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HomeMy WebLinkAboutSubmittal-Melissa Tapanes-Llahues-Response to Mayoral Veto LetterSubmitted into the public record fr itFm(s) on % City Clerk BGRCOw RADGLL FERNAN DEZ & LARKI N ZONING, 1_ANED USE ANS ENVIRONMENTAL LAW DIRECT LINE: (305) 377-6220 E -Mail: JBercow0brzoninglawcom VIA HAND -DELIVERY September 11, 2019 City of Miami City Commissioners 3500 Pan American Drive Miami, Florida 33133 Re: Response to Mayoral Veto of the City Commission's Rezoning of 240 SF 14 Street, Babvlon International, Inc. Dear City Commissioners: We represent Babylon International, Inc. (the "Applicant") with regard to the rezoning of the property located at 240 SE 14 Street in Miami, Florida (the "Property") We submit this response to Mayor Francis Suarez's veto (the "Veto") of the City Commission's rezoning of the Property from T6 -8-R to T6 -24b-0. After five (5) years and over $1.6 million dollars spent fighting for the proper zoning district, the Veto is an unfounded political tactic, and we hereby ask the City Commission to override the Veto. The Commission should override the Veto because: • The Veto incorrectly categorizes the Applicant's request; • It overlooks the express authority and findings of the City Commission; • It is based on a partial and biased review of the record; • It contradicts itself; and • It violates procedural due process. The Veto message ignores that this rezoning_ is a direct result of an error in the draft Miami 21 zoning mans. The Veto message starts with the adoption of the professional recommendation of the City staff yet does not take into account that even the professional staff found that the current zoning on the Property is improper and was a mistake emanating from the adoption of Miami 21. It is undisputed that under the prior Zoning Code, Ordinance 11000, the Property was zoned "O" for Office. However, all of the draft maps utilized during the community SOUTHEAST FINANCIAL CENTER - 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 - MIAMI, FLORIDA 33131 n PHONE. 305.374.5300 - FAX. 305.377.6222 - WWW.BRZONINGLAW.COM �y�� - b��,� �- Me��✓ i��c�v��5- � �nve� - I ���a�se �IUyorc�l �� ; LJzc Submitted into the public cord for item(s) M\(, � City of Miami City Commissioners record Clerk September 11, 2019 on Page 2 of 7 outreach and public hearing process in consideration of the adoption of Miami 21 incorrectly marked the Property as "R-4" Multifamily Residential.' This error led to the Property being downzoned to T6 -8-R when Miami 21 was enacted. Since 1983 the Property was treated differently than those that front Brickell Bay Drive. The City of Miami Neighborhood Comprehensive Plan Future Land Use Map, the Residential Density Increase Area, and the Brickell Established Setback Area, all group the Property with the properties to the north and west. Those other properties are all zoned T6 -48A-0 as a result of enactment of Miami 21. During the introduction and passage of Miami 21, the Property was improperly grouped with the properties fronting Brickell Bay Drive that were zoned R-4, and so included in the T6 -8-R Transect. Staff has recognized this error from 2014 to the present, and the Applicant requested this rezoning to correct it. The City Commission's rezoning of this Property also recognized this error yet still provided for a transition in zoning districts by approving T6-24-0. Comparing the prior and current zoning code is speculative, like comparing apples -to -oranges. There are some regulations that cannot be compared. However, there are two major factors that can clearly be compared, were compared on the record, and justify the Property's T6 -24b -O zoning: height and uses. Under Ordinance 11000, the Property had unlimited height. As the Applicant demonstrated, the Property is not buildable above the eighth story due to Miami 21 setback regulations. Maintaining the Veto will fail to restore the unlimited height (or any height over eight stories) under Ordinance 11000. Ordinance 11000 also permitted non- residential uses on the Property, such as office. Without the zone change approved by the Commission, the Property is restricted to residential uses. Both factors deprive the Property of significant rights. The Applicant presented evidence of these differences on the record, they were considered by this Commission, and merit overriding the Veto. In summary, the Veto fails to address the corrective nature of the Applicant's rezoning request properly. The Veto message fails to address the exv_ rens authority granted to the Citv Commission to correct mavving errors. According to Section 7.1.2.81, the Planning, Zoning and Appeals Board ("PZAB") must show that it considered and studied the application with regards to (a) the goals, objectives, and policies of the Comprehensive Plan, and (b) the need and justifications for the change. For re -zonings particularly, the PZAB must consider the following criteria: 1 Draft Miami 21 Zoning Atlas Maps are available online at httv://www.ndanid2l.org,/zoninizatIas East Archives.asv B GRCOW RADELL F roRNAN DEZ & LARKI N ZONINO. LANG USE AND ENVIRONMENTAL 4AW City of Miami City Commissioners September 11, 2019 Page 3 of 7 Submitted into the public record f r, itr(s) M� , on / " :, s City Clerk "a change may be made only to the next intensity Transect Zone or by a Special Area Plan, and in a manner which maintains the goals of this Miami 21 Code to preserve Neighborhoods and to provide transitions in intensity and Building Height." This code section is expressly intended to address the City's growth and evolution over timet. By contrast, the Babylon rezoning is intended to correct a mapping error dating back to when Miami 21 was adopted. Section 2.2.5.2 of Miami 21 recognizes that the City Commission has the authority to take corrective action in zoning matters. Specifically, Section 2.2.5.2 provides that "where a Transect Zone designation is not indicated for an area in the Miami 21 Atlas, the area shall be construed to be zoned as the most restrictive Abutting Zone, until corrective action shall be taken by the City Commission." This provision grants the City Commission the power to correct errors where a property has no effective Miami 21 zoning Transect. Due to a lack of procedural due process the Property effectively does not have a Miami 21 zoning designation. Since the Miami 21 rezoning failed to provide the Property with a legal zoning designation, Miami 21 expressly grants the City Commission authority to correct zoning atlas errors without regard to successional zoning for properties such as the Babylon. The Planning Department's recommendation and the Veto message fall short in addressing the mapping correction and the process to correct mapping errors pursuant to Miami 21. This analysis was considered and studied at length during the PZAB hearing on May 1, 2019, and two separately noticed City Commission hearings on June 27, 2019 and July 25, 2019.3 In Ordinance 13855, the City Commission expressly found that adoption of Miami 21 was a denial of due process as applied to the Property, and the rezoning to T6-2413-0 is a corrective action that maintains the goals of the Miami 21 Code to preserve neighborhoods and provide transitions in intensity and building height. The Mayor's reasoning for the Veto is not based on the correct application of the law and is merely the substitution of his judgment and desires based on the neighbors' intensive lobbying 4 The Veto is based on a vartiai and biased review of the record. The Mayor was not present at any part of the discussions at the three public hearings where this rezoning request was considered. He did not state that he has read Z Section 7.1.2.8g.2 of Miami 21 allows the City Commission to approve a rezoning to a less intense transect zone than requested. If all rezonings were to address growth and were limited to the next intensity Transect Zone, there would be no need for this authority to City Commission to approve a less intense transect. 3 Ordinance record available online at htto://miamifl.iom2.com/Citizens/Detail LeeEile.asvx?II-5900&hiQhlisthtTerms-5900. 4 We note that the Mayor's Special Counsel, Eddy Leal, is an owner in a neighboring building and has publicly and privately strongly opposed this rezoning. BERCOW RADcLL FcRNANDEZ & LARKIN ZONINO. LAND USE ANM LNVIIiONMENTAL LAW City of Miami City Commissioners September 11, 2019 Page 4 of 7 Submitted into the public record fqr it (s) Av.'i on �� / j i{ City Clerk the entire record. At his press conference on August 2, 2019, the Mayor stated that he based the Veto solely on the record, but referenced his time as a City Commissioner and listed people in support of the Veto who were not present at any of the hearings and did not speak on the record. The Veto states that "[tlhis professional recommendation was supported by the evidence presented at the July 25, 2019 Commission Meeting, the remarks of the District Commissioner for the surrounding neighborhood, and an overwhelming majority of the neighbors surrounding Babylon" Clearly, the Mayor's Veto ignores two (2) prior public hearings, on May 1, 2019 and June 27, 2019, the remarks of four (4) voting Commissioners, and the Applicant's presentation. The Mayor added that he is protecting people's quality of life because that was part of his platform running for Mayor. With this, he showed that the Veto is based on political concerns: it was heavily influenced by people who did not testify before the City Commission, denying both the Applicant and the City Commission the opportunity to question these people and understand the basis for their opposition, and whether that opposition is based on factors not consistent with the City Code. The Veto is contradictory and conclusory. The supposed impact on the neighbors, espoused by the Mayor, is unfounded. The Mayor provided no evidence that showed how a theoretical development at this site would impact the quality of life of the Brickell neighborhood. In fact, the Property's density is exactly the same for T6-8, T6-12, T6-24, and T6-48: 500 dwelling units ver acre15 The Planning Department's recommendation notes that this is where the most intensity and highest density are intended to be located in the City. At the Mayor's press conference, he stated that Brickell is the "densest, highest populated part of the City. It has plenty of zoning capacity, and by -the -way will continue to grow." The Mayor failed to note that the Property would have the same density, and thus the same impacts, regardless of whether it is zoned T6-24 as the Commission approved, T6-12 as the Planning Department recommended, or the result of the Veto at T6-8. As stated in the Planning Department's recommendation and the Veto message, the Property has always been a transitional space between the properties that face SE 14 Street and those that face Brickell Bay Drive. The T6-12 Transect is not transitional. Practically, it limits the Property to the same capacity as the T6-8 Transect, denying the Applicant's property rights as discussed above. The Veto states that T6-24 is out of scale with the remaining zoning in the immediate area. All of the properties to the north and east are zoned T6-48, which is 5 The Property is located in the Restricted Commercial Future Land Use category and the Residential Density Increase Area. BERCOW RADELL FERNANDEZ 5 LARKIN ZONING, LANG USE AND ENVIRONMENTAL LAW City of Miami City Commissioners September 11, 2019 Page 5 of 7 Submitted into the public record for item(s) on City Clerk significantly more intense than the approved T6-24 Transect. Both T6-48 and the approved T6-24 are consistent with the Future Land Use Map. The neighboring Emerald condominium, home to many of the objectors, has been constructed with 27 stories, three (3) more than permitted under the T6-24 transect.6 The Mayor claims that T6-24 is not compatible with the area, but fails to explain the nuances of the Code and Comprehensive Plan. The Veto also references traffic issues, but cites no traffic analysis. A City-wide issue, such as traffic, that is not supported by evidence cannot be considered competent substantial evidence. Case law is well settled that "traffic congestion is not sufficient justification for the retention of an unsuitable or unreasonable zoning classification," Moreover, since the permitted density under T6-24 is the same as T6-8 or T6-12, there should be no appreciable difference in traffic impacts as a result of the rezoning. The Veto is based on internally contradictory statements and conclusory findings. It leaves the Property with T6 -8R, an admittedly improper zoning transect. The Veto violates the Applicant's vrocedural due process rights. The Veto violates the Applicant's procedural due process in two specific ways: (1) lack of notice for the press conference held in the Mayor's office to announce and discuss the Veto, and (2) a denial of an opportunity to cross examine the objectors who influenced the Mayor and to present evidence to overcome those objectors' objections. As a result, basic fairness has been ignored.8 The Applicant never received notice of the press conference to announce the Veto. The objectors received notice and were given clear instructions on the location and time of the press conference. See Exhibit A, Veto Notice Email. The Mayor afforded himself an opportunity, on a public stage, to present his reasoning and answer questions to expound on the Veto without providing equal opportunity to the Applicant. There was no opportunity for the Applicant to cross-examine the Mayor or those in attendance who the Mayor expressly referenced as supporting his decision. A quasi-judicial decision must be based on the record, a record created in open forum and with opportunity for cross examination and the presentation of opposing evidence. This press conference and the discussions between the Mayor and the objectors cannot be added to the record. 6 It should be remembered that the Property is restricted to twenty-four (24) stories based on a voluntarily proffered Covenant, so in perpetuity the current owner and future owners cannot take advantage of Public Benefits program to exceed this height. 7 See Debes v. City of Key West, 690 So.2d 700,702 (Fla. 3d DCA 1997). B See Jennings v. Dade Cty., 586 So. 2d 1337 (Fla. 3d DCA 1991). BGRCOW RADELL FcRNANDEZ & LARKIN ZONJP44a. LANG U9E A14q ENVIRONMENTAL LAW Submitted into the public City of Miami City Commissioners record f r item(s) i\ 11! September 11, 2019 on ��� i City Clerk Page 6 of 7 Furthermore, it is clear that the press conference was merely an announcement of the Mayor's decision to issue the Veto, and that the veto message itself had already been drafted -- without any notice, and without any opportunity for the Applicant to present evidence or cross examine those who were providing information to the Mayor. Almost immediately following the City Commission's decision, the Mayor began receiving ex - parte emails from the public, with allegations and arguments, requesting that the Mayor exercise his veto authority. See Exhibit B, Requests for Veto. The Mayor did not disclose these emails and the Applicant was denied the opportunity to cross examine the authors of those emails or to present contrary evidence. In short, the Mayor made a decision in a quasi-judicial process without providing any of the due process required for quasi- judicial decision making. This is not the first time a City of Miami Mayor "engaged in ex parte communications ... during the ten day veto period..." See The Viwayans v. City of Miami, 15 Fla. 1. Weekly Supp. 657a (Fla. 11th Cir. Ct. App. Div. May 7, 2008). In that case Mayor Diaz negotiated with the applicant during the veto period to gain additional concessions. The Eleventh Circuit Court held that the Mayor should have discussed the matter ...within the scope of the public quasi-judicial process and required public hearing and notice.... the Mayor's communications all took place after the hearings had concluded, away from public earshot, and therefore violated Petitioner's due process rights... The result of the due process violation in this case -- an actual veto -- is much more egregious than the attempted negotiations in The Viwayans. Mayor Suarez had multiple ex parte communications during the ten day veto period, without required public hearing and notice, and "away from public earshot," and therefore violated due process. Florida law provides that ex -parte communications with the decision makers on quasi-judicial decisions are inherently improper and are presumed prejudicial. There is no exception for a veto of a quasi-judicial decision. The Mayor received numerous emails, and had numerous members of the public in attendance at the August 2, 2019 press conference. The Mayor stated they were there in support of the Veto, which he only would have known if he had previously spoken with them. They stood behind the Mayor and gave the appearance that they too were making this decision. The Mayor dearly accepted input from these neighbors. The Mayor never disclosed these ex -parte communications. It violates due process for the Mayor to base his decision on ex -parte contacts from neighbors who did not testify before the Commission, were not subject to cross examination by the Applicant, and were not required to answer questions from the Commissioners. It violates due process to deny the Applicant an opportunity to present contrary evidence to overcome the statements by the objectors. BERCOW RADELL F`-RNANDEZ & LARKIN ZONING. LANG USE ANO ENVIRONMENTAL LAW City of Miami City Commissioners September 11, 2019 Page 7 of 7 Submitted into the public record f ite7(s) on `� 1, q I. City Clerk The effects of these ex -parte communications are presumed to be prejudicial unless the decision -maker proves to the contrary by competent evidence.9 The Mayoral Veto is a vote by a public official, who has already made a decision, without any process to remove the presumption of prejudice from ex -parte communications.10 It is not possible now to remove the presumption of prejudice of the Veto. The Mayor's Veto, and the manner in which it occurred, denied the Applicant due process and denied the Commission the opportunity to hear from these other neighbors and evaluate their objections. Conclusion. The Veto is a pure political ploy that comes at the expense of the Applicant's property rights. This is a further attempt to bleed the Applicant of time and money, and delay viable use of the Property. For the reasons set forth in this letter, we respectfully request that the City Commission vote to override the Veto, thus reaffirming the corrective action that Miami 21 expressly grants to the City Commission, and restoring rights taken when Miami 21 was enacted. CC: Mayor Francis Suarez City Attorney Victoria Mendez, Esq Melissa Tapanes Llahues, Esq. Thomas Robertson,, Esq. Emily K. Balter, Esq. Francisco Martinez-Celeiro Max Martinez Alicia Garcia 9 Pursuant to Florida Statute Section 286.0115, a municipality may remove the presumption of prejudice from ex -parte communications by establishing a process to disclose ex -parte communications. Disclosures must be made before or during the public meeting at which a vote is taken on such matters, so that persons who have opinions contrary to those expressed in the ex -parte communication are given a reasonable opportunity to refute or respond to the communication. io Those individuals in support of the Veto did not register as Iobbyists, in accordance with Section 2-654 of the City Code of Ordinances, and are not subject to the disclosure requirements, in accordance with Section 2-618 of the City Code of Ordinances. BcRCOW RADcLL FcRNANDGZ & LARKIN ZONING. LANG USE ANO ENVIFIONMENTAL LAW Submitted into theP ub 'c recon ord . 1 ? tet 1 . City Clerk EXHIBIT A From: Irina Leibowitz <irina_leibowitz@hotmail.com> Sent: Thursday, August 1, 2019 6:01 PM To: Abigael Mahony Subject: Fw: GREAT NEWS EVERYONE! Attachments: Veto.pdf CAUTION: This is an email from an external source. Do not click links or open attachments unless you recognize the sender and know the content Is safe. FYI. Thanks for your help. Best From: Emerald at Brickell <manager@emeraidatbrickelicondo.com> Sent: Thursday, August 1, 201912:14 PM To: Irina Leibowitz <irina_leibowitz@hotmail.com> Subject: GREAT NEWS EVERYONEI 3i Emerald at Brickell 218 SE 14th St. Miami, FL 33131 1 J GREAT NEWS EVERYONE! Hello everyone! Tomorrow at 10 AM Mayor Suarez will veto the commission's approval of the Babylon's rezoning request. It is CRITICAL that all residents come to the press conference being held at the mayor's office at City Hall at 10:00 AM to show support for the Mayor and his veto. The cameras will be there, so we need to show significant numbers of support. No one has to speak, you just need to be there and cheer. The Mayor is squarely on the side of the residents and is doing all he can to ensure they are protected. If the veto holds up to the inevitable challenge from the commission, then the Babylon's application is denied and they go back to their original zoning of T6 -8-R and cannot apply for rezoning for another 18 months and will have to start the process all over again. This would be a huge win for us and we would not have to pursue any further legal action. Submitteri ;"tom +>,.. record_tgr ue �, �� on ,/ i i City Clerk Again, we need as many bodies as possible there to show our support. We want to make it perfectly clear that the neighborhood supports the Mayor as much as the Mayor is supporting us. Please call us at 305-416-6046 with any questions or to RSVP. Thank you! Submitted into the pub is on City Clerk ' IAY loam AT (ITY HALL Mayor Francis Suarez will be vetoing the Babylon up -zoning at a press conference on August 2nd and we need to show our support with significant numbers of people. This is huge for us. If the veto stands, the Babylon property will go back to T6 -8-R. So please find time to be there. Submitted into the public record fl 1itq(s) qgMVcity clerk EXHIBIT B From: 1901Emerald < 1901 emerald @gmail.com > Sent: Wednesday, July 31, 2019 10:41 AM To: fsuarez@miamigov.com Subject: Babylon -Veto item PZ -9 from 7/25 Commisioners Meeting CAUTION: This is an email from an external source. Do not click links or open attachments unless you recognize the sender and know the content is safe. SUBJECT. Please Veto item PZ -9 from 7/25 Commissioners Meeting Dear Mayor Suarez, We are writing to ask that you to exercise your right to veto item PZ -9 that passed the second reading at the Commissioners Meeting on July 25th. The up -zoning of the property at 240 SE 14th Street from T6 -8-R to T6-24-130 is in clear violation of the Miami 21 Code. It also goes against the expert recommendation of the City's Planning Department and is in complete contradiction to the wishes of the neighborhood. The commission provided no legal basis for their decision and with this arbitrary passage of non -successional zoning have broken Miami 21 and opened the floodgates to predatory developers to do the same thing around the city. We ask that you to veto this item and uphold the City's own law and protect the quality of life of the residents in this neighborhood and around your city. Best regards, Christian Beyerlein R Submitted into the pub is record f r ite (s) M. on I ( City Clerk 11111111111 11111 111111111111111111111 I 11 1 1 1 1 I II IIIIIIIIIIIII 111111 1 II III 1 From: Enrique Herrero <eherrero@herreroandsons.com> Sent: Wednesday, July 31, 2019 4:16 PM To: fsuarez@miamigov.com Subject: FW: Email Request to Mayor Suarez - Veto PZ -9 (Babylon Item) CAUTION: This is an email from an external source. Do not click links or open attachments unless you recognize the sender and know the content is safe. Emerald at Brickell 218 SE 14th St. Miami, FL 33131 Email Request to Mayor Suarez - Veto PZ -9 (Babylon Item) SUBJECT: Please Veto item PZ -9 from 7/25 Commissioners Meeting Dear Mayor Suarez, We are writing to ask that you to exercise your right to veto item PZ -9 that passed the second reading at the Commissioners Meeting on July 25th. The up -zoning of the property at 240 SE 14th Street from T6 -8-,R to T6 -24 -BO is in clear violation of the Miami 21 Code. It also goes against the expert recommendation of the City's Planning Department and is in complete contradiction to the wishes of the neighborhood The commission provided no legal basis for their decision and with this arbitrary passage of non - successional zoning have broken Miami 21 and opened the floodgates to predatory developers to do the same thing around the city. 1 Submitted into go' record fr ite (s), on Q City Clerk We ask that you to veto this item and uphold the City's own law and protect the quality of life of the residents in this neighborhood and around your city. Best regards, Enrique Herrero (concerned Brickell Bay Area Resident). You are our elected official us the residents of the Brickell Area and need your help. Submitted into the public recordfqr ite}'?(s) . �'J , on I' I / ► y . City Clerk From: Niraj Mehta <niraj.h.mehta@gmail.com> Sent: Wednesday, July 31, 2019 10:11 AM To: fsuarez@miamigov.com Subject: Please Veto item PZ -9 from 7/25 Commissioners Meeting CAUTION: This is an email from an external source. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Mayor Suarez, We are writing to ask that you to exercise your right to veto item PZ -9 that passed the second reading at the Commissioners Meeting on July 25th. The up -zoning of the property at 240 SE 14th Street from T6 -8-R to T6 -24 -BO is in clear violation of the Miami 21 Code. It also goes against the expert recommendation of the CiVs Planning Department and is in complete contradiction to the wishes of the neighborhood. The commission provided no legal basis for their decision and with this arbitrary passage of non -successional zoning have broken Miami 21 and opened the floodgates to predatory developers to do the same thing around the city. We ask that you to veto this item and uphold the City's own law and protect the quality of life of the residents in this neighborhood and around your city. Best Regards, Niraj Mehta, MD Creative Director, Making Moves Universal, LLC Radiation Oncologist, 21st Century Oncology, Miami, Florida Choreographer/Speaker/Writer Submitted Into the public record Irite (s) on C1711, 11 City Clerk From: Pablo Jane Martin <pjanemartin@me.com> Sent: Wednesday, July 31, 2019 10:16 AM To: fsuarez@miamigov.com Subject: Please Veto item PZ -9 from 7/25 Commissioners Meeting CAUTION: This is an email from an external source. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Mayor Suarez, We are writing to ask that you to exercise your right to veto item PZ -9 that passed the second reading at the Commissioners Meeting on July 25th. The up -zoning of the property at 240 SE 14th Street from T6 -8-R to T6 -24 -BO is in clear violation of the Miami 21 Code. It also goes against the expert recommendation of the City's Planning Department and is in complete contradiction to the wishes of the neighborhood. The commission provided no legal basis for their decision and with this arbitrary passage of non -successional zoning have broken Miami 21 and opened the floodgates to predatory developers to do the same thing around the city. We ask that you to veto this item and uphold the City's own law and protect the quality of life of the residents in this neighborhood and around your city. Best regards, Pablo Jane Martin Submitted into the pubic v record f r it m(s) M on I City Clerk From: Regina Koenig <regina_koenig@hotmail.com> Sent: Wednesday, July 31, 2019 2:35 PM To: fsuarez@miamigov.com Subject: PLEASE VETO ITEM PZ -9 FROM 7/25 Commissioners Meeting CAUTION: This is an email from an external source. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Mayor Suarez, We are writing to ask that you to exercise your right to veto item PZ -9 that passed the second reading at the Commissioners Meeting on July 25th. The up -zoning of the property at 240 SE 14th Street from T6 -8-R to T6-24-130 is in clear violation of the Miami 21 Code. it also goes against the expert recommendation of the City's Planning Department and is in complete contradiction to the wishes of the neighborhood. The commission provided no legal basis for their decision and with this arbitrary passage of non -successional zoning have broken Miami 21 and opened the floodgates to predatory developers to do the same thing around the city. We ask that you to veto this item and uphold the City's own law and protect the quality of life of the residents in this neighborhood and around your city. Best regards, Regina Koenig 829-619-0802 Submitted into the public record fr it m(s) Kv, , on 9 717,E q City Clerk From: Ramesh Tipirneni <ramtneni@icloud.com> Sent: Friday, August 2, 2019 5:53 AM To: fsuarez@miamigov.com Subject: Please Veto item PZ -9 from 7/25 Commissioners Meeting CAUTION: This is an email from an external source. Do not click links or open attachments unless you recognize t e sen,, er and know the content is safe . , „ 1 11 SUBJECT.- Please Veto item PZ -9 from 7/25 Commissioners Meeting Dear Mayor Suarez, We are writing to ask that you to exercise your right to veto item PZ -9 that passed the second reading at the Commissioners Meeting on July 251h. The up -zoning of the property at 240 SE 14th Street from T6 -8-R to T6 -24 -BO is in clear violation of the Miami 21 Code. It also goes against the expert recommendation of the City's Planning Department and is in complete contradiction to the wishes of the neighborhood. The commission provided no legal basis for their decision and with this arbitrary passage of non - successional zoning have broken Miami 21 and opened the floodgates to predatory developers to do the same thing around the city. We ask that you to veto this item and uphold the City's own law and protect the quality of life of the residents in this neighborhood and around your city. Best regards, Ramesh Tipirneni Resident and owner of apartment on 218 SE 14th street, 33131 Submitted into the public record f r it (s) on I City Clerk From: Silvia Soto Avella <spsotoave@gmail.com> Sent: Wednesday, July 31, 2019 10:36 AM To: fsuarez@miamigov.com Subject: Please Veto item PZ -9 from 7/25 Commissioners Meeting CAUTION: This is an email from an external source. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Mayor Suarez, I, Silvia Soto, resident of 218 SE 14TH St (33131), am writing to ask that you to exercise your right to veto item PZ -9 that passed the second reading at the Commissioners Meeting on July 25th. The up -zoning of the property at 240 SE 14th Street from T6 -8-R to T6 -24 -BO is in clear violation of the Miami 21 Code. It also goes against the expert recommendation of the City's Planning Department and is in complete contradiction to the wishes of the neighborhood. The commission provided no legal basis for their decision and with this arbitrary passage of non -successional zoning have broken Miami 21 and opened the floodgates to predatory developers to do the same thing around the city. I ask that you please veto this item and uphold the City's own law and protect the quality of life of the residents in this neighborhood and around your city. Best regards, Silvia Soto Avella Submitted into the pub is record fi itym(s) � on 9/ 1 L/ 1 q City Clerk From: Lourdes Delgado <cmpea@me.com> Sent: Wednesday, July 31, 2019 10:14 AM To: fsuarez@miamigov.com Subject: Please Veto item PZ -9 from 7/25 Commissioners Meeting CAUTION: This is an email from an external source. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Mayor Suarez, We are writing to ask that you to exercise your right to veto item PZ -9 that passed the second reading at the Commissioners Meeting on July 25th. The up -zoning of the property at 240 SE 14th Street from T6 -8-R to T6 -24 -BO is in clear violation of the Miami 21 Code. It also goes against the expert recommendation of the City's Planning Department and is in complete contradiction to the wishes of the neighborhood. The commission provided no legal basis for their decision and with this arbitrary passage of non -successional zoning have broken Miami 21 and opened the floodgates to predatory developers to do the same thing around the city. We ask that you to veto this item and uphold the City's own law and protect the quality of life of the residents in this neighborhood and around your city. Best regards, Lourdes M. Delgado cmneana.me.com (305) 903-4191 Submitted into the public record for�Dlq m(S) on a1 I City Clerk From: Jorge luis Negrin <nglsimpleart@icloud.com> Sent: Wednesday, July 31, 2019 7:44 PM To: fsuarez@miamigov.com Subject PZ -9. Veto CAUTION: This is an email from an external source. Do not click links or open attachments unless you recognize the sender and know the content is safe. Veto the Babylon please. Sent from my iPhone Submitted into the public record for item(s) my , on / City Clerk 11 1 1111 1 oil 11111 11 1111 1 m1 1 111111 From: Suarez, Francis (Mayor) <fsuarez@miamigov.com> Sent: Friday, August 2, 2019 10:14 PM To: David Eskra Subject: Re: I support your Veto Ty David. Francis Suarez Mayor City of Miami 3500 Pan American Drive Miami, FL 33133 305-250-5300 fsuarez miamigov.com On Aug 2, 2019, at 9:42 PM, David Eskra <davideskranq,gmail.com> wrote: CAUTION: This Is an email from an external source. Do not click (inks or open attachments unless you recognize the sender and know the content is safe. Dear Mr. Mayor, Just want to say as I resident of Miami (the Roads) I fully support your Veto of the development at the Babylon Apt building. The proposed project, as you note, is completely out of character with the neighborhood. Good call. Sincerely, David Eskra I