HomeMy WebLinkAboutSubmittal Letter-Brenda K. NewmanBuena Vista East Historic Neishborhood Assn
Miami 21 notes for Commission Melting June 28
LACK OF STANDARDS
There is a lack of standards when the Planning Director approves exceptions,
waivers, warrants, & variances.
7.1.2.6.b.4:
• When the Planning Director reviews an exception, all she has to do is "consider the
manner in which the proposed use will operate given its specific location and proximity
to less intense uses."
o Problem: No duty to deny it. If she considers and sees that the use will
interfere with the neighbors and their enjoyment of their homes, or
businesses and their ability to conduct business, she can still approve it!
o The code should add, "The director shall deny any exception which
proposes a use that would interfere with or hinder the uses currently
existing in the area or interfere with the ability of people to enjoy their
homes or run their businesses."
• "Particular consideration shall be given to protecting residential areas from excessive
noise, fumes, odors, commercial vehicle intrusion, traffic conflicts and spillover effect
of light."
o Too limiting: What about shadow? Increased residential traffic? Reduced
Privacy? None of these things are included. This list is way too limiting.
o This sentence should read, "Particular consideration shall be given to
protecting residential neighborhoods and residents' quality of life,
including but not limited to noise, fumes, odors, vehicle traffic, shadow,
intrusion of privacy, spillover effect of light, and other effects which may
reduce residents' quality of life or enjoyment of their homes and
neighborhood."
• Section 1305 of current code should be incorporated into ALL STANDARDS use
by Planning Director to evaluate all applications and in particular those for waiver,
warrant, exception, variance. ,
NOTICE OF APPROVALS & APPEALS
J
1) Article 7, Section 7.1.2.4.e & 7.1.2.5 a, b , c & e:
Appeal of determination of Planning Director shall be ... taken ... within 15 calendar
days of posting of the decision by the Planning Director to the City's Website. ZPP
Is-
• This is grossly inadequate: '
o First, web posting alone is insufficient — many people have no access t,
the web site (ex: elderly, poor, techno-phobes) — we ALL deserve
notification, not just the computer -savvy.
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o Second, web posting alone is against Florida's Sunshine & Public Records
laws. Fla Statute 119.01 states,
Automation of public records must not erode the right of access to
those records. As each agency increases its use of and dependence
on electronic recordkeeping, each agency must provide reasonable
public access to records electronically maintained ...
■ Web posting can supplement but cannot be a substitute to forms of
notification.
■ All notices of Approvals of the Planning Director should be mailed
by certified, return receipt to all abutting property owners, all
neighborhood associations registered with the NET office, and any
other interested parties who have requested such notification.
o Third, 15 days is insufficient. Should be 30 days.
■ Otherwise, we have to check the website every week for a year
or two??? = NOT reasonable.
• Code should ADD: Any permit for any structure more than 20% larger than the
surrounding neighborhood should require notice to neighbors and registered
associations be should be appealable. This will ensure that M2 I's principles about
transition and scale are incorporated.
2) Art. 7, Section 7.1.2.6.c.1, Exception and 7.1.2.7.e.1 Variance, and 7.1.2.8.f & h
Code Amendment:
• All these sections provide that "failure to give notice under this section shall not
invalidate a decision on an exception, variance or code amendment."
o The OPPOSITE should be put into the code. Failure to notify should
automatically rescind the permit.
o If there are no consequences to violating the notification requirement, then
there is no duty to notify. We all know that.
What is a "STORY:?
Section 3.5.1 Story =14 FEET HIGH (Section 3.5. 1)
• TOO HIGH! ! Should be 10 feet, 12 max!
• Otherwise, since T-4 is the "buffer" transect, we'll have 42 foot buildings next to
single family homes! It's too tall!
SUBMITTED INTO THE
PUBLIC RECORD FOR
ITEIVILL-a:_ON&6jo-i .
BVE & DESIGN DISTRICT
*GOOD
o THANK YOU for reducing the heights to T-4 abutting all single-family
and duplex homes.
*BAD
o T-6-12 — this designation is misleading because you'd think it would
only allow 12 stories. If that were true, we'd be very happy. But it actually
allows 20 stories! Just blocks from single-family homes. TOO TALL!!!
o Max in Design District should be 12 stories — along the highway only
o NE 2d Ave — T-4R/L/O — 5 lots in! This is intruding upon our historic
neighborhood. T-4 should only be on lots along NE 2 Ave — leave the
houses alone.
iUBMITTEDINTO THE
'PUBLIC RECORD FOR
TEMrza ON �s
o-1