Loading...
HomeMy WebLinkAboutClass II AppealELECTRA 3601 N. MIAMI AVENUE CLASS II APPEAL 1) Site location pictures 2) Section 1311 3) Three Tier Standard of Review 4) Standing — Adversely Effect 5) Objector's PowerPoint Presentation 6) Section 1301.3.1 Special Exceptions SUBMITTED INTO THE PUBLIC RECORD FOR ITEM irta, ON a %. O3-b /OS -Oa) L SubmittPA ins record in conn item?? - 3 _on Prisci€;a.A_ Thompson CO Clerk wes 4 O\\ ez po natural £stow § 1310 MIAMI, FLORIDA twelve (12) months of date of withdrawal. An application for a Special Exception or a Major Use Special Permit may be withdrawn at any time, but if withdrawn after the public hearing has been convened at which it was to be considered by the City Commission, substantially the same application shall not be considered within twelve (12) months of date of withdrawal. (Ord. No. 12467, § 2, 12-18-03) See. '1311. Any person from deran or body of' the City in E„raaarmtii ag,, granting permit, or any officer, department, board, commission, or bureau of the City, may seek review of such a.1.ecision in the manner soot out irk this ordinance and the applicable laws of Florida for the permit it involved. 1311.1. Review of decisions for Class I or 11 Special Permits. Review of decisions made for Class I or II Special Permits shall be by appeal to the Zoning Board in the manner set out in Articles 18 and 20 of this zoning ordinance. 1311.2. Review of decisions for Special Exceptions. Review of decisions made by the Zoning Board for Special Exceptions shall be in the manner set out in Article 20 of this zoning ordinance. 1311.3. Review of decisions for Major Use Special Permits. Review of decisions made by the City Commission for Major Use Special Permits shall be in the manner set out in Article 20 of this zoning ordinance. (Ord. No. 12467, § 2, 12-18-03) spec iaml permits. lly, aggrieved by the doe shin of any ' aga ondiitio'nis or safs guru°ds„ or denying a Saab n ratted Into the p t. Uc record mt llv ectnon �t9 tern ry paa Q+' f on h �y y Pris Ua A. MTh pson y Clerk [The next page is 481] Supp. No. 13 472 THREE TIER STANDARD OF REVIEW: 1. DID THE ZONING BOARD FOLLOW PROCEDURAL DUE PROCESS? YES 2. DID THE ZONING BOARD FOLLOW THE ESSENTIAL REQUIREMENTS OF THE LAW? NO - NO STANDING EXISTED 3. WAS THE ZONING BOARD'S DECISION SUPPORTED BY COMPETENT SUBSTANTIAL EVIDENCE - NO Submitted Into the public record in connecti n ith item PZ..3> on a �33 Do Priscilla A. Tho pson City Clerk No Standing Submitted Into tho ouf record in connecii n � item on a.3 D(, Priscilla A. Thompson City Clerk Standing — When a person has a legally recognizable interest and will be adversely affected in a way different from other residents in the City. Associations have standing when they are adversely affected and raise a procedural issue. The Buena Vista East Historic Neighborhood Association (BVEHNA) lacks standing because it did not raise any procedural issues nor is it adversely affected. The 3 objectors, Wendy Stephan, Brenda Kuhns and Pat Kelly lack standing because: 1) They are not adversely affected. 2) They each live in another zoning district over 1200 feet away. 3) They live outside of the City notice Code requirements for Class II permits which is for next door or across the street properties only. They are not even within 500 feet of the subject property which is the notice requirement for rezonings, special exceptions and MUSP's. z6 II- ly-os Z-- W.S CCP_A-7 Toti)o,f'D rcrk Appeal of Class II Special Permit For Electra I (05-0166) Zoning Board Meeting November 14w• 2005 Item 2005-1036 Class II Special Permit should be denied because Electra I: 1. Fails to satisfy the intentions & requirements of SD-8, and must comply with underlying zoning and land use requirements 2. Fails to satisfy the design criteria set forth in Section 1305 of the City of Miami Zoning Code 3. Exceeds Miami -Dade County Planning Department Urban Design Manual specifications for preferred scale along corridors 4. Interferes with Miami Downtown Master Plan which encourages high -density development downtown 5. Violates Miami Neighborhood Comprehensive Plan Electra 1: Wrong Building, Wrong Place 1. Fails to satisfy the intentions & requirements of SD-8 Sec. 600. Intent of Special Districts It is the intent of these regulations to permit creation of SD Special Districts: (a) In general areas officially designated as having special and substantial public interest in protection of existing or proposed character, or of principal views of, from, or through the areas; (c) In other cases where special and substantial public interest requires modification of otherwise applicable zoning regulations for the accomplishment of the special public purposes for which the special public district is established. Submitted Into the public record in connect' n w'th item on . Priscilla A. Tho Cpson lerk City 0 1 In other words, Special Districts are areas whose existing character is worth protecting, areas where the zoning is modified in order to accomplish a particular public purpose. Intent of SD-8 • Sec. 608.1: • "This district is of special and substantial public interest because of its unique qualities as a resource and service area for the design industry. It is intended to strengthen and encourage the expansion of design service activities in this area by allowing greater intensities for appropriate design -oriented service uses coupled with meaningful ground level pedestrian open spaces and active street - level walking environments." The purpose of Class II Special Permit in SD-8 is to ensure conformity with : • the expressed intent of SD-8, and • the applicable criteria listed in Section 1305 - See § 608.3.2. - � Electra l does neither. As Section 608.1 states, Greater intensity is allowed for "design -oriented service uses," which Electra I is not. Submits: 1 i a' 3 the public record in cores ecti n v ith item' on ? �3 Priscilla A. Tho ipson City Clerk ot, 2 Electra I has NO design -specific use or purpose • Electra I is a residential high-rise dedicated to a residential purpose. • 12,030 SF = commercial/retail • 567,073 SF = residential/parking/other - Only 2% is available for any commercial use whatsoever. 98% is dedicated to residential use. Electra I must meet old zoning • Since Electra I does not meet the stated purpose of increased density in SD-8, Electra I must comply with the underlying zoning of the area, R-3. • Underlying Land Use Designation = R-3 = max height of 50 feet; max 65 units/net acre. — See § 401, City of Miami Zoning Code. SD-8 only modifies zoning for design -specific uses • Plain Meaning = SD-8 was not intended to supplant the entire zoning but rather to modify the zoning for projects that serve a stated public purpose furthered by the ordinance. Rinker Materials Corp. v. City of No. Miami, 286 So.2d 552, 553 (Fla. 1973) • Sec. 608.2: "[t]he effect of these SD-8 regulations shall be to modify regulations within portions of other zoning districts included within the SD boundaries to the extent indicated herein ...." Purpose of Class 11 Special Permit • special and intensive review • determine whether to permit projects in specific locations, • Apply special limitations, conditions, and safeguards to protect adjoining properties and the neighborhood from avoidable potentially adverse effects. —§ 1301.3.1. Submitted into the pu;bl c record in coin;ecwi°-`n sth item P2.3 P- on y3\o t, Priscilla A. Thompson City Clerk 3 Electra I is in the wrong place, and the Class II Special Permit should be denied in order to protect the neighborhood from its adverse effects. Context = low- to mid -scale 2. Electra t fails to satisfy Sec. 1305 design criteria • 1305.2(I)(1): —"Respond to the physical contextual environment taking into consideration urban form and natural features." Electra I fails: • Contextual environment = 2 — 5 stories • Electra I = 420-foot tower, 33+ stories Electra I is out of context with Midtown Miami T Submitted t`7) . e public record in con_ octhn with item P2. 3 - on a Priscilla A. Tho pson City Clerk b 4 Nearby single-family neighborhood Buena Vista East will be adversely affected by Electra I Blue: (336Tall) 601 NE 36t' Street Since Blue and Electra I are both on NE 36'h Street, Blue provides an exact comparison to see how Electra I will impact residential neighborhoods to its north. Electra I will overwhelm single- family homes and low -scale areas Here is a good example of how that worles... Blue (336') Three Blocks Away 446 NE 39th Street = view from BVE 39th Street Submitted Into the public record in connecti+n ith item 131- 3 on a- �3 e Priscilla A. Thompson City Clerk 5 Blue (336') Six Blocks Away (520 Melealuca Lane = —NE 43rd Street in BVE) In fact, at 336 feet, Blue is so big, we can see it from Buena Vista East. Blue (336') Nine Blocks Away (4501 Baypoint Road = —NE 45th Street BVE) Blue (336') From Buena Vista East (-1 Mile Away!... 110 NE 46th Street) Submitted Into the public record in connecti n with item P2. 3a- on 9- Priscilla A. Thompson City Clerk 6 And at 420 feet, Electra I is almost 100 feet TALLER! Protect Residential Neighborhoods • The. Zoning Board may deny a Class II Special Permit due to location, design, character, scale in order to protect nearby neighborhoods. Section 1300. • The Zoning Board should deny the Class II Special Permit because Electra I does not respond to the context of the surrounding area and because its location, design, character and scale threaten nearby neighborhoods, such as the Design District and Buena Vista East. Protecting Residential Neighborhoods is a proper factor to consider when granting a Class II Special Permit • Sec. 1300: Special permit procedures and requirements ... are intended to apply in relation to use, occupancy, location, construction, design, character, scale, or also to assure consideration of the particular circumstances of each case and the establishment of such conditions and safeguards as are reasonably necessary for protection of the public interest generally, and protection of adjacent properties, the neighborhood. and the City as a whole. Miami Neighborhood Comprehensive Plan • The Number One Goal = Maintain a land use pattern that (1) protects and enhances the quality of life in the City's residential neighborhoods. See LU-1. Submitted Into the public record in conned n •th item 'PI- • 3?- on o Priscilla A. Thompson --- City Clerk 7 Electra I fails to conform to the design criteria listed in Section 1305 • 1305.2(11)(3) "Create a transition in bulk and scale." Electra I = 420 feet, 33+ stories = opposite of a transition Midtown steps down and is interrupted by Electra 1 Midtown Miami "steps down" toward residential neighborhoods and Design District Electra I fails to serve as transition • South = Midtown = 3-5 stories along Miami Ave �1 • West = SCP4.2 = maximum height of 10 stories • North — existing Design District 1-5 stories; & Buena Vista 1-2 stories • East — low -scale commercial 4 Transitional = 3 — 10 stories Submitted Into the public' record in connect'*n ith item ?L. 3 - on?' s3 0 Priscilla A. Th•mpson City Clerk 8 Counterclockwise L to R = NW corner, low- to mid -scale Electra 1 fails as "Gateway" to Design District • Even City Staff agree that Electra 1 will serve as a "gateway" to the Design District. • On March 1, 2005, Design Review staff wrote: — "This project is in a very strategic location, as it serves as a gateway to the Miami Design District ... and has a large amount of visibility from the 1-195 Expressway. Given this context, the Committee finds the project is inappropriate for the following reasons:" • "1) the building height is out of scale for the area' City Staff: Electra I fails to create transition and is out of scale City Staff agrees teat Electra I ison a transition block and that Electra I WI to create a proper transition and is out of scab. Design Review Comments: 3-1-05 and 3-15-05 • 'The building height is out of scats tor to area. This site is more appropriate for a transition bock in height from to higher density developments to the east and the lower scab C-2 zoned properties (maximum 120' height) to the west.' 3-29-05 • The budding height is out of soak tor the area es is the garage podium height of six stones.... This site is more appropriate lox a transition block in height from the higher density developments to the east and the lower scale C-2 zoned properties (maximum 120' height) to the west.' The extreme height, solid parking podium, 7-story cliff -face, and closed - off private nature sheer facade fail to welcome n District Submitted into the public record in connecti n •th item 12Z• 3?, on a- a3 0 Priscilla A. Tho pson City Clerk Electra — Not a Gateway • Abrupt, 7-story `cliff -face" parking podium • Closed off, interior "plaza" • No green space or visible landscaping • No reference to historic character of area • Strong horizontal elements fence off the corner Style, color, design of Design District Electra I fails to use styles, colors and materials of the area • 1305.2(II)(4): "Use architectural styles and details (such as roof tines and fenestration), colors and materials derivative from surrounding area." • Electra I invokes modern design and art deco elements. — The round tower is futuristic and uninviting, in contrast to the existing structures - There are NO Art Deco buildings in the Design District Electra I fails to promote pedestrian interaction • 1305.2(III)(1) "Promote pedestrian interaction" — Electra I is severe, 420-foot tower with a seven -story cliff -face rising straight from the sidewalk. — Electra I interferes with the pedestrian shopping area created by Midtown's lower - density leading into Design District, AND — So-called pedestrian "world class plaza" is actually a driveway for cars Submitted l,;'F the public record in cons'cc=i w th item 2-2)2- on . a-3 cte Priscilla A. Tho pson City Clerk 10 "World -class plaza" is actually an interior driveway The Zoning Board Should • Deny the Class II Special Permit because Electra I: — Is out of scale, — Does not respond to the neighborhood context, — Does not create a proper transition between high - density and low -density areas, — Will have an adverse effect on neighborhoods, — Does not promote pedestrian interaction, - Does not respond primarily to the human scale, — Is not a suitable "gateway" to Design District, and — Is "inappropriate" for the area. Electra I is not "human scale" • 1305.2(III)(2) "Design facades that respond primarily to the human scale." — "Human Scale" is not 420 feet tall. Electra 1 is so tall, that it will create an uncomfortable feeling for people walking by — Electra I has a 40-foot pedestal, rising up from the sidewalk. — Electra 1 uses horizontal lines, which are less inviting and less "human" than vertical lines 3. Miami -Dade County Planning Dept. Urban Design Manual Three stories is the preferred scale for corridors, like NE 36th Street and Miami Ave. Submitted In`o the public record in connection ith item Pz..3a. on ?- Priscilla A. `i-h. mpson City Clerk 11 4. Electra 1 interferes with Miami Downtown Master Plan • Electra I takes density away from downtown Miami, where density is needed. • 100 years to develop downtown to its full potential • Downtown is 70% under -developed An Overtaxed Intersection • 36th Street FDOT "minor arterial"— "E/F" rating — FDOT upgrade for aesthetics, drainage only • No additional lanes, no added signalization • Based on a outdated density model • No additional upgrades foreseen through 2030 — Metropolitan Planning Organization has authorized a traffic study of this corridor. 5. Electra 1 violates Miami Neighborhood Comprehensive Plan Miami Comprehensive Neighborhood Plan Goals Objectives Policies August 2004 Goal LU-1: Maintain a land use pattern that (1) protects and enhances the quality of life in the city's residential neighborhoods; — Electra 1 overwhelms the scale of historic residential neighborhoods — The location of Electra I will negatively impact the traffic congestion for all adjoining neighborhoods FDOT Level of Service Map uhr° i ted Into the public record in c=.;s 1nectti n . th item ?2.3 a- on . ? o 6 Priscilla A. Th•mpson City Clerk 12 After FDOT upgrade...still a low volume intersection North Miami Avenue • The "deadliest street in Miami for pedestrians in 2002" • Hoped -for improvements will address safety, by slowing traffic and slightly reduce capacity. — Medians to North — Widened sidewalks — Reduced turning opportunities • Single lane onramp only access to 1-95 S from 395 to 62nd Street Not a Palm -lined Boulevard Electra I NOT in the Public Interest • Requires an alley "giveaway" — Value of $230,000 based on 1880 SF — Instead developer offered a "gift" of $50,000... - Earmarked for BV Heights Streetscape Improvement (B-40699), a project already fully funded from other sources as of 4/05 • Electra I realizes residents' fears Submitted kilo the public record in conne :ti n % ith item ?a. 3a- on; 2.3Ibt. Priscilla A. Thompson City Clerk 13 Residents' Concerns • David Rohn 131 43rd Street • Darren De Silva 80 NE 43rd Street • Annette Richter 18 NE 42nd Street Class II Special Permit should be denied because Electra I: 1. Fails to satisfy the intentions & requirements of SD-8, and must comply with underlying zoning and land use requirements 2. Fails to satisfy the design criteria set forth in Section 1305 of the City of Miami Zoning Code 3. Exceeds Miami -Dade County Planning Department Urban Design Manual specifications for preferred scale along corridors 4. Interferes with Miami Downtown Master Plan which encourages high -density development downtown 5. Violates Miami Neighborhood Comprehensive Plan BVEHNA 2004 Moratorium Petition • Excerpt 'We welcome development that is properly scaled f ... We are alarmed over the excessive heights of recently approved and upcoming projects, which are in excess of 200 feet. • It is our contention that that these projects could offer the same revitalization at a much lower height and density.' • Signed by over 120 people from BVE, BVH, Wynwood, and Allapattah • We were assured that Miami 21 would resolve these issues within the year... Submitted Into the public record in connectiq n with item Pz • 3s- on s3�v �. Priscilla A. Thompson City Clerk 14 § 1301 MIAMI, FLORIDA S b f fitted i i i:i° e pu tic recrd in connect cn ts<< Priscilla A. -rho Dp su'rl: City Clerk `�___, determinations or reviews to establish special conditions and safeguards. In general, such determinations and reviews will normally be by agencies or officers other than the Department of Planning and Zoning, and may involve matters such as design for traffic, parking and loading facilities, health and environmental considerations, and legal determinations. The administration and processing of applications for Class I Special Permits, and for determinations shall be the responsibility of the zoning administrator. Decisions of the zoning administrator regarding Class I Special Permits shall be affected and limited by reports receiv' d on referrals as provided in Article 14, Section 1402. 1301.2. Class II Special Permits; intent; determinations by .Director of department of Planning and zoning; referrals. It is intended that Class II Special Permits be required where design, character and compatibility involve substantial issues relating to planning policy and impact on surrounding area as it relates to aesthetics. The Director of the Department of Planning and Zoning shall be solely responsible for review for compliance and consideration of applications for Class II Special Permits. The Director shall make such referrals to other officers, agencies, boards or depart- ments as are required by regulations relating to the particular special permit and may make other referrals deemed necessary by him before arriving at his decision. Decisions of the Director regarding Class II Special Permits shall be affected and limited by reports received on referrals as provided in Article 15, Section 1502. When a Class II Special Permit requires City Commission approval, the Planning and Zoning Director shall serve in an advisory capacity to the City Commission. 39Speriai "xerthm. 1301.3.1. Intent. Within the City generally, or within certain zoning districts, certain structures, uses, and/or occupancies specified in this ordinance are of a nature requiring special and intensive review to determine whether Jr net they should i g ormi ted in specific Gecattar 3,, and if so, the special limitations, conditions, and safeguards which should be applied as reasonably necessary to promote the general purposes of this zoning ordinance and, in particular, to protect adjoining properties and the neighborhood from avoidable potentially adverse effects. It is further intended that the expertise and judgment of the Zoning Board be exercised in making such determinations, in accordance with the rules, consid- erations, and limitations relating to Special Exceptions as set out in Article 16 and elsewhere in this zoning ordinance and regulations. When a Special Exception requires City Commission review and approval, the Zoning Board shall serve in an advisory capacity to the City Commission. Formal public notice and he .,g are mandatory for Special Exceptions. Supp. No. 13 458