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6001 SW 70 ST_GREEN PARKING Apr-24-06 14:21 From-NAGIN GALLOP FIGUEREDO $05-854-5351 T-686 P.001/004 F-625 NAGIN GALLOP FIGUEEEDO"A. Attorneys & Counselors 18001 Old Cutler Road—Suite 556 Telephone.(305) 854-5353 Miami Florida 33157-6416 Facsimile. (305) 854-5351 FAX TRANSMISSION COVER SHEET Dare: 4-24-06 To: Don O'Donniley Fax.• 305-668-7356 Phone: 305-663-6327 Be: Valencia Apts. Cf/ Client/ City of South Miami Matter.• 0022-001 Sender: Laura/Luis R. Figueredo Comments: Please review the attached letter and call me. YOU SHOULD RECEIVE_3_PAGE(S), INCLUDING THIS COVER SHEET. IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL_ 305 854-5353 This transmission is protected by attorney-client and work product legal privileges,is strictly confidential, and solely is intended for review by the above addressee. If you received this in error,please read no further.Call (305)854-5353 and arrangements immediately will be made to retrieve this at no expense to you. ------------------------------------------------------------------------------------------------- Apr-24-06 14:21 From-NAGIN GALLOP FIGUEREDO 305-854-5351 T-686 P.002/004 F-625 HERMAN RENNERT VOGEL&MANDLER, P A. ATTORNEYS AT LAW Jill Noon 8ronaut Esq. Hoard Certified in Business Gngasion Certified Circuit 0vd Mediator Direct line 305.577.4173 E•mailjnbrrman@brvmlaw,com Apnl 21, 2006 Luis Figueredo, Esq, Nagin Gallop &Figueredo 18001 Old Cutler Road Suite 556 Miami,Flonda 33157 Re Valencia, a Condominlum Dear Mr Figueredo: I write in response to your letter of April 17, 2006 This letter is wrttrzn within the seidement privilege in an attempt to resolve a.dispute between the City of South Miami and Valencia South Miami, LLC concerning the designation of parking spaces for unit owner use. You have advised me tha<The Cny's only issue at this time is that you believe Valencia is not permitted to give exclusive use of spaces to una owners,to charge for such assignment, nor to enforce that use by towing mis-parked cars In fact,Valencia does designate parking spaces for the exclusive use of particular unit owners While a separate fee is not charged for the designation, the value of the space is built into the unit pnce In addition, there has been renting of spaces designated for one owner to another. Whether or not this creates a -property right" in a space(a concern you expressed) may not matter, it is your view that exclusive use of spaces violates the Land Development Code for two reasons (1) any charge violates section 20- 4 4(L) of the Land Development Code', and (2) because there is an inadequate number of spaces in violation of the "Special Exception," Resolution 134-01-11262 With respect to Valencia building the cost of spaee(s) into a purchase price, we respectfully disagree that this violates the Code. A sensible reading of Z0-4.4(L) reveals that it was intended to cover commercial parking lots, and not parking for apartments or a- condominiums. The phrase "no parking fees, charges or other remuneration ," when read e)usdem gcuns, would not cover a one time charge for the use of a space for a particular urat_ 'All orations are, unless otherwise noted, to the City of South Miami Land Development Code (the "Code"). Bank oFAmviex Tower at InWnawnal Place•100 Southeast Second Straw Sure 2900 Mismr,Florida 39131 101%:n T.1 -1—14AC1 VMA I" 7..•.mod,,long%o-7-1 snot _ - —��-•••-� Apr-24-06 14:21 From-NAGIN GALLOP FIGUEREDO 305-854-5351 T-686 P-003/004 F-625 _ r Luis pigueredo, Esq. Apnl 21, 2006 Page 2 In addition, this property is located in a Transit-Ortented Development District (T O.Q.D.)which is supposed to encourage the use of mass transit. (20-8.1)Therefore, it was contemplated that a project in this area would have less parking than it might be required to have otherwise, and that charging a fee for extra parking (which would be a disincentive to a resident Go keep extra vehicles) would be appropriate in such a district This appears to be expressly permuted. See 20-8 8(B)(6) With respect to the number of spaces issue, the city has taken a number of different approaches to this issue over;the past several months Each time Valencia thought it had reached a solution, another issue seems to come up. in any event. the following is a valid interpr elation of the governing documents 1 The Special Exception stated that 585 spaces would normally be required for this project (slightly less than two for each of the 291 residential units) but modified this requirement to 550 spaces, Based on a revised site plan, the number changed to 556 spaces. 2 The Special Exception does nor require the spaces to be in a pool, not assigned to particular units 3. The change of use from rental io condo after the Special Exceptlon does not change the permitted non-conforming use City of Miami Beach v. Arlen King Cole Condominium Assn, Inc., 302 So. 2d 777 (Fla 3d DCA 1974). 4 The City's own site mspection,undertaken by Luis Kruger under the direction of Don O'Donniley, as set forth in the latter's memo to you of October 14, 2005, acknowledges that there are 589 spaces, which is in excess of what the Special Exception required. However, Mr O'Donniley's memo states that there needed to be 616 spaces because of the office space in the project Thus, he found a shortfall of spaces, presumably 2-7.' The memo ignores the bonus that was approved Pursuant to Sec. 20-8 10 of the T.0 D D Zone and runs with the land. Valencia continues to be consistent and in compliance with Special Exception ind approved plan which describes commercial use generally, not retail,specifically. In fact,the T_O.D D. District encompasses both storefront retail and office uses m its description of permitted Carnmercial Use. See Sec 20-8 5(A) and (B) Also, the ordinance does not prohibit assignment of spaces 'This number may be smaller, for example, if Valencia removed the car wash and/or the spaces set aside for bicycle racks Apr-24-08 14:21 From-NAGIN GALLOP FIGUEREDO 305-854-5351 T-686 P-004/604 F-625 Luis Figueredo, Esq_ April 21, 2006 Page 3 Based on this history, we believe Valencia has a very strong argument that it has fully complied with the City's requiremerirs, and is NOT in violation Nevertheless, in order to avoid an unpleasant Confrontation, and in order W contiriue to be a good corporate citizen,Valencia offers the following seuletnent solution In doing so, it makes no admission of violation and waives no claims. Valencia has authonzed me to�offer payment of 5168,000 for the "missing" spaces, to be paid to the Parking Infrastructure Trust Nnd U is my understanding that although the fund primarily relates to the Hometown District, it is also available to compensate for parking spices in the T D D D ,since the Hometown D1SCnC[ Parking Committee is "charged with the oversight of the supply, convenience, safety and management of parking" in the T.O.D.D. 20-88(A). This one time payment would. fully mitigate any alleged violations of the City's requirements, and would permit Valencia to finish selling out the project, including continuing to designate parking spaces as it has been doing 1 am sure there are other technical requirements which would need to be included in such an agreement, and 1 assume this would be a Commission item. Please let me have your thoughts on such a proposed resolution as soon as possible Thank you Very truly yours, JILL NEXON GERMAN JNB:np cc. Ben Fernandez, Esq. Mr. Peter Torres Leo Caraballo,Esq F Important.................. import nt*"*"****''*,*"*"********"**'*"*'*'*"*,*'': mess a e : I es sage : For—/— For From From Time Date Time 7 7 5 ) 12) Phone Phone © 2> oe OURGENT!............................................................ OURGENT!............................................................ Mes'sage A Message - ATTN: n ern.ay FRom. Dion D Donn;17' REAale,n 61 of A 0 . PAGES (INCL.covER) 3 . CONEWENTS: KAFormsTAX COVER-PLANNING.doe TRANSMISSION VERIFICATION REPORT TIME 10/17/2005 15: 04 NAME CITY OF SOUTH MIAMI FAX 3056687356 TEL 3056687356 SER. # BROE4J585297 DATE,TIME 10/17 15: 03 FAX N0. /NAME 93053776222 DURATION 00:00:53 PAGE(S) 03 RESULT OK MODE STANDARD ECM `77 -- 6 a 35 4 SOUT South Miami O All-MtErICeCity U INCORPORATED 1927 o R ID 2001 CITY OF SOUTH MIAMI MEMORANDUM To: Luis Figueredeo Date: October 14,2005 City Attorney From: Don O'Donniley, AICP,�90_;e Re: Available Parking/ Planning Director Valencia On October 4, 2005, a field inspection was performed by Luis Kruger. The results of that survey are attached. Staff has utilized those results to compare with the Site Plan, approved by Ordinance, 24-01-1755, for Valencia.Following is a comparison of the field survey to the Adopted Plan. Approved Plan Site Inspection On Street Retail/Commercial 6 Residential 24 Sub-total 30 29 Garage Retail/Commercial 18 Residential 508 Sub-total 526 560 TOTAL 556 589 The Site Plan approved a 31 space reduction based on the arcade and an additional 30 space reduction based on the Special Exception. Therefore the survey confirms the building, as built, complies with the approvals. However,the total required parking needed to assign parking for residential uses 294 units multiplied by two spaces=588;based on the LDC) and meet the retail space(6,812 divided by 250 square feet=28;per LDC)per requirement is 616. Thus the building as built, can not comply with the Land Development Code requirement of two spaces per residential unit. ^-*s;. ' South Miami t- F l o r l d s � r . 6 R I 2001 CITY OF SOUTH MIAMI MEMORANDUM To: Don O'Donniley AICP Date: October 4,2005 Planning Director From: Luis Kruger Re: 6001 SW 70"`Street Permit Facili4 Inspection(Parking) Per your request I conducted an inspection of the parking garage and the Off-street parking at the above referenced property and the following were my findings: 1) There is 30 Off-street parking spaces at the site (6 metered and 24 unmarked). However, one of the metered parking spaces was stripped as a no parking zone. I have contacted Public Works and they assured me that the meter would be removed. That leaves the site with a total of 29 Off-street parking spaces. 2) There is 560 unobstructed striped parking spaces in the garage parking area. a. Approximately 33 spaces in the parking garage are available to the general public either to guests of tenants or customers for the retail stores. b. There is 527 spaces with limited access in the parking garage. These spaces are reserved for the tenants of the condominiums. L Three spaces in the parking garage are obstructed by bicycle racks and another two are used for carwash. These spaces were not counted as parking spaces as they are currently under a different use. 3) The building has a total parking count, including garage and Off-street parking, of 589 spaces. cc file CADoa®ents and Setting UaugelMy Docammtsbid computer ffiesNem"MI SW 70 Smeetdoc