HomeMy WebLinkAboutCo-applicant Withdrawal Letter■
BERCOW RADELL & FGRNAN DEZ
ZCD NJINIC3, LANs USE ANID ENVIRCDNIVIENTAL LAW
DIRECT LINE: (305) 377-6220
E-Mail: JBereow@brzortinglaw.com
VIA HAND -DELIVERY AND E-MAIL
February 17, 2017
Ms. Olga Zamora, Chief
City of Miami Hearing Boards
Miami Riverside Center (MRC)
444 SW 2nd Avenue, 3rd Floor
Miami, Florida 33130
Re: Babylon International, Inc. - Withdrawal of Rezoning Application for the Property
Located at 240 SE 14 Street, Miami, Florida
Dear Ms. Zamora:
This law firm represents Babylon International, Inc. ("Applicant") with regard to
the property located at 240 SE 14 Street in Miami, Florida (the "Property").
On December 18, 2015, the Applicant re -submitted an application for rezoning of
the Property from T6-8-R to T6-48A-O (the "Rezoning"). The City of Miami (the "City")
joined in the Rezoning application as a co -applicant as the Property's classification as T6-
8-R appeared to be a scrivener's error based on the Property's context. We are hereby
confirming that neither the eighteen (18) month nor the twelve (12) month limitations set
forth in Article 7, Section 7.1.2.8.g.6 of Miami 21 are applicable to the Rezoning. Based
on this confirmation, this letter serves as the Applicant's formal withdrawal without
prejudice of the Rezoning application.
Rezoning Application History. The Applicant originally submitted a request to
rezone the Property in June 2014. Following City staff's review of the original application,
City staff determined the T6-8-R classification of the Property was a scrivener's error in
the mapping of Miami 21. Based on that conclusion, the City joined in the application for
the Rezoning of the Property (Legistar File No. 14-00655zc). City staff recommended in
favor of the Rezoning. The City's Planning, Zoning, and Appeals Board ("PZAB")
considered the Rezoning on January 6, 2016. The PZAB recommended denial of the
Rezoning. Thereafter, the Rezoning was scheduled for hearing by the City Commission,
on February 25, 2016, at which time the Rezoning was continued and was not considered.
In March 2016, the Rezoning was "indefinitely deferred," without having been
considered by the Commission. Thereafter, in September 2016, the Rezoning was again
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Ms. Olga Zamora, Chief
City of Miami Hearing Boards
February 17, 2017
Page 2 of 2
"indefinitely deferred" by the Commission, again without consideration of the
application.
Request. Article 7, Section 7.1.2.8.g.6 of Miami 21 provides as follows:
Whenever an applicant has voluntarily withdrawn an
application for rezoning of property during either first or second
reading before the City Commission, the Planning, Zoning and
Appeals Board shall not thereafter consider an application for
the same property for eighteen (18) months from the date of
such action, nor consider an application for any kind of
rezoning of any part or all of the same property for twelve (12)
months from the date of such action.
(Emphasis added). Accordingly, since the City Commission has merely deferred the
Rezoning application and has not yet heard or decided the Rezoning application at first
reading, the eighteen (18) month limitation on further consideration after voluntary
withdrawal provision has not been triggered. Thus, neither the eighteen (18) month
limitation related to the Property, nor the twelve (12) month limitation for any application
including the Property, are applicable. This letter confirms that the foregoing limitations
are not applicable, and in reliance on this confirmation, the Applicant formally
withdraws the Rezoning without prejudice.
Should you have any questions or concerns regarding this letter, please do not
hesitate to phone my direct line at (305) 377-6220. Thank you.
cc: Mayor Tomas Regalado
Victoria Mendez, Esq.
Francisco J. Garcia
Francisco Martinez-Celeiro
Max Martinez
Alicia Garcia
Jacqueline Ellis
Melissa Tapanes Llahues, Esq.
Carli Koshal, Esq.
Thomas Robertson, Esq.
BERCOW RADELL&FERNANDEZ
Z. 0 NI 1 Nam. LAN 17 USE AN ID E NVI F't U. NY ENTA I- LAW