HomeMy WebLinkAboutSubmittal-Downtown Development Authority9MM IAM i ®®A
DOWNTOWN DEVELOPMENT AUTHORITY
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March 27, 2009
Mr. Pedro G. Hernandez, City Manager
City of Miami - City Hall
3500 Pan American Drive.
Miami, FL 33133
Dear Mr. Hernandez,
SUBMITTED INTO THE
PUBLIC RECORD FOR
ITEM ON
Enclosed, please find Resolution No. 20/2009 of the Miami Downtown Development Authority (DDA)
Board of Directors concerning the proposed "Miami 21" Zoning Code, adopted on March 20, 2009.
The Resolution establishes the Board's support for "Miami 21," subject to 11 conditions. These
conditions were largely discussed beforehand with the City' Planning Department at a February 1.3, 2009
meeting of the DDA's Urban Design, Transportation, and CIP Program Committee. The conditions
generally seek to protect the vested rights of properties and development projects obtained under the
existing Zoning Code, and clarify administrative procedures and reviews so as to avoid any potential
ambiguity or misinterpretation of the Code's provisions.
Accordingly, the DDA requests that the City revise the proposed "Miami 21" Zoning Code as provided in
the Resolution, and return to the DDA prior to 2nd Reading with a point -by -point accounting of how and
where the conditions were addressed. I must underscore that the Board's support for Miami 21 is
conditional, and shall be considered null and void should all of the conditions not be met.
As always, the DDA stands ready to assist in the success of this important initiative. We believe that the
approach we have taken on this issue has been a constructive one, and look forward to partnering with the
City in bringing "Miami 21" to fruition.
Please do not hesitate to contact me, or Javier Betancourt, DDA's Manager of Urban Planning &
Transportation, with any questions or concerns at 305-579-6675, or by email at
robertson@miamidda.com or betancourt(.@miamidda.com. Thank you for your time and consideration.
Sincer ,
Alyce M. obertsori
Executiv Director
AMR/jb
Enclosure
cc: Honorable Mayor and Commissioners, City of Miami
Honorable Chair and Board of Directors, Miami DDA
Ana Gelabert-Sanchez, Planning Director, City of Miami
Elizabeth Plater-Zyberk, Principal, Duany Plater-Zyberk
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Javier Betancourt, Manager of Urban Planning & Transportation, Miami DDA
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200 S. Biscayne Boulevard, Suite 2929
Wachovia Financial Center
Miami, FL 33131
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Phone: 305.579.6675 Web: www.miamidda.com
Fax: 305.371.2423
RESOLUTION NO. 20/2009
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIAMI DOWNTOWN DEVELOPMENT AUTHORITY ("DDA")
OF THE CITY OF MIAMI, FLORIDA IN SUPPORT OF THE CITY
OF MIAMI'S PROPOSED NEW ZONING CODE ENTITLED
"MIAMI 21," SUBJECT TO CONDITIONS.
WHEREAS, The City of Miami is considering the adoption of a new Zoning Code entitled
"Miami 21" to replace its current Zoning Code, City of Miami Ordinance No. 11000; and
WHEREAS, "Miami 21" seeks to provide a holistic approach to land use and urbanplanning with
a clear vision for the City that will be supported by specific guidelines and regulations so that future
generations will reap the benefits of well-balanced neighborhoods and a rich quality of life; and
WHEREAS, "Miami 21" will have a direct and significant impact on properties and land use
within Downtown Miami; and
WHEREAS, the DDA Board of Directors finds that various "Miami 21" provisions may
unintentionally discourage redevelopment efforts in Downtown, and conditions its support for "Miami
21" on the revision of said provisions as provided herein.
NOW, THEREFORE, be it resolved by the Board of Directors of the Miami Downtown
Development Authority of the City of Miami, Florida
Section 1. The recitals are true and correct and are adopted by reference and incorporated as
if fully set forth in this Section.
Section 2. The DDA Board of Directors supports the City of Miami's "Miami 21" Zoning
Code, subject to the following conditions: `
A.
Section 3.14 is revised to include specific standards and methodologies for determining
Public Benefits Program fees.
B.
Section 7.1.3.5(d) is revised to clarify that all phases of a previously approved phased
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development project are vested for life.
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C.
Section 7.1.3.5(d) is revised to allow automatic extensions of existing development
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approvals within 6 years of "Miami 21" adoption; and unlimited extensions beyond 6
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years subject to City Commission review and approval.
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D.
Section 7.1.3.5(d) is revised to clarify that the process for determining non -substantial
deviations to development approvals remains as under the current Zoning Code (City of
_
3Miami
Ordinance No. 11000).
E.
Section 7.1.3.5(d) is revised to clarify that projects determined to be a substantial
deviation may choose to follow either the current Zoning Code (City of Miami Ordinance
No. 11000) review provisions, or "Miami 21" review provisions, the latter of which
would provide for a more streamlined administrative review process as an incentive.
20.Miarni 21 Support Conditional.doc Page 1 of 2
F. Section 7.2.2(b) is revised to clarify that in cases of casualty, a waiver may be granted to
allow a legally non -conforming structure to be rebuilt under the current Zoning Code
(City of Miami Ordinance No. 11000) without limitation, subject to City Commission
review and approval.
G. Section 7.2.3(b) is revised to clarify that a legally non -conforming structure can be
expanded without limitation, so long as it doesn't increase an existing non -conformity.
H. Section 7.2.6(a) is revised to clarify that an existing conforming use will remain legally
non -conforming under "Miami 21" indefinitely as long as the existing structure remains.
1. The Code is revised to provide standards and criteria for guiding "discretionary" reviews
and approvals by the City of Miami Planning Director and other development review
officials.
A "glitch bill" provision is added to the Code's enacting Ordinance requiring that the
City of Miami revisit "Miami 21" within twelve (12) months of its adoption to evaluate
the Code's effectiveness and pursue corrective measures.
K. The City of Miami return to the DDA Board of Directors prior to a public hearing for 2nd
Reading of "Miami 21" with a report detailing the revisions made to "Miami 21" in
accordance with Conditions A through J herein.
PASSED AND ADOPTED this 20th day of March, 2009.
Gc.
Alyce . Robertson
Execut ve Director
ATTEST:
Sandra Hernandez
Secretary to the Board of Directors
Submitted into the public
record in connection with
20.Miami 21 Support Conditional.doc Page 2 of 2 item SP.1, SP.2 & SP.3
on 08-06.09
Priscilla A. Thompson