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Home My WebLink AboutSubmittal-Commissioner Ken Russell-Back-Up Documents RE Battersea Woods & Victoria MendezDistrict 2 Office From. Cabrisas, Kathryn <KCabrisas@miamigov.comy Sent: Monday, September 14, 2015 5;06 AM To: snuin@mgvera.com; tanyconsulting@aol.com Cc: Pausada, Enrique Subject: BATTERSEA WOODS Attachments: Plat and Street Committee contact list.pdf; BATTERSEA WOODS.pdf Good Morning all, Please view the tentative Plat tetter for Battersea Woods from the Plat and Street Committee meeting on September 3, 2015. Thank you, Katie Cabrzsas Special Proliects Assistant Public Works Department 444 SW 2 Avenue, Srh Floor Mian -i, FL 33130 305-416-1249 KCabrisas@iniamigov.com - vvNV"7.11lialiligov.com/l)ublicworks Submitted into tine ikublic record. For, iternf raj J'[ .1t ter rt t � � � D X2.,1 �u� �� -��witi ��o�►tr� � � ��a�e� - ��f�-� �.oc�m�� 'Uat� � t 5e�,�dp�5 ��aG�� t+��tZ Major Alberto Alberto Jr. Police Department 400 NW 2nd Avenue Miami, FL 33128 305.603.6138 -Ra ul.herbe 00mlami-poliice.org Eduardo (Ed) Santamaria City of Miami, Public Works Director 444 SW 2nd Avenue, 8ih Floor Miami, FL 331.30 305-416.1200 Leonard Maxwell -Newbold Comcast 2501 SW 145 Avenue Miramar, FL 33027 954.44 7.8405 Leonard max� newbnldgcable eameast.com Lt. Seth Edge City of Miami, Fire -Rescue Dept 444 SW 2od Avenue, 101h Floor Miami, FL 33130 305.416.1721 SE 9e!2m amigov cam. Plat and Street Committee Contact List Evelyn Abraham Florida Power & Light 122 SW 311 Street Miami, FL 33130 345.377.6108 Evelvn,M.Abraharn@fvl.com Luis Torres City of Miami, Building Department 444 SW 2nd Avenue, 4th Floor Miami, FL 33130 305.416.1195 L10rresl1lg2M1am4ov cam Leonard Helmers, PE IV City of Miami, Public Works Dept 444 SW 2nd Avenue, $°h Flexor Miami, FL 33130 305.416.1221 >'ihelmers�amlami. ov cam Rafael Suarez -Rivas City of Miami, Law Department 444 SW 2"11 Avenue, 9`d Floor Miami, FL 33130 305.416.1851 AQv_irke(&mia02iaov.com Juvenal Santana, City of Miami Public Works Assistant Director 444 SW 21" Avenue, 80° Floor Miami, FL 33130 305.416.1218 `santanaCa)miamiaflv.com Betty Diaz, Admin Mgr Construction & Engrg AT&T Florida for: Belisouth 9101 SW 24 Street Miami, FL 33165 (305) 222-8248 bd6987(6fm.att.com Hermes Diaz, PE Chief Civil City of Miami, Public Warks Dept 444 SW 2`" Avenue, Bth Floor Miami, FL 33130 305.416.1.047 hdiaz miamioov.com Diana Agudelo City of Miami, Planning & Zoning Dept 444 5W 2' Avenue, 4't' Floor Miami, FL 33130 305,416,1486 A udelo2mlamia©v.com Devin Cejas City of Miami, Planning & Zoning Dept, Jacqueline Ellis / Luiz Vicentinl Mark D. Caldwell 444 SW 2nd Avenue, 4th Floor City of Miami, Planning & Zoning Dept SPRINT Communication Miami, FL 33130 444 SW 2nd Avenue, 34 Floor National Field Operations 305.416.1488 Miami, FL 33130 851 Trafalgar Court, Suite 300 Acus@miamioov turn 305.416.1446 / 305,416.1408 JEtlis{ei3miamigoV cam Maitland, FL 32751 (321)280-7178 / (321)287.9942 Vi entinl miami ay.co rnark.d&ald�lnt.com Angel Quant Regional Operations Manager TECO GAS 5101 NW 21sT Avenue, Suite 460 Ft. Lauderdale, FL 33309 954.453.0805 Sergio Garcia Miami -Dade Water & Sewer 3071 SW 381h Avenue Miami, FL 33146 786.268.5214 GA RSG RSGRGQrniamidadeoov Ivan Rodriguez Miami -Dade County Public Schools 1450 NE 2nd Avenue, Room 525 Miami, FL 331.32 305.995,7285 Craig Petrie / PEA, Inc For: AT&T 6000 Metro West Blvd., Suite 201 Orlando, FL 32835-7631 407.578,8000 Nicole Gumbs Florida Department of Health Vanessa Acosta Mlaml-Dade County City of Miami, NET Office 11805 SW 26 Street, Room 120 151 NW 27 Avenue Miami, FL 33175 Miami, FL 33125 (786) 315-2455 305.416.2089 Nicole.Gumbs@fiheafth.gov atifez miaMigov com Kevin Kirwin Director, Parks and Recreation .Dept. 444 SW 2nd Avenue, 8th Floor Miami, FL 33130 (305)416-1320 i in miara av co Vivian G. Villaamll, Director Miami -Dade County Public Schools 1450 NE 2nd Avenue, Room 525 Miami, FL 33132 305.995.7287 Wylllaa rr! iI Cada deschools. net Mario F. Nufiez City of Miami, Solid Waste Dept 1290 NW 20 Street Miami, FL, 33142 (305)960-2804 mfn�iamfooy,sam Collin Worth Capital Improvements & Transport 444 SW 2nd Avenue, 8th Floor Miami, FL 33130 305,416.1092 / 305.416.1022 Q20rth@)Uf . ioOv r r Submitted into the public record for item(s) pH.4 & NA,3 on D9 0$ 2016 City Cleric IV'11-Y 0f Sepiern.ber 11, 2015 Battersea Woods LLC 4904 SW 72 Avenue Miami, FL 33155 DANML 1. ALFONSO 0b, Manager BATTERSEA w'vo1)S TENTATIVE PLAT #1827-A FIRST RESUBMITTAL LOCATED ALONG THE SOUTP 5.1DE OF BATTERSEA ROAD AND ORALONG TIIE T WSTERL7' S DE OF INGIt HAA�I IHIGIILf,�A' Ladies and Gentlemen: T11e City of Miami Plat and Street Committee, at its meeting of September 3, 2415 approved tlhe above tentative plat subject to the following revisions being made to the tentative plat, additional information being provided andlor variances being granted, Please be advised that t11e processing of your tentative plat cannot proceed until. these conditions have been satisfied: I. 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 n1et1.1od. e) Update page 2 of file application. 2. Chi the Location Sketch, show correct Subdivision names for the underlying plats. 3. The legal description on the tentative plat trust match the Iegal description on Warrant}, Deed, 4• Show existing Utilities, including underground, within the Right of Way. 5. Provide a copy of the Certified Corner Record. 6. Right of way dedication is required nil 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 frOi11 the Mianhi — 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 IACD -3, including the coral met{ wall and C13s 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 rhre to remain in the right of way. 12. A letter from Comcast is required to determine if any adjustihhents to their facilities or easements are required. 13. Verify with Miami -Dade County tIhat the proposed plat name is acceptable, 14. All encroachments across proposed tracts and/or lot lines must be removed prior to final plat submittal. DEPARTMENT OFpuBuCIVORKS Submitted into the public 444 5W 2P [ Avowc, S'h FJ00r I MIam1, FL 331301(305) 416-1200 /Fax: (305) 416-1278 record for item (s) PH.4 & NA.3 Mailing Address: P.O. Box 330708 Miami,, FL 33293-07013 on Sl2t]13 Zt}1fi City Clerk BATTERSEA WOODS - TENTATIVEPLAT #1827 —A (FIRST RESUBMnTAL) Septeinber 11, 2015 Page 2 of 3 15. An Opinion of Title, in the City of Miami Opinion of Title fonn, must be provided at the time of the final plat submittal. 16. Curl-ent backup documentation will be required for all 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 Miarni Plat and Street Committee. 18. Be advised that an incomplete final plat package will not be accepted by the City of Miami. It is flre 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 oil 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 ZONTES, NCD-3 NEIGHBORHOOD CONSERVATION DISTRICT under current Miami 21 Code, and aDdS Minimum Lot Size OverlaDistrict. Under same item, remove NCD-3 and T3-R requirements. 22. In tl.re Developrr.rent Information data, add "Proposed Development: One (I) fanuly residence on each lot % 23. Change fire "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 tile Surveyor's Notes, add "Miami 21 Code". 25. The proposed tentative plat does not satisfy the urtent of SD-182.1 which requires a minimum of ten thousand (10,000) square feet of lot area and a minimum lot width of one 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 Miami Planning and Zoning Department. 2,6. The tentative plat must comply with Miami 21 Code, Appendix "A", NCD Districts, Section 3.6 and 3.6 (a). 27. Provide an 1 I" x 17" PDF of ilia tentative plat to the Planning and ,Zoning Department. 28. Remove "concrete pavement" frr+rrr the legend. 29. Provide a concrete landing for fire bus stop on Ingraham Highway. I.n addition to the above requirements, you should be aware of the following: I. State and local laws require the installation of various physical improvements in the public rights-of-way When prope11Y is platted. These subdivision improvenrents include pairing, drainage, landscaping, sidewalks, etc. In some cases this could represent a substantial investment ori your part. REQUIRED: The submission of an electronic copy of the tentative plat, in an AutoCAD version, to the Cite of Miami Public Works Department, Roadway Plans Section grill EXPEDITE the preparation and enhance the ACCURACY of the subdivision improvement letter required for the final plat approval. 2. Tire 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 ori tlae property being platted until tire inial 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 01113, 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 0910812016, City Clerk BATMRSEA WOODS -TENTATIVE PLAT #f 1827 -A (FIRST RESUBMITTAL) 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 starling and completion dates at the time of issuance of permits. The contractor/developer may coordinate the notification of residents with the local City 4f Miami NET Service Center. 6. Additional items must be provided to Vie City of Miami Department of Public Works before the ficial 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 Ole bond has been determined for die necessary subdivision improvements. It is required that the applicant contacts the Cil' of Miami Public Works Survey Section to verify that all filial plat submittal documents are complete REj2r to final plat submittal. 7. Tentative plat approval is only valid for one (l) year and six (b) 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. Muar o (Fri) San.tannaria, P.E., CGC Direct r of Public Works ESl�kc lilt 15 Enclosure: Contact Sheet c: Maliuel G. Vera and Associates Inc. 13960 SW 47 StTeet .Miami, FE 33175 Plat and Street Committee Members Tlzeribe Ihelcwaba, Ph.D., P.E., Assistant City Manager/Chief of Operations Survey Development and Roadway Plans Central Submitted into the public record for items) 11ti.4 & NA.3 on Q9 0$ 2o16, City Clerk District 2 Office From: Stanton, Pamela <PStanton@miamigov.com? Sent: Friday, October 02, 201512.21 PM To: Salome Gonzalez Cc. Carlos E, Sosa; Carlos Senior Sosa; Alvaro Alarcon; Ellis, Jacqueline; 'Tony Toledo'; Cejas, Devin Subject: RE; Battersea Woods - City of Miami T -Plat 1827 Attachments: Battersea Woods 4384 Ingraham 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 - wwva.mlaml21.org From: Salome Gonzalez [maifto:salome@gdrpa.com} Sent: Thursday, October 01, 2015 5:08 PM To: Stanton, Pamela Cc: Carlos E. Sosa; Carlos Senior Sosa; Alvaro A la rcon; 'Tony Toledo' Subject: Battersea Woods - City of Miami T -Plat 1.827 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. I also wanted to see whether I 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) PHA & NA.3 on PgLQU2016, City Clerk Pamela Stanton, RLA Zoning Pians Processor r Planning & Zoning Dept. C``'`' �3 City of Miami ��" Telephone: 305-41.6-2643 Facsimile: 305-41.6-1490 stantan miami ov.ccrm wwva.mlaml21.org From: Salome Gonzalez [maifto:salome@gdrpa.com} Sent: Thursday, October 01, 2015 5:08 PM To: Stanton, Pamela Cc: Carlos E. Sosa; Carlos Senior Sosa; Alvaro A la rcon; 'Tony Toledo' Subject: Battersea Woods - City of Miami T -Plat 1.827 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. I also wanted to see whether I 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) PHA & NA.3 on PgLQU2016, 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 Gon76le2 Closing Coordinator Law Offices of Gustavo M. Deribeaux, P.A. 4904 SW 72nd Avenue I Miami, FL 33155 Phone: 3015-446-7990 Ext. 2061 Fax: 305-446-41511 salome@gdrpa.com This communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act [18 USC 2510] and is intended to be received and read only by certaln 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 byothers 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. Submitted into the public record for item(s) PHA & WA.3 on 0910$%2016, City Clerk PRELIMINARY ZONING REVIEW - WARRANT OCTOBER 2, 2475 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 ofthe submitted plans and associated documents to assist in permit applications based on the applicant's modificaVo,RsDf the project 1 flans as required herein. The following comments must be satisfactorily addressed, and the results.previded to the Office of zoning, Please provide written responses to the comments. WARRANT: Pursuant to Appendix A, Section 3.6.(g)(1), lots .and Buildingsites COMMENTS: I. 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 3.6fk)(1). The proper appllcation 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 sof 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 1 Submitted into the public record for item(s) PH.4 & NA.3 on 99&V2016, 2016, City Clerk District Z Office From: Gus De Ribeaux cGus@gdrpa.coma Sent: Wednesday, October 07, 2015 9A4 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 fine only to be told that we may only be able to develop 3 homes, came as quite a shack. 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 3.5.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. No .building sites inexistence priorta 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; 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 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 unpiatted 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). 2. 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 — 9,0007 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; 0n 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 lots 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 SLS -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 3.6(h) of the current code clearly recognizes lots that are under 1.0,000 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 SD -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 .a Submitted into the public record for item(s) PH -4 on 09 0812016, City Clerk Gus De Ribeaux, Esq. Law Offices of Gus M. Deribeaux, P.A. 4904 SW 72 Ave. Miami, Florida 33155 (305) 445-7990 (305) 446-4151 facsimile us dr a.com From: Stanton, Pamela [mailto:PStanton@miamigov.com] 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 2:00p.m. Please confirm as soon as possible so that our calendars can be scheduled, Thank you. Regards - FT"M7. WWW.miam!21.org From: Salome Gonzalez mailto:salorne dr acorn] Sent: Friday, October 02, 2D15 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. Submitted into the public record for item(s) PHA & NA.3 on 09 08 202fi City Clerk Pamela Stanton, RLA Zoning Plans Processor Planning & Zoning Dept. ws City of Miami Telephone: 305-415-2643 Facsimile* 305-416-1490 psta nton P m la m igoy, com FT"M7. WWW.miam!21.org From: Salome Gonzalez mailto:salorne dr acorn] Sent: Friday, October 02, 2D15 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. Submitted into the public record for item(s) PHA & NA.3 on 09 08 202fi City Clerk Thank you, Salome Gonzalez Closing Coordinator Law Offices of Gustavo M. Deribeaux, P.A. 49014 SW 72nd Avenue I Miami, FL 33165 Phone: 305-446-7990 Ext. 2061 Fax: 305-446-41511 salome@gLrpa.com This communication constitutes an electronic communlcation within the meaning of the Electronic Communications Privacy Act i18 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 byothers is strictly prohibited. If It has been misdirected, or if you suspect you have received thls in error, please notify me by replying and then delete both the message and reply. 'thank you. APiease consider the envPronment before printing. From; Stanton, Pamela [ma ilto,PSt,antongmiamigov,com] Sent: Friday, October 02, 2015 12:21 PM To: Salome Gonzalez Cc: Carlos E. Sosa; Carlos Senior Sosa; 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 - www.miami21.or_ From: Salome Gonzalez mailto:salome dr a.com] Sent: Thursday, October 01, 2015 5:08 PM To: Stanton, Pamela Cc: Carlos E. Sosa; Carlos Senior Sosa; Alvaro Alarcon; 'Cony Toledo' Subject: Battersea. Woods -City of Miami T -Plat 1.827 Dear Ms. Stanton, Hope that this email finds you well. Submitted into the public record for item{s} PH.4 & NA.3 on Q9 Q8 2016, City Clerk Pamela Stanton, RLA Zoning Plans Processor - Planning & Zoning Dept. -� �� City of Miami Telephone: 305-416-2.643 Facsimile: 305-416-14901 pstantor4@miarngov.com www.miami21.or_ From: Salome Gonzalez mailto:salome dr a.com] Sent: Thursday, October 01, 2015 5:08 PM To: Stanton, Pamela Cc: Carlos E. Sosa; Carlos Senior Sosa; Alvaro Alarcon; 'Cony Toledo' Subject: Battersea. Woods -City of Miami T -Plat 1.827 Dear Ms. Stanton, Hope that this email finds you well. Submitted into the public record for item{s} PH.4 & NA.3 on Q9 Q8 2016, City Clerk 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 Cade. 1 wanted to touch base with you to determine the status of the same, 1 also 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 wish ng 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 1 Miami, FL 33155 Phone: 305-446-7990 Ext. 2061 Fax: 305-446-41511 salame@gdrpa.com This communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act [18 USC2510) 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. Thankyou. Please consider the environment before prfntinr. Submitted into the public record for item(s) PH.4 & NA.3 on OJ10812016, City Clerk r _; �.�"_l' y_ ':� .•. - � :rf- �T.,... , _ -. _'��'^�---.-+,..err- -.Y+�e , . �`< �. •arL Y ' _ _ i+.�.r.;a ' ...j .a � _..5�.. + of >f 9iY',[ .� Yx �� ..k Y � _ I-• i • ,H ,9 1r .ft IY' l sf A .a--' ��• •1!, i . ! f ; * � �. ; / 'l '�' '. l� � • r � ym r.# .r : r � s .y• •r, �.. _ •xn.rrirrsrrxnw•:r' a � + Y;ur •°'`"`.' rte. '�• w? '+; ] s • m+ ,# n -Y3.• . M rr sac L- i ' r • R s a ' � �rs'a ,fL is ri `LY ]Rl...... •C.r�#i/ddB r r r ,c s x t rr' x+ rr Js i.a s'., ! Yi3�wrl^x� �r=F r•.t .r s }^yam!'' Y .e "• � >Q ._ �' � � ; • � l r • r.. - Y33 Css N~I ii'�' . i m ��. 'a rs . �. - >Nr '-id :.� * � � ✓ � . • r"'��-�� s. h �id+'SJ4 �Y + y � -C,� �s � ��' a� a,��• _,, ~ f w ,, Su.SC3i�s[anf I.iV 5�C.29 5�t.r4.1 ow �+MSYw 1! ni,+F.f,4� � I .1tFn' R.frwr •'v„v.cr. �,(F�y ^oR• '. Mr�dA��rTJ +YYF.�w:{y�� Am+l..r ��L). °{Mew�� Y�,�„G-r'�r-,� .' - �+✓.� Mh. bYwY, frti} k. w ,F•Nw,f nd8f'a.,:! '�' „ • 7 ?.1 w';��y r 29FYy9Y 4.r�rn✓A>w .�.neeir • �• S. �'�w�.'s_"i r�d�.w=wM-+°•W !S>.�.wFQyL, p,� .. N l•'XY—mow ....t Y w.... u.a.�ro'v •'� .:' if..6Pd y}t'+' ! ,M A 1�.+6.yh� Submitted into the public record for item(s) PH.4 & NA,3 on 09/08/2016 City Clerk City of Miami - Zoning Application Page 1 of 2 •11p1!}I��U��U11111Ju{uu�w••-•«..i r 3 �r' 1 t t e s ;r Submitted into the public record for item(s) NA & NA.3 on 09/0812016, city clerk City of Miami - Zoning Application Page ] of 2 yllliiiiii111Lii}JiilCl�lIIl�ilUiE1ti17,�%�►�iF�llJIii3lllJlJifllll)�1i111SilIii�[fL1U1111IlillllllJliR4ilJalflE6ufW y�;,rl+, a 3 ' Submitted into the public record for item(s) PH.4 & NA.3 an 2 OS 2016 City Clerk District 2 Office From: Javier L. Vazquez eJVazquez@bergersingerrnan.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 t.; Paul 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 #avl Vazquez ERGER. SINGERMAN Javier L. Vazquez =_ 1450 Brickell Avenue Suite 1900 Miami FL 33131 office: (345) 755-9500 I direct: (305) 714-4378 l fcz: (305) 714-4340 ITARS, email: J'Vaa ueznber ersin erman.com +bto 1sfilat€trgr3rwcdr website: urV�M?_ber ersin erman.com doing business in Florida resource:www.ftabusinesslaw.com Uc'UPZ 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 thls information is received by anyone other than the named and Intended addressee(s), the recipient should Immediately notify the sender by L -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 addressees), except Wdi the express consent of the sender or the named addressee(s). Thank you. wY Y Y.Y YFRYY Y *Y **.YwwYYwYYY YwYfAiYAt..YYYkYYYYYAYwYYYwAYickRAYwaAYiIAYwY•YYYYYA•A..w•YYYY.Y.***... ...AYYYYA... w... Submitted into the public record for item(s) PH.4 & NA -3 on D910812016 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 <VMendez iami ov.corn> wrote: Victoria Mendez, City Attorney City of Miami On Oct 29, 2015, at 2:15 PM, Quirke, Amanda L. <al uirke niiami ov.coin> 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 he diminished in the NCD3 without a warrant. From: Mendez, Victoria Sent: Saturday, October 24, 2015 12:04 AM To. Quirke, Amanda L. Subject: Fwd: Battersea Caa 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" <JVazauez(a�bereersinEtennan.cola<mailta:Nazouez a,bernersiliaennan.com>' To: "Mendez, Victoria" <VMelidez@inial-iiigov.com<mailto:VMendez c-�niiamigov.coirl>] Cc: "Gus De Ribeaux" <Gus c ,gdrpa.coin<mailto:Gus@drrpa.coln>>, "Carlos Tosca carlos toscarealestate.conkmailto:carlos(ti)toscarealestate.corn> <cap-]os@toscareal estate. com<rnail to: carlo stoscarealestate.com>> Subject: Battersea Submitted into the public Vicky record for item(s) PH.4 & NA.3 on 091081 O16 City Clerk As per our conversation, please see attached, Let's you and I speak before you route this to Ainanda or Rafael. Thanks Javi Javier L. Vazquez 1450 Brickell Avenue Suite 1900 Miami FL 33131 office: (305) 755-9500 direct: (305) 714-4378 I fax; (305) 714-4340 email. • J-Vamug:@—bcrgcrsfngennan.com ( bio website: www.bergersuigerman.com doing business in Florida resource: wmv-flabusinesslaw.con1 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 Ulis information is received by anyone Other than the named and intended addressee(s), the recipient should immediately notify the sendFr by E-MAIL and by telephone at the phone number of the sender listed on the emaif and obtain instructions as to the disposal of the transmitted material. In no event shall this material be read, used, ropled, reproduced, stored or retained by anyone other than the named addressee(s), except with the express consent of the sender or Vie named addressees). Thank you. •�rry.c+•rrM�1*k+#.tAM..r.rrsr}.{.+rr.wr.rapt.*i.rr..rrarri........rratrr s.r.....ar.a. rr*... ea-.....err.�.r+ka;... rw.. <scan2015 102312525409 I .pdf> Submitted into the public record for item(s) PH && NA.3 on qg 08 2016 City Clerk 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 Ribeaux, Paul 5 Figg; Mendez, Victoria Subject:: Re: Battersea Attachments: ima9e0D1 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 Phone Javi 'Vazquez, Esq Berger Singei nan On Oct 30, 2015, at 4:06 PM, Gomez, Marta <MGomezChenGc� iaml a�y.com> wrote: Since Amanda needs to be present at the meeting, I need to reschedule because she will not be in the office. Please Cali me to reschedule for the week of November 9th. Thank you, Marta Marta Gomez Assistant to Victoria Wndez, City Attorney and Legislative Division Super%isor rn,.w Citv of Allain! ^ Office of the Cite Attorney r, Telephone: 305-416-1.844 Facsimile: 305-4I6-1801 mar-ta ornez miaMi oV.Coln Disclaimer: This e-mail is intended only for the Individual(s) or entity(s) named within the message. This e -mall 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 a -mail address, or the contents of the e-mail, released in response to a public records request, do not -^^-I electronic mall to this entity. Instead, contact this office by phone or in writin Submitted into the public record for item(s) PH,4 on 0910812016, City Clerk Please consider the environment before printing this e-mail. From: Javier L. Vazquez f mailto:3VazouezCo)bergersingerman.comJ Sent: Friday, October 30, 2015 4:03 PM To: Mendez, Victoria Cc: Quirke, Amanda L; Gomez, Marta; Gus fie Ribeaux; Paul 5 Figg Subject: Re: Battersea We have a meeting set with you for next week on Wed monling to discuss this matter. My colleague Paul Figg will be joining me as will my client Gus DeRibeaux Sent from my Thone Javi Vazquez, Esq Berger Singerrnan On Oct 30, 2015, at 3:55 PM, Mendez, Victoria <VMen_dez ,miatni oy.> 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 <W4endez@@mianii og _v.colna wrote: Victoria Mendez, City Attorney City of Miami Oat Oct 29, 2015, at 2:15 PM, Quirke, Amanda L. <alquirke[a),mianni og v.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 I2:04 AM To: Quirke, Amanda L. Subject: Fwd: Battersea Can you call Javier in This and see how we can figure out Submitted into the public record for item(s) PH.4 & NA.3 Victoria Mendez, City Attorney on 09/08/2016, City Clerk City of Miami Begin forwarded message: From: "Javier L. Vazquez" <JVaz uez her ersin e3rnan.com<mailto:TVaz ue fiber ersin ennan.com>> To: "Mendez, Victoria" {VMelidez i4miaini oy.com<mailto:VMendea lni ami ov.com>> Cc, "Gus De Ribeaux" Gus d a.com�mailto:Gus d a.com��, "Carlos Tosca carlos tosearealestate,com<mailta:carIos toscare alestate.coina)" <carlos toscarealestate.com<mailto.carlos(2�toscar 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 clavi Javier L. Vazquez 1450 Brickeli AvenueSuite 1900 Miami BL 3313I office: (305) 755-9500 drreeE: (305) 7144378 i fax: (305) 7I4-4340 email- f bio website: ur"N%ber ersin errnan.com doing business in Florida resource: wii� ,Jlabusinesslaw.com Submitted into the public Please consider the environment before printing this email, record for item(s) PH.4 & NA -3 on 0910812016, City Cleric 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-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 materlal. 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. kkAvlklA•e!*fRR}*A4*RR4kN}A**}44H**i*}k4RA4*k*kFkilA►!*kklAAkk!!A!}k!A!A*4lHAiik*Rtkkle*AilkS-lAAAARkRi! !*44**ikk!►lAti <sca 2Q151a2:3125254091..pdf> Submitted into the public record for item(s) Pli.�k� & Na•3 on 49 08 21316 City Clerk District 2 Office From: Mendez, Victoria Seat: Friday, October 30, 2015 4:23 PM To: Gomez, Marta Cc: Quirke, Amanda L.; Gus De Ribeaux; Paul S Figg; Javier L. Vazquez; Goldberg, Daniel S. Subject: Re: Battersea Have goldberg tonne 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 iniami oy.com> 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 <Vazqun0,ber eg rsinggnnan.com> wrote: We have a meeting set with you for next week on Wed morning to discuss this mnatter. My colleague Paul Figg will be joining me as will my client Gus DeRibeaux Sent from. my iPhone Davi Vazquez, Esq Berger Singerman On Oct 30, 2015, at 3:50 PM, Mendez, Victoria <VMendez�rr�,miami og v.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,miwni og v.com> wrote: Victoria Mendez, City Attorney City of Miami Submitted into the public Can Oct 29, 2015, at 2:15 PM, Quirke, Amanda L. record for item(s) PHA & NA.3 <alq_uirke@miamnigov.com> wrote: on 09/08/2016 City Clerk 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 ]2:04 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" �JVaz uez ber ersin e��nan.com� mailto:JVaz uez laer ersin ea7nan. corn>> To: "Mendez, Victoria" <.VMendez niami ov.com<mailto: VMendezi' mia2nigoy.coin» Cc: "Gus De Ribeaux" <Gus drya.com<mailto:Gus drdr axom>>, "Carlos Tosca carlos tosearealestate.com<mailto: Dartos toscarealestate,com5)" {carlos tosearealestate.com<maiIto :carlos toscarealestate.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 Submitted into the public record for item(s} PH.4 & NA.3 Java on 09104/2016, City Clerk Javier L. Vazquez 1450 Srickell Avenue f Suite 1900 Miami FL 33131 office: (305) 755-9500 1 direct: (305) 714-4378 If= (305) 714-4340 email: azougQbergersin german.com I bs❑ website: 31 bereersffi errnan.corn doing business in Florida resource: wrw.flabusinesslaw.conx 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 confiidenlial, proprietary, attorney work -product or attomey-client privileged. If 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 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. ! R!}!!A!t RNRleRInt.1Ylk}}}klkAw A AAY.k}+Awl#.}# lNw..ww..... ..}.!.!.Nike. •#!!Ri# Ak}#kR.r}l.kNN+k!!!i.#.Ree!}A <sca. 20151 Q23125254091.pdf5 Submitted into the public record for items) FHA ori 09/08 2.716 city Clerk District 2 Office From: Sent: To: Cc: Subject Yes. -Working on it. Victoria Mendez, City Attorney City of Miami Mendez, Victoria Wednesday, November 11, 2015 4:50 PM Javier L. Vazquez Goldberg, Daniel S.; Quirke, Amanda L Re: Warrant Battersea Woods - City of Miami T -Plat 1827 On Nov 10, 2015, at 6:29 PM, Javier L. Vazquez <JVazpuez@ber�ersin�erman.coma wrote: Sent from my iPhone Javi Vazquez, Esq Berger Singerman Begin forwarded message: From: "Ellis, Jacqueline" t1El##s miami ov.com> Date: November 10, 2015 at 6:17:30 PM EST To: Alvaro Alarcon <AAiarcon almcor Ilc.com>, "Javier L. Vazquez" �JVazpuez@ber�ersin erman.com� Subject: RE: Warrant Battersea Woods - City of Miami T -Plat 1827 Good afternoon Alvaro and Javier, Thursda,y'smeeting at 10.'00 a.m. is canceled until I 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 bay. Thank you for your time, Jacqueline Jacqueline Ellis Planner 11 W = Planning & Zoning Dept, City of Miami Telephone: 305-41.6-1446 'eflis miami ovxom Submitted into the public record for item(s) RH.4 & NA.3 on U9 [i$ 2{}16 City Clerk District 2 Office From: Javier L. Vazquez <JVazquez@bergersingerman.coma Sent: Monday, November 16, ?615 3:16 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 lavi I3ERGER SINGEF ANT Javier L. Vazquez - 1450 Brickell Avenue ( Suite 1966 Miami FL 33131 „ office: (365) 755-9500 + direct: (305) 7144378 ]far: (305) 714.4340 ITARS� email. Nazouez )bergersin erman.coin + bio j ward %V11b f rnumd, Website: W w.ber ersin erman.com doing business in Florida resource: tuvrkw.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 attomey-client privileged, if this information is received by anyone other than the named and intended addressee(s1, 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 Man the named addressee(s), except with the express consent of the sender or the named addressees). Thank you. •wrw•r+wkr.♦r•+rwrrw.•wr..wr»w+r.wR+rerrrr.w.+,.+ss++.rww•rr.+w,.++.rr+rrr.wrrw.+.waa.r..+aw++r+r+rwr+•war+r+rr.ww•ra..++. Submitted into the public record for item(s) PH && lNA.3 on 09LoJ 2016, City Clerk Submitted into the public record for item(s) PH -4 & NA -3 on QaLQ ?-016, City Clerk District 2 Office From: Goldberg, Daniel S. Sent: Friday, Novernber20, 2015 2:48 PM To: jvazquez@bergersinrgerman.com Cc: Mendez, Victoria; Min, 6arnaby; Quirke, Amanda L.; Ellis, Jacqueline; Brimc, 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 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 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 said 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 IVCD -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 OMce of the City Attorney Telephone: 305-416-1859 Facsimile: 305-4161801 dgold ierg rniamigoy.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 U.S.C. section 2514-2521. 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 law, e-mail addresses and the contents of the e-mail are public retards. If you do not want your a -mall 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. District 2 Office From: Javier L Vazquez <JVazquez@ber9ersin9erman.com> Sent: Friday, November 20, 2015 3:19 PM To: Goldberg, Daniel S. Cc: Mendez, Victoria; Min, Barnaby; Quirke, Amanda L.; His, Jacqueline; Brimo, Christopher; Cejas, Devin Subject: Re. Warrant requirement for unplatted 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. <A oldberg@miami ov.com> 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 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 least one ether 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 C City of Miami office of the City Attorney Telephone. 305-416-1859 Submitted into the public Facsimile: 305-416-1801 record for item(s) PH -4 & NA•3 dgDlcfberg@rniamigov.com on 09OS 2016 City Clerk 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 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 a -mail, Submitted into the public record for item(s) PW -4 & NA.3 on 09108/2016. City Clerk Submitted into the public record for item(s) PH.4 & NA -3 on 99 D8 20116 City Clerk District 2 office From: Goldberg, Daniel S. Sent: Tuesday, January 05, 2016 4:14 PM To: Pousada, Enrique; Cejas, Devin Cc: Mendez, Victoria Subject: FW: Warrant requirement for unplatted lands in NCD -3 Devin, See below. Thought we had put this one to rest. Warrant isn't needed for unplatted lands. Daniel S. Goldberg, Assistant City Attorney t„ City of Miami Office of the City Attorney *R �' Telephone: 305-416-1859 Facsimile: 305-416-1801 dgaldberg@rniamigov.corn 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 retrained 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 relationshlp 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. a -mall. 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, 3acqueline; 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 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 or lawful accessary 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 far 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 re;plat partially platted land and partially unplatted land. As your Battersea t -plat is only unplatted lands, a Warrant is not required. Thank you. Daniei S. Goldberg, Assistant City Attorney City of Miami Office of the City Attorney `telephone. 305-416-1859 Facsimile: 305-415-28a1 dp�o Id berg @ m lam ieay.eom Assistant: Aida Garcia (305) 416-1815 Disclaimer. This e-mail is intended only for the individual(s) or entity($) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client ar 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 prohlb€ted 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 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. Please consider the environment before printing this a -mail. Submitted into the public record for item(s) PH.4 & NA.3 on 09 0812416. City Clerk District 2 Office From: Javier !_, Vazquez <JVazquez@bergersin9ermanxom> Sent: Wednesday, January 20, 2015 7:21 AM To: Mendez, Victoria Subject: Re: Warrant - Battersea Ican't believe we are still having this conversation Sent from my iPhone Javi Vazquez, Esq Berger Singerman Can Jan 20, 2016, at 5:31 AM, Mendez, Victoria < wrote: Enrique. Is this resolved?? Victoria Mendez, City Attorney Board Certified, City, County and Local Government y� City of Miami Office of the City Attorney Telephone: 305-416-1832 Facsimile: 305-415-1801 victoriameiidez@miamigov.com Assistant: Marta Gomez 305 416-1844 On Jan 19, 2016, at 4:01 PM, Pousada, Enrique <epousada(@,mia1nigovcom> 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@7a 0ID14FB3.AA17ECI30] 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) Submitted into the public record for item(s) FH -4 & NA -3 an 09 D$ 2015 City Clerk ausada(a7giiamig`ov.carn<maiI_t_o:Mousada@niiamigoy.con7> www.mi ami gov. coin/piiblieworks<httn: //www.mianiigov. cans/publiem,orks> Tell us how we are doing. CLICK HEREey.comlrlTHD8GR5> to complete the Public Works Customer Satisfaction Survey. From: %us De Ribeaux mailta: Gusd a.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 — v&, Cej as, 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 PS )Sdtpa.cozn<mailto: s d a.com> From: Goldberg, Daniel S. [mailtQd olg_ dbergQmiain%og ,coixnj 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, 2416, at 12.:37 PM, Javier L, Vazquez ,JVaz uez ber ersin eiman. com<inailto:JVaz uez ber ersinennan.com>3 wrote: See below.. -please advise Franc: Gus De Ribeaux [mailto:Gus Lgdtpa.coTn] Sent: Tuesday, January 12, 2016 2:58 PM Submitted into the public To: Javier L. Vazquez record for items} PH.4 & NA.3 Cc: Carlos Tosca; Salome Gonzalez; Alvaro Alarcon on 92 O8 2o16, City Clerk Subject: Warrant - Battersea favi, 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 emaillnotification 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 (3 05) 446-4151 facsimile gu spa, �dzp a. com<lnailto : gu s @gdm a. comp <PSC Letter 9-03-2015 BATTERSEA WOODS ##1827-A.PDF> <image002. jpg> Submitted into the public record for item(s) PHA & NA.3 on 09/08/2016, City Clerk Submitted into the public record for item(s) LH.4 && NA,3 on 091D8L2016 City Clerk District 2 Office From: Mendez, Victoria Sent: Wednesday, January 20, 2016 7:24 AM To: Javier L. Vazquez Subject: Re: Warrant - Battersea Invaginate Victoria Mendez,, City Attorney Board Certified, City, County and Local Government 0 r City of Miami office of the City Attorney Telephone: 305-416-1832 Facsimile: 305-416-1801 victoriaineiidez iaini ay.com Assistant: Marta Gomez 30 416-1844 on Jan 20, 2016, at 7:20 AM, Javier L. Vazquez an,com> wrote: I can't believe we are still having this conversation sent from any iPhone J avi Vazquez, Esq Berger Singerinan On Jan 20, 2016, at 6:31 AM, Mendez, Victoria <VNlend—ez@miami og v.corn] wrote: Enrique. is this resolved?? Victoria Mendez, City Attorney Board Certified, City, County and Local Government x-- City of Miami office of the City Attorney Telephone: 305-416-1832 Facsimile: _305-416-1801 victoriainendez(@'niazni ov.coni .Assistant- Marta Gomer 305 416-1844 on Jan 19, 2016, at 4:01 PM, Pousada, Enrique <e ousada mialni ov.cam> wrote: Mr. Pibeaux, as a follow up to our telephone conversation, Devin Cejas and I met Fridayevening 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@OID I4FB3.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) e ousada miarni ov.corn�rrrailto:epousadamiamiov.com www.mianri ov.comf ublieworksdrtt ;llwww.miami ov.cornJ ub lieworks> Tell us how we are doing. CLICK HEREke .cornlrlTHD8GR5> to complete the Public Works Customer Satisfaction Survey. Fron-1: Gus De Ribeaux [i3railto:Gus _zgddma.com] Sent: Tuesday, January 19, 2016 3,26 PM To: Goldberg, Daniel S.; Pousada, Eruique; Cejas, Devin Cc: Javier L, Vazquez; Carlos Tosca; Iglesias, Peter; Mendez, Victoria Subject: RE: Warrant - Battersea Mr. Cei as, 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) 446-79.90 (305) 446-4151 facsimile 9 Lls d a.corn<mailto: s d axom> Submitted into the public record for item(s) PH.4 & NA.3 on g5ljgL2016, City Clerk From: Goldberg, Daniel S. [mailto:d oldberg niar ii ov�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 he eliminated as a matter of law Sent frorn my iPhone Can Jan 14, 2016, at 12:37 PM, Javier L, Vazquez CJVazquezaber eg rsingemian.coria{znai_lto:JVazouez(�ber ersing_e nnan.com>> Wrote: See below....please advise From: Gus De Ribeaux [mailto:Gus@gdMa.com] Sent: Tuesday, January 12, 2016 2:58 PM To: Javier L. Vazquez Cc: Carlos Tosca; Salom6 Gonzalez; Alvaro AIarcon Subject: Warrant - Battersea Javi, It appears that Enrique Posada still has not removed the Warrant Requirement from 1 -is 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@p,drpa.com<nlaiIto: s dt a.com> Submitted into the public record for item(s) pH.4 & NA.3 on 92&8L201,6 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 Q9 (} 2Q16 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? Tbx. Victoria Wndez, City Attorney Board Certified, City, County and Local Covertunent X - City of Miami Office of the Cit Attorney Telephone: 305-416-1832 FacsllIIlle: 305-416-1801 victoriamendez C miami ovxom Assistant: Marta Gomez(305) 416-]844 Submitted into the public record for item(s) PHA & NA.3 on 091f}8J 2016, 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; Santarnaria, 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 uta -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 425. Thank you and best regards, Devin Cejas Acting Zoning Administrator Planning and Zoning Department rY,tir31 City of Miami 305416-1488 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 S. <dgoidberg@miamigov.com>; Cejas, Devin <DCejas@miamigov.com>; Javier L. Vazquez <JVazquez@bergersingerman.com>; Carlos Tosca <carlos@toscarealestate.com>; Iglesias, Peter <Plglesias@mlarralgov.com>; Fiore, Antonio tafiore@mlamigov.com>; Santamaria, rod <esantamar1a@miam1gov.corn> Subject: Re: Warrant - Battersea It is still pending from Zoning. Also I spoke with Gus Ile 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 09108L201 City Clerk On Jan 20, 2016, at 6:31 AM, Mendez, Victoria CVMendez miaini ov,coin> wrote: Enrique. Is this resolved?? Victoria Alindez, City Attorney Board Certified, City, County and Local Government [x]�4 City of Miami Office of the City Attorney Telephone: 305-416-1832 Facsimile: 305-416-1801 victoriarnendez a niami ov.com Assistants Alarta Gomez 305 416-1844 On Jan 19, 2016, at 4:01 PM, Pousada, Enrique <e ousada iami ov.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:irna eQ01. n QII714FB3•AAI7ECDQ] Esteemed regards, Enrique Pousada, PSM Serdor Surveyor City of Miaini Public Works Department 444 SW 2nd Avenue — 4th Floor Miami, FL 33130 (305) 416-1232 (305) 416-1278 (F) et�ousadanzi ami g_ov. com�imailto `epos sadauirniami gov.cc}m3 www rniarnigov.con•r/publicworks<http`flwww.miami ,ov.coTn/1)ublicworks<h—ttp- //\vww.miainigov.com/publicworks> Tell us how we are doing. CLICK HEREYcom/r/THD8GR5> to complete the Public Works Customer Satisfaction Survey. From: Gus De Ribeaux f mailto: Gusrz�gdrpa_. cam] 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) PHA & NA -3 Thanks for your help. on 09/08/2016, City Clerk 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 gpsP—gdrpa.comclnailto:g_gs .gdrpa.coni> From: Goldberg, Daviel S, [mailto:d oldber miami ov.corn] 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. leo 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 <JVazqueza,l�ergersin erng an- com<rnailto:Naz uez cos ber ersin erman.coxn» wrote: See below ....please advise From: Gus De Ribeaux [mailto: Gus(@,gdrpa.comj Sent: Tuesday, January 12, 2016 2:58 PM To: Javier L. Vazquez Cc: Carlos Tosca; Salom6 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) PHA & NA -3 on 09 O82016 City Clerk Gus De Ribe-aux, Esq, Law offices of Gus M. Deribeaux, P.A. 4904 SW 72 Ave. Miami, Florida. 33155 (305) 446-7990 (3 05) 446-4151 facsimile s gdMaxom<mailto-Vs@ZdMaxgm> <PSC Letter 9-03-2015 BATTERSEA WOODS 41827-A,FDF> <irnage002.jpg> Submitted into the public record for item(s) PH & N& NA.3 on 29&IZQ , City Clerk 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 Thank duffli! 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 Ed; Ellis, Jacqueline Subject: RE: Warrant - Battersea Vazquez; Carlos TQsca; Iglesias, Peter; Fiore, Antonio; Santamaria, 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 CQActing Zoning Administrator 'tet Planning and Zoning Department City of Miami 305-416-1488 From: Pousada, Enrique Sent: Wednesday, January 20, 201.6 8:12 AM To: Mendez, Victoria < Mendez miami ov.com> Cc: Gus De Ribeaux<Gus a dr .com>; Goldberg, Daniel S. td oldber miami ov.cama; Cejas, Devin 4DCeias miarniov.cam>; Javier L. Vazquez �IVazgez@bergersinerman.eom�; Carlos Tosca <carlos@toscarealestate.com�; Iglesias, PetereP! teslas miami ov.com?; Fiore, Antonio �afiore mlamiFov_.com?; Santamaria, Ed Submitted into the public Subject: Re: Warrant - Battersea record for items) PH -4 iia NA.3 I on 0910812016, 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 <VMendez niami ov.coni> wrote: Enrique. Is this resolved?? Victoria M6ndez, City Attorney Board Certified, City, County and Local Government w City of Miami Office of the City Attorney Telephone: 305-416-1832 Facsimile: 305-416-1801 victoriarnendez rnianli ov.com Assistant: Marta Gomez (305) 416-1844 On Jan 19, 2016, at 4:01 PM, Pousada, Enrique <epousada ajniainiog v.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:ima e0g�0CDQ Esteemed regards, Enrique Pousada, PSM Senior Surveyor City of Miami Public Works Department 444 SW 2nd Avenue — 4th Floor Miami, FL 33134 (305) 415-1232 (305) 416-1278 (F) e ousada imiamigov.comCrnailta:e ousada miami 0v.c0m7 www.miainigov,con*ublicworksml ublicworkp Tell us how we are doing. CLICK HERE�--hqnL://www.surve onke ,com/r[FHD8QR5> to complete the Public Warks Customer Satisfaction Survey. Submitted into the public From: Gus De Ribeaux record for item(s) PHA & NA -3 Sent: Tuesday, January 19, 2016 3:26 PM on 09 O8 2n16 City Clerk To: Goldberg, Daniel S.; Pousada, Enrique; Cejas, Devin Cc: Javier L. Vazquez; Carlos Tosca; Iglesias, Peter; Medea, Victor... Subject: RE: Warrant - Battersea Mr. Cej as, As per the below, could you please confirm to Mr. Pousada (and our office) that the warrant is no longer required on his purichlist. 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 us(pa.catn��nailto: s d a.com> From: Goldberg, Daniel S. [mailto dg_oldber miatniov.coml 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 fioin my iPhone On Jan 14, 2016, at 12:37 PM, Javier L. Vazquez _ ber�ersingernlan.commailto JVazcuez �I�erennai.corn7> wrote: <JVazauez See below....please advise From: Gus De Ribeaux (mailto:Gus d7 a.coni] Sent: Tuesday, January 12, 2016 2:58 PM To: Javier L. Vazquez Cc: Carlos Tosca; Salorn6 Gonzalez; Alvaro Alarcon Submitted into the public Subject: Wal -rant - Battersea record for item(s) PHA & NA.3 on Q § 2 15 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 to Mr. Posada so he can remove that requirement? Also, the hand 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 QusgdWa.coin<rnailto: s d a.com> <P SC Letter 9-03-2015 BATTERSEA WOODS #1827-A.PDF> <image002 jPg> Submitted into the public record for item(s) PHA & NA.3 on 091080016, City Clerk District 2 Office From. Goldberg, Daniel S. <dgoldberg@miamigov.com> Sent: Friday, January 22, 2015 9:11 AM To: Mendez, Victoria; Cejas, Devin Javier L. Vazquez; Iglesias, Peter, Fiore, Antonio; Santamaria, Ed; Ellis, Jacqueline; Cc: Gus@gdrpa.com; Pousada, Enrique Subject: RE. Warrant - Battersea :Thanks Devin. Daniel S. Goldberg, Assistant City Attorney City of Miami office of the City Attorney . r Telephone: 305-416-1859 �F F Facsimile: 345-416-1801 Apoldber miamiog v.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 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!!!!! 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; Santamarla, 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. Submitted into the public Mr. Ribeaux, record for item(s) PH.4 on 09 a8 2016, City Clerk 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-plattedBuilding 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 rni-a—rn gov.corn> Cc: Gus De Ribeaux <Gus@ drpa.com>; Goldberg, Daniel S. d oidber Miami ov.com>; Cejas, Devin <2Ceias Miami ov.com>; Javier L•'vazquez �JVazquez@berQersinerrnan.com>; Carlos Tosca ccarlos toscarealestate.com>; Iglesias, Petercplelesias miamignv.com>; Fiore, Antonio rafiore@miamiov.com>; Santamaria, Ed <esantamaria miami,ay.com> Subject: Re: Wa'r'rant - 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. Qty Jan 20, 2016, at 6:31 AM, Mende,, Victoria �VMendez miaini nv.coni> wrote: Enrique. Is this resolved?? Victoria Merl dez, City Aitorney Board Certified, City, County and Local Government InCity of Miami office of the City Attorney Telephone: 3 05-416 -18 3 2 Facsimile: 305-416-1801 victariamendez iniaini ov.c0111 Submitted into the public record for item(s) PH -4 8, NA -3 on 09 D8 ZU1fi City Clerk Assistant: Marta Goniez{30S 4I�_ 6-]844 on Jan 19, 2016, at 4:01 PM, Pousada, Enrique c_ep�ousada a iaYni o■�.Conl> 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.pn e ,OID14FB3.AA17ECD{lI 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) e ousada miami ov.com<mailto*e ousada iami ov.com> www.miami ov.com/ ublieworks<http://xNrww.n-iiarnigov.com/pubhc,works�, Tell us how we are doing. CLICK HERE<hql://www.surveEnoi*eyconi/r/THDSGR5> to complete the Public Works Customer Satisfaction Survey. From: Gus De Ribeaux [xnailto:Gus d acorn] Sent: Tuesday, January 19, 2016 3:26 PM. To: Goldberg, Daniel S.; Pousada, Enrique; Cejas, Devin Cc: Wavier L. Vazquez; Carlos Tosca; Iglesias, Peter; Mendez, Victoria Subject: RE: Warrant - Battersea Mr. Cej as, 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.cozn<rnailto: s d a.com> Submitted into the public record for item(s) PHA & NA.3 From: Goldberg, Daniel S. mailto:d oldber iami ov.com] on 09/08/2016 City Clerk Sent: Friday, January 15, 2416 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 <JVazquez fiber egsingerrrtan.corn��xailto:lVaz uez ber ersin erdnan.com>> wrote: See below....please advise From: Gus De Ribeaux [tnailto:Gus d a.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) 446-7994 (305) 446-4151 facsimile gus(cv dg�a.conn<inailto:g_us_p drpa.com> <PSC Letter 9-03-2015 BATTERSEA FOODS #1827-A.PDF3 <irnage002 Jpg> Submitted into the public record for item(s) PHA & NA -3 on 09/08/2016, City Clerk District 2 office From: Gus De Ribeaux {Gus@gdrpa.com? Sent: Friday, January 22, 201610:01 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 I can help you in any way, please feel free to call me. Thanks, Gus Gus De Ribeaux, Esc{. Law Offices of Gus M. Deribeaux, P.A. 4904 SW 72 Ave. Miami, Florida 33155 (305) 446-7990 (305) 446-4151 facsimile _rus[ 3ca— -con, From: Mendez, Victoria [mailto:VMendez@m1amigov.com] Sera: Thursday, January 21, 2016 5:25 PM To: Ce}as, 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 you IM! From: Cejas, Devin Sent: Wednesday, January 20, 2016 6:55 PM To: Pousada, Enrique; Mendez, Victoria uez; Carlos Tosca; Iglesias, Peter; Fiore, Antonia; Santamaria, Cc: Gus De Ribeaux; Goldberg, Daniel S.; Javier L, Vazq Ed; Ellis, Jacqueilne 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 Og&?L2016 City Clerk By way of this correspondence and pursuant to internal staff meetings in fate 201S, 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 #125. Thank you and best regards, From: Pousada, Enrique Sent: Wednesday, January 20, 2016 8:7.2 AM To: Mendez, Victoria <VMendex miami ov.com> Cc: Gus De Ribeaux <guL�rpa.com>; Goldberg, Daniel S. <doldber miami ov.com>; Cejas, Devin <DCeias miami ov.com>; Javier L. Vazquez >; Carlos Tosca EcarlosPtoscarealestate.rDm>; Iglesias, Peter SPI lesias miami ov,com>; Fiore, Antonio Cafiore miamifov.com>; Santamaria, Ed resantamaria miami ov,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 cVMei;dez[ miami ov.00nI> wrote: Enrique. Is this :resolved?? Victoria A16ndez, 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 miami ov.com Assistant: Marta Gomez (305) 416-1844 Submitted into the public record for item(s) i H.4�=3 on 0908 2016 City Clerk On Jan 19, 2016, at 4:01 PM, Pousada, Enrique <—ePausadal&miami oN,.com> Wrote: Devin Cejas Acting Zoning Administratort CQ Planning and Zoning Department City of Miami 305-416-1488 From: Pousada, Enrique Sent: Wednesday, January 20, 2016 8:7.2 AM To: Mendez, Victoria <VMendex miami ov.com> Cc: Gus De Ribeaux <guL�rpa.com>; Goldberg, Daniel S. <doldber miami ov.com>; Cejas, Devin <DCeias miami ov.com>; Javier L. Vazquez >; Carlos Tosca EcarlosPtoscarealestate.rDm>; Iglesias, Peter SPI lesias miami ov,com>; Fiore, Antonio Cafiore miamifov.com>; Santamaria, Ed resantamaria miami ov,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 cVMei;dez[ miami ov.00nI> wrote: Enrique. Is this :resolved?? Victoria A16ndez, 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 miami ov.com Assistant: Marta Gomez (305) 416-1844 Submitted into the public record for item(s) i H.4�=3 on 0908 2016 City Clerk On Jan 19, 2016, at 4:01 PM, Pousada, Enrique <—ePausadal&miami oN,.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:irna ege00l.pngOa,,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) 41.6-1232 (305) 416-1278 (F) epousadaP,miai-ni.gov.com<mailto:ei2o-usada@iniainigov.com> www.iniainigov.com/t)ublicworks<htt ://wwv,.miami ov.coQl ublieworks> Tell us how we are doing. CLICK HERE<htt //wwA, surve nonke .comlr[FH 88GR5> to complete the Public Works Customer Satisfaction Survey. From: Gus De Ribeaux [rnailto: Gus d a.conrI 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@gda.com<rrrailtom— s@ drpa.com> From: Goldberg, Daniel S. [mailto•dgoldber�7cr,miarnigov.coin] Submitted into the public record for item(s) PHA & NA -3 on 09/08/2016, City Clerk Sent: Friday, January 15, 2016 3:35 PM To: Pousada, Emique; Cejas, Devin Cc: Gus De Ribeaux; Javier L. Vazquez; Carlos Tosca; Iglesias, Peter; Mendez, Victoria Subject: Re: Warrant Battersea Thought this was resolved. leo 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 <JVaz uez ber ersin ennan.com<mailto:JVazguez aibergersingerman.com>] wrote: See below....please advise From: Gus De Ribeaux [mail to:Gus d a.com) Sent: Tuesday, January 12, 2016 2:58 PM To: Javier L. Vazquez Cc: Carlos Tosca; 5aloin6 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 hien 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) 446-7994 (305) 446-4151 facsimile pus a, drpa.coin<mailto:ggs@gdrya.com> <PSC Letter 9-03-2015 BATTERSEA WOODS 41827-A.PDF> {image002,jpg> Submitted into the public record for items} PH.4 & NA.3 on 2 Qg 2©16 City Clerk 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 forfinal payment asthere 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) PM. && NA.3 on 09j08/2016, City Clerk February 16, 2016 Samuel. E. Poole 111, Esq. Berger Singennan, LLP 1450 Brickell Avenue Suite 1900 Miami, Florida 33131 Dear Mr. Poole, Please accept this letter as notice of cancellation of the consultation agreement 13ewveen Berger Singerman and the City of Miami dated January 12, 2015. Thank You for your assistance in this Mattel'. Sincerely, Daniel J. Alfonso City Manager Submitted into the public record for item(s) PHA & NA.3 on a91o$120�.6, City Clerk orrice Or THE CITY ATTORNEY 1444 S•W. 2nri Avenge, SOW 9451 Miami, Florida 33 13 0-1 91 0 01,11-tv of Victoria MCndv % Telephone: (305)416-1800 416-1801 OtyAttomey�* i �nRr t TelQmpier: (30) .� v [-MAIL. Law0miam[sov.com February 16, 2016 Samuel. E. Poole 111, Esq. Berger Singennan, LLP 1450 Brickell Avenue Suite 1900 Miami, Florida 33131 Dear Mr. Poole, Please accept this letter as notice of cancellation of the consultation agreement 13ewveen Berger Singerman and the City of Miami dated January 12, 2015. Thank You for your assistance in this Mattel'. Sincerely, Daniel J. Alfonso City Manager Submitted into the public record for item(s) PHA & NA.3 on a91o$120�.6, City Clerk orrice Or THE CITY ATTORNEY 1444 S•W. 2nri Avenge, SOW 9451 Miami, Florida 33 13 0-1 91 0 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 A16ndez, City Attorney Board Certified, City, County and Local Government 0 City of Miami Office of the City Attorney Telephone: 305-416-1832 Facsimile: 305-416-1801 v i cto ri aili en d ez(a ,,rni arni goy. eo m Assistant: Marta Gomez 305 416-1844 On Feb 18, 2016, at 9:30 AM, Javier L. Vazquez <1VMuez y,bergersingerman.com> wrote: My friend, can we make arrangements for final payment as there are amounts due? By the way, I would have anuch 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 n 201602172153 5515 I .pd f> Seat from my iPhone ]avl Vazquez, Esq Berger Singennan Submitted into the public record for item(s) PHA on 0910812016, City Clerk 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 N16ndez, -City Attorney Board Certified, City, County and Local Government LL: City of Miami Office of the City Attorney Telephone: 305-416-1832 Facsimile: 305-416-1801 victoriarnendez iaini ov.com Assistant: Marta Gomez (345) 416-1844 On Feb 19, 2016, at 7:34 AM, Javier L. Vazquez <.1Vazquez _ h rgersingennan.corn> wrote: When do you return From: Mendez, Victoria [maiito:VMendez(0)miamigay.com] Sent: Thursday, February 18, 2016 8:20 PM To. 3avier L. Vazquez Subject: Re: End of engagement Irnaginate. 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 r miami ov.com Assistant: Marta Gonxez 305 416-1844 On Feb 18, 2016, at 9:30 AM, Javier L. Vazquez <TVazquez{7a bei e� rsin erman,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 <scan20160217215355151.p0> Submitted into the public record for item(s) PH.4 & NA.3 I on U91(}8f2016, City Clerk Sent from my iPhone Javi Vazquez, Esq Berger Singennan Submitted into the public record for items) PH && NA.3 on 09108/2016 City Clerk District 2 Office From: Paul S Figg <PFigg@bergersingerman.com> Sent: Wednesday, August 10, 2016 4:1.0 PM To: Javier Z. Vazquez, Mendez, Victoria Cc: Carlos Tosca (carlos@toscarealestate.com); Gus tae Ribeaux Subject: RE: Palmlcorp Battersea Attachments: Memorandum of Lain 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 byJavi. Thanks! From: Javier L. Vazquez Sent, Wednesday, August 10, 2016 3:56 PM To: Mendez, Victoria Cc: Paul S Figg; Carlos Tosca (carlos@toscarealestate.corn); 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 hearfrom 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 Suite 19001 Miami, FL 33131 office: (305) 755-9.500 direct: (305) 714-437$1 fax: (305) 714-4340 email: JVazg e,7Rbereersingerman.coin website: w-ww.ber ersin erman.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 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. in no event. shall this material be read, used, copied, reproduced, stored or retained by anyone other than the named addressee(s), eKf:epl with the express consent of the sender or the named addressee(s). Thank you. r...... r.a.e.r.r ....... r.sir:...e..rs.s.rr.... rrrre....... r....r....r...we......r....r. —..•...r..r.............a.• Submitted into the public record for item(s) PHA & NA -3 on 0910812016, City Clerk BERG -ER SINGERMA, 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_Sumrna: 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. d< Sur. Co. V. Huntington Nat. Bank, 609 5o, 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-4124-024-0251 ("Parcel B") and 01-4129-024-02.41 ("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. Anal Fsis• Miami 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 all 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) PHA & NA -3 7281984-6 on 091,08/2016, 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 oil 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.l. Parcel A is unplatted land. Parcel A cannot trigger the warrant requirement because Parcel A Moes 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 ill 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 7281984-6 Submitted into the public record for item{s} PH.4 & NA.3 on 29 0$ 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 §55-5(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 building site fortned 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 form 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, §3.6c ("...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 foam a lot 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 lot and cannot trigger the warrant requirement under §3.6.8.1. Because Parcel A is not a lot, as defined in M2I , 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 B 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 IS and 19 are not under any zoning transect cognizable in M21. The City has no power to regulate extraterritorially. Parcels S 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 2413. 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 §3.6.8.1. 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. 7281984.6 Submitted into the public record for 1tem(s)PH.4 & NA.3 on 92 {]8 2026 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 slumbers, letter or letters, or other name for ... development purposes; 3. do not contain an "existing single-family residence or lawful accessory building(s) or structures)"; 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 detennining vvhether 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. 7281984-6 Submitted into the public 4 record for item(s) PHA & NA.3 on 0910812016, City Clerk