HomeMy WebLinkAboutApplication & Supp Docs•
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Lucia A. Dougherty
(305) 579-0603
E-Mail: dougherty!Cgtlaw.com
Ms. Teresita Fernandez
Clerk, Hearing Boards
City of Miami
444 S.W. 2nd Avenue, 7th Floor
Miami, FL 33130
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May 7, 2004
Re: Letter of Intent for Terrazas RiverPark Village
Dear Teresita:
On behalf of the property owner Windmoor Project, LLC, we are submitting a Major Use
Special Peiiiiit ("MUSP") application for approval of 324 residential units and 522 parking spaces.
Should you have any questions, please call me at (305) 579-0603. Thank you very much for
your attention to this matter.
Very truly yours,
Lucia A. Dougherty
GREE.i`nERC 'FRA€; I;,
1221 LtI RA:cm: =lvENUr; 4IfAAII, FLORIDA 33131
305-579-0500 FAX 305-579-0717 www.gtiaw.coru
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DEPARTMENT OF HEARING BOARDS
444 SW 2 d 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 TRANSMITTED TO THE OWNER OR
AUTHORIZED AGENT.
Lucia A. Dougherty on behalf of Windmoor Project, 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: 1861 N.W. South River Drive
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) 11 x17" 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 3rd Floor, prior to submittal of
application.
4. An 8 '/z x 11" copy of the plans after signature from the above departments.
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).
Rev. 08/15/03 2
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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.) Yes — The
project has been approved by the HEP Board.
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.) Yes — The project
has been approved the the HEP Board.
17. What is the acreage of the project/property site? 2.15 acres
Rev, 08/15/03 3
18. What is the purpose of this application/nature of proposed use? Approval of Major
Use Special Permit for 324 residential units and 522 parking spaces.
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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) $ 30,000 , for the Major Use Special Permit.
b) Additional fee of $ -0- , for any required special permits, changes of
zoning or variances.
c) Total Fee: $ 32,635.00
Advertising Surcharge $1,200
Mailing (205 labels x $7.00) $1,435
Signature rid Address 1221 Brickell Avenue
Name Lucia A. Dougherty Miami, Florida 33131
Telephone 305-579-0603 Date May 7, 2004
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of May
20_, by Lucia A. Dougherty who is a(n)
individual/partner/agent/corporation of
a(n) individuallpartnershipicorporation. He/She is personally known to me or who has
produced as identification and who did (did not) take an oath.
(Stamp)
Signature
OF Fla AL NOTARY SEAL
MARISOL. R GONZALEZ
NOTARY PUBLIC STATE OF FLORIDA
COMM'COMMISSION NO.DD1} ::2
C } M 1SSiON EXP. SEPT '17,2006
r)
Rev. 08/15/03
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AFFIDAVIT
Before me, the undersigned authority, this day personally appeared Lucia A.
Dougherty , 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; 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.
Lucia A. Dougherty
Applicant Name
Applicant Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this -7 day of May
20_, by Lucia A. Dougherty
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 identificatio7 and who did (did not) take an oath.
(Stamp)
Rev. 08/15/03
OFFICIAL NOTARY SEAL
MARISOL R GONZALEZ
' LTC STAFF OF FLORIDA
ti NG, DD1 -"• a2
XI', SEPT 17,2006 :
n
Signature
DISCLOSURE OF OWNERSHIP
1. Street address and legal description of subject property:
See attached Exhibit "A"
1861 N.W. South River Drive
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 their addresses and proportionate interest are
required. (Please supply additional lists, as applicable.)
Owner's Name Windmoor Project LLC, a Florida limited Liability Company
Mailing Address c/o B & B Development Services, LLC, Miami, FI Zip Code 33129
Telephone Number 305-859-9787
50% Windmoor Property, LLC
50% BA investment Groups — USA
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
1140 N.W. 18 Place
1130 N.W. 18 Place
Lucia A. Dougherty
Owner or Attorney for Owner Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Legal Description
Edenholme Gardens PB 10-24 Lot 18 Blk 2
Edenholme Gardens PB 10-24 Lot 17 Blk 2
/
v
Owner or Attorney for Owner Signature
The foregoing instrument was acknowledged before me this J day of May
20_, by Lucia A. Dougherty
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)
OFFICIAL NOTARY SEAL
.�
MARISOL R GONZALEZ
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. DD12
MY COMMISSION EXP. SEPT 172006
Rev. 08/15/03
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Exhibit "A"
LEGAL DESCRIPTION
THE NORTH 480 FEET OF LOT 5, OF "VALENTINES SUBDIVISION", OF THE
SOUTHEAST 1/4 OF SECTION 34, TOWNSHIP 53 SOUTH, RANGE 41 EAST,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK B, PAGE 10, OF
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, (BEING THAT
PROPERTY LYING BETWEEN THE CENTERLINE OF NORTHWEST SOUTH RIVER
DRIVE AND THE MIAMI RIVER, AS SHOWEN ON THE PLAT OF EDINHOLME
GARDENS, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 10 AT
PAGE 24, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA,
EXCEPTING THEREFROM LANDS ALONG THE RIVER FRONT HERETOFORE
CONVEYED TO THE CITY OF MIAMI, FLORIDA, A MUNICIPAL CORPORATION, FOR
RIVER WIDENING PURPOSES, TOGETHER WITH ANY RIPERIAN RIGHTS
APERTAINNING THERETO, AND ALSO EXCEPTING THEREFROM LANDS
CONVEYED TO THE CITY OF MIAMI A MUNICIPAL CORPORATION, IN OFFICIAL
RECORDS BOOK 10474, PAGE 1715, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA.
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Exhibit "B"
Ownership Percentage
Name
Percentage Ownership
Windomoor Property, LLC
50%
Individual
Miguel Angel Barbagallo
Alberto Barbagallo
Rubens Tabarly
Eduardo Ariel Scofu
Individual Percentage Ownership
24.225%
13.775%
9.5%
2.5%
BA Investment Groups — USA Corp. 50%
Individual
Eduardo Claudio Leiro
Rodolfo Federico Borda
Julio Alberto Comparada
Eduardo Mauricio Martino
Jorge Ricardo Martino
Fernando Enrique Granda
Individual Percentage Ownership
12.5%
12.5%
1.1.875%
5.9375%
5.9375%
1.25%
"Off.1Et.I.
20841P6t 130
prepared byttnl! return to.
Donald P. Dufresne, Esq.
Attorney at Law
Adorno & Voss, P.A.
1551 Forum Piace Buildings 200 & 400
West Palm Beach, FL 33401
File Number: 202856.0001
02R7$4182 2002 DEC 05 11:37
DOCSTPDEE 241000.00 SURTX 18►000.00
HARVEY RUVIN, CLERK DADE COUNTY? FL
jSpace Above This Line For Recording Natal
Special Warranty Deed
This Special Warranty Deed made this / 'day of November. 2002 between Health Care REIT. Inc., a
Delaware corporation, whose post office address is One Seagate, Suite 1500, P.O. Box 1475, Toledo, OH 43603-1475,
grantor, and Windmoor Project, LLC, a Florida limited liability company whose post office address is 201 Alhambra
Circle, Suite 1102, Miami, FL 33134, grantee:
(whenever used herein the tetras grantor and grantee include all the parties to this instrument and the heirs, legal represenIstives, and assigns of individuals.
and the successors and assigns of corporations, trusts and trustees)
Witnesseth, that said grantor, for and in consideration of the sum TEN AND NO/100 DOLLARS (S 10.00) and other good
and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, hereby
grants, bargains, sells, aliens, remises, releases, conveys and confirms unto grantee, and grantees heirs and assigns forever,
the following described land, situate, lying and being in Mtanil-Dade County, Florida, to -wit:
The North 480 feet of Lot 5 of VALENTINE'S SUBDIVISION of the SE 1/4 of Section 34, Township
53 South, Range 41 East, according to the plat thereof, as recorded in Plat Book 11, at Page 10, of the
Public Records of Miami -Dade County, Florida, excepting therefrom lands conveyed to the City of
Miami in Official Records Book 10474, Page 1715.
Parcel identification Number: 3134-042-0010
and
Lots 17 and 18, Block 2, EDENHOLME GARDENS, according to the Plat thereof, as recorded in
Plat Book 10, Page 24, of the Public Records of Miami -Dade County, Florida.
Parcel Identification number: 3134-050-0240 and 0250
SUBJECT TO:
1. Zoning and/or restrictions or prohibitions imposed by governmental authority.
2. All reservations. restrictions, covenants, easements, conditions and other matters of record, none of which
ere reimposed hereby.
3. Taxes and assessments for the tax year 2003 and subsequent years.
4. Matters which are disclosed in that certain Boundary Survey by Superior Consultants, Inc., dated October 2,
2002, bearing Order No. 424349.
5. Matters which are disclosed in that certain Boundary Survey by Superior Consultants, Inc., dated October
31. 2002, bearing Order No. 424594.
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Together with the improvements thereon and all the tenemepts, hereditaments and appurtenances thereto belonging or w
anywise appertaining,
To Have and to Hold, the same in fee simple forever.
And the grantor hereby covenants with said grantee that, at the time of delivery of this Special Warranty Deed. the premises
were free from all encumbrances made by grantor, except for taxes accruing subsequent to December 31. 2002, and that the
grantor will warrant and defend the same against the lawful claims and demands of all persons claiming by, through or under
grantor, but against none other.
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written.
Signed, scaled and delivered in our presence:
al A
Witnes
Witness Natnc
Health Care REIT, Inc.
a Delaware corporation
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VICE PRESIDENT AND
CORPORATE SECRETARY
wkgr
(Corporate Seal)
y� vim
State of Ohio•
County of Lucas •
The foregoing instrument was acknowledged before the this L day ofNovember, 2002, by 48114 C. !aEL !,
as VIDE PRESIDENT Eawfr — of Health Care REIT, inc., a Delaware corporation, on behalf of the corporation. i iSlte 11
persona yy tooim to me or { ) has produced a driver license as identill Lion. f? '
[Notary Seal]
Special 1Varrrtary Deed • Page?
SJLU At4
Notary Public ,
Printed Name:
RITA J. ROCiGE
Notary Public, Slate of Onto
o Commisston Expires 8126105
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RECORD VEREHa n
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