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
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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
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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
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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
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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
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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
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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 $324,098.80 to the Affordable Housing Trust Fund administered by
the City of Miami;
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M.A41OR USE SPECIAL l E.R 'IIT, as per AR`rR$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.
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Fri isco . Gonzalez
ng Plans Reviewer
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