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HomeMy WebLinkAboutI.A. Application for a Major Use Special PermitHEARING BOARDS 444 SW 2nd Avenue, 7r" Floor • Miai-' i, Florida 33130 Telephone 305-416-2030 o Fax 305-416-2035 www.miamigov.com/hearing 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, Applications given to customers do not constitute action from the City of Miami without 411 plans review and written comments from the Office of Zoning. 1 M I A M 1 1308 755.1 70 01426571 Before subm tting an application for Major Use Special Permit (MUSP), the applicant shall confer with the zoning administrator and the director of the Planning Department or their designee to obtain information and guidance before initiating the process. it is intended that the MUSPs be required 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 amended,) The director of the Planning department shall make recommendations on ail applications for MUSPs and for any amendments thereto and shall transmit said applications and recommendations to the Planning 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.) Final 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, E.F.C. Holdings, Inc., a Florida corporation, hereby apply for approval of Planned Unit Development, a Major Use Special Permit at 4055 SW 37t" Avenue, and in support of that request, furnish the following: 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 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 8t'' 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. 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 5 and 6). 2 MIAM 11308755.1 7001426571 10, Certified fist of owners of real estate within 500 feet of th -u ct property (see pages 7 and 8). • 11, What is the acreage of the project/property sit 335 795 so. ft, or 7.38 roes acres 12. What is the purpose of this applicationinature of proposed use? Planned Unit Development of Single Family Residential Homes with guard house/concierge entry feature 13. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning Department en the 3rFloor for information. Yes (see Approved Certificate of Appropriateness under Tab H) 14. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning Department on the 31d Floor for information. Yes (see Approved Certificate of Appropriateness under Tab H) 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 % 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, 23. All documents, reports, studies, exhibits (8 1/2 x11 ") or other materials to be submitted at the hearing shall be submitted with this application and will be kept as part of the record. M I AM 1130875 5.1 7001426571 3 24. Cost of process rtg according to Section 62-156 of the Miami City Code a) Major Use Special Permit 8,810,10 b) Additional fee for any required special permits; such as, Comprehensive Plan, Zoning Atlas, Special Exception(s) andlor Variance(s) $ 1,150.00 fAdvertisin Surchar c) Public hearing and public meeting mail notice fee $ 679.00 d) Total; $ 10,639.10 *pursuant to Ordinance 12719, all planning and zoning fees in excess of $25,000,00, shall be paid in the form ofAce :'' he.,;., cashier's check, or money order. Signature Address Bilzin Sumberg Baena Price Axelrod LLP Name A. Vick Garc`k:-Toledo 2500 Wachovia Financial Center Telephone 305-350-2409 200 South Biscayne Boulevard Miami, Florida 33131 Date June , 2007 E-mail Address vgtQbilzin.com The application submittal date is the date stamped by Hearing Boards' staff on the front page, STATE OF FLORIDA COUNTY OF MIAM1-DADE The foregoing was acknowledged before me on June , 2007, by A. Vicky Garcia -Toledo, Esquire, P.A., a corporation. She is personally known to me and did not take an oath. (Stamp) JEFFREY WATXIN MY COMMISSION # OD 345663 zi EXPIRES; August 10, 2008 Bonded Thru Pidho0 Insurance Agency 4 M lA M 11308755.1 7001426571 • GROVE ESTATES EXHIBIT "A" COMPLETE LEGAL DESCRIPTION Lot "Q' of EWANTON HEIGHTS, according to the plat thereof recorded in Plat Book "B", Page 52 of the Public Records of Miami -Dade County, Florida, The Northeasterly boundary line of said Lot `°Q" is the agreed boundary between Lots "P" and "Q" EWANTON HEIGHTS, Miami -Dade County, Florida entered into by Florence B. Nugent and husband James L. Nugent and Malcolm Matheson and Julia Matheson, his wife dated March 30, 1912 recorded in Deed Book 87 at Page 50 of the Public Records of Miami -Dade County, Florida, The Southwesterly boundary line of said Lot "Q" is the agreed boundary between Lots "Q" and "R" EWANTON HEIGHTS as recorded in Plat Book 1 Page 119 of the Public Records of Miami -Dade County, Florida, MIAM 1308755.1 7001426571 • Grove Estates ADDENDUM TO APPLICATION FOR MAJOR USE SPECIAL PERMIT Note 1. June 2007 Request for Major Use Special Permits for: a) To construct a Planned Unit Development consisting of eleven single family homes and entry feature, including a guard house and concierge building. Note 2. a) Class II to permit new construction between bay and first right-of-way for guard house and concierge building. b) Class li to allow temporary structures, occupancy and uses reasonably necessary for construction. Note 3. a) Class I to permit temporary special events, such as ground breaking ceremony. b) Class I to permit temporary special event parking. c) Class I to permit temporary off-street parking for construction crews. d) Class I to permit temporary structures such as: trailers for sales, construction offices, watchman's quarters etc. e) Class l to permit temporary signs for development in the R-1. 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. 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. MiAMI 1308755.1 7001426571 • 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 69 M IAMI 1308755.1 7001426571 GROVE ESTATES 4055 DOUGLAS ROAD R-1/S1NGL FAMHLY RESIDENTIAL, SD-.18 MINIMUM LOT SIZE OVERLAY DISTRICT ANI) NCI)-3 COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT APPLICATION TO MAJOR USE SPECIAL PERMIT SUBJECT TO COMPLIANCE WITH ZONING ORDINANCE 11000 and CITY CODE, AS AMENDED, AND ALL APPLICABLE CRITERIA, CONSIDERATIONS AND/OR OTHER REGULATIONS. The proposed development "Grove Estates" will be comprised of a maximum of eleven (11) single family residential structures, with a maximum aggregate square footage of up to 201,477 of residential floor area. The proposed single family residential structures will have a maximum height of 25 feet 0 inches A.G.L. (44 feet 0 inches N,G.V.D.) at midspan between the roof eave and ridge, and two (2) parking spaces per residential structure. The project will have an entry gate house and concierge structures with approximately 1,000 square feet of floor area, and fifteen (15) additional parking spaces. Pursuant to Zoning Ordinance 11000, as amended, Supplement 17, the Zoning Ordinance of the City of Miami, Florida, the subject proposal for Grove Estates, at 4055 Douglas Road, Miami, Florida has been submitted and reviewed to allow an application for a Major Use Special Permit, subject to all the applicable criteria; MAJOR USE SPECIAL PERMIT, as per ARTICLE 5, Section 508, Planned unit development generally .in R-1 Single -Family Residential Districts, to allow a planned unit development on properties that have been designated as historic sites, archeological zones, and environmental preservation districts; The Major Use Special Permit encompasses the following Special Permits and Requests: CLASS II SPECIAL PERMIT, as per ARTICLE 15, Section 151.1. Class II Special Permit required for any development between Biscayne Bay and the first dedicated right-of-way, to allow development on property located between Biscayne Bay and the first dedicated right-of-way, as it relates specifically to the entrance feature for the Planned Unit Development, and not the single family structures that are to be designed at a later date; 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, an 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 groundbreaking ceremonies; • CLASS I SPEC. A PERMIT, as per ARTICLE 9, Section 9.18, Sub -Section 918,2. Temporary off street offsite parking for construction crews, criteria, to allow temporary off-street offsite parking, for construction crews working: on a residential project under construction within .R-1 with SD-1 S and NC'D-3 or more permissive zoning district; CLASS 1 SPECIAL PERMIT, as per ARTICLE 9, Section 920, Sub -Section 920.1..2. Limitations on occupancy of mobile homes, to allow parking of mobile homes, trailers or manufactured homes, when authorized for security or other purposes in connection with land development such as construction trailers) and other temporary construction offices such as watchman's quarters, leasing and sales centers; CLASS 1 SPECIAL PERMIT as per A.RTICLE 1.0, Section 10.5.3.1. (2). R-1 Single -Family Residential — Sign Regulations, to allow temporary signs for development; REQUEST, for 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 and/or day subject to the City Manager Exception pursuant to Section 36-6 (c) and all the applicable criteria; REQUEST, for 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; - The 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 "land/or a mandatory property owner association; Note: This Major Use Special Permit shall not encompass the Class Il Special Permits required pursuant to Article 15, Section 151.1, Article 13, Section 1305.2, and Article 9, Section 908.9 of the City Zoning Ordinance, as it relates only to each single family residential structure, and as such, the owner and/or developer of each single farnily residential structure to be located within this Planned Unit Development shall apply for a separate Class I1 Special Permit pursuant to the Sections referenced above, prior to obtaining a building permit. Fra aisco G:i nzalezDat g Plans Reviewer GROVE ESTATES 4055 DOUGLAS IIOA.i.) R-I/SINGLE .FAMILY RESIDENTIAL, SD-i8 MINIMUM LOT SIZE OVERLAY DISTRICT AND NCI)-3 COCONUT (ROVE NEI£HBORIIOOD CONSERVATION DISTRICT APPLICATION TO MAJOR USE SPECIAL PERMIT SUBJECT TO COMPLIANCE WITH ZONING ORDINANCE 11000 and CITY CODE, AS AMENDED, AND ALL APPLICABLE CRITERIA, CONSIDERATIONS AND/OR OTHER REGULATIONS. The proposed development "Grove Estates" will be comprised of a maximum of eleven (11) single family residential structures, with a maximum aggregate square footage of up to 201,477 of residential floor area. The proposed single family residential structures will have a maximum height of 25 feet 0 inches A.G.L. (44 feet 0 inches N.G.V.D.) at midspan between the roof cave and ridge, and two (2) parking spaces per residential structure. The project will have an entry gate house and concierge structures with approximately 1,000 square feet of floor area, and fifteen (15) additional parking spaces. Pursuant to Zoning Ordinance 11000, as amended, Supplement 17, the Zoning Ordinance of the City of Miami; Florida; the subject proposal for Grove Estates, at 4055 Douglas Road, Miami, Florida has been submitted and reviewed to allow an application for a Major Use Special Permit, subject to all the applicable criteria: •IAJOR USE SPECIAL PERMIT, as per ARTICLE 5, Section 508, Planned unit development generally in R-1 Single -Family Residential Districts, to allow a planned unit development on properties that have been designated as historic sites, archeological zones, and environmental preservation districts; The Major Use Special Permit encompasses the following Special Permits and Requests: CLASS II SPECIAL PERMIT, as per ARTICLE 15, Section 151.1. Class II Special Permit required for any development between Biscayne Bay and the first dedicated right-of-way, to allow development on property located between Biscayne Bay and the first dedicated right-of-way. as it relates specifically to the entrance feature for the Planned Unit Development, and not the single family structures that are to be designed at a later date; 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 91.6.2.1. Temporary special •vent parking, to allow parking for temporary special event such as groundbreaking ceremonies; ASS 1 SPECIAL PERMIT, as per ARTICLE 9, Section 918, Sub -Section 918.2. Temporary off-street ite parking for construction crews, criteria, to allow temporary off-street offsite parking, for construction crews working on a residential project under construction, within R--1 with SD-18 and NCD-3 or more permissive zoning district; 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 homes, trailers or manufactured homes, when authorized for security or other purposes in connection with land development such as construction trailer(s) and other temporary construction offices such as watchman's quarters, leasing and sales centers; CLASS I SPECIAL PERMIT as per ARTICLE 10, Section 10.5.3.1 (2). R-1 Single -Family Residential — Sign Regulations, to allow temporary signs for development; REQUEST, for 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 and/or day subject to the City Manager Exception pursuant to Section 36-6 (c) and all the applicable criteria; REQUEST, for 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; - The requirement to record in the Public Records a Declaration of Covenants and/or Restrictions providing that he ownership, operation and maintenance of all common areas and facilities will be by the property owner d/or a mandatory property owner association; Note: This Major Use Special Pea «pit shall not encompass the Class II Special Permits required pursuant to Article 15, Section 1511, Article 13, Section 1305.2, and Article 9, Section 908.9 of the City Zoning Ordinance, as it relates only to each single family residential structure, and as such, the owner and/or developer of each single family residential structure to be located within this Planned Unit Development shall apply for a separate Class II Special Permit pursuant to the Sections referenced above, prior to obtaining a building permit. CISCO,' OEM ing Plans Reviewer Date /400/05,