HomeMy WebLinkAboutSubmittal-Iris Escarra-Letter to Planning DepartmentGreenbergTraurig
May 20, 2025
Via Email
David Snow
Planning Director
City of Miami
444 SW 2nd Avenue, 3rd Floor
Miami, Florida 33130
Iris V. Escarra
Tel. 305-579-0737
Fax 305-961-5737
escarrai r@gtlaw.com
Submitted into the publi
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City Clerk
Re: HHLP Coconut Grove RC Associates, LLC (the "Owner") / 3300 SW 27th
Ave, Miami, Florida / Vested Rights / File ID 17440
Dear Mr. Snow:
Our firm represents the owner of the above -referenced property (the "Property"). On
behalf of the Owner, we submit this letter to ensure that its existing and pending development
approvals will be recognized as "vested" and processed subject to current law rather than
following the proposed ordinance being considered under File ID 17440.
I. Background
The Property, located within the City of Miami's (the "City") Coconut Grove
neighborhood, is partially zoned as T5-O and T6-12-0, with an NCD-3 overlay, under Miami 21.
The Property is located within a Transit Oriented Development (TOD) area, a copy of which is
attached as Exhibit 1. An aerial image of the Property is depicted below.
Greenberg Traurig, P.A. I Attorneys at Law
333 Southeast Second Avenue I Suite 4400 I Miami, FL 33131 I T +1 305.579.0500 I F +1 305.579.0717
www.gtlaw.com
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3300 SW 27th Ave
Vesting Letter
File ID 17440
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On September 28, 2023, the Miami City Commission (the "City Commission") adopted
Ordinance No. 14211, attached as Exhibit 2, which amended Section 3.14 of Miami 21 to provide
bonus Height for properties zoned T5-O when satisfying certain conditions as detailed therein.
Specifically, Ordinance No. 14211 allows for T5-O properties, such as the Property, to utilize
bonus Height, up to a maximum of eight (8) Stories by Right when zoned T5-O, located within a
TOD area, and not Abutting' a T3 Transect Zone.2 Further, on March 14, 2024, the City
Commission adopted Ordinance No. 14262 which expanded the ability to utilize the bonus height
in the T5-O Transect Zone, expanding the available areas to include Opportunity Zones. No
changes were made to the applicability of the bonus height options for the Property.
Following the adoption of Ordinance No. 14211, the Owner has been worked diligently to
design a project that conforms with the applicable existing requirements of Miami 21 and
submitted an administrative site plan review application (the "ASPR Application") for approval
under PZ-25-19425. The ASPR Application was deemed complete and passed prescreen per the
enclosed workflow routing sheet attached as Exhibit 3.
Currently the City Commission is considering legislation, File ID 17440, which would
prevent properties located within the NCD-3 overlay from using the T5-O bonus height.
II. LEGAL ANALYSIS
1. The City must follow the existing law rather than the pending legislation for the
planned improvements at the Property because the Owner has acquired vested
rights.
The Owner has acquired vested rights for the development of an eight (8) Story structure
at the Property, as permitted under Ordinance No. 14211, pursuant to the laws and regulations in
place at the time the ASPR approval passed prescreen. Under Florida law, a party acquires vested
rights when he/she (1) in good faith relies (2) upon some act of government (3) which leads him
or her to incur such substantial obligations and expenses (4) that would make it highly inequitable
to interfere with the acquired right. Monroe County v. Ambrose, 866 So.2d 707 (Fla. 3d DCA
2003); see also Hollywood Beach Hotel Co. v. City of Hollywood, 329 So. 2d 10 (Fla. 1976). A
party who meets the above -mentioned criteria may successfully raise the doctrine of equitable
estoppel in order to challenge a municipality's actions. Id.
Miami 21 defines Abutting as: To reach or touch; to touch at the end or be contiguous with; join at a border or
boundary; terminate on. Abutting properties include properties across a street or alley. The Property does not Abut
any T3 zoned properties.
2 Ordinance No. 14211 specifically excluded the NCD-3 Single Family Residential District. The Property is not
located within the NCD-3 Single Family Residential District as confirmed by the Property's T5-O Zoning designation.
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Greenberg Traurig, P.A. I Attorneys at Law
www.gtlaw.com
3300 SW 27th Ave
Vesting Letter
File ID 17440
Submitted into the pub \
record f r ite �(s) V Li
on I Lt I City Clerk
In the present case, the Owner relied in good faith on the existing regulations and
assurances provided by the City. Relying on these assurances, the Owner has continuously worked
to realize its plan for the Property. The Owner has invested substantial resources on the
development of the Property including but not limited to architectural and engineering plans and
has incurred other professional fees and expenses all with the objective of constructing an eight
(8) Story structure at the Property as permitted under Ordinance No. 14211 and presented in the
ASPR Application. The Owner made these investments in good faith relying on the existing
applicable regulations.
III. Request for Confirmation
The Owner is entitled to review pursuant to the existing applicable law for the eight (8)
Story structure because it submitted a complete ASPR Application which passed prescreen prior
to the adoption of the pending legislation.
Accordingly, we respectfully request written confirmation that the City will follow existing
law in reviewing the ASPR Application, unrestricted by any new requirements that may imposed
by the adoption of File ID 17440. Should you require additional information or have any questions,
do not hesitate to contact me at (305) 579-0737.
Enclosures
Greenberg Traurig, P.A. I Attorneys at Law
Iris V. Escarra
www.gtlaw.com
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