HomeMy WebLinkAboutSubmittal-Melissa Tapanes 1Bc.RCOW RADELL FER NAN D EZ
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Direct: 305-377-6227
E-Mail: MTa_p_anesABRZoninciLaw.com
VIA EMAIL & HAND DELIVERY
February 13, 2014
Mr. Francisco Garcia
Director, Planning and Zoning Department
Cite ot Miami Riverside Center
444 SW 2nd Avenue, 3rd Floor
Miami, FL 33130
Mr. Art Noriega
CEO, Miami Parking Authority
40 NW 3rd Street, Suite 1103
Miami, FL 33128
Re: Miami Design District Property Owners, Inc.'s Position on
Proposed Code Arneiidment to Chapter 35 of le Miami City Code
Dear Mr. Garcia and Mr. Noriega:
2
This law firm represents Miami Design District Property Owners Association,
Inc. (the "Association"). This Association is presently comprised of dozens of property
Owners with vested interests in the City of Miami's historic Design District and in the
Design District Parking Improvement Trust Fund promulgated through Chapter 35 of
the Miami City Code. We thank you for incorporating many of our recommendations
into the current draft of the proposed amendment to Chapter 35 of the City Code
circulated on February 4, 2014 and to be considered at first reading by the City
Commission on February 13, 2014.
We ask the City of Miami Planning and Zoning Department, Miami Parking
Authority and City Commission to consider the following substantive revisions to the
proposed draft amendment to Chapter 35 of the City Code between first and second
readings of the proposed ordinance. The objective of these proposed revisions to the
current draft is to protect both the City's and Association members' investment into
Design District Parking Improvement Trust Fund ("Trust Fund").
Sccticw 35-225(a) - This Subsection should be clarified to allow contiguous
parcels under the same ownership as parcels located within the Design
District boundaries, as depicted in Exhibit A ("DD Boundary") to
participate in the Trust Fund, as long as said contiguous parcels are
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PHONE. 305.374.5300 • FAX. 305.377.6222 • WWW.BRZONINGLAW.COM
Mr. Francisco Garcia and Mr. Art Mriega
February 13, 2014
Page 2
Submitted into the public
record in connection with
item FR.1 on 02/13/14
Todd B. Hannon
developed concurrently with the parcels located within the DD Boundary.
Mr. Garcia confirmed that the foregoing was the intent of this language on
January,' 16, 201.4. In addition, this Subsection should be amended to
permit all properties located within the Miami Design District Retail Street
Special Area Plan ("SAP"), as amended, to participate in the Trust Fund.
This amendment will allow properties to be assembled into larger projects that
may contribute to the Design District's future parking needs through public -
private partnerships intended By Chapter 35 and Miami 21's Public Benefit
Program.
Section 35-225(b) - This Subsection should be amended to require that
expenditures from the Design District Parking Improvement Trust Fund
provide a District -wide benefit.
This amendment will serve as an additional criterion for the Design District
Improvement Coinntittee ("Committee") to consider in granting approval of
expenditures -on; the Trust Fund.
-;ection 35-225(d) - The Association recommends the expansion of the
composition of the Committee to consist of a total of seven (7) voting
members, including four (4) property owners, and that all voting
members be free of conflicts of interest between one another.
The current draft provides for only two (2) property owners and a total of five (5)
voting members. The current draft also allows for voting members to be related to
one another through corporate entities, birsineSS dealings and/or landlord -tenant
relationships. These relationships are conflicts of in that may negatively
impact the use of the Trust Fund proceeds.
4. Section 35-220 - The Association recommends amending Section 35-220 of
the City Code to allow the Planning Director to approve Waiver zoning
permits to reduce the number of required parking spaces by thirty percent
(30%) for projects within certain proximity of a Transit Oriented
Development or a Transit Corridor, as defined by the Miami
Neighborhood Comprehensive Plan, pursuant to Miami 21. Currently,
Section 35-220 unduly prohibits this sound planning tool within the DD
Boundary.
This prohibition is inconsistent with Mianii 21's goal to encourage projects that
reduce reliance on automobiles, encourage transit ridership and is responsizie to
both transit and pedestrian amenities. Lifting this prohibition will encourage
public -private partnerships to increase public transit services along Biscayne
B RCOW RADE LL & FER NAN DEZ
I IV , Lr.Jrs, us AN ED ENVIRONMENTAL I_ VV
Mr. Francisco Garcia and Mr. Art Noriega
February 13, 2014
Page 3
Boulevard, North Mia!Ili AVellile and NE 2 Avenue in order to avail projects o
this parking reduction.
5. Miowi 21 - Section 3.1.4.3 and 3.14.4 of Miami 21 should be amended to
consider public parking amenities within the Design District as a Public
Benefit under the City's Public Benefit Program.
This amendment will encourage public -private partnerships by allowing
developers to construct and dedicate parking to the Miami Parking Authority in
exchange Jir Public Benefit Bonuses in height and FLR, as permitted through
Miami 21.
The Association further recommends that upon establishment the Committee
consider funding a parking impact and/or feasibility study by certified professionals in
the field as one of the first orders of business.
Should vou have any questions or comments, please do not hesitate to phone me
at 305.377.(227.
Very truly yours,
Melissa Tapanes Llahues
cc: Miami City Commission
Miami Design District Property Owners Association, Inc. Board of Directors
Irene -Hegedus
Paula De Carolis
Luciana Gonzalez
Submitted into the public
record in connection with
item FR.1 on 02/13/14
Bc.RCOW RAD= & FER NAN Di Todd B. Hannon
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