HomeMy WebLinkAboutZB Appeal LetterW. TUCKER GIBBS, P.A.
ATTORNEY AT LAW
2980 MCFARLANE ROAD, SUITE 205
P.O. Box 1050
COCONUT GROVE, FLORIDA 33133
TELEPHONE (305) 448-8486
FACSIMILE (305) 448-0773
April 5, 2010 VIA HAND DELIVERY
Carlos A. Migoya, City Manager
City of Miami
City Hall
3500 Pan American Drive
Miami, Florida 33133
Re: Appeal of Special Exception Approval for Proposed
Charter School at Approximately 1742 and 1744 S.W. 2d
Avenue and Four Parcels Identified as Having Folio
Numbers: 01-4139-008-0060, 01-4139-008-0070, 01-4139-
008-0080, and 01-4139-001-5550.
12
Dear Mr. Migoya:
I represent the Brickell View West Apartments, Inc.
which owns that property at 1723 SW 2d Avenue, Miami,
Florida, Ward International Trading Company, LLC, which owns
that property at approximately 1740 S.W. 1st Avenue, Miami,
Florida, and the Miami Roads Neighborhood Civic Association,
Inc., which represents its members who live in this area of
the City of Miami, regarding the approval of a special
exception permit by the City of Zoning Board on March 22,
2010 (File No.: 10-00044X). That decision approved with
conditions the special exception application to allow a
1,700-student primary and secondary school for the referenced
properties (the "site") on a dead-end portion of SW 2d Avenue
in the Office zoning district.
The Brickell View West property abuts the site. This
property and its owner will be negatively impacted by the
development authorized by the special exception permit at
issue here.
The Ward International Trading Company property also
abuts the site. This property and its owner will be
negatively impacted by the development authorized by the
special exception permit at issue here.
The Miami Roads Neighborhood Civic Association
represents its members who live in this area. The Roads
neighborhood and the association's members will be negatively
City of Miami
April 5, 2010
Page 2
impacted by the development authorized by the special
exception permit at issue here.
Let this letter serve as Brickell View West's and the
association's notice of appeal pursuant to Article 20 of the
Zoning Ordinance of the City of Miami of the issuance of
special exception permit (File No.: 10-00044X), permitting
the construction of a primary and secondary school facility
including garage as per plans presented to the zoning board
and on file with the planning department for the referenced
addresses.
The grounds for this appeal are as follows:
Articles 13 and 15 of the Miami Zoning Code set forth
criteria for the issuance of this Special Exception permit.
1. There are no written findings of fact specific to each
of the criteria listed in section 1305.2.
2. The alleged "findings" presented in the planning
department's findings and recommendations regarding the
application for special exceptions are nothing more
than conclusory statements, with no stated factual
basis. There is no way to determine the facts that show
alleged compliance with each of the criteria set out in
section 1305.2 of the zoning code.
3. In particular, section 1305.2 addresses the physical
context of the proposed project. According to the
criteria listed in that section, the project must
"respond to the physical contextual environment taking
into consideration urban form and natural features."
And the project must "respond to neighborhood context."
a. A major factor in the context and the physical
environment of the project is the impact of a
1,700-student K-12 school on this neighborhood on a
portion of S.W. 2d Avenue that utilizes only 25-
feet of asphalt.
b. No traffic study or analysis was presented by the
applicant to the zoning board for its review of
this massive project.
c. The project does not meet the city's parking
requirements.
d. The project does not create a transition in bulk
and scale in this neighborhood.
City of Miami
April 5, 2010
Page 3
4 There is no specific delineation in the final decision
of the zoning board of the factual basis for compliance
with each of the criteria in section 1305.2. For
example:
a. According to the criteria listed in section 1305.2,
the project must "respond to the physical
contextual environment taking into consideration
urban form and natural features." There are no
facts that are cited in the final decision that
show that the application for the special exception
meets the criteria.
b. According to the 1305.2 criteria, the project must
"respond to neighborhood context." There are no
facts that are cited in the final decision of the
zoning board that show that the application for the
special exception meets the criteria.
c. Under the 1305.2 criteria the proposed new
construction shall "create a transition in bulk and
scale." There are no facts that are cited in the
final decision of the zoning board that show that
the application for the special exception meets the
criteria.
d. The 1305.2 criteria require the owner to "provide
landscaping that screens undesirable elements...
and that enhances space and architecture." There
are no facts that are cited by the zoning board in
the special exception that show that the
application meets the criteria.
5. There is no specific delineation in the zoning board's
final decision of the factual basis for compliance with
the criteria in section 1305.3.1 That section states:
"Review for adequacy shall be given to the
manner in which the proposed use will operate
given its specific location and proximity to
less intense uses. Particular consideration
shall be given to protecting the residential
areas from excessive noise, fumes, odors,
commercial vehicle intrusion, traffic
conflicts, and the spillover effect of
light."
Residential areas surround the school site.
There are no facts that are cited in the final
decision that show that the application for
City of Miami
April 5, 2010
Page 4
special exception meets the criteria and that
the zoning board considered protecting the
adjacent residential areas from excessive
noise, fumes, odors, commercial vehicle
intrusion, and traffic conflicts.
6. There is no specific delineation in the zoning board's
final decision that the grant of the special exception
was consistent with the City of Miami Comprehensive
Plan.
7. Nor were there any facts presented in the zoning
board's final decision that show that the grant of the
special exception was consistent with the City of Miami
Comprehensive Plan.
For these reasons, appellants Brickell View West
Apartments, Inc., Ward International Trading Company and the
Miami Roads Neighborhood Civic Association, Inc., through
their undersigned attorney, hereby appeals the grant of a
special exception permit for the referenced property.
Furthermore, appellant appellants Brickell View West
Apartments, Inc., Ward International Trading Company and the
Miami Roads Neighborhood Civic Association, Inc., reserve
their right to supplement this appeal letter with briefs or
memoranda prior to city commission consideration of this
appeal.
Sincerely,
W. TuckerGibbs
enclosure
cc: Brickell View West Apartments, Inc.
Ward International Trading Company, Inc.
Miami Roads Neighborhood Civic Association, Inc.
Ana Gelabert-Sanchez, Planning Director
Julie 0. Bru, City Attorney
Anel Rodriguez, Hearing Boards Office
Priscilla Thompson, City Clerk