HomeMy WebLinkAboutSubmittal-Barry SharpM
PROPERTY TAX APPEAL GROUP, LLC
1060 E. 33rd Street, Suite `B"
Hialeah, FL 33013
Phone: (305) 693-3500
August 6, 2009
Fax: (305) 693.3497
Observations regarding proposed "Miami 21" Zoning
ARTICLE 3. GENERAL TO ZONES
3.31 Lots assembled into one ownership within one Transect Zone, may be developed as a sinele lot.
Lot assembly shall require a Unity of Title, acceptable to the City Attorney.
Dollar assessment per square foot is often the same for all lots within the same block. There does not
appear to be any tax incentive (through scaled assessments) to encourage one to create unity of title
and develop multiple lots as a "single lot"
3.35 Where the property to be developed abuts an existing Building, a Waiver may be granted so that
the proposed Building matches the dominant Setback of the block an its Context
Why this will create a problem for the City:
If I own six (6) adjoining lots on a block, with a Zero lot line, I can sell two (2) vacant lots and
keep the other four (4) lots.
Then, based on the new proposed zoning ordinance, I can sell those two (2) lots to a "separate
corporation" (also owned by me). Because the other four (4) lots still have the same zero lot line, the
two (2) lots I just sold, will also have a zero lot line, and so on... This appears to be a "loop -hole, as the
"dominant setback" will be a zero lot line.
City should instead, encourage unity of title, to prevent partitioning
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3.9 SPECIAL AREA PLANS
The purpose of a Special Area Plan is to allow parcels greater than nine (9) Abutting acres in size to be
master planned so as to allow greater integration of public improvements and Infrastructure.
This is a "pie in the sky"- 9 acres (more than one Block).
County should use a "base price" assessment for "one" lot. The more contiguous lots one owns, they
should receive a staggered percentage reduction on a dollar per sq. ft. of assessment.
There would then be a strong incentive for one to "combine" lots, ultimately having a developer build a
mega -structure, creating a higher "building" taxable assessment.
3.13 SUSTAINABILITY
3.13.1 General
(b) all new buildings of more than 50,000 square feet in the T5, T6, CI and CS zones shall be at a
minimum certified as Silver by the United States Green Building Council (USGBC) Leadership in Energy
and Environmental Design MEED) standards. At the time of permit application, the owner shall post a
performance bond in a form acceptable to the City of Miami. The City will draw on those funds If
certification has not been achieved and accepted by the City within one year of the City issuance of
the Certificate of Occupancy.
It is possible Certificate of Occupancy can be issued, with certain items installed by others not
having the LEED proper designation, in spite of the architect's specifications.. The bond must not be
retroactive, after one year after issuance of C.O. This would be a major concern for a developer.
3.14 PUBLIC BENEFITS PROGRAM
The intent is to allow bonus Building Heights and FLR in T6 Zones in exchange for developer's
contribution to specific programs that provide benefits to the public.
The "exchange" should create a "monetary value" for the unused bonus capacity. The "unused
development rights" would increase the "potential" buildable square footage at a different lot.
Submitted into the public
record in connection -with
item SP.1, SP.2 & SP.3
on 08-06-09
Priscilla A. Thompson
3.14.1 Bonus Heights
Should have an economic value. Decrease assessment of Grantor and increase assessment of Grantee.
3.14.2 Upon providing a binding commitment for the specified public benefits. The only square
footage allowed above the maximum Height is that achieved through the bonus program.
Should have a monetary value
5.6.1 Building Disposition (TO
Where the property to be developed abuts an existing Building, a Waiver may be granted so as to
match the dominant setback of the block and its context
Without unity of title, this could create a "loop -hole".
7.1.2.2 b. Where the Planning Director finds, in making the determination, that the particular Use or
class of Use are likely to be common or recurrent, and that omission of specific reference in the Miami
21 Code is likely to lead to public uncertainty and confusion, the Director shall initiate a proposed
amendment to
Reason why it has been brought up
7.1.2.8 Amendment to Miami 21 Code
c. No rezoning of land shall be considered which involves less than 200 feet of street Frontage on one
1 street.
Miami should encourage unity of title, so that 200 feet street frontages will exist.
Submitted into the public
record in connection with
item SPA, SP.2 & SP.3
on 08-06-09
Priscilla -A. Thompson