Loading...
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 , ,'il xa t wt , a d(` 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 Secttin 37, Tom* 54 Saalh, Rage 41 far; C,ty of M)mrv, Mimi -Dade Carty, fhmda ��L•/LfATEUl2£—C�/2L3.f2[J2 �//s20 G': /2t s JI2Le. 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 Roe* Imo sanelat Me. 4fo7 else. o1 name 9+tldmae IDpvn et se.t. d name. Tmprn Hf. um 0.7m ere-17-Of Gael. err. seen I'- z0' 3a. a AJ-4263