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HomeMy WebLinkAboutSubmittal-Iris Escarra-Proposed Amendment to Article 4 LetterGT GreenbergTraurig Via Email and Hand Deliver' Submitted into the publi recordfor iteln(s) on March 24, 2022 Honorable Chairwoman and Commissioners City of Miami 3500 Pan American Drive Miami, Florida 33133 5 City Clerk Iris V. Escarra Tel. 305-579-0737 Fax 305-579-0717 escarrai@gtkaw.corn Re: File ID 11307 1 Item PZ.5 / March 24, 2022 City Commission Agenda / Proposed Amendment to Article 4, Table of Miami 21 regarding Parking Reductions within a TOD area or Transit Corridor area Dear Honorable Chair and Commissioners: Our firm represents various property owners and developers, as Listed in Exhibit A of this correspondence (collectively, the "Owners"). On behalf of the Owners, we respectfully submit this letter as our request for confirmation that: The proposed ordinance identified as File ID 11307 and notices as Item PZ.5 on the March 24, 2022 Miami City Commission Agenda (the "Proposed Ordinance") will not be applicable to the Owners' pending Waiver requests for up to 50% parking reductions (including up to 30% parking reductions) for properties located within a TOD area or within a Transit Corridor area: and 2. The Owner's pending Waiver requests will continue to be processed and be approved as Waivers instead of as Exceptions as proposed by the Proposed Ordinances. LEGAL ANALYSIS 1. The Proposed Ordinance does not apply to the Owner's pending applications because the Owners submitted complete site plan approval applications prior to the adoption of the Proposed Ordinance. Prior to the City Commission's adoption of the Proposed Ordinance, the Owners filed. complete site plan approval applications to the City which include Waiver requests for parking reductions up to 50% for properties located within a TOD area or within a Transit Corridor area, as permitted by Article 4, Table 4 of Miami 21. Under Florida law, a municipality may not deny an application which meets all the requirements existing at the time it is filed. See City of Margate v. Amoco Oil Co., 546 So. 2d 1091 Gri bt-r Traurig, P.A. I Attorneys at Law. 333 Southeast Second Avenue I Suite 4400 I Miami, FL 33131 T +1 305,579.0500 I F +1 305,579.0717 ll 30�- Stlorvi( 1-NitA - C-5fi422A- - 19/31ZZ/441LZ wwww vricom Honorable Chairwoman and Commissioners File ID 11307 March 24, 2022 Submitted into the publicc record. or ite s) ? Clerk nn v City As summarized in this correspondence, the Owners are entitled to continued review and approval of their Waiver requests, pursuant to Article 4, Table 4 of Miami 21. unrestricted by the new regulations proposed by the Proposed Ordinance because (1) their site plan approval applications, which met all the requirements existing at the tirne they were filed, were submitted before the Proposed Ordinance was presented to the City Commission and (2) they have acquired vested rights to the continued processing and approval of their Waiver requests. Accordingly, we respectfully request written confirmation that the Proposed Ordinance will not be applicable to the Owners' pending Waiver requests and that their pending Waiver requests will continue to be processed and be approved as Waivers instead of as Exceptions as proposed by the Proposed Ordinances. This letter is written without prejudice to the Owners and with the express reservation of all of their rights and remedies. Should you require additional information or have any questions, do not hesitate to contact me at (305) 579-0737. Enclosures cc: Victoria Mendez, City Attorney Iris V. Escarra Greenberg Traurig, P.A. LAttorneys at Law Page 3 of 4 www.gtlaw.aom Honorable Chairwoman and. Commissioners File I❑ 11307 March 24, 2022 Exhibit A Submitted into the publ' record or iterrl(s) on City Clerk Owner Developer Property Address Projectlox Application Number PRH Miami Central, LLC (Related Group) 525 NW 2 Avenue PZ-20-6249 2140 NE 2ND AVE ACQUISITIONS LLC 2140 NE 2 Ave PZ-21-11626 91 NW 27 STREET OWNER LLC 91 NW 27 Street PZ-21-11594 2700 Biscayne, LLC 2626 Biscayne Boulevard PZ-22-14286 Odyssey PROPCO VI, LLC 3400 Biscayne Boulevard PZ-21-10920 Bauen Fund 2018 225 LLC 225 NE 34 Street PZ-21-11022 Bauen Fund 2018 225 LLC 222 NE 35 Street PZ-21-11069 DOWNTOWN 1ST STREET, LLC; Public/Private Partnership with Miami Parking Authority 56 SW 1 Street PZ-22-12079 3898 SHIPPING AVE LLC 3898 Shipping Ave PZ-20-8746 99SW7 HOLDINGS LLC 99 SW 7 Street PZ-21-11236 Blue Jay Capital 1040 South Miami Ave Currently submitted under PZ-20-5585, being transferred to PZ-22- 13186 14'i' Street Developers, LLC; Affordable Housing Project approved by Ornni CRA 1445 N Miami Avenue PZ-22-13234 Greenberg Traurig, P.A. I Attorneys at Law www,giIaw. corn Page 4 of 4