AND- LOT 10 AND 11, LESS STREET RIGHT-OF-WAY, BLOCK 12, OF EDGEWATER, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2 AT PAGE 31, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. (ORB. - 23538, PG, - 2839) -AND- LOT 8, BLOCK 3, OF BIRD'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, PAGE 82, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. (ORB. - 21683, PG. - 1425) -AND- LOT 6, BLOCK 3, OF BIRD'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, PAGE 82, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. (ORB. - 21683, PG, - 1420) -AND- MIA 1308882.1 7604424899 • LOT 6, BLOCK 12, OF EDGEWATER, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 31, OF THE PUBLIC RECORDS OF MIAMI-DADE. COUNTY, FLORIDA, (ORB. -21683, PG. - 1418) -AND- LOT 9, BLOCK 3, OF BIRD'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, PAGE 82, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. (ORB. - 21684, PG. - 2103) -AND- LOT 1, 2, AND 3, IN BLOCK 3, OF BIRD'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, PAGE 82, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LESS THAT PORTION OF SAID LOT 1, BLOCK 3 WHICH LIES IN BISCAYNE BOULEVARD. (ORB. - 21684, PG. - 2102) -AND- LOT 4, IN BLOCK 3, OF BIRD'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, PAGE 82, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. (ORB. - 21684, PG. - 2102) -AND- LOT 5, IN BLOCK 3, OF BIRD'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, PAGE 82, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA (ORB. - 21684, PG. - 2102) -AND- LOT 7, IN BLOCK 3, OF BIRD'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, PAGE 82, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA (ORB. - 21684, PG. - 2102) - AND LOT 4, IN BLOCK 12, OF EDGEWATER, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 31, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. (ORB, - 21684, PG. - 2102) -AND- LOT 5, IN BLOCK 12, OF EDGEWATER, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 31, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. (ORB. - 21684, PG, - 2102) CONTAINING 89,130.25 S.F. OR 2.046 AC. ± MIAMI 1308882.1 7604424 899 Address 2450 BiSCAYNE BLVD 258 NE 25 STREET 250 NE 25 STREET 242 NE 25 STREET 234 NE 25 STREET 226 NE 25 STREET 218 NE 25 STREET 202 NE 25 STREET 2403 NE 2 AVENUE 219 NE 24 STREET 243 NE 24 STREET 251 NE 24 STREET 261 NE 24 STREET 265 NE 24 STREET Addresses & Folios Folio 01-3230-023-0220 01-3230-023-0250 01-3230-023-0260 01-3230-023-0270 01-3238-023-0280 01-3230-023-0290 01-3230-023-0300 01-3230-023-0310 01-3230-026-0950 • 01-3230-026-0940 01-3230-026-0910 01-3230-026-0900 01-3230-026-0890 01-3230-026-0891 MIAMI 1308882:; 7504424899 BISCAYNE PARK II ADDENDUM TO APPLICATION FOR SUBSTANTIAL MODIFICATION OF AN APPROVED MUSP FOR AN OFFICE BUILDING June 2007 Note I. Request for Major Use Special Permits for: a) To construct a parking structure containing over 500 spaces (additional 434 over and above the previously approved 331 parking spaces). b) A Planned Unit Development to allow a 20% increase in FAR. c) Contribution to the Affordable Housing Trust to allow a 25% increase in FAR. Note 2. a) Class II to for proposed off-street loading facilities or for substantial modifications of existing facilities. b) Class II to allow reduction of loading berth dimensions. c) Class II to allow temporary structures, occupancies and uses reasonably necessary for construction. Note 3. a) Class i to permit special events. b) Class I to permit parking for special events. c) Class I to allow off-street offsite parking for construction crews. d) Class I to permit temporary structures such as: trailers for sales, construction offices, watchman's quarters etc. e) Class 1 to allow temporary development signs. Note 4. To request from the City Commission: a) A waiver from the noise ordinance during the required concrete pours and construction equipment for construction of the project. MiAM11308882.1 7604424899 • Note 5. To apply for all lesser permits as may be required to allow development and construction of this phase project as contemplated under this Major Use Special Permit application as submitted and as per plans on file. Note 6. The above Major Use Special Permit is to encompass all lower ranking special permits necessary to complete the projects as per plans under Tab 64 MI AMI 1308882.1 7604424899 BIS('.:'NI9: DARK 11 2403 N. AVENUE ( BS AN fIAL AMEN ENT TO 1'1IL BISCAYNE PARK PROJECT" ND R CONSTRUCTION CTION WITH BUILDING PERMIT No, 05-5019275 (,_1 RESTRICTED COMMERCIAL WITH SD-20.1 BISCAYNE BOULEVARD EDGLWATER OVERLAY DISTRICT APPLICATION FO.R A SUBSTANTIAL AMENDMENT TO MAJOR USE SPECIAL PERMIT WITH RESOLUTION No. 05-0273 SUBJECT TO COMPLIANCE WITH ZONING ORDINANCE 11000 and THE CITY CODE, AS AMENDED, AND TO ALL APPLICABLE CRITERIA, CONSIDERATIONS AND/OR OTHER REGULATIONS. MUSP Resolution 05-0273 approved the construction of a 277 feet high A.G.Lm, 26 story high Mixed Used structure consisting of approximately 214 total multifamily residential units, with recreational amenities, approximately 6,843 square feet of retail space; approximately 12,384 square feet of office space; and approximately 331 total parking spaces; providing for certain floor area ratio ("FAR") bonuses; directing transmittal; making findings of fact and stating conclusions of law; providing for binding effect; containing a severability clause and providing for an effective date, as Phase 1 of the project. The proposed development "Biscayne Park II" will be comprised of adding to the Biscayne Park Project approved under MUSP resolution .R-05-0273, a new detached free standing Commercial Structure with approximately 122,100 square feet of office floor area, approximately 9,952 square feet of retail floor area, 362 square feet of residential lobby and 432 off-street parking spaces, as Phase II of the project. The total project when completed, will have the residential component of 214 residential units approved by building permit, an office component increased from 12,384 square feet approved by building permit to 134,484 square feet, a retail component increased from 6,843 square feet approved by building permit to 16,795 square feet, and parking spaces increased from 331 approved by building permit to 763 parking spaces. The proposed new building will have a maximum height of 154 feet 10 inches AGL/ 169 feet 4 inches NGVD at top of parapet. Pursuant to Zoning Ordinance 11000, as amended, Supplement 17, the Zoning Ordinance of the City of Miami, Horida, the subject proposal for Biscayne Park II at 2403 NE 2" Avenue, Miami, Florida, has been submitted and :reviewed to allow an application for a substantial amendment to the Major Use Special Permit, subject to all applicable criteria; MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701. Definition (8) and ARTICLE 9, Section 914, Sub -Section 914.1 Dwelling unit, square footage, and off-street parking bonuses for contribution to Affordable Housing Trust Fund; exceptions, to allow an increase up to twenty (25) percent of additional floor area as a development bonus of approximately 26,137 square feet, the user shall make a non-refundable bonus developer contribution of an amount of $324,098.80 to the Affordable Housing Trust Fund administered by the City of Miami; • • • M.A41OR USE SPECIAL l E.R 'IIT, as per AR`rR$LE 17, Section 1701, Definition (9) and 12'I"ICi E 5, Sect. 502. PU1) districts; minimum area, maximum densities and maximum floor area ratios permitted (a)(c)„ to allow up to 20 'Yo increase of floor area ratio, for an increase of approximately 110,910 square feet of floor area; MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. Section .1.701, Definition (7), for and single use or combination of uses requiring or proposing to provide: in excess of lire hundred (500) off-street parking spaces; The Major Use Special Permit encompasses the following Special Permits and the additional requests: CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 922, Sub -Section 922.4 (c) Special permit required for proposed off-street loading facilities or for substantial modifications of existing facilities, to allow maneuvering of trucks on public right-of-ways with referral to Public Works Director; CLASS 11 SPECIAL PERMIT, as per ARTICLE 9, Section 923, Sub -Section 923.2, Sub - Section 923.2.1.. Reduction in stall dimensions by Class II Special Permit; criteria and limitations on reductions, to allow reduction of loading berth dimensions as follows; Required Three (3) 12 feet wide x 35 feet tong x 15 feet high Proposed Three (3) 10 feet wide x 20 foot long x 15 feet high CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 927. Temporary structures, occupancies, and uses during construction, criteria for special permits, to allow temporary structures, occupancies, and uses reasonably necessary for construction such as construction fence, covered walkway and if encroaching public property must be approved by other city departments; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 906, Sub -Section 906.9. Temporary special events; special permits; criteria, to allow temporary carnival, festival, fair or similar type event on privately owned or City -owned land such as a ground breaking ceremony; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 916, Sub -Section 916.2.1. Temporary special event parking, to allow parking for temporary special event such as ground breaking ceremonies; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 918, Sub -Section 918.2. Temporary off-street offsite parking for construction crews, criteria, to allow temporary off-street offsite parking for construction Brews working on a commercial -residential project under construction; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 920, Sub -Section 920.1.2. Limitations on occupancy of mobile homes, to allow parking of mobile hones, trailers or purposes-t.?nne t on �ith land manufactured hosnas, ���l�e;n ����.tl7��r�z���� 1€��r scL���rit�:� or other d elopme t sueh as construction trailers) and other temporary construction offices such as watchman's quarters, leasing and sales e'en CLASS l SPECIAL 'PERMIT, as per. ARTICLE 10, Section .1O.5, Sub -Section 10.5.4.3, C-1 Restricted Commercial, Temporary Signs (3), to allow temporary development signs: REQUEST, :tor waiver of CHAPTER 36 NOISE, Section 36-6 Construction Equipment (a) permitting the operation of construction equipment exceeding the sound level of a reading of 0.79 weighted average dBA at any time andlor day subject to the City Manager Exception pursuant to Section 36-6 (c) and all the applicable criteria; REQUEST :or applicable MAJOR USE SPECIAL PERMIT, that the following conditions be required at the time of issuance of Shell Permit instead of at issuance of Foundation Permit: - 'T'he requirement to record in the Public Records a Declaration of Covenants and/or Restrictions providing that the ownership, operation and maintenance of all common areas and facilities will be by the property owner and/or a mandatory property owner association; - And the requirement to record in the Public Records a Unity of Title or a covenant in lieu of a Unity of Title. • Fri isco . Gonzalez ng Plans Reviewer •