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HomeMy WebLinkAboutSubmittal-Deborah Wright-Letter of Opposition to Olga ZamoraSubmitted into the public record for item(s) PZ.3, PZ.4 on 02/25/2016, City Clerk. DEBORAH P. WRIGHT, ESQ. 162 NW 42°d street Miami, FL 33127 (917) 939-2624 (phone); (866) 449-5608 (fax) February 23, 2016 Olga Zamora, Hearing Board Chief (ozamora@a,miamigov.com; 305.416.2037) City of Miami 444 SW 2nd Avenue, 3rd Floor Miami, FL 33130 RE: Opposition to Rezoning of Eastern Portion (currently zoned T3-L, the "Residential Rezoning") of 4201 NW 2nd Avenue, Miami, FL 33127 (the "Property") (Folio 01-3124-020-0280) Dear Ms. Zamora: On behalf of myself and the neighbors (collectively, the "Neighbors") adjoining and in close proximity to the Residential Rezoning, I am hereby opposing the application for the Residential Rezoning that will be addressed under PZ-3 at this Thursday's Public Hearing (2/25/16), and request that this correspondence and all attachments be submitted for the record, and distributed to the Commissioner and Board for examination. The Property is currently split between T4-L at the western portion with frontage on NW 2nd Avenue, and T3-L with frontage on NW 42nd Street. The Owner/Applicant is requesting rezoning from T4-L and T3-L to T4-O and T4-L, respectively, and our issue is only with the T3-L to T4-L Residential Rezoning; we otherwise support the requested rezoning of the commercial portion of the Property and encourage economic development along the NW 2nd Ave corridor. Encroachment into Residential Community, Inconsistent with Miami 21 and a Disturbance to Residents The City of Miami Code of Ordinances (the "Code") provides that any rezoning modifications be consistent with the Code's objectives, and the Owner/Applicant confirms in their July 17, 2015 correspondence to your office that "The primary goal set forth in the Future Land Use Element, Goal LU-1 is to protect and enhance the quality of life and foster economic development." We agree with this statement, which is why we do NOT oppose the rezoning of the commercial portion of the Property, but DO oppose any rezoning of the residential portion. There is a distinctive line, as you can see on Exhibit A (Miami 21 Zoning Map — Existing) that separates areas intended to grow as commercial from areas that are intended to remain residential. The Residential Rezoning will be in direct conflict with the intent of Miami 21, downgrade the values and enjoyment of neighboring properties, is unprecedented, and will set a precedent for rezoning that is contrary to the intent of the Code. There is no other commercial zoning that crosses this distinctive line, and old and 15—up g it ly > f0brnk rtoo- bthor o �N�i Y� � �Q r Opp s fit 1-0 rn oiA a5- oU�1�z Submitted into the public record for item(s) PZ.3. PZ.4 on 02/25/2016, City Clerk. new homeowners and residents like myself have a reasonable expectation that they can invest in and enjoy the residential areas outlined after Miami 21 without disturbance. We understand that the Planning Department prefers single zoning on any parcel, and the Residential Rezoning does NOT solve that problem; the Property will still have split zoning. The Property was consolidated prior to Miami 21, and if single zoning is preferred, should be subdivided. For the benefit of the Owner, a subdivision of the Property seems to be optimal, so that the parcels can be used as intended by the Code, and there is no split zoning. The Owner/Applicant's offer of limited commercial in the Residential Rezoning as a "transition" between greater intensity and residential is meaningless; there are no transitions or buffers in the surrounding the Property area, as shown on Exhibit A. This owner paid almost exactly the same amount per square foot for this lot as new residents are paying in the neighborhood; an upzoning of the commercial portion alone is a windfall for which they should be grateful; we simply want to limit upzoning of the residential portion of the lot in order to protect our assets, privacy and enjoyment as well. Planning Board Approval Based on Incorrect and Missing Information and Documents As you will see in Exhibit B-1 and Exhibit B-2 the letters of support submitted by the Owner/Applicant were from adjoining commercial land owners only; not one resident from 42nd Street was part of this process or part of the Buena Vista Stakeholders Corp. process of approval Note that there are three HOA associations operating within this neighborhood (Buena Vista Heights, Buena Vista Stakeholders, and Buena Vista Neighborhood Association, the latter of which is currently being relaunched as a reaction to certain members of the neighborhood being concerned about HOA impropriety and the failure of certain residents having a voice; that said, and in no way to criticize the hard work of certain HOA members/directors, as of today, my understanding is that, none of the HOAs hold official elections or official meetings with formal 30-day notice, none of which require a quorum or allow residents to vote by proxy, and in all practical senses, there is no working or non -working person that can/will attend all of these HOA meetings, which makes true resident approval difficult to quantify. Please see Exhibit B- 3 for a petition signed by adjoining residents and residents of the 42nd Street block (between NW 1g` and NW 2nd Avenues) opposing the Residential Rezoning. In a meeting that I had with Sergio Garrido, Planner II for the City of Miami who actually worked on this file, he explained that his understanding and approval was based in part on a covenant that was to be submitted by the Owner/Applicant as part of the application process, which covenant would be recorded, if approved; unfortunately, that covenant was removed without his knowledge. In addition, if you review the underlined portion of Exhibit B-4 (Mr. Garrido's memo of approval), he noted that "the rezoning for the eastern portion [the residential portion zoned T3-L] will unify the zoning classification of the property mirroring the existing transition to the south." This statement is factually incorrect, and the "transition to the south" is a residential lot at 170 NW 42nd Street that is zoned T3-L and is currently being used as a film studio parking lot against Code (this has already been reported to Code Compliance). The code violations at Submitted into the public record for item(s) PZ.3. PZ.4 on 02/25/2016, City Clerk. 170 NW 2nd Ave highlight the need for our opposition to the Residential Rezoning — when I was considering my house for purchase and the area, there was a house on the lot at 170 NW 42nd Street. The owners of the adjacent commercial lot on 2nd Ave have since purchased the lot, knocked the house down, and use the lot for parking, large mobile generators and other equipment storage (See Exhibit B-5 (1) and (2)). I am a real estate attorney and developer, and support development of most forms, within the confines of the law and with variances only where deemed absolutely required —it is not required here. The Owner/Applicant states that they need the Residential Rezoning for parking, but the Code provides several parking options that they appear unwilling to consider. It is important to note that the Owner/Applicant is not the end user, and according to the broker that answers the calls on the "Available" notice on the building, that building is available for lease AND/OR sale. I specifically studied Miami 21 and each of the Commisioner and Board's findings on parcels in the area, and determined that my house was in a "safe" and "protected" residential area post -Miami 21, and while I love a short walk to commercial, I did not sign up to live directly next to or across from it. The Residential Rezoning will impose that on me and my neighbors, and begin an unprecedented deviation from what was just planned by Miami 21, and this would be done when there are ALTERNATIVES to taking away this residential lot — there are many areas for expansion of commercial property ownership along 2nd Ave — most of that property is vacant and available for sale. Parking was noted as an "issue" by the Owner, but Miami 21 provides many options to owners for parking (valet when over 10,000 sq ft lot, underground, first floor parking, etc). Any approval of T4-O on the commercial lot should be contingent on a covenant that the residential lot cannot be used for commercial purposes. Lack of Notice/No Approval by Residents in Close Proximity to the Residential Rezoning I must make note of the issue of notice that myself and many neighbors are experiencing on this and other matters. You will also see Exhibit C. showing that there is no visual sign/notice on the Property, and specifically, there is no notice on the residential portion that is separately fenced (there is only a notice visible from 2nd Avenue). The Planning Board notices are being "held" at the Buena Vista USPS and are either not being delivered or are not being delivered in a timely fashion. While we have not yet initiated a formal investigation into this issue, I have been involved in cases that sound unfortunately familiar, where owners/developers worked with member(s) of the USPS in holding or delaying these notices. I will note that, as of today, I have yet to receive a certified notice of this week's meeting, and have missed these notices in the past, which is why myself and other adjoining neighbors are just discovering the extent of this rezoning (a reasonable person would assume that a notice of rezoning posted on 2nd Ave would not apply to the residential portion of the lot; you would have to have knowledge of the abnormal shape of this lot; otherwise, you would incorrectly assume that the separately fenced playground lot (which currently hosts play equipment for children) is a separate lot, and that the notice posted on 2nd Ave does not apply to that separately fenced section). Submitted into the public record for item(s) PZ.3. PZ.4 on 02/25/2016, City Clerk. Because of the notice issue, I will likely be changing my address for notices on this property to a different Miami zip code to see if I receive future notices, but I would like to note here that if there Ls ANY further request for rezoning. subdivision or otherwise with respect to the residential portion of 4201 NW 2" d Ave OR 170 NW 42nd Street. I would like advance notice by email at Deborah. wrieht(ii),usa.net or facsimile 866.449.5608. Please include this note in the file for each property. Conclusion In summary, the residents of the NW 42nd Street block between 1st and 2nd Avenues will be directly affected by the Residential Rezoning, and we oppose it. Residents on other blocks will be indirectly affected by the precedent any decision will set, and the enhanced encroachment into the very limited residential area. We support commercial redevelopment of 2°a Ave, and do not oppose an upzoning of the commercial portion of the Property. There are many areas for expansion of commercial space on NW 42nd Street, and several option for parking that will service the Property, once developed. The commercial portion of the Property is over 10,000 square feet, and the owner of the commercial lot on N. Miami Ave at 42nd Street is building an underground parking garage on much less space than exists on the Property. We hope that the Board and Commissioner will see the clear logic and public disapproval here, and provide the Owner/Applicant with an upzoning of the commercial portion, while protecting the residential lots of our neighborhood. If you have any questions or need any further information from me or other members of the block, I can be reached at Deborah.wright@usa.net and 917.939.2624. Thank you in advance for your time and understanding. Sincerely, Deborah P. Wright, Esq. Cc: Sergio E. Garrido, Planner II (sgarrido a�miamigov.com; 305.416.1405) Christopher Brimo, Chief of Land Devel (cbrimo(a),miamigov.com; 305.416.1417) James McQueen, Chief of Staff to Commissioner Keon Hardemon (JMcOueenn,miamigov.com; 305.250.5390; 3500 Pan American Drive, Miami, FL 33133) Cynthia Cruz, Admin to Commisioner Hardemon (CCruzAmiamigov.com) Kiara Garland, Media/Comm Liason (KGarland()a,miamigov.com; 305.250.5394) Rosenny Augustine, Comm Liason (RAugustine@,miamigov.com; 305.250.5391) Francisco Garcia, Planning Director (fgarcia(crniamigov.com) Gary LaFaille, NET Administrator (glafaille(a),miamigov.com; 305.960.4660) Christine Hwa, Hearing Boards (CHwa@a miamigov.com) r MI ►MI 21 ZONING MAP (EXISTING) NW 3RD AVE NW45TH ST NW44THST NW 43RD ST T3-L 1 NW 42ND ST NW 45THST NW 44TH ST 4T4-L c 1 NW 41ST ST NW 40TH ST T3-O L1 i T4-0 T3-L NW 42NDST NW 41ST ST NW 40TH ST Lj 0 150 300 600 Feet ADDRESS: 4201 NW 2 AV Submitted into the public record for item(s) PZ.3. PZ.4 on 02/25/2016, City Clerk. -GdAk\otA goals of the Miami 21 Code to preserve Neighborhoods and to provide transitions in intensity and building heights. Analysis: The subject property has two zoning classifications and the request is seeking to unify the zoning classification for the entire property; the eastem portion is classified T3-L "Sub -Urban Transect Zone - Limited" and the westem portion T4-L "General Urban Center Transect Zone - Limited". The requested rezoning is to T4-O °General Urban Center Transect Zone - Open". Even though the requested zoning change for the eastem portion from T3-L to T4-O proposes a rezoning to the next higher Transect Zone, the new zoning classification allows for more uses and higher Intensity. Appropriate buffers to protect the abutting single-family residential neighborhood to the northeast, east and southeast must be considered. The density as limited by the zoning classification will be increasing from 9 to 38 DU/acre. The requested zoning change for the westem portion, from T4-L to T4-O, proposes a rezoning within the same Transact Zone to a greater intensity while maintain the density in 36 DU/acre. Finding: The request comply with the successional zone transition In density and intensity which is consistent with the goals of the Miami 21 Code. Letters of support Th e applicant submitted letters of support In representation of six (surrounding properties as follow: Address Owner or Owner Representative in support of the application 4215 NW 2 Ave Norman Segall 3930 NW 2 Aver) Alexander Boria 188 NW 44 St 5a Norman Segall 3922 NW 2 Ave Alexander Boria 4301 NW 2 Ave Norman Segall 4151 NW 2 Ave Norman Segall DIA File ID#: 15-00974zc Page 4 of 7 • =r= Novembers._= 2016 Honorable Chair Wilfredo Gort and City Commissioners City of Miami 3500 Pan American Drive Miami, Florida 33133 RE: 4201 NNf 2nd Avenue - ter of Suoor1 Land Use Amendment (Re Id No. 15409741u) Zoning Amendment (File Id No.15-00874ac) Dear Mr. Chair: Submitted into the public record for item(s) PZ.3, PZ.4 on 02/25/2016, City Clerk. Buena Vista Stakeholders Corp. submits this letter in support of the applicant 4201 Design West, LLC, owner of the property located at 4201 NW 2ntl Avenue, Miami, Florida. The purpose of this letter is to express our support for the recommendation of the Planning Zoning and Appeal Board, In its resolution of October 21, 2015, to approve the applications for the land use amendment and zoning amendment, with the modification that the westem portion of the property be rezoned to T4-O, but the eastern portion of the property be rezoned to T4-L. The Owner has worked cooperatively with representatives from Buena Vista Stakeholders Corp. to understand and address our concerns. We believe these applications, as recommended by the Planning Zoning and Appeals Board, will help strengthen the neighborhood - encouraging neighborhood oriented commercial uses along NW 2nd Avenue, while providing an adequate buffer for the residential neighborhood to ensure that any future use or development of the property Is compatible with the neighborhood. Based on the foregoing, we submit this letter of support for the City Commission's approval of the ordinances. Sincetelya Lorena Ramos41. , President Buena Vista Stakeholders Corp. 136577756:I :9cAl‘IYA BuF 3'a i Neighbor rood Association Petition tc Keep Residential uena V:f'ista Resicdent a! Submitted into the public record for item(s) PZ.3. PZ.4 on 02/25/2016, City Clerk. We oppose the proposed change to zoning classification and land use of residential property (T3-L) to commercial property (T4 and above) for the residential portion of the irregularly parceled located next door to 167 W 42nd Street. This parcel clearly intrudes into the residential neighborhood. We do support development of commercial and / or civic on the cuently zoned commercial property along NW 2nd Avenue but not at the cost of diminished quality of life of residents. i SIGNATURE r'61 eirrliou7 PRINTED NAME A pDiQ ESS EMAIL , , YEARS AT RESIDENCE Ili (4-cf i i LA ti 1( i Vie)) 16 /OW,/ it L 5 /- Zer/ -5 30-3 ‘61g8 q 'Yen,p- 1 xr. I✓ c I '/L6. Y// Q i 12..- 3 C' 5 .,li, '—'e--, , ,''c,, -s. v ...:-.1.cLi ALeit17-7 "‘T .) AZ' ,-.C,,i "'i. C2- -7C". '-',1 2c; 1 "fa .c-- -/ ki. ©c r e' QT�la,-•A(..i 1/, z c - I i 1/ Q '- J� L ,�'��W � � '� � � �� flail � �etc.�at iv, :_ i . f7,F F1; . / i-.--(: V G, / . ,. . ' (',7' 7'V /--/1,I , $l: 4 '1 6 (\ -1 - -\ t' Nog L-Z f-tk S 311 Note, •1) s----r L-40 yrs _may (O 2 /// (,, A- • ° rat Submitted into the public record for item(s) PZ` on 02/25/2016, City Clerk. Table 2. Excerpt of Article 4 Table 3 of Mlaml 21 Code (Cont...) CIVIL SUPPORT COMMUNITY SUPPORT FACILITY INFRASTRUCTURE AND UTILITIES NA PUBLIC PARKING SIT FACILITIES EDUCATIONAL CHILDCARE ELEMENTARY SCHOOL LEARNING CENTER MIDDLE / HIGH SCHOOL PRE-SCHOOL RESEARCH FACILITY SPECIAL TRAINING / VOCATIONAL T3 T4 T4 b W W W b W W r W W b W w W E E E E WE E E E R T4 CONCLUSION: The application is for the rezoning of the property located at 4201 NW 2nd Avenue, which currently operates a Day Care facility. The requested rezoning on the portion facing NW 2nd Avenue is the, minimal possible request ,mod the rezoning fof the easten3 f i1I4P wl� unjfv the zoning_ ��� �classjflcation of the property mirroring the existing transition to the south. / LP,- The request complies with the requirements of Mlaml 21 Code, and any future development has to comply with all applicable regulations, specifically Section 9.7 of Mlaml 21 Code entitled "Buffers between dissimilar land uses° The Department of Planning and Zoning recommends approval of the applicants request for a change of zoning as presented. File ID#: 15-00974zc Page 6 of 7 Submitted into the public record for item(s) PZ.3 PZ.4 on 02/25/2016, City Clerk. Submitted into the public record for item(s) PZ.3. PZ.4 on 02/25/2016, City Clerk. Submitted into the public record for item(s) PZ.3. PZ.4 on 02/25/2016, City Clerk.