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Home My WebLink AboutSubmittal - Carlos Lago - Letter to Commissioners - Historic Overtown Lyric TheatreMGreenberjraurig Submitted into the public record for item(s) P2.4 on 03 10 2022 City Clerk Carlos R. Late T.I. 305-579.0578 Fax 30S57M717 b8ac@0..cam Via Email and Hand Delivery March 9, 2022 Honorable Chairwoman and Commissioners City of Miami 3500 Pan American Drive Miami, Florida 33133 Re: File ID 9385 / Item P7_4 / March 10, 2022 City Commission Agenda / Proposed Amendment to Article 2 of Miami 21 regarding Miami -Dade County Rapid Transit System Development Zone / Historic Overtown/Lyric Theatre Subzone Dear Honorable Chair and Commissioners: Our firm represents Noxxen Lyric LLC (the "Owner"), owner of the properties identified in Exhibit 1 (the "Property"). On behalf of the Owner, we respectfully submit this letter as our request for confirmation that development of the Property is not subject to the proposed legislation identified by File ID 9385 (the "Proposed Ordinance") and that, pursuant to Section 33C-2(C) ofthe Code of Miami -Dade County, Florida, as amended, thejurisdiction for regulatory decisions including, but not limited to, zoning and permitting matters involving the Property continue to be vested in Miami -Dade County (the "County"). BACKGROUND The Property is located within the County's Rapid Transit Zone's ("RTZ") Historic Overtown/Lyric Theatre Subzone and is therefore subject to the County's jurisdiction for building and zoning approvals. The Historic Overtown/Lyric Theatre Subzone was created by the County Board of County Commissioners on December 17, 2019, pursuant to Ordinance No. 19-127, attached as Exhibit 2. Since the creation of the Historic Overtown/Lyric Theatre Subzone, the Owner has been working diligently to seek the necessary approvals to develop the Property in accordance with all applicable RTZ regulations. The Owner has engaged architectural, construction and engineering consultants to prepare the required plans to obtain site plan and building permit approvals for the development of the Property in accordance with the RTZ regulations. Greenberg T raurig, P.A. I Attorneys at Law 333 Southeast Second Avenue I Suite 44001 Miami. FL 33131 1 T +1 305.5790500 I F+1305S79071T q3S J�N ' ' (I, Nyl — �� ' �7t 7� IJCI M9 a • lC�V1QJW{ Honorable Chairwoman and Commissioners File ID 9385 March 9, 2022 Submitted into the public record for item(s) PZ.4 on 03 10 2022, City Clerl< LEGAL ANALYSIS The Owner has acquired vested rights to which require that the development of the Property remain subject to the RTZ regulations. Under Florida law, a party acquires vested rights when he/she (1) in good faith relies (2) upon some act of government (3) which leads him or her to incur such substantial obligations and expenses (4) that would make it highly inequitable to interfere with the acquired right. Monroe County v. Ambrose, 866 So.2d 707 (Fla. 3d DCA 2003); see also Hollywood Beach Hotel Co. v. City of Hollywood, 329 So. 2d 10 (Fla. 1976). A party who meets the above -mentioned criteria may successfully raise the doctrine of equitable estoppel in order to challenge a municipality's actions. Id. In the present case, the Owner relied in good faith on the existing regulations and assurances provided by the City (through words and deeds).' Relying on these assurances, the Owner has continuously worked to realize its plan for the Property. The Owner has invested substantial resources on the proposed development of the Property including but not limited to architectural and engineering plans and has incurred other professional fees and expenses all with the objective of developing the Property pursuant to the RTZ regulations. The Owner made these investments in good faith relying on the applicable regulations. Accordingly, we respectfully request written confirmation that the jurisdiction for regulatory decisions including, but not limited to, zoning and permitting matters involving the Property continue to be vested in the County, unrestricted by the Proposed Ordinance. This letter is written without prejudice to the Owner and with the express reservation of all of its rights and remedies. Should you require additional information or have any questions, do not hesitate to contact me at (305) 579-0578. Sincerely, ca-_�,d, /6. 1_62f & Carlos R. Lago Enclosures ' The City was notified of the County's intention to include the Property within the Santa Clara Subzone and did not object at the time. Greenberg Traurig, P.A. I Attorneys at Law www.gtlaw.com Page 2 of 3 Submitted into the public Honorable Chairwoman and Commissioners record for item(s) PZ,4 File ID 9385 on 03 10 2022 City Clerk Much 9, 2022 Exhibit I The Property Address ,Folio --.No.. 101 NW 8 Street 01-3137-038-0040 Greenberg Tmung P.& I Attorneys at Law w gdaw= Page 3 of 3 OFFICIAL FME COPY CLERIC OF THE BOARD OF COUNTY CONBAISSIONERS ]IIAAH-DADS COUNTY, FLORIDA MEMORANDUM TO: Honorable Chairwoman Audrey M. Edmonson and Members, Board of County Commissioners FROM: Abigail Price -Williams County Attorney EXHIBIT "2" Amended Agenda Item No. 5(A) DATE: December 17, 2019 SUBJECT: Ordinance relating to the Fixed - Guideway Rapid Transit System - Development Zone; amending chapter 33C of the Code; providing for expansion of the Rapid Transit Zone and creating the Historic Overtown/Lyric Theatre Subzone; incorporating by reference the uses, standards and procedures for approval of applications from existing subzones and applying them to the Historic Overtown/Lyric Theatre Subzone; requiring supermajority votes by the Board in certain circumstances; amending section 33-314; providing for Board of County Commissioners jurisdiction over applications relating to subzone; makine technical changes Ordinance No. 19-127 The accompanying ordinance was prepared and placed on the agenda at the request of Prime Sponsor Chairwoman Audrey M. Edmunson and Co -Sponsor Commissioner Esteban L. Bovo, Jr. II A�" I - V.. I 10 aull Abigailce-Williams County Vorrey APW/smm Submitted into the public record for item(s) PZA on 03/10/2022. City Clerk Submitted into the public record for item(s) pZ.4 on 03 10 2022, City Clerk MIAMI ernoran um c Date: Decenber 17, 2019 x To: Honorable Chairwoman Audrey M. Edmonson and Members, Board of County Commissioners From: Carlos A. Gimenez Mayor Subject: Fiscal Impact Statement 'for Ordinance Relating to the Fixed -Guideway Rapid Transit System — Development Zone; Creating the Historic Overtown/Lyric Theatre Subzone The implementation of this ordinance will not have a fiscal impact to Miami -Dade County as the proposed changes would not require additional staffing resources or operational costs. �P�& Jack Osterholt Deputy Mayor FIS02420192913 Submitted into the public record for item(s) PZ.4 on 93 1OL2 22, City Clerk Date: To: From: Subject: Memorandum MIiCiADE December 17, 219 Honorable Chairwoman Audrey M. Edmonson and Members, Board of Co mmissioners Carlos A. Gimenez Mayor Social Equity Statement for Ordina a Relating to the Fixed -Guideway Rapid Transit System -Development Zone The proposed ordinance relating to the Fixed -Guideway Rapid Transit System -Development Zone (RTZ) amends Section 33C of the Code of Miami -Dade County (Code) providing for the expansion of the RTZ and creating the Historic Overtown/Lyric Theatre Subzone. The proposed expansion aligns with the County's effort of intensifying land uses surrounding mass transit stations and corridors which in turn could result in additional housing and business opportunities. No other specific social equity or benefit can be determined at this time. Jack Oster olt Deputy Mayor 192913 - MEMORANDUM (Revised) TO: Honorable Chairwoman Audrey M. Edmonson / I and Members, Board of County Commissioners *aililice.-giiam&sp ity Attorney Please note any items checked. Submitted into the public record for item(s) PZ.4 on 03 10 2022 City Clerk DATE: December 17, 2019 Amended SUBJECT: Agenda Item No. 5(A) "3-Day Rule" for committees applicable if raised V 6 weeks required between first reading and public hearing 4 weeks notification to municipal officials required prior to public hearing Decreases revenues or increases expenditures without balancing budget Budget required Statement of fiscal impact required Statement of social equity required Ordinance creating a new board requires detailed County Mayor's report for public hearing V/ No committee review Applicable legislation requires more than a majority vote (i.e., 213's present , 2/3 membership , 315's , unanimous , CDMP 7 vote requirement per 2-116.1(3)(h) or (4)(c) , CDMP 2/3 vote requirement per 2-116.1(3)(h) or (4)(c) , or CDMP 9 vote requirement per 2-116.1(4)(c)(2) _) to approve Current information regarding funding source, index code and available balance, and available capacity (if debt is contemplated) required 21 Approved MUor Veto Override ORDINANCE NO. 19-127 Amended Agenda Item No. 5(A) 12-17-19 ORDINANCE RELATING TO THE FIXED -GUIDEWAY RAPID TRANSIT SYSTEM -DEVELOPMENT ZONE; AMENDING CHAPTER 33C OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR EXPANSION OF THE RAPID TRANSIT ZONE AND CREATING THE HISTORIC OVERTOWN/LYRIC THEATRE SUBZONE; INCORPORATING BY REFERENCE THE USES, STANDARDS AND PROCEDURES FOR APPROVAL OF APPLICATIONS FROM EXISTING SUBZONES AND APPLYING THEM TO THE HISTORIC OVERTOWN/LYRIC THEATRE SUBZONE; REQUIRING SUPERMAJORITY VOTES BY THE BOARD IN CERTAIN CIRCUMSTANCES; AMENDING SECTION 33-314; PROVIDING FOR BOARD OF COUNTY COMMISSIONERS JURISDICTION OVER APPLICATIONS RELATING TO SUBZONE; MAKING TECHNICAL CHANGES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE WHEREAS, the Miami -Dade County Home Rule Charter grants to the County the power to carry on a central metropolitan government and to provide for rail facilities and public transportation systems; and WHEREAS, the Board of County Commissioners has found that the coordinated review and analysis of mass transit facilities is necessary to carry on a central metropolitan government in Miami -Dade County and that coordinated review and analysis of the mass transit system is most effectively carried on under a uniform plan of regulation applicable to the County as a whole; and WHEREAS, maximum coordination of transportation and land use policy decisions is essential to optimize the role of transportation as a potent tool for implementing the desired patterns of metropolitan development consistent with the Comprehensive Development Master Plan; and Submitted into the public record for item(s) PZ.4 on 03 10 2022, City Clerk Submitted into the public record for item(s) PZA on o3 19 2022, City Clerk Amended Agenda Item No. 5(A) Page 2 WHEREAS, providing for increased density and transit -oriented development adjacent to the County's existing mass transit system will increase ridership on the County's public transportation system and further the health, safety, order, convenience, prosperity and welfare of the present and future citizens of the County; and WHEREAS, the area surrounding the Overtown Transit Village Metrorail Station is located within the Downtown Regional Urban Center identified in the County's Comprehensive Development Master Plan (CDMP); and WHEREAS, the CDMP calls for the highest level of development density and intensity within the Downtown Regional Urban Center; and WHEREAS, the adoption of uniform regulation to encourage private sector development of market rate, attainable, and workforce housing around the Historic Overtown/Lyric Theatre Metrorail station is in the best interest of the County; and WHEREAS, as such, this Board wishes to include the area surrounding the Overtown Transit Village Metrorail Station within the Rapid Transit Zone; and WHEREAS, this Board also wishes to clarify and remove redundancies from the existing provisions governing the approval process before the Rapid Transit Development Impact Committee, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA: Section 1. The foregoing recitals are incorporated into this ordinance and are approved. 0 Submitted into the public record for items) pZ.4 on 03LIO2022, City Clerk Amended Agenda Item No. 5(A) Page 3 Section 2. Chapter 33C of the Code of Miami -Dade County, Florida is hereby amended as follows: I Chapter 33C - FIXED -GUIDEWAY RAPID TRANSIT SYSTEM —DEVELOPMENT ZONE Sec. 33C-2. Rapid Transit Zone. (B) .designation of lands included. The Board of County Commissioners hereby designates all land areas (including surface, subsurface, and appurtenant airspace) shown on Exhibits 1 through [[41-6]] >>20<<, bearing the following effective dates: Exhibit 1, July 31, 1998, Exhibits 2 through 9 and Exhibits 11 through 16, July 13,1979, Exhibit 10, May 26, 1983, Exhibit 17, February 13, 2014, Exhibit 18, June 15, 2018, [[and]] Exhibit 19, August 3, 2018, >>and Exhibit 20, [insert effective date],« certified by the Clerk of the Board as a portion of this chapter, incorporated hereby by reference, and transmitted to the custody of the Department [["f Re .la4e and _Ee Reseer-ees er-its sueeesseF Depaofnentflj as the Rapid Transit Zone for the Stage I Fixed - Guideway Rapid Transit System. The Director shall submit to each affected municipality an official map or maps designating the Rapid Transit Zone which may from time to time be altered, enlarged, added to, amended or deleted by ordinance, after a public hearing within each municipality affected. (D) Uses. No land, body of water, or structure shall be used or permitted to be used, and no structure shall be hereafter erected, constructed, reconstructed, moved, structurally altered, or maintained for any purpose in the Rapid Transit Zone, except as provided in this article. ' Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged. Submitted into the public record for item(s) PZ.4 on 03 10 2022, City Clerk Amended Agenda Item No. 5(A) Page 4 (2) Other uses; procedures for approval of such uses within the Rapid Transit Zone. The following additional uses shall be permitted in conformance with the requirements set forth herein: (e) Process for City of Miami. Ell >>M Historic Overtown/Lvric Theatre Subzone. Notwithstanding any other provision of this code to the contras, whenever uses authorized by subparagraphs (D)(2)(a) and (b) above are proposed within the Historic Overtown/Lyric Theatre Subzone as designated in subsection 33 C-12 _ herein, the procedures and development standards adopted pursuant to subsection 33C-12 shall control.<< See. 33C-3. Rapid Transit Developmental Impact Committee. (a) There is hereby established a Rapid Transit Developmental Impact Committee Executive Council composed of the County's Developmental Impact Committee Executive Council (established by Section 33-303.1, Miami -Dade County Code) and two [[(-2)]] representatives from [[each -of the following munieipalit]] >>the applicable municipality when the subiect DroDerty is located within one of the following municipalities<<: City of South Miami, City of Coral Gables, City of Miami, and the City of Hialeah. > LU Notwithstanding any other provisions to the contrar,v,<< [[ ]] for developments located within the Downtown Intermodal District Corridor Subzone established by >>section<< [[Seefien]I 33C-9 >>,<< [[andfl I Submitted into the public record for item(s) PZA on 03 19L2022, City Clerk Amended Agenda Item No. 5(A) Page 5 the Brickell Station Subzone established by >>section<< [[See6en]] 33C-10, >>and the Historic Overtown/Lyric Theatre Subzone established by section 33C-12<< [[however]], the Rapid Transit Developmental Impact Committee shall be composed of the County's Developmental Impact Committee Executive Council and three [[(3)]] representatives from the City of Miami. In addition, there shall be an RTDIC Staff Council composed of members of the County Departments identified in >>section<< [[Seetien]] 33-303.I(A) [[of this Code]] and three [(3)]] representatives from the City of Miami. >>(c.« The Rapid Transit Developmental Impact Committee shall, subject to the procedures specified in »section« [[See4ieo]] 33-303.1, [[ ,]] perform the duties specified in >>this section and sections < [[Seetien]] 33C-2 and [[See#ien]] 33C-4 [[eftkis ehapter]]. »ffi<< [[(.b)]] Except >>as expressly provided in this section<< ]], mailed notice of hearings before the Rapid Transit Development Impact Committee pursuant to Section 33C-2[[ *0]] shall be provided in the same manner as hearings on applications filed before the Community Zoning Appeals Board pursuant to »section« [[Seefia ]] 33-310(d)(3) for the special exceptions expressly enumerated in that subsection. Mailed notice of the hearing shall also be provided simultaneously to the municipality in which the application site is located. Applications shall comply with the procedural requirements of >>section<< [[Seetitn]] 33-304. >> e << [[(e)]] Notwithstanding any other provision of this code to the contrary, for the Downtown Intermodal District Corridor Subzone established by >>section<< [[Seetien]] 33C-9 >>,<< [[and]] the Brickell Station Subzone established by >>section < [[Seetioa]] 33C-10 [[her-ei ]], >>and the Historic Overtown/Lyric Theatre Subzone established by section 33C-12<<, notice of meetings before the Rapid Transit Developmental Impact Committee shall comply with the procedures set forth in those respective sections. Submitted into the public record for item(s) PZA on 03 10 2022, City Clerk Amended Agenda Item No. 5(A) Page 6 See. 33C-4. Rapid Transit Development Impact Zone. (a) The Rapid Transit Development Impact Zone consists of those lands in such close proximity to the Rapid Transit System as to have a significant impact thereon. The Station Area Design and Development (SADD) Program (authorized by Miami -Dade County Resolution No. R-829- 77), a joint municipal -County program administered through the Rapid Transit Development Impact Committee, shall prepare proposed development standards for the Rapid Transit Development Impact Zone for those stations not subject to >>section<< [[Seetien]] 33C-2[[(D)(2)(e)(1)]] >>or otherwise provided for in this cha ter<<. Such proposed development standards shall be submitted to the Rapid Transit Development Impact Committee established by >>section<< [[Seetien]] 33C-3 [[e€ this eh""] for review, comment and any recommendations. >>M<< The Rapid Transit Development Impact Committee report, including the proposed development standards, shall be submitted to the appropriate municipality or, in the unincorporated areas, to the County for review and adoption as the land use plan for developments within the Rapid Transit Developmental Impact Zone. »c« The foregoing notwithstanding, after completion of the initial task by the SADD Program, for those stations not subject to >>section<< [[Seetien]] 33C-2[L,P)(2)(e)(l)]] >>or otherwise provided for in this chapter,« the Rapid Transit Impact Committee shall prepare all future development standards for the Rapid Transit Development Impact Zone for review and adoption by the Board of County Commissioners if located in unincorporated Miami -Dade County or the appropriate municipality if located in incorporated Miami -Dade County. >>W)<< Once adopted, said land use plans shall control all public actions involving or affecting land use or development, including action on applications for zoning relief, within the Rapid Transit Developmental Impact Zone. Amendments to said land use plans shall be subject to the procedures specified in this section. FA Submitted into the public record for item(s) PZ.4 on Q4 1PL2®ZZ, City Clerk Amended Agenda Item No. 5(A) - - - Page 7 >>(e)<< The County may seek judicial review of any official municipal acts relating to lands within the Rapid Transit Development Impact Zane. r r rDAMP.TM >>See. 33C-12. Historic Overtown/Lyric Theatre Station &M. Purpose and Intent. The following development review ' e' h l ove a licatio s Plan'Apwoval t e e to ment Ian d ' a i fo 1 ' e lan evi w for all de e to be located within the boundaries of the Historic Overtown/L ric Theatre Subzone established in this section. The standards set forth herein further the uni ue land use haracteristics of this a .which li s wi hin the Cit of Mi i t C re t' n 3-$4 -and-within he o o Re i n I an Cente Hate on the Land Use Plan Map of the County's Comprehensive Develment Master Plan. These standards a e eonsistent with, and sIMport the Count 's and the Cit 's commitment to. rinci les of urban planning, including responding to the existing conditions of the downtown��,,,re„� and its n�, ur 1 feature .infrastructure, d -bpi s. improved mobility. enhanced edestri vi t d th reduc 'o urban sprawl. Development in this subzone also addresses_ government service and infrastructure needs of this guickl r win th r f re r 'ects wi hin hi s bz ne ar encouraged to incoorate public s x� vic. c!ublic In Submitted into the public record for item(S) P on 03� Zh' City Clerlc Amended Agenda Item No. 5(A) Page 8 infrastructure, or public benefit components, including, but not limited to, a police or fire station, regional sewer pump station, and affordable housing. Boundaries. The Historic Overtown/Lyric Theatre Subzone of the Rapid Transit Zone is hereby established and the boundaries of the subzone are identified in Exhibit 20 to section 33C-2. The legal description and a full-scale map of the boundaries are on file with the Department. Q Permitted Uses: Permitted uses shall be in accordance with section 33C-10(C) relating to the Brickell Station Sub -Zone, which are incorporated by reference herein. LM Procedures or ,pvroval and development standards. Applications for development in the subzone shall be governed by the pre -application and application procedures and development standards relating to the Brickell Station Sub -Zone, including the requirements for a supermajority vote of the Board in certain circumstances, as set forth in section 33C-10(D), (E), (F), (G), and H), which are incorporated by reference herein. Notwithstanding the foregoing, County -owned properties in the subzone, as identified on Exhibit 20 shall be governed by the re - a lication and application Rrocedures and develo men standards relatin t the Governmen Cent r Subzone, as set forth i 33C-1 E F an hick are incorporated, by reference herein. U Plattin . Separate parcels located within the subzone and made subiect to a unitv of title or covenant in lieu of UniV of title shall not be deem b ivisian d s 11 t from the plpAjp&jgqMkpMnts of cha ter 28 U e development review procedures standards. and-critoria set forth in this section shall overn in the event Qf—cmflicts, with other zonin subdivision or landsc e regulations of this code or with the Miami -Dade Count€ Public Works Manual. �I Submitted into the public record for item(s) PZA on 03 1Q 2Q22, City Clerk Amended Agenda Item No. 5(A) Page 9 Section 3. Section 33-314 of the Code of Miami -Dade County, Florida is hereby amended as follows: Sec. 33-314. Direct applications and appeals to the County Commission. (C) The County Commission shall have jurisdiction to directly hear other applications as follows: (10) Upon application for, hear and decide appeals of decisions of the Rapid Transit Developmental Impact Committee pertaining to site plan approvals and related zoning actions issued pursuant to >>sections« [[Seetie]] 33C-2(D)(2)(d) and (2)(e), [[men]] 33C-9, [[eFSeefien]] 33C-10>>ors.,_ _33C- 12«. Section 4. Applicability. Notwithstanding any provision of this ordinance to the contrary, an applicant with an active application for zoning approval or building permit that was filed with the City of Miami before the effective date of this ordinance may continue under the City of Miami's regulatory jurisdiction until the application is approved or the permit is closed,. including issuance of any final certificates of occupancy for pending building permits. For any such pending zoning approvals, the applicant may thereafter seek building permits from the County in accordance with the City zoning approval rather than under the standards provided in this ordinance. Section 5. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Submitted into the public record for item(s) PC.4 on 03 1p 2022 City Clerk Amended Agenda Item No. 5(A) Page 10 Section b. It is the intention of the Boara of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami -Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word 'ordinance" may be changed to "section," "article," or other appropriate word. Section 7. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board. PASSED AND ADOPTED: Approved by County Attorney as to form and legal sufficiency: Prepared by: Dennis A. Kerbel December 17, 2019 �� MAW - Prime Sponsor: Chairwoman Audrey M. Edmonson WA NW n THST Submitted into. the record for item(,)puhli on 0310 20Ct22 City y Clerk NW IOTH NW 9TH ST 1 3 Q NW BTN Si z z/ % 3 y 2 NW ITH ST + // y /G/ 2� 10 X NW6THST a EXHIBIT 20 MCounty -Owned Property X This map and the imormation deportedherein are provided'as W and may contain inaccuracies O XNo assurance ofinerchantabdity orh(ness for a partmularpurpose is given ID o[v[�iov[ r SERVICES k50110]IbWOMfOIR�pIppIGOVERNMEN) LfMER- qQ-pyER)nWN EXppNS: pV MXO $I 11 NIY