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Amendment to Miami 21
Change D1. Allow 9 to 24 dwelling units per acre BUT eliminate the
requirement of only 1 dwelling unit per "lot of record" i.e. per folio.
To clarify, please delete the requirement in D1 that limits dwelling
units to 1 unit per folio.
Amendment to Miami 21
0 Parks. Article V. Art 5.7.1.3 One or more buildings may be built in
1) each civic space. (Do not allow a cash strapped City to use green
park space as opportunities to build buildings.) Only 5%, not 25% of
a park should be allowed to be covered by buildings. Why not call
parks parks? Why call parks "Civic Space"?
SUBMITTED 11"I'TIto
THE
= PUBLIC RECORD FOR
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ITEM_.s'�� 'ON9 4
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Amendment to Miami 21
Require the Planning Department and the consultants and experts
from the public, including business owners who own businesses in
older buildings, to review and change the language in Article VII
referring to non -conforming uses and non -conforming structures prior
to Second Reading to create less non -conformities than will exist
under this proposed draft. There must be respect given to existing
usable structures and to existing uses and there must be respect to
adaptive re -use of older buildings. Other cities re -use their older
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buildings, why not Miami? (Keplinger states it might take 15-20 years
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for the real estate market in Miami to recover. We might as well do
adaptive re -use of all our old buildings).
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Amendment to Miami 21
Article IV. Art N.4 Allow single story buildings in T-5 and T-6.
(Many properties are only one story. Many tenants demand one story
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only. This reduces the number of non -conformities.)
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Amendment to Miami 21
Article VII. VII.41 7.1.3.5 Require objective criteria for the
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determination of "substantial modifications". Clarify. It should not
just be the opinion of the Planning Administrator.
Amendment to Miami 21
0 Parks. Article V. Art 5.7.1.3 One or more buildings may be built in
1) each civic space. (Do not allow a cash strapped City to use green
park space as opportunities to build buildings.) Only 5%, not 25% of
a park should be allowed to be covered by buildings. Why not call
parks parks? Why call parks "Civic Space"?
SUBMITTED 11"I'TIto
THE
= PUBLIC RECORD FOR
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ITEM_.s'�� 'ON9 4
e9 .
Proposed Amendment Detail Chanes to
Miami 21
With the Why and How
Page IV.S Table 2 and 3 (and within all other related areas within the various tables)
> Live/Work, as within Residential Table 2, with Residential dwelling use being the
primary occupancy: Increase from 9 units per Acre to 24 units (note: up to 8 stones are
allowed by right)
> Work/Live as within Commercial Table 2, with the Commercial Use being the primary
use of the occupancy, code should maintain 9 units to the acre as `By Right" with this
primary occupancy to be a ground floor occupancy only within these districts CI -IID, D-
1, D-2*. The Work/Live component in D-2 will not be approved if within or adjacent to
an H occupancy (of the hazardous or noxious type)- Any Work/Live component shall be
located within the building with rated walls to separate the commercial occupancy with
egress and windows to an area to the public thoroughfare as to maintain "Eyes on the
Street".
>Building Height (stones) Miami 21 mandates ANY T-5 or T-6 property MUST be of
TWO STORY MINVAUM for new construction or even a rebuild after a disaster. With
millions of existing single story footage for both residential and commercial property
how can DPZ proclaim nonconformity use will not be an issue. This two-story minimum
must be omitted from all areas and tables within the Miami 21 proposed code.
Page IV. 17 Article 4 Table 4 (standards)
Within residential omit from Table 4 all areas "I unit aer lot of record'
Page IV.6 Article 4, Table 3 (building function: uses)
>Under D-1 remove "by warrant" for a Re -defined LIGHT manufacturing i and
processing or Light Industrial as this zone was originally approved by this board. It is
now work/place but with only very limited by -right places to work. This D-1 needs Light
Industry redefined page I.8 article 1, as many D-1 were I -Industrial zones. This will help
to curb the nonconforming use and structure so devastating in M21.
Page VH.51 (Nonconformity- these inserts will help sustainability to the economic job
base and continued neighborhood commerce verses vacant structure's and less jobs.
7.2.1(a)1 - add after competent jurisdiction "or this code" has.........
7.2.1(a)2 — add after change is "of the same or lesser degree of nonconformity or"
otherwise is lawful .........
7.2.1(b) intent — add after may not be reestablished "to a greater degree of
nonconformity in use or in structure," except under ........
Page V11.53 Article 7 — 7.2.2(c )l and 7.2.2(c )2
Bases Nonconforming use permits to re-establish after fire, disaster, etc. on the structural
assessment only within the 50 percent rule.
Submitted into the public
record in connection with
item SPA, SP.2 & SP.3 on 09-04-09
Priscilla A. Thompson
City Clerk
First; this property tax number is not representative of the structures true value. It is
only a number assigned and weighted by many factors for property taxation. Besides
being an erroneous number how can a business value be compared and subject to a
structure value?
Any Business should be able to re-enter the market place within the same structure to
same or lesser degree of nonconformity within a specified period.
This section also must change the requirement for this nonconforming use must only be
reestablished in a conforming structure ! As most improved properties in the adoption of
Miami 21 will have some degree of nonconformity, this will make it nearly impossible
for business or structures to comply.
Page VH.53, Section 7.2.2(b)3 — a &b
A) Within the Miami 21 code in any nonconforming building or unit, if this tenant or
non -owner occupant sets a intentional fire or and employee of the tenant sets and
intentional fire the City can deny ANY PERMIT TO REBUILD OR REPAIR THE
OWNER'S OR MAYBE YOUR PROPERTY!
This condition should only apply to owner occupied structures burned with intent.
B) Re-establishment of the use subject to a decision of "Reasonably Necessary" that
requires hearing, area notices and actions with decisions of conjecture. This does affect
the occupant's ability to effectively sustain business and neighborhood jobs base.
Additionally 7.2.2(c )4 page VII -53 time impossible as written time constraints to
complete all applications, hearings, City plans processing, permitting, repairs or
reconstruction, building final inspections and all certificate of use approvals all within 12
months of the destruction or disaster.
Page VH.53 = 7.2.2(c A (use termination if not completed in 12 months)
As shown above Miami 21 only gives the occupant or building owner 12 months for 100
PERCENT completion for TURN KEY restoration or the use SHALL TERMINATE.
With all of the hoops the Miami 21 code has in place plus City permitting approvals, then
the actual construction with building final inspections AND then the CU Inspections for
the actual business occupancy ALL in 12 Months. This must be removed or the time
extended.
Section 7.2.3(b)l , Section 7.2.6(C)lb and many other sections within Miami 21 both
conforming and nonconforming are subject to 50 percent rule as to "valuation of the
structures assessment"! This is a bad number, it has no meaning as to actual value
because it is a skewed number effected by many variables within the taxation evaluation
process for total property values by the taxing authority, Miami -Dade County.
Re -adaptive Use in Miami 21 for both conforming and nonconforming is very difficul
due to the 50 percent rule based on an erroneous number used for property tax evaluatio
Miami 21 needs to abandon this method of bench markinZ value through the entire
Miami 21 writing.
Pumo Properties, City of Miami Stakeholder since 1948 — Thank you, Bennet Pumo
submitted into the public
record in connection with
item SP.1, SP.2 & SP.3 on 09-04-09
Priscilla A. Thompson
City Clerk
Zoning News: Nonconformity Regulation
See attached article and following site:
http_//www.nh.gov/oep /resourcelibrar , /referencelibrary/n /nonconformingu
ses /documents /zoningnewsaprOI:pdf
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See page 5. Great quote from Jane Jacobs.
VAs Jane Jacobs wrote in The Life and Death of Great American Cities:
"Cities need old buildings so badly it is probably impossible
for vigorous districts and streets to grow without them."
Many nonconforming commercial and industrial buildings
can be used for residential purposes and offer exciting loftstyle
designs marketable to a wide range of people.
Nonconforming structures in neighborhoods can
accommodate walk -to -neighborhood services and work...
/\ * DPZ and Miami 21 have not given enough respect to older buildings.
They call them non -conforming. Miami is full of old buildings.
* DPZ claims they have fixed the problems in the non -conforming uses
and non -conforming structures language but they have not.
Submitted into the public
record in connection with
item SP.1 SP.2 & SP.3 on 09-04-09
Priscilla A. Thompson
City Clerk