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HomeMy WebLinkAboutTab I.A. Application for a MUSPI r- B�lz�n Sumberg ATTORNEYS AT L A W May 6, 2010 VIA HAND DELIVERY Anel Rodriguez Hearing Boards Department, City of Miami Miami Riverside Center, Seventh Floor 444 S.W. Second Avenue Miami, FL 33130 A. Vicky Garcia -Toledo, Esq. Tel 305.350.2409 Fax 305.351.2233 vgarcia-toledo(a�bilzin.com RE: Letter of Intent for Substantial Modification to a Previously Approved MUSP for 1700 Biscayne Blvd. Dear Mr. Rodriguez; On behalf of Brickell North Investments, Inc., Miami Proarts II, Inc., and Biscayne Arts, LLC, and Biscayne Arts Plaza, LLC (collectively known as "Owners"), please accept this application for a substantial modification to a previously approved Major Use Special Permit (MUSP) ("Application"). This Application is for a Substantial Modification to the previously approved MUSP for 1700 Biscayne Blvd, originally approved by Resolution No. R-09-0201, adopted by the City of Miami City Commission on April 23, 2009. The purpose of this application is to modify the previously approved MUSP to move the base footprint of the building by more than ten (10) feet to include new land, to include a non-residential component in excess of two -hundred thousand (200,000) square feet, and to allow hotels involving in excess of three -hundred fifty (350) hotel rooms. The original MUSP approval called for a phased project to include two towers on 2+ acres consisting of the majority of the 1700 block along the west side of Biscayne Boulevard. In meetings with staff and at public hearings -prior -to -the -original -approval -of the MUSP, we stated on the record that the MUSP was missing a roughly .67 acre portion of property on the northeast corner of the block ("Additional Property") which was the subject of ongoing litigation, and that once acquired, the Owners intended to come back for a modification to the MUSP to include the Additional Property. After resolution of the litigation, the Owners acquired the Additional Property and now come before the City of Miami for a modification to the MUSP to include the Additional Property and to revise the development plans to encompass a more effective development program. In continuance of the redevelopment of the Omni area, marked notably by the Adrienne Arscht Center for the Performing Arts and high-rise towers along Biscayne Boulevard, the developers of 1700 Biscayne Boulevard are proposing a modification to a previously -approved Major Use Special Permit, to provide for a three (3) tower mixed -use development designed by preeminent architecture firm Zyscovich Architects, which will certainly add to ,the surrounding area's redevelopment. BILZIN SUMBERG BAENA PRICE & AXELROD LLP 200 S. Biscayne Boulevard, Suite 2500, Miami, FL 33131-5340 Tel 305.374.7580 Fax 305.374.7593 www.blzin.com Anel Rodriguez Hearing Boards Department, City of Miami May 6, 2010 Page 2 Tower I, incorporating a sleek urban design created by Zyscovich Architects, will remain as previously approved, rising approximately 603 feet above Biscayne Boulevard on the southeast corner of the site. Tower I will house approximately 261 residences and 289 hotel rooms, with a mix of one (1), two (2), and three (3) bedroom units. Tower II will be reduced from the previously approved height and intensity. Tower II will front along NE 2nd Avenue, and rise to a height of approximately 443 feet (a reduction of 100 feet), housing 258 residences (a reduction of 100 units). Tower III, the additional tower and reason for this substantial modification, will incorporate a design consistent with the previously approved buildings, rising approximately 493 feet above Biscayne Boulevard on the northeast corner of the site. Tower III will contain approximately 153 residences, 216 hotel rooms, and 100,051 square feet of offices. The parking pedestal will provide 1,507 parking spaces (an increase of 148 spaces) -in thirteen (13) levels, will also include nine (9) loading berths (an increase of 2 loading berths), approximately 181,183 square feet of retail use (an increase of 40,902) and the pool deck and other common areas. 1700 Biscayne Boulevard is consistent with the character of its surrounding neighborhood. This Application is consistent with the character of its surrounding neighborhood. This Application also completes the entirety of the 1700 block along the west side of Biscayne Boulevard, replacing a previously -approved blank wall with an articulated and functional building. This Application increases the aesthetic appeal and mix of uses while reducing the overall percentage of allowable floor area and maintaining significant open space and urban pedestrian plaza area. Should you have any questions regarding this Application, please call my office at 305-350- 2409. Thank you for your assistance. Sin fir A. is Garcia -Toledo MIAMI 2162344.2 7572825707 5/3/10 06:17 PM BILZIN SUMBERG BAENA PRICE & AXELROD LLP HEARING BOARDS 444 SW 2nd Avenue, 7th Floor • Miami, Florida 33130 Telephone 305-416-2030 • Fax 305-416-2035 vwwv.miamigov.com/hearinq boards MAJOR USE SPECIAL PERMIT a1�1 6 N-op,toitnifyi 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. Before submitting this application for Major Use Special Permit (MUSP), you 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. 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 1/2 x11") or other materials submitted during this process will be kept as part of the record. 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. Copies of City Commission resolutions 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. Please refer to Articles 5, 9, 13 and 17 of the Miami Zoning Ordinance for Major Use Special Permit information. Applicant name(s): A. Vicky Garcia -Toledo, Esq. (on behalf of the property owners) 2. Subject property address(es) and folio number(s): Folio #01-3231-005-0130 (235 NE 17th Street); Folio #01-3231-003-1050 (230 NE 17th Terrace); Folio #01-3231-003-1060 (222 NE 17th Terrace); Folio #01-3231-005-0150 (1707 NE 2nd Avenue); Folio #01-3231-005-0140 (221 NE 17th Street); Folio #01-3231-005-0110 (249 NE 17th Street); Folio #01-3231-005- 0120 (239 NE 17 Street); Folio #01-3231-005-0100 (1700 Biscayne Boulevard); Folio #01- 3231-003-1090 (1730 Biscayne Boulevard); Folio #01-3231-003-1120 (246 NE 17th Terrace); Folio #01-3231-003-0011 (234 NE 17th Terrace). 3. Project name: 1700 Biscayne Blvd 4. One (1) original survey dated within six (6) months from the date of application prepared by a State of Florida registered land surveyor. 5. 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. 6. 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 3rd 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. 7. After obtaining signatures from the above departments, two (2) 11x17" and one (1) 8'hx11" copies of the original plan, in addition to the survey. 8. Original and current Zoning Referral and Zoning Write -Up signed by Office of Zoning designee. 9. The subject property(ies) cannot have any open code enforcement/lien violations, unless the request, if granted, would remedy the violation. 10. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable.-- 11. At least two photographs showing the entire property showing land and improvements. 12. 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. 13. 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. 14. Affidavit of Authority to Act and the Disclosure of Ownership of all owners and contract purchasers, if applicable, of the subject property (see pages 5 and 6). 15. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit. 16. Original Public School Concurrency Management System Entered Requirements form (page 4 of the attached packet). 17. Certified list of owners of real estate within 500 feet of the subject property (see pages 6 and 7). 18. 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. 19. What is the acreage of the project/property site? Net: 132,593 sq.ft. -(3.04 acres); Gross: 198,614 sq. ft. 20. What is the purpose of this application/nature of proposed use? A mixed use development consisting of commercial and residential uses. 21. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning Department on the 3rd Floor for information. No. 22. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning Department on the 3rd Floor for information. No. 23. An executed Traffic Sufficiency Letter from the City of Miami's traffic consultant. 24. Maps showing the existing zoning designation and the adopted comprehensive plan designation for areas on and around the property. 25. General location map showing relation to the site or activity to major streets, schools, existing utilities, shopping are.as.,_important-physical features in and adjoining the project. 26. Concept Plan: a) Site plan and relevant information per Section 1304.2.1 d-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. 27. Developmental Impact Study (an application for development approval for a Development of Regional Impact may substitute). 28. 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. 29. 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. 30. Cost of processing according to Section 62-156 of the Miami City Code*: a) Major Use Special Permit $ 16,888.50 b) Additional fee for any required special permits; such as, Comprehensive Plan, Zoning Atlas, Special Exception(s) and/or Variance(s) $ c) Public hearing and public meeting mail notice fee $ 1,150.00 + $1834 (adiacent property owners) + $91 (Downtown NET Area) d) Total: $ 19,963.50 *Pursuant to Ordinance 12719, all planning and zoning fees in excess of $25, 000.00, shall be 1 m-of a certified -check, cashier's check, or money order. Signature Name A. 'Vicky Garcia -Toledo, Esq. Mailing Address 200 S. Biscayne Blvd. #2500 Miami, Florida 33131 Telephone 305-350-2409 E-mail vgarcia-toledo(c(i)bilzin.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing waskniqwle ged fore e this 54- l day of ol/ 20 / 0 , by f'-� V 1CrC (�`(� th(a TpT,p who is a(n) individual/,artner/age t/corporation of a(n) individual/partnership/corporation. He/She i ..- sonally kn • n . ■■ - ho has produced as identification and who did (did not) take an o• h. 46"R==!,%, CHRISTINE A BOWER * . t:Y * MY COMMISSION # DD • c ' /tom C �C.P '/ (Stamp) �!� �, EXPIRES: February 20, 201 T' e OF Fti0 Bonded Thry Moot Notary Se EXHIBIT "A" COMPLETE LEGAL DESCRIPTION COMBINING ALL LOTS Lots 15, 16, and 17, Block 4, RICE AND SULLIVAN SUBDIVISION, according to the plat thereof recorded in Plat Book 4, Page 64, Public Records of Miami -Dade County, Florida, LESS that certain strip off the East side of the land conveyed to the City of Miami, Florida, and described as follows: Beginning at the Southeast corner of Lot 15 aforesaid as the POINT OR PLACE OF BEGINNING: thence, run West along the South Tine of said lot for a distance of 17.64 feet to a point; thence run Northeasterly a distance of 166.317 feet more or less to a point on the North line of said lot, which point is 6.81 feet West of the Northeast corner thereof; thence, run East on the North line of said lot a distance of 6.81 feet to the Northeast corner thereof; thence, run South a distance of 165.90 feet, more or less, to the POINT OR PLACE OF BEGINNING. LESS AND EXCEPT RIGHT-OF-WAY DEDICATION PARCEL: That portion of the remainder of Lot 15 lying West of the West Right -of -Way line of Biscayne Boulevard, Block 4, RICE AND SULLIVAN SUBDIVISION, according to the plat thereof recorded in Plat Book 4, Page 64, Public Records of Miami -Dade County, Florida, being more particularly described as follows: The external area of a circular curve concave to the Northwest and having a radius of 25 feet and tangents which are 50 feet Westerly of and parallel with the centerline of Biscayne Boulevard and 40 feet North of and parallel with the centerline of N.E. 17th Street. AND Parcel 1: Lots 1 and 2, Block 12, THIRD AMENDED MAP OF MIRAMAR, according to the Plat thereof, as recorded in Plat Book 5 at Page 4, Public Records of Miami -Dade County, Florida. Parcel 2: Lots 20 and 21, Block 4, RICE AND SULLIVAN SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 4 at Page 64, Public Records of Miami -Dade County, Florida. Parcel 3: Lots 22 and 23, Block 4, RICE SULLIVAN SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 4 at Page 64, Public Records of Miami -Dade County, Florida. Parcel 4: Lots 3 and 4, Block 12, MIRAMAR SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 5 at Page 4, Public Records of Miami -Dade County, Florida. AND Lots 18 and 19, Block 4 of RICE AND SULLIVAN SUB -DIVISION, according to the Plat thereof, as recorded in Plat Book 4, Page 64, of the Public Records of Miami -Dade County, Florida. AND PARCEL A: All that part of Lot 1, Block 13, lying West of the Westerly right of way line of Biscayne Boulevard, as established by the City of Miami Monument Lines, and all of Lots 2 and 3, Block 13, of Miramar, according to the Plat thereof, as recorded in Plat Book 5, Page 4 of the Public Records of Miami -Dade County, Florida. PARCEL B: All of Lot 4, Block 13, of Miramar, according to the Plat thereof, as recorded in Plat Book 5, Page 4 of the Public Records of Miami -Dade County, Florida. PARCEL C: All of Block B, of Miramar, according to the Plat thereof, as recorded in Plat Book 5, Page 4 of the Public Records of Miami -Dade County. Containing 132,593 Square feet or 3.04 Acres more or less by calculations. 1700 Biscayne Boulevard a mixed use project Substantial Modification to a Previously Approved Major Use Special Permit ADDENDUM TO APPLICATION FOR MAJOR USE SPECIAL PERMIT May 2010 Note 1. Request for Major Use Special Permits for: a) Development of non-residential uses involving in excess of two -hundred thousand (200,000) square feet. b) Development hotel uses involving in excess of three -hundred and fifty (350) hotel rooms. Note 2. Request for substantial modification to: a) Allow for base footprint of building to be moved by more than ten (10) feet in any horizontal direction. Note 3. All Special Permits and Requests approved under Resolution 09-0201 to remain in full force and effect.