HomeMy WebLinkAboutSubmittal-Debbie Dolson-Information PacketIgnorance Is Not An Excuse
Debbie Dolson PH-3
4205 Lennox Drive, Coconut Grove, FL 33133
Submitted into the public(Jt.
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on
record l �1 1 I I �5}
City Clerk
There have been clear violations and irregularities regarding the plat process of Battersea Woods.
The developers expressed that they went through the entire process and did not know about the warrant
requirement until September 11, 2015. This requirement is clearly stated in the NCD3 Code, Appendix A 3.6-
g.1.
I have submitted 3 documents showing the developer's knowledge of the NCD3 designation:
• a copy of the Miami -Dade T-Plat application filled out by the developer
• a screen shot of the City of Miami GIS tool listing this property as NCD3
• the original T-Plat dated March 13, 2014
In an email on record dated Oct. 7, 2015, Mr. Gus DeRibeaux, a real estate attorney and co-founder of
Palmcorp stated, "not knowing much about the warrant process, we were unable to address the city's
requirement at that meeting..." Palmcorp's attorney, Javier Vazquez practices zoning and land use law. It is
obvious that they know these codes and it is hard to believe that with these credentials, the legal team
allowed Palmcorp to take this risk, especially after executing a "Hold Harmless" agreement on June 9, 2015.
If 1 build an illegal addition onto my house and code enforcement tells me 1 have to tear it down --1 can't use
the excuse that "I didn't know about this code requirement". Battersea Woods is a clear case of "don't ask
permission ahead of time, ask for forgiveness later." This is a business strategy that cannot be rewarded.
Lest you think I am an angry neighbor or against development, I assure you, I am not. When the code is
enforced, everyone wins. The City Attorney has created a serious breach that affects not only Coconut Grove,
but the city of Miami as a whole. Mr. Cejas has now issued an interpretation in defense of his questionable
earlier decision to avoid the warrant process for Battersea Woods. This interpretation is a result of the City
Attorney's activities which are now under investigation. Serious questions remain about this process. I urge
You to deny the plat for Battersea Woods and as our elected commissioners, represent honest and
transparent governance in our city.
\o,L\- V4,t
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March 13, 2014
Battersea foods LLC
4904 SW 72 Avenue
Miami, FL 33155
- t ANIEL J. ALFONSO
City Manager
Submitted into the publi
record for i m(s)
on
�'. I � City C`lcrl.
BATTEIRSEA WOODS
TENTATIVE PLAT #1827
LOCATED ALONG THE SOUTH SIDE OF BATTERSEA. ROAD. AND ALONG THE
NORTHWESTERLY SIDE OF INGRAHAM HIGHWAY
Ladies and Gentlemen:
The City of Miami Plat and Street Committee, at its meeting of March 6, 2014 approved the above
tentative plat subject to the following revisions being made to the tentative plat, additional information
being provided and/or variances being granted, Please be advised that the processing of your tentative plat
cannot proceed until these conditions have been satisfied:
1. Location Sketch
a) Show correct name for the Lot and Block numbers, Subdivision names, and Plat Book and
Page numbers for the underlying plats, including south of subject property.
b) Provide a fractional sectional description, including the city, county, and state.
2. On the application, provide a properly executed Tentative Plat application. (item 2)
3. The legal description on the tentative plat must match the legal description on Opinion of Title.
4. The Metes and Bounds description must match the legal description of the tentative plat and
Opinion of Title.
5. Add symbols and abbreviations.
6. Indicate the City of Miami limits.
7. Provide a Graphic Scale.
8. Specify tlae units (feet) of the flood criteria.
9. Show existing utilities, including underground, within the Right of Way.
10. Provide a tie to the nearest section corner, and provide a Certified Corner Record.
11. Depict metes and bounds description for the unplatted portion of the prarcel.
12. Show record and measured dimensions on the boundaries.
13. Confirm right of way dimension for Ingraham Highway.
14. Right of way dedication is required on Ingraham Highway.
15. The legal description is missing one line.
16. Include both the common and botanical Haines of the trees in the tree tabulation.
17. This property is located in a Neighborhood Conservation District (NCD). The City's Historical
Preservation Office approval is required for any tree removals.
18. Add to the development information... "NCD-3"... and the minimum lot size.
DEPARTMENT OF PUBLIC WORKS
444 SW 2nd Avenue, 8w Floor / Militiki., FL 33130I (305) 416-1200 / Faac (3055) 416-1278
Mailing Address: P.O. Box 330708 Miami, FL 33233-0708
Sec.: 29 Twp.; 54 S. Rge.: 41 E.15ec.: Twp,:S. Rge.: E.
1. Name of proposotl Subdivision: BATTERSEA WOODS
2. Owner's Narne: BATTERSEA WOODS, LLC a Florida Limited Liability Company phone; 305 446 7990
Address: 4904 SW 72 Avenue
City: Miami
Owner's Email Address: kla[bpalmcorplic.corn
3. Surveyor's Name: Manuel G. Vera & Associates, Inc.
phone: 305 221 6210
Address: 139$0 SW 47 St.
City: Miami State: FL Zip Code: 33175
Surveyor's Email Address: srttlln@mgvera.com
4, Foilo No(s).: 01-4129-024.0241 / 01-4129-024.0251
01-4129-00,0210
5. Legal Description of Parent Tract: NI . 13 ft, of lots 18 & 19 BIk.2 Coconut Grove Manor, Plat Book 17 Ponion of
Section 29, Township 54 South, Range 41 East, In City of Miami, Miami -Dade County, Fl.
6. Street boundaries: Southwest corner Intersection of Battersea Rd. & !ogre ham Highway
7, Present Zoning: T3-R & NCO-3
8. Proposed use of Property:
Business( Sq. Ft. ), Office
Single Fancily Res.( a Units), Duplex( Units), Apartments( Units), IndualrlatlWarehouso{ Square .Ft.),
Sq. Ft.), Restaurant( Sq, Ft. & No. Seats
�), Other { Sq. Ft. d No, of Units j
NOTE: Attach list efall pint rest rictiens zoning renditions or any other florin rations, re rrieriens, ctlrertnhts (lint might nffeel this Ten tat fro flat.
I HEREBY CERTIFY OM I am gloomier of the pa reeks) described In hem 5 and that the information concerned In This applicallon fs true and correct to the rest of my knowledge and
belief if apprrceble. attached fa a HsI of all Ilia resrridbnsheslriclive covenenls and declarations rn favor of Miami -Dade Cauly_Attached Is a copy of Me recorded deed shoving my
acquiailion of ads land. in addition, I'grea to furnish addnionel Items es may be necessary such eu abstract or opinion of life to determine accurate ownership information
Furthermore, l am aware chat the use of a public water supply and/or public sewer system may be required for thls develoAmenlIf so required, reragnire that engineering erewings
for She exte ns ton of these utlritres must be approved by Ilia appropriate utility entity and by O • R, E. R. prior to the approval of the final plat
.I
shall be gulltyof a misdemeanor of the second degree, punishable as provided In FS. 775.067 or FS. 776.063.
Pwrsuani to Florida Statutes 637.ee, whoever knowingly maims a Parse statement Intivri!Intl with lh►intent tomist' ada pubtrc servant in the performance of Wear her duly
STATE OF FLORIDA)
COUNTY OF MiAMI.OADE)
IMPORTANT NOTICE TO APPLICANT:
,Mnke rheCk for the tole! Processing Ire Peptide to: M 1 - 1 ] ' 'O 1 ' '
FEES: Number of Sites ; ( 5)
--.--- $1,872.00
Plus $10.90 per site in excess of 6 sites
D.R. ,R enviromantal $0.00
$210.00
$2 482.00
Concurrency Review Fee (66.00% of Sub -Total
MUNiCiPALITIES�? $124.92 tat applicable wthin Municipalities FOR TENTATIVE OUTSIDE
S2,206.92 «°==ArtOUflf FOR TC'iTATWE %VISIO'AO COURTY
APPLICATION FOR PLAT OF SUBDIVISION DEVELOPMENT
Municipality: MtAMI
Zoning blearing No.:
Signature of Owner:
(Print name & Title here); CarlaB S
BEFORE ME, personally appeared Carlos Sosa
acknowledged to and before me that (he/she) executed the same for theis of tv'
pu poser! tiereinR malty known produce
...grid (helahe)
as identification and who did (not) take an oath.
WITNESS my hand and seal ir>i theI outik
L c
state: FL Zip Cocfe: 33155
SS:
E0I EE HERNANDEZ
MYC0o1MhSSt uv r FE 005400
EXPIRES ...pre 77.2015
somas Th•I Sic lwsc l7nderWrgers
(NOTARY SEAL) Note:[C (Commission Expires) Note: The reverse side adds sheet munv !fc tlaCII far a 4tateInelit of additional items yen may wisli considered.
)
om (Commission Number)
i`4ACLG1-(
A.D.
id State last aforesaid this 3 clay of
Signature of Notary Public:
(Print, Type name here: CC1 [r-e e f- rtmei r1c
0 iz 7(2 D LST E.6YY OO
Submitted into the publi
record
glil(s)
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City Clerk
Submitted into the public
record fqr it (s)
'
City Clerk
City of Miami
BATTERSEA
POFt l I Lis Disc Palm_
Search Select Print Measur
Legend
Select
Layers
Result
Site Address Oks
4354INGRAHAM HWY
BATTER
Property Zoning LandLlse Flood Links
Districts HEP
Miami 21 Zoning(Current):
Zone: [ Description: Enactment:
f 3 R Sub -Urban Zone 13114
Areas of Specific Designation:
Section: Description: Enactment:
Coconut Grove
Neighborhood
Conservation
District
Special Area Planning:
[ Established Setbacks:
None
/ti
Submitted into the public
record .1 r it �3(s) coi
,
on�. City Clerk
District 2 Office
Submitted into the public
record for item(s) Pf1.4 & NA.3
on 09/08/2016 City Clerk
From: Gus De Ribeaux <Gus@gdrpa.corn>
Sent: Wednesday, October 07, 2015 9:44'AM
To: Stanton, Pamela
Cc: Carlos E. Soso; Carlos Senior Sosa; Alvaro Alarcon; 'Tony Toledo'; Agudelo, Diana; Carlos
Tosca; Ellis, Jacqueline; Javier L Vazquez
Subject: RE: Battersea Woods - City of Miami T-Plat 1827
Attachments: 20151006190817084.pdf; 20151.007093521353.pdf
Ms. Stanton,
Thank you for meeting with Carlos and 1 yesterday. As we mentioned, below is a summary of what we discussed and a
brief background of this project
This project was approved for a T-Plat on or about March 6, 2014. At that time, conditions were established in order for
us to complete the T-Plat process and obtain our final plat. When we were about 95% complete with all of the
requirements, we realized that the expiration date of the T-Plat was upon us and we applied for, and obtained, an
extension. it was during this extension request that the issue of the warrant was brought up {along with several other
requirements not in the original list). It was brought up by staff with the intent of helping us avoid any unnecessary
delays once we moved forward with our project and we were made to understand that it would be a simple process that
would take no more than 30 days to obtain. igigiginiummimmilminimiimilir
adequately addressificals requirement at that ; but we were confident that we wouldn't have any problems.
Unfortunately, and as I'm sure you're aware at this point, the draft Preliminary Zoning Review you provided to us last
week took us by surprise. Indeed, in a situation where we have been going through the process of platting 5 lots and
complying with conditions for over a year, and to be basically at the finish line — only to be told that we may only be able
to develop 3 homes, came as quite ..hock.
ft appears that the relevant section of the
in Appendix A: Section 3.6.g.1. That sectio
e where the initial determination was made that we needed a warrant is
Wherever an ex ting single family residence or lawful accessory building{s) or structures) is
located on one or more platted lots or portions thereof, such lots shall thereafter constitute
only one building site and no permit shall be issued for the construction of more than one single
— family residence except by Warrant. Such structures shall include but not be limited to
swimming pools, tennis co r s ails, and fences or other at grade or above ground
improvements. No building . tes in existence prior to September 24, 2005 shall be diminished in
size
except by War . t, sub) ct to th criteria specified in Article 4, Table 12 Design Review Criteria,
We believe that this partic i ar r quirement either (1) does not apply by virtue of the language of the section Itself, or (2)
that it should not apply {or th<. warrant should be granted) because the result would create a situation that is not
consistent with the surrou • ing eas, contrary to the intent of the code, both of which I will discuss below:
1.
The requirement does apply in this case — If you read the above section, the clause first describes a particular
situation where a structure or structures is located on platted land. It then defines that land as one building site
and limits the use of such land to one single family home, except by Warrant. It then further restricts the
landowner, by preventing any subdivision of that building site, except by Warrant. It is here where we believe