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Home My WebLink AboutSubmittal-Truly Burtonr� r � • BUILDING WITH PRIDE WwW.basfonline.org EXECUTIVE COMMITTEE Asbley R—h, Esq. - Preridrrd Blok Development Group, LLC Carlos E Gonzalez, Jr. - Fun Nm President SunTrust Bsnlc Marla... E. Perez - Semnd r- President Crty National Bank of Florida Ferna.do Marti.¢-Pr.ddd El— Canoe Homes Alberto Milo - S—d.ry�Trrarurcr The Urban Dcvwclopmeat Group, LLC Ray Candb-m- Acrin..t Seereary Amhentic Construction, LLC Rey Md -di -1—flare Pan Preridnt Larmar Homes, Inc.. Robert Duffy-immedare Fire Nee Preddent Rocmcr Insurance, bre. Toa[ Psee16-Hinkley - Eze tai- Nee Pr.,Idn t Builders Associ ahm of South Florida Oscar Barbara -N id-d.1Build-Appoint- Qaa.bim Richard Harm--Prcrtd-dal B.1W,Appoi.t- The Greco Companies Lob Q-ldonaa-Pe-fd_1WAs ddme Appointee Bc.Truat Financial Orlando Diez -Pre d Tial Arsadate Appointee Reil Estate. Diaz Lmestmcnl Group, Inc. Len.y Killer - Life E-reanve Ca ar-N—ber P.sadem Homes. Inc. Miriam Alvara - EUOjfdo Banded Builders Risk Management J.C. C.i1eiro - Ez-0fda Cemex La.i Kb. Drody - Eo-Offcla Lowell Homes, Inc. Job. M,Qucsto.-Es-Ofjdo sew, true Luis Rub"- Ez-Of/lclo LPR Builders Jullaa Darid Go—[. - Ec-O�d. C P.S. Hudd Else-acher - Fi-Ofda Can Mideadal, LLC BOARD OF DIRECTORS Fred Abbo Prime Homebuilders H.go Alvarez Alvarez, Aimar.n & Barbara, LLP Toay Barrien Matri, Employee Leasing, ane. Ernie Bascu.s The sh—mi.-Williams Co. Rube. Bertra. Vitran Homes, Carp. Noah Brn.kno-e BTI De el.pers Layla Caballero The Miami Herald A]e.andcr Cnsteftmxi Ad,%—Copiml Se rices Carlin Candlsam C Sq -,d Corvsuuction, I. - Ed. in Carrky. E&I7=1.pmenr, Inc. JaD Daley AvatarCommani ies/Bmolown Fels Frank De V. an MI-i.wa% WIN. Delgado The Builder's Consultant Group Mg..] Diaz De Is Por dila Bcckcr& Poliakwy, P.A. Sbabi. Eicasam CD Gsoup LLC & Grenu mne Dn clopmcm, Im. Barb." Ferrer Akemtan ScmcrD. Alu Gahsz Cogent Consulting Ealpmcering Consuuction, LLC L.b C."t. Adoael Coravcte Fer.a.d. X Gomer BankUNted, FSB Rickard Gomes TGSV Enterprises Jose Gonzalez Flagler Dcvdapmcm Gmup Carofma Berrie L.cnnar Homes Eduardo Baratta Firs Bank Florida DI... Ibard. Standard Pacific Homes Octavio Jaeabo The Home Depot Job. G. Kisid.la Kisldnis Communications, Ine. Ala Laura Atlantic & Pacific Devdopmot Cesar Lla.o Century Homebuilders Cad. Lopez Dewalt Poser Tools Patricia M. Lubin. Regions Bank Tom C Murphy Coastal Construction Group sta.ley B. Price, Esq. 311AM Sumberg, B•acm, Prim & Axelrod LLP O—r Rodriguez The Related Group Cynthia Rua, Esq. LPR Builders John storm Cmocaa Commu ucations Jim WM, W,,10 Associates Capstone Sponsors Keystone Sponsors �aservicios para ✓ cast i Contratlstas- Cdr &d�Ff$I _"WAM' o r,...., ..� REGIONS October 21, 2009 SUBMI 1 INTO THE FOR Honorable Chair and Members PUBLIC RECORD City of Miami Commission 3500 Pan American Drive Miami, FL 33133 1, T'E M N i �'"It))t Dear Mr. Chairman and Members: I am writing on behalf of the Builders Association of South Florida's (BASF) Legislative Committee regarding the above -referenced item. It comes before you for second reading consideration on Thursday, October 22, 2009. As Miami 21 has been moving through the public hearing process, our members have had to face increasingly negative consequences of this most serious economic downturn. Part of BASF's goal for our members is to help them retain whatever value remains in their project plans and related approvals. Given the great time, effort and hard work they have invested in obtaining permits and approvals, some judicious time -extensions would help retain remaining value in any project. Also, it would help create new jobs sooner in the City, than if a project had to be submitted and approved de novo. Thus, providing for small but important time extensions for certain permits would be significant to them, most especially at this difficult economic time. BASF respectfully proposes that the attached modification be made to Miami 21. The proposed changes would provide for the following: a) time -extensions for certain permits; and b) time - extensions following a public hearing: ■ An additional two extensions for a period not to exceed 12 months each for Class 2 permits, Special Exceptions and Variances (for up to an additional two (2) years). ■ Also, any of the three above -referenced permits could be extended beyond the time- frames above, including MUSPs, after public hearing at the proposed Planning, Zoning and Appeals Board. Members respectfully ask that the City Commission adopt the attached modification to provide for time -extensions to these permits, to help ease the uncertain economic times which our members are confronting today. As outlined in previous correspondence, our membership continues to be concerned with the potential effects of numerous sections of the proposed plan. Rather than reiterate the details of their concerns once more, their issues are highlighted below: 1. All non -conforming uses must be demolished in twenty years unless approved by the City Commission at a public hearing. This jeopardizes an owner's financing and insurance options. (Sec. 7.2.6 (a)). 2. Miami 21 offers the building community neither incentives nor choices of green building standards. Only LEED is currently included in the code. It is the most expensive to implement. Others now gaining national recognition that should be included are: Florida Green Building Coalition (FGBC) and the National Association of Home Builders' (NAHB) Green building Standard. Chair and Members Page Two October 21, 2009 3. The proposed code is not "user-friendly" — there is no simple way to determine what can be built on a parcel, without hiring an architect, a land planer and an attorney. In its current form, the code would become more complex, expanding the number of zoning districts from 42 to at least 56. 4. Unpredictable density will lead to "checkbook zoning" — due to the density bonus provisions, a builder can obtain additional density for a fee. This would institutionalize "checkbook zoning" which is contrary to good public policy. S. Adopting a mandatory form -based code in a built -out environment has many perils - adopting a code with so many unresolved issues would result in an endless series of code revisions, interpretations or worse, legal challenges to finally determine "what the code really meant." In closing, BASF members have consistently raised both concerns about - and recommendations for improving - Miami 21. Those concerns have been placed on the record at previous hearings. They reiterate that these issues have never been fully resolved to their satisfaction and most respectfully, are still opposed to the adoption of Miami 21 in its current form. However, moving forward, our members will continue to raise key points about code implementation, and will continue to be part of the on-going effort to improve the City of Miami. Thank you for the opportunity to present our members' views. Truly Burton "Govemmen /ffairs �Director, Miami—Dade County Attachment I cc: Mayor Diaz; City Manager Hernandez; Planning Director Gelabert-Sanchez Submitted into the public record in connection with item PZ.5 on 10-22-09 Priscilla A. Thompson City Clerk MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES 7.1�.5 Modifications to Applications Requiring Public Hearing [] d. Modifications to special pamnda and variances approved under a previous code. 3. The expiration date for any Class 11, Special Permit, Major Use Special Permit orVariance approved under the Zoning Ordinance 11D0ineffect immediately prior tothe date ofthe adoption of this Miami 21 Code, upon application to the Director by the mwner, be extended from its original expiration date as follows: a. C|oaa U Special Permits, Special Exceptions and Variances shall bepermitted noma�p�fo[�__-- period not to exceed twelve (12) months each.- - - - - b Major Use Special Permits shall bapermitted nomore than two C2\time extensions for each time extension period not to exceed twenty-four (24) months. C. Extensions beyond the time limits described above, for any Major Use Special Permit, Special Exception, Class 11 Special Permit, or Variance shall require approval by the Planning, Zoning and Appeals Board after public hearir-q. Submitted into the public record inconnection with |tenn.P32S:mn 10-22-09 Priscilla A.Thompson City Clerk