HomeMy WebLinkAboutSubmittal-Edward Martos-Letter to Commissioners (2)Submitted iJ to the publi Z 1
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j WEISS SEROTA
HELFMAN COLE + BIERMAN
Tony Recio, Partner
trecio@wsh-law.com
April 23, 2025
VIA EMAIL AND HAND DELIVERY
Honorable Chairwoman and City Commissioners
City of Miami
3500 Pan American Drive
Miami, Florida 33133
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 3151 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 Owners owns the properties at 3151, 3163, and 3167 SW 27 Avenue (collectively, the
"Property"). On November 13, 2024, the City of Miami approved Wavier No. PZ-24-18282 (the
"Waiver") authorizing redevelopment of the Property pursuant to the City's now -existing rules
regarding bonus height for properties zoned T5-0 in Neighborhood Conservation District 3 (the
"NCD-3"). Pursuant to the Waiver, and at substantial expense, the Owner has also prepared full
building permit drawings, has applied for a master building permit (see permit number BD25-
000738-001), is preparing to apply for multiple subsidiary building permits, and has commenced
pre -construction sales.
Under Florida law, the Proposed Ordinance cannot be applied to the Owner's Waiver
approval or to its existing and future building permit applications (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, the development rights authorized by the Waiver have vested in the Property.
Additionally, 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),I 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 Building Permits
Cf. Morningside Civic Assn v. City of Miami 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 33�34
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Honorable Chairwoman & Commissioners
April 23, 2025
Submitted thto the public
record or itgm(s)
on 4� 1.� I t� _. City Clerk
is the law in place at the time of submission. The Building Permits should be recognized and
processed as set forth in the current version of Miami 21, Section 3.14 rather than under the
Proposed Ordinance.
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,
is within the City's recognized Transit Oriented Development area, 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, Building Permits, or
any applications for development approvals pursuant to the Waiver.
2. The Owner's pending Building Permit applications and future applications for
development approvals 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.
cc: Todd Hannon, City Clerk
Art Noriega, City Manager
George Wysong, Esq. City Attorney
Edward Martos, Esq.
Sincerely,
Tony Recio
20F2
MIAMI I FT. LAUDERDALE I BOCA RATON I GAINESVILLE 1 WSH-LAW.GOM