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Home My WebLink AboutSubmittal-Paul Savage-Presentation Packet (2)Submitted into the public record for item(s) PZ.8 and PZ.9 on 05-27-2021, City Clerk City of Miami City Commission May 27, 2020 AlZenda Items PZ#8 and #9; File ID 98076 Miami Design District Retail Street Special Area Plan Second Reading Submitted On Behalf of MacArthur Properties III, LLC Description and Document Item/Page Letter on First Reading Record, May 5, 2021 1. Letter on "Abutting" Properties for Special Area Plan, May 24, 2021 2. Exhibit Board on "Abutting" Properties for Special Area Plan 3. Letter to Planning Director, May 24, 2021 4. Emails with Planning Director, May 26, 2021 5. 879-1, �Sobm(Wl- aulsat e- - rrnekkw load-f-t 015 Submitted into the public record for itern(s) PZ.8 and PZ.9 on 05-27-2021, City Clerk R A S C O KLOCK I N U CL v ATTORNEYS L U � O U RASCO KLOCK I PER EZ N I ETO pp N U Paul C. Savage* O c-I Tel.305.476,7092 E oN Fax 305.675.4689 v 4� I, psavage@rascoklock.com N *FLORIDA BAR BOARD CERTIFIED IN CITY, COUNTY AND LOCAL GOVERNMENT LAW E 40 Ln 0 O 0 May 5, 2021 N o v BY EMAIL Honorable Commissioners, City of Miami City Commission City of Miami 3500 Pan American Drive Miami, Florida 33133 Re: Proposed Changes to the Miami Design District Retail Street Special Area Plan Discussed at City of Miami City Commission Meeting of April 22, 2021 MacArthur's Clarification and Correction of the Record on this Matter Dear Honorable City Commissioners: I am writing on behalf of MacArthur Properties III, LLC ("MacArthur"), the owner of property located at 3701 Biscayne Boulevard in Miami, Florida. My client's property is on the eastern boundary of the renowned Miami Design District, which covers approximately 20 acres. Miami Design District Associates (Delaware) LLC and its affiliated entities who own the properties within the Design District and are represented by Mr. Craig Robbins and legal counsel, seek to enact sweeping changes to the Design District Special Area Plan ("SAP"). These changes include, but are not limited to, the development of 20-story and 36-story towers across the street from MacArthur's property (the "Gateway Sites"). These towers would otherwise be limited to 12 stories without having to provide public benefits, and 20 stories with having to provide substantial public benefits and/or payments to the City under current zoning. Out of concern for adverse impacts to its property, as well as the lack of a proper Traffic Study affecting the entire area surrounding the proposed project, MacArthur formally objects to the proposed changes to the Design District SAP. The Item is expected to come before the City Commission again for Second Reading on May 27, 2021. The purpose of this letter is to counter certain positions and statements made by Mr. Robbins and his counsel about MacArthur during this process, and to provide MacArthur's side of these points, as well as clarify MacArthur's position. Proposal Details Revealed. The changes initially sought included the transfer of density from other parcels within the Design District to the Gateway Sites. Once this proposed change came to light, the applicant withdrew this change by agreeing to no longer transfer density or intensity to the Gateway Sites. The initial proposal also provided for a new definition for certain "Apartment -Hotel" and "Condo -Hotel" units, which would have allowed for doubling the density of these residential units. When the details of this change were revealed during public 2555 PONCE DE LEON BLVD., SUITE 600, CORAL GABLES, FLORIDA 33134 PH: 305.47&7100 FAX: 305.476.7102 WWW.RASCOKLOCK.COM Submitted into the public Honorable Commissioners, City of Miami City Commission record for item(s) PZ.8 and PZ.9 May 5, 2021 on 05-27-2021, City Clerk Page 2 hearing, the Planning Director stated that the applicant proffered to withdraw this new dwelling unit definition. Loss of Valuable Public Benefits. Upon inquiry at public hearing, the City's Planning Director also acknowledged that by proceeding with the proposed 36-story tower height through the current amendment, the applicant will not have to pay approximately $3 to $4 million dollars into City public benefit programs. No Development Maximums or Traffic Study. The public hearing further brought to light that the maximum square footage development capacity for the Design District in the applicable Master Plan / Development Program is now repealed. With this maximum cap on development removed, there is now no stated maximum limit on future development in the SAP by total square feet and uses, as was the case under the Master Plan since the beginning of the SAP. The applicant also claimed that it had conducted a traffic study in support of its proposed zoning changes, and that a trip generation analysis incredibly demonstrated that only 18 additional trips would be generated by the current proposal. In fact, the traffic study relied upon by the applicant was conducted in 2013, and the more recent trip generation analysis uses a total Development Program limit of approximately 3 million square feet of total new building space. As already explained, this overall maximum limitation of the Master Plan / Development Program is repealed, and the current proposal removes the Code text requiring compliance with it. Our analysis is continuing, but without the maximum overall development cap of approximately 3 million square feet imposed by the prior Development Program for this area, the Design District SAP may now allow more than double this amount. Clearly, the 2013 traffic study and recent traffic trip generation analysis are no longer applicable given the total new potential development. Moreover, the prior traffic data contemplated the traffic impact of the proposed 3 million square feet of new development across the entire Design District at that time. The historic traffic data and never envisioned having over a third of that total capacity foisted onto the Gateway / Tuttle Sites. The need for a properly conducted traffic study taking into account the proposed development is crucial, especially here, where the proposed massive development would be located in one of the most heavily congested intersections in the entire City. MacArthur and Its Property Impugned. Rather than addressing these deficiencies, the applicant attempted to impugn MacArthur's integrity by claiming ulterior motives. Mr. Robbins wrongly criticized MacArthur with a purported claim that MacArthur was now being "vindictive" because he had objected (ostensibly altruistically on behalf of the neighbors) to MacArthur's zoning application a few years ago when Mr. Robbins claims MacArthur sought a "massive" rezoning. Contrary to this characterization, the applicable zoning on MacArthur's site both then and now, allows for MacArthur to build a 12-story building without benefits, or a 20- story building with public benefits, as of right. In contrast to the claim of "massive rezoning," MacArthur sought a change that would have allowed it to build a modest four (4) story building containing two (2) stories of commercial use, and two (2) stories for parking. Mr. Robbins also objected to the vacation of an alley on MacArthur's property when the subject alley is used only RASCO KLOCK REREZ NIETO 2555 PONCE DE LEON BLVD., SUITE BOO, CORAL GABLES, FLORIDA 33134 Submitted into the public record for item(s) PZ.8 and PZ.9 Honorable Commissioners, City of Miami City Commission on 0 or ite (s) City Clerk May 5, 2021 Page 3 as part of MacArthur's parking lot and terminates into the parking lot, with no public exit. Meanwhile, Mr. Robbins sought and was granted the vacation of an almost identical alley on the property that he now wishes to develop for himself. Having had its property and development rights impugned, as well as false motivations assigned to it, MacArthur is compelled to correct the factual record surrounding this matter and submits the foregoing for your review and evaluation. All of the statements herein are supported by the attached Exhibit charts with citations to the record and public hearing video time stamp. I welcome any further inquiries that you may have at my telephone number and email above. Sincerely, 3— 9� Paul C. Savage, Esq. cc: MacArthur Properties III, LLC RASCO KLOCK PEREZ NIETO 2555 PONCE DE LEON BLVD., SUITE 600, CORAL GABLES, FLORIDA 33134 Submitted into the public Honorable Commissioners, City of Miami City Commission record for item(s) PZ.8 and PZ.9 May 5, 2021 on 05-27-2021, City Clerk Page 4 EXHIBIT A Chart of Entitlements Initially Sought by the Applicants Initial Attempt Citation Subsequent Change Citation or Clarification The ability to transfer density Proposed Applicant agrees there Before Planning from parcels within the Design District will be no transfer of and Zoning Board; Design District onto the Regulating Plan density or intensity to and before the City "Tuttle North and South" or at FN 1, Page the Tuttle/Gateway Commission "Gateway" Sites located at F.33 Sites Meeting of April 3750 Biscayne Boulevard 22, 2021 at Video and 299 NE 38th Street Time Mark 03:29. Providing for defined Proposed Applicant proffers to Planning Director, "Apartment -Hotel" and Design District withdraw the use of Before the City "Condo -Hotel" units to count Regulating "Apartment -Hotel" and Commission as ".05" of a Dwelling Unit, Plan, "Condo -Hotel" Meeting of April thus allowing for double the Definitions, "completely" 22, 2021 at Video density of these residential § 1.1, Page F.8 Time Mark units 04:32:41 Height allowance up to 20 Planning Director: Planning Director, and 36-stories without normally under T612, Before the City special payment into bonus paid from 12 up Commission affordable housing or other to 20 stories, the cash Meeting of April City bonus programs, as equivalency value up to 22, 2021 at Video would normally be required 36 stories on the Tuttle Time Mark 5:05 for stories higher than 12 South Site, using the $10.81 per square foot cost for above 12 stories would cost approximately $34 million, for the Public Benefits Trust Fund, Affordable Work Force Housing & other programs Please do not require us Applicants, Before to pay this due to the the City valuable public benefits Commission we have already Meeting of April provided 22, 2021 at Video Time Mark 5:09 RASCO KLOCK PEREZ NIETO 2555 PONCE DE LEON BLVD., SUITE 600, CORAL GABLES, FLORIDA 33134 Submitted into the public Honorable Commissioners, City of Miami City Commission record for item(s) PZ.8 and PZ.9 May 5, 2021 on 05-27-2021, City Clerk Page 5 EXHIBIT B Chart of Certain Statements and Positions asserted by Mr. Robbins, his Legal Counsel, or the City of Miami, Followed by Corrections or Clarifications Statement by Mr. Citation Clarification Citation Robbins or City of Miami The Applicant's "Traffic Study" Applicant's "No" Traffic Study was submitted Planning Director, demonstrates that the Counsel, Power for this Application City Commission Amendment will only generate Point, Slide #10, Meeting April 22, 18 additional trips PZAB Hearing 2021 at Time Mark 4:36 "We submitted a Traffic Study." Mr. Robbins, City "No" Traffic Study was submitted Planning Director, Commission for this Application City Commission Meeting April 22, Meeting April 22, 2021 at Video 2021 at Time Mark Time Mark 3:40. 4:36 A two -page traffic "Trip Generation Analysis" was submitted that relies upon a 2013 Traffic Study and the Development Program on Sheet Al. 8 of Concept Book The Development Program on Planning Director, Sheet A 1.8 was repealed City Commission Meeting April 22, 2021 at Time Mark 4:46-48 MacArthur has an "alternative Applicant Counsel, MacArthur supports sensible motive." City Commission development and seeks only fair Meeting April 22, application of the Code as written. 2021 at Video Time Mark 3:59:09. MacArthur is "trying to be Mr. Robbins, City MacArthur supports sensible vindictive now." Commission development and seeks only fair Meeting April 22, application of the Code as written. 2021 at Time Mark 4:00:026 "There is a vital public alley at Mr. Robbins, City The alley is used only as part of [MacArthur's] site." Commission MacArthur's parking lot, and Meeting April 22, terminates into the parking lot with 2021 at Time Mark no public exit. 4:01 RASCO KLOCK PEREZ NIETO 2555 PONCE DE LEON BLVD., SUITE 600, CORAL GABLES, FLORIDA 33134 Honorable Commissioners, City of Miami City Commission May 5, 2021 Page 6 Submitted into the public record for item(s) PZ.8 and PZ.9 on 05-27-2021, City Clerk Statement by Mr. Robbins, Citation Clarification Citation Legal Counsel or City of Miami MacArthur cannot develop a project Mr. Robbins, City MacArthur possesses at its site and "its project can't Commission Meeting valuable development happen" [without vacation of the April 22, 2021 at rights under the City Code. alley on its site] Time Mark 4:01 MacAthur "100%" cannot develop a project on its site [without vacation Mr. Robbins, City Commission Meeting MacArthur possesses valuable development of the alley on its site] April 22, 2021 at rights under the City Code. Time Mark 4:01:50 "The SAP Development Program is Applicant Counsel, The text of the Regulating Planning Director not being repealed, it is being City Commission Plan at §2.1.1 at page F.13 confirms repeal of modified." Meeting April 22, repeals mandatory maximum square 2021 at Video Time compliance with the footage in the Mark 4:51. Development Program on Development Sheet A]. 8 of the Concept Program in Sheet Book. The Regulating A 1.8 of Concept Plan only tracks Civic Book. City Space and removes limits Commission Time on overall development Mark 4:44 capacity. The procedure for obtaining an exceedance in Article VII is being repealed. "We are lessening Residential ... Applicant Counsel, The Master Plan Planning Director, and increasing the amount of Office City Commission Development Program City Commission and Residential. The net result Meeting April 22, with maximum square Meeting April 22, based on the analysis is ... an 18 2021 at Video Time footage according to 2021 at Time Mark vehicle trip." Mark 4:51. certain uses by square foot 4:46-48 formally on Sheet Al. 8 of the Concept Book was repealed RASCO KLOCK PEREZ NIETO 2555 PONCE DE LEON BLVD., SUITE BOO, CORAL GABLES, FLORIDA 33134 Submitted into the public record for item(s) PZ.8 and PZ.9 on 05-27-2021, City Clerk 2 R A S C O ATTORNEYS K L O C K R A S C O I KLOCK I PEREZ I NIETO Paul C. Savage's Tel. 305.476.7092 Fax 305.675.4689 psavage@rascoklocic.com *FLORIDA BAR BOARD CERTIFIED IN CITY, COUNTY AND LOCAL GOVERNMENT LAW May 24, 2021 BY EMAIL Honorable Commissioners, City of Miaini City Commission City of Miami 3500 Pan American Drive Miami, Florida 33133 rn N O 0-U � v 00 a CJ O O � O N +_ r� +' N O u1 O N O O U a, Re: Proposed Changes to the Miami Design District Retail Street Special Area Plan: City of Miami City Commission Meeting of May 27, 2021 The Gateway / Tuttle Sites are Not Lawfully Within the Special Area Plan Dear Honorable City Commissioners: I am writing on behalf of Intervenor MacArthur Properties III, LLC ("MacArthur"), the owner of property located at 3701 Biscayne Boulevard. The pending Amendment to the Design District Special Area Plan ("SAP") includes the special designation of Lots 9 and 10 just north of 1-195 and east of Federal Highway as the "Gateway Sites" or the "Tuttle North" and "Tuttle South" sites. The Gateway Sites are afforded special entitlements under the Amendment, including but not limited to, the ability to construct a 36-story tower on the Gateway Site South. I. Only "Abutting" Parcels Can Be Within the SAP. The Miami 21 Code governing this and other Special Area Plans defines an authorized Special Area Plan as follows: 3.9 SPECIAL AREA PLANS The purpose of a Special Area Plan is to allow parcels greater than nine (9) Abutting acres in size to be master planned so as to allow greater integration of public improvements and Infrastructure, and greater flexibility so as to result in higher or specialized quality building and Streetscape design within the Special Area Plan. The purpose of a Special Area Plan further is to encourage the assembly and master planning of parcels greater than nine (9) Abutting acres in size, in order to provide greater integration of public and private improvements and Infrastructure; to enable Thoroughfare connectivity; to encourage a variety of Building Heights, 2555 PONCE DE LEON BLVD., SUITE 600, CORAL GABLES, FLORIDA 33134 PH: 305.476.7100 FAX: 305.476.7102 W W W.RASCOKLOCK.COM Submitted into the public record for item(s) PZ.8 and PZ.9 Honorable Commissioners, City of Miami City Commission on 05-27-2021, City Clerk May 24, 2021 Page 2 massing and Streetscape design, and to provide high quality design elements, all in order to further the intent of this Code expressed in Article 2. 3.9.1 General The single or multiple owner(s) of Abutting properties in excess of nine (9) acres may apply for a rezoning to a Special Area Plan. §3.1, Miami 21 Code (emphases added). The requirement for nine abutting acres is not a mere technicality, as the surrounding language confirms, it contemplates a "master planned" community and integration of abutting parcels. Id. Moreover, the owners of the real property within the SAP are required to apply as applicants for SAP creation and amendment. Id. II. The Gateway Sites Are Not Abutting the Design District. The parcels designated as "Tuttle North" and "Tuttle South" or "Gateway Sites" by the proposed Amendment do not "abut" any parcels in the Design District. Miami 21's definitional section provides the following definition for "abutting": Abutting: To reach or touch; to touch at the end or be contiguous with; join at a border or boundary; terminate on. Abutting properties include properties across a street or alley. § 1.2, Miami 21 Code. The Gateway Sites are not across a street or alley from the Design District, as they are separated by the privately held Florida East Coast Railway property. This fact is readily established by several sources, including the following aerial exhibit of the subject Gateway Sites provided by the Applicant, with the Florida East Coast Railway property, de-6ansted as "F_F,_C.R_" along the ton of this exhibit of the Gateway / Tuttle Sites: RASCO KLOCK PEREZ NIETO 2556 PONCE DE LEON BLVD., SUITE 600, CORAL GABLES, FLORIDA 33134 Submitted into the public record for item(s) PZ.B and PZ.9 Honorable Commissioners, City of Miami City Commission on 0 or ite (s) City Cl d May 24, 2021 Page 3 As can be seen, the Gateway sites are separated from the rest of the Design District by the property owned by the Florida East Coast Railway. The properties to the north, east and south are not in the Design District, thus the only nexus to the Design District is along the east of the Design District and the west of the Gateway Sites, which are bifurcated by the Florida East Coast Railway private property. The Gateway Sites are simply not part of the contiguous Design District as required for SAP areas under Miami 21. The City's Concept Book further depicts the critical fact that the Gateway Sites are separated and distinct from the Design District by the privately held Florida East Coast Railway, as follows: �1 0 0T MW_ --- 1 ,7j kA. l A►r€Mna MT 1 D,04.13 TOUZET STUDIO 73M DAMEwamEWT T$D.2114 A1.5 w�wps.ta City of Miami, Design District Concept Book at Sheet A2.3. RASCO KLOCK REREZ NIETO 2555 PONCE OE LEON BLVO., SUITE 600, CORAL GABLES, FLORIDA 33134 Submitted into the public record for item(s) PZ.8 and PZ.9 Honorable Commissioners, City of Miami City Commission on 0 or ite (s) City Cl d May 24, 2021 erk Page 4 The Miami -Dade County Property Appraiser map also depicts the property line of the Florida East Coast Railroad property: If the Florida East Coast Railway is in fact a private property owner within the Design District SAP (and it is not), then it would be a formally named as an Applicant for the current Amendment and formal party to the Development Agreement (and it is not). This fact, together with all of the foregoing maps, confirms that the Gateway sites discussed in the Amendment are simply not "abutting" the rest of the contiguous Design District properties within the SAP, as expressly required by the governing Code provisions. For the following reasons, the proposed Amendment language creating new definitions and development rights for the Gateway or Tuttle Sites should be struck or withdrawn as contrary to the applicable Code governing Special Area Plans. Sincerely, Paul C. Savage, Esq. cc: MacArthur Properties III, LLC RASCO KLOCK PEREZ NIETO 2655 PONCE DE LEON BLVD., SUITE 600, CORAL GABLES, FLORIDA 33134 Submitted into the public record for item(s) PZ.8 and PZ.9 on 05-27-2021, City Clerk 3 The Gateway / Tuttle Sites are Not Part of Nine Acres of "Abutting Properties" Required fora Special Area Plan %r f d' �', - r o, Florida East Coast r '+ Railway Corp. RAILWAY A _ NOTa street , r—Ilt :f T j ; r Design District Y......................... � NE eel• _ '` C . C ^"�" 17 r , v Approx.I I FT ,195 0 4� A JI xu' CO Distance Key 100 FT Submitted into the public record for itePn(s) PZ.8 and PZ.9 on 05-27-2021, City Clerk al RA 5 C O I KLOCK N u --,e ATTORNEYS (j CL DO � R A S C O I KLOCK I REREZ I NIETO � U O e-I C Paul C. Savage* E ON Tel. 305.476.7092 v Fax 305.675.4689 N psavage@rascoldock.coni .4� E 40- Lr) *FLORIDA BAR BOARD CERTIFIED IN CITY, COUNTY AND LOCAL GOVERNMENT LAW -0 - O V) i C O O May 24, 2021 a BY EMAIL Jeremy Calleros Gauger, Director Planning Department City of Miami Riverside Center 444 SW 2nd Ave Miami, Florida 33130 Re: Proposed Changes to the Miami Design District Retail Street Special Area Plan: City of Miami City Commission Meeting of May 27, 2021 Outstanding Points for Second Reading Dear Director Calleros Gauger: I am writing on behalf of MacArthur Properties III, LLC ("MacArthur"), an Intervenor and owner of property located at 3701 Biscayne Boulevard. I am writing to request that you confirm or address certain issues discussed at length at First Reading, as follows: • The City's position on the total development capacity within the Design District since the repeal or modification of the Development Program in the Concept Book; • The answer to the Chair's inquiry to be determined between First and Second Reading: how much would the Applicant typically pay for the height bonuses being granted on the Tuttle North Site (from 12 to 20 stories) and the Tuttle South Site (from 12 to 36 stories), that was characterized by you at First Reading as between three and four million dollars; • Confirm whether a full Traffic Study is required, or not required, by the City for the pending SAP Amendment. As to the last question on the required Traffic Study, counsel for the Applicant stated that the Application for SAP Amendment does not require a full Traffic Study. The attached Exhibit shows that for the 2013 SAP Amendment, a full Traffic Study was in fact required. If the governing Code or City policy changed since that time, such that significant development in this area of the City does not require a full Traffic Study, please confirm this information. 2555 PONCE DE LEON BLVD., SUITE 600, CORAL GABLES, FLORIDA 33134 PH: 305.476.7100 FAX: 305.476.7102 WWW.RASCOKLOCK.COM Jeremy Calleros Gauger, Director May 24, 2021 Page 2 Submitted into the public record for item(s) PZ.8 and PZ.9 on 05-27-2021, City Clerk Thank you very much for your prompt attention to this inquiry as this information is necessary for the upcoming hearing on Second Reading. cc: MacArthur Properties III, LLC Sincerely, Paul C. Savage, Esq. EXHIBIT Email From Counsel for the Applicant from 2013 SAP Amendment > On Mar 27, 2013, at 6:29 PM, "Fernandez, Javier (Assoc-Mia)" <javier.fernandez@akerman.com> wrote: >> Carlos: >> Good afternoon. Our firm represents Dacra Design Associates( Del.) LLC and its affiliate entities ("Applicants"). The Applicants are advancing an amendment to the Special Area Plan ("SAP") previously approved on 7/26/2012. The amendment will add approximately 2 acres of land to the assemblage which comprised the initial SAP application. >> As with our prior SAP application, a traffic study is required as part of the submittal. To date, we have prepared the attached traffic study methodology for your review and approval. Upon receipt of confirmation of your agreement with the methodology outlined in the attached letter, Kimley Horn will begin its preparation of the study. Any assistance you could provide in expeditingyour approval of the methodology would be greatly appreciated, as it will ensure that we will have the study available for review and comment by the date of the required Coordinated Review Committee meeting. >> Should you have any questions regarding this request, please do not hesitate to contact me at your convenience. >> Sincerely, >> Javier >> Javier Fernandez >> Akerman Senterfitt I One Southeast Third Avenue 125th Floor I Miami, >> F L 33131 >> Dir: 305.755.5714 1 Main: 305.374.5600 1 Mobile: 305.761.2274 1 Fax: >> 305.374.5095 javier.fernandez@akerman.com >> <201303271819.pdf> > www.akerman.com > CONFIDENTIALITY NOTE: The information contained in this transmission > may be privileged and confidential, and is intended only for the use > of the individual or entity named above. If the reader of this message > is not the intended recipient, you are hereby notified that any > dissemination, distribution or copying of this communication is > strictly prohibited. If you have received this transmission in error, > please immediately reply to the sender that you have received this > communication in error and then delete it. Thank you. > CIRCULAR 230 NOTICE: To comply with U.S. Treasury Department and IRS > regulations, we are required to advise you that, unless expressly > stated otherwise, any U.S. federal tax advice contained in this > transmittal, is not intended or written to be used, and cannot be o? > used, by any person for the purpose of (i) avoiding penalties under U a L > the U.S. Internal Revenue Code, or (ii) promoting, marketing or : °3 > recommending to another party any transaction or matter addressed in this e-mail or attachment. M U ate+ a U O c-i � O O N N }' a- r\ N E O O (n O U O 4 v L 611; Submitted into the public record for item(s) PZ.8 and PZ.9 on 05-27-2021, City Clerk Paul Savage From: Paul Savage Sent: Wednesday, May 26, 2021 4:56 PM To: 'Garcia -Pons, Cesar' Cc: 'Calleros Gauger, Jeremy'; 'Brown, Kemarr'; 'Trone, Sue'; 'Wysong, George K.'; 'PublicRecords'; 'Snow, David'; 'Zamora, Olga'; 'Alvarez, Beatriz'; 'Lee, Erica' Subject: RE: Legislative ID File Nos. 8724 and 8725Proposed Amendment to Miami Design District Retail Street Special Area Plan Dear Cesar, I realized that I needed to clarify one of my questions, in yellow below. Thanks very much again, Paul Cell 786-280-7814 From: Paul Savage Sent: Wednesday, May 26, 2021 2:24 PM To:'Garcia-Pons, Cesar' <CGarciaPons@miamigov.com> Cc: Calleros Gauger, Jeremy <JCallerosGauger@miamigov.com>; Brown, Kemarr <KBrown@miamigov.com>; Trone, Sue <STrone@miamigov.com>; Wysong, George K. <GWysong@miamigov.com>; PublicRecords <PublicRecords@miamigov.com>; Snow, David <dsnow@miamigov.com>; Zamora, Olga <OZamora@miamigov.com>; Alvarez, Beatriz <BAlvarez@miamigov.com>; Lee, Erica <ELee@miamigov.com> Subject: RE: Legislative ID File Nos. 8724 and 8725Proposed Amendment to Miami Design District Retail Street Special Area Plan Dear Cesar, First and foremost, I want to be sure and Thank you very much for this analysis, and for your follow up call. Both are greatly appreciated and recognized. Following our can, please find a few more clarifying points in underline below: I. Total SAP Development Capacity and Trip Generation Analysis. b. The analysis of total development capacity: Thank you very much and please keep me posted, we are getting close to the hearing. The potential total Development Capacity for the entire SAP is approximately 2,635,000 square feet (s.f.) by -right (Lot Area x Base FLR) and 3,564,000 s.f. w/bonus (Lot Area x Bonus FLR). Is this an expression of what is remaining/available to be built, or does this include what has been built plus what is available, as a total combined overall maximum? How much has been hint to date, and how much development capacity is remaining? You explained that this is the current Development Capacity of the SAP under the current SAP and existing Zoning treatment. Also, you explained that this overall potential total of approximately 3.5 million square feet with bonus is not being changed / increased under the proposal. Further, you confirmed that the City will track this so that the maximum overall development capacity will not be exceeded as the SAP is developed. Further, you clarified that you have asked the Applicant to clarify the Applicant's Trip Generation Analysis that contemplates a change in the overall development program and projects 18 additional trips, and that this updated Analysis has not yet been provided by the Applicant, and that you will share it with me when it comes across. II. Total Public Benefit Floor Area for the SAP.- C . The analysis of public benefit floor area for the Design District: Thank you very much and please keep me posted, we are getting close to the hearing. Thep otentia I total public benefit floor area fort he entire SAP is approximately 929,000 s.f. (Max. Bonus Floor Area — Max. Base Floor Area) . Thank you again. III. Bonus Height Payment Calculation Requested by the Chair. d. The answer to the Chair's inquiry: how much would the Applicant typically pay for the height bonus being granted: Thank you very much and please keep me posted, we are getting close to the hearing. There are many ways to contribute toward the City's public benefit program to attain Bonus Height (see Miami 21 Section 3.14 Public Benefits Program attached). It completely depends on the actual building to be developed. However, in the abstract, the maximum potential public benefit Fee for the requested 16 additional Bonus Stories on the "Tuttle South" site may cost up to $2,594,400 s.f. (15,000 s.f. Residential Floorplate x 16 Stories = 240,000 s.f. x $10.81 per s.f. public benefit development fee for the SAP area). Thank you for this. But wouldn't this calculation normally be based on the public benefit payment to go from 12 stories as of right in T12, with the ability to pay into the public benefit to get to 20 stories maximum; so that the answer to the Chair's question as to what would it normally cost to achieve these building heights would be based on the cost of the public benefit to achieve a total of 24 additional stories (from 12 to 36) stories on Tuttle South, and the cost of the typical public benefit cost to achieve a total of 8 stories from 12 to 20 on Tuttle North? This is what the Applicant would normally have to pay for these proposed heights, correct? On our call, we agreed that: if the Chair's question is how much would the additional bonus cost (beyond the normal 20), then your answer as provided is the correct answer and method. If the Chair's question is how much would the additional floors cost beyond the as of right entitlement, then the answer would be changed to include the cost of the bonus oavment for the additional floors past floor 12 would be added. as I did. IV. Requirement for full Traffic Studv. On our call, we discussed that there appears to be no express Code requirement for a traffic study for the SAP Amendment application. It is unclear why the City required a full Traffic Study for the SAP creation and 2013 Amendment, but is not requiring it now. Will a full traffic study be required at the time of Site Plan Approval for the Tuttle South Site at the time the building is submitted for approval? Will a full Traffic Study be required of my client for the MacArthur Site at the time of site plan approval at the time their building is submitted for approval? Thank you, again, Cesar, for taking the time, if I am incorrect about anything here please address it, I want to know if I am wrong about anything, and I very much appreciate your expertise and help, Paul S. Cell 786-280-7814 From: Garcia -Pons, Cesar <CGa rciaPons @m is m igov.co m> Sent: Wednesday, May 26, 2021 12:18 PM To: Paul Savage <psavage@rascoklock.com> Cc: Calleros Gauger, Jeremy <JCallerosGauger@miamigov.com>; Brown, Kemarr<KBrown@miamigov.com>; Trone, Sue <STrone@miamigov.com>; Wysong, George K. <GWysong@miamigov.com>; PublicRecords <PublicRecords@miamigov.com>; Snow, David <dsnow@miamigov.com>; Zamora, Olga <OZamora@miamigov.com>; Alvarez, Beatriz <BAlvarez@miamigov.com>; Lee, Erica <ELee@miamigov.com> Subject: RE: Legislative ID File Nos. 8724 and 8725Proposed Amendment to Miami Design District Retail Street Special Area Plan Submitted into the public record for item(s) PZ.8 and PZ.9 on 05-27-2021, City Clerk Submitted into the public record for item(s) PZ.8 and PZ.9 on 05-27-2021, City Clerk Mr. Savage, please see below responses to your questions. Regards ... cgp 4%cN O y Cesar M. Garcia -Pons, AICP, LEED AP Director, Planning Department (305) 416-1400 Planning Main Number e 444 SW 2"d Avenue; Miami, FL 33130 Visit us at www.miamigov.com/planning From: Paul Savage <psavage@rascoklock.com> Sent: Friday, May 21, 20219:42 AM To: Snow, David <dsnow@miamigov.com>; Zamora, Olga <OZamora@miamigov.com>; Lee, Erica <ELee@miamigov.com>; Alvarez, Beatriz <BAlvarez@miamigov.com> Cc: Garcia -Pons, Cesar <CGarciaPons@miamigov.com>; Calleros Gauger, Jeremy <1CallerosGauger@miamigov.com>; Brown, Kemarr <KBrown@miamigov.com>; Trone, Sue <STrone@miamigov.com>; Wysong, George K. <GWvsong@miamigov.com>; PublicRecords <PublicRecords@miamigov.com> Subject: RE: Legislative ID File Nos. 8724 and 8725Proposed Amendment to Miami Design District Retail Street Special Area Plan 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. Good morning, David, a. Thank you so much for the latest Regulating Plan. It appears that the .5 unit Hotel Apartment definition is removed as discussed at First Reading. I will continue to study and I thank you again. b. The analysis of total development capacity: Thank you very much and please keep me posted, we are getting close to the hearing. The potential total Development Capacityforthe entire SAP is approximately 2,635,000 square feet (s.f.) by -right (Lot Area x Base FLR) and 3,564,000 s.f. w/bonus (Lot Area x Bonus FLR). C. The analysis of public benefit floor area for the Design District: Thank you very much and please keep me posted, we are getting close to the hearing. The potential total public benefit floor area fort he entire SAP is approximately 929,000 s.f. (Max. Bonus Floor Area — Max. Base Floor Area) d. The answer to the Chair's inquiry: how much would the Applicant typically pay for the height bonus being granted: Thank you very much and please keep me posted, we are getting close to the hearing. There are many ways to contribute toward the City's public benefit program to attain Bonus Height (see Miami 21 Section 3.14 Public Benefits Program attached). It completely depends on the actual building to be developed. However, in the abstract, the maximum potential public benefit Fee for the requested 16 additional Bonus Stories on the "Tuttle South" site may cost up to $2,594,400 s.f. (15,000 s.f. Residential Floorplate x 16 Stories = 240,000 s.f. x $10.81 per s.f. public benefit development fee for the SAP area). As you work through this, I am also happy to discuss, no appointment necessary, Submitted into the public record for item(s) PZ.8 and PZ.9 on 05-27-2021, City Clerk Thanks again, Paul Cell 786-280-7814 From: Snow, David <dsnow@miamigov.com> Sent: Friday, May 21, 20217:40 AM To: Paul Savage <psavage@rascoklock.com>; Zamora, Olga <OZamora@miamigov.com>; Lee, Erica <ELee@miamigov.com>; Alvarez, Beatriz <BAlvarez@miamigov.com> Cc: Garcia -Pons, Cesar<CGarciaPons@miamigov.com>; Calleros Gauger, Jeremy <JCallerosGauger@miamigov.com>; Brown, Kemarr <KBrown@miamigov.com>; Trone, Sue <STrone@miamigov.com>; Wysong, George K. <GWvsong@miamigov.com>; PublicRecords <PublicRecords@miamigov.com> Subject: RE: Legislative ID File Nos. 8724 and 8725Proposed Amendment to Miami Design District Retail Street Special Area Plan Paul, Please see attached updated Regulating Plan. We are still processing the analysis of total development capacity and public benefit bonus floor area for the Design District. We will provide that information when it becomes available. Thanks, David Snow From: Paul Savage [mailto:psayage@rascoklock.com] Sent: Thursday, May 20, 20212:12 PM To: Snow, David <dsnow@miamigov.com>; Zamora, Olga <OZamora@miamigov.com>; Lee, Erica <ELee@miamigov.com>; Alvarez, Beatriz <BAlvarez@miamigov.com> Cc: Garcia -Pons, Cesar <CGarciaPons@miamigov.com>; Calleros Gauger, Jeremy <JCallerosGauger@miamigov.com>; Brown, Kemarr <KBrown@miamigov.com>; Trone, Sue <STrone@miamigov.com>; Ketterer, Amber L. <AKetterer@miamigov.com>; PublicRecords <PublicRecords@miamigov.com> Subject: Legislative ID File Nos. 8724 and 8725Proposed Amendment to Miami Design District Retail Street Special Area Plan 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 Jeremy and David, Please provide me with: (a) the latest Regulating Plan and Development Agreement with the changes and modifications proffered and discussed at First Reading; and (b) the calculation of the public benefit payment that would otherwise be required for the Applicant to achieve at 36-story height entitlement at the Gateway Site South, as was requested by the Chair at First Reading. Thank you very much, as always, Paul Submitted into the public record for item(s) PZ.8 and PZ.9 on 05-27-2021, City Clerk Cell 786-280-7814 From: Snow, David <dsnow@miamigov.com> Sent: Monday, April 19, 2021 11:51 AM To: Paul Savage <psavage@rascoklock.com>; Zamora, Olga <OZamora@miamigov.com>; Lee, Erica <ELee@miamigov.com>; Alvarez, Beatriz <BAlvarez@miamigov.com> Cc: Garcia -Pons, Cesar <CGarciaPons@miamigov.com>; Calleros Gauger, Jeremy <JCallerosGauger@miamigov.com>; Brown, Kemarr <KBrown@miamigov.com>; Trone, Sue <STrone@miamigov.com>; Ketterer, Amber L. <AKetterer@miamigov.com>; PublicRecords <PublicRecords@miamigov.com> Subject: RE: PZAB File Id. #8076; File Id PZ-20-8067; Agenda Item PZABA for February 17, 2021; Proposed Amendment to Miami Design District Retail Street Special Area Plan Paul, Thank you for the call earlier today. Sorry for the run around on receiving the requested documents. Please see attached Regulating Plan and Development Agreement associated with the CC agenda item above. I have also highlighted the modified Sections with in the Regulating Plan for your ease of reference. 1. 3.14.3 Gateway Sites (SEEPAGE F.22) Within the Miami Design District SAP, Tuttle South and Tuttle North are designated as Gateway Sites. In order for development within the Gateway Sites to achieve an FLR of 10.4 (i.e. Bonus FLR) and Tuttle South to achieve a height of thirty-six (36) stories (i.e. Bonus Height), the following public benefits and criteria must be met.... 2. Illustrations for Block 1 EAST (which includes Tuttle North) and Illustration for Block 1 EAST EAST (i.e. Tuttle South) have been updated as follows: a. Block 1 EAST (which included Tuttle North and other parcels) has an asterisk by the density and intensity sections to state: SEE PAGE F.73 b. Block 1 EAST EAST (Tuttle South ONLY) Limited to 10.4 via Bonus FLR Limited to 150 du/ac max SEE PAGE F.71 3. Typo in reference to code section: Also I noticed that in the Gateway definition there is a reference to the wrong section (3.9.1(i)) (referring to height flexibility) which should actually be referencing Section reference: 3.14.3. (SEE PAGE F.9). Same typo goes for 5.6.2(g)(1) — I updated both references so that they are referring to the correct section 3.14.3. (SEE PAGE F.65) Please let me know if you have any additional questions or concerns. Thanks, David Snow