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HomeMy WebLinkAboutPZAB Appeal LetterCarlos J. Gimenez, Esq 2020 Ponce de Leon Blvd., Ste Coral Gables, FL 33134 March 11, 2013 VIA E-MAIL & HAND DELIVERY Mr. Anel Rodriguez Director Department of Hearing Boards City of Miami 444 Southwest 2nd Avenue, 3rd Floor Miami, Florida 33130 RECEIVED PLANNING DEPARTMEN i 1003 13 MAR I 1 PM 2: 00 Re: Appeal of Exception bearing the City of Miami (the "City") File No. 13-00197x (the "Exception"), granted by the City Planning and. Zoning Appeals Board ("PZAB") on February 20, 2013 to Plantation General Hospital Limited Partnership, in connection with that property located at 3663 S. Miami Avenue (the "Property"), commonly referred to as Mercy Hospital (the "Hospital") Dear Mr. Rodriguez: The undersigned represents the Bay Colony Condominium Association, Inc. (the "Association"), and its President, Eric Levy (as an individual) in connection with this matter. The underlying Exception would allow the Applicant to develop a new Helipad on the Property. The purpose if this letter is to appeal the decision of the PZAB to grant the Exception to the City Commission for consideration, deliberation and action. STANDING The Association is located directly abutting the subject Property to the South at 3581 E Glencoe. The Association, and its individual members, including Mr. Eric Levy (who is also represented by the undersigned as an individual) are specifically aggrieved by the action of the PZAB, as Helipad operations will have an adverse impact on their quality of life. Mr. Levy resides at 3581 E Glencoe, Unit 1. The foregoing serves as sufficient standing to submit this appeal pursuant to the City's 2020 Ponce oe Leon E3 vo, Surte 1003, Coral Gaoles, FL 33 134 land development code, commonly referred to as Miami 21, specifically, pursuant to Section 7.1.2.6(d) found therein. STANDARD OF REVIEW Pursuant to Section 7.1.2.6(d) of Miami 21, the standard of review for this Appeal is de novo. FACTS The new Helipad development is intended to replace the existing Helipad located to the Southwest of the main Hospital. The new Helipad would be located in close proximity to the Hospital Emergency Room. According to the Applicant's Letter of Intent, the Helipad operations would not exceed two (2) flights per month. and would mostly be composed of flights to bring in divers who require treatment within the Hospital's hyperbolic chamber. At no place within the four comers of the underlying Application did the Applicant disclose the Helipad could be used in connection with future Trauma Center operations, greatly expanding the daily usage of the Helipad. The Application also failed to mention that Mercy currently has an approved Helipad located within the Property. EXISTING HELIPAD Mercy already has an existing Helipad on its property, which is available to provide the services contemplated by the Applicant's letter of intent. The existing Helipad has been in existence for decades, however, its very existence was never disclosed by Mercy in its Letter of Intent. As such, the need for this new Helipad is questionable, at the very least. In addition, the existing Helipad was not taken into account by City Staff's analysis as to the merits of the requested Exception. IMPACTS TO THE SURROUNDING AREA Noise, traffic and other adverse impacts were not sufficiently addressed by the Applicant nor the City, as the total impact of Helipad operations were not taken into account by the City, the PZAB nor the Applicant. TRAUMA CENTER It is no coincidence that the location of the new proposed Helipad would allow Mercy to qualify for a Trauma Center in the near future. The addition of a Trauma Center use is clearly relevant to what is an application for a new use on the Property. A Trauma Center would have an adverse impact on the surrounding neighborhood well beyond those stated by the Applicant in its application. According to experts in the field, Trauma Center operations would include at least one medevac trip per day, and would have the additional traffic impact of up to five (5) or six (6) rescue trucks per day. This impact is well above the stated impact of two (2) medevac transports per month, as stated by the Applicant in the Letter of Intent. Prior to public hearing, the Association will present a traffic study, by an expert recognized in the field that shall present findings as to the impacts of a Trauma Center on Helipad operations, and the additional traffic impact to the surrounding neighborhood. PUBLIC POLICY Clearly, the requested use is not granted by right for a reason, or for purposes of public policy. Conditional uses are those that create an impact on the surrounding area that are by nature uncommon. That is why a public process is required for their approval. A thorough review therefore, must include all real and potential impacts that are generated by said use. Currently, under Miami 21, there is no process to approve a Trauma Center use within the City. That is entirely consistent with recent public policy considering that until very recently, there is only one (1) approved Trauma Center in all of Miami -Dade County. In the last few years however, at least one (1) application for additional Trauma Centers has been approved, while others have been stalled in what has become a controversial public process. As a result of this new trend. City policy makers may consider enacting new legislation, amending Miami 21 to automatically include a public process to approve Trauma Center operations in connection with a hospital located within City limits. Currently, however, with regard to the subject of this Appeal, the only method to fully analyze the impact of the proposed Helipad is to include an analysis as to potential Trauma Center operations on the surrounding neighborhood. It is clear that a Trauma. Center would create impacts that greatly exceed the current "intended" use of the proposed Helipad. The applicant did not include any substantial competent evidence as to Trauma Center operations, and its impact on the Helipad use as part of this approval process. Allowing them to develop the new Helipad would allow Mercy to qualify for Trauma Center use based upon the regulations of the State of Florida Department of Health. As such, if granted without condition, the Applicant would have the unfortunate opportunity to initiate a "bait and switch" in the very near future. PROPOSED ACTION The Association respects the great work performed by the dedicated professionals at Mercy Hospital. Nothing is more important that one's health. For decades, Mercy has provided medical services to those in need, and for that, we applaud Mercy. However, with regard to this process, we question why Mercy did not provide notice to the Association well in anticipation of the public hearing before the PZAB. This is especially concerning considering the proposed Helipad will impact the Association and Mr. Levy specifically more than any other residential property. On behalf of the Association, we request that the City Commission either deny the Applicant's request for an Exception (creating no hardship to the Applicant as it would still have the ability to utilize the existing Helipad), or, in the alternative, grant the Exception, with a condition that the Helipad not be used in connection with Trauma Center operations, unless approved by a subsequent public hearing. In so doing, the full impacts of the use can be taken into account City and potentially aggrieved members of the public. Our proposed course of action is extremely reasonable under the circumstances. For profit organizations have a duty to their neighbors, and expansion of uses that will derive additional profit for said organization, which creates additional impacts on the surrounding area, must be quantified through the public hearing process. We look forward to having this matter heard before the City Commission at the earliest convenience. A check in the amount of nine -hundred eighteen dollars is attached to this Appeal, made payable to the City of Miami, in compliance with. Miami 21. Kindly advise should you have any questions with regard to the foregoing. Respectfully submitted, Carlos J. Ginzenez, Esq. cc: Mayor Tomas Regalado Commissioner Marc Sarnoff Commissioner Francis Suarez Commissioner Wilfredo Gort Commissioner Michelle Spence -Jones Commissioner Frank Carollo Francisco Garcia, Planning Director Alexander Tachmes, Esq., Shutts & Bowen