HomeMy WebLinkAboutSubmittal-Edward Martos-Letter to Commissioners (1)>Y1 WEISS SEROTA
HELFMAN COLE BIERMAN
April 23, 2025
VIA EMAIL AND HAND DELIVERY
Honorable Chairwoman and City Commissioners
City of Miami
3500 Pan American Drive
Miami, Florida 33133
Submitted into the public
record o. it rrKs) ,1
on y City Clerk
Tony Recio, Partner
trecioaa wish-law.com
Re: Proposed Ordinance Amending T5-O Bonus Height Rules in the NCD-3 /
Ordinance 17440 / Item PZ.7 on City Commission's April 24, 2025 Agenda
Honorable Chairwoman and City Commissioners:
We write on behalf of 3172 SW 27Ave Propco, LLC (the "Owner") to ensure that its
existing and pending development approvals will be recognized as "vested" and processed subject
to current law rather than under the Proposed Ordinance referenced above.
The Owner owns the properties at 3172, 3176, and 3184 SW 27 Avenue, and 2701 Day
Avenue (collectively, the "Property"). On November 22, 2024, the Owner applied for Waiver No.
PZ-24-18782 (the "Waiver") proposing redevelopment of the Property pursuant to the City's now -
existing rules regarding bonus height for properties zoned T5-O in Neighborhood Conservation
District 3 (the "NCD-3"). The Waiver remains under review by the City.
Under Florida law, the Proposed Ordinance cannot be applied to the Waiver or subsequent
applications of development approvals based on the Waiver after its approval (collectively, the
"Building Permits") because the Owner has made significant expenditures in the acquisition of
land, the preparation and revision of detailed plans, and in the lengthy development approval
process. Under Florida law, due process dictates that the rules existing at the time of application
submittal govern the evaluation and approval of an application for a development order. Dade
County v. Jason, 278 So. 2d 311 (Fla. 3`d DCA 1973).1 Further, a municipality may not deny an
application which meets all the requirements existing at the time it is filed. City of Margate v.
Amoco Oil Co., 546 So. 2d 1091 (Fla. 4th DCA 1989). Therefore, the proper law to be applied to
the Owner's Waiver is the law in place at the time of submission. The Waiver should be recognized
and processed as set forth in the current version of Miami 21, Section 3.14 rather than under the
Proposed Ordinance.
Cf. Aforningside Civic Ass v. Ciiy ofA7iami Com'n, 917 So. 2d 293 (Fla 3d DCA 2005), where the court allowed
for a new version of an applicable law to be applied only because the applicant had withdrawn and re -filed its
application after the effective date of the applicable legislation.
2800 PONCE DE LEON BOULEVARD, 12TH FLOOR, CORAL GABLES, FLORIDA 33134
\1 9 0 -\ - 3 0f h - - d C S D i f C I)
Honorable Chairwoman & Commissioners
April 23, 2025
Submitted into the pubI'
record for it n1;s)2
on 411,912� . City Clerk
We respectfully urge the City Commission to amend the Proposed Ordinance to clarify that
development orders issued or applied for before the Proposed Ordinance's final adoption will be
processed under the Code provisions in effect at the time the application for zoning approval was
filed. As detailed above, such an amendment would be consistent with Florida law. Such an
amendment would also be consistent with the City of Miami's longstanding policy goals which
urge infill development in proximity to transit and along Transit Corridors. The Property is within
a half mile of the Coconut Grove Metrorail Station, it abuts the SW 27th Avenue Transit Corridor,
and it is in close proximity to US-1. If the Commission is not amenable to this friendly amendment,
we request written confirmation of the following:
1. The Proposed Ordinance will not apply to the Owner's Waiver and any Building Permit
applications pursuant to the Waiver.
2. The Owners' pending Waiver and future Building Permit applications pursuant to the
Waiver will be processed and approved pursuant to Miami 21, Section 3.14 as it exists
today.
This letter is submitted without prejudice to the Owners rights and remedies and with their
express reservation of the same. Should you require additional information or have any questions,
do not hesitate to contact me at 305-992-6847.
We ask that this letter be included in the official Clerk's record for the Proposed Ordinance.
We appreciate your favorable consideration.
Sincerely,
Tony Recio
cc: Todd Hannon, City Clerk
Art Noriega, City Manager
George Wysong, Esq. City Attorney
Edward Martos, Esq.
20F2
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