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HomeMy WebLinkAboutSubmittal-Miami Neighborhoods United Analysis of Miami 21's Final Draft of August 3, 2009Miami Neighborhoods United Analysis of Miami 21's Final Draft of August 3, 2009 Tuesday, September 1, 2009 — Q:50 pm Miami Neighborhoods United, a coalition of 18 neighborhood associations. was formed to preserve and protect Miami's single-family and duplex neighborhoods. Miami 21, in section 2.1.2. declares its first conservation goal as being "preserving neighborhoods". This analysis of Miami 21 was done with the same goal in mind. A brief summary of MNU's position on the Miami 21 Atlas. First and foremost, by far the most important aspect of Miami 21 is the zoning atlas. In order to preserve and protect neighborhoods, MNU has long advocated a 35 foot height limit along commercial corridors outside downtown, with certain specific exceptions such as the Civic Center and the Airport Lake area (Between LeJeune and Red Road, North of NW 7 Street.) M21 proposes an excellent concept with T40 zoning, as this is a 3 -story height limit which 1�1 the logical zoning category to have along commercial corridors, especially where they abut low density single-family and duplex neighborhoods. W ' MNLi strongly urges our commissioners to implement T4 zoning along any commercial corridor that abuts any currently zoned single-family or duplex neighborhood. Up -zoning a single family or duplex property to circumvent the T4 zoning should not be allowed. An analysis of the Miami 21 CODE and MNU's position. In general, the code appears to have many examples where objective critoria have been substituted for subjective criteria, under the guise of flexibility. This can lead to major problems vis-a-vis inconsistent protection of neighborhoods. In this analysis, any text or paraphrasing from the Miami 21 code is in regular type, with MNU's analysis comments in italics. ITEM 1: I.13. Building height is measured in stories. II1.7 3.5.1 Unless otherwise specified herein, the Height of Buildings shall be measured in Stories. o-oi315c! - vn�`� H7a srs oF 0+ R u jr S . 3, ?-00? Submitted into the public record in connection with item SP.1 SP.2 & SP.3 on 09-04-09 Priscilla A. Thompson City Clerk 2 I11.7 3.5.2 A Story is a Habitable level within a Building of a maximum fourteen (14) feet in Height from finished floor to finished floor. Basements are not considered Stories for the purposes of determining Building Height. A ground level retail Story may exceed this limit up to a total height of twenty-five (25) feet. A single floor level exceeding fourteen (14) feet, or twenty-five (25) feet at ground level retail, shall be counted as two (2) Stories. Where the first two stories are retail, their total combined Height shall not exceed thirty-nine (39) feet and the first floor shall be a minimum of fourteen (14) feet in Height. MNU strongly opposes this concept. Building heights should be measured in feet, in addition to the maximum number of stories allowable. Use 25 / 14 only in downtown, 15 / 10 elsewhere, as is the standard. And why an arbitrary minimum of 14 for the ground level retail? V.21 The below drawing shows a T5 building abutting T3. Same in V.31 with T6. Man SIDE d REAR T3 The above draia'ing shows the first and second door of the T3 as having the same height as the T5, but M21 proposes allowing a 25 foot first/loor, and 14 foot floors above that. The drawing needs to be redone to show 25/14, up against a 9 foot tall house, currently standard for most single family homes. The drawing, below, shows M21 's real dimensions and why it is inappropriate to have 25 and 14 foot high floors outside the CBD. Submitted into the public record in connection with item SP.1. SP.2 & SP.3 on 09-04-09 2 Priscilla A. Thompson City Clerk ISS FEET IF r 9RfX1MD r_DAIt I r GRA !Ir FL{y0q 1 �:-. -- su+nLSFiwnr MAW21 • TSBUI MNG FUSE - WAM12T • T" BUILDING X u Above you see the real effect .121 's proposed 25 i 1 4 floor heights would have on a neighborhood. I 3 Suggestion: Apply the 25 and 14. foot maximums only in downtown. Outside downtown, make it 15 and 1 D feet. From it -hat Elizabeth Plater-Zyberk (the Miami 21 consultant) has said, 2511.1 would not be economic cilli, feasible outside of an intense commercial area anyway, so there would be no harm in limiting it that way. ITEM 2: Page I.13 The phrase "by right" is used throubliout the entire document, but it should be replaced with "allowablebecause nothing in Miami 21 is "by right" or "as of right ", as we have been told by Planning Dept staff and as is verified in other places in the ,Miami 21 code, such as: 11.9 2.2.4.1 In their interpretation and application, the provisions of this Miami 21 Code shall be the minimum requirements or maximum limitations, as the case may be, adopted for the promotion of the public health, safety, morals or general welfare. Even though the definition of "by right" we ntrons zoning review and approval, to the average citizen, "by right" conveys a sense of undeniable buildable rights, contrary to the definition given in M21. Most specifically, "by right" should not apply to building heights. ITEM 3: Submitted into the public record in connection with item SPA, SP.2 & Sp- 3 on 09-04-09 3 Priscilla A. Thompson City Clerk 4 46._0. to MECHANSCMXNICALF7 ,.t7t'.YR COLMM I u YjkL I IbP�T r f I fisti 56TCIpIEU to f >z1�rPc 987DNTE9 14 I r 1 14 1I .a I ! 5.1 T£ET Ic.J r "cuw 46 FEET I j 31 KP I 1 1 r I � I IF r 9RfX1MD r_DAIt I r GRA !Ir FL{y0q 1 �:-. -- su+nLSFiwnr MAW21 • TSBUI MNG FUSE - WAM12T • T" BUILDING X u Above you see the real effect .121 's proposed 25 i 1 4 floor heights would have on a neighborhood. I 3 Suggestion: Apply the 25 and 14. foot maximums only in downtown. Outside downtown, make it 15 and 1 D feet. From it -hat Elizabeth Plater-Zyberk (the Miami 21 consultant) has said, 2511.1 would not be economic cilli, feasible outside of an intense commercial area anyway, so there would be no harm in limiting it that way. ITEM 2: Page I.13 The phrase "by right" is used throubliout the entire document, but it should be replaced with "allowablebecause nothing in Miami 21 is "by right" or "as of right ", as we have been told by Planning Dept staff and as is verified in other places in the ,Miami 21 code, such as: 11.9 2.2.4.1 In their interpretation and application, the provisions of this Miami 21 Code shall be the minimum requirements or maximum limitations, as the case may be, adopted for the promotion of the public health, safety, morals or general welfare. Even though the definition of "by right" we ntrons zoning review and approval, to the average citizen, "by right" conveys a sense of undeniable buildable rights, contrary to the definition given in M21. Most specifically, "by right" should not apply to building heights. ITEM 3: Submitted into the public record in connection with item SPA, SP.2 & Sp- 3 on 09-04-09 3 Priscilla A. Thompson City Clerk 4 111.24 3.14.1 The bonus shall not be available to properties in a T6 Zone if the property abuts a T3 Zone. Good, but should be modified to apply, to all properties currently zoned T3, so as to al'ord progressive up -zoning in the future. Also, perhaps this should also apply to CS? ITEM 4: 1 ,0; 1'.27: Article 4, Table 12, "Design Review Criteria" As the planning &IcPartincnt %>'icl;: stated, in writinrr, "Section 1305 as referred to in Ordinance 11000 will be incorporated in its entirety within the Miami 21 zoning code revisions. " This is simply not true: it has been changed very much from how it appears in 11, 000, where it runs for 9 pages, while in X1121 it is only, one page long. Also, section 1306, from 11, 000, should also be included in M21, because 1306 g!ves�t�e cip,the authority, to enforce 1305. All of 1305 and 1306 .should be included in M21. ITEM 5: Drastic changes to 11,000's "GI ordinance " are mac c, in M21. V.43 5.7.2.6 In the event that a Civic Institution Zone ceases to be used for Civic Institution Uses, it shall be developed either in accordance with the regulations of the most restrictive Abutting Transect Zone or by process of rezoning, subject to the limitations of the Comprehensive Plan. On the same top] c. from another area of M21: VI1.30 7.1.2.8 Amendment to Miami 21 Code a. Successional Zoning. 1. When a Cl zoned property ceases to be used for Civic functions, the successional rezoning is determined by identifying the lowest Intensity Abutting Transect Zone, and rezoning to that Zone's next higher Ilitensity Zone. These sections weaken the GI ordinance, which states: 11,000, Section 401, under G/I Government and Institutional: Submitted into the public record in connection with item SPA, SP.2 & SP.3 on 09-04-09 4 Priscilla A. Thompson City Clerk 5 Uses ancillary to these [ government / institutional ] uses are allowed to a maximum density and intensity equivalent to the least intense abutting zoning district, subject to the same limiting conditions. To preserve the intent ofthe GI ordinance, the successional zoning in X121 should be the same as the least intense abutting, not the new higher. We also need language to prevent a CI property from carving out apiece of property in order to insulate them from abuniirg transect zones, such as was attempted at Mercy. ITEM 6: V.5 5.3.2 For T3 -R and T3 -L, second story lot coverage shall not exceed thirty percent (30%). Good far those two transects, but it does not apply to T3-0, so it would still allow duplex McMansions, as has been happening in Coconut Grove. Should be changed to include T3-0. ITEM 7: 111.12 b. Deferral period, revocation of permit: notice of revocation. A deferral may be allowed for up to five (5) years without provision for renewal except upon application for a new Waiver. All applications for deferral shall be reviewed and approved by the Planning Director before issuance by the Zoning Administrator. What are the objective criteria for the deferral? Now does this protect the deferral process from favortism / politic,v ? Isn't it currently only 2 years:' Make it 2 years. ITEM 8: 111. 18 3.9.1 Special Area Plans 10. Flexible allocation of development capacity and Height, excluding Density on individual sites within the Special Area Plan shall be allowed so long as the capacity or Height distribution does not result in development that is out of Scale or character with the surrounding area, and provides for appropriate transitions. .i r... -r, •,, tivr. r._. h %rr:-irS without nrn,.lt,.,_ .- . Submitted into the public record in connection with item SPA, SP.2 & SP.3 on 09-04-09 5 Priscilla A. Thompson City Clerk CI "1,7exible allocation of development capacity and height" —what exactly does that mean? Who decides it, and using what criteria? This can lead to problems, especially if it is abutting or adjacent to T3. "not... out of Scale or character" sounds good, but again, who decides if something is out of scale or character? The same planning dept that recommended approval of the Mercy condo lowers? ITEM 9: IVA Table on Lot Occupation: Maximum lot area is 40,000 square feet.. 40, 000 sf as a maximum in T5 is too much. M21 originally suggested 30k. Suggestion: Take it back to 30K as a T5 inem Building height in T5 is a minimum of 2 stories. Why are single story buildings not+allowed in, T5? -.This -would make it more expensive to build a minimum -sized building. What about restaurants and gas stations? Every single -story building in T5O commercial areas would then become a non -conforming use. ITEM 10: IVA Table on Lot Occupation: There is a zero side and rear setback in T5 abutting T5 or higher. Wouldn't this allow windowless apartments? Where would you plant trees? This is in conflict with LEED.s, which advocates sunlight. Similarly: 1.19: Note this definition: Habitable Space: Building space which Use involves human presence with direct view of the enfronting streets or public or private Open Space, excluding Parking Garages, self- service storage facilities, warehouses, and display windows separated from retail activity. now is that compatible with the zero side and rear setbacks allowed in TS? How can tw- '- by -side buildings, up against each other with zero setback have windows between them? Submitted into the public record in connection with item SPA, SP.2 & SP.3 on 09-04-09 Priscilla A. Thompson City Clerk 7 MNU's position is that zero -setback T5 buildings should only be allowed in downtown ars cts. (Is downtown defined as the area bordered by the Miami River, Biscayne Bay, 1-95 and 1-395?) ITEM 11: V11.3 Article 7 The "Permitting Process Diagram" on this page has eliminated public hearings for Iarge building projects - No more MUSPs. If there is no waiver, warrant, exception, � �iriance or zoning change involved, they are "by right" and get a building permit. This is an outrageous limiting of public involvement. Just as before, public hearings and city commission approval should be required of any large building. Suggested criteria: any building over 3 stories and or =� units should have a public hearing. ITEM 12: V1 1.15 7.1.2 Permits Permits issued in error shall convey no rights to any party. The Zoning Administrator shall require corrections to be made unless construction has commenced on that portion of the construction that was permitted in error. V11.43 7.1.3.6 Approvals granted in error do not authorize violation of this Code; corrections required. a. An approval issued in error shall not confer any rights to construction or occupancy, and upon a finding that a permit has been so issued, it shall be revoked unless construction has commenced on that portion of the construction that was permitted in error. I his is improper and could lead to abuse of the system, or allow bad construction to stand. We need protection against hurried construction on an error, like a stop -work order if the permit is being challenged. ITEM 13: V1I.17 7.1.2.2 c. The Board shall determine whether the administrative determination is upheld or rescinded. The ruling of the Planning, Zoning and Appeals Board may be further appealed to the City Commission, and must be filed with the Office of Hearing Boards within fifteen (15) calendar days of the Board's issuance of its ruling. Submitted into the public record in connection with Illi �,�,I�l� i e'- item SPA, SP.2 & SP.3 on 09-04-09 7 Priscilla A. Thompson City Clerk 8 The above paragraph .should include "De Novo " afier the word "appealed". so that appeals to the City Commission are de novo appeals, as is currently the case, as is stated in Miami 21 for PZAB appeals. Suggested language: "An appeal of 'a planning determination, if sought, shall be de novo." Another problem with this same section: Before appeal of any action to the City Commission, the appellant is required to have exhausted administrative remedies by appearing on the record at the hearing before the Planning, Zoning and Appeals Board. In addition to requirements of the Hearing Boards Office, the filing of the appeal shall state the specific reasons for such appeal, together with payment of any required fee. The appeal may be filed only by the applicant or any person who appeared of record at the Planning, Zoning and Appeals Board hearing on the decision being appealed and who is aggrieved by the action of the Planning, Zoning and Appeals Board. This is onerous, and much more restrictive than the current. Anyone should be allowed to appeal do novo to the citycommission, ommisslon, even if they dill not appear at the PZAB or are "aggrieved", whatevcr that would be interpreted to mean. Who decides who is aggrieved? The city? Important note: the same situation applies to 7.1.2.3, and other sections, such as Warrant, Waiver, Exception and Variance, which have similar language. ITEM 14: VII.20 7.1.2.4 4. A Warrant shall be valid for a period of two (2) years during which a building permit or Certificate of Use must be obtained. It should be one year, as it was before, It was changed in the M21 red -line version Nov 5, 2008. Note that the same situation applies to other sections, such as Warrant, Waiver, Exception, and Variance, which have similar language Appeals to PZAB and City Commission should he free, not the current $500. ITEM 15: VI1.21 7.1.2.5 I This section includes a listing of 25 d�jerent waiveable deviations from the code. In general, there is too match power to waive requirements administratively, such as parking. This makes it difcultfor the public and neighborhoods to protect themselves. There shoidd be public hearin(,s at PZAB for the 25 waiveable items in this section, not just public notice and an administrative decision. Appeals to PZAB and City Commission should be free, not the current $500. ITT:M 16: NOTICE requirements: V11.23 c. F=a;!uFe to give RGtiGe undeF this GeGtien shall .. Fortunatelv, this outrageous sentence has been struck from the many places it appears throughout the article, wherever notice is mentioned as you see above. It would have alloivcd the city to not give notice, without penalty, Suggestion: Leave the sentence in, but strike the word "not" from each and every occurrence, like this: Failure to give notice under this section shall ne� invalidate a decision on a Waiver. That sentence would sc°rve as a stronger protection against notice.failures, as happened in the past ii-ith Buena Vista East. That it-ould force the city to actually do their job and give proper notice. Notice that this should apply to administrative decisions, warrant, waiver, exceptions and variances; anything that requires a public notice. ITEM 17: VII.42 7.1.3.5 d. Modifications to special permits and Variances approved under a previous code. 1. An applicant may modify a special permit approved under a previous zoning code, as a minor modification through the Warrant process, if the components being modified will after modification be in compliance with this Code, even though the remainder of the approved development plan is not in full compliance with this Code. The special permit may be amended with modifications that the Planning Director determines not to be minor, and variances may be modified according to the following procedures: a. Cass I Special Permits shall be amended pursuant to Chapter 62 of the 10 City Code. b. Class II Special Permits shall be amended as a Warrant. c. Special Exceptions and Major Use Special Permits shall be amended as an Exception d. Variances may be modified as a Variance. This loophole should not be allowed: Class 2 and MUSPs should h(we to reapply or go to public; hearing, or both. ITEM 18: VI1.42 7.1.3.5 3. The expiration date for any Class II Special Permit, Major Use Special Permit or Variance approved under the Zoning Ordinance 11000 in effect immediately prior to the date of adoption of this Miami 21 Code may, upon application to the Director by the owner, be extended from its original expiration date as follows: a. Class II Special Permits, Special Exceptions and Variances shall be permitted no more than one (1) time extension for a period not to exceed twelve (12) months. b. Major Use Special Permits shall be permitted no more than two (2) time extensions for each time extension period not to exceed twenty-four (24) months. YYhat criteria is there for determining if the extension should be granted? Is it totally at the discretion of the Director? No public involvement? This is not fair, as there is nothing to prevent special-interest group influence. Extensions to previously approved Class 2 permits, Variances, MU.SPs and Spacial Excep!ions should have to reapply or go to public hearing, or both. ITEM 19: VI1.44 7.1.4.1 Intent The intent of this section is to establish procedures to ensure procedural due process and maintain citizen access to the local government decision-making process for the review of certain applications that require quasi-judicial hearings. These procedures shall be appiied and interpreted in a manner recognizing both the legislative and judicial aspects of the local government decision-making process in quasi-judicial hearings. Failure to observe the procedures set out herein shall not provide a separate cause of action to challenge the decision of the decision-making board. 10 11 This is a denial of due process. Is this even legal? The city doesn't even have to follow its own rules? The boldface sentence should be stricken. ITEM 20: 111.11 3.6.7 The applicant shall submit plans which demonstrate how the remaining parking may be accommodated in the event that the housing becomes market rate housing at some time in the future. Suggestion: Change the "may" above to "will ". ITEM 21: II.7 2.2.1.1 - Zoning Ordinancel 1000 will still apply to Midtown and Miami World Center, although the M21 appeals process, which decreases public involvement, would also apply. It makes no sense to have two different zoning ordinances at the same time. JV17y are these two private projects being given special treatment? ITEM 22: 111.25 3.14.3 The proposed bonus Height and FLR shall be permitted in exchange for contribution to the City for the following public benefits: affordable/workforce housing, Public Parks and Open Space, Green Buildings, Brownfields, and Civic Space or Civil Support space. The City shall establish a Miami 21 Public Benefits Trust Fund for the cash contributions for Affordable/ Workforce Housing, Public Parks and Open Space, and Green Building certification shortfall penalty made under this section. The City Commission, upon the manager's recommendation, shall annually decide the allocation of funds from the Trust Fund collected under this section. All cash contributions thus allocated by the Commission to support affordable/ workforce housing shall be deposited in the Affordable Housing Trust Fund for expenditures pursuant to the guidelines adopted by the City Commission. All cash contributions thus allocated by the Commission to support Parks and Open Space shall be deposited in the Parks and Open Space Trust Fund,,set forth in Chapter 62 of the City Code, to be expended in accordance with the guidelines outlined therein. Suggestion: Post an on-line spreadsheet of the various trusi. fund contributions / balances / uses.) 11 12 ITEM 23: V.17 and V. 24 5.5.1 and 5.6.1 j. Maximum Lot size as shown in Illustration 5.5 (and 5.6) may be increased by Exception for Uses that serve the Neighborhood. What are "uses that serve the neighborhood?" That is vague, undefined and open to convenient interpretation. M21 should either disallow exceptions to the max lot size, or define criteria for the exception. ITEM 24: V.42 5.7.1.4 In Civic �paccs, Buildings shall conform to regulations of the most restrictive Abutting Transect Zone, except as shown by City of Miami's Parks and Public Spaces Master Plan. Other adjustments to the regulations shall be approved by process of Exception. Not sure what is on the Parks anti Public Spaces Master Plan, but what exactly is meant by "Other adjustments to the regulations shall be approved by process of Exception"? _ gnirt. the door is left open for potentially undesirable changes. ITEM 25• 0/ 1010 How(- VI.'_' 6.4.1 Personal Wireless Service Facility allowed in T3 to 35 feet. T4 to 60 feet. 35 foot tall antennae should not be allowed in T3. ITEM 26: ITEM 27: VII.25 7.1.2.6 3. Projects equal to or less than two hundred thousand (200,000) square feet of floor area shall be reviewed by the Planning Director and the Zoning Administrator without need for review bythe Coordinated Review Committee, unless the Planning Director and Zoning Administrator determine that review bythe Coordinated Review Committee is necessary. 200,000 sq feet is the size of two Home Depots! The cutoff should be 30,000 square feet. Anything above that should go to the CRC, even for an Exception. 12 13 ITEM 28: VII.-:, 7.1.2.8 7. Waiver of time limits. The time limits set forth in this subsection g. may be waived by a vote of at least three (3) members of the City Commission when such action is deemed necessary to prevent injustice or to facilitate development of the city in the context of the adopted Comprehensive Plan, or any portion thereof. This is similar to: VI1.44 7.1.3.8 Resubmission and Withdrawal of Applications Requiring Public Hearing. a. Whenever an application has been denied, the city shall not thereafter consider the same application for any part or all of the same property for a period of eighteen (18) months from the date of the denial. b. Whenever an applicant has voluntarily withdrawn an application after the application has been scheduled for a public hearing, the city shall not thereafter consider the same application for the same property for eighteen (18) months from the date of the withdrawal. c. The time limits set by paragraphs a. and b. above may be waived by a vote of not less than three (3) members of the decision making body when such action is deemed necessary to prevent injustice or to facilitate development of the city in the context of the adopted Comprehensive Plan, or portion thereof. This is subjective and vague, as it could apply to anti item. All development is already required to be in the context of the comp plan. Time limits should not be waiveable, to protect the public interest. ITEM 29: VIIAI 7.1.3.5 Modifications to Applications Requiring Public Hearing a. Modifications to applications after processing begins. An applicant may modify an application filed with the Office of Hearing Boards after processing begins and prior to the public hearing if the modifications are not substantial. Otherwise, a new application must be made and fee paid. Whether a proposed modification is substantial shall be determined by the Zoning Administrator, according to whether the requested modification requires a Variance or Exception. .1 :.'Jptvu or portiw► t �, There should be objective criteria fur the determination of "substantial ", notjust the opinion of the Zoning Administrator. A modification can be substantial tii,*ithotit requiring a variance or exception. ITEM 30: ITEM 31: ITh.M 32: VII.46 7.1.4.4 c.The official file shall be available for inspection during normal business hours. Suggested addition: and be posted on-line at least 6 days prior to the meeting. ITEM 33: VII.48 7.1.4.6 Rules of Evidence f. Documentary evidence may be presented in the form of a copy of the original, if available. A copy shall be made available to the Decision-making body and to the staff no later than two business days prior to the hearing on the application. Note the 2 day deadline. It should be at least 6 days, to require posting on a Friday for a commission meeting the following Thursday. It should also require submission to the public folder and on-line posting. ITEM 34: V11.49 7.1.4.8 The record All evidence admitted into the record ai the hearing, and the adopted development order of the Decision-making body shall be maintained by the City Clerk in a hearing file for a period of at least forty-five days (45) from issuance of the decision. Should also be posted on-line for at least 10 years afterwards. ITEM 35: 14 14 15 V11.49 7.1.5 Appeals There is no mention of an appeal fee. It is currently 5500. The public should not hmv to pay to appeal an issue to their appointed or elected officials. ITEM 36: V.42 5.7.1.3 One or more Buildings may be built in each Civic Space. Building floor area shall not exceed twenty-five percent (25%) of the lot area of the Civic Space, and shall support the principal use of the Civic Space. 25% is too much park land to become a building. Suggestion: Only 5% of a park should be allowed to be covered hY a building. (Why does M21 call parks "Civic Space"? Why not still call them Parks, PR?) ---------------- 15