HomeMy WebLinkAboutApplication & Supporting Documentation-01111
BERCOW RADELL & FERNAN DEZ
ZONING, LANLD USE AN ID ENVIRONMENTAL LAW
Direct: 305-377-6235
E-Mail: [3Fernandez c f3,R7,gr,inyl,OW&Q.m,
VIA HAND DELIVERY
April 4, 2013
Mr. Anel Rodriguez
City of Miami Riverside Center
Department of Hearing Boards
444 SW 21,a Avenue, 3rd Floor
Miami, FL 33130
Re: Easement Modification - River Tower, 230 SW 3rd Street
Dear Ariel:
Enclosed please find the application for Special Appearance as well as the
Disclosure of Consideration forms. You will recall that our client's check number 1367 in
the amount of S4,189.00 for the Special Appearance fees in connection with the captioned.
matter was delivered to you earlier this week. Please do not hesitate to contact me if you
need require further information or have any questions regarding this matter.
Sincerely,
en Fernandez
/bl
Enclosure
WACHOVIA FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI, FLORIDA 33131
PHONE. 305.374.5300 • FAX. 305.377.6222 • WWW.BRZONINGLAW.COM
SPECIAL APPEARANCE APPLICATIO _
ftCIr,
P1.ANNIN DEr'A k I trig I
PLANNING AND ZONING DEPARTMENT, HEARING BOARDS SECTION
444 SW 2nd Avenue, 3rd Floor • Miami, Florida 33130 • Telephone 305Z�1 .�-!Cp P: Q.
www.miamigov.com/hearing_ boards
Welcome to the City of Miami! This application is intended to serve as a guide in assisting you
with our public hearing process. Please feel free to contact us, should you have any questions.
The deadline to file the complete application with supporting documents is the last five working
days of each month from 8:00 am until 3:00 pm, except on the fifth day, until 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 the application and all supporting materials. Should you wish, you could
bring the materials to our office for review prior to submittal 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. Any documents offered to the Planning,
Zoning and Appeals Board and the City Commission, which have not been provided fifteen (15)
days before the meeting as part of the agenda materials will be entered into the record at the
discretion of the aforementioned Board and Commission.
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.
Copies of City Commission resolutions and ordinances 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 plans
review and written comments from the Office of Zoning.
Rev. 07-201.2 1
SPECIAL APPEARANCE APPLICATION
1. Applicant(s): Ben Fernandez, Esq. on behalf of 230 SW 3rd Street LLC
2. Subject property address(es) and folio number(s): 230 SW 3rd Street (01-4137-038-0030)
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. After Hearing Boards, Public Works, Zoning and Planning initial and date the plans, two (2) 11x17"
and one (1) 8'/x11 copies of the original plan, including the survey.
6. Current Zoning Referral and Write -Up signed by the Office of Zoning designee.
7. 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 to match the legal description on the survey.
8. 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.
9. At least two photographs showing the entire property showing land and improvements.
10. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable.
11. Affidavit of Authority to Act and the Disclosure of Ownership of all owner —and contract purchasers,
if applicable —of the subject property.
12. 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.
13. Certified list of owners of real estate within 500 feet of the subject property.
14. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold
Objection Affidavit.
15. Original Public School Concurrency Management System Entered Requirements form.
16. The subject property(ies) cannot have any open code enforcement/lien violations.
17. What is the acreage of the project/property site? 69,161 square feet (approximately 1.59 acres)
18. What is the purpose of this application/nature of proposed use? Easement Modification
Rev. 07-2012
SPECIAL APPEARANCE APPLICATION
19., Is the property within the boundaries of a historic site, historic district or archeological zone? Please
contact the Planning and Zoning.; Department on the 3rd Floor for information. No.
20. Is the property within the boundaries of an Environmental Preservation District? Please contact the
Planning and Zoning Department on the 3rd Floor for information. No.
21, What would be the anticipated duration of the presentation in front of the:
CI Planning, Zoning and Appeals Board and/or El City Commission 7/ hour
22. Cost of processing according to Section 62-22 of the Miami City Code*:
a. Petition for Public Hearing
b. Petition for Public Hearing requiring City Commission review
c. Advertising
d. Mail notice fee per notice
e. Meeting package mailing fee per package
$ 1,500.00
$ 2,500.00
$ 1,500.00
$ 4.50
$ 6.00
*Fees over $25, 00shall be (i ;-id in the form of a certified check, cashier's check, or money order.
Signature
Name
Ben Fernandez
Telephone 305-377-6235
Address 200 S. Biscayne Blvd. # 850
Miami, FL 33131
E-mail BFernandez@BRZoningLaw,com
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE 3-C(
The foregoing was acknowledged before me this day of April 2013, 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 personally known to me or who has produced
as identification and who did (did not) take.fh.
(Stamp)
Rev, 07-2012
3
SPECIAL APPEARANCE APPLICATION
AFFIDAVIT OF AUTHORITY TO ACT
Before me this day, the undersigned personally appeared Ben Fernandez, Esq. , 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, El 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.
Ben Fernandez
Applicant(s) Name
Signature
Name
Ben Fernandez
Telephone 305-377-6235
Ap licant(s) Signature
Address 200 S. Biscayne Blvd. # 850
Miami, FL 33131
E-mail BFernandez(ct�BRZoningLaw.com
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this day of April 2013, 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 personally known to me or who has produced
as identification and who did (did not) take a
(Stamp)
COMM IONNDD:14
mutedUeyrbe•7Bp44
IMeY2
Rev. 07-2012
4
SPECIAL APPEARANCE CHECKLIST
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) 230 SW 3rd Street LLC
Percentage of Ownership George Helsel 60% and Steve Rhodes 40
Contract Purchaser River Tower, LLC
Percentage of Ownership Brian S. Campbell 100%
Subject Property Address(es) 230 SW 3rd Street (01-4137-030-0030)
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
Ben Fernandez, Esq.
Owner(s) or Attorney Name
o r
O er(s) or Attorney Signatur
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this la- day of April 2013, 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 personally known to me or who has produced
as identification and who did (did not) take an oath:
(Stamp)
.ai
to
BEM LLEFIENA
.4P MY COMMISSION A DD 060413
EXPIRES: MO* 5, 2014
Bonded Thru Notary Public Underwriters
Rcv. 07-20I 2
5
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 Fernandez
(First Name)
(Middle) (Last Name)
HOME ADDRESS: c/o Bercow Radell & Fernandez, 200 S. Biscayne Blvd.
CITY:
(Address Line 1)
Suite 850
(Address Line 2)
Miami STATE:
HOME PHONE: (305) 377-6235
Florida
ZIP: 33131
CELL PHONE: (305) 978-2866 FAX: (305) 377-6222
EMAIL: BFernandez@BRZoningLaw.com
I3USSINESS or APPLICANT or ENTITY NAME
230 SW 3rd Street LLC
BUSINESS ADDRESS: 2121 SW 3rd Avenue, Suite 401
(Address Line 1)
Miami, Florida 33129
(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.
Easement Modification
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?
[l YES Li 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, N/A
c.N/A
* Aclditional names can be placed on a separate page attached to this form.
4. Please describe the nature of the consideration.
N/A
N/A
N/A
5. Describe what is being requested in exchange for the consideration.
N/A
N/A
N/A
I hereby acknowledge
Ordinance 12918 and
or civil penalties that
disclosure requirement
1.
2.
PERSON SUBMITTING
that
such
may
was
the application
effect;
no application
considered
nullification
DISCLOSURE:/
subscribed
acknowledged
ACKNOWLEDGEMENT OF COMPLIANCE
it is unlawful to employ any device, scheme or artifice
circu►nvention shall be deemed a violation of the
be imposed under the City Code, upon determination
not fully and timely satisfied the following may occur:
or order, as applicable, shall be deemed
'and
from any person or entity for the same
by the applicable bo , until expiratio of
of the applicatioi or ord °.
to circumvent the disclosure requirements of
Ordinance; and that in addition to the cri►ninal
by the City Commission that the foregoing
void without further force or
issue shall be reviewed or
period of one year after the
sip ture
Ben Fernandez
before me this '
before rite by
as identification
Print
clay of _
Name
Shorn to and
instrument was
STA l l OF FLORIDACiT1 OF MIAMI
MY COMMISSIONrte
.21 The foregoing
, who has produced
and/or is personally known to me and who dicUdid not take an oath,
j4(i
Notary
knclosure(sl
Doc. No.:8650
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44..
B'TTYM A 'LL
MY COMMON # DO 060413
',
II'ruit Name
Page 2
Itomist! thru Notery W►9110 lhlienvriters
RIVERSIDE PLAZ
0
LOCATION MAP
LEGAL DESCRIPTION: NOT TO SCALE
hoof of E00570E F1.1ZA'ao'e^d'9Nthe Plat thereof more. n PM Book 139, Poge 4 of 6e
neat Rxays of .K n -O,* (any, Florida
LESS AND SCLPT
eat pal of IOU 3, MESEE FRAO as recorded in Flat Book f39, Page 43 3 Me R0R Rem. of
*06-0n. Comfy, RMHa and Merino po'(kr. of Section 37, Towel* 54 SOM, Rage 41 Eat
More pee/eh, dembed as Woes
,x¢mng at the $Callao,! can* 01 add 7RICT S Herm army ha South boundary of sad TRACT d So.
U de0ees 42 motes 40 seconds Mat for 2515 meters (760 r ) thence Abet 00 degrees 30 minutes
14 seconds Mat he 7556 rota (24790 feet) to a point on the Eat bate of the ofaesa0d 7PACT
a. 2*5 the hestey f-of-1W be of S M Id kerma Me. Amy sod East ba0ctry, S. 02
doors= 15,ricd= 35 smooth Eat to 75525 metes (247.76 feet)to the PONT OF MOMS
Together mar
Comm. of the Sath.L mar of see IOU 3, thence lag the Eat tamehry of mid TRACE 3 oho
Avg the Mee/.. tight -of -my lax of S I. 2dfeefue, WPM 02 domes 15 mimes 55 swords Mat for
78.355 prefers (257.16 feet) to the RIOT Cf BMW. Mutt SrI0 87 ogees 44 mint= 25 seen.
Mat for 1.113 metes (1655 heft berm Bath 02 degmes 15 mat= 35 seeds Mesh for 6353 metro
(21.52 feel) to a Pact of Omvetae thence Nod. y and ...my along Me as of a care minor
Southwesterly, ',oft for its Berne is a roc. of 8429 meters (21.06 Intl a ombl agk of 65 agrees
50 wino= 16 same. an am Myth c49.516 meters (51.56 fret) a# a And Maim and delete of
Abe 45 *roes 10 maul. a seconds Mat for 8744 meters (2869 feet) to a plat In the domm4d
Fast tosrby of 71NCT 3 mid Foie Reim o, Me arc of o ma -foment nem (a ncd' the beers Satyr 01
degree 54 mimeo 09 seconds Mal h Ore ceder of said ) Lhonce lay said East boundary,
So.77.mMy o1'g the ore 05 said care concave Satbs .. haring for Rs element o mores of 7.620
mekm (2500 00&,) a emhl omit of 65 dry*= 50 mime= 19 Soar. far en am Moth of 11.416
meters (37.45 feel) and a Jmf tearing ads deform 0( 5ath 45 decrees 10 Modes 46 mar. Est for
10E8 meters (34.05 feefk then adnoeg 0009 mid Est Mc... Seth 02 Mge•s 15 heater 35
seeds Fast kr 5361 meters (17.59 feet) to the MST OF BE08N6.G
SURVEYOR'S CERTIFICATION -
The un0 'fined hereby crhher that this Surrey nor made on t7,
ground os per the fed rotes an this S y and 17) cram iy sham
the boundary Ernes, dxneacom, nod om0 of the lard bleated hereon,
C) fly shows the location of all casting iapimMe7s,
monument; od other v)sbk Demo on such land, aril (H) covey
sloes the location and cEmensiora of ad t,. alleys, street;
rood; rights -of --prop ad other mothers of record of which the
a,0emigned bra been advised, affecting such kind acceMrng to the
legl description a such easements one oat. m0Nes (0'th totem*
book od Pole naMer in 50740) emepf or lawn, Mere am no
vmmak easements, 'Vt. of y poly woes, or wmeb, and More
are vier. encroachments on or you adjoining premise; streets,
0 no
try any of such Improvements to od there are
no vsdk encroachments on ce you such fend bFO5)065 , structures,
or other improvements seined on adjoining premises; and no port of
the sobjeit 0Orpropertypropertybes wthdl the 1L10-year flood plain of lhod prone
the0 floadway of any body of water and none of the
Wpmdesened Property E= within o 11c7d pod area. as mini
by eta u. S Department of Homing and Won Development pursuant
to Um Food Disaster Protection Act of 7974 except as 9hom on Ma
Surrey (See Surveyor's Note .7).
This smny n hue and correct to the best of my knowledge and
belief ea seemed od drawn under my 9yenis.Un and
Recap. The copr itb the Minimum Techn)a/ Standards
adopted by the Florida sore Board of Professional Surnyom and
Mo1Vve eant0iee in Chapter 51-17, Sad Administrative Co.
pennant to
By
/362 �ne.
Mori stems Johnson, Sec/Treasurer
Stole of Florida
lids %s s 'Basdsry/Topagrapki: 9msry'
LEGEND:
• coo. 'ogre ott
0• Mmes., pa
r
rooms me./ iBUILDdNG
L0076- 4F46a 40REssEA4144r (6 STORY PARKING GARAGE)
IOW" Trpn9.•fr Rif' G. M (ORR WHIM 1210 'ere el gum feat 1,6 f270J
=West 47Def,E•a, T(ORS]NA 7a NO REALPIOIT MOT '6-f'(OR876140,5 RN) RIVERSIDE PLAZA (I'.B.139, PG.4.
TRACT 7
d
.W.
I „a seas N[Ij
OM' OF MIA.
mast
•
Mara MN., IR
awn
mr.r. urur
was.
rams mama amass am
N
fat WPM( M. vat ryar
• IMPYIEr refre of. An'
mdracF n. aa04
Cmmam,arer
NOTES
1) Baring, Mom Meer ask h m mural tagg of 1874227 o10g the men*mt ere of SW 45 Seib
2 Semmes per. e10A 029
.n IM Heal abmglo etmm Maven nos pork. by tint
4)Me prarya emu, hon.» menu 59e 3 aseenet
5) t13ss dhow. noted Se Tor hew not o9urykd to bah too ge oxf/er f0oa0Bre
6) Bhred bye Rona. lbuvg
7)1Pis sureors MP. for Peer7a.um lOe m7400 math hum the aromas Atteom des rot
mod tor orate t e
5). pope* sleet Mean MM r. Fed. Rood Ham Z. :t- (S 9) ear f,.a M.o.. Ponds na
120650 0314 L. of FEU men ea 12869:05144 my, MM September 11. MCI
9)Ya4 ken. of e86s aeon Meath rr, go attempt has beep male N Mote ahgmed,Nem
10) [Maces atm La* by of sup];mos * ore more ad masomd are otherwise what
11) M elm nq>rw¢ a Sum I. m o made Varney, as odlsd n bRe tnneewIDul a 51-C-439730
Immnee Cam., comm..d *a 14 eff0Be Mout. Tee of Teem� 16 as oven,
AT 432 as
Me
12) Rd stele more* s AWIA7A0.514 load 0Mk 04 Aawy.'
13) T0Me we re a. mnvv 700, sew Nm Mom slam Memos
mJ lAYses slated o4640. flis f ea not art*. to the rot M nl ch Oe 04. poppy moths was
ono.. toning ra%mnes. red.. antror moot
15) Bo ch nak OH JWl mere met do loco. of the motor. of AI ld Cart Mee. N 5WM A. of AI
Sri Street m tap of awe
HO See ofbdoe 6w Rd for free i.MkTmf
„k r. 'C.5i)�
s
MAINTAINED GRASSED AREA
— ��G��� Rg�0ry&�
- We®_ �o.
++." roe
r 6 +
14ON.
L.._.._..-..—..._..
-T-R
STREET
_ R 25 00' g E
Eta°L` 0=0410'02"
A-31.56'
PACS IS
C,. ". „. 7l
SCATR 1' = 20" 0
0 20 40 60 'f"
Y'
GRAPHIC SCALE IN FEET
_N
49.68 (
2406'7y— 2240' (R
S874134
7.60' (<eg0)
58T417770 (L
17
I;
R=25.0011,
ADD=8550'19'I
"1 t
+ - N9T43'1 7
3.65'
f.� T
P.0_S.t
LESSAOIJT
LiJ I
W
>
40.00'
‘"?P.O.B_(LESSI 0 T)
07 152(7 33 CORNER �-
(PB.139-PG43)I li
REVISIONS
Dote
Wee ''he sketch 1a not tad oleo. too
el4aetae and the s4Mel mired xe N of a "bl b
pceoe:d oareyor rod 0moppet.
Remarks
ate nmentral Wit tellalco
Kii%.2417 1%.Z1 ro a..asn
of. mem,am axe amen oar
mat wuoso. wet anti: 214 his
Inet
By
ALTA/ACSM LAND TITLE SURVEY
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LAND PLANNERS • ENGINEERS • LAND SURVEYORS (L29#87)
1240 LVRPOR4TP Ly XLIKI L 2LORme •8R026 TEL R0(954)446-7010 • DI. 3Wa06Je52-7070 • tar 304164W6-3288
Mark S. lohmoa, Seery' 0keesaer
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