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HomeMy WebLinkAboutSubmittal - Tony Recio - Letter from Weiss Serota Law)X(WEISs SERO NE LF MAN COLL + ei kMSN April 22, 2022 V'IA Email Honorable Chairwoman and Commissioners City of Miami 3500 Pan American Drive Miami, Florida 33133 Submitted into the public record for item(s) .1 City Clerk TONY PECK) t recio ®wsh- la w. co m Re: File ID 11307 / Item. PZ.8 / April 28, 2022 City Commission Agenda/ Proposed Amendment to Article 4, Table of Miami 21 Regarding Parking Reductions Within a TOD Area or Transit Corridor Area (the "Proposed. Ordinance") Honorable Chairwoman and Commissioners: We write on behalf of the property owners and developers identified in Exhibit "A" of this letter (collectively the "Owners") to ensure that their pending applications will be recognized and processed subject to current law rather than under the Proposed Ordinance. The Owners fall into three categories of persons potentially affected by the Proposed Ordinance: (1) those who qualify for a by -right reduction of parking due to the size of their building and have submitted a building permit application; (2) those who have submitted a complete application for a Waiver or Warrant that includes a request for a parking reduction; and (3) those who have obtained a Waiver or Warrant that includes a parking reduction and are now seeking building permits based on that approval. Each of these situations rely on parking reductions pursuant to the code section that will be amended by the Proposed Ordinance. Each application for Waiver, Warrant, and/or building permit relying on an approved Waiver or by -right parking reduction was submitted prior to the Proposed Ordinance's adoption. The Proposed Ordinance cannot be applied to the Owners' pending applications because the Owners submitted complete applications prior to the Proposed Ordinance's adoption. The Owners have made significant expenditures in the acquisition of land, the preparation and revision of detailed plans, and in the lengthy development approval process. Under Florida law, due process dictates that the rules existing at the time of application submittal govern the evaluation and approval of the application Dade County v. Jason, 278 So. 2d 311 (Fla. 3'd DCA 1973).' Further, a municipality may not deny an application which meets all the requirements existing at the time it is filed, City of Margate v. Amoco O11 Co, 546 So. 2d 1091 (Fla. 4th DCA 1989). Therefore, the proper law to be applied to the Owners' applications is the law in place at the time of submission. In the case of the applications set forth in Exhibit "A," the applications should be recognized and processed as set forth in the current version of Article 4, Table 4 rather than under the Proposed Ordinance. ' Cf Marningside Civic Assn v City of Miami Cam'n, 917 So, 2d 293 (Fla 3rd DCA 2005), where the court allowed fora new version of applicable law to be applied only because the applicant had re -filed its application after the effective date of applicable legislation. 30R- S--brit1W a Q G o - lQA e„ 4„0, 02,s��' � Honorable Chairwoman and Commissioners April 22, 2022 Submitted into the public record for ijtem(s) i� G on City Clerk That means any by -right or previously approved parking reduction should be applied during building permit review, and any pending zoning application should be processed as a Waiver rather than as an Exception as provided in the Proposed Ordinance. We respectfully urge the City Commission to amend the Proposed Ordinance to specify that applications filed before the new law's final adoption will be processed under the Code provisions in effect at the time each application was filed. If the Commission is not amenable to this friendly amendment, we request written confirmation of the following: 1. The Proposed Ordinance will not apply to the Owners' pending applications for Waivers of parking reductions for properties located within a TOD area or within a Transit Corridor area, or to pending building permit applications based on previously approved Waivers/Warrants; or to pending building permit applications that include by -right parking reductions based on the size of their structures; and 2. The Owners' pending zoning applications will continue to be processed and approved as Waivers instead of as Exceptions as set forth in the Proposed Ordinance. 3. The Owners' pending building permit applications for by -right parking reductions for structures with less than 10,000 square feet will continue to be processed and approved by right. This letter is written without prejudice to the Owners rights and remedies and with their express reservation of same. Should you require additional information or have any questions, do not hesitate to contact me at (305) 992-6847. We appreciate your consideration. Very truly yours, Tony Recio Enclosures cc: Victoria Mendez, City Attorney Todd Hannon, City Clerk MIAMI-DADS 1 BROWARD I PALM BEACH I WSH-LAW.COM Honorable Chairwoman and Commissioners April 22, 2022 EXHIBIT "A„ Submitted into the public record for ite;n(s) ors City Clerk Owner/Developer Property Address Application Number LVR Investments 169 NE 53 Street, Miami, FL 33137 BD22-009300-001 LVR Investments 226 SW 13 Avenue, Miami Florida 33135 BD22-009.297-001 AHOTB 640 NE LLC, AHOTB 630 NE LLC, WR Creek LLC, Biscayne North, LLC, 34 Pine LLC, and 560 NE 34TH ST, LLC 560-640 NE 34th Street. PZ-21-11720 Nardware Properties LLC, 510 34th LLC, AHOTB 640 NE LLC, AHOTB 630 NE LLC, WR Creek LLC, Biscayne North, LLC, 34 Pine LLC, and 560 NE 34TH ST, LLC 510-526 NE 34th Street PZ-22-14401 AG2017 Bar 59 NW 29th Street, Miami, Florida PZ-19-3308 — BD17-018708-001 MIAMI-DADS I BROWARD 1 PALM BEACH I WSH-LAW.COM