HomeMy WebLinkAboutApplication & Supporting DocsBERCOW RADELL & FERNAN D aZ
ZONING, LANE USE AN E ENVIRONMENTAL LAW
Direct: 305-377-6235
E-mail: BFernandez(BRZoningLaw.com
www.BRZoningLaw.com
VIA HAND DELIVERY
July 7, 2010
Mr. Anel Rodriguez
City of Miami Riverside Center
Office of the Hearing Boards
444 SW 2nd Avenue, 7th Floor
Miami, FL 33130
Re: Supperclub Exception - Apollo Development, Inc.
8201-8207 Biscayne Boulevard, Miami, Florida
Dear Mr. Rodriguez:
This law firm represents Apollo Development, Inc. in relation to the
referenced application for an exception to allow a supperclub on the property.
This letter shall serve as the Applicant's initial letter of intent.
The Property is located at the intersection of Biscayne Boulevard and NE
81st Street. Both Biscayne and NE 81st Street are major transportation corridors
for the surrounding neighborhoods. The Property is developed with a two-story
corrunercial building and a surface parking lot. The Applicant intends to
redevelop the property with a ground floor supperclub with one residential unit
on the second level to be occupied by the owner of the Property. The abutting
surface parking lot will be improved through the addition of landscaped buffer
areas and new striping, in order to make it more compatible with the
surrounding area. Because the existing surface parking area is a legal non-
conforming use, the Applicant is also requesting a warrant in order to modify the
parking lot to make it more consistent with Miami 21.
The proposed supperclub on the Property will provide a neighborhood
serving establishment to the Shorecrest and Upper East Side neighborhoods. For
WACHOVIA FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 85o • MIAMI, FLORIDA 33131
PHONE. 305.374.5300 • FAX. 305.377.6222 • WWW.BRZONINGLAW.COM
Mr. Anel Rodriguez
July 7, 2010
Page 2
all of the foregoing reasons, we hereby request your favorable review and
recommendation.
BF/bl
Enclosures
Sinc
Ben Fernandez
BERCOW RADELL & FERNAN D EZ
ZONING, LAND USE AND ENVIRONMENTAL LAW
EXCEPTIO,N:.AFPLICATION
MIAMI 21
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. 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 theapplication and all supporting materials. Should you wish, you could bring the
materials 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 '/ x 11") or other materials submitted
during this process will be kept as part of the record.
An additional fee to record 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 resolution. They will keep the
original, but please have them mail it to us, 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.
Revised May 2010
CITY OF MIAMI
Hearing Boards
Ph: 305-416-2030
444 SW 2nd Ave 7th Floor Miami, FL 33130
www.miamigov.com/hearing_boards
3
EXCEPTION APPLICATION
Please refer to Article 7.1.2.6 of the Miami 21 Code for Exception information.
narne(s) ;'Ben: Fernandez, Esq. on behalf of Apollo Development Corp.
ubject`property addresses) and folio number(s): 8201-8207 Biscayne Boulevard, Miami, Florida
(Folio number 0l-320.7-016'-0540)
One (1) 'original survey dated within six (6). months from the date of application prepared by a State
of Florida registered land surveyor.,
One (1) original 24x36" plan,,signed and sealed by a State of Florida registered architect or
engineer, showings` property/boundaries and proposed structure(s), parking, landscaping, etc.;
building‘elevationsand dimensions and computations of lot area and building spacing.
5. `After all:departments initial and date the plans, two (2) 11 x 17" and one (1) 8° x 11" copies of the
original` plan,. in"addition to the survey.
6. Original and current Zoning Write -Up signed by Office of Zoning designee.
7. The subject property(ies) cannot have any open code enforcement/lien violations, unless the
request, if granted, would remedy the violation.
8. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable.
9. At least two photographs showing the entire property showing land and improvements.
10. 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.
11. 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.
12. 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).
13. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold
Objection Affidavit.
14. Certified list of owners of real estate within 500 feet of the subject property (see pages 6 and 7).
15. 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 Tess than one (1) year old.
Revised May 2010
CITY OF MIAMI
Hearing Boards
Ph: 305-416-2030
444 SW 2nd Ave 7'' Floor Miami, FL 33130
www.miamigov.com/hearing_boards
4
EXCEPTION APPLICATION
. What is the acreage of the project/property site? ±0.23 acres
17. What is the purpose of this application/nature of proposed use? Supperclub
18. Is theproperty within the boundaries of a historic site, historic district or archeological zone?
Please' contactthe Planning Department on the 3rd Floor for information. No.
19. Is the property within the boundaries of an Environmental Preservation District? Please contact the
Planning Department on the 3rd Floor for information. No.
0. Cost of processing according,to Section 62-156 of the Miami City Code*:
b. Extension of time for Exception
c. Exception Permit Requiring City Commission Review
Public hearing and public meeting mail notice fees,
including cost of handling and mailing per notice
$ 800.00
$ 500.00
$ 2,000.00
$ 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 rdinance 12719 all planning and zoning fees in excess of $25,000.00, shall be
paid in the or of a certif. d cl,4eck, cashier's check, or money order.
Signature
Name Ben Fernandez, Esq.
Telephone 305-377-6235
Mailing Address 200 S. Biscayne Blvd., # 850
Miami, FL 33131
E-mail BFernandez (BRZoningLaw.com
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me thisfl day of June 2010, by Ben
Fernandez, Esq. , who is a(n) individual/partner/agent/corporation of Bercow Radell & Fernandez,
P.A. a(n) individual/partnership/corporation. He/She is personall known to me or who has
produced as identification and who did (did not an oat
(St
MY comMSSI0 4 # 00 660413
p(p1RES: March 5, 2014
Bonded ihru *y pubNc Ueda
Revised May 2010
CITY OF MIAMI
Hearing Boards
Ph: 305-416-2030
444 SW 2nd Ave 7", Floor Miami, FL 33130
www. miamigov.com/hca ring_b oards
5
EXCEPTION APPLICATION
FFIDAVIT OF AUTHORITY TO ACT
Before me this`' day,`'the undersigned personally appeared Ben Fernandez, Esq., who being by me
first deposes and, says: "•
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.
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, CI including or 0 not including responses to day to day staff
inquires
3. That,the foregoingand; 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.
Ben Fernandez, Esq.
Applicant(s) Name
A'.Iicant(s) Signature
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this In
' day of June 2010, by Ben
Fernandez, Esq. , who is a(n) individual/partner/,gent/corporation of Bercow Radell & Fernandez,
P.A. a(n) individual/partnership/corporation. He/She is personally known to me or who has
produced as identification and who did (did�r t) oath.
(Stamp) Si " .>�
Revised May 2010
CITY OF MIAMI
Hearing Boards
Ph: 305-416-2030
444 SW 2nd Avc 7th Floor Miami, FL 33130
www.miamigoy.coin/hcaring_boards
6
EXCEPTION APPLICATION
DISCLOSURE OF OWNERSHIP
ist 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 orpetition. 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
Percentage of; Ownership
ubject Property Address(es)
Apollo Development Corp.
Peter Hans (100%)
8201 Biscayne Boulevard, Miami, FL
. 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
Ben Fernandez, Esq.
Owner(s) or Attorney Name Owne (s) or Attorney Sig ature
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this ( day of June 2010, by Ben
Fernandez, Esq. , who is a(n) individual/partner/agent/corporation of Bercow Radell & Fernandez,
P.A. a(n) individual/partnership/corporation. He/She is pers nab I_ ll known to me or who has
produced as identification and who did (did not) take ar th.
(Stamp) Sign
Revised I\'Iay 2010
I,'' BETTY u.ERE�iA
'',e, ' ; ,I 1.IYCORNISSION4DD860413
: EXP$RES: Mach 5, 2014
Randal Thru Navy Psi undaral w
CITY OF MIAMI
Hearing Boards
Ph: 305-416-2030
444 SW 2nd Ave 7thh Floor Miami, FL 33130
www.miamigov.com/hearing_boards
7
State of Florida
Department of State
I certify from the records of this office that APOLLO DEVELOPMENT
CORP. is a corporation organized under the laws of the State of Florida,
filed on August 24, 2000.
The document number of this corporation is P00000080777.
I further certify that said corporation has paid all fees due this office
through December 31, 2010, that its most recent annual report was filed
on March 16, 2010, and its status is active.
I further certify that said corporation has not filed Articles of
Dissolution.
Given under my hand and the Great Seal of
Florida, at Tallahassee, the Capital, this the
Seventh day of July, 2010
Apt
Secretary of State
Authentication ID: 400183010994-070710-P00000080777
To authenticate this certificate,visit the following site, enter this
ID, and then follow the instructions displayed.
https://efile.sunbiz.orgicertauthver.html
'nth illSt111111Crii was prepared by:
Nune: Bruce 1. Schelnbcrg, Esquire
Address: 420 Lincoln Road, Suite 512
Miami Beach, Florida 33139
Return to:
Name:
Address:
Off: 19290E12014:
AEC.
00R4574201 2000 SEP 20 15:84
DOCSTPDEE 10100.00 SURTX 1. 50.00
HARVEY RUVIH► CLERK DADE COUNTY, FL
• WARRANTY DEED
THIS INDENTURE, Made this '' day of 2000, BETWEEN
ACHILLES JOHN CALLAS a/k/a ACHILL CALLAS and MARY J. CALLAS, his wife;
HELEN CALLAS SPRINGER a/k/a HELEN FSPPRIIIN�GER a married woman; and GEORGE
CALLAS a/k/a GEORGE J. CALLAS, a.al�,S
e f'
5630 N.W. 43'1 Road, Gainesville, FL 32606 as to Achilles John Callas and Mary J. Callas; 1131 Pelican
Lane, Hollywood, FL 33019 as to Helen Callas Springer; 702 S.E. Adams Court, Port St. Lucie, FL
34984 as to George Callas GRANTOR
and
APOLLO DEVELOPMENT CORP., a Florida corporation
whose post office address is
5 Island Avenue, HI 1-D, Miami Beach, Florida 33139
of the County of Miami -Dade, State of Florida GRANTEE
WrrNESSETH, That said grantor, for and in consideration of the sum of TEN AND 00/00• (S10.00)
Dollars, and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt
whereof is hereby acknowledged, has granted bargained and sold to the said grantee, and grantee's heirs and assigns
forever, the following described land, situate, Tying and being in Mtami-Dade County, Florida, to -wit:
Lot,17, 18, 19, In Block 3, less West 12 feet of lots 17 and 18, of SHORE CREST
SUBDIVISION, according to the Plat thereof, as recorded In Plat Book 10, at
Page 23, of the Public Records of Miami -Dade County, Florida.
SUBJECT TO:
I. Taxes for the year 2000 and all subsequent years.
2. Conditions, easements, restrictions and all other limitations of record without
reimposing same.
This property is not and has never been the homestead of any of the Grantors listed on this deed. The
primary residence of the Grantors at all times material hereto are the addresses listed for said Grantors on
this deed,
TAX FOLIO NUMBER: 01-32.07-016-0540
Grantee's FEI Number:
and said grantor does hereby fully warrant the tide to said land, and will defend the same against the lawful claims of
.all persons whomsoever.
"Grantor" and "grantee" are used for singular or plural, as context requires.
IN WITNESS WHEREOF, Grantor has hereunto set grantor's hand and seal the day and year first above
written.
Signal, scaled and delivered
In our presence:
E/1J/5 le 7-4 /11 R/E44-
Name of Witness
mess n
Yhd /:41 WE)t<R,,
Printed Name of Witness
c vr ed '.„(Seal)
ACHILLES JO CALLAS
a/k/a ACHILLES J. CALLAS
yr-•:,.� W' - - _W_ '..-
ess
rsJ.,dvc
Name of Nftess
ess
Printed Name of Witness
STATE OF FLORID
COUNTY OF /
./aciE ,
THE FOREGOING INSTRUMENT was acknowledged before me this %o¢ day of (y)/dvilPr 2000, by
ACHILLES JOHN CALLAS a/k/a ACHILLES J. CALLAS, the husband of MARY J. CALLAS. who is personally
known to me or who has producedpl. yppa//yirnid,i as id; cation and who slid (did not) take an oath.
R19290PG2015
MARY J. C LEAS
(Seal)
My Commission expires:
GUUM Lea Pagua
1 My COMMISSION I Ice, tcx EMPIRES
Mirth 12, 2001
lace n M1 mar,' MW MlAMQ, Iht
NOTARY PUBLIC
STATE OF FLORIDA
COUNTY OF /4/0 C�I� /
THE FOREGOING INSTRUMENT was acknowledged before the this JS/ day of�rP/e/Ah , 2000, by
MARY J. CALLAS, the wife of ACHILLES JO CALLASr���a/k/a ACHILLES J. CALLAS, who Is personally
known to me or who has produced p PVSO /77// Al1trl as idstiticatioa and who id d not) take an oath.
My Commission expires:
Gaul Lae Pogue
MY cohrass+AN i ccsiis70 WIRES
Mirth 12, 2001
soap 11N1 tMrr IMI UIW CI, aC
Signed, scaled and delivered
"mess
Pc �' i 14-F 'L ' (� 1J r
ted Nwha of WI'^��
orJ
`7,0 .0t),
"Printed Name of Witness
STATE YF' FL(,iRID w
COUNTY OF ���_pO i1'g—�
THE FOREGOING INSTRUMENT was acknowledged before me this b day 'of 2000, by
HELEN CALLAS SPRINGER a/k/a HELEN F. SPRINGER, a married woman, who is perso ly known to me or
who has produced F,(oetbA �ueetiSe as identification (did not) t t e an
1 [II IIj1�41l1 V
OTARY PUBLIC
�/ (Seal)
HELEN CALLAS SPRJ ER y.
a/k/a HELEN F. SPRINGER r 2 .Y,(.< G
•
My Commission expires:
NOTARY PUBLIC
Sig " , sealed and • elivered
in o ' presence:
1�4t-NA,s Pe-TUI.L.o
Printed Nastte of Wltne
oe
ess
Prjhtcd Name of Witness
STATE OF FLORIDA
COUNTY OF 14.atu.e-cL4
Off. 1929OPr20 16
RCC.
(Seal)
GEORGE C f' S
a/k/a GEOR E J. CALLAS
rnorltR, f C,¢ 11C .
THE FOREGOING INSTRUMENT was acknowledged before me this j day of
GEORGE CALLAS a/k a GEORGE J. CALLAS, a man, who Is personally kna
producecNi,,,, 01 t••rtroA as identification and who did (tjiSl not) takq an oath.
My Commission expires:
N. Pamela Ann Graham
t Cernlr{oa H CC 918051
iNadal lbw
11xpIre# Mud zoa
MLutia Bawling Co, be.
OTARY PUHLI
2000, by
to me oriwho has
,sao+arcwmNau. recorossocer
AMMO MIRED
HAAVEY RUVtN
ct.E$XOrcurrcouwr
Exhibit A
8201-8207 Biscayne Boulevard, Miami, FL
Legal Description
Lot 17, 18, 19, in Block 3, less West 12 feet of lots 17 and 18, of SHORE CREST
SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 10, at Page 23, of
the Public Records of Miami -Dade County, Florida.
CITY OFMIAMI
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:
Ben J.
(First Name)
Fernandez
(Middle) (Last Name)
HOME ADDRESS: 200 South Biscayne Boulevard
(Address Line 1)
Suite 850
(Address Line 2)
CITY: Miami STATE: Florida D ZIP: 33131
HOME PHONE: 3053776235 CELL PHONE: 3059782866 FAX: 3053776222
EMAIL: BFernandez@BRZoningLaw.com
BUSSINESS or APPLICANT or ENTITY NAME
BUSINESS ADDRESS:
Apollo Development Corp.
8201 Biscayne Blvd.
(Address Line 1)
Miami, FL 33128
(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.
exce.9iOA apoCalion ct of a. Svppo-club cm
2. Has 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?
YES ❑X 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 for the sa a is e shall be reviewed or
considered by the applicable bo s) t til expiration f a p iod of one year after the
nullification of the application o order
PERSON SUBMITTING DISCLOSURE:/ �—
Signat
Ben J. Fernandez
Print Name
eM
Sworn to and subscribed before me this day of —I\ , . ocO The foregoing
instrument was acknowledged be/ire me by , who has produced
as identification and/or is personally known to me and who did/dill not take an oath.
STATE OF FLORIDA
CITY OF MIAMI tot 4,,
MY COMMISS O i t i Notary �/� �� /� EXPIRES: 3
b
I-
u-e[ e CA—)
Print Jame
�> BETTY
Unclo$ure($) Ill COM ILEREN►A
Doc. No.:86543 i?, , MY COMMISSION #DlO NOM Page 2
march 5 pplt
Gnr ma. tficiM
'irk cx• ` B°nd°d ITS Nawr Public