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• 1 In BERCOW & RADELL ZONINQ. I -AND USE AND ENVIRONMENTAL LAW Direct: 305.377.6235 E-Mail: pfernandez@brzonlnalaw.com VIA HAND DELIVERY August 7, 2003 Ms. Teresita Fernandez Executive Secretary Planning & Zoning Department Hearing Boards Division City of Miami Riverside Center 444 SW 2nd Avenue, 7th Floor Miami, FL 33130 RE: Roads End Village - Major Use Special Permit Application Dear Ms. Fernandez: This law firm represents Roads End Village, LLLP relation to the referenced application. This letter shall serve as the Applicant's letter of intent in order to request the following approvals: • Per City Code, Chapter 36. Construction equipment request for waiver of noise ordinance while under construction for continuous pours. • MUSP, per Article 5, Section 502 (c), PUD districts; minimum area, maximum densities and maximum floor area ratios permitted to increase by twenty percent (10,267.1 square feet) of additional floor area. • Variance of Article 4, Section 401, to permit a 7-foot side street setback on SW 9t11 Court where a 15-foot setback is required and a 10-foot front setback on SW 10t11 Street and SW 11t11 Street where a 20-foot setback is required. WACHOVIA FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI, FLORIDA 33131 PHONE. 306.374.5300 • FAX. 305.377.6222 Ms. Teresita Fernandez August 12, 2003 Page 2 The Major Use encompasses the following special permit: • CLASS I SPECIAL PERMIT as per Article 9, Section906,6, for pool/outdoor recreation area. Should you have any questions or comments, please do not hesitate to contact me. BF/b1 Enclosures • Sincerely, en Fernan BERCOW & RADELL • • DEPARTMENT OF HEARING BOARDS 444 SW 2nd Avenue, 71" Floor • Miami, Florida 33130 Telephone 305-416-2030 • Fax 305-416-2035 APPLICATION FOR MAJOR USE SPECIAL PERMIT IT IS INTENDED THAT MAJOR USE SPECIAL PERMITS BE REQUIRED WHERE SPECIFIED USES AND/OR OCCUPANCIES INVOLVE MATTERS DEEMED TO BE OF CITYWIDE OR AREA -WIDE IMPORTANCE. THE CITY COMMISSION SHALL BE SOLELY RESPONSIBLE FOR DETERMINATIONS ON APPLICATIONS FOR MAJOR USE SPECIAL PERMITS. (SEE ARTICLE 17 OF ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA.) THE DIRECTOR OF THE DEPARTMENT OF PLANNING AND ZONING SHALL MAKE RECOMMENDATIONS ON ALL APPLICATIONS FOR MAJOR USE SPECIAL PERMITS AND FOR ANY AMENDMENTS THERETO AND SHALL TRANSMIT SAID APPLICATIONS AND RECOMMENDATIONS TO THE PLANNING ADVISORY BOARD FOR ITS RECOMMENDATIONS AND MAY MAKE REFERRALS TO OTHER AGENCIES, BODIES, OR OFFICERS FOR REVIEW, ANALYSIS, AND/OR TECHNICAL FINDINGS AND DETERMINATIONS AND REPORTS THEREON. (SEE SECTION 1301,4 OF ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA.) 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. APPLICANTS ARE RESPONSIBLE, IF NEEDED, TO BRING AN INTERPRETER FOR THE ENGLISH LANGUAGE TO ANY PRESENTATION BEFORE CITY BOARDS, COMMITTEES AND THE CITY COMMISSION. 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. THIS APPLICATION MUST BE TYPEWRITTEN AND SIGNED IN BLACK INK. IT WILL BE ACCEPTED, ALONG WITH PERTINENT DOCUMENTS, ONLY THE FIRST SEVEN DAYS (1-7) OF THE MONTH FROM 8:00 AM UNTIL 6:00 PM. PLEASE NOTE THAT THE CASHIER LOCATED ON THE 4TH FLOOR WILL CLOSE AT 4:00 PM; THEREFORE, THE COMPLETE APPLICATION, REVIEWED PLANS AND A PAID RECEIPT MUST BE SUBMITTED. I, Ben Fernandez, Esq. on behalf of Roads End Village, LLLP hereby apply to the Director of the Planning and Zoning Department of the City of Miami for approval of a Major Use Special Permit under the provisions of Article 17 of the City of Miami Zoning Ordinance. Property Address: 928 SW 10th Street & 915 SW 11 th Street Nature of proposed use (be specific): Townhome Development (Planned Unit Development) 1. Two 11x17" original current surveys and one 24x36" original survey, prepared by a State of Florida Registered Land Surveyor within six months from the date of application. 2. Two 11x17" original plans and one 24x36" original plan, signed and sealed by a State of Florida Registered Architect or Engineer showing property boundaries, existing (if any) and proposed structure(s), parking, landscaping, etc.; building elevations and dimensions and computations of lot area and building spacing. 3. Plans need to be stamped by the Department of Hearing Boards first and then signed by Public Works, Zoning and Planning prior to submission of application. Rev. 03/27/03 • • o 4. Affidavit and disclosure of ownership of subject property and disclosure of interest (see attached forms). 5. Certified list of owners of real estate within a 500-feet radius from the outside boundary of property (see pages 5 and 6). 6. At least two photographs that show the entire property (land and improvements). See Tab "D': 7. Maps showing the existing zoning designation and the adopted comprehensive plan designation for areas on and around the property. See Tab "E". 8. General location map showing relation to the site or activity to major streets, schools, existing utilities, shopping areas, important physical features in and adjoining the project, and the like. See concept Plan under Tab "6". 9. Concept Plan: a) Site plan and relevant information per Section 1304.2.1d-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. 10. Developmental Impact Study (an application for development approval for a Development of Regional Impact may substitute). See Tab "4". 11. Other (specify and attach cover letter explaining why any document you are attaching is pertinent to this application). 12. An 8'/z x 11" copy of all exhibits that will be presented at the hearing. 13. Twenty-five (25) "Major Use Special Permit" books containing the above information. If this project requires Zoning Board approval, a total of thirty-five (35) books will be required. 14. Cost of processing according to the City Code: a) $ , for the Major Use Special Permit b) Additional fee of $ , for any required special permits, changes of zoning or variances. c) Total Fee: $ 15. is the property within the boundaries of a historic site, historic district or archeological zone designated pursuant to Chapter 23 of the Miami City Code? No. 16. Is the property within the boundaries of an Environmental Preservation District designated pursuant to Chapter 17 of the Miami City Code? No. Rev. 03/27/03 2 0 17. What is the purpose of this Major Use Special Permit? To develop a Planned Unit Development Townhome Community. • • Signature Name Address 200 South Biscayne Boulevard, #850 Miami, FL 33131 Ben Fernandez, Esa. Telephone 305-377-6235 Date August 7, 2003 Rev. 03/27/03 3 • • • STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledud before me this 7th day of August, 2003, by Ben Fernandez who is an individual lg"personally known to me or 0 who has produced as identification and who © did ❑ did not take an oath. (Stamp) BETTY LLERENA MY COMMISSION # DD 095997 EXPIRES: February 27, 2008 1-800.3.NOTARY FL Notary service & Bonding, Inc. STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of 20 , by of a corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification and who did (did not) take an oath. (Stamp) Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of 20 , by partner (or agent) on behalf of a partnership. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Signature Rev. 03/27/03 AFFIDAVIT Before me, the undersigned authority, this day 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 accompanying application for a public hearing as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the foregoing pages of this affidavit and made a part thereof. 2. That all owners which he/she represents, if any, have given their 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 accompanying petition, 0 including responding to day to day staff inquires; ❑ not including responding to day to day staff inquiries in which case he/she should be contacted at 305-377-6235. 3. That the foregoing pages are made a part of this affidavit contain the current names, mailing addresses, telephone numbers and legal descriptions for the real property of which he/she is the owner or legal representative. 4. 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 Name Applicant Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 7th day of August, 2003, by Ben Fernandez, Esq. who is an individual Ill personally known to me or 0 who has produced as identification and who ❑ fl • id of take an oath. 4,440r (Stamp) Siratu BETTY LLERENA MY COMMISSION 0 00 095997 EXPIRES; February 27, 2008 1' 3-Nd rAAY FL Notary Servloe A Bonding, Inc. Rev. 12/05/01 • • • Owner's Name Mailing Address Telephone Number Legal Description: OWNER'S LIST Roads End Village, LLLP 2701 SW 3 Avenue, Miami, FL Zip Code 33129 Lots 1, 2, 3, 4, 13, 14, 15, 16, Block 3, "Reno Subdivision", according to the plat thereof as recorded in Plat Book 13 at page 1, of the Public Records of Dade County, Florida: and Lots 1 and 10, Block 3, "Stuart Subdivision", according to the Plat thereof as recorded in Plat Book 7, page 133, of the public records of Dade County, Florida. Owner's Name Mailing Address Zip Code Telephone Number Legal Description: Owner's Name Mailing Address Zip Code Telephone Number Legal Description: Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 500 feet of the subject site is listed as follows: Street Address Legal Description N/A N/A Street Address Legal Description N/A N/A Street Address Legal Description N/A N/A Rev. 03/27/03 • • DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: Lots 1, 2, 3, 4, 13, 14, 15, 16, Block 3, "Reno Subdivision", according to the plat thereof as recorded in Plat Book 13 at paae 1, of the Public Records of Dade County, Florida,: and Lots 1 and 10, Block 3, "Stuart Subdivision", according to the Plat thereof as recorded in Plat Book 7, page 133, of the public records of Dade County, Florida. 928 SW 10th Street & 915 SW 11t'' Street. 2. Owner(s) of subject real property and percentage of ownership. Note: The Code of the City of Miami requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question #2 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. Roads End Village, LLLP General Partner: Roads End Village Development, LLC 1 % Leonardo C. Ortega 100% Limited Partners: Merrit Development, LLC 99% Carlos A. Ortega Leonardo C. Ortega Joaquin C. Rionda Juaquin S. Rionda Henry Torres Peter Torres 3. Legal description and street address of any real property (a) owned by any party listed in answer to question #2, and (b) located within 500 feet of the subject real property. No. Ben Fernandez, Esq. Owner or Attorney for Owner Name Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE Ow er or Attorne for O ner The foregoing instrument was acknowledged before me this 7t" day of August, 2003, by Ben Fernandez, Esq. who is an individual CI personally known to me or ❑ who has produced as identification and who ❑ did 0 did not take an oath. (Stamp) BETTY LLERENA MY COMMISSION # DO 095997 EXPIRI;B:;February 27, 2008 L 1.0063-NOTARY FL Notary Service 8 Balding, Inc. Rev. 12/05/01