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Home My WebLink AboutSubmittal-Edward Martos-Request for Intervenor Status• WEISS SEROTA HELFMAN COLE & BIERMAN AT THE CROSSROADS OF BUSINESS, GOVERNMENT & THE LAW June 27, 2019 VIA HAND DELIVERY Honorable Chair and City Commissioners City of Miami 3500 Pan American Drive Miami, Florida 33133 EDWARD MARTOS, ESQ. emartos@wsh-law.com Submitted into the public record fur item(s) PZ. 13 on 06/27/2019 , City Clerk Re: Request for Intervenor Status in File No. 5900 by Judy Santos, Jessica Melendez, and The Emerald at Brickell Condominium Association, Inc. Dear Chairman and City Commissioners: I write on behalf of Ms. Judy Santos, Ms. Jessica Melendez and The Emerald at Brickell Condominium Association, Inc. (the "Association"). Ms. Santos, Ms. Melendez and the Association each hereby request qualified intervenor status in File No. 5900, regarding the proposed upzoning of 240 SE 14 Street (the "Babylon Property''). Ms. Santos, Ms. Melendez, and the Association qualify for intervenor status because each of their interests in the proceeding are adversely affected in a manner greater than those of the general public. This is evident given that: 1. Ownership of Abutting Property. The City Commission has consistently held that the owners of property immediately abutting the site of a proposed rezoning has an interest sufficiently greater than those of the general public to qualify for intervenor status.2 Ms. Santos and Ms. Melendez's homes each abut the Babylon Property. The Association is responsible for the management, control and defense of the Emerald Condominium property and the property of its 142 unit owners. 2. Character of the Neighborhood; Type of Change. The Babylon Property is part of a unique neighborhood —a lower intensity oasis in the middle of a big city financial district. This request is made pursuant to Miami 21, Section 7.1.4. See, Files 1030 and 1031, October 27, 2016 (Abutting owner granted intervener status); Files 1032 and 1033. October 27, 2016 (Same); File 3706, May 24, 2018 (Owner within 60 feet of subject property granted intervener status); File 2229, February 22, 2018 (Owner within 500 foot notice radius granted intervener status); File 4856, October 25, 2018 (Abutting condo association granted intervener status); see also Renard v. Dade County, 261 So.2d 832 (Fla. 1972); Paragon Group Inc. v Hoeksema, 475 So.2d 244 (Fla. 2d DCA, 1985) (Property owner across street from property had standing to challenge zoning); Elwyn v. City of Miami, 113 So.2d 849 (Fla. 3d DCA 1959) (property owners whose property values would be adversely affected by variance granted to adjacent property owner had standing to challenge the validity of the granted variance), cert. denied, 116 So.2d 773 (F1a.1959), approved Renard 261 So.2d at 836. 2525 Ponce de Leon Blvd., Suite 700, Coral Gables, FL 33134 1305-854-0800 www.wsh-law.com 5% -\)b N\-0\- U\00,4 eq \Jo\ t $(5 ,\-$s Submitted into the public record for item(s) PZ. 13 on 06/27/2019 , City Clerk Honorable Chair and City Commissioners June 27, 2019 That neighborhood guarantees light, sea air, and an open feeling for its residents and also nearby Brickell Avenue. The proposed rezoning would upending the neighborhood by allowing development on the same scale found all along Brickell Avenue. 3. Adverse Impacts. Living and owning property immediately next door to the Babylon Property means that Ms. Santos, Ms. Melendez, the Association, and all unit owners at the Emerald Condominium will experience the adverse impacts of the proposed rezoning — including but not limited to increased traffic and noise, reduced sunlight and air, and severely damaged property values. 4. Public Notice. Ms. Santos, Ms. Melendez and the Association's property is within the area Miami 21 requires to be noticed. In accordance with Miami 21, the Association received notice on its behalf and behalf of all of the Emerald Condominium's unit owners. 5. Type of Application. Miami 21 was adopted to address dramatic increases in zoning that were common under the former zoning code and frequently upended neighborhoods. Miami 21 answered that threat by guaranteeing that all future rezoning applications would be "successional." In other words, an application could never increase zoning by more than one level of intensity. Miami 21 also responded by requiring that property owners wait 18 months between applications to upzone a property. Miamians were promised that these The above guarantees meant that Ms. Santos. Ms. Melendez, and the Association's unit owners could purchase their homes with the assurance that the abutting property, and most of their neighborhood would be free from dramatic upzoning. Now, the owner of Babylon Property seeks to increase its zoning by more than FIVE levels of intensity (from T6-8 to T6-48). Accordingly, granting the application to upzone the Babylon Property would adversely impact Ms. Santos, Ms. Melendez, and the Association's unit owners to a degree greater than the general public. Accordingly, please qualify Ms. Santos, Ms. Melendez, and the Association intervener status. cc: Victoria Mendez. Esq. Barnaby Min, Esq. Todd Hannon Melissa Tapanes Llahues, Esq. Sincerely. 1-4-4•1-40() A-14-1 t, Edward Martos, Esq. 2 of 2 WEISS SEROTA HELFMAN COLE & BIERMAN At n❑ Caossaoeps of Busivi w, Gvot kw, 1nT & TM Law 6/26/2019 Property Search Application - Miami -Dade County OFFICE OF THE PROPERTY APPRAISER Summary Report Property Information Folio: 01-4139-095-0420 Property Address: 218 SE 14 ST UNIT: 1403 Miami, FL 33131-3325 Owner JUDY SANTOS &H JORGE LUIS NEGRIN Mailing Address 218 SE 14 ST #1403 MIAMI, FL 33131-3326 PA Primary Zone 6407 HIGH DENSITY MIX USE Primary Land Use 0407 RESIDENTIAL - TOTAL VALUE : CONDOMINIUM - RESIDENTIAL Beds / Baths / Half 2 / 2 / 1 Floors 0 Living Units 1 Actual Area Sq.Ft Living Area 1,298 Sq.Ft Adjusted Area 1,298 Sq.Ft Lot Size 0 Sq.Ft Year Built 2006 Assessment Information Year 2019 2018 2017 Land Value $0 $0 $0 Building Value $0 $0 $0 XF Value $0 $0 $0 Market Value $381,232 $401,297 $418,018 Assessed Value $188,698 $185,180 $181,372 Benefits Information Benefit Type 2019 2018 2017 Save Our Homes Cap Assessment Reduction $192,534 $216,117 $236,646 Homestead Exemption $25,000 $25,000 $25,000 Second Homestead Exemption $25,000 $25,000 $25,000 Note: Not all benefits are applicable to all Taxable Values (i.e. County, School Board, City, Regional). Short Legal Description THE EMERALD AT BRICKELL CONDO UNIT 1403 UNDIV 0.83060% INT IN COMMON ELEMENTS OFF REC 24468-2002 Generated On 6/26/2019 Taxable Value Information 2019 2018 2017 County Exemption Value $50,000 $50,000 $50,000 Taxable Value $138,698 $135,180 $131,372 School Board Exemption Value $25,000 $25,000 $25,000 Taxable Value $163,698 $160,180 $156,372 City Exemption Value $50,000 $50,000 $50,000 Taxable Value $138,698 $135,180 $131,372 Regional Exemption Value $50,000 $50,000 $50,000 Taxable Value $138,698 $135,180 $131,372 Sales Information Previous Sale Price OR Book- Page Qualification Description 05/01/2007 $0 25620- 1089 Sales which are disqualified as a result of examination of the deed 08/01/2006 $397,955 24822 2092 Sales which are qualified Submitted into the public record for item(s) PZ. 13 on 06/27/2019 , City Clerk The Office of the Property Appraiser is continually editing and updating the tax roll. This website may not reflect the most current information on record. The Property Appraiser and Miami -Dade County assumes no liability, see full disclaimer and User Agreement at http://www.miamidade.gov/info/disclaimer.asp Version: 6/26/2019 Property Search Application - Miami -Dade County f OFFICE OF THE PROPERTY APPRAISER Summary Report Property Information Folio: 01-4139-095-0930 Property Address: 218 SE 14 ST UNIT: 1406 Miami, FL 33131-3325 Owner JESSICA M MELENDEZ Mailing Address 218 SE 14 ST 1406 MIAMI, FL 33131 USA PA Primary Zone 6407 HIGH DENSITY MIX USE Primary Land Use 0407 RESIDENTIAL - TOTAL VALUE : CONDOMINIUM - RESIDENTIAL Beds / Baths / Half 1 / 1 / 0 Floors 0 Living Units 1 Actual Area Sq.Ft Living Area 856 Sq.Ft Adjusted Area 856 Sq.Ft Lot Size 0 Sq.Ft Year Built 2006 Assessment Information Year 2019 2018 2017 Land Value $0 $0 $0 Building Value $0 $0 $0 XF Value $0 $0 $0 Market Value $211,377 $273,804 $285,212 Assessed Value $211,377 $273,804 $220,250 Benefits Information Benefit Type 2019 2018 2017 Non -Homestead Cap Assessment Reduction $64,962 Note: Not all benefits are applicable to all Taxable Values (i.e. County, School Board, City, Regional). Short Legal Description THE EMERALD AT BRICKELL CONDO UNIT 1406 UNDIV 0.50630% INT IN COMMON ELEMENTS OFF REC 24468-2002 Generated On : 6/26/2019 Taxable Value Information 2019 2018 2017 County Exemption Value $0 $0 $0 Taxable Value $211,377 $273,804 $220,250 School Board Exemption Value $0 $0 $0 Taxable Value $211,377 $273,804 $285,212 City Exemption Value $0 $0 $0 Taxable Value $211,377 $273,804 $220,250 Regional Exemption Value $0 $0 $0 Taxable Value $211,377 $273,804 $220,250 Sales Information Previous Sale Price OR Book- Page Qualification Description 08/16/2017 $100 30665-0025 Corrective, tax or QCD; min consideration 12/01/2007 $292,500 26132-1078 Sales which are qualified 07/01/2006 $271,900 24824-3643 Sales which are qualified The Office of the Property Appraiser is continually editing and updating the tax roll. This website may not reflect the most current information on record. The Property Appraiser and Miami -Dade County assumes no liability, see full disclaimer and User Agreement at http://www.miamidade.gov/info/disclaimer.asp Version: Submitted into the public record for item(s) PZ. 13 on 06/27/2019 , City Clerk 6/27/2019 Property Search Application - Miami -Dade County OFFICE OF THE PROPERTY APPRAISER Summary Report Property Information Folio: 01-4139-095-0001 Property Address: Owner REFERENCE ONLY Mailing Address PA Primary Zone 6407 HIGH DENSITY MIX USE Primary Land Use 0000 REFERENCE FOLIO Beds / Baths / Half 0/0/0 Floors 0 Living Units 0 Actual Area 0 Sq.Ft Living Area 0 Sq.Ft Adjusted Area 0 Sq.Ft Lot Size 0 Sq.Ft Year Built 0 Assessment Information Year 2018 2017 2016 Land Value $0 $0 $0 Building Value $0 $0 $0 XF Value $0 $0 $0 Market Value $0 $0 $0 Assessed Value $0 $0 $0 Benefits Information Benefit Type 2018 2017 2016 Note: Not all benefits are applicable to all Taxable Values (i.e. County, School Board, City, Regional). Short Legal Description THE EMERALD AT BRICKELL CONDO POINT VIEW SUB PB 2-93 LOTS 6 THRU 8 & N25FT OF OUT LOT 5 BLK 2 AS DESC IN DECL OR 24468-2002 Generated On : 6/27/2019 Taxable Value Information 2018 2017 2016 County Exemption Value $0 $0 $0 Taxable Value $0 $0 $0 School Board Exemption Value $0 $0 $0 Taxable Value $0 $0 $0 City Exemption Value $0 $0 $0 Taxable Value $0 $0 $0 Regional Exemption Value $0 $0 $0 Taxable Value $0 $0 $0 Sales Information Previous Sale Price OR Book -Page Qualification Description The Office of the Property Appraiser is continually editing and updating the tax roll. This website may not reflect the most current information on record. The Property Appraiser and Miami -Dade County assumes no liability, see full disclaimer and User Agreement at http://www.miamidade.gov/info/disclaimer.asp Version: Submitted into the public record for item(s) PZ. 13 on 06/27/2019 , City Clerk