HomeMy WebLinkAboutSubmittal-Adele Myers-Letter and EmailTwenty-one Days Behind Closed Doors
Submitted into the public
recur o 'tm s)
on
City Clerk
My name is Adele Myers. My address is 4360 Lennox Drive, I am on faculty at New World
School of the Arts. I am commenting on PH3,
I support responsible development that follows the code. I sincerely appreciate the initial efforts
by the city to send the Battersea development through the warrant process.
For example:
On Oct. 29, 2015 Assistant City Attorney, Amanada Quirke replied to the City Attorney via
email:
(quote) „I spoke to Javier today. 1 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 tin -platted lot
that has had a house an it for more than 50 years, It is a building site. And no building site
shall be diminished in the NCD3 without a warrant." (end quote)
The next day, on Oct. 30th, 2015 Assistant City Attorney, Daniel Goldberg also replied:
(quote)"Amanda and I have discussed this extensively and 1 agree with her assessment.
They are trying to get out of the NCD3 Warrant Requirement for diminishing in size any
building site in existence since 2005. The tin -platted land has a house on it. so its a building
site. Furthermore, the house is old enough that the un-platted land was conveyed in that
configuration prior to September 1946, so it falls into the platting exception - IT'S A
BUILDING SITE." (end quote)
Twenty-one days later, Daniel Goldberg completely reversed his decision after emphatically
stating that the developers were trying to "get out of" the warrant process. The optics of this
reversal does not look right.
Given the clear message from TWO Assistant City Attorney's initial decisions and backed up
by section 55-10 Battersea development should go through the warrant process.
Commissioners, please deny the approval of the plat and send Battersea development
through the warrant process.
\ow\-r),\0^4'0, Alyea
Subtnitted into the p is
record fir ire
on I r City Clerk
District 2 Office
Frorn: Goldberg, Daniel S.
Sent: Friday, November20, 2015 2:48 PM
To: jvazquez@bergersincgerman.coin
Cc: Mendez, Victoria; Min, Barnaby; Quirke, Amanda L.; Ellis, Jacqueline; Grime, 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, 2D05 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) orstructure(s)
is located on one or more platted lots or portions thereof, such lots shall thereafter constitute only one building site and
no permit shall be issued for the construction of more than one single-family residence except by Warrant."
Though there was a single family home on the site, the land was unplatted and therefore did not constitute a building
site under the NCD-3 overlay.
This was done on at least one other t-plat of unplatted land. For the sake of consistency, we are recommending not
applying the Warrant requirement to unplatted land in NCD-3. it still applies to platted lots, including any case where
the applicant submits a t-plat to reptat partially platted land and partially unplatted land,
As your Battersea t-plat is only unplatted lands, a Warrant is not required.
Thank you.
Daniel S. Goldberg, Assistant City Attorney
City of Miami Office of the City Attorney
Telephone: 305-116.1S59
Facsimile: 305-416-1801
deoldbergP m is rn ieov.com
Assistant: Aida Garcia 13ta5)416.1815
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f r it s
Submitted into the public
record f r s
on gltiZ. llb)
City Clerk
From: Goldberg, Daniel 5.
Sent: Friday, October 30, 2015 5:10 PM
To: Mendez, Victoria; Gomez, Marta
Cc: Quirke, Amanda L.
Subject: RE: Battersea
Amanda and I have discussed this extensively and I agree with her assessment. They are trying to get out of the NCD-3
Warrant requirement for diminishing in size any building site in existence in 2005. The unplatted land has a house on it,
so it's a building site. Furthermore, the house is old enough that the unplatted land was conveyed in that configuration
prior to September 1946, so if it fails into the platting exception it's a building site.
Daniel 5. Goldberg, Assistant City Attorney
City of Miami Office of the City Attorney
Telephone: 305-416-1859
Facsimile: 305-416-180]
clecildberg@miarnigov.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 a -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 vacs
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: Friday, October 30, 2015 4:23 PM
To: Gomez, Marta
Cc: Quirke, Amanda L.; Gus De Ribeaux; Paul 5 Figg; Javier L. Vazquez; Goldberg, Daniel 5.
Subject: Re: Battersea
Have goldberg come up to speed with alternatives and we can still meet without .Amanda. Thx.
Victoria Mendez: City Attorney
City of Miami
On Oct 30, 2015, at 4:05 PM, Mendez. Victoria <VMendez n]iamieov.corn> wrote:
Yes. I think Amanda is out of town. Checking.
Victoria Mendez, City Attorney:
City of Miami
Submitted into the public
record for item(s) PH.4 & NA,3
on 09/08/2015. City Clerk
On Oct 30, 2015, al 4:03 PM, Javier L. Vazquez<.Wazquez(iihereersiinaerntan.corn wrote:
cn.
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Please consider the environment before printing this e-mail.
From: Javier L. Vazquez [maitto)Vaz uez%bergerslnoern fan.comj
Sent: Friday, October 30, 2015 4:03 PM
To: Mendez, Victoria
Cc; Quirke, Amanda L.; Gomez, Marta; Gus De Ribeaux; Paul S Figg
Subject: Re: Battersea
- Submitted into the publicOIN
record f r ite T D i n
on City Clerk
We have a meeting set with you for next week on Wed morning to discuss this matter. My
colleague Paul Figg will belonging Inc as will my client Gus DeRihcaux
Sent from my iPhone
Javi Vazquez, Esq
Berger Singemman
On Oct 30, 2015, at 3:56 PM, Mendez, Victoria <VMendezPmiamignv.corn> wrote:
Javier
We are having a hard time on this. Let's talk neat week.
Victoria Mendez, City Attorney
City of Miami
On Oct 30, 2015, at 3:55 PM, Mendez, Victoria <\rMendez }miarnigriv,com>
wrote:
Victoria Mendez, City Attorney
City of Miami
On Oct 29, 2015, at 2:15 PM, Quirke, Amanda L.
<alnuirke(a?rnianigov.corn> wrote:
I spoke to Javier today. I reviewed this issue at
length with Planning and Zoning to see if we could
get to the seine interpretation, but we could
not. This is an unplatted lot that has had a house on
it for more than 50 years. It is a building site, and
no building site shall be diminished in the NCD3
without a warrant.
From: Mendez, Victoria
Sent: Saturday, October 24, 2015 12:04 AM
To: Quirks, Amanda L.
Subject: Fwd: Battersea
Can you call Javier in This and see how we can
figure out
Victoria Mendez, City Attorney
2
Submitted into the Public
record for item(s) PH.4 & NA.3
on 09/08/2016, City Clerk