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Home My WebLink AboutSubmittal-15101 & 5225 Biscayne Boulevard Appeal to Miami City Commission by Morningside Civic Association, et al. Nov 18, 2004 ***Hello, my name is Elvis Cruz, 631 NE 57 Street Miami 33137 ***Gentlemen, FAR is a maximum, not an entitlement. Proposed buildings must also comply with section 1305 of the zoning code. ***Here is the Design Review Criteria set forth in section 1305: Respond to the physical contextual environment taking into consideration urban form. 1 ***Respond to the neighborhood context. Create a transition in bulk and scale. The proposed buildings fail to meet these criteria from three aspects: ***First aspect: the width of the street. Biscayne Boulevard is only 100 feet wide at this point, relatively narrow for a commercial street. ***This is because Biscayne was never designed to be a commercial street, but was pieced together in the late 1920's by connecting a series of streets through residential, single family neighborhoods. ***This is why Biscayne curves and dog -legs. ***Accordingly, the lots along Biscayne were originally platted for single family homes, ***and are therefore very shallow. ***This is why there are still 15 of ra y — � 1 9- pkirr �a./ — t SUBMITTED INTO THE PUBLIC RECORD FOR ITEM ez_is ON ii -18-0 . 2 the original single family homes still standing on Biscayne Boulevard, and why the lots in question are only 135 to 127 feet deep. What is proper scale for a 100 foot -wide commercial street like Biscayne? ***Here is the Miami -Dade County Planning and Zoning Dept's ***Urban Design Manual. ***On page 14 it shows the preferred scale ***as having 3 story buildings. I quote: "'in this preferred example, the ratio is slightly less than 1 to 3. Human scale is achieved by a tight section, including landscape, three-story buildings, and an arcade and awnings which result in a comfortable space." *** Here are some illustrations from the same manual. They show two and three story *** buildings as examples of proper scale on a commercial corridor. ***The second aspect is the physical contextual environment taking into consideration the urban form of Biscayne Boulevard. *** This is Biscayne's context: from 48 Street, where the wide median ends, northward to the city limits at 87 Street, is a distance of 2.48 miles; in that distance there are only 14 buildings higher than 2 stories,*** and over 95% of the properties are 2 stories or less. ***There are only 2 buildings in that 2.48 mile stretch that will be as tall as the proposed buildings. One of them is the immigration building at 79 street, ***the other, at 5701, was built illegally in 1973 in that it did not have enough land area, which was discovered after it was built, and so Submitted Into the public record in connection with item z - s on l i - iP o4 Priscilla A. Thompson r-ih. r4~6 3 ***the developer had to buy the house behind it in order to receive a certificate of occupancy. Therefore, this building is not a valid example of existing scale, but it does show what will result if these buildings are allowed. The white wall on the right is 95 feet high, similar to the heights proposed. Look at how out of scale the building is to the house behind it. ***Here is the City of Miami planning department's publication for the Biscayne Boulevard Charrette. ***Commissioner Winton outlined the city's goals: "'The plan will establish standards that emphasize a human scaled, pedestrian friendly Boulevard, that promotes compatible development to respond to the context of the Boulevard and its immediate surrounding neighborhoods." *** This publication has 7 photographs and drawings of examples of good urban design and proper human scale for Biscayne Boulevard. All 7 exhibits depict 2 and 3 story buildings as examples of good design and proper scale. Here is the City of Miami Planning Department's Upper Eastside Master Plan, ***a 3 year effort which began on March 28, 1996, and which ***recommends a height limit of only 30 feet on parts of Biscayne. ***The third aspect deals with responding to the neighborhood context: The neighborhood abutting the proposed sites, Submitted Into the public record in connection with item IL- i r on I I^ 1 P -o Priscilla A. Thompson City Clerk n ***Morningside, is zoned R-1, has been there for over 60 years and is a ***thriving, integral component of Miami's history and economy. ***Because the submitted plans did not show the neighborhood context, here are scale drawings of the buildings with adjacent single story, single family homes. ***You can see the design is not only out of scale, there is no transition in bulk and scale whatsoever, in direct violation of the design review criteria. ***Also, as proven by Florida case law, 35 feet is an accepted proper scale for buildings adjacent to single family homes. From the Fifth DCA, Battaglia Properties vs Florida Land and Water Adjudicatory Commission, "'The 35 -foot height requirement appears to be reasonably related to the stated policies of both Orange County and Maitland, to preserve the residential nature of the area." Lastly, this continuing pattern of high-rise development along Biscayne will have an***adverse effect on the area. Biscayne is already beyond capacity. ***Here is the Florida DOT's map showing the Biscayne corridor. The red color coding you see means it*** has a grade of F, just like on a school report card. ***In summary, please note that none of these arguments are'our opinions. They are objective, impartial standards set by neutral third Submitted Into the public record in connection with item a-15 on 11-19-04 Priscilla A. Thompson City Clerk E parties. This substantial, competent evidence shows 35 feet to be the proper scale for buildings at this location. ***But even if you don't accept this definition of proper scale, there is also your own definition of proper scale; the amended SD -9, which set scale at 85/95 with a 45 degree sloping setback above 25 feet. While these applicants will argue that they should be grandfathered from the SD -9 amendments, they are not grandfathered from complying with 1305. Your own determination of proper scale can be applied as an interpretation of 1305, because ***FAR is a maximum, not an entitlement. ***Gentlemen, today is the 17th time that the Upper East Side neighbors have come to city hall to fight against high rises. At this time I ask those who are hear in support of our appeal to please stand and be recognized. Thank you. ***Please approve our appeal. ***Thank you. Submitted Intothe ub i record in connection with item 1'_-_.� n I I- � Q' Priscilla A. Thompson Clerk Control Growth .W Biscayne Boulevard. FAR is a maximum, not an entitlement. Submitted Into the public' record in connection with item.RE j�- ��`. 04 Priscilla A. Thompson Clerk Submitted Into the public record in connection with item N-45' on Priscilla A. Thompson City Clerk Submitted into the public record in conn16- ect til t- - 4 item_ With z"__.--- Prisc tta A• C ty Cterk The Urban Form of Biscayne: 95% are only 2 stories Only 14 buildings 3 stories or more, from 48 to 87 Street. Only 2 buildings in 2.48 miles are as tall as those proposed. Submitted Into the public record in connection with item92-f15 on Priscilla A. Thompson City Clerk 0 r 6d1 � r � u r ^'7 �� kuamt9rA smn�6� dn�t�,Pa�x, apn�9aekw �e� s�S°4Wu� kulsrtgn9„+w�, ha+;� , °,vurr� uww �rr�xa��uQt;�m ' V,VrQ ';d�,'�k�,e b �1� tl�M1� m�.Au'.'4lVb4 o9d aed �k"khl:u0 �w4or � 1,"ptlR1�4Mu vf'h � 0 �W�M li;�: w ldCm4 � 4 a rkdtllN7�" �' Only 14 buildings 3 stories or more, from 48 to 87 Street. Only 2 buildings in 2.48 miles are as tall as those proposed. Submitted Into the public record in connection with item92-f15 on Priscilla A. Thompson City Clerk 0 Submitted Into the public record in connection with item `P2-{5 on tr iu&1 - priscilla A. Thompson City Clerk i� 7rNrm , c r T�ii rr did% %r o%r% f/Il Submitted Into the public record in connection with item `P2-{5 on tr iu&1 - priscilla A. Thompson City Clerk f� f f/fr �t Submitted Into the public record in connection with item ?2-157on ,! - - I a b A Priscilla A. Thompson City Clerk N9 u f� f f/fr �t Submitted Into the public record in connection with item ?2-157on ,! - - I a b A Priscilla A. Thompson City Clerk Neighborhood Context, Transition in Bulk and Scale. Submitted Into the public record in conon nection with -)57 item p 2. 5 1 T. hompson Priscilla A. City CIerI4 Traffic rated: F MA 9 3 1• Submitted Into the public' record in connection i th item �'_?;._._ — Prisalla A• � � �1erk $ Proper scale according to the Miami City Commission, 9/27/04 Upper Eastside Neighbors: Our 17th appearance. Objective standards & evidence supports 35 feet. FAR is a maximum, not an entitlement. M our appeal. Submitted Into the public record in connection with item P?, -15- on 11 -1t -Y Priscilla A. Thompson City Clerk Thank you. Submitted Into the public record in connection with item P2 -I S on U ^ 8 4 Priscilla A. Thompson City Clerk 10