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Home My WebLink AboutSubmittal-Commissioner Ken Russell-Back-Up Documents RE Battersea Woods and Victoria MendezDistrict 2 Office From: Cabrisas, Kathryn <KCabrisas@miamigov.com> Sent: Monday, September 14, 2015 9:06 AM To: snuin@mgvera.com; tanyconsulting@aol.com Cc: Pousada, Enrique Subject: BATTERSEA WOODS Attachments: Plat and Street Committee contact list.pdf; BATTERSEA WOODS.pdf Good Morning all, Please view the tentative plat letter for Battersea Woods from the Piat and Street Committee meeting on September 3, 2015. Thank you, Katie Cabrisas Special Projects Assistant Public Works Department 444 SW 2 Avenue, 8th Floor Miami, FL 33130 305-416-1249 KCabrisas@miarrtigay.com www.rniarnigov.com/publicworks Submitted into the public record for item( raj PIi.1t CS[ CJj1 on-09 0$203(1, t:ity Clerk IL-01N\ t �D Y2,1 u) l Q )t\t ibuNfoj 1ocomto s Major Alberto Alberto Jr. Police Department 400 NW 2nd Avenue Miami, FL 33128 305, 603,6138 Ra of . herbello@miam i-pa lice.arg Eduardo (Ed) Santamaria City of Miami, Public Works Director 444 SW 2nd Avenue, 8ih Floor Miami, FL 33130 305-416.1200 Leonard Maxwell -Newbold Comcast 2501 SW 145 Avenue Miramar, FL 33027 954.44 7.8405 Leonard maxwell- newbold@cabie.corncast.com Lt. Seth Edge City of Miami, Fire -Rescue Dept 444 SW 2nd Avenue, 10th Floor Miami, FL 33130 305.416.1721 SEdoe@ m amioov.com Davin Cejas City of Miami, Planning & Zoning Dept, 444 SW 2nd Avenue, 4th Floor Miami, FL 33130 305.416.1488 PCeias@miamioov.com Angel Quant Regional Operations Manager TECO GAS 5101 NW 215TAvenue, Suite 460 Ft. Lauderdale, FL 33309 954.453.0805 Sergio Garcia Miami -Dade Water & Sewer 3071 SW 38th Avenue Miami, FL 33146 786.268,5214 GARSERGC3rrtiarniciade.aov Nicole Gumbs Florida Department of Health Miami -Dade County 11805 SW 26 Street, Room 120 Miami, FL 33175 (786) 315-2455 Nicole.Gumbs3fihealth.gov Kevin Kirwin Director, Parks and Recreation Dept. 444 SW 2nd Avenue, 8th Floor Miami, FL 33130 (305)416-1320 kkirwinfn@miamloov.corm Plat and Street Committee Contact List Evelyn Abraham Florida Power & Light 122 SW 3'd Street Miami, FL 33130 305.377.6108 E velyn. M.A b ra ha m @ f p!. co m Luis Torres City of Miami, Building Department 444 SW 2"d Avenue, 4th Floor Miami, FL 33130 305,416,1195 L orresilit ]miamieov,com Leonard Helmers, PE IV City of Miami, Public Works Dept 444 SW 2"d Avenue, 13th Floor Miami, FL 33130 305.416.1221 flhelmers@mia m icgov,com Rafael Suarez -Rivas City of Miami, Law Department 444 SW 2"d Avenue, 9t Floor Miami, FL 33130 305.416.1851 ALOuirke(&miamigov com Jacqueline Ellis / Luiz Vicentinl City of Miami, Planning & Zoning Dept 444 SW 2nd Avenue, 3'4 Floor Miami, FL 33130 305A16.1446 / 305,416,1408 )EtlisOmlamigov.com j Vicentiniftmiamioov.corn! Ivan Rodriguez Miami -Dade County Public Schools 1450 NE 2nd Avenue, Room 525 Miami, FL 33132 305.995.7285 Craig Petrie / PEA, Inc For: AT&T 6000 Metro West Blvd., Suite 201 Orlando, FL 32835-7631 407.578.8000 Vanessa Acosta City of Miami, NET Office 151 NW 27 Avenue Miami, FL 33125 305.416.2089 adiez@miamiaov.cpm Juvenal Santana, City of Miami Public Works Assistant Director 444 SW 2"d Avenue, 80h Floor Miami, FL 33130 305.416.1218 isantana @miamigov,com Betty Diaz, Admin Mgr Construction & Engrg AT&T Florida for: Belisouth 9101 SW 24 Street Miami, FL 33165 (305) 222-8248 bd5987@im.att.com Hermes Diaz, PE Chief Civil City of Miami, Public Works Dept 444 SW 2"d Avenue, 8'" Floor Miami, FL 33130 305.416.1047 hdiaz@miamieov.com Diana Agudelo City of Miami, Planning & Zoning Dept 444 SW 2nd Avenue, 4't' Floor Miami, FL 33130 305,416.1486 OAa udeloPm iam igov.com Mark D. Caldwell SPRINT Communication National Field Operations 851 Trafalgar Court, Suite 300 Maitland, FL 32751 (321)280-2178 / (321)287.9942 mark.d.caldweliCr sprin .com Vivian G. Villaamil, Director Miami -Dade County Public Schools 1450 NE 2nd Avenue, Room 525 Miami, FL 33132 305.995.7287 vvfllaarnilftdadeschools.net Mario F. Nu6ez City of Miami, Solid Waste Dept 1290 NW 20 Street Miami, FL, 33142 (305)960-2804 Lnfrlunez@miamiaov.4om Collin Worth Capital Improvements & Transport 444 SW 2nd Avenue, 8th Floor Miami, FL 33130 305,416.1092 / 305.416,1022 CWorthCamlamigov com Submitted into the public record for item(s) PH.4 & NA.3 an 09/08/2016, City Clerk Eitp of Anti September 11, 2015 Battersea Woods LLC 4904 SW 72 Avenue Miami, FL 33155 DANIEL J. ALFONSO City Manager BATTERSEA. WOODS TENTATIVE PLAT #1827-A (FIRST RESUBMITTAL) LOCATED ALONG THE SOUTH SIDE OF BATTERSEA ROAD, AND ALONG THE NORTHWESTERLY SIDE OF INGRAHAM HIGIHWAY Ladies and Gentlemen: The City of Miami Plat and Street Committee, at its meeting of September 3, 2015 approved the above tentative prat subject to the following revisions being made to the tentative plat, additional information being provided andfor variances being granted. Please be advised that the processing of your tentative plat cannot proceed until these conditions have been satisfied: 1. On the application: a) ITEM 2: Correct the Area. b) ITEM 3: Add all information. c) ITEM. 4: Correct Exhibit "A" (incomplete legal). d) Notarization needs date and identification method. e) Update page 2 of the application. 2. On the Location Sketch, dhow correct Subdivision names for the underlying plats. 3. The legal description on the tentative plat must match the Iegal description on Warranty Deed. 4. Show existing utilities, including underground, within the Right of Way. 5. Provide a copy of the Certified Corner Record. G. Right of way dedication is required on Ingraham Highway. 7. The legal description is missing one line, 8. This property is located in a Neighborhood Conservation District (NCD). The City's Historical Preservation Office approval is required for any tree removals. 9. A letter from the Ivlianhi — Dade Water and Sewer Department is required to determine if any adjustments to their facilities or easements are required. 10. A zoning waiver is required for any demolition in a NCD-3, including thecoral rock wall and CI3S wall in the right of way. 11. Provide a verification letter from the City's Preservation Officer if the coral rock wall and CBS wall are to remain in the right of way. 12. A letter from Conhcast is required to determine if any adjustments to their facilities or easements are required. 13. Verify with Miami -Dade County that the proposed plat name is acceptable, 74. All encroachments across proposed tracts and/or lot lines must be removed prior to final plat submittal. DEPARTMENT OF PUBLIC WORKS 444 SW 2rw" AVenue, Sth Floor / Miami, FL 33130 / (305) 416-1200 /Fax: t305) 416-1278 Mailing Address: 1'.O, Box 330708 Miami,, FL 33233-0708 Submitted into the public record for item(s) PH.4 & NA.3 on 09/08/2O16, City Clerk BATTERSEA WOODS - TENTATIVE PLAT #1827 —A (FIRSTFZESUBMJTTAL) September 11, 2015 Page 2 of 3 15. An Opinion of Title, in the City of Miami Opinion of Title form, must be provided at the time of the final plat submittal. 1.6. Current backup documentation will be required for aII who execute the final plat. A resolution for authority to execute documents and a Certificate of Good standing from the Secretary of State are required, if applicable. 17. Tentative plat application must be made with Miami -Dade County after receiving approval from the City of Miami Plat and Street Committee. 18. Be advised that an incomplete final plat package will not be accepted by the City of Miami. It is the owner's responsibility to work with his surveyor and his attorney to assure that everything is in order before submitting the final plat package. 19. Be advised that if all requirements for scheduling the final plat for City Commission action are not in order, the final plat will not be scheduled for a City Commission meeting. 20. Revise the zoning designation on the Location Map to add NCD-3 overlay pursuant to the City's GIS. 21. Revise the Zoning designation as follows: T3-R SUB -URBAN TRANSECT ZONES, NCD-3 NEIGHBORHOOD CONSERVATION DISTRICT under current Miami 21 Code, and SD-18 Minimum Lot Size Overla_ District. Under same item, remove NCD-3 and T3-R requirements. 22. In the Development Infortmation data, add "Proposed Development: One (1) family residence on each lot". 23. Change the "PROPOSED NUMBER OF LOTS: 5 (SINGLE FAMILY HOMES)" to "PROPOSED NUMBER OF LOTS: five (5) lots. 24. In the brief purpose of this tentative plat paragraph of the Surveyor's Notes, add "Miami 21 Code". 25. The proposed tentative plat does not satisfy the intent of SD-18.2,1 which requires a minimum of ten thousand (10,000) square feet of lot area and a minimum lot width done hundred (100) feet. A Warrant is required in accordance with Appendix "A", Section 3.6.g.1 of the Miami 21 Code. Contact the City of'Mianri Planning and Zoning Department, 26. The tentative plat must comply with Miami 21 Code, Appendix "A", NCD Districts, Section 3.6 and 3.6 (a). 27. Provide an 11" x 17" PDF of the tentative plat to the Planning and Zoning Department. 28. Remove "concrete pavement" from the legend. 29. Provide a concrete landing for the bus stop on Ingraham Highway. I.n addition to the above requirements, you should be aware of the following: 1. State and local laws require the installation of various physical improvements in the public rights -of -way when property is platted. These subdivision improvements include paving, drainage, landscaping, sidewalks, etc. In some cases this could represent a substantial investment on your part. REQUIRED: The submission of an electronic copy of the tentative plat, in an AutoCAD version, to the City of Miami Public Works Department, Roadway Plans Section will EXPEDITE the preparation and enhance the ACCURACY of the. subdivision improvement letter required for the final plat approval. 2. The alteration, relocation or installation of utilities such as storm and sanitary sewers, electric, telephone, water, etc., caused by this plat will be at the property owner's expense. Also, utility easements may be required on the property being platted. 3. A. building permit will not be issued on the property being platted until the final plat is recorded or as authorized by the City of Miami Code Section 55-10(i.). Also, the Certificate of Occupancy for any building construction will be issued only after all the required subdivision improvements have been completed. 4. Approval for fire flow requirements must be obtained from the Fire -Rescue Department prior to the issuance of a building permit. Submitted into the public record for item(s) PH.4 & NA.3 on 09/08/2016, City Clerk J3ATTERSEA WOODS - TENTATIVE PLAT #f 1827 -A (FIRST RESUBMITIAL) September 11, 2015 Page 3 of 3 5. In order to mitigate problems associated with access and construction activities throughout the neighborhood, the contractor/developer is encouraged to notify the affected neighborhood residents, in writing, of the project starting and completion dates at the time of issuance of permits. The contractor/developer may coordinate the notification of residents with the local City of Miami NET Service Center. 6. Additional items must be provided to the City of Miami Department of Public Works before the final plat is submitted to the City Commission for approval. You will be notified in writing as to what these items are after the amount of the bond has been determined for the necessary subdivision improvements. It is required that the applicant contacts the City of Miami Public Works Survey Section to verify that all final plat submittal documents are complete prior to final plat submittal. 7. Tentative plat approval is only valid for one (1) year and six (6) months from the date of the Plat and Street Committee meeting at which time it was approved. If you have any questions concerning these requirements, please refer to the attached sheet for the appropriate person to contact. ua . o (Ed) San.tarnaria, P.E., CGC Directs of Public Works ES/ L.f .11kc Llirt ,5 Enclosure: Contact Sheet c: Manuel G. Vera and Associates Inc. 13960 SW 47 Street .Miami, FL 33175 Plat and Street Committee Members Nzeribe Ihelcwaba, Ph.D., P.E., Assistant City Manager/Chief of Operations Survey Development and Roadway Plans Central Submitted into the public record for items} P1-1.4 & NA.3 on 09/08/20i6, City Clerk District 2 Office From: Stanton, Pamela <PStanton@miamigov.com> Sent: Friday, October 02, 2015 12:21 PM To: Salome Gonzalez Cc: Carlos E. Soso; Carlos Senior Sosa; Alvaro Alarcon; Ellis, Jacqueline; 'Tony Toledo'; Cejas, Devin Subject: RE: Battersea Woods - City of Miami T-Plat 1827 Attachments: Battersea Woods 4384Ingraham Hwy Preliminary Comments.pdf Good Afternoon - The results of the preliminary review of the subject Warrant submittal are attached. Please know that your request has been discussed at length with Planning and with the Acting Zoning Administrator prior to drafting the comment. Kind Regards - Pamela Stanton, RLA Zoning Plans Processor Planning & Zoning Dept. City of Miami Telephone: 305-416-2543 Facsimile: 305-415-1490 fast a nta n @ m lam igov. cam www.niiami21.ocg From: Salome Gonzalez imailto:salome@gdrpa.com] Sent: Thursday, October01, 2015 5:08 PM To: Stanton, Pamela Cc: Carlos E. Sosa; Carlos Senior Sosa; Alvaro Alarcon; 'Tony Toledo' Subject: Battersea Woods - City of Miami T-Plat 1827 Dear Ms. Stanton, Hope that this email finds you well. I am writing on behalf of Battersea Woods, LLC and an application which was submitted in connection with the above referenced T-Plat in order to comply with the warrant permit process reflected in Appendix A, Section 3.6.g.1 of Miami 21 Code. I wanted to touch base with you to determine the status of the same. l also wanted to see whether l can schedule a meeting on behalf of Mr. Carlos Sosa, one of the owners of Battersea Woods, LlC and Mr. Alvaro Alarcon, who is the project manager, in order to meet with you and determine how things are moving along and whether there is anything which we can do to assist with the process. We had received indication that the process would take around 30 days and since we are aiming to submit our final requirements for the T-Plat by Monday, we simply wanted to follow up with you and determine whether this is feasible. Submitted into the public record for item(s) PH.4 & NA.3 on 09/08/2016, City Clerk Looking forward to hearing from you and wishng you a lovely evening. Should you have any questions, do not hesitate to contact me. Thank you, Salome Gonz61e2 Closing Coordinator Law Offices of Gustavo M. Deribeaux, P.A. 4904 SW 72nd Avenue I Miami, FL 33155 Phone: 305-446-7990 Ext. 2061 Fax: 305-446-4151 1 salome@gdrpa.com This communication constitutes an electronic communication within the meaning of the Electronic CommunicationsPrivacy Act [18 USC 2510] and Is intended to be received and read only by certain individuals. It may contain information that is attorney -client privileged or protected from disclosure by law. Receipt by anyone other than the intended recipient does not constitute a loss of the confidential or privileged nature of the communication. Any review or distribution by others is strictly prohibited. If It has been misdirected, or if you suspect you have received this in error, please notify me by replying and then delete bath the message and reply. Thank you. Please consider the environment before printing. Submitted into the public record for item(s) PH.4 & NA.3 on 09/08/2016, City Clerk 2 PREL!MJNARY ZONING REVIEW - WARRANT OCTOBER 2, 2015 PLANNING AND ZONING DEPARTMENT Project Name: Battersea Woods Tentative Plat Project Address: 4384 Ingraham Hwy. Zoning Designation: T3-R/NCD-3 NET District: Coconut Grove The project is subject to a Zoning review and compliance with the requirements of the Miami 21 Code, as applicable. The following comments were generated based on a review of the submitted plans and associated documents to assist in permit applications based on the applicant's modifications&f the project /plans as required herein. The following comments must be satisfactorily addressed, and the results provided to the Office of zoning, Please provide written responses to the comments. WARRANT: Pursuant to Appendix A, Section 3.6.(g)(1), Lots and Building sites. COMMENTS: 1. The City GIS database indicates that the existing Lot is 43,996 square feet, which falls into the Single Family Estate Lot Residential designation, pursuant to Appendix A, Section 3.6{k)(1). The proper appflcation of Appendix A allows for the subdivision of the Lot in accordance with the next smallest Lot designation, which is the Single Family Oversized Lot Residential designation, pursuant to Appendix A, Section 3.6(j), where the minimum► Lot size is 20,000 square feet and minimum Lot width is 100 feet. The proposed Lots do not meet the minimum size requirements forthe Single Family Oversized Lot Residential designation. Additional comments will be provided upon review of a detailed re -submittal. The City of Miami reserves the right to comment further on the project as re -submittals are provided and may revise previous comments based on additional information provided. Submitted into the public record for items) PH.4 & NA.3 on 09/08/2016, City Clerk Reviewed by: Pamela Stanton Submitted into the public record for item(s) PH.4 & NA.3 on 09/08/2016, City Clerk District 2 Office From: Gus De Ribeaux cGus@gdrpa.coma Sent: Wednesday, October 07, 2015 9:44 AM To: Stanton, Pamela Cc: Carlos E. Sosa; 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; 20151007093521353.pdf Ms. Stanton, Thank you for meeting with Carlos and i 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. Not knowing much about the warrant process, we were unable to adequately address the city's requirement at that meeting; 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 a shock. it appears that the relevant section of the code where the initial determination was made that we needed a warrant is in Appendix A: Section 3.6.g.1. That section states: Wherever an existing single family residence or lawful accessory building(s) or structure(s) 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 courts, walls, and fences or other at grade or above ground improvements. Nobuilding sites in existence prior to September 24, 2005 shall be diminished in size except by Warrant, subject to the criteria specified in Article 4, Table 12 Design Review Criteria. We believe that this particular requirement either (1) does not apply by virtue of the language of the section itself, or (2) that it should not apply (or the warrant should be granted) because the result would create a situation that is not consistent with the surrounding areas, 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 1 an error may have been committed in the requirement of a Warrant. Attached is a copy of the Plat of Coconut Grove Manor. As you will note, our parcel is not part of that plat (noted on the actual plat) nor any other plat. Indeed, the legal description of our property is described in metes and bounds. If, therefore, our property is unplatted land, then our property would not be a property designated as a single building site as it is defined therein. Naturally, the following restriction regarding the diminishing of such building site, without a Warrant, would not apply as well (perhaps why the initial punchlist did not include this as a requirement). The requirement should not apply in this case or should be granted — We are not trying to "use the code" to obtain a density that would be unreasonable or out of character with the neighborhood. Indeed, we believe that the intent of this section is well founded —the city does not want people to tear down homes and split up lots in a manner that would be inconsistent with an otherwise established, platted neighborhood. And that, as a general rule, is a good policy. However, there are always situations that are not contemplated when an ordinance is codified. And it is in this instance, that we feel this matter lies. If this section were to be read without regard to the intent and the factual circumstances, it would result in a solution where you would have lots that are almost 17,000 square feet in size, larger than any other lots in the area — many, by more than double the size. That would also increase the FAR, and although I understand that the economics of this shouldn't be relevant to the city, it would mean 8,000 — 9,000 mansions, which is certainly not in character with the surrounding area. We did a very basic study of the surrounding homes and this is what we noted: On Battersea, South side going east, the average size lot is about 8,350; on Battersea, North side going east, the average lot size is 7,800; on Battersea, South side going west, there are 2 larger Tots but the majority are under 8,000 and the average is 10,685; and finally, on Battersea North side going West (not including the one large parcel) the average size lot is 7,800. Without looking at the current conditions, a literal interpretation of this code could potentially result in an even more egregious situation if our property were located in a neighborhood with 50 x 100 lots (5,000) square feet, any plat of that parcel would result in lots in over 20,000 square feet, quadruple the size of the surrounding neighborhood. It is for this reason that we feel that either the warrant should not be required, or if required, it should be granted — to maintain the consistency in the neighborhood. Another concern we had was with a notation in the new punchlist (not listed anywhere in the original punchlist) that stated that this property is part of the Special District SD-18. Attached are two copies of your GIS map on our property, one with the tab for Miami 21, which shows that the zoning is T3-R and NCD-3, and one with the tab for "former zoning" which also says in red letters "NO LONGER VALID", which shows R-1, NCD-3, and SD-18 (i apologize for the quality of the copy). You can understand our confusion when we see this information and what we are being told. How would someone that is looking up this property in the city's GIS map not conclude that SD-18 is not applicable? One of the reasons we feel that SD-18 is in conflict with the current code is that SD-18 states the intent of that section is to limit lot sizes to a minimum of 10,000 feet and 100 feet of frontage, But Section 3.5(h) of the current code clearly recognizes lots that are under 10,000 square feet. And, although there is a section in the Miami 21 Code (Section 3.12.2(h)) that incorporates and amends SD 18 into the code, the conflict above is clear. We feel that the purpose of including that clause in the new code is not for the purpose of creating more restrictive conditions than T3-R or NCD-3, but, if anything, for the purposes of complementing it and serving as a base for inadvertent errors, ambiguities and/or omissions in the current code. Admittedly, we have had little time to look further into the 5D-18 issue and, therefore, don't have much more information to provide at this time. However, we are confident that what we are proposing is a reasonable subdivision of this parcel, consistent with the surrounding neighborhood and within the scope and intent of the code. We welcome the opportunity to meet with you and your staff again to go over this and any other concerns you may have. Than you, Gus Deribeaux Battersea Woods, LLC Submitted into the public record for item(s) PH.4 on 09/08/2016, City Clerk 2 Gus De Ribeaux, Esq. Law Offices of Gus M. Deribeaux, P.A. 4904 SW 72 Ave. Miami, Florida 33155 (305) 446-7990 (305) 446-4151 facsimile qus(-7agdrpa.com From: Stanton, Pamela [mailto:PStanton@miamigay.comj Sent: Friday, October 2, 2015 5:18 PM To: Salome Gonzalez Cc: Carlos E. Sosa; Carlos Senior Sosa; Alvaro Alarcon; 'Tony Toledo'; Agudelo, Diana; Carlos Tosca; Gus De Ribeaux; Ellis, Jacqueline Subject: RE: Battersea Woods City of Miami T-Plat 1827 Good Afternoon - At this late point, the earliest meeting l have that Planning can also attend is on Tuesday, October 6 at 2:0Op.m. Please confirm as soon as possible so that our calendars can be scheduled. Thank you. Regards - Pamela Stanton, RLA Zoning Plans Processor Planning & Zoning Dept. City of Miami Telephone: 305-416-2 6 4 3 Facsimile: 305-416-1490 ,psta nton @ m is m ieov, com www.miami21.orq From: Salome Gonzalez [mailto:sa lomeC gdrba.com] Sent: Friday, October 02, 2015 4:59 PM To: Stanton, Pamela Cc: Carlos E. Sosa; Carlos Senior Sosa; Alvaro Alarcon; 'Tony Toledo'; Agudelo, Diana; Carlos Tosca; Gus De Ribeaux Subject: RE: Battersea Woods - City of Miami T-Plat 1827 Dear Ms. Stanton, Thank you for your response. We would like to schedule a meeting with you as early as possible. Please let me know what would be the best time and date to schedule the same. If you have availability on Monday, 10/05/15, that would be great. Kindly confirm. Should you have any questions, do not hesitate to contact me. 3 Submitted into the public record for item(s) PH.4 & NA.3 on 09/08/2016, City Clerk Thank you, Salome Gonzalez Closing Coordinator Law Offices of Gustavo M. Deribeaux, P.A. 4904 5W 72nd Avenue I Miami, FL 33155 Phone: 305-446-7990 Ext. 2061 Fax: 305-446-4151 j salomePgdrpa.com This communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act [18 USC 2510j and is intended to be received and read only by certain individuals. It may contain information that Is attorney -client privileged or protected from disclosure by law. Receipt by anyone other than the intended recipient does not constitute a loss of the confidential or privileged nature of the communication. Any review or distribution by others is strictly prohibited. If it has been misdirected, or if you suspect you have received this in error, please notify me by replying and then delete both the message and reply. Thank you. APlease consider the environment before printing. From; Stanton, Pamela[mailto:PStanton(amiamigov.com] Sent: Friday, October 02, 2015 12:21 PM To: Salome Gonzalez Cc: Carlos E. Sosa; Carlos Senior Sala; Alvaro Alarcon; Ellis, Jacqueline; 'Tony Toledo'; Cejas, Devin Subject: RE: Battersea Woods - City of Miami T-Plat 1827 Good Afternoon - The results of the preliminary review of the subject Warrant submittal are attached. Please know that your request has been discussed at length with Planning and with the Acting Zoning Administrator prior to drafting the comment. Kind Regards - Pamela Stanton, RLA Zoning Plans Processor Planning & Zoning Dept. City of Miami Telephone: 305-416-2643 Facsimile: 305-416-1490 pstanton@miamigov.com www.miam121.or i From: Salome Gonzalez [mailto:salome@gdrpa.com] Sent: Thursday, October 01, 2015 5:08 PM To: Stanton, Pamela Cc: Carlos E. Sosa; Carlos Senior Sosa; Alvaro Alarcon; 'Tony Toledo' Subject: Battersea. Woods -City of Miami T-Plat 1827 Dear Ms. Stanton, Hope that this email finds you well. Submitted into the public record for item(s) PH.4 gt NA 3 on fig 08 2016, City Clerk 4 l am writing on behalf of Battersea Woods, LLC and an application which was submitted in connection with the above referenced T-Plat in order to comply with the warrant permit process reflected in Appendix A, Section 3.6,g,1 of Miami 21 Code. 1 wanted to touch base with you to determine the status of the same. 1 &so wanted to see whether 1 can schedule a meeting on behalf of Mr. Carlos Sosa, one of the owners of Battersea Woods, LLC and Mr, Alvaro Alarcon, who is the project manager, in order to meet with you and determine how things are moving along and whether there is anything which we can do to assist with the process. We had received indication that the process would take around 30 days and since we are aiming to submit our final requirements for the T-Plat by Monday, we simply wanted to follow up with you and determine whether this is feasible. Looking forward to hearing from you and wishng you a lovely evening. Should you have any questions, do not hesitate to contact me. Thank you, Salome Gonzalez Closing Coordinator Law Offices of Gustavo M. Deribeaux, P.A, 4904 SW 72nd Avenue j Miami, FL 331.55 Phone: 305-446-7990 Ext. 2061 Fax: 305-446-4151 I Salome@gdrpa.com This communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act [18 USC25111 and is intended to be received and read only by certain individuals. It may contain information that is attorney -client privileged or protected from disclosure by law. Receipt by anyone other than the intended recipient does not constitute a loss of the confidential or privileged nature of the communication. Any review or distribution by others is strictly prohibited. If it has been misdirected, or If you suspect you have received this in error, please notify me by replying and then delete both the message and reply. Thank you. Please consider the environment before printing. Submitted into the public record for item(s) PH.4 & NA.3 on 09/08/2016, City Clerk 5 • • . n._r trSI,Itt 3ii'tSION l.N SEC.29--.5�t.-4.! :NA- PROEM . iWNE'RS ---1 E:VELOPERS dab imaefS.Koi- Taw / .71++4a, dim„ nME,•,sr..,:,� .-.ea•.,,rr.�n'"+er'w as...r- rwror•'n.ey.ra.: ++..••tt ra • t Submitted into the public record for item(s) PH.4 & NA,3 on 09/08/2016, City Clerk City of Miami - Zoning Application rgP,. 024401g' MOON T2! !11.1!:gil 'I11FV‘4,1 ri :0 " t Page 1 of 2 I \ 1 ....L ; f ..1 , 1. ." , : ,.. i \ t•-'_, I . 1 1 i .. . 1.. / , 1 1 1 t 1 • / t I .. / / .1 / I ;1 1 1 • . \ .....---7..---'' '''''' 4 • • a...; .r_ • i • Submitted into the public record for item(s) PHA & NA.3 on 09/08/2016, City Clerk City of Miami - Zoning Application i!i 0-1 I ! r..». .. llliiiiii111Lii}JilCl�lIIl�ilUiE1ti17,�i� F�llJsiiFlllJllifllll)�1i111SilIii[sfL1U1111Ilillll11J1iR4i1JalflE6uf W� Page 1 of 2 • • r • I .` ... ,. - i(1f11Ru+S3iU9d1fIS17J }�11i111AJ3J Us[IlJI u��}lIi&Jl�l U IAF Submitted into the public record for item(s) PH.4 g� NA.3 on 09 OS 2015 City Clerk District 2 Office From: Javier L. Vazquez <JVazquez@bergersingerman.coma Sent: Tuesday, October 20, 2015 4:47 PM To: Ellis, Jacqueline; Cejas, Devin Cc: Gus De Ribeaux; Carlos Tosca (carlos@toscarealestate.com); Gonzalez, Luciana L.; Paui S Figg Subject: Battersea Woods Ms. Ellis and Mr. Cejas Thank you so much for meeting with us today to discuss the above -referenced plat and our ongoing concern relating to the warrant requirement being imposed by the City. We have respectfully asked for the opportunity to discuss the warrant requirement with your legal department. Prior to said discussion, which we would respectfully request be in person, we would like submit our firm letter stating our position on the matter based on our reading of the language of the Coconut Grove NCD Appendix in your Code. We anticipate having this available to you by week's end. We thank you in advance for your cooperation in this matter. Kind regards Javi Vazquez BER_GER SINGERMA.N Javier L. Vazquez 1450 Brickell Avenue l Suite 1900 Miami FL 33131 office.: (305) 755-9500 j direci. (305) 714-4378 !fax: (305) 714-4340 email: JVazquez)hergersingerman.com + bio website.• w‘v-w_bergersingerman.com doing business in Florida resource: www.flabusinesslaw.com U- 0 a E Please consider the environment before printing this email, This transmission is intended to be delivered only to the named addressee(s) and may contain Information that is confidential, proprietary, attorney work. product or attorney -client privileged. If this information is received by anyone other than the named and Intended addressee(s), the recipient should Immediately notify the sender by E-MAIL and by telephone at the phone number of the sender listed on the email and obtain instructions as to the disposal of the transmitted material. to no event shall this material be read, used, copied, reproduced, stored or retained by anyone other than the named addressee(s), except with the express consent of the sender or the named addressee(s). Thank you. Submitted into the public record for item(s) PH.4 & NA.3 on 09/08/2016, City Clerk District 2 Office From: Mendez, Victoria Sent: Friday, October 30, 2015 3:56 PM To: Quirke, Amanda L; Javier L. Vazquez Cc: Gomez, Marta Subject: Re: Battersea Javier We are having a hard time on this. Let's talk next week. Victoria Mendez, City Attorney City of Miami On Oct 30, 2015, at 3:55 PM, Mendez, Victoria <VMendezma�miamigov.corn> wrote: Victoria Mendez, City Attorney City of Miami On Oct 29, 2015, at 2:15 PM, Quirke, Amanda L. <alquirke@rniamigov.com> wrote: I spoke to Javier today. I reviewed this issue at length with Planning and Zoning to see if we could get to the same interpretation, but we could not. This is an unplatted lot that has had a house on it for more than 50 years. It is a building site, and no building site shall be diminished in the NCD3 without a warrant. From: Mendez, Victoria Sent: Saturday, October 24, 2015 12:04 A M To: Quirke, Amanda L. Subject: Fwd: Battersea Can. you call Javier in This and see how we can figure out Victoria Mendez, City Attorney City of Miami Begin forwarded message: Frorn: "Javier L. Vazquez" <JVazquezc bergersingennan.corn<mailto:JVazquez@bergersingerman.com5' To: "Mendez, Victoria" <VMendez@rniamigov.coni<mailto:VMendez r@miamigov.cor»] Cc: "Gus De Ribeaux" <GusOgdrpa.corn<mailto:Gus( gdrpa.corn»», "Carlos Tosca (carlos ce,toscarealestate.com<mailto:carlos@toscarealestate.com>)" <carlos ce toscarealestate.com<mailto:carlos@toscareaiestate.corn»» Subject: Battersea Submitted into the public Vicky record for item(s) PH.4 & NA.3 on 09/08/2016, City Clerk I As per our conversation, please see attached, Let's you and l speak before you route this to Amanda or Rafael. Thanks Javi Javier L. Vazquez 1450 Brickell Avenue Suite 1900 Miami FL 33131 office: (305) 755-9500 direct: (305) 714-4378 l fax: (305) 714-4340 email. JVazquez�a?bergersingerman.cam ( No website: www.bergersinnerman.com doing business in Florida resource: www.flabusinesslaw.corn Please consider the environment before printing this email. This transmission is intended to be delivered only to the named addressee(s) and may contain information that Is confidential, proprietary, attorney work -product or attorney -orient privileged. If this information is received by anyone Other than the named and intended addressee(s), the recipient should immediately notify the sender by E•MAiL and by telephone at the phone number of the sender fisted on the emaif and obtain instructions as to the disposal of the transmitted material. In no event shaft this material be read, used, copied, reproduced. stored or retained by anyone other than the named addressee(s), except with the express consent of the sender or the named addressee(s). Thank you. •r+a..+***********....... ******►***********4......*4.******************..*o.a..a....rw...ea-a•.a`w.reww.•*.,rar,ww..wr4* <scan2015 102312525409 I .pdf- Submitted into the public record for item(s) PH.4 & NA.3 on 09/08/2016, City Clerk 2 District 2 Office From: Javier L. Vazquez <JVazquez@bergersingerman.com> Sent: Friday, October 30, 2015 4:15 PM To: Gomez, Marta Cc: Quirke, Amanda L; Gus De Meaux; Paul S Figg; Mendez, Victoria Subject: Re: Battersea Attachments: image001 Jpg Marta My client cannot afford to keep waiting. Respectfully, we know Amanda's position on the matter. We are simply wanting gave to face time with Vicky to give her our interpretation. Sent from my iPhone Javi Vazquez, Esq Berger Singerman On Oct 30, 2015, at 4:06 PM, Gomez, Marta <MGomezChen(eumiamigay.com> wrote: Since Amanda needs to be present at the meeting, I need to reschedule because she will not be in the office. Please call me to reschedule for the week of November 9th. Thank you, Marta Marta Gomez Assistant to Victoria M6nctez, City Attorney and Legislative Division Supervisor City of Miami Office of the City Attorney Telephone: 305-416-1844 Facsimile: 305-4I6-1801 martaeomez 5 miamigov.corn Disclaimer: This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold It in confidence to protect the attomey-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney -client privilege. if the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, (dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 US,C. section 2510-2521. if this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message. Nothing in this e-mail message shall, in and of Itself, create an attorney -client relationship with the sender, Under Florida Law, e-mail addresses and the contents of the e-mail are public records. If you do not want your a -mail address, or the contents of the e-mail, released in response to a public records request, do not r electronic mail to this entity. Instead, contact this office by phone or in writin Submitted into the public record for item(s) PH.4 on 09/08/2016, City Clerk 1 Please consider the environment before printing this e-mail, From: Javier L. Vazquez[mailto:JVazquezThbergersingerman.com] Sent: Friday, October 30, 2015 4:03 PM To: Mendez, Victoria Cc: Quirke, Amanda L; Gomez, Marta; Gus De Ribeaux; Paul 5 Figg Subject: Re: Battersea We have a meeting set with you for next week on Wed morning to discuss this matter. My colleague Paul Figg will be joining me as will my client Gus DeRibeaux Sent from my iPhone Javi Vazquez, Esq Berger Singerman On Oct 30, 2015, at 3:56 PM, Mendez, Victoria <VMendez c®mia:n gov.co:n> wrote: Javier We are having a hard time on this. Let's talk next week. Victoria Mendez, City Attorney City of Miami On Oct 30, 2015, at 3:55 PM, Mendez, Victoria <VMendez cr,miarnigov.colna wrote: Victoria Mendez, City Attorney City of Miami On Oct 29, 2015, at 2:15 PM, Quirke, Amanda L. <alguirke@aniamigov.cotn> wrote: I spoke to Javier today. I reviewed this issue at length with Planning and Zoning to see if we could get to the same interpretation, but we could not. This is an unplatted lot that has had a house on it for more than 50 years. It is a building site, and no building site shall be diminished in the NCD3 without a warrant. From: Mendez, Victoria Sent: Saturday, October 24, 2015 I2:04 AM To: Quirke, Amanda, L. Subject: Fwd: Battersea Can you call Javier in This and see how we can figure out Victoria Mendez, City Attorney 2 Submitted into the public record for item(s) PH.4 & NA.3 on 09/08/2016, City Clerk City of Miami Begin forwarded message: From: "Javier L. Vazquez" <IVazq L1ezAbergersingerman. com<mailto:TVazque z 2 bergersingerinan.come To: "Mendez, Victoria" <VMen d ez @miami goy. coin <mai lto : VMen d ezi@mi amigov.com»> Cc: "Gus De Ribeaux" <Gus P,Rdrpa.com<rnailto:Gus Rgdrpa.come, "Carlos Tosca (earl os@toscarealestate, com<mailto:earl os cr toscare alestate.com>)" <carlos @toscarealestate. corn <maiIto: carlos(a,tosear ealestate.com»> Subject: Battersea Vicky As per our conversation, please see attached. Let's you and I speak before you route this to Amanda or Rafael. Thanks Javi Javier L. Vazquez 1450 Brickell Avenue' Suite 1900 Miami FL 3313I office: (305) 755-9500 I direct: (305) 714-4378 I fax: (305) 7I4-4340 errraal. Nazquezpbertgersinperrnart.com f bio website: www.bergersingerman.corn doing business in Florida resource: www.flabusinesslaw.com Please consider the environment before printing this email, Submitted into the public record for item(s) PH.4 & NA.3 on 09/08/2016, City Clerk This transmission is Intended to be delivered onay to the named addressee(s) and may contain information that is confidential, proprietary, attorney work -product or attorney-olient privileged. If this information is received by anyone other than the named and intended addressee(s), the recipient should Immediately notify the sender by E-MAIL and by telephone at the phone number of the sender listed on the email and obtain instructions as to the disposal of the transmitted material. In no event shall this material be read, used, copied, reproduced, stored or retained by anyone other than the named addressee(s), except with the express consent of the sender or the named addressee(s). Thank you. .4}k*k.*kill***►.rF*ii.*. *k*kk.t*,*****4.t li_*.*Aiii**ft* kti***:**IA. <sc n2015102:3I25254091.pdf> Submitted into the public record for item(s) Pli.�k NA.3 on 49 08 2t3 .6 City Clerk District 2 Office From: Mendez, Victoria Sent: Friday, October 30, 2015 4:23 PM To: Gomez, Marta Cc: Quirke, Amanda L.; Gus De Ribeaux; Paul 5 Figg; Javier L. Vazquez; Goldberg, Daniel 5. Subject: Re: Battersea Have goldberg come up to speed with alternatives and we can still meet without Amanda. Thx. Victoria Mendez, City Attorney City of Miami On Oct 30, 2015, at 4:05 PM, Mendez, Victoria <VMendez cr,rniamigov.co n> wrote: Yes. I think Amanda is out of town. Checking. Victoria Mendez, City Attorney City of Miami On. Oct 30, 2015, at 4:03 PM, Javier L, Vazquez <Vazquez bergersingerman.com> wrote: We have a meeting set with you for next week on Wed morning to discuss this matter. My colleague Paul Figg will be joining me as will my client Gus DeRibeaux Sent from my iPhone Javi Vazquez, Esq Berger Singennan On Oct 30, 2015, at 3:56 PM, Mendez, Victoria <VMendez�rr�.miamigov.com> wrote: Javier We are having a hard time on this. Let's talk next week. Victoria Mendez, City Attorney City of Miami On Oct 30, 2015, at 3:55 PM, Mendez, Victoria <VMendez0,miarnigov.corn> wrote: Victoria Mendez, City Attorney City of Miami On Oct 29, 2015, at 2:15 PM, Quirke, Amanda L. <alquirke[?,niiamigov.com> wrote: Submitted into the public record for item(s) PH.4 & NA.3 on 09108/2016, City Clerk i I spoke to Javier today. I reviewed this issue at length with PIanning and Zoning to see if we could get to the same interpretation, but we could not. This is an unplatted lot that has had a house on it for more than 50 years. It is a building site, and no building site shall be diminished in the NCD3 without a warrant. From: Mendez, Victoria Sent: Saturday, October 24, 2015 I2:04 AM To: Quirke, Amanda L. Subject: Fwd: Battersea Can you call Javier in This and see how we can figure out Victoria Mendez, City Attorney City of Miami Begin forwarded message: From: "Javier L. Vazquez" <J V azq u ez�7a,b ergers ing enn an , com< mai l to : J Vazq a ezc2b ergersin geam an. corn» To: "Mendez, Victoria" <VMend ez@ niamigov.com<mailto: VMendez{a rnia2nigov.corn» Cc: "Gus De Ribeaux" <Gus cr,gdrpa.com<mailto:Gus a,gdr pa,com>», "Carlos Tosca (carl o s @to sc areal es tate. corn <mai 1 to : Carlos(to scarealestate.com>)" {Carlos ct,toscarealestate.com<maiIto c a rl o s @to s carea I est ate. cone »» Subject: Battersea Vicky As per our conversation, please see attached. Let's you and I speak before you route this to Amanda or Rafael. Thanks Javi Submitted into the public record for item(s) PH.4 & NA.3 on 09/08/2016, City Clerk Javier L. Vazquez 1450 Brickell Avenue f Suite 1900 Miami FL 33131 office: (305) 755-9500 'direct: (305) 714-4378 !fax: (305) 714-4340 email: JVazouez(4bergersinaaman.com I bio website: www.bergersingennan.com doing business in Florida resource: www.flabusinesslaw.com please consider the environment before printing this email. This transmission Is Intended to be delivered only to the named addressee(s) and may contain information that is confidential, proprietary, attorney work -product or attomey-client privileged. It this information is received by anyone other than the named and intended addressees), the recipient should immediately notify the sender by E- MAIL and by telephone at the phone number of the sender fisted on the email and obtain instructions as to the disposal of the transmitted material. In no event shall this maternal be read, used, copied, reproduced. stored or retained by anyone other than the named addressee(s), except with the express consent of the sender or the named addressee(s). Thank you. 441,*MM444.4444/**kr. dr k#M*M#!!w!#www.#FASKIMlw!#tM*Me*MMMMitM/ <scan20151023125254091,pdf5 Submitted into the public record for items) Pir4,4 on 92/02M, City Clerk District 2 Office From: Mendez, Victoria Sent: Wednesday, November 11, 2015 4:50 PM To: Javier L. Vazquez Cc: Goldberg, Daniel S.; Quirke, Amanda L Subject: Re: Warrant Battersea Woods - City of Miami T-Plat 1827 .Yes. Working on it. Victoria Mendez, City Attorney City of Miami On Nov 10, 2015, at 6:29 PM, Javier L. Vazquez <JVazquez@bereersineermar .coma wrote: ryi Sent from my iPhone Javi Vazquez, Esq Berger Singerman Begin forwarded message: From: 'Ellis, Jacqueline" <JEliis@miamigov.com> Date: November 10, 2015 at 6:17:30 PM EST To: Alvaro Alarcon <AAlarcon@palmcorpllc.com>, "Javier L. Vazquez' <JVazq uez @ berge rsinge rma n.co m> Subject: RE: Warrant Battersea Woods - City of Miami T-Plat 1827 Good afternoon Alvaro and Javier, Thursday's rneeting.at 10:00 a.m. is canceled until ! hear back from the City attorney office regarding the Warrant. If you have any questions related to the project, please feel free to contact me at 305-416-1446. Please note that tomorrow, Wednesday November 11, 2015 our offices are closed for Veteran's Day. Thank you for your time, Jacqueline Jacqueline Ellis Planner li Planning & Zoning Dept. City of Miami Telephone: 305-416-1446 jellis@miamigov.com Submitted into the public record for item(s) PH.4 & FVA.3 on 09/08/2016, City Clerk 1 District 2 Office From: Javier 1. Vazquez rJVazquez@bergersingerman.coma Sent: Monday, November 16, 2015 3:10 PM To: Mendez, Victoria Cc: Goldberg, Daniel S.; Paul S Figg Subject: Battersea Matter Hi Vicky Just a quick note to see if there are any updates on my client's Battersea matter and the warrant requirement. Thanks Javi MINION BERGER SINGES N Javier L. Vazquez 1450 Brickell Avenue (Suite 1900 Miami FL 33131 office: (305) 755-9500 I direct: (305) 714-4378 i flu: (305) 714--4340 email: JVazquez bergersingerman.co3n 1 bio j ward website: wm,w.bergersinaernnan.com - doing business in Florida resource: www.flabusinesslaw.coin Please consider the environment before printing this email. This transmission is intended to be delivered only to the named addressee(s)and may contain information that is confidential, proprietary, attorney work - product or attamey-orient privileged. if this information is received by anyone other than the named and intended addressee(s). the recipient should immediately notify the sender by E-MAIL and by telephone at the phone number of the sender listed an the email and obtain instructions as to the disposal of the transmitted material. In no event shall this material be read, used, copied, reproduced, stored or retained by anyone other than the named addressee(s), except with the express consent of the sender or the named addressees). Thank you. Submitted into the public record for item(s) PH.4 & NA.3 on 09/08/2016, City Clerk 1 District 2 Office Submitted into the public record for item(s) Pi .4 & NA.3 on 09/O8/2016, City Clerk From: Goldberg, Daniel S. Sent: Friday, November20, 2015 2:48 PM To: jvazquez@bergersingerman.com Cc: Mendez, Victoria; Min, Barnaby; Quirke, Amanda L.; Ellis, Jacqueline; Brimo, Christopher; Cejas, Devin Subject: Warrant requirement for unplatted lands in NCD-3 Javier, We have taken a look at NCD-3 and its application to unplatted lands. NCD-3 requires a "building site" in existence as of Sept 24, 2005 may only be diminished in size by Warrant. "Building site" is further defined as "one or more lots or portions of lots that are aggregated to form a single family residential site including vacant Tots and all permissible accessory uses and structures." Since the land is unplatted, it doesn't consist of lots or portions thereof. Additionally, as it is unplatted, there is no aggregation. Lastly, NCD-3 provides that: "Wherever an existing single-family residence or lawful accessory building(s) or structure(s) 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." Though there was a single family home on the site, the land was unplatted and therefore did not constitute a building site under the NCD-3 overlay. This was done on at !east one other t-plat of unplatted land. For the sake of consistency, we are recommending not applying the Warrant requirement to unplatted land in NCD-3. It still applies to platted lots, including any case where the applicant submits a t-plat to replat partially platted land and partially unplatted land. As your Battersea t-plat is only unplatted lands, a Warrant is not required. Thank you. Daniel 5. Goldberg, Assistant City Attorney City of Miami Office of the City Attorney Telephone: 305-416-1859 Facsimile: 305-416-1801 dgoidherg@mismieov.cam Assistant: Aida Garcia (305} 416.1815 Disclaimer: This e-mail is intended only for the individual(s) or entity(s) named within the message. This a -mail might contain legally privileged and confidential information. if you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-dient or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney -client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication Is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received In error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message. Nothing In this a -mall message shall, In and of itself, create an attorney -client relationship with the sender. Under Florida taw, e-mail addresses and the contents of the e-mail are public records. If you do not want your e-mail address, or the contents of the e-mail released in response to a public records request, do not send electronic mail to this entity. instead, contact this office by phone or in writing. 1 District 2 Office From: Sent: To: Cc: Subject: Javier L Vazquez <JVazquez@bergersingerman.com> Friday, November 20, 2015 3:19 PM Goldberg, Daniel S. Mendez, Victoria; Min, Barnaby; Quirke, Amanda L.; Ellis, Jacqueline; Brimo, Christopher; Cejas, Devin Re: Warrant requirement for unpiatted lands in NCD-3 Thank you Dan and thank you all for your cooperation and assistance ... Sent from my iPhone Javi Vazquez, Esq Berger Singerman On Nov 20, 2015, at 2:47 PM, Goldberg, Daniel S. <dgoldberg[r miamigov.corn> wrote: Javier, We have taken a look at NCD-3 and its application to unplatted lands, NCD-3 requires a "building site" in existence as of Sept 24, 2005 may only be diminished in size by Warrant. "Building site" is further defined as "one or more lots or portions of lots that are aggregated to form a single family residential site including vacant lots and all permissible accessory uses and structures." Since the land is unplatted, it doesn't consist of lots or portions thereof. Additionally, as it is unpiatted, there is no aggregation. Lastly, NCD-3 provides that: "Wherever an existing single-family residence or lawful accessory building(s) or structure(s) 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." Though there was a single family home on the site, the land was unplatted and therefore did not constitute a building site under the NCD-3 overlay. This was done on at least one other t-plat of unplatted land. For the sake of consistency, we are recommending not applying the Warrant requirement to unplatted land in NCD-3. It still applies to platted lots, including any case where the applicant submits a t-plat to replat partially platted land and partially unplatted land. As your Battersea t-plat is only unplatted lands, a Warrant is not required. Thank you. Daniel S. Goldberg, Assistant City Attorney City of Miami Office of the City Attorney Telephone: 305-416-1859 Facsimile: 305-416-1801 dRo ldbergfarn iam igov. com Submitted into the public record for item(s) PH.4 & NA.3 on 09/0812016, City Clerk 1 Assistant: Aida Garcia 1305) 416-1815 Disclaimer: This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold It in confidence to protect the attorney -client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney -client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message. Nothing in this e-mail message shall, In and of itself, create an attorney -client relationship with the sender. Under Florida law, e-mail addresses and the contents of the e-mail are public records. If you do not want your e-mail address, or the contents of the e-mail released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or In writing. Please consider the environment before printing this e-mail. Submitted into the public record for item(s) PH.4 & NA.3 on 09/08/2016, City Clerk 2 Submitted into the public record for item(s) PH.4 & NA.3 on 09/08/2016, City Clerk District 2 Office From; Sent: To: Cc: Subject: Goldberg, Daniel S. Tuesday, January 05, 2016 4:14 PM Pousada, Enrique; Cejas, Devin Mendez, Victoria FW: Warrant requirement for unplatted lands in NCD-3 See below. Thought we had put this one to rest. Warrant isn't needed for unplatted lands. Daniel 5. Goldberg, Assistant City Attorney City of Miami Office of the City Attorney Telephone: 305-416-1859 Facsimile: 305-416-1801 dgaldberg@miamigov.com Assistant: Aida Garcia (305) 416-1815 Disclaimer: This a-rna€l is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney -client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney -client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver It to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. if this communication was received in error we apologize for the intrusion. Please notify us by reply a -mall and delete the original message. Nothing in this e-mail message shall, in and of itself, create an attorney -client relationship with the sender. under Florida law, e-mail addresses and the contents of the e-mail are public records. If you do not want your e-mail address, or the contents of the e-mail released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone ar in writing. Please consider the environment before printing this e-mail. From: Goldberg, Daniel S. Sent: Friday, November 20, 2015 2:48 PM To: jvazquez@bergersingerman.com Cc: Mendez, Victoria; Min, Barnaby; Quirke, Amanda L.; Ellis, Jacqueline; Brimo, Christopher; Cejas, Devin Subject: Warrant requirement for unplatted lands in NCD-3 Javier, We have taken a look at NCD-3 and its application to unplatted lands. NCD-3 requires a "building site" in existence as of Sept 24, 20D5 may only be diminished in size by Warrant. "Building site" is further defined as "one ar more lots or portions of lots that are aggregated to form a single family residential site including vacant lots and all permissible accessory uses and structures." Since the land is unplatted, it doesn't consist of lots or portions thereof. Additionally, as it is unplatted, there is no aggregation. Lastly, NCD-3 provides that: "Wherever an existing single-family residence ar lawful accessory building(s) or structure(s) 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." 1 Though there was a single family home on the site, the land was unplatted and therefore did not constitute a building site under the NCD-3 overlay. This was done on at least one other t-plat of unplatted land. For the sake of consistency, we are recommending not applying the Warrant requirement to unplatted land in NCD-3. It still applies to platted lots, including any case where the applicant submits a t-plat to replat partially platted land and partially unplatted land. As your Battersea t-plat is only unplatted lands, a Warrant is not required. Thank you. Daniel 5, Goldberg, Assistant City Attorney City of Miami Office of the City Attorney i `telephone. 305-416-1859 Facsimile: 305-416-1801 deoldberg@miamigov.com Assistant: Aida Garcia (305) 416-1815 Disclaimer. This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney -client or work product privileges. Should the Intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney -client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 t1.S.C. section 2510-2521. if this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message. Nothing in this e-mail message shall, In and of itself, create an attorney -client relationship with the sender. Under Florida law, e-mail addresses and the contents of the e-mail are public records. If you do not want your e-mail address, or the contents of the e-mail released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. Please consider the environment before printing this e-mail. Submitted into the public record for item(s) PH.4 & NA.3 on 09/08/201§, City Clerk 2 District 2 Office From: Javier L Vazquez <JVazquez@bergersingerman.com> Sent: Wednesday, January 20, 2016 7:21 AM To: Mendez, Victoria Subject: Re: Warrant - Battersea I can't believe we are still having this conversation Sent from my iPhone Javi Vazquez, Esq Berger Singerman On Jan 20, 2016, at 6:31 AM, Mendez, Victoria <VMendez(2 miamigov.com> wrote: Enrique. is this resolved?? Victoria Mendez, City Attorney Board Certified, City, County and Local Government City of Miami Office of the City Attorney Telephone: 305-416-1832 Facsimile: 305-416-1801 victoriamendez(@,miamigov.com Assistant: Marta Gomez (305) 416-1844 On Jan 19, 2016, at 4:01 PM, Pousada, Enrique eepousada{cz�,miamigov.com> wrote: Mr. Ribeaux, as a follow up to our telephone conversation, Devin Cejas and I met Friday evening regarding this matter and he will be issuing correspondence addressing Planning and Zoning condition No. 25 highlighted in yellow below and attached.. [cid:image001.png@a 0IDI4FB3.AA17ECDO] Esteemed regards, Enrique Pousada, PSM Senior Surveyor City of Miami Public Works Department Submitted into the public 444 SW 2nd Avenue — 4th Floor record for item(s) PH.4 & NA.3 Miami, FL 33130 on 09/08/2016, City Clerk (305) 416-1232 (305) 416-1278 (F) epousada a�7niamigov.eomenai1to:epousada�7miamigov.com> www.mi aani gov. corn/publicworksehttp: //www.miannigov. com/publicworks> Tell us how we are doing. CLICK HERE<https://www.surveyrnonkey.com/rITHD8GR5> to complete the Public Works Customer Satisfaction Survey. From: Gus De Ribeaux jmailto: Gus(gdrpa.com] Sent: Tuesday, January 19, 2016 3:26 PM To: Goldberg, Daniel S.; Pousada, Enrique; Cejas, Devin Cc: Javier L. Vazquez; Carlos Tosca; Iglesias, Peter; Mendez, Victoria Subject: RE: Warrant - Battersea . Cejas, As per the below, could you please confirm to Mr. Pousada (and our office) that the warrant is no longer required on his punchlist. Thanks for your help. Gus Deribeaux Gus De Ribeaux, Esq. Law Offices of Gus M. Deribeaux, P.A. 4904 SW 72 Ave. Miami, Florida 33155 (305) 446-7990 (305) 446-4151 facsimile gus(@ drpa.corn<mailto:gus(a7gdrpa.com> From: Goldberg, Daniel S. [mailto:dgoldberg rJJrniamigov,com] Sent: Friday, January 15, 2016 3:35 PM To: Pousada, Enrique; Cejas, Devin Cc: Gus De Ribeaux; Javier L. Vazquez; Carlos Tosca; Iglesias, Peter; Mendez, Victoria Subject: Re: Warrant - Battersea Thought this was resolved. No Warrant for unplatted lands. Any condtiton requiring the same should be eliminated as a matter of law Sent from my iPhone On Jan 14, 2016, at 12:37 PM, Javier L. Vazquez <J Vazquez{cr�bergersin ger man. com4rnailto: JV azquez@bergersingennan.com»3 wrote: See below.. ,.please advise Franc: Gus De Ribeaux [mailto:Gus(gdrpa.com] Sent: Tuesday, January 12, 2016 2:58 PM To: Javier L. Vazquez Cc: Carlos Tosca; Salome Gonzalez; Alvaro Alarcon Subject: Warrant - Battersea Submitted into the public record for item(s) PH.4 & NA.3 on 09/08/2016, City Clerk 2 Javi, It appears that Enrique Posada still has not removed the Warrant Requirement frorri his punchlist on the Battersea Plat. As you may remember, he said that he needed something from the zoning administrator telling him to remove that requirement, because they were the ones who initially required it. This is despite the fact that the city attorney has already opined that it does not apply. Can you have the attomey's office direct the zoning administrator to send that email/notification to Mr. Posada so he can remove that requirement? Also, the bond agreement still needs the signature of the city attorney. Thanks, Gus Gus De Riheaux, Esq. Law Offices of Gus M. Deribeaux, P.A. 4904 SW 72 Ave. Miami, Florida 33155 (305) 446-7990 (305) 446-4151 facsimile gu s(a� gdrp a.corn<rnailto: gu s (Dgdrp a. comp <PSC Letter 9-03-2015 BATTERSEA WOODS #1827-A.PDF> <iinage002. jpg> Submitted into the public record for item(s) PH.4 & NA.3 on 09/08/2016, City Clerk District 2 Office Submitted into the public record for item(s) PH.4 & NA.3 on 09/0812016, City Clerk From: Mendez, Victoria Sent: Wednesday, January 20, 2016 7:24 AM To: Javier L. Vazquez Subject: Re: Warrant - Battersea Imaginate Victoria Mendez, City Attorney Board Certified, City, County and Local Government City of Miami Office of the City Attorney Telephone: 305-416-1832 Facsimile: 305-416-1801 vi ctori ain end ezPm i aini gov. coma Assistant: Marta Gomez (305) 416-1844 On Jan 20, 2016, at 7:20 AM, Javier L. Vazquez <JVazquez@bergersingennan.com> wrote: I can't believe we are still having this conversation Sent from my iPhone Javi Vazquez, Esq Berger Singennan On Jan 20, 2016, at 6:31 AM, Mendez, Victoria <VMendezgrniamigov.com> wrote: Enrique. Is this resolved?? Victoria Mendez, City Attorney Board Certified, City, County and Local Governrnent City of Miami Office of the City Attorney Telephone: 3 0 5-416-18 3 2 Facsimile: 3 0 5-416-18 01 victoriamend ez(aniaznigov.coni Assistant: Marta Gomez (305) 416-1844 On Jan 19, 2016, at 4:01 PM, Pousada, Enrique <epousada(c miarnigov.cam> wrote: Mr. Ribeaux, as a follow up to our telephone conversation, Devin Cejas and 1 met Friday evening regarding this matter and he will be issuing correspondence addressing Planning and Zoning condition No. 25 highlighted in yellow below and attached. [cid:image001.png@a01D 14FB3.AA17ECDO] Esteemed regards, Enrique Pousada, PSM Senior Surveyor City of Miami Public Works Department 444 SW 2nd Avenue — 4th Floor Miami, FL 33130 (305) 416-1232 (305) 416-1278 (F) epousada@miarnigov.corn<mailto:epousada(2 tniamigov.com> www. mi anri gov. co m f pub li cworks<h ttp liwww.miarnigov.com/pub licworks> Tell us how we are doing. CLICK HERE<ls://www.survevmonkev.cornir/THD8GR5> to complete the Public Works Customer Satisfaction Survey. From: Gus De Ribeaux [mailto:Gus@,gdrpa.com] Sent: Tuesday, January 19, 2016 3:26 PM To: Goldberg, Daniel S.; Pousada, Enrique; Cejas, Devin Cc: Javier L, Vazquez; Carlos Tosca; Iglesias, Peter; Mendez, Victoria Subject: RE: Warrant - Battersea Mr. Cejas, As per the below, could you please confirm to Mr. Pousada (and our office) that the warrant is no longer required on his punchlist. Thanks for your help. Gus Deribeaux Gus De Ribeaux, Esq. Law Offices of Gus M. Deribeaux, P.A. 4904 SW 72 Ave. Miami, Florida 33155 (305) 446-7990 (305) 446-4151 facsimile bra s�aJro acorn<mail to: gus(agdrpa. com> Submitted into the public record for item(s) PH.4 & NA.3 on 09/08/2016, City Clerk From: Goldberg, Daniel S.[rnailto:dg,oldberg@miamigov.com] Sent: Friday, January 15, 2016 3:35 PM To: Pousada, Enrique; Cejas, Devin Cc: Gus De Ribeaux; Javier L. Vazquez; Carlos Tosca; Iglesias, Peter; Mendez, Victoria Subject: Re: Warrant - Battersea Thought this was resolve.. No Warrant for unplatted lands. Any condtiton requiring the same should be eliminated as a matter of law Sent from my iPhone On Jan 14, 2016, at 12:37 PM, Javier L. Vazquez CJVazquez abergersingerman.com{znailto:JVazquez(cbergersinge nnan.com» wrote: See below, ...please advise From: Gus De Ribeaux [rnailto:Gus a�7,gdrpa.com] Sent: Tuesday, January 12, 2016 2:58 PM To: Javier L. Vazquez Cc: Carlos Tosca; Salome Gonzalez; Alvaro AIarcon Subject: Wan -ant - Battersea Javi, It appears that Enrique Posada still has not removed the Warrant Requirement from his punchlist on the Battersea Plat. As you may remember, he said that he needed something from the zoning administrator telling him to remove that requirement, because they were the ones who initially required it. This is despite the fact that the city attorney has already opined that it does not apply. Can you have the attorney's office direct the zoning administrator to send that email/notification to Mr. Posada so he can remove that requirement? Also, the bond agreement still needs the signature of the city attorney. Thanks, Gus Gus De Ribeaux, Esq. Law Offices of Gus M. Deribeaux, P.A. 4904 SW 72 Ave. Miami, Florida 33155 (305) 446-7990 (305) 446-4151 facsimile gus[a7gdrpa.corn<mai1to gus[7a,gdrpa.com> Submitted into the public record for item(s) PH.4 & NA.3 on 09/08/2016, City Clerk <PSC Letter 9-03-2015 BATTERSEA WOODS #1827-A.PDF> <image002.jpg> Submitted into the public record for item(s) PH.4 & NA.3 on 09/08/2016, City Clerk District 2 Office From: Mendez, Victoria Sent: Wednesday, January 2D, 2016.4:29 PM To: Cejas, Devin Cc: Gus De Ribeaux; Javier L. Vazquez; Goldberg, Daniel S.; Pousada, Enrique Subject: Battersea Devin Can you send Pousada the and email that no warrant is required as we discussed? Thx. Victoria Mendez, City Attorney Board Certified, City, County and Local Government City of Miami Office of the City Attorney Telephone: 305-416-1832 Facsimile: 305-416-1801 victoriamendez@miamigov.com Assistant: Marta Gomez (305) 416-1844 Submitted into the public record for item(s) PH.4 & NA.3 on 09/0802016, City Clerk District 2 Office From: Cejas, Devin <DCejas@miamigov.com> Sent: Wednesday, January 20, 2016 6:55 PM To: Pousada, Enrique; Mendez, Victoria Cc: Gus De Ribeaux; Goldberg, Daniel S.; Javier L. Vazquez; Carlos Tosca; Iglesias, Peter; Fiore, Antonio; Santamaria, Ed; Ellis, Jacqueline Subject: RE: Warrant - Battersea Hello Vicky, l was under the impression this was resolved after my meeting with Francisco and Planning & zoning representatives of Plat and Street last year. Mr. Ribeaux, By way of this correspondence and pursuant to internal staff meetings in late 2015, please be advised that a Warrant to diminish the size of this un-platted Building Site in question is not needed. In addition, the proposed platted lots are found to be consistent in area and dimension with minimum lot size requirements and adjacent platted Tots. Please be advised that this determination is specific to the existing site, contextual circumstances and the proposed lot sizes of this case. Ail other applications for the diminishing of Building Sites within the NCD's are subject to the appropriate review process and subsequent requests to comply with both the City's Zoning Code and City Code of Ordinances. This email shall satisfy the request to remove line item #25. Thank you and best regards, Devin Cejas Acting Zoning Administrator Planning and Zoning Department City of Miami 305-416-1 488 From: Pousada, Enrique Sent: Wednesday, January 20, 2016 8:12 AM To: Mendez, Victoria <VMendez@miamigov.com> Cc: Gus De Ribeaux ‹Gus@gdrpa.com>; Goldberg, Daniel S. <dgoldberg@miamigov.com>; Cejas, Devin <DCejas@miamigov.com>; Javier L. Vazquez KiVazquez@bergersingerman.com>; Carlos Tosca <carlos@toscarealestate.com>; Iglesias, Peter 'Plglesias@miamigov.com>; Fiore, Antonio <afiore@miamigov.com>; Santarnaria, Ed <esantamaria@miamigov.com> Subject: Re: Warrant - Battersea It is still pending from Zoning. Also I spoke with Gus De Ribeaux yesterday and explained that this matter would not prevent the submittal, review, and processing of the final plat, while Zoning issues correspondence. Submitted into the public record for item(s) PH.4 & NA.3 on 09/08/2016, City Clerk On Jan 20, 2016, at 6:31 AM, Mendez, Victoria <VMendez@a,miamigov,com> wrote: Enrique. Is this resolved?? Victoria Mendez, City Attorney Board Certified, City, County and Local Government City of Miami Office of the City Attorney Telephone: 305-416-1832 Facsimile: 305-416-1801 victoriamendez@miamigov.com Assistant: Marta Gomez (305) 416-1844 On Jan 19, 2016, at 4:01 PM, Pousada, Enrique <epousada(a,miamigov.com> wrote: Mr. Ribeaux, as a follow up to our telephone conversation, Devin Cejas and I met Friday evening regarding this matter and he will be issuing correspondence addressing Planning and Zoning condition No. 25 highlighted in yellow below and attached. [ci d :image001.png r[i},0 I D 14FB 3. AA 17ECD 0] Esteemed regards, Enrique Pousada, PSM Senior Surveyor City of Miami Public Works Department 444 SW 2nd Avenue — 4th Floor Miami, FL 33130 (305) 416-1232 (305) 416-1278 (F) epousada@nni ami gov. com<rail to: epou sada c ,miami gov.com> www.mi arnigov. coripubli cworks<http:f/www.mi amigov.caniipublicworks> Tell us how we are doing. CLICK HERE<https:iiwww.surveyrnonkey.com/rITHD8GR5> to complete the Public Works Customer Satisfaction Survey. From: Gus De Ribeaux [mai1to:Gus r(gdrpa.com] Sent: Tuesday, January 19, 2016 3:26 PM To: Goldberg, Daniel. S.; Pousada, Enrique; Cejas, Devin Cc: Javier L. Vazquez; Carlos Tosca; Iglesias, Peter; Mendez, Victoria Subject: RE: Warrant - Battersea Mr. Cejas, As per the below, could you please confirm to Mr. Pousada (and our office) that the warrant is no longer required on his punchlist. Submitted into the public record for item(s) PH.4 & NA.3 Thanks for your help. on 09/08/2O16, City Clerk 2 Gus Deribeaux Gus De Ribeaux, Esq. Law Offices of Gus M. Deribeaux, P.A. 4904 SW 72 Ave. Miami, Florida 33155 (305) 446-7990 (305) 446-4151 facsimile gus6gdrpa.com<mailto:gus r�7r,gdrpa.com> From: Goldberg, Daniel S. [mailto:dgoldberg@miamigov.com] Sent: Friday, January 15, 2016 3:35 PM To: Pousada, Enrique; Cejas, Devin Cc: Gus De Ribeaux; Javier L. Vazquez; Carlos Tosca; Iglesias, Subject: Re: Warrant Battersea Thought this was resolved. No Warrant for unplatted lands. Any should be eliminated as a matter of law Sent from my iPhone Peter; Mendez, Victoria condtiton requiring the same On Jan 14, 2016, at 12:37 PM, Javier L. Vazquez <JVazquez@bergersingerman.com<mailto:Nazquez@bergersingerman.coxn» wrote: See below ....please advise From: Gus De Ribeaux [rnailto:Gus@gdrpa.cam] Sent: Tuesday, January 12, 2016 2:58 PM To: Javier L. Vazquez Cc: Carlos Tosca; Salome Gonzalez; Alvaro Alarcon Subject: Warrant - Battersea Javi, It appears that Enrique Posada still has not removed the Warrant Requirement from his punchlist on the Battersea Plat. As you may remember, he said that he needed something from the zoning administrator telling him to remove that requirement, because they were the ones who initially required it. This is despite the fact that the city attorney has already opined that it does not apply. Can you have the attorney's office direct the zoning administrator to send that email/notification to Mr. Posada so he can remove that requirement? Also, the bond agreement still needs the signature of the city attorney. Thanks, Gus Submitted into the public record for item(s) PH.4 & NA.3 an 09/08/2016, City Clerk 3 Gus De Ribeaux, Esq, Law Offices of Gus M. Deribeaux, P.A. 4904 SW 72 Ave. Miami, Florida 33155 (305) 446-7990 (305) 446-4151 facsimile gus@gdrpa. com<mailto: gus@gdrpa. com> <PSC Letter 9-03-2015 BATTERSEA WOODS #1827-A,PDF> <image002.jpg> Submitted into the public record for item(s) PH.4 & NA.3 on 09/08/2016, City Clerk 4 District 2 Office From: Mendez, Victoria Sent: Thursday, January 21, 2016 5:25 PM To: Cejas, Devin Cc: Goldberg, Daniel S.; Javier L. Vazquez; Iglesias, Peter; Fiore, Antonio; Santamaria, Ed; Ellis, Jacqueline; Gus@gdrpa.com; Pousada, Enrique Subject: RE: Warrant - Battersea Thankyouth!! From: Cejas, Devin Sent: Wednesday, January 20, 2016 6:55 PM To: Pousada, Enrique; Mendez, Victoria Cc: Gus De Ribeaux; Goldberg, Daniel 5,; Javier L. Vazquez; Carlos Tosca; Iglesias, Peter; Fiore, Antonio; Santamaria, Ed; Ellis, Jacqueline Subject: RE: Warrant - Battersea Hello Vicky, l was under the impression this was resolved after my meeting with Francisco and Planning & Zoning representatives of Plat and Street last year. Mr. Ribeaux, By way of this correspondence and pursuant to internal staff meetings in late 2015, please be advised that a Warrant to diminish the size of this un-platted Building Site in question is not needed. In addition, the proposed platted lots are found to be consistent in area and dimension with minimum lot size requirements and adjacent platted lots. Please be advised that this determination is specific to the existing site, contextual circumstances and the proposed lot sizes of this case. All other applications for the diminishing of Building Sites within the NCD's are subject to the appropriate review process and subsequent requests to comply with both the City's Zoning Code and City Code of Ordinances. This email shall satisfy the request to remove line item #25, Thank you and best regards, Devin Cejas Acting Zoning Administrator Planning and Zoning Department City of Miami 305-416-1488 From: Pousada, Enrique Sent: Wednesday, January 20, 2016 8:12 AM To: Mendez, Victoria <VMendez(aimiamigov.com> Cc: Gus De Ribeaux <Gus cx gdrpa,com>; Goldberg, Daniel S. <dgoldberggmiamignv.cama; Cejas, Devin <DCelas@miarnigov.com>; Javier L. Vazquez cIVazquezPbergersingerman.com>; Carlos Tosca <carlos toscarealestate.com›; Iglesias, Peter<Plglesias@miamieov.cam>; Fiore, Antonio ‹afiore@miamigov,com?; Santamaria, Ed <esantamaria@miamiRov,com> Submitted into the public Subject: Re: Warrant - Battersea record for item(s) PH.4 & NA.3 t an 09/08/2016, City Clerk It is still pending from Zoning. Also I spoke with Gus De Ribeaux yesterday and explained that this matter would not prevent the submittal, review, and processing of the final plat, while Zoning issues correspondence. On Jan 20, 2016, at 6:31 AM, Mendez, Victoria <VMendezrniarnigov.conr> wrote: Enrique. Is this resolved?? Victoria Mendez, City Attorney Board Certified, City, County and Local Government City of Miami Office of the City Attorney Telephone: 305-416-1832 Facsimile: 305-416-1801 victoriamendez@miamigov.com Assistant: Marta Gomez (305) 416-1844 On Jan 19, 2016, at 4:01 PM, Pousada, Enrique <epousada(miarnigov.com> wrote: Mr. Ribeaux, as a follow up to our telephone conversation, Devin Cejas and I met Friday evening regarding this matter and he will be issuing correspondence addressing Planning and Zoning condition No. 25 highlighted in yellow below and attached. [cid:irnage001.png@01D 14FB3AA 17ECD0] Esteemed regards, Enrique Pousada, PSM Senior Surveyor City of Miami Public Works Department 444 SW 2nd Avenue — 4th Floor Miami, FL 33130 (305) 416-1232 (305) 416-1278 (F) epou s a d a (Omni ami gov. com<rnailto : epous ad a@miami gov. cam? www. miaini gov, cornn/pub l i cwork s<http:llwww ,rniami gov. comJpub licworks> Tell us how we are doing. CLICK HERE<https://www.survevmonkey.com/r/THD8GR5> to complete the Public Works Customer Satisfaction Survey. Submitted into the public From: Gus De Ribeaux [mailto:Gus@gdr Pa.corn] record for item(s) PH.4 & NA.3 Sent: Tuesday, January 19, 2016 3:26 PM on 09/08/2016, City Clerk To: Goldberg, Daniel S.; Pousada, Enrique; Cejas, Devin Cc: Javier L. Vazquez; Carlos Tosco; Iglesias, Peter; Mendez, Vieto1... z Subject: RE: Warrant - Battersea Mr. Cejas, As per the below, could you please confirm to Mr. Pousada (and our office) that the warrant is no longer required on his punchlist. Thanks for your help. Gus Deribeaux Gus De Ribeaux, Esq. Law Offices of Gus M. Deribeaux, P.A. 4904 SW 72 Ave. Miami, Florida 33155 (305) 446-7990 (305) 446-4151 facsimile gus @gdma.com<mailto: gus @gdrpa.com> From: Goldberg, Daniel S. [mailto:dgoldbergmiatnigov.comj Sent: Friday, January 15, 2016 3:35 PM To: Pousada, Enrique; Cejas, Devin Cc: Gus De Ribeaux; Javier L. Vazquez; Carlos Tosca; Iglesias, Peter; Mendez, Victoria Subject: Re: Warrant - Battersea Thought this was resolved. No Warrant for unplatted lands. Any condtiton requiring the same should be eliminated as a matter of law Sent from my iPhone On San 14, 2016, at 12:37 PM, Javier L. Vazquez <JVazquez@bergersingerman.com<mailto:JVazquez rabergersingenna i.com>> wrote: See below....pleas a advise From: Gus De Ribeaux [mailto:.Gus r@,gdrpa.conr] Sent: Tuesday, January 12, 2016 2:58 PM To: Javier L. Vazquez Cc: Carlos Tosca; Salome Gonzalez; Alvaro Alarcon Subject: Warrant - Battersea Submitted into the public record for item(s) PH.4 & NA.3 on 09/08/2016, City Cierk Javi, It appears that Enrique Posada still has not removed the Warrant Requirement from his punchlist on the Battersea Plat. As you may remember, he said that he needed something from the zoning administrator telling him to remove that requirement, because they were the ones who initially required it. This is despite the fact that the city attorney has already opined that it does not apply. Can you have the attorney's office direct the zoning administrator to send that email/notification 3 to Mr. Posada so he can remove that requirement? Also, the bond agreement still needs the signature of the city attorney. Thanks, Gus Gus De Ribeaux, Esq. Law Offices of Gus M. Deribeaux, P.A. 4904 SW 72 Ave. Miami, Florida 33155 (305) 446-7990 (305) 446-4151 facsimile gus@gdrpa.com<mailta:gus�}a�gdrpa. comma <PSC Letter 9-03-2015 BATTERSEA WOODS #1827-A.PDF> <image002.]Pg> Submitted into the public record for item(s) PH.4 & NA.3 on 09/08/2016, City Clerk 4 District 2 Office From: Sent: To: Cc: Subject: Thanks Devin. Goldberg, Daniel 5. <dgoIdberg@miamigov.com> Friday, January 22, 2016 9:11 AM Mendez, Victoria; Cejas, Devin Javier L. Vazquez; igfesias, Peter, Fiore, Antonio; Santamaria, Ed; Ellis, Jacqueline; Gus@gdrpa.com; Pousada, Enrique RE: Warrant - Battersea Daniel S. Goldberg, Assistant City Attorney City of Miami Office of the City Attorney Telephone: 305-416-1859 Facsimile: 305-416-1801 dgoldberg@miamigov.cam Assistant: Aida Garcia {305) 416-1815 Disclaimer: This e-mail is Intended only for the individual(s) or entity(s) named within the message. This e-mail :night contain legally privileged and confidential Information. if you properly received this a -mall as a client or retained expert, please hold it in confidence to protect the attorney -client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney -client privilege. If the reader of this message is not the Intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication Is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U,S.C. section 2510-2521, If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message. Nothing In this e-mail message shall, in and of itself, create an attorney -client relationship with the sender. Under Florida law, e-mail addresses and the contents of the e-mail are public records. If you do not want your e-mail address, or the contents of the e-mail released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. Please consider the environment before printing this e-mail. From Mendez, Victoria Sent: Thursday, January 21, 2016 5:25 PM To: Cejas, Devin Cc: Goldberg, Daniel S.; Javier L. Vazquez; Iglesias, Peter; Fiore, Antonio; Santamaria, Ed; Ellis, Jacqueline; Gus@gdrpa.com; Pousada, Enrique Subject: RE: Warrant - Battersea Thank you'll!' From: Cejas, Devin Sent: Wednesday, January 20, 2016 6:55 PM To: Pousada, Enrique; Mendez, Victoria Cc: Gus De Ribeaux; Goldberg, Daniel 5.; Javier L. Vazquez; Carlos Tosca; Iglesias, Peter; Fiore, Antonio; Santamaria, Ed; Ellis, Jacqueline Subject: RE: Warrant - Battersea Hello Vicky, I was under the impression this was resolved after my meeting with Francisco and Planning & Zoning representatives of Plat and Street last year. Mr. Ribeaux, Submitted into the public record for items) PH.4 on 09/08/2016, City Clerk 1 By way of this correspondence and pursuant to internal staff meetings in late 2015, please be advised that a Warrant to diminish the size of this un-platted Building Site in question is not needed. In addition, the proposed platted lots are found to be consistent in area and dimension with minimum lot size requirements and adjacent platted lots. Please be advised that this determination is specific to the existing site, contextual circumstances and the proposed i3t sizes of this case. All other applications for the diminishing of Building Sites within the NCD's are subject to the appropriate review process and subsequent requests to comply with both the City's Zoning Code and City Code of Ordinances.. This email shall satisfy the request to remove line item #25. Thank you and best regards, Devin Cejas Acting Zoning Administrator Planning and Zoning Department City of Miami 305-4 t 6-'1488 From: Pousada, Enrique Sent: Wednesday, January 20, 2016 8:12 AM To: Mendez, Victoria <VMendez@miatnigov.corn> Cc: Gus De Ribeaux Gus@gdrpa.com>; Goldberg, Daniel S. <dgoidbergC miamigov.com>; Cejas, Devin <E1Ceias rniami ov.com>; Javier L. Vazquez<JVazquez@bergersinger'man.com>; Carlos Tosca ccarlos@toscarealestate.com>; Iglesias, Peter ci'Iglesias@miamignv.com>; Fiore, Antonio rafiore@miamigov.com>; Santa rna ria, Ed czesantamaria @miarn igay.com> Subject: Re: Warrant - Battersea It is still pending from Zoning. Also I spoke with Gus De Ribeaux yesterday and explained that this matter would not prevent the submittal, review, and processing of the final plat, while Zoning issues correspondence. On Jan 20, 2016, at 6:31 AM, Mendez, Victoria <VMendez�7ar,miarnignv.c0m> wrote: Enrique. Is this resolved?? Victoria Mendez, City Attorney Board Certified, City, County and Local Government City of Miami Office of the City Attorney Telephone: 3 05-416 -18 3 2 Facsimile: 3 05-416-1801 victori amend ezgmi aini gov. com Assistant: Marta Gomez (305) 416-1844 On Jan 19, 2016, at 4:01 PM, Pousada, Enrique <epousada@miamigov.com> wrote: 2 Submitted into the public record for item(s) PH.4 & NA.3 on 09/08/2016, City Clerk Mr. Ribeaux, as a follow up to our telephone conversation, Devin Cejas and I met Friday evening regarding this matter and he will be issuing correspondence addressing Planning and Zoning condition No. 25 highlighted in yellow below and attached. {cid:image001.png 01D14FB3.AA17ECDO] Esteemed regards, Enrique Pousada, PSM Senior Surveyor City of Miami Public Works Department 444 SW 2nd Avenue — 4th Floor Miami, FL 33130 (305) 416-1232 (305) 416-1278 (F) epousada@miamigov.com<mailto:epousada@,miamizov.com> www.miarnigov. cornlpublicworks<http:llwww.miamigov.com/publicworks> Tell us how we are doing. CLICK HERE<https://www.survevrnonkey.com/r?THD8GR5> to complete the Public Works Customer Satisfaction Survey. From: Gus De Ribeaux [rnailto:Gus(gdrpa.com] Sent: Tuesday, January 19, 2016 3:26 PM To: Goldberg, Daniel S.; Pousada, Enrique; Cejas, Devin Cc: Javier L. Vazquez; Carlos Tosca; Iglesias, Peter; Mendez, Victoria Subject: RE: Warrant - Battersea Mr. Cejas, As per the below, could you please confirm to Mr. Pousada (and our office) that the warrant is no longer required on his punchlist. Thanks for your help. Gus Deribeaux Gus De Ribeaux, Esq. Law Offices of Gus M. Deribeaux, P.A. 4904 SW 72 Ave. Miami, Florida 33155 (305) 446-7990 (305) 446-4151 facsimile gus@gdrpa.com<rnailto: gus@gdrpa. com> Submitted into the public record for item(s) PH.4 & NA.3 From: Goldberg, Daniel S. [mailto:dgoldberg(c miamigov.com] on 09/08/2016, City Clerk Sent: Friday, January 15, 2016 3:35 PM To: Pousada, Enrique; Cejas, Devin Cc: Gus De Ribeaux; Javier L. Vazquez; Carlos Tosca; Iglesias, Peter; Mendez, Victoria 3 Subject: Re: Warrant - Battersea Thought this was resolved. No Warrant for unplatted lands. Any condtiton requiring the same should be eliminated as a matter of law Sent from my iPhone On Jan 14, 2016, at 12:37 PM, Javier L. Vazquez <JVazquez@a bergersingem-tan. com<mailto:JVazquez r[zabergersingerman.com>» wrote: See below....please advise From: Gus De Ribeaux [tnailto:Gus,gdrpa.com] Sent: Tuesday, January 12, 2016 2:58 PM To: Javier L. Vazquez Cc: Carlos Tosca; Salome Gonzalez; Alvaro Alarcon Subject: Warrant - Battersea Javi, It appears that Enrique Posada still has not removed the Warrant Requirement from his punchlist on the Battersea Plat. As you may remember, he said that he needed something from the zoning administrator telling him to remove that requirement, because they were the ones who initially required it. This is despite the fact that the city attorney has already opined that it does not apply. Can you have the attorney's office direct the zoning administrator to send that email/notification to Mr. Posada so he can remove that requirement? Also, the bond agreement still needs the signature of the city attorney. Thanks, Gus Gus De Ribeaux, Esq. Law Offices of Gus M. Deribeaux, P.A. 4904 SW 72 Ave. Miami, Florida 33155 (305) 446-7990 (305) 446-4151 facsimile gus 'ia,gdrpa.corn<mailtogus{czdrpa.com> <PSC Letter 9-03-2015 BATTERSEA WOODS #1827-A.PDF> <image002.jpg> Submitted into the public record for item(s) PH.4 & NA.3 on 09/0812016, City Clerk 4 District 2 Office From: Gus De Ribeaux <Gus@gdrpa.com? Sent: Friday, January 22, 2016 10:01 AM To: Mendez, Victoria Subject: RE: Warrant - Battersea Vicky, Thanks for your help cn this. It looks like it kept slipping through the cracks until you got involved. We really appreciate it. If 1 can help you in any way, please feel free to call rne. Thanks, Gus Gus De Ribeaux, Esq. Law Offices of Gus M. Deribeaux, P.A. 4904 SW 72 Ave. Miami, Florida 33155 (305) 446-7990 (305) 446-4151 facsimile qusPgdrpa.com From: Mendez, Victoria [mailto:VMendez@miamigov.com] Sent: Thursday, January 21, 2016 5:25 PM To: Cejas, Devin Cc: Goldberg, Daniel S.; Javier L. Vazquez; Iglesias, Peter; Fiore, Antonio; Santamaria, Ed; Ellis, Jacqueline; Gus De Ribeaux; Pousada, Enrique Subject: RE: Warrant - Battersea Thank youlllll From: Cejas, Devin Sent: Wednesday, January 20, 2016 6:55 PM To: Pousada, Enrique; Mendez, Victoria Cc: Gus De Ribeaux; Goldberg, Daniel S.; Javier L. Vazquez; Carlos Tosca; Iglesias, Peter; Fiore, Antonio; Santamaria, Ed; Ellis, Jacqueline Subject: RE: Warrant - Battersea Hello Vicky, I was under the impression this was resolved after my meeting with Francisco and Planning &Zoning representatives of Plat and Street last year. Mr. Ribeaux, Submitted into the public record for item(s) PH.4 & NA.3 on 09/08/2016, City Clerk 1 By way of this correspondence and pursuant to internal staff meetings in fate 2015, please be advised that a Warrant to diminish the size of this un-platted Building Site in question is not needed. In addition, the proposed platted lots are found to be consistent in area and dimension with minimum lot size requirements and adjacent platted lots. Please be advised that this determination is specific to the existing site, contextual circumstances and the proposed lot sizes of this case. All other applications for the diminishing of Building Sites within the NCD's are subject to the appropriate review process and subsequent requests to comply with both the City's Zoning Code and City Code of Ordinances. This email shall satisfy the request to remove line item #25. Thank you and best regards, Devin Cejas Acting Zoning Administrator Planning and Zoning Department City of Miami 305-4 t 6-1488 From: Pousada, Enrique Sent: Wednesday, January 20, 2016 8:12 AM To: Mendez, Victoria <VMendez@miamigov.com> Cc: Gus De Ribeaux <Gus(gdrpa.com>; Goldberg, Daniel 5. <dgoldberg@miamigov.com>; Cejas, Devin <DCejas@miamigov.com>; Javier L. Vazquez <JVazguez@bergersingerman.com>; Carlos Tosca <carlos@toscarealestate.com>; Iglesias, Peter <Plglesias@miamigay.com>; Fiore, Antonio cafiore@miamigov.com>; Santa ma ria, Ed resa nta ma ria @ m is m igov, cam Subject: Re: Warrant - Battersea It is still pending from Zoning. Also I spoke with Gus De Ribeaux yesterday and explained that this matter would not prevent the submittal, review, and processing of the final plat, while Zoning issues correspondence. On Jan 20, 2016, at 6:31 AM, Mendez, Victoria <VMendez rz,mialnigov.com> wrote: Enrique. Is this resolved?? Victoria Mendez, City Attorney Board Certified, City, County and Local Government City of Miami Office of the City Attorney Telephone: 305-416-1832 Facsimile: 305-416-1801 vi ctoriam end ez@miami goy. cone Assistant: Marta Gomez (305) 416-1844 On Jan 19, 2016, at 4:01 PM, Pousada, Enrique <epousada{ miamigov.com> wrote: Submitted into the public record for item(s) i�N.4�=3 on Q9 QS 2U16 City Clerk 2 Mr. Ribeaux, as a follow up to our telephone conversation, Devin Cejas and 1 met Friday evening regarding this matter and he will be issuing correspondence addressing Planning and Zoning condition No. 25 highlighted in yellow below and attached. [cid:image001.png@01 D 14FB3.AA17ECD0] Esteemed regards, Enrique Pousada, PSM Senior Surveyor City of Miami Public Works Department 444 SW 2nd Avenue — 4th Floor Miami, FL 33130 (305) 416-1232 (305) 416-1278 (F) ep ous ad akmi am i gov. com <m ail to : epou s ada@rni arni gov. com> www.miarnigov.corn/publicworks<htt :11www.miami ov.coml ublicworks� Tell us how we are doing. CLICK HERE<https:llwww.survevrnonkey.comlrfTHD8GR5> to complete the Public Works Customer Satisfaction Survey. From: Gus De Ribeaux [rnailto: Gus{7gdrpa.cornj Sent: Tuesday, January 19, 2016 3:26 PM To: Goldberg, Daniel S.; Pousada, Enrique; Cejas, Devin Cc: Javier L. Vazquez; Carlos Tosca; Iglesias, Peter; Mendez, Victoria Subject: RE: Warrant - Battersea Mr. Cejas, As per the below, could you please confirm to Mr. Pousada (and our office) that the warrant is no longer required on his punchlist. Thanks for your help. Gus Deribeaux Gus De Ribeaux, Esq. Law Offices of Gus M. Deribeaux, P.A. 4904 SW 72 Ave. Miami, Florida 33155 (305) 446-7990 (305) 446-4151 facsimile grrs r( gdrpa.com<rnailto:gus@,gdrpa.com> Submitted into the public record for item(s) PH.4 & NA.3 From: Goldberg, Daniel S. [mailto:dgoldberrg(rniarnigov.corn] on 09J08/2016, City Clerk Sent: Friday, January 15, 2016 3:35 PM To: Pousada, Enrique; Cejas, Devin Cc: Gus De Ribeaux; Javier L. Vazquez; Carlos Tosca; Iglesias, Peter; Mendez, Victoria 3 Subject: Re: Warrant Battersea Thought this was resolved. No Warrant for unplatted lands. Any condtiton requiring the same should be eliminated as a matter of law Sent from my iPhone On Jan 14, 2016, at 12:37 PM, Javier L. Vazquez <JVazquez c� bergersingerman.com<mailto:JVazquez(a+bergersingerman.com»] wrote: See below.... please advise From: Gus De Ribeaux [mailto:Gus@g;drpa.com] Sent: Tuesday, January 12, 2016 2:58 PM To: Javier L. Vazquez Cc: Carlos Tosca; Salome Gonzalez; Alvaro Alarcon Subject: Warrant - Battersea Javi, It appears that Enrique Posada still has not removed the Warrant Requirement from his punchlist on the Battersea Plat. As you may remember, he said that he needed something from the zoning administrator telling him to remove that requirement, because they were the ones who initially required it. This is despite the fact that the city attorney has already opined that it does not apply. Can you have the attorney's office direct the zoning administrator to send that email/notification to Mr. Posada so he can remove that requirement? Also, the bond agreement still needs the signature of the city attorney. Thanks, Gus Gus De Ribeaux, Esq. Law Offices of Gus M. Deribeaux, P.A. 4904 SW 72 Ave. Miami, Florida 33155 (305) 446-7990 (305) 446-4151 facsimile gus a@gdrpa.C4rn<inailto:gus@gdrpa.com> <PSC Letter 9-03-2015 BATTERSEA WOODS #11827-A.PDF> <iinage002,jpg> Submitted into the public record for item(s) PH.4 & NA.3 on 09/O8/Z016, City Clerk 4 District 2 Office From: Javier L. Vazquez <JVazquez@bergersingerman.com> Sent: Thursday, February 18, 2016 9:30 AM To: Mendez, Victoria Subject: End of engagement Attachments: scan20160217215355151,pdf; ATT00001,txt My friend, can we make arrangements for -final payment as there are amounts due? By the way,1 would have much preferred to have a conversation with you and to be given the opportunity to send you an end of engagement letter which would have sounded much better but that's water under the bridge. Love ya Submitted into the public record for item(s) PH.4 & NA.3 on 09j08/2O16, City Clerk 1 Iit zxf �ttt�ztti Victoria Mincer. City Attomey February 16, 2016 Samuel E. Poole 111, Esq. Berger Singerrnan, LLP 1450 Brickell Avenue Suite 1900 Miami, Florida 33131 Dear Mr. Poole, Telephone: (305) 416-1800 TeI copier: (305) 416-1801 C-MAIL: i_awfDmiamigov.com Please accept this letter as notice of cancellation of the consultation agreement between Berger Singesman and the City of Miami dated January 12, 2015. Thank you for your assistance in this matter. Sincerely Daniel J. Alfonso City Manager Submitted into the public record for item(s) PH.4 & NA.3 on 09/08/2016, City Clerk OFFJCF Or THE CITY ATTORNEY / 444 5.W. 2nri Avenue, Suiit: g4 5 / Miami, Florida 33130-1910 District 2 Office From: Mendez, Victoria Sent: Thursday, February 18, 2016 8:20 PM To: Javier L. Vazquez Subject: Re: End of engagement Imaginate. I did not sign this. In Ireland ! Victoria Mendez, City Attorney Board Certified, City, County and Local Government City of Miami Office of the City Attorney Telephone: 305-416-1832 Facsimile: 305-41 6-1801 victoriamendez@rniamigov.com Assistant: Marta Gomez (305) 416-1844 On Feb 18, 2016, at 9:30 AM, Javier L. Vazquez<1Vazquez(cr7bergersingerman.com> wrote: My friend, can we make arrangements for final payment as there are amounts due? By the way, I would have much preferred to have a conversation with you and to be given the opportunity to send you an end of engagement letter which would have sounded much better but that's water under the bridge. Love ya <sca n201602172153 55151.pd ff Sent from my iPhone Javi Vazquez, Esq Berger Singennan Submitted into the public record for item(s) PH.4 on 09/08/2016, City Clerk 1 District 2 Office From: Mendez, Victoria Sent: Friday, February 19, 2016 7;26 PM To: Javier L. Vazquez Subject: Re: End of engagement Today Victoria Mendez, City Attorney Board Certified, City, County and Local Government City of Miami Office of the City Attorney Telephone: 305-416-1832 Facsimile: 305-416-1801 victoriamendez@miarnigov.com miaznigov.com Assistant: Marta Gomez (305) 416-1844 x On Feb 19, 2016, at 7:34 AM, Javier L. Vazquez <JVazquez rz,bergersingerran.com> wrote: When do you return From: Mendez, Victoria [mailto:VMendezmiamigov.corn3 Sent: Thursday, February 18, 2016 8:20 PM To: Javier L. Vazquez Subject: Re: End of engagement Imaginate. I did not sign this. In Ireland Victoria Mendez, City Attorney Board Certified, City, County and Local Government City of Miami Office of the City Attorney Telephone: 305-416-1832 Facsimile: 305-416-1801 victoriamendez@miamigov.com Assistant: Marta Gomez (305) 416-1844 On Feb 18, 2016, at 9:30 AM, Javier L. Vazquez<JVazquez{7a.bergersingerman,com> wrote: My friend, can we make arrangements for final payment as there are amounts due? By the way, I would have much preferred to have a conversation with you and to be given the opportunity to send you an end of engagement letter which would have sounded much better but that's water under the bridge. Love ya <s can2 0160217 215 3 5 5151.p df5 Submitted into the public record for item(s) PH.4 & NA.3 on 09/08/2016, City Clerk Sent from my iPhone Javi Vazquez, Esq Berger Singerman Submitted into the public record for items) PH,4 & NA.3 on 09/08/2016, City Clerk District 2 Office From: Paul S Figg <PFigg@bergersingerman.com> Sent: Wednesday, August 10, 2016 4:10 PM To: Javier L. Vazquez; Mendez, Victoria Cc: Carlos Tosca (carlos@toscarealestate.com); Gus De Ribeaux Subject: RE: Palmlcorp Battersea Attachments: Memorandum of Law re. Applicability of the Warrant Requirement to Battersea Woods Plat.Pt7F Importance: High Vicky, please use the attached. There was a typo in the version sent previously by Javi. Thanks! From: Javier L. Vazquez Sent: Wednesday, August 10, 2016 3:56 PM To: Mendez, Victoria Cc: Paul S Figg; Carlos Tosca (carlos@toscarealestate.com); Gus Lie Ribeaux Subject: Palmlcorp Battersea Vicky Attached please find an updated memo from Paul which makes the analysis clear and concise. Please remember I am waiting to hear from you or your assistant regarding your schedule as Paul and I would like to visit with you Thanks and kind regards Javi Javier L. Vazquez 1450 Brickell Avenue I Suite 1900 1 Miami, FL 33131 office: (305) 755-9500 'direct: (305) 714-4378 I fax: (305) 714-4340 en:ail: JVazouez rr.hergersineerman.com website: www.6ergersingerrnan.com doing business in Florida resource: www.flabusinesslaw.com —3 L Please consider the environment before printing this email, This transmission is intended to be delivered only to the named addressee(s) and may contain information that is confidential, proprietary, attorney work - product or attorney -client privileged. If this Information is received by anyone other than the named and intended addressee(s), the recipient should immediately notify the sender by E-MAIL and by telephone at the phone number of the sender listed on the email and obtain instructions as to the disposal of the transmitled material. in no event shall this material be read, used, copied, reproduced, stored or retained by anyone other than the named addressee[), except with the express consent of the sender or the named addressee(s). Thank you. Submitted into the public record for items) PH.4 & NA.3 on 09/08/2O16, City Clerk 1 BERGER SINGER.[..., MEMORANDUM TO: Victoria Mendez, City Attorney CC: Paul S. Figg FROM: Javier Vazquez DATE: August 10, 2016 RE: Battersea Woods Plat - Legal Analysis of Warrant Process Applicability Question Presented: Does the warrant process requirement set forth in Miami 21 Appendix A.3, §3.6.g.1 or any other section of Miami 21 apply to the Battersea Woods Plat (the "Plat")? Executive Summary: Under the plain, unambiguous language of Miami 21, the warrant process does not apply to the platted land as a whole or any portion of the platted Iand. Because the applicable provisions of Miami 21 are clear and unambiguous, the City lacks the authority to interpret the applicable provisions in any other way. Aetna Cas. & Sur. Co. v. Huntington Nat. Bank, 609 So, 2d 1315, 1317 (Fla. 1992). Facts: The property at issue (the "Property"), otherwise known as the Plat, falls within the Coconut Grove Neighborhood Conservation District (NCD-3). The Property is comprised of 3 parcels of land identified by folio number: 01-4129-000-0210 ("Parcel A"); 0I-4129-024-0251 ("Parcel B") and 01-4129-024-0241 ("Parcel C"). As per the official Miami 21 Zoning Atlas, the Property is in the T3-R zoning transect and subject to NCD-3 designation. Parcel A is approximately 43,996 sq. ft. of unplatted land. Parcel B is approximately 650 sq. ft. in area and is a portion of Lot 18 of Block 2 of Coconut Grove Manor ("Lot 18"). Parcel C is approximately 2,398 sq. ft. in area and is a portion of Lot 19 of Block 2 of Coconut Grove Manor ("Lot 19"). Parcels B and C are in the City of Miami. The majority of Lots 18 and 19 are in the City of Coral Gables. Coconut Grove Manor subdivision was platted in 1925. The plat was approved by the City of Coral Gables and the City of Coconut Grove. In 1931, the City of Miami subsumed the City of Coconut Grove and Parcels B and C were annexed into the City. An a lys is: Miarni 21 ("M21") was adopted on October 22, 2009 as the City's new zoning code, M21 §2.2.1.3 provides that M21 applies to aI] Iands within the area of the City of Miami. M21 includes Articles I through IX and Appendices A through H. Appendix A applies to Submitted into the public record for item(s) PH.4 & NA.3 7281984-6 on 09/08/2016, City Clerk Neighborhood Conservation Districts, and Appendix A.3 applies specifically to the Coconut Grove Neighborhood Conservation District NCD-3. Appendix A.3, §3.6.g.1 states: Wherever an existing single-family residence or Iawful accessory building(s) or structure(s) 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 courts, walls, and fences or other at grade or above ground improvements. No building sites in existence prior to September 24, 2005 shall be diminished in size except by Warrant, subject to the criteria specified in Article 4, Table 12 Design Review Criteria. The clear intent of §3.6.g.1 is to provide an additional review process to subdivide and develop already platted lots or portions of Iots that have been combined to form a single building site which includes an existing single-family residence or lawful accessory buildings or structures. This clear intent is derived from the unambiguous language of §3.6.g.1. Parcel A is unplatted land. Parcel A cannot trigger the warrant requirement because Parcel A does not meet the definition of platted lots. M21, § 1.2 defines a "Lot" as follows: A Lot is any individual Lot, tract or parcel of land, intended as a single Building site or unit, having an assigned number or numbers, letter or letters, or other name through which it may be identified for development purposes. A Lot may also be any combination of Lots, tracts, parcels or other areas of land established by acceptable legal joinder, delineated by a closed boundary and assigned a number, letter or other name through which it may be identified, intended as a single unit for development purposes. Under this definition, there are two possible ways for a piece of property to be a lot, but both ways require that the property be assigned a "number or numbers, letter or letters, or other name through which it may be identified for development purposes." Parcel A was not assigned any such identifier for development purposes prior to being included in the Plat. Parcel A remained defined only by metes and bounds. The Property has an address, Tax ID number, and legal description, but none of these identifiers were assigned for development purposes. Properties are assigned addresses for mail delivery purposes. Properties are assigned Tax ID numbers for tax assessment and collection purposes. Properties are assigned legal descriptions for the purpose of conveying interests in the land, like deeds, easements and leases. In fact, platting is the process through which a property is subdivided and assigned specific identifiers for development purposes, Chapter 55 of the City Code of Ordinances (the "Code") governs platting: "The intent of this chapter is to regulate the subdivision, or resubdivision, of land within the corporate limits of the city, and to aid in the coordination of land development in the community in accordance with orderly physical patterns, and to implement such other regulations and other measures as may have been or may Submitted into the public 2 record for item(s) PH.4 & NA.3 7281984-6 on 09/08/2016, City Clerk hereafter be adopted..." §55-2, Code. (emphasis added). Part of the platting process is the assignment of identifiers for each lot in a subdivision. See §55-8(c)(12), Code. Because Parcel A has not been assigned an identifier for development purposes, it cannot be a lot or comprised of lots or portions thereof. In addition to the foregoing, for the warrant process to be triggered, there must be a building site formed by the aggregation of one or more lots. Appendix A.3, § 3.6.c states: For the purpose of this section, a building site shall be defined as one or more Iots or portions of lots that are aggregated to farm a single family residential site including vacant lots and all permissible accessory uses and structures. Building sites shall not include any portions of land under a different zoning transect. Because Parcel A cannot be a lot, it cannot constitute a building site. See Appendix A.3, §3.6.c ("...as one or more lots or portions of lots that are aggregated to form a single family residential site..."). Because Parcel A is not a lot, the City cannot look to Parcel A to find a "single family residential site" to aggregate with Parcels B and C to trigger the warrant requirement. Parcels A, B and C cannot be aggregated to form a /of to trigger the warrant requirement either. These Parcels were never combined in a manner that "was established by acceptable legal joinder." Furthermore, these Parcels were never "assigned a number, letter or other name through which it may be identified" as a single building site. Therefore, the Property cannot constitute a single tat and cannot trigger the warrant requirement under §3.6.g.1. Because Parcel A is not a lot, as defined in M21, the warrant process can only apply if the Parcels B and C were aggregated to form a building site without looking to Parcel A. To be clear, in interpreting whether Parcels B and C trigger the warrant process pursuant to §3.6.g.I, the analysis cannot look beyond Parcels 13 and C at Lots 18 and 19 because they are outside of the City's corporate boundaries. Appendix A.3, §3.6.c makes clear that building sites do not include "portions of land under a different zoning transect." With the exception of Parcels B and C, Lots 18 and 19 are not under any zoning transect cognizable in M21. The City has no power to regulate extraterritorially. Parcels 13 and C were never aggregated prior to seeking approval of the Plat, and in such case, the aggregation was to form multiple building sites. Parcels B and C were carved out of Lots 18 and 19 in 2013. Parcels B and C were never combined in a manner that "was established by acceptable legal joinder." Furthermore, Parcels B and C were never "assigned a number, letter or other name through which it may be identified" as a single building site. Even if either of these conditions were met, Parcels B and C could not trigger the warrant requirement because they do not contain an "existing single-family residence or lawful accessory building(s) or structure(s)" as required by §3.6.g.1. In addition to the foregoing, at the time that Parcels B and C were carved out of Lots 18 and 19, there is no circumstance under which these parcels could have constituted a building site, because they could not have been developed as a single family residential site under the prevailing zoning code — M21. 3 7281984.6 Submitted into the public record for item(s) PH.4 & NA.3 on o9 {]8 2ofi City Clerk In summary, Parcel A is not a lot, and therefore cannot be a building site, so the inclusion of Parcel A within the Plat cannot trigger the warrant requirement. Parcels B and C, individually and combined, are not lots, because: 1. they were never intended as a single Building site; 2. never assigned a "number or numbers, letter or letters, or other name for ... development purposes; 3. do not contain an "existing single-family residence or lawful accessory building(s) or structure(s)"; and 4. could not have constituted a building site under the prevailing NCD-3 zoning. The entirety of Lots 18 and 19 cannot be considered in determining whether the warrant process is triggered because they are outside the City's corporate boundaries. As a result, Parcels B and C cannot trigger the warrant requirement. There is no way to combine Parcels A, B and C to trigger the warrant requirement. 4 7281984-6 Submitted into the public record for item(s) PH.4 & NA.3 on 09/08/2016, City Clerk