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HomeMy WebLinkAboutBennet Pumo-Language Recommendation LettersREAL ESTATE DEVELOPMENT September 1, 2015 Reference: July 23, 2015, Agenda #19; File #14-01075zt Hello All, this is Bennet Pumo. This communication comes to you with reference to the September 10, Commission Hearing. There was a continuation of the July 23, 2015 Legislation Ordinance: Agenda#19, file number: 14-01075zt. All in all, that evening, with discussions within the commission hall with the public that was there to comment, property stakeholders, Victoria with the City Attorney office and Francisco with the City, it was pretty clear the language in version five was only missing three words not objected to at prior hearings. Within the first sentence of 7.2.8(b) omit the comma after Adaptive use, then add, or existing use. (see page three) That about does it! Thank you for your patients in this ongoing M21 corrective process. Stakeholder and Lessor to hundreds of business's within our great City, Thank you, Bennet Pumo Page one of three Submitted into the public record for item(s) PZ • 5 on q -10 -15 . City Clerk i4--pl0-15z1-- Berme+- ovrno- wng-ePecomm-encOi-hM Let- y MAILING ADDRESS: P.O. BOX 380100 • MIAMI, FLORIDA 33238-0100 OFFICE: 7327 N.W. MIAMI COURT • MIAMI, FLORIDA 33150-3599 TELEPHONE: (305) 757-1823 • FAX: (305) 757-7064 v \0 / t k £v File Number: 1-01075zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 7, SECTION 7.2, ENTITLED "PROCEDURES AND NONCONFORMITIES," TO MODIFY PARKING REQUIREMENTS FOR ADAPTIVE USES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. --- e .i'Vfr 4A I �� City Hall City of Miami �, ; ,0%- V V3500 Pan American 11e` Drive Legislation 49 Miami, FL9 3133 " y'� www.miamigov.com Ordinance //( Final Action Date: WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB"), at its meeting on November 5, 2014, Item No. PZAB.9, following an advertised public hearing, adopted Resolution No. PZAB-R-14-070 by a vote of seven to zero (7-0), recommended the adoption of this item to the City Commission; and WHEREAS, on October 22, 2009, the City Commission adopted the Miami 21 Code ("Code"), Ordinance 13114 as the City of Miami's ("City") Zoning Ordinance; and WHEREAS, the intent of the Code is to promote the rehabilitation, restoration, and adaptive uses on existing buildings; and WHEREAS, the intent of the Code is to allow non -conforming buildings with less than the required on -site parking, or no parking, to continue to exist with vested rights; and WHEREAS, it has been determined that Article 7, Section 7.2 of the Code needs to be corrected and updated to reflect the intent and provide clarification and accuracy; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City and its citizens to amend the Code as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as fully set forth in this Section. Section 2. Ordinance 13114, the Zoning Ordinance of the City of Miami, Floridayi hereby amended by making modifications to Article 7 in the following particulars {1}: "ARTICLE 7 PROCEDURES AND NONCONFORMITIESo't()‘ u �l * x 7.2 NONCONFORMITIES: STRUCTURES; USES; LOTS; SITE IMPROVEMENTS; AND SIGNS City of Miami Page 1 of 2 File Id: I4-0107Sz1(Version: 5) Printed On: 7/14/2015 File Number: 14-01075zt V©1 0\ !pi 0,`' Roc''(\*)-\ 7,2.8 NONCONFORMING SITE IMPROVEMENTS * * ;� oot xtsrine, (JS2' b. Except in a T3 or T4-R Transect Zone or within an area of the,etty for which a parking trust fund has been established and is in effect pursuant to Chapter 35 of t City Code, Wwhere existing Off-street Parking facilitico are is nonconforming to the requirement f this Code or any other city standards to any Use permitted in the Transect Zone, Adaptive Use, on or rehabilitation of an existing shall not require the provision of Building or a additional parking or on -site storm water retention or detention_ except to the extent required by applicable state or federal law. If the prior Use of such structure was single-family, duplex, or lodging and the site is less than 500 feet awaem abuts a T3 Transect Zone, the provision of additional parking shall be required as per the requirement of this Code. No modifications may be permitted which increase the degree of the existing nonconformity. Modifications to Off-street Parking the fasil+ties may be approved by Waiver, and the Waiver may be conditioned on safeguards that reduce the degree of nonconformity to the extent reasonably feasible in the circumstances of the case. Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Zoning Ordinance of the City of Miami, Florida, which provisions may be renumbered or relettered and that the word "ordinance" may be changed to "section," "article," or other appropriate word to accomplish such intention. Section 5. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. {2} P''OV tD AS TO FOR • NO CORRECTNESS: Cam` Cam' - ►.�' \t CTORIA MENDEZ CITY ATTORNEY yo Submitted into the public record for item(s) ,2.5 on q-10 - /j City Clerk Footnotes: {1 } Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated, whichever is later. City of Miami Page 2 of 2 File Id: 14-0I075zt (Version: 5) Printed On: 7/14/2015 Mallory Kauderer, President Downtown Little Haiti Stakeholders 6200 NE 2°d Avenue Miami, FL 33138 September 10, 2015 Director Francisco Garcia City of Miami Planning Department 444 SW 2s,d Avenue, 3rd Floor Miami, FL 33130 RE: PZ 5 regarding Vested Parking Rights for Non Conforming uses, structures and adaptive uses. Dear Mr. Garcia, Please accept this Letter on behalf of the Downtown Little Haiti Stakeholders, Inc. We greatly appreciate the work that yourself and the administration has put into the language regarding the enabling of adaptive reuses for non -conforming structures and parking requirements. That being said, we believe there is a slight loophole regarding "Existing Uses" in these structures that may happen to be non- conforming. Therefore we are strongly in favor of a slight revision of the wording on the item regarding vested rights for Non Conforming Uses agenda item PZ 5 by simply adding "or Existing Uses". In order to protect the current owners and tenants City Wide from Iosing their Certificate of Uses due to a statute that leaves open the possibility of an interpretation that could jeopardize thousands of long standing tenants and to protect the future practice of sound planning and neighborhood revitalization please revise the language to the following: 7.2.8 NONCONFORMING SITE IMPROVEMENTS -14 b. Except in a T3 or T4-R Transect Zone or within an area of the city for which a v parking trust fund has been established and is in effect pursuant to Chapter 35 of 1l1 U the City Code, where existing Off-street Parking is nonconforming to the �N requirements of this Code or any other city standards to any Use permitted in the Transect Zone, Adaptive Use, or Existing Use shall not require the provision of \ additional parking or on -site storm water retention or detention..... c = y -fl o 0 v a cn i- o Sincerely, ,. Mallory Kauderer, President CC: Jan Mapou Dir/VP, Robert Zangrillo Dir/VP, Father Reginald Jean -Mary Dir/VP, BennePitmo Dir/VP, Edourd Duval -Carrie Dir/VP, Teddy Pierre -Louis Sec/Dir Mallory Kauderer, Chairman Little River Business District 300 NE 71st Street Miami, FL 33138 September 10, 2015 Director Francisco Garcia City of Miami Planning Department 444 SW 2iii1 Avenue, 3rd Floor Miami, FL 33130 RE: PZ 5 regarding Vested Parking Rights for Non Conforming uses, structures and adaptive uses. Dear Mr. Garcia, Please accept this letter on behalf of the Downtown Little Haiti Stakeholders, Inc. We greatly appreciate the work that yourself and the administration has put into the language regarding the enabling of adaptive reuses for non -conforming structures and parking requirements. That being said, we believe there is a slight loophole regarding "Existing Uses" in these structures that may happen to be non- conforming. Therefore we are strongly in favor of a slight revision of the wording on the item regarding vested rights for Non Conforming Uses agenda item PZ 5 by simply adding "or Existing Uses". In order to protect the current owners and tenants City Wide from losing their Certificate of Uses due to a statute that leaves open the possibility of an interpretation that could jeopardize thousands of long standing tenants and to protect the future practice of sound planning and neighborhood revitalization please revise the language to the following: 7.2.8 NONCONFORMING SITE IMPROVEMENTS b. Except in a T3 or T4-R Transect Zone or within an area of the city for which a parking trust fund has been established and is in effect pursuant to Chapter 35 of the City Code, where existing Off-street Parking is nonconforming to the requirements of this Code or any other city standards to any Use permitted in the Transect Zone, Adaptive Use, or Existing Use shall not require the provision of additional parking or on -site storm water retention or detention..... Sincerely; Mallory Kauderer Chairman Submitted into the public record for item(s) P2.• 5 on 14 a 15 . City Clerk