HomeMy WebLinkAboutBalans 2 argumentsBalans SD-12 overlay, second reading
At Miami City Commission September 22, 2005
[ Open with Balans Yes on screen. ]
Elvis Cruz, 631 NE 57 Street, on behalf of the Morningside Civic
Association, and in support of our neighbors in Bayside and Palm
Grove.
Gentlemen, We welcome a Balans restaurant to Biscayne Blvd, but
we oppose this SD-12 overlay for 3 reasons.
*** 1. There is no hardship to justify this change in zoning.
As we all know, someone cannot claim hardship when they have
created the condition for which they are now claiming hardship.
*** The applicant knowingly and voluntarily bought these two R-1
lots, even though they are not zoned for the intended use.
*** This slide shows the commercial lot in blue and the two R-1 lots in
green. About 60% of this land is zoned R-1. [ 17,195 sq ft ]
*** There are many other, more suitable properties along Biscayne
that this successful restaurant chain can still buy or lease.
*** 2. This is a commercial intrusion into a residential area. This
would be a bad precedent, and should not be allowed anywhere in
Miami, but especially this area, which is not only the Bayside historic
district, but its most historic street, 68 street, known to historians as the
Elmira colony, after the early Miami pioneers who arrived there in
1899 from Elmira, New York. Platted in 1909, the pavement on 68
street is only 16 feet wide, with no sidewalks, and certainly no room
for parking. Incidentally there is a neighbor who lives across the
street and one house down from the restaurant was opposed to this
overlay at the first hearing. Since then she has been promised some
goodies by the developer and has reversed her position.
3. Even with the overlay, there simply is not enough parking for the
150-200 seats Mr. Balans has stated the restaurant will have.
The applicants have attempted to find a location for off -site valet
parking, including Morningside Elementary school. Allowing a
commercial parking lot in a residential area should not be allowed
anywhere in the city. For example,
Commissioner Regalado, how would your constituents react if a
restaurant were to set up a valet parking lot at Fairlawn or Silver Bluff
Elementary, with all that late night traffic?
Commissioner Sanchez, what if this were done at Coral Way
Elementary?
Commissioner Gonzalez, if this were done at Comstock elementary?
Commissioner Allen, if this were done at Toussaint L'Overture
Elementary?
At the first reading of this item I was directed by commissioner Winton
to meet with Mr. Balans and to consider alternative locations.
I met with Mr. Balans and his architect, Mr. Mosscrop, for a pleasant
and frank conversation.
Three important items came out of that meeting.
Item #1 The Great Parking Loophole.
I saw what appears to be a gaping loophole in the city's zoning
code. The parking requirement for a restaurant is 1 parking space
per 100 square feet of the interior square footage of the restaurant.
Here are the plans for the proposed restaurant; shaded in blue is the
1700 square foot interior, so this restaurant is required to have 17
parking spaces. That interior has about 34 seats, so that makes some
sense. But shaded in pink are at least 122 additional seats that are
outside, under an awning or along the sidewalk.
Because they are outside there is no parking requirement for those
122 seats. This is a completely illogical loophole in the zoning code.
Also note that the seating capacity I've mentioned is what is stated
on the plans, but careful scrutiny of those plans reveals the potential
for a much larger number of seats. If this variance is allowed, you'll
have a 150 to 200 seat restaurant with only 17 spaces on site. This
building has been purposely designed to circumvent the intent of
the parking requirement by taking full advantage of the loophole.
Gentlemen, regardless of what you decide today on the SD-12
overlay, please close this loophole that allows outside seating to
have no on -site parking requirement.
Item #2 Alternative locations.
As Commissioner Winton directed, I researched alternative locations
in the area. Here are 10.
1. The former OLA restaurant, currently vacant. Already built, only
need to remodel, has a parking lot.
2. The Maule building, former home to Donnelly Advertising and the
American Heart Association. This is my personal favorite. Here is an
endangered 1954 Miami Modern architectural gem, a currently
vacant 3 story office building, with a vacant lot next door. Ideally, a
partnership could be formed to restore the building, have the
restaurant on the ground floor, with offices upstairs. This would be a
win -win situation all the way around and Mr. Balans would be the
toast of the Upper East Side.
3. Newly renovated building at 64 and Biscayne, currently vacant.
4. The American Legion Post. They have a bayfront dining room and
plenty of on -site parking. The lease becomes available from time to
time. No building to construct, no mortgage to pay. Not on the
Boulevard, but a great view.
5. This Kwik Stop, which is next door to the site Mr. Balans already
owns, could be used for parking. [10,000 sf. ]
6. Former Mosaiques restaurant. Currently empty.
7. 74 street, big vacant lot, 38,312 square feet
8. 75 street another big vacant lot, 46,695 sf
9. At 87 Street, Former Fish Peddler. Already built, has parking. [
33,000 sf ]
10. The former Mike Gordon's. Not on Biscayne, but would have
nice bay views, and a restaurant there would be much preferred by
the neighborhood than a high rise. Again, already built. 28,297 sf
The last item is feasibility.
As I told Mr. Balans and Mr. Mosscrop, the neighborhoods along
Biscayne want your restaurant to come to our area and be
successful, but I feel like I'm trying to save you from yourselves. After
studying this issue at length, I am convinced that this is the wrong
location for a restaurant with this many seats, and that it would be
unsuccessful. Even if they get away with the outdoor seating parking
loophole, at least 78% of their seating would be outdoors, subject to
our South Florida summer heat, winter cold snaps and frequent rain.
In addition to the large parking deficit, there is no left turn allowed
into, or out of, 68 street. While there is currently only painted striping
to prevent that, which a valet parking attendant might conveniently
overlook, the FDOT project will soon construct a raised median, so a
driver won't even be able to cheat.
In summary, the applicant has it backwards. Instead of buying land
that their building would fit on, or designing their building to fit the
land they bought, they want the zoning changed to fit their design.
In conclusion, to Balans we say welcome to Biscayne Boulevard, but
please obey the zoning laws as they are.
Commissioners, in closing I ask you to search your memory and
answer this question: When was the last time the City of Miami
created R-1 land?
Commissioners, please protect our neighborhoods and deny this
overlay.
Thank you