HomeMy WebLinkAboutApplication & Supporting Docs,1i s,
',,* iwcelio Dorf *,,
HEARING BOARDS
444 SW 2nd Avenue, 7th Floor • Miami, Florida 33130
Telephone 305-416-2030 • Fax 305-416-2035
www.miamigov.com/hearinq boards
'10 OCT 01'4411:27
)O-OII19X
SPECIAL EXCEPTION
Welcome to Hearing Boards! This application is intended to serve as a guide in assisting you with our public
hearing process. Please feel free to contact us at the number above, should you have any questions.
The deadline to file the complete application with supporting documents is the first five working days of
each month from 8:00 am until 3:00 pm, except on the fifth day, at 12:00 pm. The application
submittal date is the date stamped by Hearing Boards' staff on this page. 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 application
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. Should you
wish, you could bring the materials to our office for review before the deadline to ensure completeness.
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. All documents, reports, studies,
exhibits (8'/ x11 ") or other materials submitted during this process will be kept as part of the record.
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 of the Zoning Board resolution. They will keep the original,
but please have them mail it to us at the address above, and bring the certified copy to our office. Copies of
City Commission resolutions/ordinances can be obtained at our website through the "Legislative Hub", or for
certified copies, please contact the Office of the City Clerk at 305-250-5360 or at 3500 Pan American Drive.
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.
Ordinance No. 12918 states that each person or entity requesting approval, relief or other action from the
City Commission or any of its boards, authorities, agencies, councils or committees regarding any issue,
shall disclose at the commencement (or continuance) of the public hearing(s) on the issue, any
consideration provided or committed, directly or on its behalf, for an agreement to support or withhold
objection to the requested approval, relief or action. The Disclosure of Consideration Provided or
Committed for Agreement to Support or Withhold Objection Affidavit included in this package must be
submitted with the application. The applicant must, at the commencement of any public hearing on the
issue, if there is any disclosure to report, read the disclosure into the record. Also, the applicant must
supplement the affidavit if there is any new information or additional information to disclose.
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. 04-21-09
Please refer to Article 16 of the Miami Zoning Ordinance for Special Exception information.
1. Applicantname(s): Carlos A. Migoya
2. Subject property address(es) and folio number(s): Folio # 01-3 2 0 7 - 016 -3 510
990 N.E. 79th,Street, Miami, Florida 33138
3. One (1) original survey dated within six (6) months from the date of application prepared by a
State of Florida registered land surveyor.
4. 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.
5. Bring the original 24x36" plan to Hearing Boards to be stamped, dated and initialed by a
designee and then by the following departments before the application is filed:
a) Department of Public Works on the 8th Floor;
b) Office of Zoning on the 4th Floor;
c) Planning Department on the 3`d Floor.
Note: If comments are generated by any of the above, you must return to the architect ..or
engineer to have those comments incorporated into the plans, and you must begin #5
again. 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.
6. After obtaining signatures from the above departments, two (2) 11x17" and one (1) 81/2x11"
copies of the original plan, in addition to the survey.
7. Original and current Zoning Referral and Zoning Write -Up signed by Office of Zoning designee.
8. The subject property(ies) cannot have any open code enforcement/lien violations, unless the
request, if granted, would remedy the violation.
9. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable.
10. At least two photographs showing the entire property showing land and improvements.
11. A clear and legible copy of the recorded warranty deed and tax forms of the most current year
showing the present owner(s) and legal description of the property.
12. A clear and legible copy of the subject property address(es) and legal description(s) on a
separate sheet, labeled as "Exhibit A", to match with the current survey's legal description.
13. Affidavit of Authority to Act and the Disclosure of Ownership of all owners and contract
purchasers, if applicable, of the subject property (see pages 4 and 5).
14. Original Disclosure of Consideration Provided or Committed for Agreement to Support or
Withhold Objection Affidavit.
15. Certified list of owners of real estate within 500 feet of the subject property (see pages 6 and 7).
2 Rev. 04-21-09
16. For all corporations and partnerships indicated:
a) Articles of Incorporation;
b) Certificate from Tallahassee showing good standing, less than one (1) year old;
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.
17. What is the acreage of the project/property site? 0.5 9 Acres
18. What is the purpose of this application/nature of proposed use?
New City of Miami Fire Station #13 approximately 12,000 sq. ft.
19. 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. Y e s
20. Is the property within the boundaries of an Environmental Preservation District? Please contact
the Planning Department on the 3rd Floor for information. N / A
21. 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 Ordnance 12719, all planning and zoning fees in excess of $25, 000.00,
shall be paid /, t e form.of,arc-ertified check, cashier's check, or money order.
Signature ��" .
Name
Carlos A. Migoya
Telephone (305) 250-5400
Mailing Address 444 S.W. 2nd Ave. loth Flour
E-mail
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing w s acknowledged before me this 16 day of
I� by ioi to s A. �-
Miami, Florida33130
CMigoya@miamigov.cam
20
who is a(n) individual/partner/agent/'orjoration of et.4'j 0f Mt aiw' a(n)
individual/partnership/corporation. He/She is personally known to e or who has produced
as identification and who did (did not
(Stamp)
NOTARY PUBLIC -STATE OF FLORIDA
0felia E. Perez
Commission #DD701412
.' Expires: AUG4 2, 2011
BONDED THRU ATLANTIC BONDIVG CO., INC.
Signature
Rev. 04-21-09
AFFIDAVIT OF AUTHORITY TO ACT
Before me this day, the undersigned personally appeared
Carlos A. Migoya , who being by me first deposes and says:
1. That he/she is the owner or the legal representative of the owner, submitting the public
hearing application as required by the Code of the City of Miami, Florida, affecting the
real property located in the City of Miami, as listed on the foregoing pages.
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 inquires.
3. That the foregoing and following pages are part of this affidavit and contain the current
names, mailing addresses, telephone numbers and legal descriptions of the real
property of which he/she is the owner or legal representative.
4. That the facts, as represented in the application and documents submitted ,in
conjunction with this affidavit, are true and correct.
Further Affiant sayeth not. 7
Carlos A. Migoya
Applicant(s) Name Applicants) Signature
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this
2010 , by Co/ toS Pr• WliSoy
who is a(n) individual/partner/agent/corporation of (_'�'1- of M 1.a ww
a(n) individual/partnership/corporation. He/She is persohally known to me or who
has produced as identificati no and who id (did not) take an oath.
J5
(Stamp) NOTARY PUBLIC -STATE OFFLORIDA
Signa�►re
Ofelia E. Perez
: Commission # DD701412
,, Expires: ATJG.0242011
BONDED THRU ATLANTIC BONDING CO., INC.
day of .6Pp►eA.L'V
Rev. 04-21-09
DISCLOSURE OF OWNERSHIP
1. 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 necessary.
Owner's Name(es) City of' Miami
Percentage of Ownership 100
Subject Property Address(es) 990 N.E. 79th Street, Miami;' Florida 33138
2. List all street address(es) and legal description(s) of any property located within 500 feet
of the subject property owned by any and all parties listed in question #1 above. Please
supply additional lists, if necessary.
Street Address(es): Legal Description(s):
N/A N/A
N/A N/A
N/A; / N/A
Carlos A. Migoya
/_.
Owner(s) or Attorney Name Owner(s) or Attorney Signature
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing waA acknowledged before me this 15 day of _Pw_P_
20 10 ,by ( / I OS A. rA4 g ay
who is a(n) individual/partner/agent/corporation of Coil-y Of Pii aw.4
a(n) individual/partnership/corporation. He/She is personally known to me or who
has produced as identification and who • . (did not) take an oath.
(Stamp)
NOTARY PUBLIC -STATE OF FLORIDA
Ofelia E. Perez
Commission # DD701412
Expires: AUG. 02, 2011
BONDED THRU ATLANTIC BONDING CO., INC.
5
Rev. 04-21-09
"EXHIBIT A"
THIS PROPERTY DESCRIBE AS:
LOT 7 LESS NORTH 5 FEET & LOT 8 LESS THE NORTH 5 FEET OF THE EAST % OF LOT 8, BLOCK 21
SHORE CREST ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 10, PAGE(S) 23,
OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. FOLIO #: (01-3207-016-3520, 01-
3207-016-3530) AND LOTS 5 AND 6, LESS THE NORTH 5 FEET OF LOT 6, BLOCK 21, SHORE
CREST, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 10, PAGE 23, OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. FOLIO #: (01-3207-016-3510)
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C. C71.4 '7 f..
$ 0 .61 ; :' ±
OR Pt' 25725 � F' s 282(3 - 3%;25gn • ,t
RECORDED 0.6/22/ 007 14:4 r� t
HAl~'ir'EY RUV1N CLERK OF COURT
• NIAMl -DARE COUNTY'", FLORIDA
Prepared by and return to after recordation: .
Lourdes Y Slazyk, Zoning Administrator .
City of Miami, Zoning Department
144 SAN ND
.� Avenue, 4th Floor
Miami, FL 33130- 1910
aos.416 1499
UNITY OF TITLE
WHEREAS, the undersigned is the owner of that property legally described as:
farce& A:
Parcel B:
Legal Description: Lot 7 Jess the North 5 feet and Lot 8 less the North 5 feet
Of the East 1/2.of Lot 8, Block 21 of Shore Crest recorded in Plat Book 10,
Page 23, of the Publib :Records of Miami - Dade County.
Also known as 958 & 9.60 NE 791h Street, Miami, Florida;
Folio No.: 01.3207-016.3520 & 01-3207-016-3530 and,
Legal Des.criptibn: Lot 5 & 6 less North 5 feet of Lot 6 of Block 21 of Shore Crest,
recorded in Plat Book 10, Page 23, of the Public Records of Miami -Dade County.
Also known as 990 NE 79th Street Miami, Florida;
Folio No.; 01-3207.016-3510:and,
The undersigned recognizes and acknowledges that for the pubff.c health, welfare, safety and/ or
morals, the herein -described 'property should not be divided into separate parcels owned by
several owners so long as the same is put to the hereinafter use, and
ln consideration of the issuance of a development permit:
Fire Station # 13 being built in -the cacti ns-mentioned above,
Fire station will be used for Fire./ EMS and other municipal purposes.
The City of Miami intends to issue a building permit for this project subject to the provisions.of this
Unity. And for other good and valuable considerations, the undersigned hereby agrees to restrict
the use of the subject property in the following manner
' 1. That said property (ail of the lots and/or parcels of land encompassing the building site )
shall be considered and held together as one plot and parcel of land arid that no portion of
said plot and parcel of land shall be sold, transferred, leased,, encumbered, divided or
assigned separately, except in its entirety as one plot or parcel of land;
2. The undersigned further agrees that this condition(s), restrictions) and limitations) shall be
deemed a covenant running with land, which shall be recorded in the public records of
• Miami Dade County, at the undersigned's cost and expense, and shall remain in full .force
and effect and be binding upon the undersigned, their heirs successors, and assigns until
such time as the same may be released in writing by the Director of the Planning--c�.
Department and/or the Zoning Director or his/her designated representative;provided, ,.!,.__ „'4,,
however, that this Unity of Title may be released in writing by the Director of the Planni t� *\�
Department and/or the Zoning Director or his/her designated representative after appr v I ��., .-ti,.�
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75053 `4 .4F� -,-' :'�
provide a copy of this instrument within thirty (30) days of its' recordation. The unity of title
shall be approved as to legal form and content by the City Attorney.
Signed, sealed, executed and acknowledged op this , ) day of A- ., 2007; at
Miami, Florida.
'WITNESSES:
/2
_
LA
Print Name: 1 �1C 4 _ r•-; { �t
Print --Name=--
Y•Ok
.,s,rzot e ro ' iPe;;`*,.
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PEDRO G, RERI4ANDEZ, City Manager
(TWO WITNESSESS FC)R EACH PERSON SIGNING):
STATE OF FLORIDA)
COUNTY OF MIAMI DADE)
I HEREBY certify'that :on this day before me, a Notary Public duly authorized in the state
,and county named above to take acknowledgement, personally appeared PEDRO G.
HERNANDEZ, City Manager to b.e well known to be the person(s) described in and who executed
the foregoing instrument and acknowledged to. and before me that they executed said instrument
under oath and for the purposes therein expressed.. •
WITNESS my hand official seal in the county and state named above this
of� ` � day
y:\ , 2007, at Miami, Florida,
My Commission Expires:
4� o fAY NV,4., ( ene E' Perez
. '' `� Commission #bb2213 L9
; rJ.F Expires: Jul26 2007
;� , ..°e Banded Thru
Atlantic Bonding Co., inc.
APPROVED AS LEGAL FORM AND CCI 'i'E T:
S E L JF RNANDEZ, City Attorney
ry Public
Oj 6. ic..
VTATE CiF FLORJoA. COUNTY'C'F- D,ft
J.HF_REP•,1'ti=RTtrfl'tirctMk: i c ,piofthe
origU}&):!L r tl' li1LS ctriae or C/ Df
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WITNESS my tHA,RVEY Rif f-rCtrcuit ; �dc ou;rfyr
s1'
CITY OFMLAMI
DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO
SUPPORT OR WITHHOLD OBJECTION
• The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its
boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the
issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or
withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee,
commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or
implied, or any promise or agreement to provide any of the foregoing in the future.
• Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2-653, and appearing before the City Commission or
any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners'
legal representative are not required to fill out this form.
NAME:
HOME ADDRESS:
CITY:
, (First Name)
(Middle) (Last Name)
(Address Line 1)
(Address Line 2)
STATE: ZIP:
HOME PHONE: CELL PHONE: FAX:
EMAIL:
BUS SINESS or APPLICANT or ENTITY NAME
Carlos A. Migoya (on behalf of the City of Miami)
BUSINESS ADDRESS:
3500 Pan American Drive
(Address Line 1)
Miami, FL 33133
(Address Line 2)
1. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board,
authority, agency, council, or committee.
Special exception to allow a new fire station in a C-1 restricted Commercial District
Under 11000 Zoning regulations — Permit # 090016698
2. Ras any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to
support or withhold objection to the requested approval, relief or action?
El YES Ei NO
If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If
your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement.
Doc. No.:86543
3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided
or committed.
Name Address Phone-
a. . N/A
b.
c.
* Additional names can be placed on a separate page attached to this form.
4. Please describe the nature of the consideration.
N/A
•
5. Describe what is being requested in exchange for the consideration.
N/A
ACKNOWLEDGEMENT OF COMPLIANCE
I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of
Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal
or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing
disclosure requirement was not fully and timely satisfied the following may occur:
1. the application or order, as applicable, shall be deemed void without further force or
effect; and
2. no application from any person or entity r the same issue shall be reviewed or
considered by the applicable board(s) until - iration of a period of one year after the
nullification of the application or order.
PERSON SUBMITTING DISCLOSURE:
Signature
Carlos A. Migoya (on behalf of the City of Miami)
Print Name
Sworn to and subscribed before me this day of �c 197/ , 20710 . The foregoing
instrument was acknowledged before me by Cq/ tS O. M i 0.! a— , who has produced
as identification and/or is personally k1zown to me and who did/did not take an oath.
STATE OF FLORIDA c
CITY OF M[AM[
MY COMMISSION otary
EIRES: NOTARY PUBLIC -STATE OF ORIDA
• ,Cfelia E. Perez
'amx - Commission # 1)1E01412 Print Name
Enclosure(s) ''•, ,,.,' Expires: AUG. 02, 2011
BONDED THRU ATLANTIC BONDING CO., INC.
Doc. No.:86543 Page 2