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ATTis E N E " S AL LAW
Adrienne Friesner Pardo
(305) 579-0683
E-Mai l : llardoa@gtlaw.com
November 7, 2003
Ms. Teresita Fernandez
Clerk, Hearing Boards
City of Miami
444 S.W. 2nd Avenue, 7t11 Floor
Miami, FL 33130
Re: Letter of Intent for Onyx MUSP
Dear Teresita:
On behalf of the property owner Biscayne Bay Lofts, LLC, we are submitting a Major Use
Special Permit ("MUSP") application for approval of a residential towers which consists of 118
units pursuant to Article 5 and Section 914 of the Zoning Ordinance.
Should you have any questions, please call me at (305) 579-0683. Thank you very much
for your attention to this matter.
Very truly yours,
Adrienne Friesner Pardo
GREENBERG T tURIG, P.A.
1221 BRICKELL AVENUE MIAMI, FLORID:A 3313.1.
305-579-0500 FAX 305-579-0717 www.gtlaw.e inn
.AMSTERDAM ATLANT.A 3UC.A 1RATON BOSTON CH1cA6-o ➢ENVER Foir 1.AUr3ERDALE: Los ANGELES MIA511 NEW JERSEY NEW YORK ORLAiNDO
PHILADEL1 HIA PHOENIX T.ALL t11.t;ss.EE 175sor s CORNER WSS11INGTON, D.C. WEST PALM B.EAC13 WILMINGTON 'I RIC1l
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DEPARTMENT OF HEARING BOARDS
444 SW 2nd Avenue, 7th Floor • Miami, Florida 33130
Telephone 305-416-2030 • Fax 305-416-2035
PUBLIC HEARING APPLICATION FOR A
MAJOR USE SPECIAL PERMIT
Welcome to Hearing Boards! This application process is for your reference and review.
It is intended to serve as a guide in acquainting you with our public hearing process. Following
are a series of concerns/requirements for you take into account. By any means, please feel
free to contact the department, should you have any questions.
CITY OF MIAMI 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.
The responses to the attached application must be typed and the complete application
must be 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 5:00 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.
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. 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.
An additional recordation cost for the resolution is $6.00 for the first page and $4.50 for
additional pages. All fees are subject to change. Also, for City Commission resolutions,
please contact the City Clerk's Office at 305-250-5360.
Applications for Zoning Change (Amendment to Zoning Atlas and/or Overlay District) and Land
Use Change (Amend the Comprehensive Neighborhood Plan) will not be accepted unless it
has a signature from the Planning and Zoning Department designee.
Applications given to customers do not constitute action from the City of Miami without
plans review and written comments from the Zoning Division of the Planning and
Zoning Department.
Rev, 08/15/03
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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)
FINAL APPROVAL OF THIS APPLICATION FOR MAJOR USE SPECIAL PERMIT SHALL CONSIST OF AN
EXECUTED RESOLUTION BY THE MIAMI CITY COMMISSION AND A DEVELOPMENT ORDER ATTACHED
THERETO WHICH SPECIFIES THE CONDITIONS UNDER WHICH THIS MAJOR USE SPECIAL PERMIT
APPLICATION IS APPROVED. IF APPROVED BY THE CITY COMMISSION, SAID RESOLUTION AND
DEVELOPMENT ORDER SHALL, UPON EXECUTION THEREOF, BE TRANSMII-1'ED TO THE OWNER OR
AUTHORIZED AGENT.
I, Adrienne F. Pardo, on behalf of Biscayne Bay Lofts, LLC
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 at
the following location: 665 and 721 N.E. 25th Street, 720 NE 26th Street
1. Two (2) original surveys prepared by a State of Florida registered land surveyor within six (6) months
from the date of application.
2. Two (2) 11x17" original plans and one (1) 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 Hearing Boards first and then signed by Public Works on the 8th Floor,
Zoning on the 4th Floor and Planning on the 3`° Floor, prior to submittal of application.
4. An 8 'V2 x 11" copy of the plans after signature from the above depa, t<nents.
5. Affidavit and disclosure of ownership of subject property and disclosure of interest (see pages 5 and 6).
• 6. Certified list of owners of real estate within a 500-feet radius from the outside boundary of property (see
pages 7 and 8).
7. At least two photographs that show the entire property (land and improvements).
8. A clear and legible copy of the recorded warranty deed and tax forms of the most current
year that shows the present owner(s) and legal description of the property.
9. A clear and legible copy of the subject property's legal description on a separate sheet of
paper.
10. Maps showing the existing zoning designation and the adopted comprehensive plan
designation for areas on and around the property.
11. 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.
12. 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.
13. Developmental Impact Study (an application for development approval for a Development
of Regional Impact may substitute).
14. 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.
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? (Contact the Preservation
Officer at the Planning and Zoning Department at 305-416-1400 for information.) No
16. Is the property within the boundaries of an Environmental Preservation District designated
pursuant to Chapter 17 of the Miami City Code? (Contact the Preservation Officer at the
Planning and Zoning Department at 305-416-1400 for information.) No
17. What is the acreage of the project/property site? .929 acres
18. What is the purpose of this application/nature of proposed use? Approval of mutli-
family residential building with additional FAR pursuant to Article 5 and Section 914 of the
Zoning Ordinance.
Rev. 08/15/03 3
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19. All documents, reports, studies, exhibits (8 %2 x11") or other written or graphic materials to
be submitted at the hearing shall be submitted with this application.
20. Other (specify and attach cover letter explaining why any document you are attaching is
pertinent to this application).
21. Cost of processing according to the City Code:
a) $ 8,466.30, for the Major Use Special Permit.
b) Additional fee of $ -0- , for any required special permits, changes of
zoning or variances.
Surcharge $1,150
Mailing ($7.00 x 118) $826.00
c) Total Fee: $ 422
Signature it L
Name
Adrienne F. Pardo
Telephone 305-579-0683
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Address 1221 Brickell Avenue
Date
Miami, Florida 33131
The foregoing instrument was acknowledged before me this day of
2003, by Adrienne F. Pardo
who is a(n) individual/partner/agent/corporation of
a(n) individual/partnership/corporation. He/She is personalty known toxrne or who has
produced as identification and who did_ (did not) take an oath.
(Stamp)
Signature
OFFICIAL (NARY SEA L
MARISOL R GONZALEZ
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO, 0D148882
MY COMMISSION EXP. SEPT 17,2006
Rev. 08/15/03 4
AFFIDAVIT
Before me, the undersigned authority, this day personally appeared Adrienne F. Pardo
, who being by me first deposes and says:
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, x including
responding to day to day staff inquires; 0 not including responding to day to day staff
inquiries in which case he/she should be contacted at
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.
Adrienne F. Pardo
Applicant Name Applicant Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DARE
The foregoing instrument was acknowledged before me this day of
2003, by Adrienne F. Pardo
who is a(n) individual/partner/agent/corporation of
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)
Rev. 08/15/03 5
Signature
OFFICIAL Nil
MARISOL R GO Y
NOTARY PUBLIC srA7
MY COMMISS/ON COMMISS/O 7VC) 1)2488IRiDA
-n- EXP. EPr 17
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DISCLOSURE OF OWNERSHIP
1. Street address and legal description of subject property:
665 and 721 NE 25 Street and 720 NE 26th Street
See Attached Exhibit "A"
2. Owner(s) of subject property and percentage of ownership. Note: The Miami City Code
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, disclosure of shareholders of corporations, beneficiaries of trusts, and/or
any other interested parties, together with theft addresses and proportionate interest are
required. (Please supply additional lists, as applicable.)
Owner's Name
BAP-GGM Biscayne Bay, LLC
Mailing Address 2601 S. Bayshore Drive Zip Code 33133
Telephone Number (305) 859-2050
See attached Exhibit "B"
3. Street address and legal description of any property (a) owned -by any party listed in
answer to question #2 and (b) located within 500 feet of the subject property. (Please
supply additional lists, as applicable.)
Street Address Legal Description
None
Adrienne F. Pardo
Owner or Attorney for Owner Name Owne
,t_.t per,_ (LA
or Attorney for Owner Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DADE jj�� _
The foregoing instrument was acknowledged before me this % ,g � �day of �-`✓l
2003, by Adrienne F. Pardo
who is e(n) individual/partner/agent/corporation of
a(n) individual/partnership/corporation. He/She is personally known m.e or who has
produced as identification an w o did (did not) take an oath.
(Stamp)
Signature
N
MARISOL 1WDNLEZ
NOTARY PUBLIC STATE OF FLORIDA
Ra" nail Qrn1
a
'M1T 111,10W
G13I
%hs.m
EXHIBIT "A„
5F2ONEO FTREEi *
FIG H 1
i I
(4-52)
(8-55)
K
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M
LOCATION MAP
Scale: 1'= 100'
_ r7
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57
[LEGAL DESCRIPTION1
Lot 6, and the East 50.00' feet at Lot 5 Block 1, wOFFO%O and JOHNSON'S RESUB€AVlSION, ^U`r'ording
to the oat thereof, as recorded In Plat Book 7. at Page 111. of the Pubic Records. of Miami ode
County. Florida.
AND;
Lot O, LESS the North 5.00' feet, Black B, AMENDE0 AND EXTENC)ED PLAT CF BWOCIr5 A-8 and C, BANYAN
PLACE. according to the plat thereat, as recorded In rat Back 8, at Page 55, of the PubNk Records or
Mlarni-Dada County. Rodad. together with the Improvements thereon and appurtenances thereto and
al riparian and Ilttorai rights pertatning thereto.
Property Address 665 a 721 N.E. 25rh Street. Ivticanf. Fonda 33137 and.
720 N.E. 26th Street, ,M 1crr4, Florida 33137.
Exhibit "8"
BAP - GGM Biscayne Bay, LLC
According to the Operating Agreement for BAP-GGM BISCAYNE BAY, LLC , it lists the following
as "Members":
BAP Bay Lofts, LLC
GGM Developers, LLC
50% Interest
50% Interest
Company Ownership Breakdown:
BAP Development, Inc.
Willy Bermello - 50% shares
Luis Ajamil - 50% shares
GGM Developers, LLC
Gustavo Miculitzki -- 99%
Primetime Properties, Inc. - 1 %
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Return to:
Matthew B. Wealcatch, Esquire
Serber & Associates, P.A.
Turnberry Plaza, Suite 801
2875 N.E. 191' Street
Aventura, FL 33180
This instrument prepared by:
Matthew B. Wealcatch, Esquire
Serber & Associates, P.A.
The Turnbcrry Plaza - Suite 801
2875 N.E. 191" Street
Aventura, Florida 33180
111111111111111111111111111111111111111111111
CFH 2003RO8cI5945
OR Bk 21773 Ps5 3858 - 3859; (2pssi
RECORDED 10/28/2003 13:20:27
HARVEY RUVINT CLERK OF COURT
MIA1tI-DADE COUNTYr FLORIDA
UNITY OF TITLE
The undersigned is the owner of the property hereinafter described. In consideration of
the sum of ten dollars ($10.00) and other good and valuable consideration, the undersigned
hereby agrees to restrict the use of the following legally described property:
The West 50 feet of Lot 6 and the East 50.00 feet of Lot 5 in
Block 1 of WOFFORD AND JOHNSON'S
RESUBDIVISION, according to the Plat thereof, as
recorded in Plat Book 7, page 111 of the Public Records of'
Miami -Dade County, Florida.
AND
Lot "0" Less the North 5 feet in Block B of the Amended
and Extended Plat of Block A, B and C of BANYAN
PLACE, according to the Plat thereof, as recorded in Plat
Book 8, page 55 of the Public Records of Miami -Dade
County, Florida.
AND
Lot 6 Less the West 50 feet thereof of Block 1 of
WOFFORD AND JOHNSON'S RESUBDIVISION,
according to the Plat thereof, recorded in Plat Book 7, page
111 of the Public Records of Miami -Dade County, Florida.
The restriction of use of the aforementioned property shall be as follows:
1. That said property shall be considered as one plot and parcel of land, and that
no portion of said plot and parcel of land shall be sold, transferred, devised, or
assigned separately except in its entirety as one plot or parcel of land.
2. The undersigned further agrees that this condition, restriction, and limitation
shall be deemed a covenant running with the land and shall remain in full force
1
STATE OF FLORIDA, COUNTY or OADE
CERTIFY ravr Urrs rs e r
ar�r.F
r:wic9 or.:
r V
YA E; VEY R
SY��] tin ti
(1.f-c7 ' w r 7 rvunly C:cUrfs
OR E K 21773 PG 3859
LAST PAGE
and effect, and be binding upon the undersigned, their heirs and assigns until
such time as the same may be released in writing by the Director of the Miami -
Dade County Planning, Zoning and Building Department or the executive
officer of the successor of such department, or, in the absence of such director
or executive officer, by his assistant in charge of the office in his absence.
Signed, sealed, executed and acknowledged on this c.,1 7 day of October, 2003, at
Miami -Dade County, Florida.
Witnesses:
Print Name:
Pant Name A.
STATE OF FLORIDA )
: SS
COUNTY OF MIAMI-DADE )
BISCAYNE BAY LOFTS, L.L.C.,
a Florida limited liability company
By: BAP GGM Biscayne Bay,
L.L.C., a Florida limited liability
company, its Managing Member
By: UJ
Willy A. Berme
By:
er
Gus is v • Miculitzki, ' !T ager
BEFORE ME, the undersigned authority, appeared Willy A. Bermello and
Gustavo Miculitzki as, Managers of BAP GGM Biscayne Bay, L.L.C., a Florida limited
liability company, the Managing Member of BISCAYNE BAY LOFTS, L.L.C., a
Florida limited liability company who are personally known to me or who have produ
as identification, and acknowledged that he/sh
executed the foregoing instrument for the purposes expressed therein.
WITNESS my hand and seal in the State and County aforesaid, this-nz day of
October, 2003.
�`ser
Daniel JavierSet
#MY Commiasim cc876831
',..,..F Expires November 13, 2003
Mew/ W l751
NOTARY PUBLIC, State of Florida
Print Name:
My Commission Expires:
2
111111111111111111111111111111111111111111111
This Document Prepared By:
Evans & Luptak, P.L.C.
4700 NW Boca Raton Blvd,
4th Floor
Boca Raton, Florida 33431
Return to:
Serber & Associates, P.A.
Turnberry Plaza, Suite 801
2875 Northeast 191 st Street
Aventura, Florida 33180
Parcel ID Number: Parcel 1: 01-3230-021-0260
Parcel ID Number: Parcel 2: 01-3230-024-0060
Parcel ID Number: Parcel 3: 01-3230-024-0050
Warranty Deed
CEt'i 2003RO3O5938
OR edt 21773 Pss 3810 - 3811; (2o s)
RECORDED 10/28/2003 13:20:27
DEED DOC TAX 34,200.00
SURTAX 25r650.00
IlARVE'Y RUVINr CLERK OF COURT
t1IAl1I--DADE COUNTY, FLORIDA
1.
This Indenture, Made this .'end day of October, 2003 A.D., Between
Urban Land Group, L.L.C, a Florida limited liability company of the County of Miami -Dade,
State of Florida, grantor, and Biscayne Bay Lofts, L.L.C., a Florida limited liability company
whose address is: 2601 South Bayshore Drive, 10th Floor, Miami, FL 33133 of the County of
Miami -Dade, State of Florida, grantee.
Witnesseth that the GRANTORS, for and in consideration of the sum of
TEN DOLLARS ($10) DOLLARS,
and other good and valuable consideration to GRANTORS in hand paid by GRANTEES, the receipt whereof is
hereby acknowledged, have granted, bargained and sold to the said GRANTEES and GRANTEES' heirs, successors
and assigns forever, the following described land, situate, lying and being in the County of Miami -Dade, State of
Florida to wit:
See Description in attached Exhibit A
and the grantor dopes hereby fully warrant the title to said land, and will defend the same against lawful claims of all
persons whomsoever.
In Witness Whereof, the grantor has executed this Warranty Deed the day and year first above
written.
Signed, sealed and [jlivered in our presence:
Urban
l�r aFlor
Pnnted Name: 1 NCrd& 1-1 (2 By:
W .tness
STATE OF Florida
COUNTY OF Miami -Dade
p, L.L.C.
iability company
JOSHUA M. GOLDBERG
Manager
Address: 1101 Brickell Avenue
Suite 1005-S, Miami, FL 33131
3
The foregoing instrument was acknowledged before me this 2/nd day of October, 2003 by Joshua M.
Goldberg, Manager of Urban Land Group, L.L.C., a Florida limited liability company on behalf of the
corporation. He is personally known to me or he has produced his Florida driver's license as
identification.
uULf, ANNE CARSON_ r Q , [ /�Y
NOTARY t+t)arrC - STATE Of TLOAKIA
co wssaio rated Name: AA r-vri rv-e OP4,6-1 `
E.xpiRBONDED rtrtu 1-0ss•NOTARY1 Notary Public:
[NOTARY SEAL OR STAMP] My Commission Expires: / /
OR k K 21773 PG 3 8 1 1
LAST PAGE
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EXHIBIT A
PARCEL 1:
Lot "0" less the North 5 feet in Block "B" of the Amended and Extended Plat of
Blocks "A", "B" and "C", of BANYAN PLACE, according to the Plat thereof, as
recorded in Plat Book 8, Page 55, of the Public Records of Miami -Dade County,
Florida.
Parcel ID Number: 01-3230-021-0260
AND
PARCEL 2:
AND
The East 50 feet of Lot 5, and the West 50 feet of Lot 6, in Block 1, of WOFFORD
AND JOHNSON'S RESUBDIVISION, according to the Plat thereof, as recorded in
Plat Book 7, at Page 111, of the Public Records of Miami -Dade County, Florida.
Parcel ID Number: 01-3230-024-0060
AND
PARCEL 3:
Lot 6, less the West 50 feet thereof, of Block 1, of WOFFORD AND JOHNSON'S
RESUBDIVISION, according to the Plat thereof, as recorded in Plat Book 7, Page
111, of the .Public Records of Miami -Dade County, Florida.
Parcel ID Number: 01-3230-024-0050
TOGETHER WITH (as to all three parcels) all structures and improvements
thereon and all strips, gores, easements, privileges, right-of-way, riparian and other
water rights, rights to lands underlying any adjacent street or roads, and other
tenements, hereditaments and appurtences, if any, pertaining to or accruing to the
benefit of the land.
SUBJECT (as to all three parcels) to existing leases, and rights of tenants in
possession, zoning ordinances, and easements, restrictions and other encumbrances
of record.
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