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Home My WebLink AboutR-99-0966J-99-1025(b) 12/10/99 RESOLUTION NO. 00 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL, REVERSING THE DECISION OF THE ZONING BOARD AND THEREBY DENYING A SPECIAL EXCEPTION FROM THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 9, SECTION 917.E TO ALLOW A REDUCTION IN PARKING REQUIREMENTS FOR HOUSING FOR LOW INCOME FAMILIES AND INDIVIDUALS AND WAIVE 107 OF THE REQUIRED 313 PARKING SPACES FOR THE PROPERTIES LOCATED AT APPROXIMATELY 405, 411, 421, 429, 433, 439, 443, 447, 453, 465 AND 485 NORTHWEST 4Ta STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY LEGALLY DESCRIBED IN "EXHIBIT A", ATTACHED HERETO AND MADE A PART HEREOF. WHEREAS, the Miami Zoning Board at its meeting of November 15, 1999, Item No. 3, adopted Resolution No. ZB 1999-0237 by a five to three (5-3) vote, granting a Special Exception requiring City Commission approval as hereinafter set forth; and WHEREAS, Zoning Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, requires City Commission approval of the Special Exception as hereinafter set forth; and WHEREAS, an appeal of the Zoning Board's decision to grant a Special Exception has been received; and d A EjaeE�,�u CITY C.OMUSSION MEETING OF DEC I it 2000 �Ryesolution No. dvia(p�.A WHEREAS, the City Commission after careful consideration of this matter, and notwithstanding the recommendation of Zoning Board, finds the application for Special Exception does not meet the applicable requirements of Zoning Ordinance No. 11000, as amended, and deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to grant the appeal, reverse the decision of the Zoning Board and deny the Special Exception; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The appeal of the decision of the Zoning Board to grant a Special Exception from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Article 9, Section 917.6, to allow a reduction in parking requirements for housing for low income families and individuals, and waive 107 of the required 313 parking spaces for the properties located at approximately 405, 411, 421, 429, 433, 439, 443, 447, 453, 465 and 485 Northwest 4`h Street, Miami, Florida, as more particularly legally described in "Exhibit All attached hereto and made a part hereof, is hereby granted, the decision of Page 2 of 3 the Zoning Board is hereby reversed, and the Special Exception is hereby denied. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor." PASSED AND ADOPTED this 14th dayof December 1999. JOE CAROLLO, MAYOR In accordance with Miami Code Son. 2.36, sinca the Mayor did not Indicate approval of this legislation by signing it in th becomes effective with the elapse regarding same, without the Mayor ATTEST: WALTER J. FOEMAN CITY CLERK CTNESS:6/ 0k114&U4DHU VIL CT7f ATTORNEY 979:YMT:eij:13SS If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 3 of 3 N_ EXHIBIT A Legal Description: Lots 11 through 20, Block 73-N Less the North 10.00 feet thereof of `Map of Miami -Dade County, Fla" according to the Plat thereof as recorded in Plat Book "B" at Page 41 of the Public Records of Miami -Dade County, Florida. Lot 11 465 N.W. 4 h Street Lot 12 465 N.W. 4 h Street Lot 13 453 N.W. 4 h Street Lot 14 447 N.W. 4 h Street Lot 15 443 N.W. 4 h Street Lot 16 433 & 439 N.W. 0 Street Lot 17 429 N.W. 4 h Street Lot 18 421 N.W. 0 Street Lot 19 411 N.W. 4 h Street Lot 20 405 N.W. 4" Street ;? 906 n PZ-5 ZONING FACT SHEET Case Number: 1999-0270 75-Nov-99 Item No: 3 Location; APprox. 405,411,421,4291433,439,443,447,453,465 &485 NW 4 St. Legal (Complete legal description on file with the Office of Hearing Boards) Applicant: Miami River Park Associates, LTD Adrienne F. Pardo, Esq. c% Gatehouse Group 600 Brickell Ave. #600 1221 Brickell Avenue Miami, FL 33131 APP• Ph: (305) 372-3343 Miami, FL 33131 Rep. Ph; (305) 579-0683 ext Zoning: R-4 Rep. Fa Muitifamliy High -Density Residential ext Request: Special Exception as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 9, Section 917.6, Reduction in parking requirements for housing for low income families and individuals, to waive 107 of the required 313 parking spaces. Purpose: This will allow parking reduction for a multifamily residential Recommendatios development. Planning Department: Public Works: Denial Plat and Street Committee: No comments N/A Dade County Transportation: No comments Enforcement History, If any C.E.B. Case No: N/A Last Hearing Date: Found: N/A Violation(s) Cited: N/A Ticketing Action: N/A Daily Fine: $0.00 Affidavit Non -Compliance Issued on: Warning Letter sent on: Total Fines to Date: $0.00 Lien Recorded on: CEB Action: Comply Order by: History: Analysis: Please see attached. Zoning Board Resolution No: ZB 1999-0237 Zoning Board.• Approval with conditions City Commission: N/A Vote: 5-3 Appellant: Miami River Park Associates, LTD and Peter B. Sobel E �a� Esq. 4!9— 9t3G FLORIDA HOUSING FINANCE CORPORATION RULE 67-48 AFFORDABLE MULTIFAMILY RENTAL HOUSING SAIL/HOME/HC PART I - ADMINISTRATION Page # 67-48.001 Purpose and Intent .......................................... 1 67-48.002 Definitions ................................................. 1 67-48,003 Notice of Funding or Credit Availability ......................... 23 67-48.004 Application and Selection Procedures for Developments ............ 1 26 67-48.005 Applicant Administrative Appeal Procedures ...................... 30 6748.006 Compliance and Reporting Requirements ........................ 1 32 67-48.007 Fees .................................................... 36 67-48.008 No Discrimination .......................................... 40 PART II - STATE APARTMENT INCENTIVE LOAN PROGRAM 67-48.009 SAIL General Program Procedures and Restrictions ................ 40 67-48.0095 Additional SAIL Application Ranking and Selection Procedures ...... 1 42 67-48.010 Terms and Conditions of SAIL Loans ........................... 44 67-48,0105 Sale or Transfer of•aS,AIL Development ............... I ........ 54 67-48.012 SAIL Credit Underwriting and Loan Procedures ................... 57 67-48.013 SAIL Construction Disbursements and Permanent Loan Servicing ...... 62 sUbmit"Pj jr,*;-) ttjj:� pu,*)fic rocord in conmiction with item �2' ors I i Sent by: GREEN9ER0 TRAUR10 305 579 0717; 12/21/8Q�1,5:48; #171;Pe9e 3 tf _�� 1 GATEHOUSE MIPMt PrO4F WM 309 372 3348 Dec. 21 1999 01:14PM P2 PART III - HOME INVESTMENT P!!RMRSB PS PROGRAM Page # 67.48.014 HOME General Program PrOWUres and R.aWctions ............... 64 67-48.015 M4Wh Contribution Requirement for HONM Allucatioa ............. 68 67.48.017 Eligible Ho?vM Activities .................................... 67. 48.018 Eligible HOME Applicants .... .... .. . 67-48.019 Et ONS and 1001181bie H010 DevelopmCut Costs .................. 69 6749.020 Teams and Conditions ofLoans for HONE Rental Devwlapmenta ...... 72 67-43.0205 S* or Trumfar of a HOMB Developn Mt ....................... 76 67-48.021 HOME Credit Underwrift lmd Loan Procedures ....... . ........ 77 6748.022 HOME Disbumemmu Procedures and -Loma Servicing ....... ... .. 82 PART rV - HOUSING CREM PROG9AM 6748.023 HC Credal General Program Ptocedures and Roquit=ents 84 67.49.025 Qualif:cd Alloo on.PIM .. ..... ........... . ... . 67-48.026 Housing Credal Undsrcvridm Procedures .. .... . . 67-48.027 Tar- Ex=pt Bond-pkwc,ad Developments ...................... 9I 6749.029 Carryover Anocation provisions ............................... 6749.029 Extended Um Agregmnt . _ ........................... 94 6748.030 Sale or 7hnecr of a Housing Credit Devdopment ...... . .......... 95 67-48.031 TmmkkWon of Etnded Um Agmment and Disposition of Housiqg CreditDevelopme=........................................ 96 67-48.032 Wmimum SWAside for Nonprofit Qrganindons Under HC program .. 97 219- 006 x Sept by: OREEN9ER0 TRAURIO A 305 579 0717; 12/21/QSL.15:48; �� J9[�( #179;Pege 4 PART I - ADMINISTRATION 67-48,001 Purpose and Intent. The purpose of this Rule Chapter is to establish the procedures by which the Corporation shall: on (1) Administer the Application process, determine loan amounts, make and service mortgage loans for new constriction or rehabilitation of affordable rental units under the State Incentive Loan (SAIY.) program authorizeApartment d by Section 420.5087, Florida Statutes; and the HONM Investment PartnerSips (HOME) Program authorized by Section 420.5089, Florida Statu (2) Administer tes, and the Application process, determine Housing Credit amounts and implement the provisions of the Housing Credit (HC) program authorized by Section 42 of the Section 420,5099, Florida Statutes. Code and The intent of this Rule Chapter is to encourage public -private parmerships to invest ' residential hour' in mg, to stimulate the construction and rehabilitation of residential housing which in turn WM stimulate the job market in the construction and related industries; and to increase improve the supply of affordable hou ' and stag in the State of Florida. Speci$c Authority 420.507 FS. Law I;nplcmmted 420.5087, 420. S089 (2), 420.5099 FS. New 7-22_96 History— . Amended 12-23-96, 1-6-98, Formerly 9I-48.001. Amended 67-48.002 Definitions. (1) "Act" means the Florida Housing F nance Corporation Act as found in Chapter 420 P an V, Florida Statutes, as in effect on the date Of this Rule Chapter. (2) "Adjusted Income" means, With respect to a HOME Development, the gross income fr wages, income from assets, re om b'ular cash or noncash contributions, and any other resources and by: GREEWRa TRAURIO 305 578 071 T 12/21/90 15:47i Jbtrw #171;Pege 5 1 01 MM 6. GA"PO4.7 BE M t AM 1 PHIW NO. : 305 372 3348 Dee. 21 I M 01:14PM P3 benefits dKOnMined to be income by HM, adjusted for D04Y size, minus the deduetlons allowable under Section 61 of the Code. (3) "Afiili de" means any person that, (1) dhft* or Wirecdy- through one or more intermediaries, controls, is controlled by, or is tender eommots control with the Appycant, (io serves as an 065M or dh*ctor of the Applicant or of any Affiliate of the App1icant, or (W) is the spoUse, Puent, tbild, SWIM or relative by marriage of a person deacAW is (1) or Cd) above. (4) "Allocation Authority" means the total dollar vohtma Of Housing Credits avaikble for di"bution by the Corporation and authorized lx munt to Section 42 ofthe Code. (5) "A Ms' Owner COnWHacce CatiSeation Dorm- or "Form AC>C. t" mea> m, with Mpect to a Housing Credit Development, a report fbtmat which is required to be completed and submitted to the Corporation, pursuUt to Fie, Admin. Code Ana, r. 6748.0o6(6), and is adopted and incorpotgted l ft'e3n by rei'erance, O*Odva (6) "Applicable Fraction" me= the fraction, the nun for of which is the number of Houfg Credit P ant-Rostric•.ed Units and the denominator of which is the total M nber, of residentisl rental Units leas airy unit exempted by Revenue 1Rdog 92_6I. or the &action, the numar ator ofwhich fa the floor space of the Housing Credit ReM acted UrIft and ft d nor of which is the total 41oor space of the resideati4i rents! units less wW unit exempted by Ramuo Ruling 92-61, whichever is less. The Applicable Fraction i$ applied to the diglble basis of a building to determine the quabfied basis afA buildingJbr Housing Credit prn'pom. (7) "APP " means any person ar eghty, public or prime, for -profit or not -for -profit, Proposing to build orrcbabil =afi'ordablerental housing(i) with respect to the SAIL and/orHONAE? PmRTRm(s) for L,ow-Income or Very Low -Income persona or houcehoWs and (il) with respect to the SIC Program for qualified tenants, as daCmed in Section 42 of the Code. ; e' 98 Seri by: OREENBERO TRAURIO 305 579 0717; 12/21/9 15:47; ,171;Pege S 0 W (S) "Application" means the completed forms from the Application Package together exhibits submitted to the Corporation in accordance with this Rule Chapter B anih SAIZ,, HOME and/or HC Program(s), (9) "Application Deadline" means 5:00 p.m., Tallahassee time, ort the final dayof Application Period. the (10) "Application Package" or "Form CAP99" means the computer disks, forms, tabs 'ns notion thereto Sh obtained from the Corporation at 227 North l3ronou and .Street, Suite 5000, Tallahassee, Plorida 32301-1329, which shall be completed P and submitted to the Corporation in accordance with this Rule Chapter in order to apply for the SAIL, HoI11E, and/or HC Pro The Application P br'am(s)' ackage is adopted and ineoporated herein by reference, effective (11) "APPfiCation Period" means the period during which Appucatieny shall be accepted the Corporation as described in the Notice ofF epted by ►mdang or Credit Availability published in the Florida Administrative 'UVeelcly, (12) "Application Tab Kit" means the tabs and fbim dividers provided by the Co oratio which must be used when submitting an ArP n pplication. (I3) "Birj�g Commitment" means, with respect to a Housing Credit Development , an agreement between the Corporation and an Applicant by which the Corporation allocates and the Applicant accepts -lousing Credits from a later years Allooation.Authori Section 42 h I C of the Cede, ty in accordance with (14) "Board of Directors" or "Board" mean the Board of Directors of the Corporation. (1 S) "Building Identification Number" means, with rtispect to a Housing Credit Development, P , 3 Sent by; OREENBERG TRAURIO PROM : GATEHOUSE MIAMI 305 579 0717; 12/21/9Q�15:47j t., f �k Jeftr N171;Pege 7/25 PHONE to. : 305 372 3348 Dec' 21 1999 01 USPM P4 the number assigned by the Corporation to describe egeh bull ' �in a Hotrft Credit Development, Pursuant to Internal ltevetaue $ice Notioe 88-91. (16) "C"vee means the provision under Section 42 of the Code which allows a Development, under cartain 0oudWons alk"d S by eatian 42 of the Codt, to ndCeiwe $ iiouajgg Credit Affmatlon in a given calendar year and be placed in service within a period of two calendar years Emm the date the Applicam qualitles for Cugv%=► purl 4d to FIa. Admin. Code Ann, r. 67. 48.028. ( 17) "Codo" means the latacaal X,,Wul Code of 1906► as in enact as the date Qf this Rule Chapter;. together With carrerrponding and applicable final, "mporary or proposed oAs and tevamr- rulings issued wrth respect thereto by the Treasury or the Imp Rovepue Service of the United States, (IS) -Commercial nahing Worker" mesas a kborer who Is employed an a seasorspl, temporm3'► or geramaent basis in fishin in saltwater or fr0sh"ter and who derived st least 50al6 of his income i» the immsdiatety preceding 12 calendar rgOaths Tom such em Ple3'rueut. '1'hc taro, includes a person who has retired as a labor= due to agq diubility► or Wnm. In order to be considered retired duo to age, a person must be 50 years of agc or older and must hove beery employer] for a minimum, of5 years as a comaweialfiaft worker. In order to be considered retired due to disability or illt�s, a pawn must- (a) Establish raedically that he ds umrble,to be Mplayed u a mmurciaifth4 worker due to that disability or iUma, W Establish that he was pl*Aously "joyed as a caoamtrcial fishing worker.(l9) "Comrnerciai 2~lahing Worker livtrashold" Mau a household of one or more persons 4 Qj J66 t fieht by: OAMBERO TRAURIO 305 579 0717; 12/21/ 15:47; Jet&c #171;Paga 8/25 wherein at least one member of the household is a Commercial Fishing Worker. (20) "Community Housing Development Organizations" or "CHDO's" means private non-profit organizations that are organized pursuant to the definition in the HUD Regulations, (21) "Compliance Period" means, with respect to a SAID. Development, a minimum period of 15 years from the date the first residential unit is occupied; with respect to a HOME Development, a minimum period of 15 years for rehabilitation Developments and 20 years for new construction Developments, beginning from the date the first residential unit is occupied; with respect to any building that is included in a Housing Credit Development, a minimum period of 15 years beginning on the first day of the first taxable year of the dousing Credit Period with respect thereto in which A Housing Credit Development shall continue to maintain the Housing Credit Set -Aside chosen by the Applicant in the Application, pursuant to Section 42 of the Code. (22) "Consolidated Plan" means the plan prepared in accordance with HUD Regulations, 24 CFR § 91 (1994), which describes needs, resources, priorities and proposed activities to be undertaken with respect to certain HUD programs, including the HOME Program. (23) "Contact Person" means a person witb decision making authority for the Applicant, Developer or the owner ofthe Development with whom the Corporation will correspond concerning the Application and the Development. (24) "Corporation" or "Florida Housing,, or "FHFC" means the Florida Housing Finance Corporation created pursuant to the Act. (25) "Credit Underwriter" means thelegal representative under contract with the Corporation having the responsibility forproviding stated credit underwriting services. Such services shall include a comprehensive analysis of the Applicant, the real estate, the ecouornics of the Development, the 8ettt by: GAMBERO TRAURIO 305 579 0717; 12/21/QL15:48; *�, ,�g{� f�171;Page 9l25 0 7, F" : GPTSl01J5E M T AM 1 PHONE NO. : 35 372 3349 Dec. 21 19" 01:iSPM pS ability of the Applioint and thb Development team to proceed. the evidence of need for affordable troushV in order to determine that the Development resat: the program requirements and detamine a Mcommended SAIL or HOW loan amount, housing credit allccAtiOn Mount or a oombincd SAIL or ROM E loan amount and a housing caradit allocapon artrount. if say, (26) "Default Interest Rate" means I&% per &Mourn. (27) "Department" or "DCA" MGM the department Of CaYntm * Afi'airs of the State of Florida (28) "I3avelopment Goats• mum with rrsspeet to the SAIL, and HOME Pfogran s the sum tptal of ail cants im mil in the Completion of a Develop, aH ofwldch "I be subject to the approval by the Credit Under v*er and the Corpom don as reasoaeble and necessary. Such costs incWde, for r xnrnple, the followvlag: (a) 'fie cost of acquiriag real property and any buildings dwoon, including payment for options, deposits, or canbuts to purchase properties. (b) The cost ofaite preparation, demolition, Mad devetopmeat. (c) Any expenses roWng to the hsuaace of tax-W nrpt bonds or taxable bonds, if any, reh ted to the pattir•.ular Devdopmmt. (d) Fees in connection with the PlarMW. execution, and financing of the Development, Much as those afarchitects, engineers, attorxteys, accoua=M, and the Corporation. (b) The cost ofsmdieBr sucveo, pleas, penml% insriraaro, 4*nst,fiamldn& tax and mssessraent costa, and Other operating and "nYwi; costs during eonstructian, rnbMbilitation, or rewmtruction of the .Development. (f) The cost of the construction, rehabilitation, Mad equipping of the Development. 6 C R - D66 Sent by: pREENBERO TRAURIO 305 579 0717; 12/21/ 15:48� d, � ,Aatrw #171;Page 10/25 0 (g) The cost of land improvements, such as landscaping and ofl`§te improvements related to the Development, whether such costs are paid in cash, property, or services. (h) Expenses in connection with initial occupancy of the Development. G) Allowances established by the Corporation for working capital, contingency reserves, and reserves for any anticipated operating deficits during the first 2 years after completion of the Development. 0) The cost of such other items, including relocation costs, indemnity and surety bonds, Premiums on insurance, and fees and expenses of trustees, depositories, and paying agents for the Corporation's bonds, as the Corporation shall determine to be reasonable and necessary for the construction or rehabilitation of the Development. (29) "Developer" means any individual, association, corporation, joint 'venturer, or partnership which possesses the requisite skill, experience, and credit wonNness to successfully produce affordable multifamily housing pursuant to this Rule Chapter. The Developer, as identified in an Application, may not change until the Development is complete, (3 0) "Development Cash Flow" means, with respect to SAIL, Developments, actual cash flow of a SAIL Development as calculated in the statement of cash flows prepared in accordance with generaUY accepted accounting principles and as adjusted for items including but not limited to extraordinary fees and expenses, payments on debt subordinate to the SAIL loan and capital expenditures. I.. (31) "Development Expenses" means, with respect to SAS.. Developments, usual and customary operating and financial costs. As it relates to the application of Development Cash Flow described in Fla. Admin. Code Ann, R, 67-48.010(4), the term does not include extraordinary capital 7 �i 1 CM r° a � • ci' Yr Sent by: GREENBERG TRAURIG Ffrm : GA'T'EhIxar= MIAM1 305 579 0717; 12/21/I15:48; ,Jetfix #171,Pege 11/25 PHONE NO. : 305 372 33M Dec. 21 1999 01:15PM P6 expenses, developer ibes and other non-opextting expenos, (32) "Difficult Development Area" means any uea designated by the Saxetary of Hoi& iBg and Urb,a Development es having high construction, land, and utility costs relative to are, median gross income in a000rdance with Section 42(d)(5), MC. (33) "Draw" means the disbursement of funds to t Development under the SAIL and/or I ohm Program(s). (34) "Elderly" itoxis a person 62 yem of age or older. (35) "Elderly household' desalt" it household of one or more persons wherein at least one-half of tho residents is Elderly. (36) "Eligible Localit W means those counties and cities identiW within Form 17 of the Application Package as jurisdictions which do not receive Ei0yx emitleracnts directly from Hil'lrt. (37) "Eligible persons" or Tliigible Household" means one or Moro natural persons or a f mlily, irrespective ofracx, creed, national origin, or sex, detenninod by the Corporation, to be oflow or very logy income. Its determining the ialrx = standards of eligible persons for its various programs, the Corporation shall take into account tho following factors: (a) ReQUIrements mandated by federal law. (b) Variadons in dreumo=es in the different area of the state. (a) Whether the determination is for rental housing (d) Tbaneed par family size adjustmam to accomplish the purposes set forth in this Fwa Chapter. WamsPc#to the HC Program, an">±.ligible Person" or "1214010Hottsehold" shall mean one or more persons or a family having a. combined income which meets thO income eligibility 8 Sent by: OREEN85RO TRAURIO 305 579 0717; 12/21/ 5:49; ,kW= #171,,Page 12/25 requirements of the Program and Section 42 of the Code. (38) "Executive Director" means the Executive Director of the Corporation. (39) "Extended Use Agreement" or "Extended Low -Income Housing Agreement" means, with respect to the HC Program, an agreement between the Corporation and the Applicant which sets forth the Set -Aside requirements and other Development requirements, ifany, under the HC Program. (40) "Family" or "Family Household" describes a household composed of one or more persons. (41) "Farmworker" means any laborer who is employed on a seasonal, temporary or permanent basis in the planting, cultivating, harvesting or processing of agricultural or aquacultural products and who has derived at least 50% of his income in the immediately preceding 12 calendar months from such employment. "Farmworker" also includes a person who has retired as a laborer due to age, disability or illness. In order to be considered retired from farmwork due to age, a person must be 50 years of age or older and roust have been employed for a minimum of 5 years as a farmworker immediately preceding retirement. In order to be considered retired from farmwork clue to disability or illness, -it must be: (a) Medically established that the person is unable to be employed as a farmworker due to sucp disability pr illness; and (b) Established that he or she had previously met the definition of Farmworker. (42) "Farmworker Household" means a -household of one or more persons wherein at least one member of the household is a Farmworker. (43) "Farmer's Home" or "FmHA" means the Farmer's Home Administration of the United States Department of Agriculture, which is now known as "USDA - Rural Development" or "RD" N Sent by: QREEN9ER0 TRAURIG 305 579 0717; 12/?i/15:49; Jetftt #171;Page 13/25 F ACM : PAT9VL SS M 1 AM i F1049 NO. : 305 372 3346 Vat% 21 1999 01:15PM P7 and formerly known is "Rural Ecor'"40 and Community 1evelopment" or "RSCD". (44) "FkAdcial Beneficiary" mesas one who is to receive a financial benefit of (a) 3% or more of total Deveopment Cost (including dofm-ed Fees) if total Development Cost is $5 million or leas; and (b) 3% of the first $5 million and l% of any costs over $s million (iaoluding domed fees) if total Development Cost is greater than 3S million. This definition includes my party which meets the above criteria, such as the Developer and its principals, and prbteii►als of the Applicant entity, This definition does not include third party leaders, Housing Credit Syndicatom, Credit Enhat►eera who Ara regulated by a state or federal agency AM -who do not .share in the prof is of the Development or building contractors whose total fees are within the limit dewed in Rule 67-48.002(49), p,kC. (45) "Phial Cost Cortiffcation" or "Form FCCA" Maas, with respcct to a Housing Credit Development, that Fort FCCA which is adopted and incorporated herein by refeimce, revised . and which shall be used by as Applicant to hurke all expenses incurred in association with construction or rahaWiWoa of a Housing Credit Development. Such form will be made available from the Corporation and shall be completed, excuutcd and submitted to the Corporation, as specified in Fla, Admin. Code Ann. r. 67-U.M(7>.(Sj Along with the recorded Extended Use Ate, a copy o>f'tho syndication agree== disclosing the rate and all terms, the required ce:tfied pubUc Wountant.opUmletter, phatographa of the completed Devolopment, the raotritoring fee, and documentation of the placed -in-service date as specified in FCCA instructions, The Final musing Credit AllocAtion will not be issued until such time as all items la the preceding sentence ere recoivod and processed by the Corporation. 10 r 80ht by: GREENBERG TRAt1RId 305 579 0717; 12J21/ 15:49; Jet!ax #171;Page 14/25 �3 (46) "Filial Dousing Credit Allocation" means, with respect to a Housing Credit Development, the issuance of Housing Credits by the aeeutive Director to an Applicant upon completion ofconstruction or rehabilitation of a Development and submission to the Corporation, by the Applicant of a completed and executed Form FCCA pursuant to Fla. Adna in, Code Ann. r. 67- 48.023(7).($), (47) "Funding Cycle" means the period of time commencing with the Notice of Funding or Notice of Credit Availability pursuant to this Rule Chapter and concluding with the issuance of Allocations or loans to Applicants who applied during a given Application Period. (48) "General Contractor" means a duly licensed entity which, to be eligible for the maximum 14yo fee, must meet the following conditions; (a) A project superintendent must be employed by the General Contractor and the costs of that employment must be charged to the general requirements line item of the General Contractor's budget; (b) Development consttuction trailer and other overhead must be paid directly by the General Contractor and charged to general requirements; (c) Building permits must be issued in the name of the General Contractor, (d) Payment and performance bond (or approved alternate security for General Contractor's performance, such as a letter of credit or other acceptable guarantee) must be issued in the name of the General*Contractor$,Md , (e) Not more than 20yn Of the Development cost is sub -contracted to any one entity unless otherwise approved by the Board for a specific Development. (49) "Geographic Set -Aside" means, with respect to a Housing Credit Development , the 11 Seta by: GREENBERG TRAURIO 0 305 579 0717; 12/21/ .49; j91rw #171;Page 15/25 FROM : OAT'EHOM MIAMI PF1t W RX : M 372 3348 Des 21 IM 81:1" Pe amunt of Allocation Authority which has been designated by the Corporation to be allocated fbr Housing Credit Developments located in specific geographical Tegions e+c►iWn the State of 1~lorida pursuant to the Qualified Allocation Plan. (30) "HC Program" means the LOW-Yncome or VEY T.ow Tacome rental houdas progrm admiuia cred by the Corporatiatt pursuam to Section 42 Of the Code and Suction 420.5099, Florida Statutek under which tine Corporation is dzaignated the Houft Cre& agency for the State of Flodda within the mmiag of Secdan 42(hX7)(A) of the Code, and this Rule Chapter. (51) "HOME" or "ROME PmWam" mean the HOME klwtme t Faxtnerships Program Pursvacd to the HUM) Regulations. (52) 61101V1:6-Assisted UWt" means the specific unity that Am fnadcd with HOME fhr& HOME units shall adhere to neat controls and iaeome targeting requim ents purswaat to 24 CPR § 92.252. (53) "HOMDevelopment"meansaayDevelogmmtwhi&receivesfinan W ancef ra tht Corporation under the ljo?a Program (54) "HOME Minimum Set-ARequirmtent" means the miWMUM set -aside revirment of20•/e ofthc HOME -Assisted Units in the Dswelopmcnt shag bo rented to persons at Soo/* of the median income adjusted for family size and 80% of the HOUR -Assisted Units in the Deydopment shall be rented to persons at 600K of the median income adjusted for fi mily size. (55) "HO to 0melopmemv'—Meaaa a Developai NI proposed to be construmed or rehabilitated with HOME funds. ADevelopmtut whiahis undurcaastrucdonmay be eligible to apply fbT HOUS flmds only if the building permit is dated within 6 mamba from the Applicatiov Deadline and the Development certifies cmPliat * with federal labor standards (if more than, 12 HOME. 12 Seht by: OREENSER0 TRAURiO Assisted Units), 305 579 0717; 12/21/ 15:50; jetffiX #171;Page 16/25 (56) "HOME Rent -Restricted Unit" means the maximum allowable rents designed to erasure Affordability on the HOW -Assisted Units: (a) High HOME rent means 800% of the HOME -Assisted Units in a Development must have rents set at no more than the lesser of the Section 8 Pair Market Rent (FMRs) or rents that are 30% for a Family at 65% of median income limit, minus tenant -paid utilities, (b) Low HOME rent means 20% of the HOME -Assisted Units in a Development must have rents set at no more than the lesser of the Section 8Fair Market Rent (FNMs), or 30% of the gross income of a Family at 50a/a of the area median income, minus tenant -paid utilities. (57) "Housing Credit" means the tax credit issued in exchange for the development of rental housing pursuant to Section 42 of the Code and the provisions of this Rule Chapter 67-48, 1~.A,C. (58) "Housing Credit Allocation" means the amount ofHousing Credits determined by the Corporation as necessary to matte a Development financially feasible and viable throughout the Development's Housing Credit Compliance Period pursuant to Section 42(m)(2)(A) of the Code. (59) "Housing Credit Extended Use Period" means, with respect to any building that is included in a Housing Credit Development, the period that begins on the first day of the Compliance Period in which such building is part of the Development and ends on the later of (i) the date specified by the Corporation in the Extended Use Agreement or a the date that is the fifteenth anniversary of the Iast day of theCompliance•Period; unless earlier terminated as provided in Section 42(h)(6) of the Code. (60) "Housing Credit Period" means with respect to any building that is included in a Housing Credit Development, the period of 10 years beghming with: 13 v -. .. .,.,...un..^v-�;aa»�.;.-.T�3ck?� 1. ",. •. �.. ?} § ��+'�:.. '4 �'^�^, }J'.�i��tc*7Y.-: ' Seht by: GREEN®ERO TRAUAIO 305 579 0717; 12/21/ 15:50; ` ,Aeifw #171;pgge 17/25 'M ' t9ATROM MIAMI 9RI* NO. : 3M 379 3340 Uea• 21 1949 01:17PM P9 (4) the taxable year in which Mw-h build ing is plawd is service, or (b) at the election of the DeveloM the sueceedbg taxable YOU. (til) "iioustng Credit develaprueat" () for s D�topaseat °�°& the proposed or e�� rental housing which Housing Credits have been applied fpr or received. (62) „housing Credit Rent-Itesfrlctad Usit" Develop�nent� a unit for which the meaea;, with respect to a � Credit Brost rant Goes not ace„d 30* of the ('Low-tacome or Vimputed income limitation ' 'fie) applicable to such unit at chosen by the AAplicM in the Application artd is accordance with the Code. Gross rent mutt be incladed In Go Application and must correspond to the duped from the rent charts p��ttsege ofarea asediaa income to by the Applicant in the Application. commuted 63 "lei' � et -Aside ousl Credit 5 A mean$ the numberof units isn tt Housing Credit D necessity to satirfy the percentage of Low -In Op�ni come or Vpy Low-filcolntUnks �ose�a by the Appholmt in the Application (64) "Housiaig Credit SYadiMor" mesas a perso CA* 4 pa,ttaetsbip, corporation, trust tity that regularly MgaM in t4,t or Ot4er pW"chaw ofintat"sts is itiee that Produce Q�fled Low inoonae Houma prQlaxs {as de$aed in Section 42(g) of the iateraal Revenue Co ""aft one written rgfer, in the Application that such den vW provides other entity has pied its obIigatioa under the � corporauo� oust or l�°�P Weemcats cad is not currently is d4Wt with those 4Srec+mmis.,,.. ` (65) "ii'ous!"a Provider" means, with respect to a HOML D"I.P e , local v consortia appr°Ved by l�jrj under g° eft' the Hi1D RsBt�latious, for�rotrt aid non-praiit leve7opers. cad qualified t D%, with demonsaated eapacity to congruet or rehabilitate affordable ho usuxg, I$ tj V06 5eht by: OREENBERO TRAURIO 305 579 0717; 12/21/ 15:50; ,JW #171;Page 18/25 i; 'EtyF.� means the U. S. Department of housing and Urban Development, (67) "HUD Regulations" means, with respect to the HOME Program, the regulations of HCID in 24 CFR § 92 (1994) issued under the authority of Title A of the National Affordable Housing Act of 1990 (Public Law 101.625, November 2s, 1990), as in effect on the date ofthis Mule Chapter. (68) "Income Certification", "Tenant Income Certification' or "Form TIC-1" means that Form TIC- 1 -which is adopted and incorporated herein by reference, revised _ , and which shall be used to certify the income of all tenants residing in a set -aside unit in a Development. (69) "Local (Government" means a unit of local general-purpose government as defined in Section .218.31(2), F.S. (1995). (70) "Low -Income" means, with respect to the HO&S Program, income which does not exceed 90% of the median income for the area, as determined by HUD, with adjustments for family size, except that HUD may establish income ceilings higher or lower than 805/6 ofthe median for the area on the basis of HUD findings that such variations are necessary because of prevailing levels of construction costs or fair market rents, or unusually high or low family incomes, provided; however, with respect to the HC Program, "Low Income" shall mean income which is at or below 50% or 60% of the area median income, adjusted for family size, whichever is elected. (71) "Match" means non-federal contributions to a HOUR Development eligible pursuant to the HUD Regulations. (72) "Non -Profit" mean&a qualified non-profit entity as defined in. the HUD Regulations, Section 42(h)(5)(c), subsection 501(c)(3) or 501(c)(4) of the Code and organized under Chapter 617, Florida Statutes, if Florida Corporation, or organized under similar state law if organized in a jurisdiction other than Florida, to provide housing and other services on a not -for -profit basis, which 15 Sent by: GREENBERG TRAURId 0 305 579 0717; 12/21C)i5:51; Jetht #171;Pege 19/25 FRbM : aveoze MIAMI PHO"S NO- 305 372 3M8 1)kn. 21 1999 01:17PM Pi0 owns at least 510/ ofthe ownership interest in the Development held by the general P3 trier entity And which entity is Weptable to federal and state agencies and fin4aoipl institutions as a g afford" housing. Ponsvr for M) "Note" means a unilateral dgreoment contaWAS an exprosa and absolute promiseto pay to the Corporation a P&dp4 sum of money for the SAM or MONM Programloan together with interest om a specl>�ed date, TIIe Note will prvtide the iraorgt rate and will be savt�ed b mortga�, Y a (74) `upordtlQ Aiveraigc^Won" Ineaus a distribution of &4jL sad MOME Prograa, towns to Devekpmew5 in varying Lr DVWhio locations with varn8 design structures and sire and with different types sad identity of Sponsor,. (75) . "PIVUMI , Allocation" means a now irtdiflg reaervsticm, aFIiousi rig Credits issued by tba Eacecutive Director to a Housing Credit 1?avo(o nit which p has successfully completat the creditunder6�$WCUS and de►ronstrated a need for Housing Credits (76) "PreLrtLnarq D.ctamination" moans as initial deter mt won by the Corporation of the "Ol mt ofT ouaing Credits outside the CoTon Auth orations Allocati� netxkd ii-om the Treasury to make a Tax-E cemPt Bond-1 maueed D"eiopment $nancially fbwbio and Viable. (77) "Prindpal" Maas as Apphouk any 8eneral parMer of am Applicamy and any officer, Factor, or any shareholder of any Applic W or shareholder of anY geae`xal partner of an Applicant. (") ` `Program" or 4kcgmms" means the S AEL, HOME ancUor liC programo(s) as Mmiaisftnd by the Corporgion. (79) "Program Report' or "Form PRr-I w mum the report format which is re�tirpd to be completed and submitted to the CorporAt(oq pursuant to Fla. Admix Code Rion. r. 67-48.a06 and 16 88ht by: OAMBERa TRAURIO 305 579 0717; 12/21/ 15:51, ,Xetiax #171;peg8 20/25 is adopted and incorporated herein by re&renCe, effbetive (80) "Progress Report" or "Form Q/M Report" means, with respect to a PIousirig Credit bevelopmeurt, a report formnsat that is required to be completed P and submitted to the Corporation Pursuant to Fla. Ate, bode Ants, r. 67-48.02$ 3 ( ), and is adopted and incorporated herein by reference, effective July 22, 1996. ($1) "Project", "Property" or "Development" means any work or improvement located or to be located in the state, including real property, dings, and any other real and personal p desi �{ ��'� gn and intended for the PrinatY Purpose of providing decent, safe, and sanitary residential housing for persons or f raMes, whether new construction. . coon. the acquisition of existing residential housing, or the remodelingimprovement, ' provement, rehabilitation, or reconstruction of wdsting housing, together with such related non -housing facilities as the Corporation determines to be convenient, or desirable. necessary, (82) "Quatifled Allocation Plan" or "QAP" means, with respect to the HC Program, the QMUed Allocation Plan which is adopted and incorporated herein by reference, effective and which was approved by the Governor of the State of Florida on Pursuant to Section 42(m)(1)(g) ofthe Code and sets forth the selection criteria and Preferences of the Corporation for Developments which will receive Housing Credits. (S3) "Qualified Census Tract" means any census tract which is designated by the Secre of Housin �' S and Urban Development as -having 50% or moreof the households at an income which is iess than 60% of the area median gross income in accordance with Section 42(d)(5), IRC. (84) "Recap of Tenant Income Certification lnformati0a" or "Form AR.. V means, with respect to the HONM and/or HC Program(s), a report format which is required to be completed and 17 i. � Sent by: aREENBERO TRAURIG "OM ' GATES MIAMI 305 579 0717; 12/21/15:51; ./Btii7at #171;Page 21 /25 PIOA:- NO. 30` 372 3348 Dec. 21 1999 01:19PM P11 submitted to the Corporation pursaam to this Rule Chapter and is adopted and incorporated heraaq by reference, erutive (85) "Rebabilitation" means, A►!tb respect to the HOXM Program, the alt%adoq *rOvement or madiseation of an existing S"UC 0. It alas includes moving an da Sting SWC- ffe to a foundation aamtruded with HOME timds. Rein Mtetiou may Ind ude addingromu outside the wab of It structure, but adding a housing unit is Considered new consbvc ion. (96) "ILet on P-qulty" means, with respect to &AIL Developments. the amount ofincome from the SAIL Developumv that may accrue to the Sponsoras investedMMVon SAIL Egtlity contributed to the SAIL Davelopmest not to exceed 12% per epmuaL (87) `Aev'cw Committee" means a eotewrittes ofaeven FM Mff persom appointed by the Board who will oversee the scoring of the Applications.. Meetings of the Review Committee, zWl be at the 00 of the Chairperson ofthe ROV Vw Committee who shall be appointed by the Executive Director_ (SS) "Rural DevetopmmM" or "RD" ar "USDA-RD" me4w (pr�uugy Called aVArmerfs HomaAdminiaastion"nr"FmHA") the United StsteaAeparmtentofA,giiwlUV_RurjjDevetopment Qr vthW *Oenq or Vitality Cmated of dlattered by the United States to which the powers of the RD brave been transferred. (89) "SAIL" or "SAIL Program" means the StateApartrnent Itmeative Loan Program cued pursuant to Section 420.5057,.Pio" Statutes_•. (40) "SAIL Equity" means the cash contriilwad towards the consnuction of a SArL O"Wopment a1 the time of the SAM loan dosing and the pie price ofl=d lass any laird debt financed. is 0�.1r 0G6 r- Sent by: OAMgERO TRAURIG 305 579 0717; 12/21 / 15:51 • ,Jkatfa7r #171;Pege 22/25 0 (a) For a public or Non -Profit Sponsor or Developer, an outright grant of funds, not to exceed I % of Development cost minus SAIL, Equity provided as described above. (b) For a public or Non-profit Sponsor or Developer, a loan subordinate to the SAIL loan from a local government may be considered "SAIL Equity". The rate used to calculate Return on Equity on such loan shall not exceed the lesser of the loan rate or 12%. (91) "SAIL Development" means a residential development which provides one or more housing units proposed to be constructed or substantially rehabilitated with SAL funds for Eligible Persons. A SAIL Development which is under construction, in the process of rehabilitation or which has been completed may be considered for SAIL Program funding only if; (a) The proforma submitted for the SAIL Development in other programs of the Corporation within the last year reflected SAIL funding; (b) Permanent financing of the costs associated with construction or rehabilitation of the SAIL Development has not closed as of the date the SAIL loan Application was received by the Corporation; and . (c) The Application and attached exhibits demonstrate that SAIL funds %V enable the SAIL, Development to provide at least 10% lower rents, provide additional amenities, or incorporate some additional features which benefit Very Low -Income persons or households. Developments.that. areaaot eligible to obtain SAIL funds are those Developments that have already received funding through the SAIL program. Developments that have extraordinary conditions such as acts of God, restrictions of any Gover mental Authority, enemy action, civil disturbance, ,fire, or any other act beyond the reasonable control of the Developer will need to 19 O;y°- jk)6 88ht by: ORMBERb TRAURIO 305 579 0717• 0 - ^ 12/21/ 15:52; ,�rw #171;Pago 23/25 FROM : GATEVuO E MIAMI PH31E NO. : 3A5 372 3348 DEC- 21 i999 01:18PM Pit approach the Board to obtain permission to process an Application through SAIL AI fbr adQitiottal funding. (92) "SAIL Mnimum Set -Aside Rcquit=n %e, means the least rawkw of set -aside units itt ti SAIL DevelopmOUT which must be held for Very Low -Income persons, or households pur UMU to the category 0A, Fa UY, Mderfy, or Fa coworker MW Comnier ial Fishing Worker) Under which the Application has been anode. The SAIL hMinitltum Set -Aside RegWrement shall be tither (a) 2oys of the SAIL prDject's units set gWdo for tenants, (l.e., Family; Eldetir or Parmovorker and Commeroial Fis Ang Water) with annual household incomes at or below 50% of the area, ma ttopO&M statWm d MU ("MSA") of state median income, adjuat®d for faaliiy shoe, whichever is hQow, or (b) 40% of the SAIL Projact's units set tilde for tenants (,'a" ~ amity, . Elderly; or Farmworker and Cotnmerciah FiWAS Worker) with em utal household incoaaea at or below WO/O of the arcs, MSA or state median income, whhchever is him► adjust l for family size. Sponsors of SAIL- funded Mv+elopments WWI have the option of selecang (b) mbove only if the SAIL, Developm" is sched<ded to be assisted with Housing Craft, In addition to the SAIL loam. (93) "Section 8 Eligible" means one or oaore parsons or families who have incomes which meet the income eligibility regpireamt's of Section 8 of the United Stet" Hovaiug Act of 1937, as in eHbct on the date of this RUhe Chapter. (94) "Single Room Ccatpaacy" of "SRQ" mesas hous,ag cottdjVng of Single room dwelling units that is the pnnuaryreddettco of tseacupant or oosupaU, I The unit n1uA contain eitber food prepartation or Sacituy 61lities (and may contain both) if the bevelopmopt consists of new oonsnttction, couveraion ofuon-raddemial Vace, or recmutmction, poraCqu;IItiQa Or rdua litation Of as u sties$ Mucture or hotel, neither food preparation nor sanitary facilities are required to be in 20 Sent by; LiREENBERG 7RAURIt3 305 57P_ 0717; 12/21/15:52; JBfruX #171;Pege 24/25 the unit. Ifthe units do not contain Mary facilities, the building rnust contai are shared by the tenants, n sanitary facilities that An SRO does not include facilities for Students. (9S) "Site Control Loans" means, with respect to a HOME Developmen fund covet Deveto meet ; fs Provided to P expenses necessary to deterttuIIe Developrttent feasibility, including costs of an iaitiat feasibility study, consulting fees, costs of Preliminary uncial applications, legal fees, architectural fees, engineering n ' ee ' � fees, anPgeutant of a develo m clearance, fP ent team, site control and title General operations! expenses of a CHDO are Rot allowable expenses. (96) "SPonsor" means any individual, association, corporation, joint venture tlusi, local government, or other legal anti orcombination � P�nershrp, t3' any combinationthere°fwhich: (a) Has been approved by the Corporation as qualiMed to own, construct rehabilitate,, reconstruc o ,acquire, perate, lease, manage, or maintain a Development; and (b) Except for a local government, has agreed to subject itself to the re 1 Powers of the Corporation. � story (97) "Student" means, with respect to a SAID„ . and Dousing Credit bevelopment(s), for the Purposes of income certification, any individual who is, or will be, a full-time student at an educational institution during s months ofthe year, -or a correspondence school wi .`Student" shall not be construed to ' tit regular facilities. include persons participating in an educational or training program approved by the Corporation. (98) "Substantial Rehabilitatioa_means, with respect to the SAIL Pro Development back to its on ' ��' to big a state with added improvemet, where the value of such repairs or improvements (excluding the costs ofacquuing Or moving a structure) exceeds 400 as is value (excludingp P / ofthe appraised land) of such 27evelo naent before repair. For purposes of this definition, the 21 r, a Bent by: AREENE3ER0 TRAURIO � + 305 579 0717; 12/21/ 15:52; +%M= #171;Page 25/25 FROM : ngT8F USC- MTAMI PHOW NO. : 305 372 3349 tk"-. 21 19" 01:18pM p13 value ofthe repairs orimiprowmwU Mums the Development C084, exclusiveofthe cost of or uwving the structure. To be ooaaEderad "Sub �� ILehabrlitstron,�, there must beat )east the 4bunda6ons remaining iiom the previous structu suitable to support the p p esivro oaCd con (qy) "Taxcgoa. Exatupt bond»i7insuftd Deveiopm ,,e means a A�..lopmeut which has been fiaanaed byhe, issuance of tax_excn pt bonds sul ject to appli 42(A(4) of then rvode. Able volume CAP puma nt to Section (100) "Treaseuy" nM= the United States b . epsrbmeat of Treasury or other ageor or m tality cre lted or Mattered by the United States to which the �' have been trrod. iOwere of the Acpartaiegt of (101) " VeVY LOwW-InCOMe # M0= (a) With rt►,ape:et to the SAIL, grog 1. "using tgx-exa�smpt bond fi =jog for the ft HousiMort mCeta the iuGome moo, iAcpnie which ��y r'equirements of Section 8 of the U $ ng Act of 193?, as in WM ott the date of this mile Chapter, or, rxtee 2. If using taxable financing for the first VWpg; natal annual gross bO Oho tnoo M whie;h does sot 506/, of the VAW'&a +t usted fbr &may size, or:5 Of the median income adjusted fhr AMiiy size for howeholda within the NtSAa 00, within the county in which the person or Au*tesidt�, or within the State of Florida whichever is gmter, cc, . 3. Ifused In a Development using Housing Qtft income whits meets the hicotee ciWbi]ity requirements of Section 42 of the Code; or (b) With M$Pect to the RobW pr08r4m► im-M which does not exceed 50014 of the nsed"n income for the arcs, as deterzwaW by HUD, with adjww=ts for family size, except that 22 ere WIMH I A T T O R N E 1' S .A(1T L A It' AdrieMhe Fri 305-579-0683 ner Pardo 1 j j � � I U November 17, 1999 Via Facsimile Ms. Teresita Fernandez Clerk, Hearing Boards City of Miami 444 S.W. 2nd Avenue Miami, FL 33130 Re: Miami River Park Apartments, Item 3, November 15, 1999 Zoning Board Agenda Dear Teresita: This letter is to advise you that we are appealing the Special Exception with regard to the above -mentioned project which was approved at the November 15, 1999 Zoning Board meeting. Our appeal is with regard to the conditions that the Planning Department requested be included in the Motion. Please place this item on the December 14, 1999 City Commission Agenda. If you have any questions please call me at (305) 579-0683. cc: Mr. Jim Koningisor Mr. Mike Spetko Ms. Ana Gelabert Ms. Lourdes Slazyk Lucia A. Dougherty, Esq. MIAMI/PARDOA/1 %3o83/nfltvol I.DOC/11/17/99/99999.457721 Very truly yours, �� er�65L� Adrienne Friesner IR NOV 2 2 1999 I'l CRF.ENRERC TRAURIC, P.A. 1221 BRICKELL AVENUE MIAMI, FLORIDA 33131 305-579-0500 FAX 305-579-0717 www.gtlaw.coni MIAM1 NFB' YORK WASHINGTON, D.C. ATLANTA PHIL.ADELI1111A T1'SONS CORNER SAO PAUL (`-'��1 I (i FORT LAUDERDALE WEST PALM BEACH ORLANDO TALLAIIASSEE BOCA RAYON t V + 9 6� 6 A.'T'TQ u- NEY A, T LAw Y sax 403109th Floor ►:ap;tal bank Building Telephone: (305) 530-1:00 "•fia► i Beach, Fl. 3SI40 1221 Rrickall Avenue Outside Dade County: Miami, Florida 33131 1-800-208-3300 November 24, 1999 RE: Case No. 199-0270 Office of Hearing Boards Appeal City of Miami 444 SW 2 Avenue, 7th Floor _. Miami, FL 33130 ATTN: Teresita L. Fernandez Executive Secretary Gentlemen: This is an appeal of the decision of the Miami Zoning Board on Monday, November 15, 1999 in passing by a majority a special exception as listed in ordinance number 11000, as amended, the coning ordinance of the City of Miami, Article 9, Section 917.6, Reduction in Parking Requirements for Housing for Low Income Families and Individuals, a certified copy of which is attached and made a part herein. The applicant requested the City to waive 107 of the required 313 parking spaces. The proposed 14 story apartment building and parking garage will be located on property now known as Lots it through 20, Block 73-N Less the North 10.00 feet thereof "Map of Miami -Dade County, Fla" according to the Plat thereof as recorded in Plat Book "B" at Page 41 of the Public Records of Miami -Dade County, Florida. Lot it 485 NW 4 Street Lot 12 465 NW 4 Street Lot 13 453 NW 4 Street Lot 14 447 NW 4 Street Lot 15 443 NW 4 Street Lot 16 433 & 439 NW 4 Street Lot 17 429 NW 4 Street Lot 18 421 NW 4 Street Lot 19 411 NW 4 Street Lot 20 s 405 NW 4 Street "According to the City of Miami parking code requirements, 313 spaces are required to supply parking for an apartment building containing 187 units as computed using the following formula: One space per each one bedroom unit, two spaces per each two bedroom unit, and two spaces per each three bedroom unit, plus one visitor space for every ten units." 2 This appeal is brought by Peter B. Sobel, a property owner who owns 421 NW 3 Street, Miami, FL 33128, located within 375 feet of the proposed buildings. The special exception should not be granted and the ruling of the Miami Zoning Board should be reversed on the following grounds: 1. The application for special exception on behalf of Miami River Park Associates, Ltd. states, "Nature of proposed use special exception for reduction in parking for an affordable housing apartment building." 2. Section 917.6 is for "reduction in parking for housing for low income families and individuals". It further states in 917.6(A), "After such permit shall have been issued, the premises shall not be used other than as low income housing, subject to the exception and limitations set forth in (A) above...11. Section 917.6(A) states, "The project shall otherwise conform to the requirements of state and/or federal programs for this purpose". 3. There is a clear distinction between "affordable housingif and "low income families and individuals housing". The section that permits a special exception for reduction in parking spaces is available for only low income families housing. 4. The application in and of itself does not fulfill the criteria of section 917.6. 3 v t�... 966 H H 5. The Zoning Board failed to consider or inquire whether the total occupancy of 187 units were "low income families and individuals". The granting of a special exception is based on the application to be filed in accordance with the zoning law criteria state in the special exception, which was not done here. The Miami Zoning Board had a duty to inquire whether the proposed project is for only low income families and individuals, which it did not. The application which the Zoning Board acted upon did not contain the necessary elements. 6. The applicant failed to mention their proposed apartment house project on the south side of 4th Street. It is directly 'across the street from this 14 story apartment house and parking garage. This will also impact the neighborhood on street parking. The apartment buildings on the north side of 3rd street use all the on street parking spaces. The apartment buildings on the north side of 3rd street were built before off street parking was required. Over 100 apartment units rely on the on street spaces on 3rd street because they do not have their own Off street parking. Therefore the Miami Zoning Board decision should be reversed so as to deny the special exception. If the commission sustains 4 �9- 966 this decision it will be causing great harm to the appellant and reduction in the value of his property. The future use of his R-4 zoning will be reduced due to over crowding of on street parking. The Appellant owns one of those buildings at 421 NW 3 Street. We must have the current on street parking on 3rd street, especially all night when all the residents cars are parked. There will be an overflow of on street parking on 4th street which will spill over to 3rd street if this exception is granted. The leading case of Mayflower Property, Inc. v city of Ft. Lauderdale, Fla. App. 1962, 137 So.2d 849, on the question of whether the relief sought by the Appellant is a variance or an exception stated: "A 'variance' is the relief granted from the literal enforcement of a zoning ordinance permitting the use of property in a manner otherwise forbidden upon a finding that enforcement of the ordinance as written would inflict practical difficulty or unnecessary hardships on a property owner. An 'exception' is a departure from the general provisions of a zoning ordinance granted by legislative process under express provision of the enactment itself. If certain facts or circumstances specified in the ordinance are found to exist, then either on a direct application, or on an appeal from an administrative order S QJ 9 O 44 enforcing the zoning ordinance, a board of adjustment may grant an exception. A variance is entirely different from an exception although the terms are sometimes, in error used synonymously. In the absence of a specific provision of law requiring it, one need not show usual hardships to secure an exception. An ordinance granting the power to make exceptions must contain proper standards or rule of guidance, and under such circumstances, the Board is not rezoning or usurping legislative power..." This application fails to meet the requirement necessary to be entitled to a special exception under section 917.6. cc: Adrienne F. Pardo, Esq. 6 Respectfully submitted, Peter B. Sobel F--7 Appellant PO Box 403105 Miami Beach, FL 33140 (305) 539-1700 �,� Colo- ZONING § 917 two (2) dwelling units-. The remaining one-half (1/2) of land area which would otherwise be used for parking shall be set aside and maintained as open space or utilized for recreational purposes. The following requirements and limitations shall apply: (a) Applicant shall submit written certification from the corresponding state or federal agency in charge of the program. (b) Such offstreet parking shall be permitted upon a finding that, in view of location of such housing, the economic status of anticipated occupants, and other pertinent considerations as specified in the permit, there will be adequate offstreet parking of occupants, visitors, and employees. (c) After such permit shall have been issued, the premises shall not be used other than as housing for the elderly, subject to the exceptions and limitations set forth in (a) above, unless and until any parking requirements and all other requirements or limitations of this zoning ordinance for the district involved and applying to the new use shall have been met. Housing for the elderly, in relation to this regulation, is not to be construed as homes or institutions for the aged which are primarily convalescent or nursing homes. 917.6. Reduction in parking requirements for housing for low income families and individuals. Reduction of generally applicable offstreet parking requirements in connection with housing for low income families and individuals may be allowed by Special Exception only to an amount not less than one-half M) of the spaces generally required. The remaining one-half (1/2) of land area which would otherwise be used for parking shall be set aside and maintained as open space or utilized for recreational purposes. The following requirements and limitations shall apply: (a) The project shall otherwise conform to the requirements of state and/or federal Programs for this purpose. (b) The zoning board, in its consideration of the application for Special Exception, shall determine and make a finding that the reduction in offstreet parking requirements is justified in view of the nature and type of prospective occupancy, the economic circumstances involved, and that traffic and parking problems resulting from such reduction will not unduly burden traffic facilities in the neighborhood. (c) The zoning board shall, as part of its grant of Special Exception, specify that the city, upon notice and hearing as for Special Exception, may later require that the one-half (1/2) of land area set aside be converted and devoted to offstreet parking, if it is demonstrated that traffic and parking conditions together with impact on the neigh- borhood require such conversion. (d) After such permit shall have been issued, the premises shall not be used other than as lowincome housing, subject to the exceptions and limitations set forth in (a) above, Supp. No. 5 358.3 C v1 e! �J p § 917 MIAMI, FLORIDA unless and until any parking requirements and all other requirements or limitations of this zoning ordinance for the district involved and applying to the new use shall have been met. 917.7. Reduction in parking requirements for combinations of commercial and, office uses on the same premises. Where commercial and office uses are combined on the same premises and proposed parking facilities are so located and designed as to serve both uses conveniently and with reasonable security, the combined parking requirements may be reduced to ninety (90) percent of the total required spaces only by Class II Special Permit. 917.8. Deferral of portions of total required parking improvements, by Special Exception for initial period, control of extensions. By Special Exception, the zoning board may allow deferral of provision of parking spaces, construction, surfacing, drainage, marking, and other improvements incidental to preparation for actual use of portions of required parking, upon findings that such portions are not reasonably likely to be required because of the type of occupancy of the premises, the character of the neighborhood, joint use of facilities by uses with differing peaks of parking demands, or for other reasons assuring that deferral of such improvements will not result in parking shortages on the premises, or increase on street parking demands in the vicinity. Except where parking is provided in a structure, such as a parking garage, areas on the lot on which parking improvement requirements are deferred by special permits shall be improved and maintained as green space until improved as required for offstreet parking. No such area shall be included as meeting part of any requirements concerning amount of green space to be provided on the lot, since deferral of improvements is not intended as a waiver of offstreet parking requirements. 917.8.1. Deferral period, revocation o f permit; notice of revocation. Such deferral maybe for a specified period of not less than one (1) nor more than five (5) years without provision for renewal except upon application for a new Special Exception permit, or for such specified initial period with provision for renewal for not less than one (1) nor more than five (5) years as set forth in section 917.8.2. below. All such permits shall be revocable, in whole or in part, and the conditions and safeg uards attached thereto may be changed by the zoning board, after consultation with the permit holder or his duly authorized agent, upon findings based upon evidence that continued deferral of required improvements for all or part of the spaces involved is no longer justified, or that changes in conditions and safeguards are required. Such permits shall contain notice of these provisions concerning revocation or changes in conditions or safeguards. Prior to any consideration of revocation, the zoning board shall give notice to the eermit holder, but in the event of his failure to appear in person or by agent at the meeting at which the matter is acted upon, the board may proceed in the matter. Supp. No. b 358.4 09- �G, C36ordinanceatta STATE OF FLORIDA ) COUNTY OF DADE ) CITY OF MIAAII ) I, WALTER J. FOEMAN. City Clerk of the City of Miami, Florida, and keeper of the records thereof, do hereby certify that the attached and foregoing pages numbered 1 and 2, inclusive, constitute a true and correct copy of section 917.6 of City of Miami Zoning Ordinance No. 11000, as amended. IN WITNESS WHEREOF, I hereunto set my hands and impress the Official Seal of the City of Miami, Florida, this 15`h day of November, 1999. WALTER J. FOEMAN City Clerk Miami, Florida Deputy Cler (OFFICIAL SEAL:) �9- 966 oz-12 4� 111 V'3 ANALYSIS FOR SPECIAL EXCEPTION 405 through 485 NW 4t" Street. CASE No. 1999.0270 Pursuant to Article 9, Section 917.6 of Ordinance 11000, as amended, the ,Zoning Ordi- nance of the City of Miami, Florida, the subject proposal to allow the reduction of park- ing requirements for low income families and individuals has been reviewed as follows: Required parking: 313 Provided parking: 206 (65.8% of the required parking) The following findings have been made: • It is found that based on previous experiences with similar petitions and the subse- quent results of parking spill over into the and Zoning D immediately adjacent area, the Planning g . epartment is conducting a study in order to decrease the 50% reduction of the required parking for love income families allowed in Ordinance 11000. • It is found that the requested reduction of parking (34.2%) for this type of project will be detrimental for the neighborhood as a result of parking spill over into the immedi- ately adjacent area • It is found that the proposed layout provides adequate vehicular circulation. J,y7 . • It is found that the design of the proposed facades are adequate. _ q • It is found that the depicted landscape plan complies with the minimum ments. require - Based on these findings, the Planning and Zoning Department is recommendin denial of the requested reduction of parking as presented. g P9- l (7''. Miami Zoning Board Resolution: Z8 1999-0237 Monday, November 15,1.999 Ms Ileana Hemandez-Acosta offered the following Resolution and moved its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1305 OF ORDINANCE 11000, THE ZONING BOARD GRANTED THE SPECIAL EXCEPTION AS LISTED IN ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 9, SECTION 917.6, REDUCTION IN PARKING REQUIREMENTS FOR HOUSING FOR LOW INCOME FAMILIES AND INDIVIDUALS, TO WAIVE 107 OF THE REQUIRED 313 PARKING SPACES FOR THE PROPERTIES LOCATED AT APPROXIMATELY 405, 411, 421, 429, 433, 439, STREET, LEGALLY DESCRIBED AS LOTS 11 THROUGH 20, LO 447, CK -N 3 SS AND 485 THE TH 10.o FEET, MAP OF MIAMI-DADE COUNTY, FLORIDA (B-41), PUBS C RECORDS OF M AMI-DADE 0 COUNTY, FLORIDA; ZONED R-4 MULTIFAMILY HIGH DENSITY RESIDENTIAL. THIS SPECIAL EXCEPTION WAS GRANTED WITH A TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED, SUBJECT TO THE FOLLOWING CONDITIONS BY THE PLANNING AND ZONING DEPARTMENT: 1) A NEW SET OF PLANS BE PRESENTED TO AND APPROVED BY THE PLANNING AND ZONING DEPARTMENT, AND 2) COMPLIANCE WITH 36 CFR, PART 600 AND SECTION 106, REGULATIONS AND HISTORIC PROPERTIES. Upon being seconded by Mr. Fidel A. Perez, the motion was passed and adopted by the following vote: Mr. George Barket Ms. Gloria M. Basila No Mr. Charles J. Flowers Away Ms. Ileana Hemandez-Acosta Yes Mr. Osvaldo Moran-Ribeaux Yes Mr. Humberto J. Pellon Away Mr. Fidel A. Perez Yes Mr. Juvenal Pina Yes Mr. Ricardo D. Ruiz No Mr. Georges Williams No Yes AYE: 5 NAY: 3 ABSTENTIONS: 0 NO VOTES: ABSENTS: Ms. Fernandez: Motion carries 5-3 Case No.: I ay,9-U270 1 t:. 7 eresita L. Fernandez, Chief 0 0 — �' Office of Hearing Boards Item Nbr: 3 ZOMNG BOARD ACTION FOR SPECIAL EXCEPTION MOVrthe request on Agenda Item # be (DENIED) RANTED m that the requirements of Article 16 NO sa RE sfied by relevant evidence in the record of th(WERE) p blic hearing. (a) as stated in the City's findings of fact, or (b) as�demonstiated by the petitioner, or (c) on the basis of the following: The Zoning Board, in its decision to (GRANT) (DENY) the special exception, shall make written findings that the applicable requirements of this Zoning Ordinance, Section 2305, (HAVE) (NAVE NOT) been met. (CIRCLE APPROPRIATE CONDITIONS) 1305.1 Intgress and Earen. Due consideration shall be given to adequacy of ingress and egress to the Property and structure and uses thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow, and control, and access in case of fire and emergency. 1305.2 Offsneet Parkin¢_ d L g, Due consideration shall facilities as related to adjacbe given to offstreet parking and loading and be streets, with particular reference to automotive and pedestrian safety and convenience , internal traffic flow control, arrangement in relation to access in case of fire or other emergency, and screening and landscaping. 1305.3 Refuse and Service Areas. Due consideration shall be given to the location, scale, design, and screening of refuse and service areas to the manner in which refuse is to be stored, and to the manner and timing of refuse collection and deliveries, shipments, or other service activities, as such matters relate to the location and nature of uses on adjoining properties and to the location and character of adjoining public ways. 1305.4 Signs an, d gap Due consideration shall be given to the number, size, character location, and orientation of proposed signs, and of proposed Iigintn'g for signs and premises, with particular reference to traffic safety, glare, and compatibility and harmony with adjoining and nearby property and the character of the area. 1305.5 Utilities. Due consideration shall be given to utilities required, with particular reference to availability and capacity of systems, location of connections, and potentially adverse appearance or other adverse effects on adjoining and nearby��property and the character of the area 1305.6 {{{{{'''' Due consideration shall be given for drainage, with particular reference to effect on adjoining and nearby properties and on general drainage systems in the area. Where major drainage volumes appear likely and capacity of available systems is found marginal or inadequate, consideration shall be given to possibilities for recharge of groundwater supply on the property, temporary retention with gradual discharge, or other remedial measures. 1305.7 Preservation of Natural Features Due consideration shall be given to Prot7sion for the preservation of existing vegetation and geological features whenever possible. 1305.8 Control of Potentially Adverse Effects Generall . In addition to consideration of detailed elements indicated above, as appropriate to the particular class or kind of special permit and the circumstances of the particular case, due consideration shall be given to Potentially adverse effects generally on adjoining and nearby the area, the neighborhood, Properties, or the City, of use or occupancy as proposed, or its location, construction, design, character, scale or manner of Operation- Where such potentially adverse effects are found, consideration shall be given to special remedial measures appropriate in the particular circumstances of the case, including screening or buffering, landscaping, control of manner or hours o such space, or such other measures f operation, alteration of use of as are required to assure that such Potential adverse effects will be eliminated or minimized to the maximum extent reasonably feasible, and that the use of occupancy will be compatible and harmonious with other development in the area to a ! degree which will avoid substantial dey.preciation of the value of nearby Signature Agenda Item Date = --ow. 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A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK O&AMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. 4r#r44r44ra#•w#44444rwt444rw4w44rr4a4arww44aarr44t44rar4t4a#rwwawr444w44wat4ww4sa44wa44#####44#4 NOTE: TMS APPLICATION MUST BE TYPEWRITTEN AND SIGNED IN BLACK INK, Within the City generally, or within certain zoning districts, certain structures, uses, and/or occupancies specified in this ordinance are of a nature requiring special and intensive review to determine whether or not they should be permitted in specific locations, and if so, the special limitations, conditions, and safeguards which should be applied as reasonably necessary promote the general purposes of this Zoning Ordinance and, in particular, to protect adjoining properties and the neighborhood from avoidable potentially adverse effects. it is further intended that the expertise and judgment of the Zoning Board be exercised in malting such determinations, in accordance with the rules, considerations and limitations relating to Special Exceptions (see Article 16 of the Zoning Ordinance). Formal public notice and hearing is mandatory for Special Exceptions. Ile Zoning Board shall be solely responsible for determinations on applications for Special Exceptions except when otherwise provided for in the City Code. All applications shall be referred to the Director of the Department Planning and Development for his recommendations and the Director shall make any further referrals required by these regulations. I,Adrienne F. Pardo, on behalf of Miami River Park Associates, Ltd. hereby apply to the City of Miami Zoning Board fbi approval of a Special Exception for the property located at See attached Exhibit " 2 ' . folio number See attached Exhibit . Nature of Proposed Use (please be specific): Special Exception for reduction in parking for an affordable housing apr man ui In support of this application, the following material is submitted. x 1. Two original surveys of the property prepared by a State of Florida Registered Land Surveyor within one year from the date of application. x 2. Four copies -signed and seated by a State of Florida Registered Architect or Engineer -of site plans showing (as required) property boundaries, -existing (if any) and proposed structure(sj parking, landscaping, etc.; building elevations and dimensions and computations of lot area and building spacing. (.- 5- 1566 ems, -_X_- 3• Affidavits disclosing ownership of property covered by applications and disclosure to application). re of interest from (attached - X , 4. Certified list Of owners of real estate -foot radius of within a 375 by the application, the outside boundaries of property $ P Pert3' covered S. At least two photographs that show the entire property (land and improvements - X 6-Recorded warran ) ty deed and tax farms the property, for the most current year available that show the present owne r(s) of - 7. Other (Specify and attach cover letters explaining why any document you application). are attaching is Pertinent to this R 8. Fee of S 8 0 0. 0 0 Zoning Ordinance: to aPPly toward the cost of processing according to Section 62-156 of the Special Exception ............................................ Special Exception re ......................... u' q iring automatic city commission review Extension of time for special exception,,,,,,,,,,,,,,,,,, ................. Public hearing mail notice fees, including cost of handling and mailing Per notice ............................ ..................... Surcharge equal to applicable fee from item above, not to exceed eight hundred dollars ($800.00) except f to the rom agencies of the city; such surcharge to be refund appli�t if there is no appeal from a pro� and seventy-five (375) feet of the subject property.owner within three hundred Signature 1241 Name Adrienne F. Pardo Address 1221 Brickell Avenue 1 1 Telephone 305 �579-�0683�� Date 'f STATE OF FLORIDA COUNTY OF MIAMI-DADS The foregoing instrument was acknowledged before me this ��'~` day of 19 U, by ---_._.._ Y produced who is personally known to me or who has �� as identification an w o j id not) take an oath. "I. 4t, a, �q Name: Notary Public- tate dCW"%,YS . CtlmmisSltlII GONZALEZ ARYMYBt1CSPATEOFiZOR1DA My Commissi n EIS&ION NO. CCM348 A:Y OAIMLSSiOM £XP. SEF'117,2002 #ff#f*f##ff#fffff#a:fr#f##f#►f#f#sfeff#f#fffffffrfrfrfrfrnaffffrrrrff#rrffw#rr#rf#e#frf*#r#fffff STATE OF FLORIDA COUNTY OF K AN-DADE The foregoing instrument was acknowledged before me this 19_ . by day of a _ of He/She is personally known to me or has produced corporation, on behalf of the corporation, and who did (did not) take an oath. as identification Name: Notary Public -State of Florida Commission No.: My Commission Expires: *f*##f#f#f###ff#*##*f##fffffA##fff##4ffffff##f#ff*#ffff##fff##ffff#A#ff#4#ritrffff#ff#f#ffrf#ff4* STATE OF FLORIDA COUNTY OF MIAIdII-DARE The foregoing instrument was acknowledged before me this 19 , by — day of Partner (or agent) on behalf of produced a Partnership He/She is personally known to me or who has as identification and who did (did not) take an oath, {� (� re C s v @:; i 'Yi AFFIDAVIT STATE OF FLORIDA } COUNTY OF My 1AM, 1-DADS ')SS Before me, the undersigned authority, this day Personally appeared • Adr' Who bring by me first duly y-wo xenne F . Pardo � upon oath, deposes and says: 1 • That he/she is the owner, or the legal representative of the owner a public hearing, submitting the accompanying application for as required by the Zoning Ordinance mance of the City of Miami, Florida, Affecting the veal property, located in the City of Miami, as described and listed on the pages attached to this affidavit and made a part thereof. 2• That all owners which he/she represents, if any, have given their full 8nd complete Permission for him/her to act in his/her behalf for the char ge or modification of a classification o accompanying petition. r regulation of zoning as set out in the 3' That the pages attached hereto and made a • • telephone numbers and lega!`�descri P� of this affidavit contain the current names, mailing addresses ptrons for the real Property, 4 of which he/she is the owner or legal representative. The facts as represented in the application and documents sub and correct. mittedrn conjunction with this affidavit are true Further Affiant sayeth not. STATE OF FLORIDA Applicant's Si COUNTY OF -DADS Adrienne F.�Par o The foregoing instrvrnent was acknowledged by Adrienne F. Pardo before me this day of �l• who is personally known �ee�iea d wh� d not) °rw�ac an take an oath. Name: NOtarypirb! MARrSOLRGoft Commission � 4TEOFFLORinA COMMISSION NO. CCfi34g MY Comrn O MISSION EXP. SEPr 172002 t ..4 t`. 0 OWNER'S LIST Owner's Name Miami River Park Associates, Ltd. Mailing Address c/o Gatehouse Group, 600 Brickell Avenue 603 M Zip Code 33131 Telephone Number (3 0 5) 3 7 2 -� 3 3 4 3 t i a m i, Legal Iscription: See attached Exhibit "2". Owner's Name Mailing Address Zip Code Telephone Number Legal Description: Owner's Name Mailing Address Zip Code Telephone Number Legal Description: Any other real estate property owned individually, jointly, or severally (by o n, partnership or privately) within 375 feet of the subject site is listed as follows: corporati Street Address Legal Description See attached Exhibit "4" Street Address Street Address Legal Description Legal Description 9.)-9 r ^.4 4 BE DISCLOSURE OF OWnRSHIP 1. Legal description and - stred address of subject real property. See attached Exhibft '2" for legal description and street addresm. 2, Owner(s) of subject real Prodisclosure of perty and PercmpageOf C'Mership. Note: Section 2.618 of the Code of the City of Miami requite parties hIvIg I financial- Of a Pr=mtation, request I Petition to the City Cmmniss, mterest, Cither direct or ftd� in the subject rnatter shareholders Of cOrPOmom, beneficiaries of 'Acc�y, question #2 mqmr,,, dcjOsu. of aftmes and PrOPOMmate interest trust, and/or any Other imm� parties, tVethCr with their See attached Exhibit 443" 3. Legal description and stet address of any real Property (a) Owned by any party listed in ans", 'C' #2' and (h) located Vvith:in 375 feet Ofthe Subject real Property. questi. See attached Exhibit "47) STATE OF FLORIDA Adrienne or Atu�tommcmy for Owner Adrienne F. pardo COUNTY OF' AGAM-DADE The foregoing m-strurnent was aclmowlg q-L(byAdriMF.PaPardo who ..me lusI day of is Personally Imowm to me or Who, has as ident'fcat'on and who did (did not) take an oath Produced Name; me; Notary YS LR LtZ y OF W C^O_ M NO 348 OATEXt SE 36 Lot 11 Lot 12 Lot 13 Lot 14 Lots 15 and 16 Lot 17 Lots 16, 19 & 20 Lot 20 Exhibit "1" Folio Numbers 01-0107-030-1100 01-0107-030-1110 01-0107-030-1120 01-0107-030-1130 01-0107-030-1140 01-0107-030-1160 01-0107-030-1170 01-0107-030-1220 09- �66 Exhibit "2" Legal Description: Lots 11 through 20, Block 73-N Less the North 10.00 feet thereof of "Map of Mia '- County, Fla" according to the Plat thereof as recorded in Plat Book °B" at Pa e Dade Public Records of Miami -Dade County, Florida. 9 1 of the Lot 11 Lot 485 N.W. 4t' Street 12 465 N.W. 4t' Street Lot 13 453 N.W. 4 h Street Lot 14 447 N.W. 41' Street Lot 15 443 N.W. 4t' Street Lot 16 433 & 439 N.W. 4t' Street Lot 17 429 N.W. 4t' Street Lot 18 421 N.W. 4t' Street Lot 19 Lot 411 N.W. 40' Street 20 405 N.W. 4"' Street 2 966 EXHIBIT "3" DISCLOSURE OF OWNERSHIP INFORMATION Miami River Park Associates, Ltd. is the owner of the Subject Properties. Gatehouse Development Corp. has a 99.99% owner interest in Miami River Park Associates, Ltd. David J. Canepari has a 50% interest in Gatehouse Development Corp. Marc S. Plonskier has a 50% interest in Gatehouse Development Corp. MIAMUPARD0A/1081058/n65 W 1 1.D0C/10/U4/g8 H Exhibit "4" H t+ot 3, in Block 901 of North, City of Miami, according to the Plat thereof, recorded in Plat Book B, page 41, of the Public Records of Dade County, Florida. Lots 4 and 5 less the South 5 feet in Block 20 of North, City of Miami, according to the • Fiat thereof, recorded in Plat Book B, Page 43, of the Public Records of Dade County, Florida. Lot 6, of Block 90 Korth of the City of Miami, Florida, except a strip of land 30 inches long running East and West and five feet vide running North Southeast corner of said Lot 6, alock 90, North, City of !Y'and South is the extreme 3aan according to la the P thereof, recorded in Mtat Book B at Page 4l of the Public Records of Dade •County, Florida. Lot 4, in Block 90, of North City of Miami, according to the Plat therm#, Plat Book 8, Page 41, of the Public Records of Dade County,.Fldrida. as recorded iu a) Lot 3 - 418 NW 4m Street b) Lot 4 - 428 NW 4" Street o) Lot 5 - 436 NW 4m Street d) Lot 6 - 444 NW 4'h Street el Lot i - 452 NW 0 Street �9- 966 405 thru 485 N W 4 STREET R" 4MLTIFAMILY HIGH DENSITY RESIDENTIAL Special Exception, pursuant td City of Miami Zoning Ordinance 11000, as amended, Article 9, Section 917.6 reduction in Parldng for low income families and individuals may be allowed by Special Exception. Required 313 Proposed 206 J iW-ce, l9- sing Inspector H Date a0b 10/27/99 16: 1 .0; pdgK- 372 33Q Ja*X #907;Pag .e 2.,g 0139:111 P2 ftw OW al ft Affiftt CwVmb of Lkliod Pwowft al MM WM pAh % bw of ft go df Alft NW Fgb=W It INL n Wmn byfow pm dg d " SOL 11'6 NUNN th IMM p oftrilp awwom 009- 966 vjzw4meatPjv ib t ttb Lw� s i Jla]3 r1 �34b rQ.20E DU of r�ritnntt of l3tmtr ► oertlfY from the reocrde of this office that 'OA' EMOUSE DEVELOPMENT CORP., is a corporation organized. under the laws of Massachus,stts, authorized to transact business in the' State of Florlda, qi alifled on Fp&umy 19,1993. The document number of.thls corporatian:ls F9300WOO983. I further cariify that salct WrPorstion has paid all. feea due this office through Dec®rnbar 31,1999, . that.• its most recent : annual , repolt was filed an MeY S. 1999, and Its statuz -Io sotive. I further certify that said corporation has not f1ldd a Cem#lcate of Wohdmwal. Olven under my hand d the G eat Seal of t e to a�lorida 'Twenty-ninth tfallahasses, t t itQl this the da S Y e�tertt�or, logo �►utfiarine �arri� n�BCt'L'tii� Glf �t7Sti' M .;xacayk .s �£ o-<-t u�H.lp•� n?e�;cHi-n2va;..0u`".*Yr�4�r'w�, :Tlv.*"�,�kz 74.. —}._..,)+k.. i N� r. &vartmmt Vf #rate I certify from the records of this office that MIAMI RIVER PARK ASSOOIATES, LTD., Is a Limited Partnership organized under the laws of the State of Florida, filed on February 26, 1998, The document number of this Limited Partnership is A98OW000542. I further certify said Limited Partnership has paid all filing fees due this office through December 31, 1999, and Its status is active. CFt2EO22 (2.95) Given under my hand and the Great Seal of the State of Florida Twenty-second aday of December, 1998 4 f i•.r Y ® TRANSPORT AfMYSiS PROFESSIONALS, INC. &MAIL. 8701 S.W. 137th AVENUE - SUITE 210 - MIAMI, FL 33183-4498 - TEL 305/385-0777 - FAX 305/385-9997 • October 7, 1999 Mr. Tim Koningisor Koningisor, ]Luciano and Associates 24 Lakeview Road Framingham, MS 01701 RE: Miami River Park Apartments - Parking Study Dear Mr. Koningisor: Per your request, Transport Analysis Professionals, Inc., (TAP) has recently performed a parking demand analysis to evaluate the need for parking at Miami River Apartments. To evaluate this need, we have performed a parking study of actual usage at two separate affordable housing apartment buildings located in the City of Miami, Florida which are comparable to the new building proposed by the Gatehouse Group. Also, we surveyed the existing parking conditions in the area of NW 4th Avenue and 4`h Street. Background It is our understanding that the Gatehouse Group is proposing to construct an affordable apartment building in the northwest corner of NW 4th Avenue and NW 4t' Street in the City of Miami, Florida. The proposed parking garage will supply 206 spaces to be used by tenants and visitors of the apartment building. The apartment building will consist of the following mix of apartments: One -bedroom units: 80 Two -bedroom units: 80 Three -bedroom units: 27 Total:187 The proposed parking would provide one space per unit, plus an additional one visitor space for every 10 units. This computes to a ratio of approximately 1.1 spaces per unit or 0.64 spaces per bedroom. According to the City of Miami parking code requirements, 313 spaces are required to supply Parking for an apartment building containing 187 units as computed using the following formula: One space per each one bedroom unit, two spaces per each two bedroom unit, and two spaces per each three bedroom unit, plus one visitor space for every ten units. The zoning code further provides for a reduction of up to 50% of spaces required for affordable housing, by Special Exception. This would allow a reduction to 157 spaces. The Gatehouse %nning • Design and Engineering • Accident Reconstruction � s7 U Mr. Jim Koningisor October 7, 1999 Page 2 Group has applied for this Special Exception, but has proposed to provide 206 spaces, or 67% of the required spaces rather than the 50% maximum reduction which the code allows. Parking Study In order to evaluate the actual parking need for the proposed development, and therefore the appropriateness of Gatehouse's request, TAP performed a parking study of two similar affordable apartment buildings. Both buildings report 100% occupancy, with waiting lists. One study was performed at the first such building (West Brickell Apartments) on Thursday, September 3& and at the second such building (Biscayne View Apartments) on Monday October 0' Both studies were performed between the hours of 7:00 PM and 9:00 PM. The apartment buildings are located within the City of Miami and have the following mix of apartments and associated parking: West Brickell Apartments - 950 NE 2"d Avenue One -bedroom units: 117 Three -bedroom units: 13 Total: 130 - Parking spaces provided: 130 - Parking spaces required by Current Miami code: 143 - Percent of required spaces actually provided: 91% Biscayne View Apartments - 915 NW 1# Avenue One -bedroom units: 154 Two -bedroom units: 284 Three -bedroom units: 25 Total: 463 Parking spaces provided: 454 Parking spaces required by current Miami code: 850 spaces Percent of required spaces actually provided: 54% The 7:00 PM to 9:00 PM time period was chosen for study as it represents a key time to be home for many people in a typical apartment building. It is the time of day that the average person is home from their day jobs and/or are still home prior to leaving for dining out or other activities or are coming back from dining out or other activities prior to the study's 9:00 PM end time. Because of the diversity between different schedules of people i.e., working days/working nights, it is also the time of day likely to experience peak visitation, eating out - eating in etc., the time of peak demand will vary slightly on any given day and from building to building. However, based on numerous comprehensive parking studies by this firm performed over the years, the 7:00 PM to 9:00 PM time period is representative of most building's peak demand period. Some building's peak times occur during the early hours of the morning, but the demand is only about 10% higher than the 7:00 PM to 9:00 PM study period. to) 9- 966 Y f (T Mr. Jim Koningisor October 7, 1999 Page 3 For the purposes of this ktudy to be conservative, we have computed the actual peak demand during the 7:00 PM to 9:00 PM time from actual continuous counts during this period, then added 10% to allow for a possible increase during the early morning hours as referred to above. Table 1 (enclosed) depicts the amount of parking demand for the West Brickell Apartments during the 7:00 PM to 9:00 PM study period. As can be seen in Table 1 at 8:10 PM, parking had peaked to 68 spaces or about 52% of the total available spaces with about 48% of the supplied parking still available. If 10% is added for a theoretical early hours peak demand, the parking need is only 75 spaces or about 58% of the total available spaces. Table 2 shows the amount of parking demand associated with the. Biscayne View Apartments. At the peak time interval, there were 75 vacant spaces available. The peak occurred between 8:45 PM and 9:00 PM having 379 (83%) of the 454 spaces occupied. If 10% is added for a theoretical early hours peak demand, the actual peak parking need reaches only 417 spaces, or about 92% of the available spaces. Available On -Street Parking To augment the 206-space garage for the proposed Miami River Apartments project, there is also on -street curb parking throughout the area. On September 30'b, TAP staff performed a study of available surplus street parking around the proposed development site near NW 4 h Avenue and NW 4 h Street. Table 3 depicts the results. From 8:00 PM to 8:40 PK the immediate area had 46 vacant on -street parking spaces available. In addition, there are several public lots available within a few blocks of this site. Available Public Transportation The Miami -Dade Transit Authority was consulted regarding bus route availability for residents of the proposed apartment building. It was determined that the area supports many routes within a four -block area. Further, a Metrorail station at the Government Center, only three (3) blocks away, supports both a rail station and the Downtown People Mover. The proximity of available transit facilities makes the proposed apartment building attractive to many people that don't own their own vehicles. This situation, of course, could significantly lessen the demand for parking at the proposed Miami River Park Apartments even further. Conclusions A summary of the data collected during this parking study of comparable buildings, and a comparison of that data to the proposed Miami River Park Apartments is as follows: 09 — C 1 Mr. Tim Koningisor ` October 7, 1999 Page 4 Proposed West Brickell Biscayne View Miami River Variable Apartments Apartments Apartments No. of units 130 units No. of bedrooms 156 bedrooms -Spaces required by code 143 spaces Actual spaces provided 130 spaces °/o of required spaces provided 91% Peak parking space demand 75 spaces -Peale parking space demand per unit 0.58 spacestunit -Peak parking space demand per bedroom 0.48 spaces/unit -% of spaces required by code actually utilized at peak demand 52% -% of spaces utilized 58% -vacant spaces at peak demand 55 spaces 463 units 797 bedrooms 850 spaces 454 spaces 53% 417 spaces 0.90 spaces/unit 0.52 spaces/unit 49% 92% 37 spaces 187 units 321 bedrooms 313 spaces 206 spaces 66% 167 spaces 0.89 spaces/unit 0.52 spaces/unit 53% 81% 39 spaces (Note: peals demand as set forth in this table represents actual peak from counts during 7-9 PM period, plus 10% added for possible need during early morning hours.) Thus, utilizing the data produced by this study, a conservative peak demand of 167 spaces is projected. This is based on an actual need of 0.52 spaces per bedroom (West Brickel! Apartment's is actual need 0.48 spaces per bedroom; Biscayne View Apartments is 0.52 spaces per bedroom). By providing is spaces, or 0.64 spaces per bedroom, inhere is a surplus or cushion, of 39 spaces projected at the time of peak demand in the early morning hours. This conclusion may be additionally conservative in view of the availability of convenient public transportation within a few blocks of the site. As an aside, this study also ratifies the premise of the Special Exception contained in the zoning code. The code provides for a reduction of up to 50% of the required spaces. As shown in the above table, the actual peak early morning demand is equal to approximately 52% of the code -required spaces at West Brickell Apartments and 49 % of the code -required spaces at Biscayne View Apartments. By way of comparison, Miami River Apartment developer's are proposing to construct 66% of the code -required spaces and therefore provide more than an ample supply of parking spaces for the project. Sincerely, Richard P. Eichinger Senior Traffic Engineer RPE/ws/9743 Enclosures __... cc: Adrienne Paido t:. 09- 966 19:10 19:20 19:30 19:40 19:50 20:00 20:10 20:20 20:30 20:40 20:50 21:00 Table 1 VVIfEEST BRICKELL APARTMENTS September 30, 1999 Total Total Percent of Occupied Available Total Spaces 61 63 62 62 64 65 65 68 65 62 63 64 65 77 78 78 76 75 75 72 75 78 77 76 rp 140 Available Parking Spaces (Including 5 handicap spaces) 45.00% 44.29% 44.29% 45.71 % 46.43% 46.43% 48.57% 46.43% 44.29% 45.00% 45.71 % 46.43% f. Percent of Total Available 56.43% 55.00% 55.71 % 55.71 % 54.29% 53.57% 53.57% 51.43% 53.57% 55.71 % 55.00% 54.29% 53.57% 59- 966 Table 2 Biscayne View Apartments Monday, October 4, 1999 Occupied Total Available Percent of Percent of Time PM Spaces Spaces Total Occupied Total Available 7:00 - 7:15 7:15 -7:30 315 325 139 69.38% ° 30.62 % 7:30 - 7:45 329 129 71 .59% 28.41 % 7:45 -8:00 329 35 125 119 72.47% 27.53% 8:00 - 8:15 345 45 109 73.79% 26.21 % 8:00 - 8:15 3 98 75.99% 24.01 % 0 8:3- 8:45 370 84 78.41 % 21.59% 8:- : 379 75 81.50% 18.50% 83.48% 16.52% Table 3 PROJECT SITE f Number of Vehicles parked Alona Curbside Around Block _9(_Pr000sed Site September 30, 1999 NW 4 St East of NW 4 Sl East of NW 5 Ave North NW 5 Ave NW 5 St NW 5 St NW 4 Ave NW 4 Ave Total Total Total NW 4 Ave NW 4 Ave of NW 4 St North of NW 4 St East of NW 4 Ave East of North of NW 4 Ave North of Vehicles Linear Linear North Side South Side East Side West skis u„.rr. era. NW 4 St e_.r�...,.,_ _. _.. NW 4 St _ . Parked Feet Feet 19:00 4 4 2 1 0 19:10 4 4 2 3 0 19:20 5 6 2 3 1 19:30 7 6 2 3 1 19:40 8 7 3 3 1 19:50 8 7 4 3 1 20:00 10 7 4 3 1 20:10 10 7 4 3 1 20:20 10 7 4 3 1 20:30 10 7 4 3 1 20:40 10 7 4 3 1 20.50 10 6 4 3 1 21:00 10 8 4 3 1 This includes all curbsides around the block of the proposed site. This Includes all curbsides around the block east of the proposed site Assumes each space to be 30 feet in length. 2142 Linear Feet of Curbside Parking Available Around She132"Loneor Feet of Curbside Parking Available on Block East of Site" 8 Metered Spaces 2 Blocks East of Site (Under 1.95) Miami Parking System Lot 013 2 Blocks East of Site Total— Percent of Percent of Available Linear Linear Parking Feet Feew _ 0 1 0 1 0 0 12 300 1782 59 18.81% 83.19% 0 1 0 14 i8 420 1722 57 19.61% 80.39% 0 0 0 19 540 570 i602 53 25.21% 74.79% 0 0 0 22 1572 52 26.61% 73,39% 0 0 0 23 660 1482 49 30.81% 69,19% 690 1452 48 32.21% 67.79% 0 0 0 0 0 0 25 25 750 1392 48 35.01% 64.99% 0 0 0 25 750 750 1392 46 35.01% 84.99% 0 0 0 25 750 1392 46 35.01% 64.99% 0 0 0 25 750 1392 1392 48 35.01% 64.99% 0 0 0 24 720 1422 46 35.01% 64.99% 47 33.61% 66.39% 0 0 0 24 720 1422 47 33.61% 60.39% ` � �ri'i:'1�.4TrY+:.1YMr}!i1C'•; ?tj�.�j•"':l'��rCrttf r14k. :!IAL:!: A ;}W » r.., 15i IR 155 wl. i7�tilb !MI► is Zi �rlet:. hh atnnR! ei.0lOf•e10.3l1Q � a lalS�eay�t aaptaabar.LOU ILL. Iwo rlaei�gr 14111tt-EYIO/ Orr ►Lens � RWQ *l9Rt ti►t;t //i0C'.ii:M,{r?D, rprow' r 1 f;' 0 t1•ittAa Maa►luai !►artaacatlp rrs+aMaataa , as lisle mats►+ at■r tram0060E Br.Ardw lrrrtMtrr ...... - ?w A /E/1aa(1i0.*a) . ..• • • . • wrrt.nrst.tre,.r►,.w. sum s,rrwk aawnm �a.tMarra►larrsa.rtats own% rwr.rr.r.r.romm w arwase rr�rt■Onit.saewyadrrutesa wnrrorraee.rr mm-mm 6" ROM r.r am No VOW or Lm 20, NAM 910 el" w am /km 4L, W Sr Pon= R=Rw t)t ymm-mu Cm!!. pLORt8l1 ' 4w400t a0 eaarlletlaaa, raaoraa t"a mad aaaaPYalae ai' saaoad. 1! iansw, 'rliab are ON laLmoo A bove Y. me tiaNt NZtasglNlf t� f vocal ae list, isn. it St'At F FLORMA, COUNTY OF DADE s ° hilgar Ir►1�Ih.s„N.ur.r ..°.r..dr�+apt ' �Ir.Nt aM►utt,. J/ :DBWIIY Clerk s: IsaatrirwltrwMtlYrrt6a4rrrs�etrrs�rsw"I tamps "WON. i r Irta► r Nam r is r1 w ad YY,hr me ow Y Am I" �ME R4firi/a�µ ••�� t a.s ►a�asaraatrnattpaaw,ias+w • wit"" RAM d7 tlosids cwjxff cr Mlael•Daaa aa�ra s■+tra we rttstarr MR s, ma slot ti .r isttasbar. » ar or GiL Mit talt. s alaole am, �sraalYrtr•r�.r�ataataawtrtioxld► AYiws'a 1Laa0uwrwM.+u nbatmr►ar,asaK LAW arMsrwssrtrRata< fsir�rllaaewlana teis~sad Raaat wr�M. � a4°s sunless w"°a rtw::'�ata. �Y alias► pr•D a This instrument ,)as Prepare� WeY. Patricia G. Wailes, Fs Stearns weaver MU! imaler Alhadeff & Siite x� % , P.A. 150 West Flagler St., Suitt 2200 Nliaei, Florida 33130 &cord and Return To: mow' Patricia G. WellesEs Stearns Weaver Milier Lissler Alhadetf i Sitterson, P.A. 150 West Flagler St:, Suite 2200 Miami, Florida 33130 Property Appraiser Grantee's Tax Identiticat3cn No. I ti L (See attached Exhibit A) (p •.,�°E : I ODUJ6 I (.e I. 476R 1C13193.3 teed r�rtr, 0r si1::� DOCMDEE 6 18 -00 SURTX 4 f 635.00 HARVEY RUVIN. CLERK DADE MUNTI'+ FL tRUE-MD) THIS QUIT CLAIM DEED shade tiv.s Stn day of Mareh, 1998, between Tyler Marx" Nolie" caep=y, a Florida corporation, successor by merger to Drexel band 6 Acreage Co., a Florida corporation (the "Granlor"), whose post office address is c/o Gelb & Spats, P.A., 3400 S.W. 3rd Avenue, Miami, Florida 33145, and Miami River Park Associates, Ltd., a Florida limited partnership (the "Gr=tso"), whose post office address is 2828 Coral Way, penthouse Suite, Miami, Florida 33145. The terms "Grantor" and "Grantee" in this instrument includes the respective successors and assigns of said parties. FZ2PIFcaAKXH: THAT the Grantor, for and in considezation of the sum of Ten Dollar& ($10.00) to it in hand paid by the Grantee, the receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey �! and confirm unto the Grantee the property (the "Property") lying and being in Dade County, Florida, as described in Exhibit "A" attached hereto and made a part hereof. IS., TOGETHER with all the tenements, hereditaments and appurtenances belonging or in any way appertaining to said Property, t, TO HAVE AND TO HOLD the same together with all and Singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, f.3 right, title, interest, lien, equity and claim whatsoever of Grantor, either in law or equity, to the only prober use and benefit of Grantee forever.- This Deed is subject to a $1,030,000 purchase money mortgage of even date herewith from Grantee in favor of Grantor. { IN WITNESS WEMMOF, the Grantor has caused this Quit Claim Deed to be A executed in its -name the day and year first above written. Signed, sealed and delivered in the presence or: ?YLER MERRIN MOLI£RE COMPANY, w�asa Si td e a Florida eorp ration Print Name of Witness \ \0 Q¢ tc.� �. By: WWW tSFT.Li'..,.. ��le Name: Ruth W. Greenfie3.0`t,&1F '..` Wy ess Signttu re , Title: President !. l'e.. L_/✓t,� � �= `` c � Print NO=* o£ Witness _ zvf..� � • � = .1 /•• •I N•'• i 1 (4 ( a ° "i Xj r'` STATE OP PLOPZ:A ) COUNTY of ~:AbE SS: Wt": I E 009PC 1722 The foregainq instrMent was ACknaaledged before me this 6th day of Marpany,ch, i998, by Ruth W. Greenfield, as President of Tyler Merrin Moliere C to Hari da corporation, on behalf of the corporation. He/sh® is oath.ma Or has Produced a driver license as identification and did notmtake na n oath. peraonally !c�can A61rou AA-'01KC Pint or Stamp. Name: Notary Public, State of Florida at L Commission No.: arge My Commission expires: c: %V,mw%353 $ &%)Il us". TM �2- PAVhTI Y it NOTw}�y�,Sr OF my SON Np. OC4I IDA OV P. DEC Zion rr4sttti.re al•olsr•ofo•lalo . sum em..J Deed 1y it rprarl+al, sttt w . flaw d1RU JQ►Ltx�r a alar3. soa, i dtba�tetlt IiG1it•AILlY , 'we K-l" ►�'�r r 1 KiAlO RSYrL IiRMR JIpQ�a.6'S9e ! • ttinNa i!tltM saetoavLlO + ..sr+rrl��Cee��q its t 03110 ` *&carnet , art ►/IWL 1breMMiYrYireDetY../ • • ' • ' a ' as a roriooloio.00) . • . • . • • . • ' o" a►��Itir�.lrgallalbrc 4MAM UYsWor ILVW L 690W dowwo iookkblat! IY.ge111i1117-Am art later Mi Ytanaerrraaren c owdtat to vsftlltaul , lsOaarl MMA are aaaMrata d FMOsdr if mqe vbi" we vAt miwosw blahs mw to"* "We"Mt to boosom t ales. Iflo. s StAt , F MAMA, COUNTY OF DADE tiMt 1Yt %A Nqpwo f"* pI, wI ►en. 0"diW y!' •Mk.� u91YMt�. 't p ",CUPdSr 7cl ' ia Cou � ril �_ ��•� "' _ :Deputy CIMk ="ru .•1 M. � Mftfttay..esaeaB.asraLrerura.rNlrr nanarsrss.es •rrewe r r+w in Y.er► r lb W* r ■d IN 4W sd PW ft Ow am r Moil atiel0 r 11it�a 6YA4E O� ilotida Sam 0! Mise!•Daea M map* bmm so am~ No o r Us% 6F + Wts2 oase 20 to or tti}Ri. Naa t =. am, irapsawr...�..r.rrr.s.+eraSorida atiwse• iiwas..r.r+e► , wrarrrMiwaisre view tawrar�aiana,aq fsi:ieid�pate w �gppILaRliiatatK rw,sba�a ItfQstlol .r�T� t°�ifcayr�A�s 29- 966 k pEC, 1800991724 tax Fo13o Nos- 01.0107-030-1100 (Lot 11) 01-0107-030-A130 (bot 12 01-0107-030.1120 (toot 13) 01-0107-030-1130 (LOt 14) 01-0.107.030.1140 (Lots 15 .and 16) 0i-OS.ti7-b1r0-1160 (Lot 17) 01-OS07-0_0•i170 (Lotx 18, 19 & 20). 01-0109-000-1050 (Lot 3) 01-0109-000-1060 (Lots 4 through 7). MRY� R yootx WVEV M.1 T :"f r'A 71 io Alm &ikof igv, t _ Hollywood, _ tNE H lywoo - - r Lin �u__ T?th i Tech S< 00 - c �' L -- Dort Lauderdale t, E i1' Go ho s _ _ P BISC4YNf PARK z ..' �.. �'r'-• < �� ^r t o < ?I __ _ cTLs z = t c t P � in, MA.GAREr r+tlC ,SL- t eemfi _..Ll. Litt Y lii" iatn h t $r °_r PACE PA4K ::. `r y,Z t) r_ Ei. si HtY 9th5t ; KHL4ND 5t ( \ VOLVAMS -t l ` w 1 r PARK' _ __. t _ -.- J PARK ... 3 f ,.-......�._ !� tl' < it`.t' h`i _. ... _...___I itl b15_Lth._ n .. �j + �. �._ 5t ? ' ♦. t10 ita ; m - �_ V . ( t, \', c F rl Ih_Ik a CAti?'tn i : - ._ ` 1`` _ to nn _..: 1 _ _ � = 3 % � ' ( lion 'S! k S CLV ill1� - _ / - iEii ti gth ,6' � St Yj } tnr_ n t _ l rc_. 'r E r 7_17t' >'r4 dal L__ C---?1 1dt1F4 — kSYdw,_.._. _.._ 4_ mi Herald fork Rite �,ti <' Pcbl'ic So ¢ I taspry {' < 8E T tt�y71 tl9". _ tJWi's' :[ 8 \ c ` < _IiVV i:�$Ic ` GPARK tWSI -Mae = a _ ! tit'ihc� ..F'a�;rA t tls.t Juna t , \\�.1�t1 _ ton Mahn ` t r� School z ?tt.-7 - 7 i -VAIt �1 tempie ` < N}_t-tlh_"' L'E z �tfi_SL... C�L ERh� SICENTEN141AL a [ y 15 - - - REEVES :� �\. e° _ of ,- -�� Sol .i 3 �,r �- �/� �!' �.. PARK z �,. i c �Qr �i6s _.. _ 1ilY et .S. l U,V wh ( 11 ^`r - -_ _,IE °tn E' - . Al 'An ' �rerr - C t r 8 "� iBil o n�N11 tin 1.< < r V {i.. Ett 51 ' C ettt �f _.._.. � l elt s.__...- - -- - .. ..._. _ _ - „ _ _ lc _ [.tnvatn c c �1Boll OVERTOWN e, — - c _ ... rn'r to a. ttE;tr PARK tar to Y ri L caJ3 ._ __S J1'r.oib 5, I:E etli ct -- — s zl AA _TI_w a` .�-�" _ -. Im o;h Si L ZA tl 5tn uI OM C Ba side Cry Yachr- R l r.i]Y �,�� Y � _I i to B rn r, Metro ver Oo "L"'�etpJae Bosin j-Vlrforw __ , -r Grp NtV nth 5f =_- i - ..'i„ 9. ,tr �t rE.=m..M' wn d I Kli $9 — _2111r 9 ri ?/f 7,S 3 1 E lodes Min tlo`spifa "" x : -- - SITE�Fe.:: �� l—_1 � ___:_ _�_ i�@9r '-----�C1 �r c � �GG> . ,]St ._•3 j � _ * lit?.t..r�t T �IewworldSt ! HENGERSON _ 0 r _ __' _ _ _ .� l .._ _ _- a I CENT _ _ of the I FIRST - y hd¢ ad �— ii --- - ---- —_. _ IIW 2•,a.st - j' !itr _np ,, Amphitheater ' -, -- c M@ito•DQ `STREET Ee ,� 1� S G < �.a E - itl. M s of S. Florida. _ .. YFR :- - -- - c - �__ _tl�'11s _ 5 _.._ _ t I_ it4! t Cou I a ¢su - - GgrY s-- Char BA OM l I ad '' Pull Uhinr 4 MAP i FTeatf CYbotd Bldg _ t�r�, W Fla Isr St E sy Gunman ,' ' PARK de&DLf i teeter+ lromover _ - <� I. Public Transportation < <'-- SW 1st Ste SE 1st t `m i ct�----- SW 1st St f _ AYFRONT PARK :- 2. County Gov. Center—_"""IW = - = i �`` .� Ch6F n II -� �i 1 p '-�---- AVE 3. School - BT Washington JR High - Ftaa inter -Continental 4. Miami Dade Commumry College��- -.Repr Miami r� c` - --- --- n I H TjK atrr L. St �. Super Market /Shopping vl RstoE ftft Bisca ne Blvd r 6. Child Care ) PARK FiVfRFROA7 PARK J men L Kn y SY Int r atronal Cenfer 4L SE7. Dowtuown Services - -- -.._ _ __ _ _ t �,i 3- Roy 1 Im Sheraton _- 8, Recreational - Lummus Park i. ! _ Cot 9 Brickell Point 't_ 9. Omni Mall ® SITE _ iF.Si ;Charm Rn'2tc, s• ,4' t cnn ,r C'i n,�hrnr ti' _RW 201h Sf d. ... . .... 0. ....... .. 0 Lauderdaleo i, Und Fort NErr A 91 77 .4hopsh 1 01 P F-2 Tec 3 6, e r 7: — 1 -- --ice fiv 1qw_ — -3z BISCAYNE PARK z zi CA MAqGARET C 1;U PAC: PARK t -M) St LF Q:; i COE MOUJAMS PARK 4: PARK CD work e < St Hosp' ita _ — --� f'� —L - -- _Alt XL11 r Te.,T AA F—I Z _S1 �ed I str_� a E I _Mn5M hild, W.; —r-rrAB- T, 4 . - 5i - ] 1-1 ." 9� H udd rk Rite 1 Mple P, b I -K S a 184ding to GIBSON WK <J.11 = - 'M ouwy:i: E: z Vice AA z Unlo -':Ih -1 -, \, I \ **Mohi Bid 1 r 12vi- School Tom le ?IV., -:'itn C LIAER 3! 41, > BICENTENNIAL REEVES PA.ZK 3: 5 Z3 S1. t, 'v-. 77 E !Alil P*m 51 wir 71f, Z: j OVERTOWN PARK in ht < a M 7'7' X 'T z L NE 5m It- n, 5" 1 iyy !I L IZEA UCOM-1 city Y.I:4t wi :rL 41 I dyst e esin ------ -- .;I vk� z 0 1 ing U Metro ver Oo I ff'vft ;I Victolia "'J" fee h E3 y E ll SITE lodes M HENDERSON G NT wo, Boyside p6h; 0 Amphithewer STREET — - -- - -------- U -�r:f -� i t . ........ PARK C, feA CENTS, frR� a Gem �L MAP - INDEX z Public Transportation < Counn, Gov. Center 33, School — BT Washington JR Hi eh 4. Miami Dade Community Colle2e - ----- 6. uper ldiarket / Shopping 6. Child Care --- I PARK h 7 • Dox%mto%N-n Services 5*1_ 8. Recreational — Lummus Park 9. Omni Mail I I W SITE 0 0 NIIAMi RIVER PARK APARTMENTS Executive Summary Proposed Project: MIAMI RIVER PARK APARTMENTS is a new rental development (consisting of a fourteen story hi -rise building adjoined by a three story garden -style building) for the elderly, singles and small families. This community will consist of 211 rental apartments and will have an on -site parking garage for the residents. All units will be set aside for families that make less than 60% of the Miami Dade County Median Income and 20% will be set aside for individuals that make less than 40% of the Miami Dade County. Site Address: Lummus Park - NW 4t' St. between NW 4 h Ave. and NW 5"Ave. The Lummus Park Area is located one block north of the Miami River and one block west of Miami's Central Business District and the Flagler Shopping District. Project Amenities: Community Center Playground /Tot Lot Car Care Area Dishwashers Refrigerators Cable T.V. Washer/Dryer Hookups Exercise Facility Laundry Facility Vertical Blinds Disposals Range / Range Hood Designer Carpeting / Vinyl Security Access Developer: Gatehouse Development Corp.(an affiliate of The Gatehouse Group) is in partnership to develop this project with BAME Development Corporation (a local non-profit affiliated with the Greater Bethel A.M.E. Church). Gatehouse Development currently owns the property through an affiliated limited partnership. This project has been awarded $1,604,655 in annual tax credits from the State of Florida's 1999 annual allocation, a City of Miami HOME Loan and we have been recommended to receive a Dade County Surtax Loan. This project will be owned and managed by The Gatehouse Group and BAME of South Florida, Inc. for a minimum of fifteen years and will be audited for compliance by the State of Florida annually. OJ 6 ra 0 (1-l') -1 Unit Mix: Tyke # % bents One Bedroom / One Bathroom 80 37°% $266 - $433 Two Bedroom / One Bathroom 80 37% $327 - $528 Three Bedroom / Two Bathroom 51 26% $378 - $610 Total 211 Resident Incomes: Annual Incomes for community residents must be between $15,600- $28,920. The 1999 median income for Miami and Miami -Dade County is $42,400. Unit Sizes: 1 Bed / 1 Bath 785 sq. ft. 2 Bed / 1 Bath 950 sq. ft. 3 Bed / 2 Bath 1085 sq. ft. 0 0 MIAMI RIVER PARK APARIN ENTS DEVELOPMENT TEAM Developer / Owner / Manager: The Gatehouse Group 600 Brickell Avenue S# 603 Miami Florida 33131 Att: Michael Spetko Vice President (305) 372-3343 and (305) 372-3348 fax BAME Development of S. Florida 245 NW 0 Street Miami, Florida Att: Reverend John White or Bill Mauzy Executive Director (305) 373-3333 (305) 373-8915fax Non -Profit 5010 Construction Consultant: Konnigisor and Luciano 24 Lakeveiw Road Franingham, Ma 01701 Att: Jim Konningisor President (508) 877-2344 (508) 877-9628 fax Local Attorney: Architect: Brian McDonough Stearns Weaver Miller 150 W. Flagler Museum Tower Miami, Florida (305)789-3350 (305)789-3395 fax Albaisa Architects 2964 Aviation Miami, Florida 33133 Adolfo Albaisa (305) 442-1193 (305) 445-1496 fax 211)— 966 n LIHTC 9% 19-Nov-99 MIAMI RIVER PARK APARTMENTS -Urban Infili 211 units - (80% below 60%, 20% below 40%) DEVELOPMENT COST PROFORMA USES TOTAL Land-------- Architect $5,095 per unit COSTS S1,075,000 Engineer $82g Per unit $175,000 Environmental/soil/Survey $592 per unit $12S,000 Water & Sewer Connection F per unit $1 502 $13,300 Impact Fees ,per unit $3,896 $317,000 Legal per unit $512 $822,081 Insurance per unit $308 $108,000 Taxes per unit $166 $65,000 Title & Recording Per unit $3S,000 Finance Fees $645 per unit $136,000 Inspection / Draw Fee $427 Per unit $90,000 Appraisal $118 per unit $25,000 Accounting $36 Per unit $7,500 Tax Credit Fees $142 per unit $30,000 Marketing $938 per unit $198,000 Soft Cost Contingency $474 per unit $100,000 Demolition and Related Cost $284 per unit $60,000 Relocation Costs $474 Per unit $100,000 Construction Loan Interest $474 per unit $1,763 $100,000 Construction Costs per unit $61,360 $372,000 Developers Overhead per unit $3,75® $12,947,000 Developer's Profit per unit $8 250 $791,294 Total Uses Per unit $92400 $1,740,847 per unit $19,433,022 SOURCES $0 Total Tax Credit Equity 1st Mortgage $57032 , per unit % TOTAL COST 2nd Mortgage . Ci ty of Mtam $21,327 per unit $12,033,709 $4,500,000 61.92% ANX Loan / Dade County $3,199 per unit $675,000 ° 23.16 /° Impact Fee Waivers 52,370 per unit $500,000 3.47% G.P. Cap Contrib i Deferred $2,412 per unit $5,760 $508,981 2.57% 2.62% Total Sources Per unit $92,100 $1,215 ,332 6.25% Per unit 519,433,022 ° 100.00 /° `0�_ r ()6 SID ip (D C MIAMI RIVER PARK APARTMENTS TIME LINE February 12, 1998 Obtained City of Miami Availability of Infrastructure February 19, 1998 Obtained Dade County Impact Fee Waiver March 1, 1998 Obtained preliminary Site Plan Approval March 6, 1998 Obtained City of Miami Fee Waiver, Local Verification of Affordable Housing Incentives, and Verification that project is an urban infill location October 31, 1998 Submit Application to the City of Miami for HOME Loan. December 8, 1998 City of Miami Commission Resolution for HOME Loan, subsequently Gatehouse purchases the Land for $1,030,000 December 9, 1998 Applied to the City of Miami zoning department for verification of site plan approval, zoning verification and impact fee waiver verification. December 14, 1998 Obtain preliminary site plan approval from the City of Miami, Verification of City of Miami Affordable Housing Incentives, Verification of Allowed zoning January 5, 1999 City of Miami Manager Commitment letter for Home Loan July 15, 1999 Gatehouse engages engineers and architect to prepare full set of construction drawings for the development. August 1, 1999 Gatehouse engages an appraiser to prepare appraisal August 17, 1999 Letter to City Manager informing him that we had received the tax credits from the state. October 4, 1999 Submitted application to the City of Miami for parking special exception for the zoning board meeting on November 15, 1999. it rA ra ij U U 6 October 20,1999 City of Miami Planning department informs developer for the first time that the development may be subject to a Section 106 review November 15, 1999 Planning board approves parking special exception subject to Section 106 Conditions November 16, 1999 Submitted Full set Construction Drawings for building permit December 14, 1999 City of Miami Commission to hear appeal for parking exception This development will be developed and managed by The Gatehouse Group, a company that has developed over 8,000 apartments throughout the nation and one of the leading affordable hosing developers in the State of Florida along with BAME Development of S. Florida Inc., a non-profit 501 c3 affiliated with the Greater Bethel AME Church, in Overtown. This development will consist of 211 rental apartments for the very low and low income individuals. All units will be affordable as defined by the State of Florida statutes with 20% of the units set aside for 40% of the Miami Dade County Median Income and 80% of the units set aside for 60% of the Miami Dade County Median Income. The Miami Dade county median income is $42,400 which means community residents will make between $15,600 to $28,920 per year. Rents will range between $266-$433 per month for a one bedroom/one bath, $327-$528 per month for a two bedroom/ one bath and $378-$610 for a three bedroom / two bath. This community will have an onsite parking garage, a community center, playground tot -lot, car care area, exercise facility, and a laundry facility. Each apartment will have cable tv, washer and dryers hookups, range, range hood, disposals and vertical blinds. ,_.._This community will be professionally managed by Gatehouse, which has managed over 12,000 apartments throughout the united states. The manager, assistant manger and maintenance people will all live onsite. !We will own and manage this community for over 20 years minimum, as required by our lenders, therefore we will insure that the development is as marketable in the 20th year as it is the first day it opens. —We will provide homeownership incentives, equal to 5% of the residents rent for as long as they reside at the community to be applied to their home purchase after leaving the community. .____We will provide homeownership counseling to the residents on how to repair their credit and how to purchase a home. We are committed to participating in the wages program during the construction of the development and through the management of the community. We are committed to self imposed minority participation in the construction of this development. Project Status: This development will cost approximately $18 - $19 million dollars to build, in which we have fine financing commitments from the State of Florida, Miami Dade County, First Union National Bank and of course the City of Miami. _The State of Florida in its allocation of Low Income Housing Credits this year ranked this project as the top urban infill project in the State out the 102 developments that were submitted, issuing a perfect score in its competitive application process —The state commitment of tax credits to this project will equal over $12,000,000 in equity for the development equal to over 60% of the project costs. The county has committed over $1,095,000 in loans and impact fee relief to the development. The City of Miami has given a loan commitment of $675,000 which is equal to approximately 3.5% of the total development costs _The counties commitment is 60% more than the City of Miami, yet the City of Miami is the one that will benefit the most. For every dollar the City of Miami invests in this development there are 28 dollars of private and other government sources being provided. If other projects duplicated this type of matching, the approximate $14,000,000 available in the community development annual budget would equal $392,000,000 in new development in the City of Miami The current tax role of the existing buildings pays approximately $21,000 per year where as the new development will pay approximately $137,000 per year. That's a 650% increase in the tax base The commitment for the City of Miami loan was in December of 1998 and the we have turned around within 12 months and are ready to build 211 new construction housing units. In the consolidated plan, there was a commitment to provide 1000 new homeownership units for each year for the next five years. In one development we will provide 21% of that goal if it were applied to rental housing. We as developers have invested approximately $2,000,000 of our own dollars, not one dollar from the city, in order to make this project successful. 0�` 6 We own the land and the buildings, which has been available on the market for over 10 ,years. This property was offered by the previous owner to the City of Miami and Dade Heritage Trust, but no one wanted it. When we obtained the loan commitment from the City, and purchased the land, paid for the appraisal, environmental study, did a market analysis, hired a construction consultant, engaged our attorneys, architect, engineer, we based our projects costs on two fundamental conditions that we are discussing today. (1) that we would obtain relief in the parking since it is allowed by ordinance in the city of Miami. And (2) that all buildings were to be demolished. After investing our money, getting the precious resources from the state, county and private lenders, after working on this piece of land for over two years, countless correspondence with the City with no red flags that these buildings had any significance other that adding to the crime problem that existed in Lummus Park (which was closed when we bought the land), 15 days before the full set of drawings (over 100 pages of details) were being submitted to the City for building permit and 60 days before we were to start construction we were notified on October 20, 1999 that we might be subject to this section 106 review. By the way which only one other development in the City of Miami, the Federal Courthouse, has had to go through this process. No other affordable housing development built in the City of Miami has gone through this process. We are committed to comply with all local, state and federal requirements in developing this community. , e To date the developer has spent over $100,000 in the historical mitigation process. Historic Time Line and Sequence of Events October 20, 1999 Informed from the City of Miami Planning department that project may be subject to a Section 106 review October 27, 1999 Gatehouse engages one of the most respected Historical sections 106 firms in the State Janus Research November 5, 1999 We get an estimate from a moving company for all of the mentioned buildings. November 10,1999 We meet with at the City of Miami with the Deputy State Historic Preservation Officer, Ms. Arva Moore Parks, Dade Heritage Trust, the City of Miami Preservation Officer, Real Estate Economic Dept., Community Development Officer, and other concerned interests about the development. They propose that we redesign our entire project to accommodate five structures. November 17, 1999 We meet again with the same individuals informing the group of our analysis in which we guarantee saving 2 structures in addition to trying to relocate the other building to interest parties. —There is disagreement with the group, because they know no one will want the building. We agree to come back to try to incorporate there additional comments into our plan December 1, 1999 We engage a historic architect, landscape architect and construction consultant to enhance the community development features so that we can present these changes to the Committee. We are currently trying to schedule a meeting with the group later this week. • 1 ,y t f'. VERIFICATION OF AVAILABILITY OF INFRAST NOTE: USE OF THIS FORfvt IS OPTIONAL. RUCTURE alternatives for verifyino availabiiity of infr sltructureerThis to Form�m7nal, of the A than one provider, more than one form must be completed and submitted if the Applicant for other Y tz duplicated. c there c more CO use this form. pplicant elects Date: February 12, 1998 Name of Applicant: Miami River Park Associates, Ltd. Name of Project: Miami River Park, Apartments Location,'Street Address: NW 4th Street between NW 4th Avenue and NW 5th Ave City, State. Zip Code: nue Mir, Florida 33132 The undersigned service -provider or representative of local government, as applicable . confirms the following: � • The following types of infrastructure are available to the proposed Projec--: Electricity Water Sewer Capacity, Package Treatment, or Septic Tank Roads . 2• There are no impediments to the proposed Project for obtaining service for any of enr the above -checked types of infrastructure other than of hook-up or installation fees or other such routine administrative procedure. 3. No variance or local hearing is required to make an M ro Y of the above -checked infrastructure available to the proposed Project. Nees of 4• There is no moratorium Pertaining to any of the above -checked which are applicable to the pro posed posed Project. Nees of infrastructure CERTIFICATION I cer-,ify that the forooir.c Inform ation is true and correct. Sicnature F ' Name of Entity Providing Service ,�f C 47 of fl- P51NT or TYPE Name �. eon a,- Gc J 1 e- Im ers .T(; 'FiINT or TYPE J i Isle f ro fe ss lv17 1- / Street Andress A ,{ /j CItylState:'Zip MI am 1 F 1. 33130 Telephone Numaer iinciuclrnc area coael /30 05l4 /b^ 1.2�—% LOCAL GOVERNMENT COhPPRiBUT10�5 AND RECOMMENDATIONS PAGE 5 OF 7 LOCAL GOVERNMENT VERIFICATION OF CONTRIBUTION 20 Points FEE WAIVER Date: 2/19/98 c Name of Applicant: Miami River Park Associates, Ltd. Name of Project: M(ami River Park Apartments Location/Address: North side of N.W. 4th Street between N.W. 4th Ave & N.W. 5th Ave. Amount of Fee Waiver. $633,712.98 (street, city, ZIP) Complete the following: The County of (city or County) Miatni-Dade Ordinance 90-59 (Name of city or county) Pursuant to tion, cite Ordinance or Resolution Number and Data) has waived the following fees: Im act fees P (parks, roads, police, fire) This will resu�inaavings of 6 633,712.98 for this Project. CERTIFICATION ! certify that the above information is true nd correct. Signature / Armando Vidal, P.E. PRINT or TYPE Name County Manager NOTE TO LOCAL GOVERNMENT OFFICIAL: PRINT or TYPE Title Infrastructural Improvements that are not specifically made for the benefit of this Project but are instead of general benefit to the area in which the Project is located will NOT qualify as a contributions to the Project. Further, the fact that no impact fees (or other scal uch fees) are levied by a local jurisdiction for ANY type of development DOES NOT constitute a "Lo Government Contribution" to the proposed Project. Similarly, if such fees A local jurisdiction but the nature of the proposed Project exempts RE levied the it (e.g, typically, a Rehabilitation Project is not subject to impact fees), for purposes of this form, no "Local Government Contribution" exists and no points will be awarded. THIS FORM MUST BE SIGNED BY EITHER THE MAYOR, CITY MANAGER, COUNTY MANAGER/ ADMINISTRATOR, OR CHAIRPERSON OF THE CITY COUNCIL/COMMISSION OR CHAIRPERSON OF THE BOARD OF COUNTY COMMISSIONERS. OTHER SIGNATORIES WILL NOT BE ACCEPTABLE. NOTE: DO NOT 'SCAN', 'IMAGE', RETYPE OR OTHERWISE ALTER THIS FORM. IT MAY BE PHOTOCO PIED. METROPOLITAN DIED OUNTY, FLORIDA ME�TF%O.OAbE Mexch 1, 1998 Mr. William Little The Related Group of Florida 2828 Coral Way, Penthouse Suite Miami, Florida 33145 Re: Miami River Park Apartment Dade County, Florida Dear Mr. Little: STEPHEN P. LLARKK CENTER OFFICE OF COUNTY MANAGER E 2910 111 N.W. 1SU5 BEET MIAMI. FLORIDA 33128.1994 (305) 375.5311 This letter is to confarm the local ove Ordinance 490-59, the waiver of Dade Cournmep nt contribution and that pursuant to Dade County above referenced project will equal to and result in a savings of $6�,,712. p y impact fees (Park, roads; police and fire) for the 98 for this project. � you have any questions regarding this impact fee waiver, please 'do not hesitate Richard Miller at (305) 644-5107. to to contact S' Y, . do dal, P.E. County Manager PROJECT FEASIBILITY AND ABILITY TO PROCEED PAGE 9 OF 10 88 Points LOCAL GOVERNMENT VERIFICATION OF STATUS OF SITE PLAN APPROVAL Date: March 1, 1998 Name of Applicant: MIAMI RIVER PARK ASSOCIATES,LTD. + Name of Project: MIAMI RIVER PARK APARTMENTS Location/Address: North side of NW 4th Street between NW 4th Avenue and P1ondn 3312R Size of Parcel (acreage or square footage): 1.5036 Acres Check the single applicable statement. L] The above -referenced Project is new construction and the site plan was approved by action of the -- — on (Legally Authorized Body) (date) 0 The above -referenced Project is new construction and the preliminary site plan was approved by action of the zoning section of Bldg & Zoning Denton March 1 , 1998 (Legally Authorized Body) (date) QThe above -referenced Project is new construction and neither the preliminary nor a conceptual site plan has been approved. The above -referenced Project is rehabilitation and does not require additional site Ian ap proval. pproval. CERTIFICATION I certify that the City of M; am; of M; am; �nade (City or County) (Name of City or county) has vested in me by virtue of Zoning Ordinance 11000 as amended (Rule, Resolution, ordinance Number or Declaration of Authority) 'the authority to ve i status of site p(a ro as specifi�jd above and I further certify that the information above is e nd correct. Juan C. Gonzalez PRINT or TYPE Name Active Zoning Adm;*+ +or PRINT or TYPE Title THIS FORM MUST BE SIGNED BY THE APPLICABLE CITY'S OR COUNTY'S DIRECTOR OF PLANNING AND ZONING, CHIEF APPOINTED OFFICIAL (STAFF) RESPONSIBLE FOR DETERMINATION OF ISSUES RELATED TO COMPREHENSIVE PLANNING AND ZONING, CITY MANAGER, OR COUNTY MANAGER/ADMINISTRATOR. SIGNATURES FROM LOCAL ELECTED OFFICIALS WILL NOT BE ACCEPTABLE, NOR WILL OTHER SIGNATORIES. IF THIS VERIFICATION FORM IS INAPPROPRIATELY SIGNED, ZERO POINTS WILL BE AWARDED FOR SITE PLAN. NOTE: DO NOT 'SCAN', 'IMAGE', RETYPE OR OTHERWISE ALTER THIS FORM. IT MAY BE PHOTOCOPIED. (5-� Cri#Ll vrf , TITT_ �.nu uuu _FV3o- March 2, 1998 Miami River Park Associates, Ltd. c% William Little 2828 Coral Way, Penthouse Suite Miami, FL 33145 Re: The proposed 175-unit elderly Project on N. W.4h Street between N.W. 4t6 Avenue and N.W. 5' Avenue in Miami, Florida commonly known as Miami River Park Apartments (the "Project'). Dear Mr. Little: Please be advised that based on a square footage of 145_600, as indicated in the Preliminary site plan prepared in connection with the above -referenced 175 units Project, the Project is entitled to a waiver of City of Miami Impact Fees of 598�60 Plus an administrative fee of 3% percent for a total of 5101,37. S4c 1, rely, Gam\ uan C. Gonzalez, Acting Zoning Administrator JCG: t c cc: Santiago Jorge -Ventura, Director Building and Zoning Department Margarita Genova-Cordovi, Assistant Director Building and Zoning Department Zoning file Central file S9- 9GR DEPARTMENT OF BUILDING d ZONING/ P.O. Box 330708/Miami, FL 33233-0708/(3051 416.1100 LOCAL GOVERNMENT CONTRIBUTIONS AND RECOMMENDATIONS PAGE 5OF7 20 Points LOCAL GOVERNMENT VERIFICATION OF CONTRIBUTION , y FEE WAIVER Date:... Name of Applicant: MIAMI RIVER PARK ASSOCIATES, LTD. Name of Project: MIAMI RIVER PARK APARTMENTS W;Ii'A-venue Location/Address• and N.W. 5th Avenue, Miami, Florida 33128 (Street, City, ZIP)` — Amount of Fee Waiver: Complete the following: The City of Miami of Dade County, Florida +_ _ pursuant to (City or County) (Name of City or County) _S_ectio_n_54 6-6 (3) (4_) Ordinalice 10426 _ _ has waived (Reference Official Action, cite Ordinance or Resolution Number and Data) Y the following fees: Impact Fee Developers Impact Fee This will result in a savings of $ 101,378.39 for this Project. CERTIFICATION I certify that the above information is true and correct. Jose Garcia -Pedrosa PRINT or TYPE Name City Manager NOTE TO LOCAL GOVERNMENT OFFICIAL: Infrastructural Improvements that are not specifically made for the benefit of this Project but are instead of general benefit to the area in which the Project is located will NOT qualify as a contributions to the Project. Further, the fact that no impact fees (or other such fees) are levied by a local jurisdiction for ANY type of development DOES NOT constitute a "Local Government Contribution" to the proposed Project. Similarly, if such fees ARE levied by the local jurisdiction but the nature of the proposed Project exempts it (e.g. typically, a Rehabilitation Project is not subject to impact fees), for purposes of this form, no "Local Government Contribution" exists and no points will be awarded. THIS FORM MUST BE SIGNED BY EITHER THE MAYOR, CITY MANAGER, COUNTY MANAGER/ ADMINISTRATOR, OR CHAIRPERSON OF THE CITY COUNCIL/COMMISSION OR CHAIRPERSON OF THE BOARD OF COUNTY COMMISSIONERS. OTHER SIGNATORIES WILL NOT BE ACCEPTABLE. NOTE: DO NOT 'SCAN', 'IMAGE', RETYPE OR OTHERWISE ALTER THIS FORM. IT MAY BE PHOTOCOPIED. LOCAL GOVERNMENT PLANNING EFFORTS ��'` a=' PAGE 2 OF 3 LOCAL GOVERNMENT VERIFICATION OF AFFORDABLE HOUSING INCENTIVES 10 Points Da 16/ d Name of Applicant: MIAMI RIVER PARK ASSOCIATES,LTD. Name of Project: MIAMI RIVER PARK APARTMENTS North side of )9 4th Street between N.W. Avenue an Location /Address: NW 5th Avenue,; Miami, Florida, 33128 Name of City or County Government: (street, City, Zip) Miami Name of Jurisdiction that will issue building permit: City of Miami (Must be consistent with -Form 1) 1. If an Expedited Permitting Process is in place, complete the following (3 points): the City of Miami (City or County) (Name of City or County) currently administers an expedited permitting and review process for affordable housing enacted by Affordable Housing Initiative P1 an (Ordinance, Resolution Number or citation of policy) Reg 9 6 —41$ adopted 6 / 13 / 9 6 (date) ,low is a representative listing of projects which have benefited from this process: 'rq lame • Year Approved•• Plaza Hind and Rain Development- 1997 Riverside Gardens 1997 1997 tote: List may not include the Project for which this Application is being submitted. lute: To receive points, projects listed here must have been approved subsequent to the enactment of the incentive. TOTE: UST OF PROJECTS AND YEAR APPROVED MUST BE PROVIDED TO RECEIVE POINTS. ULL POINTS WILT. BE AWARDED ONLY IN THE EVENT THAT ALL INFORMATION REQUIRED BY HIS FORM IS PROVIDED IN STRICT ACCORDANCE WITH THE FORM REQUIREMENTS. FAILURE '0 PROVIDE COMPLETE, ACCURATE INFORMATION IN THE FORMAT AND LOCATION RESCRIBED BY THIS FORM WILL RESULT IN A 15% REDUCTION OF POINTS FOR FORM 6. At 003- 966 r.. LOCAL GOVERNMENT PLANNING EFFORTS PAGE 3 OF 3 10 Points 2. If the local government has made contributions to affordable housing projects during the last three 'ears, complete the following (3 points): Thy aeferenced local government has provided contributions to affordable housing projects during the last three years. Below is a representative listing of projects which have benefited from local j�c9nntnbutions (attach additional sheets, if necessary, behind tab labeled Form 6, Exhibit =-f &-)' Project Name Typo of Contribution Amount of Contribution Year of Award' Barcelona Place SHIP 414,577 1997 New Arena Square HOME'-' = 1,250,000 1997 Lyric Village HOME/CDBG 1,000,000 1996 New Hope HOME 800,000 1996 *NOTE- To receive points, projects listed here must have been approved subsequent to the enactment of the incentive. LIST OF PROJECTS, TYPE OF CONTRIBUTION, AMOUNT OF CONTRIBUTION, AND YEAR OF AWARD MUST BE PROVIDED TO RECEIVE POINTS. FULL POINTS WILL BE AWARDED ONLY IN THE EVENT THAT ALL INFORMATION REQUIRED BY THIS FORM IS PROVIDED IN STRICT ACCORDANCE WITH THE FORM REQUIREMENTS. FAILURE TO PROVIDE COMPLETE, ACCURATE INFORMATION IN THE FORMAT AND LOCATION PRESCRIBED BY THIS FORM WILL RESULT IN A 15% REDUCTION OF POINTS FOR FORM 6. Other planning incentives for affordable housing indicate all that are in place): I. X The modification of impact fee requirements, including a reduction or waiver of fees and alternative methods of fee payment (2 points). 4. A process, established by ordinance, resolution, plan, or policy, that requires consideration of the impact of proposed policies, ordinances, regulations or plan provisions on the cost of affordable housing prior to adoption (2 points). CERTIFICATION I certify that a above information is true and correct. S' ature Jose Garcia -Pedrosa PRINT or TYPE Name City Manager PRINT or TYPE Title THIS FORM MUST BE SIGNED BY EITHER THE MAYOR, CITY MANAGER, COUNTY MANAGER/ kDMINISTRATOR, OR CHAIRPERSON OF THE CITY COUNCIUCOMMISSION OR CHAIRPERSON OF THE IOARD OF COUNTY COMMISSIONERS. OTHER SIGNATORIES WILL NOT BE ACCEPTABLE; SIGNATORY RUST BE A REPRESENTATIVE OF THE LOCAL GOVERNMENT THAT HAS ENACTED THE INCENTIVE. FOR 'URPOSES OF THIS FORM ONLY, IF A PROJECT IS LOCATED WITHIN A MUNICIPALITY BUT THE VCENTIVE IS NOT AVAILABLE IN THE CITY, APPLICANT MAY USE COUNTY INCENTIVE. For example, if Project is located in a town which does not have impact fee requirements but the county has uch requirements and they have a reduction or waiver of these fees for affordable housing, the ,pplicant may submit a properly executed Local Government Verification of Affordable Housing icentives form from the county. J' DO NOT 'SCAN', 'IMAGE', RETYPE OR OTHERWISE ALTER THIS FORM. IT MAY BE PHOTOCOPIED. Vf.aa—. ��c[Ab� i) e) I �� SPECIAL TARGETING PAGE 4 01:4 45 points LOCAL GOVERNMENT VERIFICATION OF QUALIFICATION AS URBAN IN -FILL PROJECT Date: "5�71 Name of Applicant: MIAMI RIVER PARK ASSOCIATES, LTD. Name of Project: MIAMI RIVER pARK APARTMENTS Location /Address: North side of N.W. 4th Street between N. W 4 h Avenue and N W Sth Avenue (street, City, ziP) Miami, Florida Local Government: City of Miami 33128 The City of Miami (City or County) hereby confirms that the Project known as (Name of City or County) MIAMI RIVER PARK APARTMENTS (Project Name) , meets the following criteria: 1. The site is located on a site or in an area that has been targeted for affordable housing or urban revitalization by this jurisdiction; and, 2. the site is in an area that is already developed, is part of an incorporated area or 'existing urban service area" [as defined by section 163.3164(29), F.S.); and, 3. all infrastructure is available (see Form 7, Item VI.) at the site. 4- This proposed Project is located in Census Tract # 0036_01 (NOTE: if the census tract number in which the Project is located )s not on the list found behind Form 1, the Project is not in a QUALIFIED Census Tract for purposes of,this Application. See Page 6, Item C, Form 1.) CERTIFICATION I certify that the above information is true and correct. 01 �..,,_ Jose Garcia -Pedrosa �gnature PRINT or TYPE Name City Manager PRINT or TYPE Title THIS FORM MUST BE SIGNED BY EITHER THE MAYOR, CITY MANAGER, COUNTY MANAGER/ADMINISTRATOR, OR CHAIRPERSON OF THE CITY COUNCIL OR COUNTY COMMISSION. OTHER SIGNATORIES WILL NOT BE ACCEPTABLE. NOTE: DO NOT'SCAN', 'IMAGE', RETYPE OR OTHERWISE ALTER THIS FORM. MAY BE PHOTOCOPIED. P. C-98-x237 ia/8/98 AB$QLUTION 140. A ASSOU)TION XYMORI-onp w CITY MAMORR TO ALLOIAI.O FIII� S BU�Cr TO CBjtTAM TIRMS AND CrTy I''TtON$ A8 gpgCrPIRD I�RBIN PROS A CITY �'8 pY 1990-I999 WRV , IrtvOM TUB PARTt�RBHIp i'7t0i)RAMI IN M AROMtr OF 1500, 000, FOR. Tat, vMtOPMgNr OF Nl*ff RIVER PARK$ �' "WWS, aWSISTINC� OF APPROXIMATELY all 1p[dI`T'f3 OP AF6�01tpA,gt,g RRNTAL HOUSING TO BB 'AZ`BD IN T 2 PARK AREA AT NORTMST 4 ITRRRT AM S AY$DM MrAM it Sy MI MI RIVER PARRC ASSOCIATES, �LTD.RI WHOSE DMLOPRR$ 11RE QXTZROU98 CdRpODAVSLOPI��'1+ OF 8Fi?1TTON AND B�►Mg DBVRW COR15OUTZOXemu BIARiDA, INC. / AUTI(MR.YNG TIM CITY In 0 A To EXRCUTE THE NECESSARY PORN ACCEPTABLE TO THE CITY Rny' FOR SA# ID PU.pagg . , , a severe shortage of affotxlable housing exists in the City Of Miami for families and indivIduaIN of very lover and 'croderate income; aW , low WRBRRAS, the City CommiQsioa z'eCaguizgs that the participation of troth the public and private geatar 1s necessary to foster the development of affordable housing in the City of Miami, and 16ORSA9, in oune 1998, the Cityof MiQttsi was awarded APPxoximately $4,920,000 in AY "98-1999 SOME partnership Program cm cob"Mox DEC 0 g 1988 11Me1ul70n No, I 09-� d AEC— Sf�l sxs wLb s .d a.w ftuu itlg from the U.S. D"rtment or Eiausing and t3rY n �vgl�+ent � and 0MRWr said project -sponsor is preparing an application fear ,funding frOM the state of Floridan for financial assistance thMugh the State is Housing GYa:dit Program for the develoment, of tbe'prppocea housing projects and ld18RRA61 it 3e re00=64ded that the City Commission authorize the City Manager to allocate funding from the city's FY 3;999.1899 110M Investment partnership Program, in the amount Of 4500*000 for the devalopment Ki=i River Parka Apartments, eon$isting of approximately 2i1 unity Of affordable rental housing to be loaAted in the Lummup Park area at tlorthwe$t 4tti Strdet And 5th Avenue, biliami, Florida, by Miami. River park Associates, Ltd" wb-000 developers are Gatehouse I)Ovelopment Corporation and AAME Development Corporation Of South Florida, rne., subject to compliance with certain Conditione, Nowt THUNFOREl SS IT RESOWHD BY TBR COMMISSION Op THE CITY, OF WMX, PLORIDA! $action 1. The recitala and findings contained in the Pro4oble to thin Resolution are hereby adoptad by reference tharato and incorporated herein as if fully Est forth in this . a - Z9- 966 I I n�c—gym—se wt~z� re..�e! Section, Section x. The City Manager is hereby authorized to i &110ca►te funding from the Cityie EtY 3-998-1999 Ytt]Affi Investment Partnership pr'ogM, in the amount of $5001000 for the i dev ldptnent of the Miami River Parke ,Apartments, opneipting of app> cx'mate'ly 211 unite of nftorUble rented housirAg to be i locaited in the Lunmu: Park araa at Northwest 4th Street and 5th Ave4ue, Miatttii, Plorida, by Miami River Park AtaSpciates: Ltd., Whoqe developers are Gatehouse Developocut corporation stud BAMB ! i Devolopment Corporation of South Florida, inc., subject to the conditions that (1) financing to aoaPlete con0truction of the t project; must be secured, and (a) approval must be granted from the; Florida Housing Finance Corporation through the State Of � Flo>Cida�e Rousing Credit: Program for assistance in financing said project. section 3. The City Manager is hereby authorlredl-/ to execute the necessary documsats, in a form acceptable to the City Attorney, for said purpose, BcCtion 4, Thia Revolution small become effective Th* b""n sathoritation i ti t urthor sfdbjeCt LO Ar4uirereate wp11&nc* with •13.iposeby the City Attorney, inoludi" but not: Illuited to those prescribed by RPDllCAble City Charter snd Code Prov3 s ionai . t WMV : ( k.j I i "Odilttcly upon its adoption "d signature of th® Myor.:/ ' PASSHO AND AWpM Ghig _ath day of _ ..na,r.ambar , 1998. JO8 GARQULfy, MAYOR #A W*)6 n 9 WfIh Mamt Code f, gam, 8(nW the tftg►ar &fa ate &0fev4 0( Ob k9bWm by etntnV M In the de4nafed Plate Pmvkted, geld IaQlslatkin now baWMN e%*A with the 0416 of tbn (to) #p from the data of n0 OWN %NW fe M� vets Won aptic►A AWOSTt . d , Cyr Cbt'tc W TSR J. CrTX CLVRX P �i if tha Usyor dope Abt fign this Resolution, it shell b6cma efreceire aL t-as vad of ten c�lend" deye 'rota the dnt,o it w4S P84"d and adopted, I the Hay0r vet"S this Reaelution, it shall bacons effeoti�re i�tanacliet!!y upon override of the veto by the City Commission, - 4 - FORM 7 DEVELOPMENT FEASIBILITY AND ABILITY TO PROCEED PAGE 10 OF 16 113 Points LOCAL GOVERNMENT VERIFICATION THAT DEVELOPMENT IS CONSISTENT WITH ZONING AND LAND USE REGULATIONS Name of Applicant: Miami River Park Associates, Ltd. Name of Development: Miami River Park Apartments Location/Address: NW 4th Street between NW 4th and NW 5th Avenue, Miami 33128 (Street, City, Zip Code) — Size of Parcel (acreage or square footage): 2.37 Acres The zoning designation for the referenced Development is R-d (High Density Multifamily) (Zoning DlsInct Designation) The intended use is consistent with current land use regulations and the referenced zoning designation OR if the Development consists of rehabilitation, the Intended use is permitted as a "legally non -conforming use". To the best of my knowledge, there are no additional land use regulation hearings or approvals required to obtain the zoning classifications or density described herein. Assuming compliance with the applicable land use regulations, there are no known conditions which would preclude construction or rehabilitation (as the case may be) of the referenced Development. CERTIFICATION I certify that the -C—ity— of Miami has vested (City or County) (Name of City or county) in me the authority to verify consistency with local land use regulations and the zoning and site plan signations specified above OR, if the Development consist of rehabilitation, the intended use i permitted as as "legally non -conforming use" and I further certify that the information is true and ect. Juan C. Gonzalez PR —IN T or TYPE Name j / (,�'� Acting Zoning Administrator �/ _ V PRINT or TYPE Title THIS FORM MUST BE SIGNED BY THE APPLICABLE CITY'S OR COUNTY'S DIRECTOR OF PLANNING AND ZONING, CHIEF APPOINTED OFFICIAL (STAFF) RESPONSIBLE FOR DETERMINATION OF ISSUES RELATED TO COMPREHENSIVE PLANNING AND ZONING, CITY MANAGER, OR COUNTY MANAGER/ADMINISTRATOR. SIGNATURES FROM LOCAL ELECTED FORM IS INAPPROPRIATELY SIGNED, THIS APPLICATION WILL NOT MEET THRESOFFICIALS ARE NOT ACCEPTABLE, NOR ARE OTHER SIGNATORIES. IF THIS VERIFICATION REJECTED. HOLD AND WILL BE NOTE: DO NOT'SCAN', 'IMAGE', RETYPE OR OTHERWISE ALTER THIS FORM. IT MAY BE PHOTOCOPIED S9- RJ6G FORM 6 LOCAL GOVERNMENT PLANNING EFFORTS PAGE 4 OF 4 b Points LOCAL GOVERNMENT VERIFICATION OF AFFORDABLE HOUSING INCENTIVES OTHER PLANNING INCENTIVES FOR AFFORDABLE HOUSING DEVELOPMENTS Name of Applicant: Miami River Park Associates., T t'.ri _ Name of Development: Miami River Park Apartments Location /Address: NW 4th Street between NW 4th and NW 5th Aver. uP, Miami 33178_ - - (strut, City, 4) Name of City or County Government ri t-V of Mi ami____ The modification of impact fee requirements, including a reduction or waiver of fees *fin,* and alternative methods of fee payment (1 point). }�L A process, established by ordinance, resolution, plan, or policy, that requires (tnRiais) consideration of the impact of proposed policies, ordinances, regulations or plan provisions on the cost of affordable housing prior to adoption (t point). CERTIFICATION I certify that the above information is true and correct. Signature Donald H. Warshaw PRINT or TYPE Name City Manager PRINT or TYPE Title This form must be signed by the MAYOR, CiTY MANAGER, COUNTY MANAGERIADMINiSTRATOR, OR CHAIRPERSON of the CITY COUNCIUCOMMISSION OR CHAIRPERSON of the BOARD OF COUNTY COMMISSIONERS. OTHER SIGNATORIES ARE NOT ACCEPTABLE (ZERO POINTS WILL BE AWARDED). Signatory must be a representative of the Ideal government that has enacted the incentive. For purposes of this form only, if a Development is located within a municipality but the incentive is not available in the city, Applicant may use county incentive. For example, If a Development Is located in a town which does not have Impact fee requirements but the county has such requirements and they have a reduction or waiver of these fees for affordable housing, the Applicant may submit a properly executed Local Government Verification of Affordable Housing Incentives form from the county. NOTE: DO NOT 'SCAN','IMAGE', RETYPE OR OTHERWISE ALTER THIS FORM. IT MAY BE PHOTOCOPIED. ' FORM 6 LOCAL GOVERNMENT PLANNING EFFORTS PAGE 3 OF 4 6 Points LOCAL GOVERNMENT VERIFICATION OF AFFORDABLE HOUSING INCENTIVES CONTRIBUTIONS MADE TO AFFORDABLE HOUSING DEVELOPMENTS Name of Applicant: _Miami River park AGGaniat-psp Tkt•d Name of Development: Miami River Park Apartments Location/Address: NW 41-h St--reet h t-S,t_P_an NW 4t•h and St-h AvenUp., Miami q't128 (Street, City, Zip) Name of City or County Government: City of Miami The referenced local government has provided contributions to affordable housing developments during the last three years. Below is a representative listing of developments which have benefited from local contributions. Development !dame Type of Contribution Amount of Contribution Year of Award* Tequesta Knoll Apartments Grant $1,125,000 1997 Lyric Village Housing Project Grant Loan $1,000,000 1998 Ralph's Plaza Townhomes Project Loan $ 500,000 1998 Everglades Center Apartments Grant Loan $ 829,580 1997 "NOTE: To receive points, developments listed here must have been approved subsequent to the enactment of the incentive. LIST OF DEVELOPMENTS, TYPE OF CONTRIBUTION, AMOUNT OF CONTRIBUTION, AND YEAR OF AWARD MUST BE PROVIDED TO RECEIVE POINTS. CERTIFICATION I certify a above information is true and correct. Donald H. Warshaw Signature PRINT or TYPE Name City Manager PRINT or TYPE Title This form must be signed by the MAYOR, CITY MANAGER, COUNTY MANAGERJADMiNiSTRATOR, OR CHAIRPERSON of the CITY COUNCIUCOMMISSION OR CHAIRPERSON of the BOARD OF COUNTY COMMISSIONERS. OTHER SIGNATORIES ARE NOT ACCEPTABLE (ZERO POINTS WILL BE AWARDED). Signatory must be a representative of the local government that has enacted the incentive. For purposes of this form only, if a Development is located within a municipality but the incentive is not available in the city, Applicant may use county Incentive. For example, if a Development is located in a town which does not have impact fee requirements but the county has such requirements and they have a reduction or waiver of these fees for affordable housing, the Applicant may submit a properly executed Local Government Verification of Affordable Housing Incentives form from the county. NOTE: DO NOT'SCAN', 'IMAGE', RETYPE OR OTHERWISE ALTER THIS FORM. IT MAY BE PHOTOCOPIED. 0 9 — 1c (4 FORM 6 LOCAL GOVERNMENT PLANNING EFFORTS PAGE 2 OF 4 LOCAL GOVERNMENT VERIFICATION OF AFFORDABLE HOUSING INCENTIVES 5 Points EXPEDITED PERMITTING PROCESS FOR AFFORDABLE HOUSING Name of Applicant: Miami River Park Associates, Ltd Name of Development: Miami River Park Apartments Location /Address: NW 4th Street between NW 4th and NW 5th Avenue, Miami 33128 Name of City or County Government: Citv of Miami (street, City, Zip) Name of Jurisdiction that will issue building permits: City of Miami The City of Miami currently administers an expedited (City or County) (Name of City or County) permitting and review process for affordable housing enacted by Resolution No. 96-418 (Ordinance, Resolution Number or citation of policy) adopted 6 113 / 9 6 . Below is a representative listing of properties which have benefited from this process: (date) Development Name• Year Approved— raC= r;randP rnr+rir+.++;n;,,m Project 1997 Ralph's Plaza Townhomes Project -- Phase I 1997 Riverside. -Gardens Condominiums Project 1997 'Note: List may not include the Development for which this Application is being submitted. "Note: To receive points, developments listed here must have been approved subsequent to the enactment of the incentive. NOTE: LIST OF DEVELOPMENTS AND YEAR APPROVED MUST BE PROVIDED TO RECEIVE POINTS. CERTIFICATION I certify t the above information is true and correct. Signature Donald H. Warshaw PRINT or TYPE Name c'; y Manager PRINT or TYPE Title This form must be signed by the MAYOR, CITY MANAGER, COUNTY MANAGER/ADMINISTRATOR, OR CHAIRPERSON of the CITY COUNCIUCOMMISSION OR CHAIRPERSON of the BOARD OF COUNTY COMMISSIONERS, OTHER SIGNATORIES ARE NOT ACCEPTABLE (ZERO POINTS WILL BE AWARDED). Signatory must be a representative of the local government that has enacted the incentive. For purposes of this form only, if a Development is located within a municipality but the incentive is not available in the city, Applicant may use county incentive. For example, if a Development is located in a town which does not have impact fee requirements but the county has such requirements and they have a reduction or waiver of these fees for affordable housing, the Applicant may submit a properly executed Local Government Verification of Affordable Housing Incentives form from the county. NOTE: DO NOT'SCAN', 'IMAGE', RETYPE OR OTHERWISE ALTER THIS FORM. IT MAY BE PHOTOCOPIED. 0' U6G rUK DEVELOPMENT FEASIBILITY AND ABILITY TO PROCEED PAGE 11 OF 16 113 Points LOCAL GOVERNMENT VERIFICATION OF STATUS OF SITE PLAN APPROVAL Name of Applicant: Miami River Park Associates, Ltd. Name of Development: Miami River Park Apartments Location/Address: NW 4th Street between NW 4th and NW 5th Avenue, Miami 33128 _ Size of Parcel (acreage or square footage): 2.37 Acres Check the single applicable statement. L] The above -referenced Development Is new construction and the site plan was approved by action of the on (Legally Authorized Body) (date) The above -referenced Development is new construction and the preliminary OR conceptual site plan was approved by action of the Zoning section of the Bldg Dept. on 12/14/98 . (Legally Authorized Body) (date) L] The above -referenced Development is new construction and neither the preliminary nor a conceptual site plan has been approved. The above -referenced Development is rehabilitation and does not require additional site plan approval. CERTIFICATION I certify that the _ City of Miami has vested (City or County) (Name of City or County) in me the authority to verify status of site plan approval as specified above and I further certify that the information above is true and correct. SiglSature � PRI or TYPE Name PRINT or TYPE Title THIS FORM MUST BE SIGNED BY THE APPLICABLE CITY'S OR COUNTY'S DIRECTOR OF PLANNING AND ZONING, CHIEF APPOINTED OFFICIAL (STAFF) RESPONSIBLE FOR DETERMINATION OF ISSUES RELATED TO COMPREHENSIVE PLANNING AND ZONING, CITY MANAGER, OR COUNTY MANAGER/ADMINISTRATOR. SIGNATURES FROM LOCAL ELECTED FORM IS INAPPROPRIATELY SIGNED, ZERO POINTS WILL BE AWARDED OFFICIALS ARE NOT ACCEPTABLE, NOR ARE OTHER SIGNATORIES. IF THIS VERIFICATION FOR SITE PLAN. NOTE: DO NOT'SCAN', 'IMAGE', RETYPE OR OTHERWISE ALTER THIS FORM. IT MAY BE PHOTOCOPIED. .7�lN-g6._49 12:Z7 R`MAttC HEVt�LAryHe'.N70>t ��3zae4sa • a �C f cTXatt OONAi o ►i WARS►IAW • P t► C" CITY MANAChM MIAML FLOM VAX t1111 January 5, 1999 Mituni RiVer Pork Associates, Ltd. CIO The Gatehouse Crotgz, Inc. 60013rickell Avenue S43l> B Miami, Florida :13131 RE: Miami River Park Apartments _ IAxW Covernment Coutribution 11pMF, Loan Thar Mr. Spctko: Till's loan commitment provides evidence that the City of Miami hereby conunits to t Provision of $675,000 a-, a tow-intcroxt l020 to Miami River Park Associates, Ltd., for t development of the Mi.jni RivcrPark A-Pzutatenls Project. This dewlopment will cons of 211 affordable ren(W housing units to be located in the City of Miami. Funding for t' 10E1n is pruvided through the federal 14OMP Program funds awarded to the City of Miat for PurPvw$ that include the new cuustruolon of aiTordahlc r>`ttW housizl& and currently available. The tetins of the Item are as follows_ Loan Amount: S675,000 Interest Rate: 01% interest during the construction months),1 % interest only for the balance f the loan term Term: 30 ycam, ttvn-umartiring, lresncigal due at maturity Payment Frequency. Monthly : 66 r. 1 P. 07 0700 ry V I N373 :inna r.r n t WO?t.t 9I c t 66-90' Nvr Jptl—efm--<Sq 1 2:33 PM s`y AMC Ma"Cl..VPMENT01 aTaag 1 P. 03 Ifyou need any fiuthcx Cldrirtcation of di, Gwendolyn C. W ccr ! mnlitxncnt to fWancing. please contact 2080. nIiltleCtO' of Comrrmunity DMIqumcnt 1)epAftCnt, at (30.5) Sincerely, Donald H. Watsbaw City Manager DIIWfUB/GCW/JBF rnb Accepted: jl�lgq Mimeo River Park Asl ,qq tcs, Ltd, BY: GIIG Minn; v . '.,.:_. By: Mara S: ;; Manager C. Rev, Sohn WWtdBylE Dcvzlu pment Cot oration of South Florida, Inc. <SA�Ired/1i�,yipL.Ff i�neiRiacri'y1tiWMEi,pao� I C r. -- ;M `►d t� v�N:a�:•t :;_jr,:a•�tna wnH.l qt �r.� !!!!ter-90-•Nvf• III 11 T H E GATEHOUSE GROUP, INC. VICE PRESIDENT, FLORIDA REGION August 17, 1999 Mr. Donald H. Warshaw City Manager City of Miami 444 SW 2°d Avenue Miami, Florida 33130 Re: Miami River Park Apartments — Dear Mr. Warshaw: 1999 Tax Credit Allocation colt' We would like to take this opportunity to thank you for your efforts in helping us o tax credit commitment from the Florida Housing Finance Corporation for the above referenced project (see attached). p g obtain a This commitment will create over $12 million in equity to be invested in this affordable housing community. As you may remember, in December of last year your staff (i.e. Dena Bianchino Gwendolyn Warren and Jeff Hepburn) made extra efforts to issue the necessary components and commitments needed for this project to be competitive in obtaining nin these coveted state issued tax credits. Those efforts will now produce 211 new affordable rental apartments in the Historic Lummus Park Area, an area bordering Overtown which hasn't seen new construction inover IS years. We look forward to working with your staff during the construction and mans em this project and thank you again for your efforts and your staffs efforts. g ent of Sincerely, Michael A. Spetko cc: Commissioner J.L. Plummer Dena Bianchino Gwendolyn Warren Jeff Hepburn 600 BRICKELL AVENUE MIAMI, FL 33131 Tr:L•(305).372.3343 fAX•(305)•372.33gg FLORIDA HOUSING MANCL August 2,1999 D0WRAIM Michael Spetko U. ere Miami River Park Associates, Ltd. oreraer 'bCRUDMARM 313 Congress Street Chairman Boston, Massachusetts 02210 Eo*'AttaJ.Ry Ja. VIceC7tairtaao Bo.aa ee n� Re: Formal Invitation to Credit Underwriting 1999 Housing Credit Program > CwAM-0uu.aal:L R Lmccxctt Vat.eo,W Miami River Apartments JACK htL%VM , TMYSAWM Dear Mr. Spetko: JAYTAYLoa s0ffi cto �a�r Ex1tpliiCongratulations! UnJuly30,1999,Florida Housing'sBoard ofDirectors oy the final orders for the 1999 Combined Application Cycle and your Development has scored a sufficient number ofpoints to be ranked within the funding range set -aside. Florida Housing is now extending an invitation tocrditunderwriting. ty Section 42 of the Internal Revenue Code, as amended, requires Florida Housing to determine the amount of credits needed for the financial feasibility and viability of the Development throughout the credit period, The credit underwriter will perform an analysis of credit need and make a recommendation to Florida Housing. Eased on this report, Florida Housing may then issue a preliminary allocation of housing credits, Pursuant to Rule 67-48, Florida Administrative Coda, you must respond to this invitation to enter credit underwriting within 7 calendar days from the date of this letter. If the Biped Acknowledgment is notrecelved byAugust 9,1999, this Development will be placed at The end of the waiting list end the next eligible development will be invited in its place. Upon receipt ofthe attached Acknowledgment indicating your acceptance to enter credit underwriting, Florida Housing will send a copy of your Application to Seltzer Management Group (the credit underwriter assigned to your Development). The Housing Credit underwriting fee is $7,500.00 and is due and payable within seven days from the date of this invitation. Please make the check payable and submit directly to: Seltzer Management Group 415 Beckrich Road, Suite 500 Panama City Beach, Florida 32407 Vj b 227 North Bronough Street, Suite 5000 • Tallahassm, Florida 32301-1329. 850-488.4197 Fax: 850.488-9S09 IOOf� 0}LL3d6 � 33f10HajV0 UCTT96LY9 b'Vd 00:Tt . . 1 ` r 4K, Miami River Apartments Augubt 2, 1999 Page Two A" required reedit underwriting information pursuant to Rule 67-48.026 must be submitted to the credit underwriter by close of business on September 6, 1999. FAILURE TO MEET THIS DEADLDIE WILL CAUSE YOUR APPLICATION TO BE REJWTED. If you have MY questions, please do not hesitate to 488-4197. calf the Housing Credit stafiat (850) Sirrcerel 7stopher 0. Buswell ing Credit Administrator Enclosures CGB jd cc. Jan Rayboun, Credit Underwriting Covrdiafor Seltzer Management ©toup RVJ9" 966 zoos, 031i3as F 36110H3.LdJ ZDCTT96LTO X+3 To:TT `_ 66/9T/p0 Y. coon OPPORTUNrry TO ENTER CREDrr MINDER 1999 COMBINED RENTAL CYCLE G AT YOUR RISK ACKNOWLEDGMENT The undersigned hereby acknowledges and AVfts to credit ting with the terms and conditions of Florida Housings subject letter d A in accordance ugust 2, 1999. Aeoept Name ID Number MIAXT RIVER BY: GHQ Mi Decline TES LTD. Print Name:—,�A��. Title; Ednacr S �r bate: 2f�yr Q is 1 Partner 36Q0$3Ly0 Z90TT981T8 XVd TO:TT • 6 V l,0: ---- Mr_ Nick Martina_-_-_____- John Nape 1 i -_-_-. M1a 11 R1ylZ:-6aLk UAXU.,,t November 16 __-- OWNUi WCtW ' e, Tjtl,,GWWAt The flans for D�rmit __--_— The South _ite-_Er�_�_esy N 9�QS�I�ZZQ Attached — `--.��g 2LtjL.P.�C �l?.LD9 irL&A-94QD1w22. hed arR two owner affidsyj S_i�l8� is Plans. nna �.b.�.1�s1_5'SLII_RelmiL_— _ n _ i for each buildlDa) _ _ Pleg_e advlse n � — ----------------- �Qr_@ _ letter from and a _RflC e Fnrm_frq�-_- CO —ISJ21gipRllt��-suua�v.�,�,c,-V�31�..52'�.ISYjSbted�-------- Thanks ---- :srrrrerrrtr+aorrrr�aarrrrrsrrrrrearrrrerrrrr•orrrrrrttRrrrrrsarrirsrar Total # of pages -� 3 inelud 19 cover sheet. If you do not receive affpcages, please callus as soon ax possible at the telephone number fisted below, Telecn»tmunicator- _ catj-----e__--_- -__-- 2525 S--W- 3 Ave. - # 214 - Zkf aMi. YG 3312g 859-8774 YaX 859.8121 w1j,9— 9oi6 Addenne Friesner Pardo 3DS-579-0683 Via Hand -Delivery Ms. Teresita Fernandez Clerk, Hearing Boards City of Miami 444 S.W. 2nd Avenue Miami, FL 33128 0 G fl I I N 9 g I U GA T T 0 R N E Y A T L A W �UHUflIG October 12, 1999 Re: Miami River Park Associates, Ltd. - Special Exception for Reduction in Parking for Affordable Housing Apartment Building - 485 N.W. 4 Street Dear Teresita: On behalf of Miami River Park Associates, Ltd., I have enclosed a Parking Study prepared by Richard Eichinger of Transport Analysis Professionals, Inc. The enclosed Parking Study supports our Special Exception application, in that it demonstrates that 206 parking spaces will provide sufficient parking for the proposed building. Please make sure that the Parking Study is included within each Board members packet. Our application is scheduled for the November 1, 1999 Zoning Board agenda. Thank you very much for your attention to this matter. Should you have any questions, please call me at (305) 579-0683. Very truly yours, Adrienne Friesner Pardo encl. cc: Mr. Jim Koningisor Mr. Mike Spetko Ms. Lourdes Slazyk Mr. Roberto Lavemia Mr. Richard Eichinger Lucia A. Dougherty, Esq. Gloria Velazquez, Esq. MIAMI/PAR 00A/1082339/n74z011.00C/10/08/99 hi :r s� GREENHERG TRAURIG, P.A. city clert 1221 BRICKELL AVENUE MIAMI, FLORIDA 33131 305-579-0500 FAX 305-579-0717 www.gtlaw.com MIAMI NEW YORK WASHINGTON,D.C. ATLANTA PHILADELPHIA TYSONS CORNER CHICAGO .RAO PAULO FORT LAUDERDALE WEST PALM BEACH ORLANDO TALLAHASSEE BOCA RATON 0 n �. ��•r+ 'J1 �C� i S A A F 4�- '77j TRANSPORT AMUYSIS PROFESSIONALS, INC. FAX &MAIL 8701 S.W. 137th AVENUE •SUITE 210 • MIAMI, FL 33183-4498 • TEL 305l385-0777 FAX 305/385-9997 October 7, 1999 Mr. Jim Koningisor Koningisor, Luciano and Associates 24 Lakeview Road Framingham, MS 01701 RE: Miami River Park Apartments - Parking Study Dear Mr, Koningisor: Per your request, Transport Analysis Professionals, Inc., (TAP) has recently performed a parking demand analysis to evaluate the need for parking at Miami River Apartments. To evaluate this need, we have performed a parking study of actual usage at two separate affordable housing apartment buildings located in the City of Miami, Florida which are comparable to the new building proposed by the Gatehouse Group. Also, we surveyed the existing parking conditions in the area of NW 4a' Avenue and a Street. Background It is our understanding that the Gatehouse Group is proposing to construct an affordable apartment building in the northwest corner of NW 4th Avenue and NW 41' Street in the City of Miami, Florida. The proposed parking garage will supply 206 spaces to be used by tenants and visitors of the apartment building. The apartment building will consist of the following mix of apartments: One -bedroom units: 80 Two -bedroom units: 80 Three -bedroom units: 27 Total:187 The proposed parking would provide one space per unit, plus an additional one visitor space for every 10 units. This computes to a ratio of approximately 1.1 spaces per unit or 0.64 spaces per bedroom. According to the City of Miami parking code requirements, 313 spaces are required to supply parking for an apartment building containing 187 units as computed using the following formula: One space per each one bedroom unit, two spaces per each two bedroom unit, and two spaces per each three bedroom unit, plus one visitor space for every ten units. The zoning code further provides for a reduction of up to 50% of spaces required for affordable housing, by Special Exception. This would allow a reduction to 157 spaces. The Gatehouse Planning • Design and Engineering • Accident Reconstruction S J _ D 6 6 • Mr, rim Koningisor October 7, 1999 Page 2 Group has applied for this Special Exception, but has proposed to provide 206 spaces, or 67% of the required spaces rather than the 50% maximum reduction which the code allows. Parking Study In order to evaluate the actual parking need for the proposed development, and therefore the appropriateness of Gatehouse's request, TAP performed a parking study of two similar affordable apartment buildings. Both buildings report 100% occupancy, with waiting lists. One study was performed at the first such building (West Brickell Apartments) on Thursday, September 30a' and at the second such building (Biscayne View Apartments) on Monday October 0' Both studies were performed between the hours of 7:00 PM and 9:00 PM. The apartment buildings are located within the City of Miami and have the following mix of apartments and associated parking: West Brickell Apartments - 950 NE 2°d Avenue One -bedroom units: 117 Three -bedroom units: 13 Total: 130 - Parking spaces provided: 130 - Parking spaces required by Current Miami code: 143 - Percent of required spaces actually provided: 91% Biscayne View Apartments - 915 NW 1" Avenue One -bedroom units: 154 Two -bedroom units: 284 Three -bedroom units: 25 Total: 463 Parking spaces provided: 454 Parking spaces required by current Miami code: 850 spaces Percent of required spaces actually provided: 54% The 7:00 PM to 9:00 PM time period was chosen for study as it represents a key time to be home for many people in a typical apartment building. It is the time of day that the average person is home from their day jobs and/or are still home prior to leaving for dining out or other activities or are coming back from dining out or other activities prior to the study's 9:00 PM end time. Because of the diversity between different schedules of people i.e., working days/working nights, it is also the time of day likely to experience peak visitation, eating out - eating in etc., the time of peak demand will vary slightly on any given day and from building to building. However, based on numerous comprehensive parking studies by this firm performed over the years, the 7:00 PM to 9:00 PM time period is representative of most building's peak demand period. Some building's peak times occur during the early hours of the morning, but the demand is only about 10% higher than the 7:00 PM to 9:00 PM study period. Mr, Jim Koningisor October 7, 1999 Page 3 For the purposes of this study to be conservative, we have computed the actual peak demand during the 7:00 PM to 9:00 PM time from actual continuous counts during this period, then added 10% to allow for a possible increase during the early morning hours as referred to above. Table 1 (enclosed) depicts the amount of parking demand for the West Brickell Apartments during the 7:00 PM to 9:00 PM study period. As can be seen in Table 1 at 8:10 PM, parking had peaked to 68 spaces or about 52% of the total available spaces with about 48% of the supplied parking still available. If 10% is added for a theoretical early hours peak demand, the parking need is only 75 spaces or about 58% of the total available spaces. Table 2 shows the amount of parking demand associated with the Biscayne View Apartments. At the peak time interval, there were 75 vacant spaces available. The peak occurred between 8:45 PM and 9:00 PM having 379 (83%) of the 454 spaces occupied. If 10% is added for a theoretical early hours peak demand, the actual peak parking need reaches only 417 spaces, or about 92% of the available spaces. Available On -Street Parking To augment the 206-space garage for the proposed Miami River Apartments project, there is also on -street curb parking throughout the area. On September 30,h, TAP staff performed a study of available surplus street parking around the proposed development site near NW 0 Avenue and NW 4`h Street. Table 3 depicts the results. From 8:00 PM to 8:40 PM, the immediate area had 46 vacant on -street parking spaces available. In addition, there are several public lots available within a few blocks of this site. Available Public Transportation The Miami -Dade Transit Authority was consulted regarding bus route availability for residents of the proposed apartment building. It was determined that the area supports many routes within a four -block area. Further, a Metrorail station at the Government Center, only three (3) blocks away, supports both a rail station and the Downtown People Mover. The proximity of available transit facilities makes the proposed apartment building attractive to many people that don't own their own vehicles. This situation, of course, could significantly lessen the demand for parking at the proposed Miami River Park Apartments even further. Conclusions A summary of the data collected during this parking study of comparable buildings, and a comparison of that data to the proposed Miami River Park Apartments is as follows: Mr. Jim Koningisor October 7, 1999 Page 4 Proposed �50 ikk 2n•V-N,-- q15 .VZ I�-A-- West Brickell Biscayne View Miami River Variable Apartments Apartments Apartments -No. of units 130 units No. of bedrooms 156 bedrooms -Spaces required by code 143 spaces -Actual spaces provided 130 spaces -% of required spaces provided 91 % -Peale parking space demand 75 spaces -Peak parking space demand per unit 0.58 spaces/unit -Peak parking space demand per bedroom 0.48 spaces/unit % of spaces required by code actually utilized at peak demand 52% of spaces utilized 58% -vacant spaces at peak demand 55 spaces 463 units 797 bedrooms 850 spaces 454 spaces 53% 417 spaces 0.90 spaces/unit 0.52 spaces/unit 49% 92% 37 spaces 187 units 321 bedrooms 313 spaces 206 spaces 66% 167 spaces 0.89 spaces/unit 0.52 spaces/unit 53% 81% 39 spaces (Note: peak demand as set forth in this table represents actual peak from counts during 7-9 PM period, plus 10% added for possible need during early morning hours.) Thus, utilizing the data produced by this study, a conservative peak demand of 167 spaces is projected. This is based on an actual need of 0.52 spaces per bedroom (West Brickell Apartment's actual need is 0.48 spaces per bedroom; Biscayne View Apartments is 0.52 spaces per bedroom). By providing 206 spaces, or 0.64 spaces per bedroom, there is a surplus or cushion, of 39 spaces projected at the time of peak demand in the early morning hours. This conclusion may be additionally conservative in view of the availability of convenient public transportation within a few blocks of the site. As an aside, this study also ratifies the premise of the Special Exception contained in the zoning code. The code provides for a reduction of up to 50% of the required spaces. As shown in the above table, the actual peak early morning demand is equal to approximately 52% of the code -required spaces at West Brickell Apartments and 49 % of the code -required spaces at Biscayne View Apartments. By way of comparison, Miami River Apartment developer's are proposing to construct 66% of the code -required spaces and therefore provide more than an ample supply of parking spaces for the project. Sincerely, Richard P. Eichinger Senior Traffic Engineer RPE/ws/9743 Enclosures cc: Adrienne Pardo v ei Et 1 r Table 2 Biscayne View Apartments Monday, October 4, 1999 Time (PM) Occupied Spaces Total Available Spaces Percent of Total Occupied Percent of Total Available 7:00 - 7:15 315 139 69.38% 30.62% 7:15 -7:30 325 129 71.59% 28.41 % 7:30 - 7:45 329 125 72.47% 27.53% 7:45 -8:00 335 119 73.79% 26.21 % 8:00 - 8:15 345 109 75.99% 24.01 % 8:15 - 8:30 356 98 78.41 % 21.59% 8:30 - 8:45 370 84 81.50% 18.50% 8:45 - 9:00 379 75 83.48% 16.52% tJ- 66 Table 1 WEST BRICKELL APARTMENTS September 30, 1999 Total Total Percent of Percent of Occupied Available Total Total Time Spaces Spaces Occupied Available 19:00 61 79 43.57% 56.43% 19:10 63 77 45.00% 55.00% 19:20 62 78 44.29% 55.71 % 19:30 62 78 44.29% 55.71 % 19:40 64 76 45.71 % 54.29% 19:50 65 75 46.43% 53.57% 20:00 65 75 46.43% 53.57% 20:10 68 72 48.57% 51.43% 20:20 65 75 46.43% 53.57% 20:30 62 78 44.29% 55.71 % 20:40 63 77 45.00% 55.00% 20:50 64 76 45.71 % 54.29% 21:00 65 75 46.43% 53.57% 140 Available Parking Spaces (Including 5 handicap spaces) 03— ��a .i Table 3 PROJECT SITE Number oP Vehlcles Parked Along Curbside Around Block of Proposed Site September 30, 1999 NW 4 St NW 4 St NW 5 Ave NW 5 Ave NW 5 St NW 5 St NW 4 Ave NW 4 Ave Total Total Total Total'.. Percent of Percent of East of East of North of North of East of East of North of North of Vehicles Linear Linear Available Linear Linear NW 4 Ave NW 4 Ave NW 4 St NW 4 St NW 4 Ave NW 4 Ave NW 4 St NW 4 St Parked Feet Feet Parking Feat Feet Time North Side South Side East Side West Side North Side South Side East Side West Side Curbside Occupied Available Spaces Occupied Available 19:00 4 4 2 1 0 0 1 0 12 360 1782 59 16.81 % 83.1 19:10 4 4 2 3 0 0 1 0 14 420 1722 57 19.61% 80.3 19:20 5 6 2 3 1 0 1 0 18 540 1602 53 25.21 % 74.79 19:30 7 6 2 3 1 0 0 0 19 570 1572 52 26.61 % 73.39% 1SAO 8 7 3 3 1 0 0 0 22 660 1482 49 30.81% 69.19% 19:50 8 7 4 3 1 0 0 0 23 690 1452 48 32.21 % 67.79% 20:00 10 7 4 3 1 0 0 0 25 750 1392 46 35.01% 64.99% 20:10 10 7 4 3 1 0 0 0 25 750 1392 46 35.01% 64.99% 20:20 10 7 4 3 1 0 0 0 25 750 1392 46 35.01% 64.99% 20:30 10 7 4 3 1 0 0 0 25 750 1392 46 35.01% 64.99% 20:40 10 7 4 3 1 0 0 0 25 750 1392 46 35.01% 64.99% 20:50 10 6 4 3 1 0 0 0 24 720 1422 47 33.61% 66.39% 21:00 10 6 4 3 1 0 0 0 24 720 1422 47 33.61 % 66.39% ' This includes all curbsides around the block of the proposed site. " This includes all curbsides around the block east of the proposed site. Assumes each space to be 30 feet in length. 2142 Linear Feet of Curbside Parking Available Around Site'. 1132 Lonear Feet of Curbside Parking Available on Block East of Site- 9 Metered Spaces 2 Blocks East of Site (Under 1-95) Miami Parking System Lot #13 2 Blocks East of Site sf�1 0 "1b TRANSPORT ANALYSIS RICHARD P. EICHINGER PROFESSIONALS, INC. Senior Traffic Engineer QUALIFICATIONS Mr. Eichinger has over 21 years of professional experience in transportation SUMMARY engineering in both the public and private sectors. Ibis areas of expertise include traffic impact and concurrency analysis, capacity analysis using the latest computer software technology, operational roadway design, traffic and pedestrian data collection procedures and analysis, intersection safety analysis and improvement design, conflict analysis, accident frequency studies, saturation flow studies, travel time and delay studies, traffic signal retiming and fine tuning, pavement marking and signing, parking and circulation analysis, parking lot design, pedestrian and bicycle safety studies, Florida Department of Transportation (FDOT) access management regulations and permitting, computer aided design and accident reconstruction. Continuous research of ITS technologies. EDUCATION ASTE - Miami Dade Community College AND TRAINING Continuing education coursework - Florida International University Urban Street System Design - Northwestern University Traffic Accident Reconstruction - Northwestern University Safety Design & Operational Practices for Streets and Highways - Federal Highway Administration (FHWA) Railroad Highway Grade Crossing Improvements Program - FHWA Brakes: Design and Safety - Society of Automotive Engineers FDOT Access Management - FHWA Transportation Demand Management - Institute of Transportation Engineers (ITE) Numerous Traffic Engineering Seminars PROFESSIONAL In February 1988, Mr. Eichinger joined Transport Analysis Professionals, EXPERIENCE as Senior Associate. In this capacity he performs traffic studies, operation analyses and design, signal system timing analysis and fine tuning, traffic plan documentation and makes presentations to City and County Commissions regarding the traffic aspects of planning and zoning matters. He performs project engineering management responsibilities and develops proposals for private sector clientele. Some notable projects include: Blue Lagoon DRI study, Williamson Cadillac Study, Shoma Development studies, World Wide Sportsman Study -- Islamoarada, Barclays Financial Center Study, 163rd Street Mall traffic circulation study, Bal Harbour Shops traffic management (ongoing for several years), Diplomat Mall traffic analysis, Boot Key Harbor Plaza traffic analysis, FDOT SR 878/874 20-year transportation planning study, FDOT SR 836 and NW 45th Avenue ramp study, Project Manager FDOT districtwide data collection and multi -modal evaluation study, project manager for Miami -Dade County MPO "RUSH" Project, Big Pine Key Elementary School traffic study, numerous Monroe and Miami- 1 v�1-- ii�3(3, Dade County traffic and concurrency studies, several Miami -Dade County School Board traffic access and circulation studies, Checkers, Burger King, McDonalds, Pollo Tropical traffic concurrency and site circulation studies, Doctors' Hospital of Coral Gables parking and traffic concurrency analysis, Key West Gateway Suites traffic study, FDOT railway crossing inventory studies, Waterford at Blue Lagoon DRI study, project manager for Miami - Dade County Public Works Department "TOPICS" study, Baptist Hospital of Miami traffic circulation and traffic signal warrant studies. Plus numerous other studies. Mr. Eichinger was assigned temporarily in 1994 to the Tampa Bay area for approximately six months as office manager establishing new clientele and to work with local governments. Additionally, Mr. Eichinger performs accident reconstruction. 1984 - 1988 As Vice President of Traffic Engineering for Miles Moss and Associates in Miami, Mr. Eichinger was in charge of all traffic engineering studies. A few notable projects which he managed were the University Inn reconstruction project, Doctors' Hospital expansion impact study, West Kendall Area Major Health Care travel time study, plus numerous other studies. 1983 -1984 As a Traffic Engineer for Mid South Engineering of Fort Lauderdale, Mr. Eichinger's duties were all related to traffic engineering services provided to government agencies and private sector clients. In this capacity he specialized in traffic operations and analysis functions, contract management and proposal preparation, plus numerous development impact studies. 1978 - 1983 For five years, Mr. Eichinger was with the Metro -Dade Public Works Department and the Department of Traffic and Transportation. He was responsible for coordinating day to day traffic operations functions required to maintain and enhance traffic flow and pedestrian/vehicular safety. As Central District Engineer, he supervised five technicians to help solve the City of Miami's and Coral Gables' traffic operations needs. As Special Projects Engineer, he was responsible for the County's bikeway traffic controls and coordinating and maintaining detour patterns for major events, such as the Orange Bowl Parade, the Miami -Dade County Youth Fair, Calle Ocho, bicycle and foot race marathons, plus parking and circulation for many of the County's special events. PROFESSIONAL Institute of Transportation Engineers - Member #12835 AFFILIATIONS Florida Section of ITE (FSITE) IVHS Council - ITE SPECIAL FSITE Technical Subcommittee on "Protected/Permissive Left Turn ACHIEVEMENT Protected Only Left Turns - Criteria for Implementation". This 1982 top award -winning paper was published in the International ITE Journal. 1 /99 2 PETER 13. SOB I A.TTO UNEY AT LAw 4u3to5 9th Floor Capital Sank Building Telephone: (305) 5SO-17#00 '•la��r.� Beach, Ft. 33140 1221 $rickell Avenue putaide Dade County: '.Miami, Florida 53131 1-Ii00-208-3300 November 24, 1999 RE: Case No. 199-0270 Appeal Office of Hearing Boards City of Miami 444 SW 2 Avenue, 7th Floor Miami, FL 33130 ATTN: Teresita L. Fernandez Executive Secretary Gentlemen: This is an appeal of the decision of the Miami Zoning Board on Monday, November 15, 1999 in passing by a majority a special exception as listed in ordinance number 11000, as amended, the zoning ordinance of the City of Hiami, Article 9, Section 917.6, Reduction in Parking Requirements for Housing for Low Income Families and Individuals, a certified copy of which is attached and made a part herein. The applicant requested the City to waive 107 of the required 313 parking spaces. The proposed 14 story apartment building and parking garage will be located on property now known as Lots 11 through 20, Block 73-N Less the North 10.00 feet thereof "Map of Hiami-Dade County, Fla" according to the Plat thereof as recorded in Plat Book "B" at Page 41 of the Public Records of Miami -Dade County, Florida. stdhP£ftr0, iroi-,. ztiv �ii.l �i(� record he,, eZ,s v.: , City C;Lfk Lot 11 485 NW 4 Street Lot 12 465 NW 4 Street Lot 13 453 NW 4 Street Lot 14 447 NW 4 Street Lot 15 443 NW 4 Street Lot 16 433 & 439 NW 4 Street Lot 17 429 NW 4 Street Lot 18 421 NW 4 Street Lot 19 411 NW 4 Street Lot 20 405 NW 4 Street "According to the City of Hiami parking code requirements, 313 spaces are required to supply parking for a;i apartment building containing 187 units as computed using the following formula: One space per each one bedroom unit, two spaces per each two bedroom unit, and two spaces per each three bedroom unit, plus one visitor space for every ten units." 2 09- 966 SM This appeal is brought by Peter B. Sobel, a property owner who owns 421 NW 3 Street, Miami, FL 3312.8, located within 375 feet of the proposed buildings. The special exception should not be granted and the ruling of the Hiami Zoning Board should be reversed on the following grounds: 1. The application for special exception on behalf of Hiami River Park Associates, Ltd. states, "Nature of proposed use special exception for reduction in parking for an affordable housing apartment building." 2. Section 917.6 is for "reduction in parking for housing for low income families and individuals". It further states in 917.6(D), "After such permit shall have been issued, the premises shall not be used other than as low income housing, subject to the exception and limitations set forth in (A) above...". Section 917.6(A) states, "The project shall otherwise conform to the requirements of state and/or federal programs for this purpose". 3. There is a clear distinction between "affordable housing" and "low income families and individuals housing". The section that permits a special exception for reduction in parking spaces is available for only low income families housing. 4. The application in and of itself does not fulfill the criteria of section 917.6. 3 SJ- 9646 S. The Zoning Board failed to consider or inquire whether the total occupancy of 187 units were "low income families and individuals". The granting of a special exception is based on the application to be filed in accordance with the zoning law criteria state in the special exception, which was not done here. The Miami Zoning Board had a duty to inquire whether the proposed project is for only low income families and individuals, which it did not. The application which the Zoning Board acted upon did not contain the necessary elements. 6. The applicant failed to mention their proposed apartment house project on the south side of 4th Street. It is directly across the street from this 14 story apartment louse and parking garage. This will also impact the neighborhood on street parking. The apartment buildings on the north side of 3rd street use all the on street parking spaces. The apartment buildings on the north side of 3:,d street were built before off street parking was required. Over 100 apartment units rely on the on street spaces on 3rd street because they do not have their own off street parking. Therefore the Miami Zoning Board decision should be reversed so as to deny the special exception. If the commission sustains 4 .t: this decision it will be causing great harm to the appellant and reduction in the value of his property. The future use of his R-4 zoning will be reduced due to over crowding of on street parking. The Appellant owns one of those buildings at 421 NW 3 Street. We must have the current on street parking on 3rd street, especially all night when all the residents cars are parked. There will be an overflow of on street parking on 4th street which will spill over to 3rd street if this exception is granted. The leading case of Mayflower Property, Inc. v City of Ft. Lauderdale, Fla. App. 1962, 137 So.2d 849, on the question of whether the relief sought by the Appellant is a variance or an exception stated: "A 'variance' is the relief granted from the literal enforcement of a zoning ordinance permitting the use of property in a manner otherwise forbidden upon a finding that enforcement of the ordinance as written would inflict practical difficulty or .. unnecessary hardships on a property owner. An 'exception' is a departure from the general provisions of a zoning ordinance granted by legislative process under express provision of the enactment itself. If certain facts or circumstances specified in the ordinance are found to exist, then either on a direct application, or on an appeal from an administrative order 5 09 �� o enforcing the zoning ordinance, a board of adjustment may grant an exception. A variance is entirely different from an exception although the terms are sometimes, in error used synonymously. In the absence of a specific provision of law requiring it, one need not show usual hardships to secure an exception. An ordinance granting the power to make exceptions must contain proper standards or rule of guidance, and under such circumstances, the Board is not rezoning or usurping legislative power..." This application fails to meet the requirement necessary to be entitled to a special exception under section 917.6. cc: Adrienne F. Pardo, Esq. L Respectfully submitted, Peter B. Sobel S Appellant PO Box 403105 Miami Beach, FL 33140 (305) 539-1700 S tY M ZONING § 917 two (2) dwelling units. The remaining one-half (Y2) of land area which would otherwise be used for parking shall be set aside and maintained as open space ,or utilized for recreational purposes. The following requirements and limitations shall apply: (a) Applicant shall submit written certification from the corresponding state or federal agency in charge of the program. (b) Such offstreet parking shall be permitted upon a finding that, in view of location of such housing, the economic status of anticipated occupants, and other pertinent considerations as specified in the permit, there will be adequate offstreet parking of occupants, visitors, and employees. (c) After such permit shall have been issued, the premises shall not be used other than as housing for the elderly, subject to the exceptions and limitations set forth in (a) above, unless and until any parking requirements and all other requirements or limitations of this zoning ordinance for the district involved and applying to the new use shall have been met. Housing for the elderly, in relation to this regulation, is not to be construed as homes or institutions for the aged which are primarily convalescent or nursing homes. 917.6. Reduction in parking requirements for housing for low income families and individuals. Reduction of generally applicable offstreet parking requirements in connection with housing for low income families and individuals may be allowed by Special Exception only to an amount not less than one-half (V2) of the spaces generally required. The remaining one-half M) of land area which would otherwise be used for parking shall be set aside and maintained as open space or utilized for recreational purposes. The following requirements and limitations shall apply: (a) The project shall otherwise conform to the requirements of state and/or federal programs for this purpose. (b) The zoning board, in its consideration of the application for Special Exception, shall determine and make a finding that the reduction in offstreet parking requirements is justified in view of the nature and type of prospective occupancy, the economic circumstances involved, and that traffic and parking problems resulting from such reduction will not unduly burden traffic facilities in the neighborhood. (c) The zoning board shall, as part of its grant of Special Exception, specify that the city, upon notice and hearing as for Special Exception, may later require that the one-half M) of land area set aside be converted and devoted to offstreet parking, if it is demonstrated that traffic and parking conditions together with impact on the neigh- borhood require such conversion. (d) After such permit shall have been issued, the premises shall not be used other than as low income housing, subject to the exceptions and limitations set forth in (a) above, Supp. No. 6 368.3 ,., § 917 MIAMI, FLORIDA unless and until any parking requirements and all other requirements or limitations of this zoning ordinance for the district involved and applying to the new use shall have been met. 917.7. Reduction in parking requirements for combinations of commercial and office uses on the same premises. Where commercial and office uses are combined on the same premises and proposed parking facilities are so located and designed as to serve both uses conveniently and with reasonable security, the combined parking requirements may be reduced to ninety (90) percent of the total required spaces only by Class II Special Permit. 917.8. Deferral of portions of total required parking improvements, by Special Exception for initial period, control of extensions. By Special Exception, the zoning board may allow deferral of provision of parking spaces, construction, surfacing, drainage, marking, and other improvements incidental to preparation for actual use of portions of required parking, upon findings that such portions are not reasonably likely to be required because of the type of occupancy of the premises, the character of the neighborhood, joint use of facilities by uses with differing peaks of parking demands, or for other reasons assuring that deferral of such improvements will not result in parking shortages on the premises, or increase on street parking demands in the vicinity. Except where parking is provided in a structure, such as a parking garage, areas on the lot on which parking improvement requirements are deferred by special permits shall be improved and maintained as green space until improved as required for offstreet parking. No such area shall be included as meeting part of any requirements concerning amount of green space to be provided on the lot, since deferral of improvements is not intended as a waiver of offstreet parking requirements. 917.8.1. Deferral period, revocation of permit; notice of revocation. Such deferral may be for a specified period of not less than one (1) nor more than five (5) years without provision for renewal except upon application for a new Special Exception permit, or for such specified initial period with provision for renewal for not less than one (1) nor more than five (5) years as set forth in section 917.8.2. below. All such permits shall be revocable, in whole or in part, and the conditions and safeguards attached thereto may be changed by the zoning board, after consultation with the permit holder or his duly authorized agent, upon findings based upon evidence that continued deferral of required improvements for all or part of the spaces involved is no longer justified, or that changes in conditions and safeguards are required. Such permits shall contain notice of these provisions concerning revocation or changes in conditions or safeguards. Prior to any consideration of revocation, the zoning board shall give notice to the permit holder, but in the event of his failure to appear in person or by agent at the meeting at which the matter is acted upon, the board may proceed in the matter. Supp. No. 5 368.4 C. EE'' � 00 C36ordinanceatta STATE OF FLORIDA ) COUNTY OF DADE ) CITY OF MIAMI ) I, WALTER J. FOEMAN, City Clerk of the City of Miami, Florida, and keeper of the records thereof, do hereby certify that the attached and foregoing pages numbered 1 and 2, inclusive, constitute a true and correct copy of section 917.6 of City of Miami Zoning Ordinance No. 11000, as amended. IN WITNESS WHEREOF, I hereunto set my hands and impress the Official Seal of the City of Miami, Florida, this 15`h day of November, 1999. (OFFICIAL SEAL,) WALTER J. FOEMAN City Clerk Miami, Florida i Deputy Cler � - 9 G 6 12/1/99 3:24 PM FROM, T Transport Analysis Professionals TO: +1 ."- 961-5683 PAGE_ 002 Or 003 ` : i TRANSPORT ANALYSIS PROFESSIONALS, INC. 8101 SW. 1371h AVENUE • SUR 210 • alvi �: 3318,1•4496 • lia M5/385-r7 7- rAX 30b1385.0'W December 1, 1999 FAX & MAIL Mr. James Koninigisor Koninigisor, Luciano and Associates 24 Lakeview Road Framingham, MS 01701 RE: Parking Study Dear Mr. Koninigisor: Per your request, we have performed a parking survey in the area of the proposed Miami River Park Apartments to be located at NW 4' Street between NW 4' and 5' Avenues. The survey was performed on Tuesday, November 30, 1999 at 11:00 p.m. The survey encompassed an area of approximately 400 feet from the proposed project's site. The attached table describes the areas studied along with a summary of our survey results for each block face. In summary, the area studied supports parking for 147 passenger cars, light trucks and vans. The total area used by vehicles at the 1 I M p.m. rurvoy time %var 11. 1povina nvnilnhlA r.pgnA for 1 15 vehicles. In our opinion, it appears that the area studied does not have a problem with parking. If you need additional information, please contact me directly at (305) 385-0777. Sinccrely, TRANSPORT ANALYSIS PROFESSIONALS, INC. 1' � chard P. 6cinger Senior Traffic Engineer RPE/ws/974; Enclosure a t!bn'1,t4 rec tea trt`o try? tt�rrt r�Ojn c trn?�t;ti � ub(ic "-'�- On _ With LA *-'lonniny 9 DeSign once Cnoinf,-:o- ;i • Accific-1 IiGri:!Y St!:.'•1: t) — CV, '%," 64 12/1/99 3:24 PM FROM TA TraesLiort: Analysis Professionals TO +1 >r`. 961-5683 PAGE: 003 OF 003 j {• Y y� 11:00 PM AREA PARKING SURVEY, NOVEMBER 30, 1999 Location: Total Available Available, Cara Parked on Percent of Parking Area Percent of Parking Area Total Parking • Parking Street Ocou ied p Avg labl� Available (pasengor Cars) NW 4111 Street Between 3rd & 4th Avenues 225 6 North Side (Closed: Construction) 0% 0% 100% S NW 4th Street Between 3rd & 4th Avenues 229 S South Side 0 0°% NW 4th Street Between 4th & 5th Avenues 450 19 North Side 4 27°% 73'% 11 NW 4th Street Between 51h Ave & River Drive 113 4 North Side 0 0%100%q NW 4th Street Between 4th Ave & River Drive 563 19 South Side 6 32% 68 °6 13 NW 3rd Street Between 3rd & 4th Avenues 225 8 North Side 1 13°6 88 % 7 NW 3rd Street Between 41h Ave & River Drive 315 North Side 11 1 t 100%0%0 NW 3rd Street Between 3rd Ave & River Drive 720 24 South Side 10 42% r�°� 14 NW 4th Avenue Betweeri 4th & 5th Streets 225 East Side g 0 0% 100% p NW 4th Avenue Between 41h & 5lh Streets 225 8 West Side 0 0%100%S NW 4th Avenue Between 3rd & 4th Streets 270 9 East Side 0 O'A 100% o NW 4th Avenue Between 3rd & 4th Streets 270 g West Side 0 0% 100% NW 5111 Avenue Between 4th & 5th Streets 225 S 0 East Side 0% 100%g NW 51h Avenue Between 4th & 5th Streets 225 West Side 8 0 0°b 100°4 a Summary: tal Available Total Vehicles Total E Parking Parked Available 147 32 115 09 i E MIAMI ZONING BOARD/ Monday, November 15, 1999 �`1 8:30 to 9:00 p.m. ( l_.r Miami City Hall / 3500 Pan American Drive Dinner Key, Miami, Florida RE: Special Exception as listed in Ordinance No.: 11000, as amended, the Zoning Ordinance of the City of Miami, Article 9, Section 917.6, Reduction in parking requirements for housing for low income families and individuals, to waive 107 of the required 313 parking spaces. APPEARANCES: GEORGE BARKET, CHAIRMAN OF THE BOARD GEORGES WILLIAM, MEMBER RICK D. RUIZ, MEMBER, CHARLES T. FLOWERS, MEMBER JUVENAL PINA, MEMBER HUMBERTO J. PELLON, MEMBER ILEANA M. HERNANDEZ, MEMBER FIDEL PEREZ, MEMBER ADRIAN PARDO, ESQUIRE, Appearing on behalf of the Petitioner PETER SOBEL, ESQUIRE, Appearing on behalf of Respondent. 18 W. FLAGLER ST. n AVI•IG �I nn CI ITC .nnn City Gt---e►:. 2255 GLADES ROAD CI IITF 39d� MIAMI, F16RIDA 33130 245 HOLLYW OD BOULEVARD BOCA RATON, FLORIDA HOLYWIDA 1031 IVES DAIRY ROAD • SUITE 226 1 EAST BROWARD BOULEVARD . SUITE 700 301 CLEMATIS STREET . SUITE 3000 NORTH MIAMI BEACH FORT LAUDERDALE WEST PALM BEACH i 1 1 2 3 4 5 5 7 8 9 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THEREUPON: The following proceedings were had: MR. BARKET: Please go to the microphone and give us your name, address, and what item you are on, Mr. Sobel. MR. SOBEL: My name is Peter Sobel. This is Item 3 on the agenda. I own the property 421 Northwest 3rd Street, which is within 375 feet of this project. And I did some research, and what I did, I would like to give you the benefit of this, and it has to do with not having this hearing today, because the application is inappropriate under the ordinances for the City of Miami. So I made some extra copies. I did kind of a rough draft, if you don't mind. MS. MARREORO-TREHY: Mr. Chair, this item is not before you. If you wish to hear Number 3 out of order, that is certainly up to the Chair and the Board, however, this matter is not currently in front of you. 19 W. FLAGLER ST. RIC!`AVNC RI nr . CI IITC imn MR. BARKET: Mr. Sobel? MR. SOBEL: I would like the full Board :TMAN FELDMAN i A VERITEYT COMPANY 2255 GLADES Ri Ci IITC- w MIAMI, FLORIDA 33130 245 HOLLYW ODD BOULEFLORIVARD BOCA RADON, FLORIDA HOLYW1031 IVES DAIRY ROAD • SUITE 228 1 EAST BROWARD BOULEVARD • SUITE 700 301 CLEMATIS STREET . SUITE 3000 NORTH MIAMI BEACH FORT LAUDERDALE �+ -WEST BEACH a 1 MR. BARKET: This item that you are 2 to is item Number 3? referring 3 MR. SOBEL: Correct. 4 MR. BARKET: And Adrienne Pardo is 5 right here. 6 Adrienne, I saw you. She's out in the 7 hall.. I respectfully request that you go out 8 there -- Do you know Adrienne? 9 MR. SOBEL: Yes, I met her. 10 MR. BARKET: Go out there and discuss 3.1 this, matter with her and then when your item 12 is called, we'll take things under 13 consideration. But at this time I 14 respectfully request that you go out and 15 discuss this with her. 16 MR. SOBEL: This is by way of -- 17 MR. BARKET: Please, I've ruled. Go 18 out and talk with Adrienne. Discuss with her 19 what you have, and maybe you all can amicably 20 settle it, or come back in and we'll listen 21 to a continuance. 22 Will you please call item Number 1. 23 24 MR. BARKET: Peter, get up on the 25 L�n_rA� 18 W. FLAGLER ST. — MATZ TRAKTMAN FELDMAN & WILDNEIR 2255 GLADES ROAD BISCAYNE BLDG. a SUITE 1020 A VERITEXT COMPANY SUITE324-A MIAMI, FLORIDA 33130 2455 OLYOD BOULEVARD BOCA RATON, FLORIDAHOLLFLORIDA 1031 IVES DAIRY ROAD . SUITE 228 1 EAST BROWARD BOULEVARD a SUITE 700 301 CLEMATIS STREET • SUITE 3000 NORTH MIAMI BEACH FORT LAUDERDALE SNi T PALM %Ct • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Were you all able to agree to anything? Wait a minute, Peter. I'm going to ask one of the Board members to make a motion that we take item Number 4 before we take item Number 3. MR. FLOWERS: I make the motion. MR. PEREZ: Second, MR. BARKET: And there's a motion to second. MS. MARRERO-TREHY: Who made the motion? MR. BARKET: Motion by Mr. Flowers. Second by Mr. Perez? MR. PEREZ: Yes. THE CLERK: Ms. Hernandez? MS. HERNANDEZ: Yes. THE CLERK: Mr. Pellon? MR. PELLON: Yes. 19 W. FIAGI ER ST THE CLERK: Mr. Ruiz? MR. RUIZ: Yes. THE CLERK: Mr. William? MR. WILLIAM: Yes. THE CLERK: And Mr. Barket? MR. BARKET: Yes. Motion passes. ELDMAN � BISCAYNE BLDG. • SUITE 1020 AWRITUT COMPANY MIAMI, FLORIDA 33130 2455 HOLLYWOOD BOULEVARD HOLLYWOOD, FLORIDA 1031 IVES DAIRY ROAD • SUITE 228 1 EAST BROWARD BOULEVARD • SUITE 700 NORTH MIAMI BEACH FORT LAUDERDALE 2255 GLADES ROAD SUITE 324A BOCA RATON, FLORIDA 301 CLEMATIS STREET. SUITE 3000 o 9 WEST�V1t.lylV WH ' I 2 THE CLERK: 405, 411, 421, 429, 433, 439, 443, 447, 453, 465 & 485 Northwest 4th 3 Street. Special exception as listed in 4 Ordinance No. 11000, as amended, the Zoning 5 Ordinance of the City of Miami, Article 9, 6 Section 917.6, Reduction in parking 7 requirements for housing of low income 8 families and individuals, to waive 107 of the 9 required 313 parking spaces. 10 MR. BARKET: I want to ask a question it of the city attorney. 12 MS. MARRERO-TREHY: Yes? 13 MR. BARKET: As you may recall, Mr. 14 Sobel approached the podium and said that he 15 had some objections that should be brought up 16 or discussed before the case. 17 MR. SOBEL: I believe at this point, 18 unless you're going to consider a motion for 19 a continuance, I believe you should follow 20 the ordinary course which is to have Planning 21 staff, Building and Public Works and then the 22 applicant come before you and then You hear 23 from the public. And Mr. Sobel is certainly 24 entitled at that time to present his 25 19 W. FLAGLET. MATZ TRAKTMAN FELDMAN 8, WIL ER 2255 GLADES ROAD BISCAYNE BLDG. S • SUITE 1020 AVERITEncomPANY MIAMI, FLORIDA 33130 2455 HOLLYWOOD BOULEVARD SUITE 324•A HOLLYWOOD, FLORIDA BOCA RATON, FLORIDA 1031 NES DAIRY ROAD • SUITE 228 1 EAST BROWARD BOULEVARD • SUITE 700 301 CLEMATIS STREET. SUITE 3000 NORTH MIAMI BEACH FORTLAUDERDALE �? ((��^ . WEST PALM BEACH 1 with him. 2 MR. SOBEL: Well, I have a motion to 3 dismiss the application because -- 4 MR. BARKET: Give us your name and 5 address, please. 6 MR. SOBEL: Peter Sobel, 421 Northwest 7 3rd Street, Miami, Florida. 8 MR. BARKET: Adrienne, give us your 9 name and address. 10 MS. PARDO: Adrienne Pardo, Law 11 Offices at 1221 Brickell Avenue. 12 MR. BARKET: I asked the two of you to 13 please go out and see if you all could 14 amicably work out your differences so that we 15 can know which avenue we should take in 16 granting the continuance or hearing or 17 working out your difference, but it seemed 18 like it was to no avail, you all did not work 19 it out? 20 MS. PARDO: Correct. 21 MR. BARKET: Now, do you feel as though 22 that you should, being that you're the 23 applicant, to ask for a continuance until the qP 24 next hearing, well take your number first, 25 19 W. FLAGLER ST. MATZ TRAKTMAN FELDMAN 8 iNILD ER BISCAYNE BLDG. • SUITE 1020 AVERITEXTCOMPANY 2255 GLADES ROAD MIAMI, FLORIDA 33130 2455 HOLLYWOOD BOULEVARD SUITE 324-A HOLLYWOOD, FLORIDA BOCA RATON. FLORIDA 1031 NES DAIRY ROAD •SUITE 228 NORTH MIAMI BEACH 1 EAST BROWARD BOULEVARD . SUITE 700 301 CLEMATIS STREET . SUITE 3000 FORTLAUDERDAL WESTPALMBEACH q� 9 G 6 NW 1 all try to work this objection out. We don't 2 know what it is, 3 Now, I know your father-in-law. Peter 4 and I were in law school at the same time and 5 graduated together. So I want You all to 6 have a fair hearing. I want you to 7 understand the problems. 8 MS. PARDO: I understand Mr. Chair's 9 opinion. With all due respect, it's 10 extremely important for my client that 11 we proceed tonight due to the type of project 12 13 that it is and the loans and the tax credits and the funds of this Project is 14 receiving. I did go out and speak with Mr. Sobel, 15 but he only wanted to address the motion to 16 dismiss, and he wouldn't go into 17 anything else. So I don't think if you continue it 18 until the next hearing that it 15 would make a nY difference in this case. 20 MS. HERNANDEZ: Mr. Chairman, I'm 21 assuming if this item is before us today, Y, it is because the City Attorney's Office 23 has reviewed it and it can be here. 24 Otherwise it wouldn't be here. And that the 25 rest is 7N W. FLABLDG. - R IT. MAT2 TRAKT AN FELDM N 8 WILDNER r BISCAYNE BLDG. • SUITE 1020 MIAM1. FLORIDA 33130 AVERITEXTCOMPANY 2255 GLADES ROAD 2455 1031 HOLLYWOOD BOULEVARD SUITE 324,A NES DAIRY ROAD • SUITE 228 HOLLYWOOD, FLORIDA BOLA RATON, FLORIDA NORTH MIAMI BEACH 1 EAST BROWARD BOULEVARD ®� FORTLAUDEROALE .SUITE 700 301 CLEMATIS STREET. SUITE 3000 4J R3 - � G 6 WEST PALM BEACH I Madam Attorney, could you please clarify that 2 for us? 3 MS. MARRERO-TREHY: Well, there are 4 Assistant City Manager meetings at which I am 5 present and the items are reviewed before 6 they come to this Board. We certainly do 7 look at - hopefully look at all issues that 8 come before us. There are no issues that I'm 9 aware of why this item cannot be in front of 10 you today, or it would not be here. 11 There are very limited number of 12 reasons why an item, if properly applied for, 13 could not reach this point, and I am not 14 aware of any of those and none have been 15 presented to my office prior to this meeting. 16 MR. BARKET: Thank you. Mr. Sobel? 17 MR. SOBEL: Yes? 18 MR. BARKET: When were you advised of 19 this subject matter coming before the Zoning 20 Board here?' 21 MR. SOBEL: Excuse me? 22 MR. BARKET: When were you advised of 23 this hearing tonight? 24 MR. SOBEL: I was advised by mail about 25 19 W. FIAGLER S7 MATZ TRAKTMAN FELDMAN & W99WILDNE 2255 GLADES ROAD BISCAYNE BLDG. • SUITE 1020 AVERITEXT COMPANY SUITE324-A MIAMI, FLORIDA 33130 2455 HOLLYWOOD BOULEVARD BOCA RATON, FLORIDA HOLLYWOOD, FLORIDA 1031 IVES DAIRY ROAD SURE 228 NORTH MIAMI BEACH 1 EAST BROWARD BOULEVARD . SUITE 700 301 CLEMATIS STREET • SUITE 3000 FORT LAUDERDALE WEST PALM BEACH 0e9� 266 • 1 P.O. Box. 2 MR. BARKET: Did you make any efforts 3 to try to meet with Ms. Pardo? 4 MR. SOBEL: Well, the reason for my 5 asking for a dismissal goes to the heart of 6 this application. The application is 7 requesting an exception, exception with 8 regards to 917.6. 9 And I went down to the Clerk's Office, 10 I got a copy of it, and it doesn't apply to 11 affordable housing, and the application was 12 for affordable housing. The application was ® 13 not for low income housing. 14 So the application doesn't, that they 15 filed, and all the paperwork and all the 16 studies and everything have to do with 17 affordable housing, whereas 917.6 applies not 18 to affordable housing, but low income housing 19 in the actual burden of the statute. 20 I have a certified copy of it here. I 21 have enough copies to go around. 22 MR. BARKET: What I'm going to do, 23 we're going to hear the case. I want you to 24 please take a seat and make notations of 25 t Mc Uar.4'. cats anA 19 W. FLAGLER ST. TRAK MAN FELDMAN $ WILD ER ` BISCAYNE BLDG. • SUITE 1020 AVER(TE%TCOMPANY 2255GLAD ROAD MIAMI, FLORIDA 33130 2455 HOLLYWOOD BOULEVARD SUITE 324-A 1031 NES DAIRY ROAD •SUITE 228 HOLLYWOOD, FLORIDA BOLA BATON, FLORIDA NORTH MIAMI BEACH 1 EAST BROWARD BOULEVARD •SUITE 700 301 CLEMATIS STREET . SUITE 3000 FORT LAUDERDALE (1 i ► WEST HALM BEACH _ ' I could raise it in a rebuttal, and also cite 2 us and give us whatever material you want for 3 us to have. 4 MR. PINA: Madam City Attorney, do you 5 have any comments to that statement that was 6 just made? 7 MS. MARRERO-TREHY: As far as I'm 8 aware, the Zoning Department reviewed this, 9 this has gone through a month's process. 10 This has been approved by both Planning and it Zoning Department with respect to the type of 12 project and the benefits or bonuses for those 13 types of projects, interpretation in those 14 matters were made either by Planning or 15 Zoning Department. 16 MR. PINA: Does the Planning Department 17 have any statement on that comment? 18 MR. RUIZ: Do you have a copy of that 19 with you? 20 MS. MARRERO-TREHY: I do not, but in 21 any case a legal interpretation of low income 22 for Federal purposes would be one thing. For 23 state purposes might be another thing. For 24 zoning purposes might be a third thing. It 25 19 W. FLAMER ST. MATZ TKAKTMAN FELDMAN & WILDNER 2255 GLADES ROAD BISCAYNE BLDG. • SUITE 1020 A VERITEXT COMPANY SUITE 324A MIAMI, FLORIDA 33130 2455 HOLLYWOOD BOULEVARD BOCA RATON, FLORIDA HOLLYWOOD, FLORIDA 1031 IVES DAIRY ROAD • SUITE 228 1 EAST BROWARD BOULEVARD • SUITE 700 301 CLEMATIS STREET . SUITE 3000 NORTH MIAMI BEACH FORT LAUDERDALE j, C WEST PALM BEACH I With respect to interpretation of the 2 zoning code, it is up to the zoning 3 administrator with respect -- or do I have 4 it backwards? Interpretations are the 5 Planning Department, determination are Zoning 6 Administration, interpretation of Federal 7 law, we would certainly give that to your S client, which is you and the City Commission, 9 but that question has not come up, is not 10 before you today. It is really a question of 11 zoning interpretation or a planning 12 interpretation of what the code provides and 13 permits, and I believe that this has gone 14 through a MUS process and has already been so 15 decided, or has -- 16 MS. PARDO: It hasn't gone through MUS. 17 MS. MARRERO-TREHY: But the 18 application before you and the sign -offs have 19 been received by both planning and zoning. 20 So I stand corrected with respect to the MUS. 21 But it has certainly been reviewed by both 22 departments. 23 MR. RUIZ: What you're saying is the 24 zoning director gave his interpretation also 25 18 W. FLAGLER ST. ATZ TRAKTMAN FELDMAN 8 WILDNER BISCAYNE BLDG. • SUITE 1020 A VER17EX7 COMPANY 5 GLADES ROAD MIAMI, FLORIDA 33130 2455 HOLLYWOOD BOULEVARD SUITE 324-A 1031 IVES DAIRY ROAD •SUITE 228 HOLLYWOOD, FLORIDA BOCA RATON, FLORIDA NORTH MIAMI BEACH 1 EAST BROWARD BOULEVARD • SUITE 700 301 CLEMATIS STREET . SUITE 3000 FORTLAUDERDALE a WESTPALMBEACH lye-- 1 didn't come up, he said it came up this 2 morning, he spoke to som meone. eone. 3 MS. MARRERO-TREHY: No, he spoke with 4 me and he brought it to my attention and I 5 told him I don't make those decisions. And 6 as far whether or not what the zoning code 7 calls for, that obviously whatever is stated 8 in the zoning code is interpreted by the 9 zoning administrator. 10 MR. RUIZ: But You didn't have any 11 conversation with the Zoning Administrative? 12 MS. TREHY: No, I did not. 13 MR. PINA: Do you have copies of the 14 ordinance? 15 MR. SOBEL: I have a certified copy. 16 MR. PINA: Can we Board Members see 17 that? 18 MS, HERNANDEZ: Are we as Board Members 19 even supposed to be qualified to make any 20 kind of determination on this? 21 MR. PINA: We're not making a 22 determination, but an issue is raised. 23 MS. MARRERO-TREHY: The matter has been 24 reviewed by the Zoning Department and the 25 19 W. FLAGLER ST. MA TRAKTMAN FELDMAN b BISCAYNE BLDG. • SUITE 1020 LDN 2255 GLADES ROAD MIAMI, FLORIDA 33130 A VLRIT OOD BOULEVARD 2455 HOLLYWOOD BOULEVARD SUITE 324,A 1031 IVES DAIRY ROAD • SUITE 228 HOLLYWOOD, FLORIDA BOCA BATON, FLORIDA NORTH MIAMI BEACH 1 EAST BROWARD BOULEVARD • SUITE 700 301 CLEMATIS STREET . SUITE 3000 FORTLAUDERDALE n Ipffs'WEST PALM BEACH 1 today. 2 MR. SOBEL: The typo is in the first 3 paragraph of the motion, and I can explain 4 it, but without the first paragraph -- it's 5 self-explanatory actually. Something got 6 jumbled in the computer and it didn't -- 7 kind of got thrown together. 8 But I could state the way it's supposed 9 to read on the first paragraph if you'll bear 10 with me. The application for special 11 exception on its face requests the special 12 exception for affordable housing. 13 And if you look at the application, 14 it's affordable housing, not low income 15 housing, and my motion obviously is there's 16 an inconsistency between low income housing 17 and affordable housing. What's affordable? 18 Affordable is a very loose term. Low income, 19 which this particular ordinance in the 20 exception to reduce parking is an obvious 21 inconsistency with the actual application on 22 file and before you. 23 If you will look at the application, 24 you'll see it's regarding affordable housing, 25 whinb is inappropriate in this particular 18 W. FLAGLER ST BISCAYNE BLDG. • SUITE 1020 MATZ TRAKTMAN FELDMAN ri WILDNER AVERREVCOMPANY 2255 GLADES ROAD SUITE324-A MIAMI, FLORIDA 33130 2455OLYWQODD BOULEVARD HOL1031 BOCA RATON, FLORIDA NES DAIRY ROAD • SUITE 228 NORTH MIAMI BEACH 1 EAST BROWARD BOULEVARD • SUITE 700 FORT LAUDERDALE r�q� 301 CLEMATIS STREET • SUITE 3000 die Rrr. WEST PALM BEACH 1 case. I thought maybe I would come first 2 because I didn't want everybody to waste any 3 time. I feel that it would be appealable if 4 the Board decided to go ahead, even though 5 there's a terrible inconsistency in the 6 application. 7 MS. MARRERO-TREHY: Mr. Chair, I 8 believe the applicant, the counsel for the 9 applicant just clarify the record for us on 10 this issue. 11 MR. BARKET: Just give us a minute, 12 Adrienne, so the Board Members can read 13 something. 14 MS. MARRERO-TREHY: I believe her 15 statement will clarifyfor you, Mr. Chair. 16 MS. PARDO: Ifyou want, I'll clear up 17 that first one, if you want. 18 MR. BARKET: All right, Adrienne. 19 MS. PARDO: I believe its just a 20 matter of semantics. What Mr. Sobel is 21 referring to is the Section 917.6 that allows 22 for applying for the special exception states 23 low income housing. 24 In my application I have used the term, 25 n 1N W. FLABLDG. BISCAYNE BI.DG. • SURE 1020 - SST. ATZ TRAKTMAN F L MAN 8 WILDNER MWMI, FLORIDA 33130 AVERITE)(TCOMPANY 2255GLADESROAD 2455 HOLLYWOOD BOULEVARD SUITE 324-A 1031 NES DAIRY ROAD •SURE 228 1 EAST BRHOLLY BOULEVARD FL R IDA BOCA RATON, FLORIDA NORTH MIAMI BEACH SUITE 700 301 CLEMATIS STREET. SUITE 3000 FORT LAUDERDALE WEST PALM BEACH .� - - �} 6 1 low income housing, which also means low 2 income housing, and it was a matter of 3 semantics. 4 I think what's important here is that 5 in the advertisement and in the zoning 6 write-up, the advertisements that went out to 7 all property owners and also in the zoning 8 writeup on this particular application it did 9 use the term, "low income housing.,, 10 I also had that zoning write-up it included within my application when it was 12 filed, and I would stipulate on the record 13 that this project is a low income housing 14 project, and it's just, I think, a matter of 15 semantics. And these days instead of using 16 the term, "low income housing", you use the 17 term, "affordable housing.,, g• It's in a sense 18 a more polite way of referring to it, and it 19 is low income housing here, 20 And in this particular case the 21 individuals, the families that will be living 22 in this house, I mean, in this apartment unit 23 would make up less than 60 percent of Miami 24 Dade County's medium income, which is clearly 25 Al -nn 19 W. FLAGLER ST. MATZ TRAKTMAN ELDMAN 8 WILDN BISCAYNE BLDG. • SUITE 1020 AVERITEXTCOMPANY 22.55 GLADES ROAD XL- MIAMI, FLORIDA 33130 2455 HOLLYWOOD BOULEVARD SUITE 324-A 1031 NES DAIRY ROAD SUITE 228 HOLLYWOOD, FLORIDA BOCA RATON. FLORIDA S NORTH MIAO DE- 1 EAST BROWARD BOULEVARD . SUITE 700 301 CLEMATIS STREET • SUITE 3000 FORT LAUDERDALE (} WEST PALM BEACH 1 the record. 2 MR. BARKET: Mr. Sobel, I'm going to 3 rule. I tend to agree with them, it's a 4 matter of semantics. 5 It's a matter of semantics. We're 6 going to go ahead and hear this case. You 7 have rebuttal coming up after she presents g her case. 9 All right, Adrienne, present your case. 10 MS. PARDO: Hello. I'm here today on 11 behalf of the owner/applicant, which is Miami 12 River Park Associates, Limited. My name is 13 Adrienne Pardo, Law Offices at 1221 Brickell 14 Avenue. 15 With me here today is Mr. Mike Spetko, 16 who's vice president of Miami River Park 17 Associates, LTD. Also Bill Massi, who is 18 with BAM, the executive director of BAM is in 19 partnership in developing in this particular 20 project, and BAM is a CEC, and it's 21 affiliated with the Greater Bemlamune Church 22 (phonetic). 23 Also with me today is Adolfo Abysa 24 (phonetic), who's the architect on this up 25 11a W. FLAGLER T. A RA T N LLou GLADES ROAD BISCAYNE BLDG. • SUITE 1020 A VERITEXT COMPANY SUITE324-A MIAMI, FLORIDA 33130 2455 HOLLYWOOD BOULEVARD BOCA RATON, FLORIDA HOLLYWOOD, FLORIDA 1031 IVES DAIRY ROAD • SUITE 228 1 EAST BROWARD BOULEVARD • SUITE 700 301 CLEMATIS STREET . SUITE 3000 NORTH MIAMI BEACH FORT LAUDERDALE •` WEST PALM BEACH I Eichinger, who's with Transport Analysis 2 Professionals, which is a traffic engineering 3 firm. 4 The proposed project that we're 5 requesting approval for will be located on 6 Northwest 4th Street between Northwest 4th 7 and 5th Avenues. It's located within the 8 Lumis Park District. The project will be a 9 low income housing project. It will have 187 10 units and be 14 stories tall. 11 The breakup of the units would be 80 12 one -bedroom units, 80 two -bedroom units, and 13 27 three -bedroom units. It would have a 14 total of 187 units, and we would be providing 15 206 parking spaces. 16 The reason we're before you today is 17 the section that I handed out to you, Section 18 917.6 allows projects that are low income 19 housing to make an application and apply for 20 a reduction in parking of up to 50 percent 21 parking. That means in this particular case 22 the code requires 313 parking spaces. We 23 could provide only 157 and request a 50 24 percent reduction, however, in this 25 19 W. FLAGLER tT. MATZ TRAKTMAN FELDMAN 8 WILDNER 2255 GLADES ROAD BISCAYNE BLDG. • SUITE 1020 AVERREXTCOMPANY SUITE324-A MIAMI, FLORIDA 33130 245 HOLLYW ODD BOULEVARD BOCA RATON, FLORIDA HOLLYWO,IDA 1031 IVES DAIRY ROAD • SUITE 228 1 EAST BROWARD BOULEVARD • SUITE 700 301 CLEMATIS STREET • SUITE 3000 NORTH MIAMI BEACH FORT LAUDERDALE () C� �'s 'WEST PALM BEACH 05 aJ� a ': 1 way down to a 50 percent reduction, only 2 because 34 percent reduction will be 3 provided, 66 percent of the required parking. 4 That basically comes out to 1.1 parking space 5 per unit. 6 All units within this particular 7 building will be set aside for families that 8 make less than 60 percent of the Miami Dade 9 County medium income, and 20 percent will be 10 set aside for individuals that make less than 11 40 percent of Miami Dade County medium 12 income. 13 We're very excited about this 14 particular project, because we think it would 15 add a lot to this particular neighborhood, 16 and that it may help to revitalize this 17 particular neighborhood. 18 This project will be receiving a City 19 of Miami home loan and it's also been 20 recommended to receive a Dade County home 21 loan. It will also receive from the State of 22 Florida 1999 annual allocation tax credits, 23 which is extremely important to the 24 development of this particular building. 25 18 W. FLAGLER ST. MATZ TRAKTMAN LDMAN & WILDNER ROAD LADES 2255 GLADES BISCAYNE BLDG. • SUITE 1020 A VERITEXT COMPANY SUITE ,A MIAMI, FLORIDA 33130 2455 HOLLYWOOD BOULEVARD BOLA BATON, FLORIDA HOLLYWOOD, FLORIDA 1031 IVES DAIRY ROAD •SURE 228 NORTH MIAMI 1 EAST BROWARD BOULEVARD • SUITE 700 301 CLEMATIS STREET • SUITE 3000 FORT LAUDERDALE 1� WEST PALM BEACH {�y� 0 21 EJ 10 1 included here, I have enlarged the zoning 2 atlas. I've highlighted in green the 3 particular development. The property is 4 zoned R4, which is high density residence 5 development, and it's located directly on 6 Northwest 4th Street in between Northwest 5th 7 Avenue and Northwest 4th Avenue. 8 Within this area as well there are 9 on -site parking spaces as well as several bus 10 routes within the area, as well as it's 11 approximately three blocks within a Metro 12 Rail facility. 13 At the time that we were filing this 14 application, we had met with city staff, and 15 we believe that since we were requesting to 16 reduce parking, that it was necessary to hire 17 a traffic engineer to look at the parking for 18 low income housing projects and see if the 19 number of parking spaces we would be 20 providing would be sufficient. 21 Mr. Eichinger looked at the new loan 22 developments that have been recently built 23 within the last several years within the City 24 of Miami. One was the West Brickell 25 19 W. FLAGLER ST: MATZ I KAKTMAN FELDMAN & WILDNER 2255 GLADES ROAD BISCAYNE BLDG. • SUITE 1020 A VERITEXT COMPANY SUITE324-A MIAMI, FLORIDA 33130 2455OLLYODFLORIDAEARD BOCA RATON, FLORIDA 1031 IVES DAIRY ROAD • SUITE 228 1 FAST BROWARD BOULEVARD • SUITE 700 301 CLEMATIS STREET . SUITE 3000 NORTH MIAMI BEACH FORTLAUDERD 1�' (� WESTPALM BEACH 1 Avenue, which has a total of 130 units and 2 they provided 91 percent of the required 3 parking. And the other one was the Biscayne 4 View Apartments, located at 915 Northwest 1st 5 Avenue which has 463 units, and they only are 6 providing 54 percent of the required parking. 7 Within both these projects, and itis 8 also important to note that both these 9 projects have 100 percent occupancy with a 10 waiting list as well, so I think that also it goes to show you a need for low income 12 affordable housing within the City of Miami. 13 Within both these projects, Mr. 14 Eichinger looked to at Peak hours, I believe 15 it was 7 to 9 p.m, to see whether or not 16 there was sufficient parking within those 17 buildings so that You would not have overflow 18 into the neighborhood, which we believe is 19 extremely important for that particular 20 project to be able to maintain its own 21 parking, and he found that it was sufficient, 22 that even during the peak hours there were 23 certain number of spaces that were still 24 available within the building for people who 25 19 W. FLAGLER ST. K 111,1011N 8 WILDNER BISCAYNE BLDG. • SUITE 1020 Ali RITEXTCOMPANY 2255 GLADES ROAp MAMI, FLORIDA 33130 2455 HOLLYWOOD BOULEVARD SUITE 324,A 1031 NES DAIRY ROAD •SUITE 228 HOLLYWOOD, FLORIDA BOCA RATON, FLORIDA NORTH MIPMI BEACH 1 EAST BROWARD BOULEVARD . Upp'�� 700 191 C EMATIS STREET . SUITE 3000 FORT LAUDERDALE 7 1 6 � `� WEST PALM BEACH e.i' eJ i! I At this time I would like to have Mr. 2 Eichinger speak and --- actually, before I do, 3 I just want to tell you a few of the 4 amenities that will be provided for this 5 particular project. 6 We'll have a community center, a 7 playground and tot lot. There will also be 8 an exercise facility, laundry facilities, the 9 individual units will have dishwasher, 10 refrigerator, Cable TV, washer/dryer hookups, 11 disposals, range hood, and the like. 12 We're very excited and we think it 13 would be a wonderful addition. 14 I'll have Mr. Eichinger speak, and I 15 would like to reserve some time for rebuttal 16 in case different questions come up. 17 MR. BARKET: Thank you, Adrienne. Were 18 you sworn in, sir? 19 MR. EICHINGER: Yes, I was. 20 MR. BARKET: Please give us your name. 21 MR. EICHINGER: Richard Eichinger, 22 senior traffic engineer for the Transport 23 Analysis Professionals, doing business at 24 8701 Southwest 137th Avenue, Suite 210, 25 19 W. FLAGLERST. AVERITEXTCOM ANY& WILONER 2255GLADES ROAD BISCAYNE SLUG. • SUITE 1020 SUITE 324-A MIAMI, FLORIDA 33130 2455OLYWOODD BOULEVARD BOCA RATON, FLORIDA HOL1031 IVES DAIRY ROAD • SUITE 228 1 EAST BROWARD BOULEVARD • SUITE 700 301 CLEMATIS STREET . SUITE 3000 NORTH MIAMI BEACH FORT LAUDERDALE WEST PALM BEACH , y i 1 Back in October the developers had come 2 to us and asked us to tak e a look at what the 3 parking demands would be for affordable 4 housing, low income housing in the Miami area 5 and suggested that we take a look at a couple 6 of buildings that are now existing. I think 7 Adrienne can give you an address, and gave 8 you small details about that already, but 9 what we did find, Ism just giving you the 10 bottom line, the first study we did from 7 11 p.m to 9 P.M, we found that in the West 12 Brickell Apartments at the peak of that 7 to 13 9 p.m there was still 55 spaces remaining 14 that could be used for parking. 15 At the Biscayne View Apartments there 16 were 37 spaces that could still be used for 17 parking. Now that's after we added 10 18 percent of our findings, 9 considering that 19 there might be more demands in the early 20 hours of the morning. 21 With that in mind, the Planning had 22 asked us to go back and take a look at the 23 data between the 9 and 11 time period. 24 So we went back on a second study and 25 19 W. FLAGLE ST. K FE BISCAYNE BLDG. • SUITE 1020 A WIL 2255 GLAD , MIAMI. FLORIDA 33130 AVLYWOODBOULY ?.455 HOLLYWOOD BOULEVARD SUITE 324,A � 1031 NES DAIRY ROAD •SUITE 228 HOLLYWOOD, FLORIDA BOCA RATON, FLORIDA NORTH RO BEACH 1 EAST BROWARD BOULEVARD . SUITE 700 301 CLEMATIS STREET. SUITE 3000 FORTLAUDERDALE WESTPALM BEACH r rr i so,i <it 1 _ �T .�`ist'��"i` �tti9ta•.Fi,;S; r' .�r„-�,--.? si sx ._ _ _. � _. _ -.. i _ _ ... _ �� .. _' _ —�. .. „ _,_ _ �_ .. .. , ,, `:... . E ,.. 1 year. And we found that there was a little 2 bit more demand between 9 and 11 p.m. So we 3 added 5 percent to those numbers, considering 4 that it might be 2:00 in the morning, might 5 be a little bit higher, and we found that at 6 the West Brickell Apartments that there were 7 55 spaces remaining that could be used for 8 parking, and at the Biscayne View Apartments 9 there were 59 spaces. 10 Now, once we found out that it information, we plugged that into the 12 proposed P project, and found out if we used 13 the parking rate developed for the two 14 buildings that we studied, that our 15 buildings, the proposed Miami River Apartment 16 Building would have a maximum of 39 spaces 17 available that could be used for parking 18 during peak demand periods. 19 Basically that's the bottom line. I'll 20 be here if you have anymore questions. 21 MR. BARKET: Thank , Adrienne You sir. 22La ext speaker? ' 23MS. PARDO: Nobody else, unless there's 24ific question we need to address. 25 10 W. FLAT. MATZ TRAK 1 MAN FELDMAN g BISCAYNE BLDG.LDG. - SUITE 1020 WILDNER AVERfTEXTCOMPANY 2255 GS ROAD LADE MIAMI, FLORIDA 33130 2455 HOLLYWOOD BOULEVARD SUITE 324-A 1031 IVES DAIRY ROAD -SUITE 228 HOLLYWOOD, FLORIDA BOCA RATON, FLORIDA NORTH MIAMI BEACH 1 EAST BROWARD BOULEVARD • SUITE 700 301 CLEMATIS STREET. SUITE 3000 FORTLAUDERDALE �- STPALM BEACH +J t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Presentation. Now give us your objections. MR. SOBEL: All right. I'll begin by stating that I'm a 35-year resident in this neighborhood, and I've owned this building that long, and I do believe from my experience with the parking on the street parking, the curb site parking is pretty close to saturation at this point in time. So I don't think that the studies necessarily, using the apartments up in the, I guess, the arena area, it really applies because real estate is very unique and this is a unique area compared to that area. There's a lot of people who are living in structures that have been there for many years before there was a requirement for off-street parking. So consequently, most of the parking on the street is used up at night on 3rd Street where my property is, I'm Lot 23, and around the corner on 4th street. So I believe that this project could go forward with a utilization of the parking as designed without the exception, and if they were required to put 313 parking spaces in 19 W. FLAGLER ST MATZ RA AN L MA • 6 WILD 2255 81SCAYBLDG. SUITE GLADES ROAD NE E 1020 AVERITfXTCOMPANV mwnh rwrtlUM saiJu 2455 HOLLYWOOD BOULEVARD . � G "74% HOLLYWOOD, FLORIDA BOCA BATON, FLORIDA 1031 WE S DAIRY ROAD • SUITE 228 1 EAST BROWARBOULEVARD • SUITE 700 301 CLEMATIS STREET. SUITE 30M NORTH MIAMI BEACH FORT LAUDERDALED V r _ v� WEST PALM BEACH I difficult for them. They haven't broke 2 ground, and they would then have a separate 3 parking garage and a separate apartment 4 building connected and they could add levels 5 to their parking garage so that they would be 6 able to conform with the R4. 7 I feel very strongly that the 8 application here is contrary to the 9 exception. I gave you a copy of the 10 certified copy of the exception, and it must 11 be low income housing, and by no stretch of 12 the imagination can low income housing be the 13 same as affordable housing. I don't care how 14 many lawyers come and try to tell you that, 15 it's not true. Because you and I know that 16 this.particular project I think the rents go 17 up to 6, $700 a month for three -bedroom 18 apartments, so I don't know, but they ought 19 to tell you exactly what they're going to 20 charge for these apartments and then you 21 decide whether it's low income housing. 22 For them just to say it's low income 23 housing without giving some proof of that, 24 you would be remised in not considering it. 25 18 W. FLAGLER ST. ZMifi L N M LO 225 GLADES ROAD BISCAYNE BLDG. • SUITE 1020 A VERITEXT COMPANY SUITE324-A MIAMI, FLORIDA 33130 2455 LLLYW OD BOULEVARD BOCA RATON, FLORIDA 1031 NES DAIRY ROAD • SUITE 228 1 EAST BROWARD BOULEVARD • SUITE 700 301 CLEMATIS STREET . SUITE 3000 NORTH MIAMI BEACH FORT LAUDERDALE In �. WEST PALM BEACH I that, because their application does say 2 affordable housing, and the traffic 3 engineer's report is about affordable housing 4 and everything they filed is about affordable 5 housing and this particular 917.6 has nothing 6 to do with affordable housing, it's low 7 income housing, and I think you ought to pay 8 good attention to that. 9 MR, BARKET: Peter, let me say this to 10 you, if I may. This Board as long as we've 11 been together have one thing in common and we 12 do look at the parking situation. We know 13 this area very well, because a couple of 14 months ago right on the corner of Northwest 15 5th Street and 4th Avenue there was a 16 gentleman that came here, he owns the grocery 17 store upstairs, it's a hotel, I forgot the 18 name of the business, Mr. Moon, and he came 19 over objecting because the Camilis House, or 20 their medical facilities or whatever were 21 going to build like affordable or low income 22 housing there, but just like for temporary 23 people, two or three months or four months. 24 And Mr. Moon came here objecting i 25 19 W. FLAGLER ST. fi-Ai IE N IL 2255 ttl R A BISCAYNE BLDG. • SUITE 1020 AVERITEXTCOMPANY SUITE324-A MIAMI, FLORIDA 33130 245 HO LLYW OD BOULEVARD BOCA RATON, FLORIDA HOLFLORIDA 1031 IVES DAIRY ROAD • SUITE 228 1 EAST BROWARD BOULEVARD • SUITE 700 301 CLEMATIS STREET . SUITE 3000 NORTH MIAMI BEACH FORT LAUDERDALE f Q , z WEST PALM BEACH I of months ago we had on Northwest 27th in the 2 Street, or something like that, right 3 Buena Vista area a company there that needed 4 more parking spaces. We're trying to keep 5 cars off the street. We do want them in a 6 closed area, we do want parking garages, but 7 I want you to know, Peter, we just look at 8 everything, what's better for the 9 municipality, what's better for the people. 10 Now, the way of 106 parking spaces, 11 we've heard many of them, like she says, with 12 these low income, affordable homes, then 13 maybe have the apartment -- the elderly don't 14 usually have a car, they use the Metro Rail, 15 they use the bus or whatever it may be. 16 MR. SOBEL: Well, their rent schedule, 17 from what I've been able to ascertain isn't 18 much higher than the existing housing on my 19 block. 20 MR. BARKET: We're playing with 21 semantics there, so... 22 MR. SOBEL: Well, I feel this way, 23 look, I looked over the situation. If they 24 complied with the 313 parking spaces, I have 25 no Qbiection to_this nroiect._-but T know thin 19 W. FLAGLER ST. MATZ TRAKTMAN FELDMAN & WILDNER 2255 GLADES ROAD BISCAYNE BLDG. • SUITE 1020 AVERTTEXTCOMPANY SUITE324,A MIAMI, FLORIDA 33130 2455 HOLLLYWO D BOULEFLORIVARD BOCA RATON, FLORIDA 1031 A/ES DAIRY ROAD • SUITE 228 1 EAST BROWARD BOULEVARD • SUITE 700 301 CLEMATIS STREET • SUITE 3000 NORTH MIAMI BEACH FORT LAUDERDALF0 , WESTFALM BEACH 1 area and it's already, the parking on the 2 street is full every night as a result of 3 people who live in the buildings on 3rd 4 Street. And I'm 375 feet from this project, 5 and it's going to just line up and I won't 6 even be able to go into my building. 7 If they put this project up and short 8 200 and some odd spaces in their parking 9 garage and I feel that it's going to 10 depreciate the value of my property, because 11 I'm also zoned R4. 12 MR. BARKET: I want to ask Adrienne one 13 thing. 14 Adrienne, is there any way that your 15 clients can purchase any adjacent property to 16 put another parking space, you know, parking 17 area? 18 MS. PARDO: No, that they've maxed it 19 out in the way they've evaluated. Also, this 20 project, as far as it being a low income 21 project and to be able to provide these 22 particular units to individuals, the cost for 23 parking spaces was approximately $7,000 per 1p 24 space. An additional 106 spaces is 25 annroximately about an additional S750,000. 18 W. FLAGLER ST. nw L i mAn i mmv reLUmAn a. vnLUMCn uaa ULRUtb nUAU BISCAYNE BLDG. • SUITE 1020 AVERITEXT COMPANY SUITE324-A MIAMI, FLORIDA 33130 2455HOOl.LLLYW OD 13 O LEVARD BOCA RATON, FLORIDA IDA 1031 IVES DAIRY ROAD • SUITE 228 1 EAST BROWARD BOULEVARD • SUITE 700 301 CLEMATIS STREET • SUITE 30M NORTH MIAMI BEACH FORT LAUDERDALE WEST PALM BEACH �. 47 . e �, U :i 1 So what happens here is you take it 2 away from being a low income affordable 3 housing type of residential development. 4 My client has looked at it and that's 5 also why they hired the traffic engineer, 6 because they weren't going to come before you 7 and only provide you with the minimum that 8 the zoning ordinance would allow them to 9 apply for, lowering it to 50 percent. 10 Because they also want to provide sufficient 11 parking for the residents of their building, 12 and they've determined by looking at other 13 new affordable housing residential units 14 within the City of Miami that this is 15 sufficient parking, and basically what 16 they're providing is 1.1 parking space per 17 unit in this particular area, which they have 18 found to be more than sufficient. 19 And if I could just add one other 20 point, which I think is very important, the 21 section that I had handed out to you, 917.61 22 the reason C is highlighted is Section C 23 says, I had highlighted it earlier, it says 24 that the Zoning Board as part of its special 25 18 W. FLAGLER ST. MATZ TRAKTMAK FELDMAN& WILDNER 2255 GLADES ROAD BISCAYNE BLDG. • SUITE 1020 A VERITEXT COMPANY SUITE324-A MIAMI, FLORIDA 33130 2455 HOLLYWOOD BOULEVARD BOCA RATON, FLORIDA HOLLYWOOD, FLORIDA 1031 NES DAIRY ROAD •SURE 228 NORTH MIAMI BEACH 1 EAST BROWARD BOULEVARD • SU E 700 301 CLEMATIS STREET . SUITE 3000 FORTLAUDERDALE�jl �i`. (; PALM BEACH �WEST 1 problem, the Planning Department can bring 2 the particular project back before you and 3 require the developer to put in the required 4 number of parking spaces, and in this 5 particular case, the Parking garage which is 6 going to be, it's a two and a half parking 7 garage, it will be structurally built so that 8 if it was necessary to add additional parking 9 spaces because it was a problem, they would 10 have to do that, and I think the City thought 11 ahead when they put that requirement within 12 this particular provision. You know, we 13 understand it and we would honor it, and 14 therefore, I think it's available for you 15 that if there's a problem later on that the 16 City can be instructed, the Planning 17 Department can be instructed to bring it back 18 and have a public hearing. 19 MR. BARKET: Thank you, Adrienne. Mr. 20 Pina? 21 MR. PINA: Mr. Chairman, the issue 22 whether it's affordable housing or low income 23 housing I think has no bearing on this 24 situation. And the reason being is the 25 follnwina! PP 19 W. FLAGLER ST. MATZ TRAK AN FELDMAN & WI NER 2255 GLADES ROAD BISCAYNE BLDG. • SUITE 1020 AViERITEXTCOMPANY SUITE324A MIAMI. FLORIDA 33130 2455 HOLLYWOOD BOULEVARD BOCA RATON, FLORIDA HOLLYWOOD, FLORIDA 1031 NES DAIRY ROAD SUITE 228 NORTH MIAMI BEACH 1 EAST BROWARD BOULEVARD •SUITE 700 301 CLEMATIS STREET . SUITE 3000 FORT LAUDERDALE 9 �" , 6 WEST PALM BEACH 1 whether they're high end or low end, the cars 2 there. With to the are still out regards 3 statement, you know, whether the problem is 4 corrected down the road, there's no reason to 5 encounter a problem, it can be corrected now. 6 That's what happened to the arena. They're 7 building a new arena. In this case it's not 8 tax payer's money, but we're here to resolve 9 the issues. 10 I made a very small calculation. The 11 one bedrooms, one parking lot, 80. Two 12 bedroom, two parking lots, three bedrooms I 13 still left it at two parking lots, and I 14 still left it at 17 visitor parking spaces, 15 it gives me a number of 221, I think you 16 requested 106. It's extremely, extremely 17 aggressive, and there seems to be room here 18 somewhere, but I think 106 is just, as 19 requested, is just too aggressive for the 20 reduction. 21 MR. RUIZ: In regards to what you said, 22 Adrienne, is the tot lot area part of that 23 area for whatever reason you see or the city 24 sees that extra parking is needed would be 25 _____ the one sacri_fi nAd fnr +-},a+- arch +,r 1,.— .., z 19 W. FLAGLER ST. MATZ TRAKTMAN FELDMAN & WILDNER 2255 GLADES ROAD BISCAYNE BLDG. • SUITE 1020 AVERMEXT COMPANY SUITE324-A MIAMI, FLORIDA 33130 2455 HOLLYWOOD BOULEVARD BOCA RATON, FLORIDA HOLLYWOOD, FLORIDA 1031 IVES DAIRY ROAD • SUITE 228 1 EAST BROWARD BOULEVARD . SUITE 700 301 CLEMATIS STREET , SUITE 3000 NORTH MIAMI BEACH FORT LAUDERDALE () +a EST PALM BEACH 1 that work? 40 2 MS. PARDO: No, it would beon top of 3 the parking garage structure. 4 MR. RUIZ: Because the parking garage 5 structure would be a separate entity of the 6 apartment building itself? 7 MS. PARDO: Yes. You have the parking 8 garage structure here and then you have the 9 unit here. 10 MR. RUIZ: So if by any chance that 11 shows to be not suitable, as said in this 12 section, in that area is where you would 13 devote the extra parking? 14 MS. PARDO: Exactly, that's correct. 15 MS. HERNANDEZ: Adrienne, what is there 16 now? 17 MS. PARDO: Actually, part of it is 18 vacant approximately 40 apartments. And my 19 client was telling me that they park on the 20 street now. 21 MS. HERNANDEZ: And how old are those 22 apartments? 23 MS. PARDO: Very old, I mean, the 24 residents, some of the -- 25 19 W. FLAGLER ST. MATZ TRAKTMAN FELDMAN & WILDNER BISCAYNE BLDG. • SUITE 1020 AVERfTE)(TcoMPA 11 2255 GLADES AD MIAMI, FLORIDA 33130 2455 HOLLYWOOD BOULEVARD SUITE 324-A 1031 NES DAIRY ROAD •SUITE 228 HOLLYWOOD, FLORIDA BOCA RATON, FLORIDA NORTH MIAMI BEACH 1 EAST BROFORT IAUDERD�q E • SUITE 700 301 CLEMATIS STREET. SUITE 3000 fi _ ICO IWEST PALM BEACH 1 2 assumption is this building can only enhance that area and bring some redevelopment into 3 the area and to the City. I don't think that 4 the semantics -- I feel very confident that 5 if this item is here before us, all the 6 departments that had to review it did review 7 it, so I'm ready to make a motion. 8 MR. PEREZ: May I respond? 9 MR. BARKET: Go ahead. 10 MR. PEREZ: There is a parking problem 11 all over Miami, but there's a larger problem 12 in the City, and we really need to look at 13 this real hard and see what this Board wants 14 to do, whether we want to help the law income 15 family situation that we have in downtown or 16 do we want to, you know, have a building that 17 meets all the regulations without that. The 15 code actually let's you do low income family 19 projects with 50 percent reduction in 20 parking, and if the Code allows it, then I 21 think the City should look at this regulation 22 and maybe change it to make it less instead 23 of 50 percent, maybe 35 or 30 percent, and 24 make the Planning Department answer this. 25 19 W. - SUITE MAR TRAKTMAN FELDMAN & WILD ER 2255 GLADES ROAD BISCAYNE BLDG.LDG. SUITE 1020 AVERITEXT COMPANY SUITE324 A MIAMI, FLORIDA 33130 2455 HOLLYWOOD BOULEVARD BOCA RATON, FLORIDA HOLLYWOOD, FLORIDA 1031 IVES DAIRY ROAD •SURE 228 NORTH MiAMI BEACH 1 EAST BROWARD BOULEVARD • SUITE 700 301 CLEMATIS STREET • SUITE 3000 FORT LAUDERDALE �! L'WESTPALMBEACH 1 make a statement towards that.. When that 2 code was written it , was many years ago, many 3 people were not driving cars like they're 4 driving cars today, so it's an old code 5 that's on the book. How old is it? I don't 6 know. 7 MR. BARKET: Yes, sir? 8 MR. LAVERMA: I want to have the 9 opportunity to put our recommendation on the 10 record, because we haven't in this case 11 MR. BARKET: I thought g you did. 12 MR. LAVERMA: No, sir. 13 MR. BARKET: I'm sorry. Go ahead. 14 MR. LAVERMA: We are studying results 15 of parking spaces immediately adjacent, the 16 Planning Department is actually studying to 17 decrease the 50 percent reductions of the 18 required parking for low income families 19 allowed in 11,000 ordinance. 20 MR. PEREZ: Decreased to what? 21 MR. LAVERMA: We are studying so we 22 don't have the numbers yet. The requested 23 reduction of parkin of g 34.2 percent of this 24 type of parking as a result of the parking 25 BISCAYNE BLDG. - SUITE 1020 M TI'll TMAN FELD AN & WILDNER MIAMI, FLORIDA 33130 AVERITE)(TCOMPANY 2255 GLADES ROAD 2455 HOLLYWODD BOULEVARD SUITE 324-A 1031 WES DAIRY ROAD ^ SUITE 228 HOLLYWOOD, FLORIDBOCA RATON, FLORIDA NORTH MIAMI BEACH 1 EAST BROWARD BOULEVARD . SUITE 700 301 CLEMATIS STREET. SUITE 3000 FORT LAUDERDALE � ,-6 WESTFALMBEACH Cv 6 6 1 denial. 2 MR. RUIZ: I know that you are ready to 3 make a motion, Ms. Hernandez, but I would 4 like her to think of the issue of this added 5 parking. I don't see a time allotted, who 6 will visit it, who will see it, I don't think 7 it will hurt that we go look at it, or that 8 we give it a time period like maybe 12 9 months, 6 months, 24 months, when they have 10 like 75 percent capacity, .50 percent 11 capacity. 12 Is there an added time limit that we 13 can say, this is the time to look at it and 14 review it? Because if we're able to do that 15 and catch it at that time where they're not 16 completely 100 percent full, but maybe when 17 they're going to 50 over 75, that we're 18 already seeing a problem, then it wouldn't be 19 a major problem after they're 100 percent 20 full. 21 So if it's appropriate, that we could 22 put a time schedule on when this is observed 23 for parking capacity, then that would 24 probably alleviate not only what would happen 25 Ll- 19 W. FLAGLER ST. MATZ TRAK N FELDMAN 8 WILDN BISCAYNE RI L• SUITE 1020 AVERITEXT COMPANLa-bLlY 2255 GLADES ROAD MIAMI, FLORIDAF33130 2455 HOLLYWOOD BOULEVARD SUITE 324-A 1031 NES DAIRY ROAD •SUITE 228 HOLLYWOOD, FLORIDA BOLA RATON, FLORIDA NORTH MIAMI BEACH 1 EAST BRORD BOULEVARD FO. UITE 700 301 CLEMATIS STREET . FORT LAUDERDALE SUITE 3000 0 4' w �.y D WEST PALA1 BEACI �� 6 1 2 the concerns of the owners that know when they're going to come in and say, hey, You 3 don't have enough parking. 4 MR. BARKET: Mr. Ruiz, I'll answer 5 that. Sitting on this Board for 13 year. s and 6 six months, we've passed many, many items, 7 and we say we want to hear from You people 8 back within 12 months, for your information, 9 sir, in 13 years and six months I think we 10 only had one come back. it MR. RUIZ: So 12 months? 12 MR. BARKET: I would like Code 13 Enforcement and that office to go back and 14 check on some of these things that we've 15 passed and say to do, and I'll guaranty you 16 90 percent of them have been done, they 17 haven't come back. 18 MR. RUIZ: But don't you think it would 19 be logical to look at it and based on 20 capacity instead of time? 21 MS. HERNANDEZ: Maybe they haven't come 22 back because nothing has happened. Because I 23 know that people, if there's something to 24 complain about, they complain. I think we 25 18 W. FLAGLER ST. MATZ TRAKTMAN FELDMAN 8. YdILDNER BISCAYNE BLDG. • SUITE 1020 AVERITEX7COMPANY 2255 GLADES ROAD MIAMI, FLORIDA 33130 2455 HOLLYWOOD BOULEVARD SUITE 324-A 1031 NES DAIRY ROAD •SUITE 228 HOLLYWOOD, FLORIDA SUITE RATON, FLORIDA NORTH MIAMI BEACH 1 EAST BROFORD BOULEVARD •SUITE 700 301 CLEMATIS STREET. SUITE 3000 FORT LAUDERDALE — -- _- � �WESTPALM BEACH y I MR. RUIZ: I think capacity would make 2 more sense, 3 MR. BARKET: I'm closing it to the 4 public, opening for motions on the 5 discussions we've had. 6 MS. HERNANDEZ: I'm ready to make a 7 motion. 8 MR. BARKET: Go ahead, Ileana. 9 MS. HERNANDEZ: I move on the request 10 Item 3 for a 12-month building permit must be 11 obtained required 1305R satisfied in the 12 record of public hearing as well 13 as demonstrated by the Petition. 14 Aside from that, I know that the main 15 concern is that there be too many cars on the 16 street. I think if it's People that 17 can hardly afford housing, they can't afford two 18 or three cars. I would rather have the 19 cars on the street than kids or people that 20 cannot afford housing living on the street. 21 MR. LAVERMA; Then I would ask for 22 a condition. That condition being that this 23 project is subject to compliance with 24 36C of our Dart 800, and Section 106 Regulation 25 for LT I 18 W. FLAGLER ST. A KTMAN FELDMAN 8 WILDNER BISCAYNE BLDG. • SUITE 1020 III FLORIDA 33130 AVCOMPANY' 2255 G DES ROAD 2455 HOLLYWOODLYWOOBOULEVARD SUITE 324-A 1031 NES DAIRY ROAD •SUITE 228 1 EAST BRHOLLY BOULEVARD WOODA , FLORIDBOCA RATON, FLORIDA NORTH MWMI BEACH SUITE 700 301 CLEMATIS STREET. SUITE 3000 FORTLAUDERDALE WEST PALM BEACH t 1 of being in that process. So we want this 2 Board to approve that. 3 MS. HERNANDEZ: Then I amend my motion 4 to include what you just said. 5 MR. BARKET: Repeat what he just said? 6 MS. PARDO: 36C of Part 8o0, Section 7 106 Regulation for the Protection of Historic 8 properties. 9 MR. PEREZ: Mr. Chairman? 10 MS. PARDO: And subject plans to be it approved by --, 12 MR. PEREZ: One addition, if possible, 4 13 and that is that we would limit this project 14 to only low income families. 15 MR. PIMA: The financing is there, t' c, 16 those are the conditions of financing. 'FY4 17 ' MS. PARDO: That's in the item already, 18 that's in the item, that's fine, that's low 19 income housing. n 20 THE CLERK: Ms. Hernandez made a , 21 motion. Do we have a second? 22 Mr. Perez? 23 MR. PEREZ: Yes. Ask 24 THE CLERK: Mr. Flowers? 25 19 W. FLAGLER ST. MATZ TRAKTMAN FELDMAN & WILDNER ROAD 2255 GLADES ES BISCAYNE BLDG. • SUITE 1020 A VERITEXT COMPANY SUITE A MIAMI, FLORIDA 33130 2455 HOLLYWOOD BOULEVARD BOCA BATON, FLORIDA HOLLYWOOD, FLORIDA 1031 IVES DAIRY ROAD • SUITE 228 1 EAST BROWARD BOULEVARD • SUITE 700 301 CLEMATIS STREET . SUITE 3000 NORTH MIAI AI BEACH FORT LAUDERDALE ' �, WEST PALM BEACH ' ` J 1 2 THE CLERK: Mr. Pellon? MR. PELLON: Yes. 3 MR. BARKET: Mr. Pina? 4 MR. PINA: I just want to make a basic 5 comment, you know, we get these applications 6 for an aggressive reduction in parking 7 spaces, they have to ask for 106, it would be 8 irresponsible in my part to vote yes. So my 9 vote is no. 10 THE CLERK: Mr. Ruiz? 11 MR. RUIZ: You know, I like the 12 project, I think the project has a lot of 13 merit. My only problem here is that I think 14 it's more with the way we do business every 15 day, you know, like Mr. Barket was saying, we 16 have been doing this 13 something years, why 17 can't we have a date, make a change, and I 18 think that this could have been a right 19 opportunity to do that, to start establishing 20 this type of upper view that we look at a 21 project like this that has this type of 22 concern and say, well, okay, 50 percent down 23 the line when you're about 50 percent 24 complete or 60 percent complete, when we see 25 Lt r , 19 W. FLAGLER T. MATx TRAKTMAN FELDMAN 8 LDNER BISCAYNE BLDG. • SUITE 1020 AVERrrEXTCOMPANY 2255 GLADES ROAD MIAMI, FLORIDA 33130 2455 HOLLYWOOD BOULEVARD SUITE 324-A 1031 IVES DAIRY ROAD • SUITE 228 HOLLYWOOD, FLORIDA BOCA RATON, FLORIDA EAST NORTH MIAMI BEACH 1 BROWARD BOULEVARD • SU 700 301 CLEMATIS STREET. SUITE 3000 FORT LAUDERDALE fa _ d j A (�ESTPALMBEACH N i 1 realistically is going to need a lot of 2 parking. If you're filling it up now, then 3 definitely you're filling it up then, but 4 there's nothing, like the Board Chairman 5 said, 90 percent or less, you know, never 6 come here to ask for anything, it's like, no, 7 they never met it. Again, that's a concern 8 to me. 9 And because of that, you know, I know 10 I'm probably going to be outvoted, but I'm it going to say no. 12 THE CLERK: Mr. William? 13 MR. WILLIAM: Yes. 14 THE CLERK: And Mr. Barket? 15 MR. BARKET: No. 16 THE CLERK: Motion passes five to 17 three. This decision is final unless 18 appealed in the office of hearing boards 19 within 15 days. 20 MR. BARKET: Peter, you understand you 21 can appeal this? 22 MR. SOBEL: Isn't it usually 30 days? 23 MR. SOBEL: No, it is not, it is 15. Adak ap 24 MR. BARKET: 15 days. 25 1 19 W. FLAGLER ST. MATZ TRAKTMAN F AN l WILDNER 2255 GLADES ROAD BISCAYNE BLDG. • SUITE 1020 AVERITEXTCOMPANY SUITE324-A MIAMI, FLORIDA 33130 2455 HOLLYWOOD BOULEVARD BOCA RATON, FLORIDA HOLLYWOOD, FLORIDA 1031 IVES DAIRY ROAD • SUITE 228 1 EAST BROWARD BOULEVARD • Urm 700 301 CLEMATIS STREET . SUITE 3000 NORTH MIAMI BEACH FORT LAUDERDALE � j� r WEST PALM BEACH e v S.� • 1 2 3 4 5 6 7 S 9 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ,,, RM MR. BARKET: You appeal it to the City Commission. MR. BARKET: Just go over there and she'll tell you what you have to do. (Thereupon, the hearing was concluded at approximately 9:00 p.m.) 19 W. FLAGLER ST. MATZ TRAKTMAN FELDMAN & WILDNER 2255 GLADES ROAD canine .nnn A VERITEXT COMPANY SUITE324-A MIAMI, FLORIDA —33130 2465OLYWODD BOCA RATON, FLORIDAHOLLBOULEVARD 1031 NES DAIRY ROAD • SUITE 228 1 EAST BROWARD BOULEVARD • SUITE 700 301 CLEMATIS STREET • SUITE 3000 NORTH MIAMi BEACH FORT LAUDERDALE tJ ( , �(YIEST PALM BEACH :l e) G 6 h E 11 CERTIFICATE STATE OF FLORIDA ) SS: COUNTY OF DADE ) I, MARIANA C. CONVERY, do hereby certify that the foregoing pages 1 to and including 41, is a true and correct transcription of my stenographic notes of the proceedings had before the .MIAMI ZONING BOARD, at the Miami City Hall, 3500 Pan American Drive, Dinner Key, City of Miami, State of Florida, on the 15th day of November, 1999. IN WITNESS WHEREOF I have hereunto affixed my hand this 9th day of December, 1999. MARIANA C. CONVERY, Short Reporter and Notary PubliState =N060C"7M." of Florida at Large. 19 W. FLAGLER ST. MATZ TRAKTMAN FELDMAN $ WILDNER 2255 GLADES ROAD WbUATNt t$LUU. • SUllt IWO Hymn euu wmmmT SUITE 324-A MWAi, FLORIDA 33130 245 HOLLYW OD BOULFLORIEVARD BOCA RATON, FLORIDA HOLLYW1031 NES DAIRY ROAD • SURE 228 1 EAST BROWARD BOULEVARD • SUITE 700 301 CLEMATIS STREET . SUITE 3000 NORTH MIAMI BEACH FORT LAUDERDALE WEST PALM BEACH t/ e_�