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HomeMy WebLinkAboutSubmittal-David Winker-PowerPoint Presentation on StandingIntervenors Meet Legal Standard for Intervention DAVID J. WINKER, P.A. 305 801 8700 dwin ker@ d wrlc. com Submitted into the public record for item(s) PZ.6 and PZ.7, on 05-27-2021, City Clerk 7226 7232 Submittal -David Winker-PowerPoint Presentation on Standing Submitted into the public record for item(s) PZ.6 and PZ.7, on 05-27-2021, City Clerk What is the Issue? Comprehensive plan/Future Land Use Map amendments that will result in transforming residential lots at 3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue in the West Grove into commercial development Submitted into the public record for item(s) PZ.6 and PZ.7, on 05-27-2021, City Clerk Who wants to Intervene? Residents who live within 500 ft of the subject property AERIAL ePlan ID. PZ-18-337 COMPREHENSIVE PLANNING AMENDMENT N 0 125 250 500 Feet Submitted into the public record for item(s) PZ.6 and PZ.7, on 05-27-2021, City Clerk AUURtSStS: 3227, 3247, 3257, AND 3277 CNARLES AV AND 3256 AND 3270 WILLIAM AV Signed opposition Stirrup owned Non residential Developer managed Subject Property MIAMI 21 Submitted into the public record for item(s) PZ.6 and PZ.7, on 05-27-2021, City Clerk §7.1.4.3(e) Intervenor shall mean a person whose interests in the proceeding are adversely affected in a manner greater than those of the general public. Submitted into the public record for item(s) PZ.6 and PZ.7, on 05-27-2021, City Clerk City of Miami guidance The City of Miami itself has "previously opined that an `aggrieved party' for standing in zoning matters was a resident that lived within 500 feet of the property" to challenge the proposed zoning action." Miami -Dade County v City of Miami, No. 18- 000032-AP-01 (Fla. Cir. Ct., Dec. 3, 2018). adverse affects greater than general public • noise Submitted into the public record for item(s) PZ.6 and PZ.7, on 05-27-2021, City Clerk • traffic near intervenor's homes due to the influx of more cars coming in and out of the property for construction and then hotel use • parking pressure on Charles and William Ave • traffic safety • increased tailpipe emissions due to traffic congestion and waiting cars affecting air quality adverse affects greater than general public Submitted into the public record for item(s) PZ.6 and PZ.7, on 05-27-2021, City Clerk • diminution of value • hotel changes character of neighborhood • depletion of affordable housing options in the neighborhood • displacement of neighbors due to the failure of the Applicant to bring the project into consistency with the housing -related goals and objectives of the Miami Comprehensive Neighborhood Plan adverse affects greater than general public • increase in water displacement and flooding, as permeable land is paved over/covered with impermeable structures • reduction in tree canopy • decreased walkability Submitted into the public record for item(s) PZ.6 and PZ.7, on 05-27-2021, City Clerk Pichette v. City of North Miami, 643 So. 2d 1165, 1166 (Fla. 3d DCA 1994); and Carlos Estates, Inc. v. Dade Cty., 426 So. 2d 1167, 1169 (Fla. 3d DCA 1983). Submitted into the public record for item(s) PZ.6 and PZ.7 on 05-27-2021, City Clerk Interest greater than general public Intervenors live next door to Subject Property and the negative effects are specific to the Intervenors and are "greater than the general interest in community well being." Florida Rock Prop. v. Keyser, 709 So. 2d at 177.