HomeMy WebLinkAboutSubmittal-Proposed Amendment Detail Changes to Miami 21oOcA S
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Proposed Amendment Detail C
Miami 21 1
With the Why and How
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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 stories 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 -HD, 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 (stories) Miami 21 mandates ANY T-5 or T-6 property MUST be of
TWO STORY MINIMUM 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 per 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 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 VII.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 )1 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.
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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 nange7ffirrifilythis will make it nearly impossible
for business or structures to co
.d ar'G ♦ JLX.JJ, OCAAryaa v1•+— a W&IU
/ A) Within the Miami 21 code in any nonconforming buil ding or unit, if this tenant or
non -owner occupant sets a intentional fire or and emp oyee of the tenant sets and
/intentional fire t 'e City can deny ANY PERMIT TO BUILD OR REPAIR THE
OWNER'S OR NJ YBE YOUR PROPERTY!
This condition sho onliapply to owner occu i structures burned with intent.
B) Re-establishment of the use suble�t'C 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 VI1.53 - 7.2.2(c )4 (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)1 , Section 7.2.001b 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 difficult
due to the 50 percent rule based on an erroneous number used for property tax
Miami 21 needs to abandon this method of bench mar& ng valve throug
Miami 21 writing.
Pumo Properties, City of Miami Stakeholder since 1948 — Thank you, Bennet
Submitted into the public
record in connection with
item SPA, SP.2 & SP.3 on 09-04-09
Priscilla A. Thompson
City Clerk
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