HomeMy WebLinkAboutSubmittal-Geoffrey Bash-Letter to Commissioners41
July 26th 2018
City of Miami Commission:
Chairman Hardemon
Vice -Chairman Russell
Joe Corollo
Wilfredo Gort
Manolo Reyes
RE: File ID's #1124 & #1125
Gentlemen
Submitted into the public
record for item s) Ct. 5 € t{
on City Clerk
Attached you will find the official withdrawal letter for the land use change and zoning atlas change for 3801
Biscayne Blvd and 455 NE 38th St.
The last paragraph requests of you to waive the normal and customer prohibition period from re -applying for a
future up -zoning.
Please DENY any waiver to the standard applicable procedures.
The surrounding community members have been negatively and financially impacted by this up -zoning application
for more than 10 years and we have not been aware of any progress in the matter since 2015.
Know that the properties have been up -zoned in the past from single family residential before they were up -zoned
to R3 under zoning code 11000 not to mention the special overlay up -zoning provided for along the Boulevard.
Note that application to change the FLUM and Miami Zoning atlas was made possible via an ASSEMBLAGE of
LOTS by the investors' who live in Fisher Island, Pinecrest and Aventura, FL.
We have been completely dear with the investors from the very beginning that our united position from
communities up and down the Boulevard is that the subject properties on both sides of NE 38th St must be
developed within right with no variances.
Respectfully,
9 144? i417/‘1---
Geoffrey Bash
Magnolia Park
NE 39th St.
Miami
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Submitted into the public
record r it m(s) /?a. fa 4
on City Clerk
BERCOW RADELL FERNANDEZ & LARKIN
ZONING, LAND USE AND ENVIRONMENTAL LAW
Direct 305-377-6235
E-Mail: BFernandez(&.BRZoningLaw.com
VIA HAND DELIVERY
July 25, 2018
Ms. Olga Zamora
Planning and Zoning Department
Hearing Boards Section
Miami Riverside Center
444 SW 2nd Avenue, 3rd Floor
Miami, Florida 33130
Re: FILE ID 1124 and 1125 - Voluntary Withdrawal
Dear Ms. Zamora:
This law firm represents 3801 Biscayne Ltd. and 3801 Biscayne Corp. (the
"Applicant") in relation to the above referenced applications (the "Applications")
for a land use change and rezoning for the Properties. This letter shall serve as
formal notice that the Applicant is regretfully, yet voluntarily withdrawing the
pending Applications.
The Applicant's Property consists of two folios, one of which had SD-8
zoning (prior to Miami 21), and which has been continuously used as commercial
property for more than 50 years. Implementation of Miami 21 impacted some 50%
of Applicant's Property by reducing zoning rights that in effect, rendered the
property non -conforming for its present use, and further reduced previously
permitted density and height by as much as 80%, and other allowable
development rights.
Initially, the Applicants sought a rezoning on portions of the Property from
T4 to T5 (still substantially less than the permissible zoning under the prior code),
with the intention of developing a mixed -use commercial and residential project;
and along with the Application, proffered certain covenants, the most significant
of which, was the grant of certain of their lands along the 3801 Street corridor that
would have assured the City land needed for right of way improvements. Such
dedication was to be a prerequisite to any new development on the Property by
the Applicant.
SOUTHEAST FINANCIAL. CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI, FLORIDA 33131
PHONE. 305.374.5300 • FAX. 305.377.6222 • WWW.BRZONINGIAW.COM
Ms. Olga Zamora
July 25, 2018
Page 2
Submitted into the public
record f r ite� (sl QZ . Lt
on 1/ tb 1 l City Clerk
Following submittal of the Applications, and both before and after the
Planning Zoning Appeals Board (PZAB) hearing, numerous neighborhood
meetings were conducted, where many interested parties were invited to voice
their concerns, opinions and suggestions for changes to the Project. In deference
to these parties, and to assuage much of their concerns, the Applicant agreed to
multiple revisions to their plans. These included, but were not limited, reduction
of height, relocation of garage access points, reduction of commercial area square
footage, relocation of commercial areas and the addition of substantial decorative,
structural elements around the project's garage pedestal.
However, subsequent to the last deferral date (January 25, 2018), the
Applicant was approached by another party with interests in the neighborhood.
The ensuing meeting resulted in yet further requests for concessions to materially
modify the Project in order to garner "community" support. Chief among these
was the request to double the amount of land area that the Applicant previously
proffered for Florida Department of Transportation (FDOT) lane expansion, and a
further commitment to reduce the Project's commercial area and density (below
that accorded under the requested T5 zoning) beyond what Applicant had
previously conceded. While the Applicant has conditionally considered these
additional requests, the time needed to properly evaluate these implications from
both an architectural and engineering perspective could not be accomplished in
time for the July 26th commission hearing.
Unable to timely conduct plan revisions to evaluate the efficacy of these
additional "neighborhood" demands of the Project, and the likely prospect of
vigorous opposition and denial for requests of another deferral, the Applicant has
elected effective immediately, to withdraw its Applications. However, the
undersigned would respectfully request that the Commission consider waiving
the applicable prohibition period on the refiling of future applications subsequent
to this withdrawal, to the extent both the Applicant and community might reach
a mutually workable design solution in the near future.
BF/bl
Your time and consideration are appreciated.
Siiyegrely,
en Fernandez
BGRCOW RADELL FERNANDEZ & LARKIN
7_O N1 NG. LA NG. LJSE AN ENVIRONMENTAL LAW
Ms. Olga Zamora
July 25, 2018
Page 3
cc: Commissioner Ken Russel
Emilio Gonzalez, City Manager
Todd B. Hannon, City Clerk
Francisco J. Garcia, Planning Department Director
Jacqueline Ellis, Planner II
Submitted into the public
record f r it m(s) p A 4
on 1f6/ f City CIerk
BERCOW RADELL FERNANDEZ & LARKIN
ZONING, LAND USE AN ID ENVIRONMENTAL LAW