application # z2020000044, page 1...mcdonalds – 601 ne 125 street, miami, fl 33161 taco bell –...

Plan Number: Z2020000044 Description: Liberty Station, Inc. Application Request: Modification of Declaration or Covenant Current Declaration of Restrictions states: (a) The hours of operation of commercial development on the site shall be no earlier than 6 am and no later than 12 am Property owner is requesting to remove the hours of operation from the Declaration of Restrictions and has cited two fast food restaurants for comparison as justification/comparisons for this request. Comparable businesses referenced in Notice of Intent: McDonalds – 601 NE 125 Street, Miami, FL 33161 Taco Bell – 640 NE 125 Street, Miami, FL 33161 Reasons for Opposing the Request for Modification: 1. Although the two fast food businesses referenced by the property owner are within a mile from the applicant’s property, not only are they in a different municipality but, as per the attached photos, they are located in very different areas that cannot reasonably be compared or used as justification for approving this request. As per page three (3) of this document, the McDonalds and Taco Bell are both located in commercial areas, with the nearest homes being several blocks away, separated by a buffer zone of businesses operating within regular business hours. 2. Although the Declaration of Restrictions requires that the property owner place a “No Right Turn sign or the functional equivalent on the Property limiting any proposed egress onto NE 119 th Terrace and design the exit onto NE 119 th Terrace to deter right turns,” as per this wording, this will only serve to limit and deter traffic through our residential neighborhood, not prevent it from occurring. As per the photo on page four (4) of this document, the only other potential entrance/exit onto/from the property is northbound on West Dixie Highway. Patrons who do not wish to travel northbound would be left with no option but to travel through out neighborhood. 3. Past traffic studies requested by neighbors have thus far resulted in speed humps on NE 111 th Street and NE 118 th Terrace, which we are very grateful for. Despite these improvements, we know we still have work to do to address traffic in our neighborhood on other streets that are often used as cut throughs such as NE 4 th Avenue and West Biscayne Canal Drive. As is, the proposed business would increase unwanted traffic through our neighborhood streets between the hours of 6 am and midnight. However, an approval of the requested change to the Declaration of Restrictions would extend this unwanted traffic into the overnight hours, which presents a safety concern to residents. I thank you for all you do and for taking my concerns, as well as those of my neighbors, into consideration as you make this decision. Application # Z2020000044, Page 1

Upload: others

Post on 28-Sep-2020

1 views

Category:

Documents

0 download

Report

Download

Embed Size (px):

TRANSCRIPT

Page 1: Application # Z2020000044, Page 1...McDonalds – 601 NE 125 Street, Miami, FL 33161 Taco Bell – 640 NE 125 Street, Miami, FL 33161 Reasonsfor Opposing the Request for Modification:

Plan Number: Z2020000044Description: Liberty Station, Inc.Application Request: Modification of Declaration or Covenant

Current Declaration of Restrictions states:(a) The hours of operation of commercial development on the site shall be no earlier than 6 am and no later than 12 am

Property owner is requesting to remove the hours of operation from the Declaration of Restrictions and has cited two fast food restaurants for comparison as justification/comparisons for this request.

Comparable businesses referenced in Notice of Intent: McDonalds – 601 NE 125 Street, Miami, FL 33161Taco Bell – 640 NE 125 Street, Miami, FL 33161

Reasons for Opposing the Request for Modification:

1. Although the two fast food businesses referenced by the property owner are within a mile from the applicant’s property, not only are they in a different municipality but, as per the attached photos, they are located in very different areas that cannot reasonably be compared or used as justification for approving this request. As per page three (3) of this document, the McDonalds and Taco Bell are both located in commercial areas, with the nearest homes being several blocks away, separated by a buffer zone of businesses operating within regular business hours.

2. Although the Declaration of Restrictions requires that the property owner place a “No Right Turn sign or the functional equivalent on the Property limiting any proposed egress onto NE 119th Terrace and design the exit onto NE 119th Terrace to deter right turns,” as per this wording, this will only serve to limit and deter traffic through our residential neighborhood, not prevent it from occurring. As per the photo on page four (4) of this document, the only other potential entrance/exit onto/from the property is northbound on West Dixie Highway. Patrons who do not wish to travel northbound would be left with no option but to travel through out neighborhood.

3. Past traffic studies requested by neighbors have thus far resulted in speed humps on NE 111th Street and NE 118th Terrace, which we are very grateful for. Despite these improvements, we know we still have work to do to address traffic in our neighborhood on other streets that are often used as cut throughs such as NE 4th Avenue and West Biscayne Canal Drive. As is, the proposed business would increase unwanted traffic through our neighborhood streets between the hours of 6 am and midnight. However, an approval of the requested change to the Declaration of Restrictions would extend this unwanted traffic into the overnight hours, which presents a safety concern to residents.

I thank you for all you do and for taking my concerns, as well as those of my neighbors, into consideration as you make this decision.

Application # Z2020000044, Page 1