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Virgil Louis Fieber 5631 Biscayne Blvd. Miami, FL 33137 (305)757-4966 May 6, 2004 Commissioner Dear Commissioner My name is Virgil Louis Fieber. Over 40 years ago my parents bought a commercial property on U.S. Route #1 at 5631 Biscayne Blvd. where I now live. It cost more than the residential zoned property which was located to the East which is now referred to as Historic Morningside. By locating on the corridor known as the business side of Morningside with commercial zoning, they had all of the benefits and liabilities that those owners with residential zoning never did possess. They successfully operated Fieber Realty for a number of years here. Soon after they bought, a 10 story high-rise was erected at 5701 during 1973, This was a tremendous economic boost to the area. Later the Soyka Development gave another tremendous boost to this blighted area. Now the Kubik Development located on Block 15 directly across from our property is stalled by Morningsider residents. These complaints originate from residents whose property is located over 200 feet East of the East property line of the Kubik Development. For example, U.S. Route #1 is 80 feet wide. Our South property line measures 120.543 feet from East to West. Our North property line measures 126.655 feet from East to West. 80 feet + 120.543 feet = 200.543 feet. See attached Plat of Lot 3, Block 23 of Bay Shore Unit No. 3, Also please consider the Kubik building set back from their East property line will be 29 feet for a combined distance removed from Historic Morningside of 200.543 feet + 29 feet = 229.543 feet. These same protesters caused a height limitation moratorium to be imposed on our property. Both of these actions were not fair to the owners of commercial zoned property on U.S. Route #1 because they diminish the value of our property without just compensation for our loss, SUBMITTED INTO THE PUBLIC RECORD FOR ITEM zi ON 56-oy. 03--O415 - ' In an effort to gain approval the Kubik Development redesigned their building and reconfigured the access and parking and height of the building. This was accomplished only after substantial delay, inconvenience and expense. This is not fair. Their proposed building was well within the rules in effect at the time. THIS IS A PROPERTY RIGHTS ISSUE and to date the owners of commercial property on this portion of U.S. Route #1 are not receiving fair and equitable treatment. To prove this point please consider these pertinent facts. We surveyed the number of properties that had been purchased in Morningside between 62"d Street and 52nd Terrace on the East side of Biscayne Blvd. We surveyed 379 properties within this area. Of these properties 342 were purchased from 1974 until February 1, 2004. The 10 story high-rise located at 5701 was constructed during 1973. SEE ATTACHED STUDY. These new owners who bought property zoned residential were adults who evidently made an informed decision to buy. They all could sec that the commercial property already had a high-rise built and could reasonably conclude that others would be built as the pressure to provide additional facilities developed. This situation is somewhat comparable to a hog farm. Hogs stink. Their manure smell is very bad. Let's say there has been a well established hog farm in the area since 1973. Those who purchased property within 229.543 feet of the previously established hog farm shouldn't complain about the hog farm because they were adults and this property was already in use and they knew the facts right from day one. Don't get me wrong, Kubik and the 10 story high-rise at 5701 are not to be compared to a hog farm. Both are a distinct benefit to this rapidly growing vibrant city. With city growth of 87,000 people last year and with the growing number of Latinos moving to Miami and buying property here it is imperative that these positive developments take place without delay or needless red tape and added expense. The on -going severe crime wave in Latin America with homicide rates up 380% in Peru, 330% in Colombia and 300% in Argentina provides a terrific incentive for affluent Latinos to own property here, Their property rights and very livelihood are being threatened by leftist anti -capitalist leaders such as Hugo Chavez. They look at an investment in Miami real estate as portfolio insurance and a place of safety and refuge unknown in their native land. The freedoms and property rights in the U.S. together with the excellent Miami police department will draw wealthy immigrants to Miami like honey draws bears. Unrealistic rules and height restrictions will cause building costs to be higher than is advisable. It's much better to have tall buildings with open green space than to have a bunch of squat dumpy structures on commercial real estate. It would appear that 345 properties out of the 379 surveyed in this study of owners have no legitimate complaint against this and other fine developments on U.S. Route #1 at Kubik and 5631 Biscayne Blvd, 379 divided by 342 = 90.23% of these properties knew what the situation was and now they want to change the rules. If this isn't a super majority I don't know what is, In conclusion, I respectfully request that you approve the Kubik Development without further delay and furthermore, remove the unrealistic height limitations on our property on U.S. Route #1 at 5631 Biscayne Blvd. because: 1. These facts are the truth. 2. Your favorable action would be fair to all concerned. 3. The result would build good will and better friendships 4. And last, but not least, It would be beneficial to all concerned. The future rests_in your hand. Sincerel rgil Louis Fieber jmw B A Y recorded in Plat as 3 recorded In dB000kth k12,Page S0, in the Public Records,of ,T a. 'ship 53-8.,Range 42-E.,intheeCity of M Section 18,Town_ /}��/--------_r---J/ - -- Mimi - ice 3 / 7�.!/s �/� --_.�-r- The described Lot is shown in red ink. ------------------------ Plat of Lot 3,of Block 23, -of SHORE UNIT N O. 5631 Biscayne Blvd Miami, Florida 877-3 84-9225/Lfieber@surffirst.net ,.s v. 27 ZONED "O" PRIM AMON NE 01111141111111111 7 57th mom oto SIAN 56th (1g.7 50 55th 8 9 � sr W Z OWNERSBJP ANALYSIS: 379 PROPERTIES WERE SURVEYED BETWEEN NE 62ND STREET AND 52ND TERRACE ON THE. EAST SIDE OF BISCAYNE BOULEVARD. THE PROPOSED KUBIK PROJECT IS LOCATED ALONG BISCAYNE BETWEEN 56TH AND S8TH ACCORDING TO THE MIAMI-DADE PROPERTY APPRAISERS PAGE... OF44 E 379 PROPERTIES SURVEYED, THIRTY-FOUR HAD NO DATES LISTED AS THE DATE OF LAST PURCHASE. • OF THE 345 PROPERTIES WHICH INDICATED A DATE OF LAST PURCHASE, THE AVERAGE DATE WAS APRIL 24m,1994. Retail Table Number Sold 1 2 2 2 2 2 3 3 3 3 3 3 4 4 4 4 5 5 5 5 6 7 8 Year 1971 1980 1973 1974 1975 2004 1990 1985 1986 1981 1978 1977 1994 1983 1984 1979 1989 1988 1996 1987 1395 1991 1993 411 Molt 'CNI� r,erolowt, remer coQ .eS 235 revamorctos, AtiblestbstI At4t emu© lV (' % AIM 1-mliz", YOU Most Sold Year Least Sold Averaged Year Total 2003 with 31 1971 wlth 1 7.12 Wednesday, May 05, 2004 Pagel of 2 Number Sold Year 9 1992 9 1998 12 1997 12 1999 15 2001 19 0 19 2000 23 2002 31 2003 Year Most Sold Year Least Sold Average! Year Total 2003 with 31 1071 with 1 7.12 Wednesday, May OS, 2004 Page 2 of 2 Property Breakdown Salo Year Date of Sale Folio No Address 1971 1973 1974 Wednesday, May 05, 2004 01-3218-037-0910 601 NE55 TERR 01-3218-037-0510 448 NE 56 ST 01-3218-037-0690 555 NE 55 TERR 01-3218-037-0680 597 NE 55 TERR 01-3218-037-0670 598 NE 56 ST 01-3218-036-0510 547 NE 57 ST 01-3218-000-0290 631-647 NE 60 ST 01-3218-037-0871 655 NE 55 TERR 01-3218-034-0181 659 NE 60 ST 01-3218-036-0450 580 NE 58 ST 01-3218-037-0820 690 NE 56 ST 01-3218-037! 0370 5631 BISCAYNE BLVD 01-3218-036-0220, 520 NE 59 ST 01-3218-031-0760 5975 N BAYSHORE DR 013218-037.0200 611 NE 56 ST 01.3218-037-0570 485 NE 55 TERR 01-3218.036.0120 N/A 01-3218-030-0410 701 NE 61 ST 01-3218-030-0420 711 NE 61 ST Total for Your 7/1/1971 01.3218-036.0330 525 NE 58 ST Tatalfar Year 7/1/1973 01-3218-037-0320 541 NE 56 ST 11/1/1973 01-3218-036-0180 601 NE 58 ST 10 1 Total for Year 2 Page1of10 Sale Year. Date of Sale .. Folio No Mdtea* 1975 1977 1978 1979 1981 Wedaesd*y, May 05, 2004 1/1/1974 01-3218-031-0290 2/1/1974 01-3218-039-0010 5/1/1975 01-3218-031-0770 6/1/1975 01-3218-037.0880 3/1/1977 5/1/1977 6/1/1977 01-3218-030.0370 01-3218-037-0070 01-3218-036-0680 2/1/1978 01-3218-037-0710 8/1/19'78 01-3218-037-0080 8/1/1978 01-3218.037.0830 4/1/1979 6/1/1979 8/1/1979 9/1/1979. 01-3218-034-0180 01.3218-031-0570 01.3218-036.0210 01-3218-036-0040 4/1/1980 01-3218-036-0200 7/1/1980 01-3218-030-0330 5/1/1981 01-3218-037,0090 7/1/1981 01-3218-037-0450 549 NE 59 ST 6125 BISCAYNE BLVD Total for Year 5995 N RAYSHORE DR 645 NE 55 TERR Total for Year 661NE61ST 634 NE 57 ST 631 NE 57 ST Total for Year 531 NE 55 'GEAR 644NE57ST 5560 N BAYSHORE DR Total far Year 631 NE 59 ST 5990NBAYSHOREDR 5859 BISCAYNE BLVD 5811 N BAYSHORE DR Tots] for Year 5841 NE BISCAYNE BLVD 623NE61 ST Total for Year 680 NE 57 ST 475 NE 56 ST Page 2 of 10 Salo Year Dais of Sale Folio No Address 7/1/1981 01-3218-030.0340 637 NE 61 ST Total for Year . 3 1983 6/1/1983 01-3218-037-0360 443 NE 56 ST 10/1/1983 01-3218.036-0630 5718 N BAYSHORE AR 10/1/1983 01-3218-036.0640 681 NE 57 ST 12/1/1983 01-3218-036-0470 598 NE 58 ST Total for Year 4 1984 2/1/1984 01.3213-037-0790 660 NE 56 ST 8/1/1984 01-3218-037 0780 654 NE 56 ST 0/1/1984 01-3218-036-0690 621 NE 57 ST :.1/1/1984 01-3218-037-0330 527 NE 56 ST Total for Yost 4 1985 7/1/1985 01-3218-036-0550 5731 NE 6 AVE 10/1/1985 01-3218-037.0250 546 NE 57 ST .12/1/1983 01.3218-037-0810 686 NE 56 ST Total for Year 3 1986 6/1/1986 01-3218-037-0540 490 NE 56 ST 11/1/1986 01.3218-036-0610 658 NE 58 ST 12/1/1986 01-3218-034-0060 5949 NE 6 AVE . Total 1br Yaw 3 1987 2/1/1987 01-3218-037-0720 511 NE55 TERR 4/1/1987 ' 01-3218-033-0030 654 NE 61 ST 4/1/1987 01-3218-036-0250 550 NE59 ST 10/1/1987 01.3218-037..0220 500 NE 57 ST 12/1/1987 01-3218-036-0300 567 NE 58 ST Wednesday, May O5 2034 Page 3 of 10 Sale Year - Dane of Sale Folio No Address 1983 1989 1990 1991 3/1/1988 01-3218-037-0860 5/1/1988 01-3218-034-0092 7/1/1988 01-3218-037-0020 9/1/198801-3218-030-0070 10/1/1988 01-3218-033-0091 Total far Year 669 NE 55 5995 BJSCAYNE BLVD 5605 N BAYSHORE DA 670 NE 59 ST 700NE61 ST 6 Total for Year $ 1/1/1989 01-3218-036-0530 509 NE 57 ST 3/1/1989 01-3218-031-0470 5991 NE 6 CT 3/1/1989 01-3218-037-0800 670 NE 56 ST 5/1/1989 01-3218-036-0600 650NE58 ST 6/1/1989 01-3218-030-0310 6101 BISCAYNEBLVD i Total for Year 8. 5/1/1990 01-3218-037-0870 661 NE55 8/1/1990 01-3218-052-0010 651 NE 60 ST' 9/1/1990 01-3218-036-0400 500 NE58 ST Total for Year 3 1/1/1991 01-3218-031-0660 5920 N BAYSHORE DR 1/1/1991 01-3218-031-0640 5924 N BAYSHORB DR 1/1/1991 . 01-3218-031-0650 5922 N 13AYSHOR81)$ 1/1/1991 01-3218-031-0630 5926 NBAYSHORE DR 1/1/1991 01-3218-031.0620 5928 NBAYSHORE DR 2/1/1991 01-3218-037-0430 491 NE56 ST 8/1/1991 01-3218-036-0620 5724 BAYSHORE DR Total for Year 7 Wednesday, May 05, 2004 Page 4 of 10 Sale Year Date of Sala Folio No Address 1993 1994 1995 5/1/1992 01-3218-033-0010 676.678 NE 61 ST 5/1/1992 01-3218-036-0440 560NE58 ST 7/1/1992 01-3218-037-0240 530NE57 ST 10/1/1992 01-3218-036-0420 - 544 NE 58 ST 10/1/1992 01-3218-037-0210 601 NE 56 ST 11/1/1992 01.3218-034-0120 5978 NE 6 CT 11/1/1992 01-3218-036-0100 679 NE58 ST 12/1/1992 01-3218-037-0700 537 NE 55 T1!RR 12/1/1992 01-3218-031-0360 5944 NE 6 AVE Total for Year 9 3/1/1993 01-3218.036-0270 580 NE 59 ST 3/1/1993 01-3218-030-0360 655 NE 61 ST 6/1/1993 01-3218-037.0480 5555 BISCAYNE BLVD 7/1/1993 01.3218-033-0050 624-626 NE 61 ST 7/1/1993 01-3218-036-0050. 5851 NBAYSHORET)R 8/1/1993 01-3218-037-0100 690NE57ST 9/1/1993 01-3218-036.0520 527 NE 57 ST 12/1/1993 01.3218-031.0300 5600 NE 6 Toml for Year 1 I/1/1994 01-3218-037-0500 5599 B1SCA' NE BLVD 3/1/1994 01-3218-031-0330 5943 BISCAYNE BLVD 4/1/1994 01-3218-037-0890 625 NE 551`ERR. 7/1/1994 01-3218-037-0190 621 NE 56 ST Total tor Year 4 1/1/1995 01-3218.037-0270 560 NE 57 ST 2/1/1995 01-3218-037-0030 5601 N BAYSHORE DR 4/111995 01-3218-034-0200 677 NE 60 ST 6/1/1995 01-3218.037-0400. 492 NE 57 ST Wednesday, May 05, 2004 rage 5 of 10 Sale Year Dade of Sal• Folio No Address 1996 1997 1998 Wednesday, May 6S, 2004 7/1/1995 01 3218-034-0210 6000 N BAYSHORE DR. 12/1/1995 01-3218-031-0730 5901 N BAYSHORE DR Total for Tear 8 1/1/1996 01-3218-037-0640 510 NE 56 ST 4/1/1996 01-3218-031-0310 545 NE 59 ST 5/1/1996 01-3218-034-0040 5929 NE 6 AVE 8/1/1996 01-3218-036-0020 5725 N BAYS11ORE DR .10/1/1996 01-3218-036-0140 628 NE 59 ST Total for Year 6' 1/1/1997 01.3218-036-0580 640 NB 58 ST 2/1/1997 01-3218-037-0750 606 NE 56 ST 2/1/1997 01-3218-031-0670 5910 NBAYSHORE DR. 3/1/1997 01.3218-034-0160 5928 NE 6 CT 4/1/1997 01.3218-031-0750., 5945 N BAYSHORE 17R 4/1/1997 01-3218-036-0460 588 NE 58 ST 9/1/1997 01.3218-037-0340 525 NE56 ST 9/1/1997 01.3218-039-0100 692NE62ST 9/1/1997 01-3218-037-0460 465 NE $6 ST 10/1/1997 01-3218-031-0450 5935 NE 6 CT 12/1/1997 01-3218436-0500 555 NE57 ST 12/1/1997 01.3218-031-0720 695 NE59 ST Total for Year 12 2/1/1998 01-3218-034-0050 5937 NE 6 AVE 3/1/1998 01-3218-036-0650 671 NE 57 ST 3/1/1998 01-3218-034-0170 5910 NE 6 CT 5/1/1998 01-3218-037.0230 510 NE 57 ST 5/1/1998 01.3218-037.0730 501 NE55 TERR 5/1/1998 01-3218, 033.0020 664-68 NE 61 ST Pap 6of10 • Sale Year Date of Sale Folio No Address 5 .• 8/1/1998 9/1/1998 12/1/1998 1999 1/1/1999 2/1/1999 2/1/1999 3/1/1999 5/1/1999 6/1/1999 6/1/1999 7/1/1999 8/1/1999 9/1/1999 12/1/1999 12/1/1999 2000 1/1,2000 1/1/2000 3/1/2000 3/1/2000 4/1/2000 4/1/2000 5/1/2000 6/1/2000 7/1/2000 7/1/2000 8/1/2000 8/1/2000 8/1/2000 Wednesday, May 05, 2004 01-3218-037.0180 01-3218-039.0070 01-3218-037-0420 01-3218.036-0670 01-3218-037-0390 01-3218-030-0010 01-3218-036-0480 01-3218-031-0430 01-3218-036-0060 01-3218-030-0380 01-3218-037-0660 01-3218-037-0350 01-3218-036-0321 01-3218-037.0361 01-3218-037-0120 01-3218-036-0410 01-3218-031-0340 01-3218-034-0100 01.3218-037-0650, 01-3218-037-0560 01-3218-036-0230 01-3218-034-0070 01-3218-036-0240 01-3218-036-0290 01-3218-036.0280 01-3218-031-0380 01-3218-034.0110 01-3218-036-0130 633 NE 56 ST 666 NE 62 ST 5600 NE 5 AVE Total for Year 9 641 NE 57 ST 484NE57ST` 747 NE 61 ST 589 NE 57 ST 5925NE6CT 5831 NE 6 CT 685NE61ST 550 NE 56 ST 5601 NE 5 AVE 541 NE 58 ST 5615 BTSCAYNE BLVD 5600 N BAYSHORE DR Total for Y®ar 520 NE 58 ST 5963 B44CAYNE BLVD 650 NE 60 ST 530 NE 56 ST 49914E 55 TERR 530 NE 59 ST 5955 NE 6 AVE 540 NE 59 ST 581 NE 58 ST 585 NE 58 ST 5916 NE 6 AVE 5990 NE 6 CT 602 NE 59 ST 12 Page 7 of 1i Sale Year Date of Sale Folio No Address 9/1/2000 911/2000 10/1/2000 10/12000 12/1/2000 12/1/2000 2001 1/1/2001 2/1/2001 3/1/2001 5/1/2001 6/1/2001 6/1/2001 7/1/2001 8/1/2001 9/1/2001 9/1/2001 10/1/2001 10/1/2001 11/1/2001 11/1/2001 12/1/2001 2002 1/1/2002 1/1/2002 1/1/2002 1/1/2002 1/1/2002 2/1/2002 4/1/2002 Wedwaday, May 05, 2004 01-3218-036-0090 01-3218-031-0460 01-3218-037-0850 01-3218-034-0182 0]-3218-033-0110 01-3218-037-0740 01-3218-036-0310 01-3218-034-0190 0.1-3218-037.0840 01-3218-031-0300 01-3218-031-0740 01-3218-039-0040 01-3218-037-0550 01-3218-034-0020 01-3218-030-0350 01-3218-037-0900 01-3218-031-0350 01.3218-037-0061 01-3218-036-0190 01-3218-041-0020 01-3218-036-0540 01-3218-037-0760 01-3218-037-0770 01-3218-037-0150 01-3218-037-0630 01-3218-037.0515 01-3218-039-0030 01-3218-036-0030 714 NE 59 ST 5975 NE 6 CT 681 NE 55 TERR .' 661NE60ST 690 NE 61 ST 600 NE 56 ST Total for Year 19 555 NE58 ST 669 NE 60 ST 5550 N BAYSHORE DR 347'NE 59ST 5925 N BAYSHORE DR 640NE62ST 5560 NE 5 AVE 5911 NE 6 AVE 647NE61 ST 615 NE55 TERR 5999 BISCAYNE BLVD 620 NE 57 ST 5801 BISCAYNE BLVD 685 NE 59 ST 501 NE 57 ST Tott1tor Year 634 NE 56 ST 644 NE 36 ST 649 NE56 ST 500 NE 56 ST N/A 630 NE 62 ST 5701 N BAYSHORE DR 18 Page Sof10 Sale Year Date of Sale Follo No Address 2003 4/1/2002 01-3218-036-0010 4/1/2002 01-3218-037.0310 4/1/2002 01-3218-034-0150 6/1/2002 01-3218-039-0060 6/1/2002 01-3218-036-0110 7/1/2002 01-3218-037-0010 7/1/2002 01-3218-030-0400 7/1/2002 01-3218-036-0611 7/1/2002 01-3218-034-0030 8/1/2002 01-3218-036-0490 8/1/2002 01-3218.037.0040 8/1/2002 01-3218.037-0050 9/1/2002 01-3218.037-0410 10/1/2002 01-3218-039-0080 10/1/2002 01-3218-036.0320 10/1/2002 01-3218.037-0440 760 NE 57 ST • 555 NE 56 ST 5940 NE 6 CT 656 NE 62 ST 665 NE 58 ST 5625 NBAYSHORE 699 NE 61 ST 670NE58 ST 5925 NE 6 AVE, 567 NE 57 ST 5555 N BAYSHORE DR 600 NE 57 ST 5610NE5AVE 676 NE 62 ST 547 NE 58 ST 479 NE 56 ST Total tier Year 23 1/1/2003 01-3218.037-0290 570 NE 57 ST 1/1/2003 01-3218-033.0100 6030 NBAY$HORE DR. 4/1/2003 01-3218-035-0150 5830 NE 6 CT 4/1/2003 01-3218-036-0560 618 NE 58 ST• 4/1/2003 01-3218-031.0560 698 NE 60 ST 5/1/2003 01-3218-030-0320 ' 621 NE 61 ST 5/1/2003 01-3218-039-0110 700NE62 ST 5/1/2003 01.3218.036.0570 601 NE 57 ST 6/1/2003 01-3218-036-0160 5800 NE 6 CT 6/1/2003 01-3218.030-0390 689 NE 61 ST 6/1/2003 01-3218-033-0090 750 NE 61 ST 8/1/2003 01-3218-037-0380 464 NE 57 ST 8/1/2003 01-3218-036-0260 560 NE 59 ST • 8/1/2003 01-3218.034-0090 5981 NE 6 AVE Wednesday, May 05, 2004 Page 9 of 10 Sale Year Date of Sale Folio No Address 2004 Grand Total VVednapday, May 05, 2084 8/1/2003 01-3218-031-0370 5932 NE 6 AVE 8/1/2003 01-3218-037-0520 478 NE 56 ST 9/1/2003 01-3218-039-0120 710 NE 62 ST 9/1/2003 01-3218-036-0170 611 NE58 ST 9/1/2003 01-3218-033-0070 620 NE 61 ST 10/1/2003 01.3218-037-0530 480 NE 56 ST 10/1/2003 01-3218-03I-0610 5930 N BAYSHORE DR 10/1/2003 01-3218-034-0130 5968 NE 6 CT 10/1/2003 01-3218-037-0260 556 NE 57 ST 10/1/2003 01-3218-039-0020 620 NE 62 ST 10/1/2003 01-3218-031.0320 5941 BISCAYNE BLVI) 11/1/2003 01-3218-037-0060 612 NE 57 ST 11/1/2003 01-3218-041-0010 3901 NE 6 CT 12/1/2003 )01.3218-039.0050 650 NE 62 ST 12/1/2003 01-3218-031-0440 5929NE6CT 12/1/2003 01-3218-031-0590 5960 N BAYSHORE DR 12/1/2003 01-3218-031-0580 5980 N BAYSHORE DR Total for Year 31 2/1/2004 01.3218-037-0140 677 NE 56 ST 2/1/2004 01-3218-037-0170 6351E 56 ST Total for Year 2 239 Page 10 of 10 Commissioner Johnny Winton Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Chairman Chip Black Planning Advisory Board 3500 Pan American Drive Miami, Florida 33133 RE: Kubik project on Biscayne Boulevard from 56 to 58 Street. I, Cesar Canton, own and reside in a home directly across 58 Street from the Kubik site, at 471 NE 58 Street. This letter clarifies the circumstances under which I signed the attached letter on October 30, 2003 in support of the Kubik Project on Biscayne Boulevard at NE 58 Street: At the time I was asked to sign the letter I was shown a drawing that made the 180 foot tall Kubik building appear shorter than the 120 foot tall apartment building across Biscayne from it. I was shown no plans. I was misled. I am now aware that the original plan was for a 180-foot tall building with over 293 units, and have seen revised plans which reduce it to 150 feet. However, it will still be much too tall, too large, have too many units, and create too much traffic for me to support. Therefore, I retract any support I expressed for the Kubik project in the attached letter I signed on October 30, 2003. While I do support sensible development on Biscayne Boulevard, allowing such a tall and massive building across the street from single-family homes would be insensitive and incompatible with the existing design, character and scale of the adjacent property and the neighborhood. My property values would suffer greatly if this building were allowed. I urge you to please deny this project. Furthermore, I ask that the City of Miami follow the request made at the May 2003 charrette by all the Upper East Side neighborhoods: a 30 foot height limit along Biscayne Boulevard. Thank you, -fi - 4 3- o nature Date Q1.1w .Q,r ,� 0-� t �J - Q O J , t N ti S t S (. 3 31 3 q- Name U Address SUBMITTED INTO THE PUBLIC RECORD FOR . • ITEMPz�ON ��- o October 3cp 2003. Chairman Johnny Winton Members of the City Commission 3500 Pan American Drive Miami, Florida 33133 Chairman Chip Black Members of the Planning Advisory Board 3500 Pan American Drive Miami, Florida 33133 Re: Kubik Project located between Biscayne Boulevard, NE 4th Avenue and NE 58th Street, Miami, Florida Dear Sir or Madam: This letter is written in support of the above -referenced mixed use project. I live directly across the street from the proposed project and .am therefore the most directly affected. The owners and architects have provided me the opportunity to review and comment on the project. I find the project to be urbanistically very sensitive and the scale and massing compatible with the neighborhood The project will be an asset to this community. I urge you to vote favorably for this project. Lc - Signature //�� Name: e, Address: w\ i 3" 1 3 .- Commissioner Johnny Winton Miami City Hall 3500 Pan American Drive Miami, Florida 33133 RE: Kubik project at 5600 Biscayne Boulevard. Chairman Chip Black Planning Advisory Board 3500 Pan American Drive Miami, Florida 33133 I, Patricia Mendez, own and reside in a home directly across 58 street from the Kubik site, at 469 NE 58 Street. This letter clarifies the circumstances under which my boyfriend Michael Feria signed the attached letter on October 31, 2003 in support of the Kubik Project on Biscayne Boulevard at NE 58 Street: At the time we were asked to sign the letter we were told it would increase our property values. We were not shown any plans. We were misled. I am now aware that the original plan was for a 180-foot tall building with over 293 units, and have seen revised plans which reduce it to 150 feet. However, t will still be much too tall, too large, have too many units, and create too much traffic for me to support. Therefore, I retract any support I expressed for the Kubik project in the letter I signed on October 31, 2003. While I do support sensible development on Biscayne Boulevard, allowing such a tall and massive building across the street from single-family homes would be urbanistically insensitive, with a scale and massing incompatible with the existing design, character and scale of the adjacent property and the neighborhood. My quality of life and property values would suffer greatly if this building were allowed. I urge you to please deny this project. Furthermore, I ask that the City of Miami follow the request made at the May 2003 charrette by all the Upper Fast Side neighborhoods: a 30 foot height limit along Biscayne Boulevard. Thank you, Sigtiatu a Date Name -Y ( LA GL I\AutArx 4oq u Lele)A-- Address October 31 , 2003 Chairman Johnny Winton Members of the City Commission 3500 Pan American Drive Miami, Florida 33133 Chairman Chip Black Members of the Planning Advisory Board 3500 Pan American Drive Miami, Florida 33133 Re: Kubik Project located between Biscayne Boulevard, NE 4a' Avenue and NE 58th Street, Miami, Florida Dear Sir or Madam: This letter is written in support of the above -referenced mixed use project. I live directly across the street from the proposed project and am therefore the most directly affected. The owners and architects have provided me the opportunity to review and comment on the project. I find the project to be urbanistically very sensitive and the scale and massing compatible with the neighborhood The project will be an asset to this community. I urge you to vote favorably for this project. Ignture Name: rt r(LeJ\.J - //4 Address: 9b% kg sgs NheiU,) z,3i37 Commissioner Johnny Winton Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Chairman Chip Black Planning Advisory Board 3500 Pan American Drive Miami, Florida 33133 RE: Kubik project on Biscayne Boulevard from 56 to 58 Street. I, Jeronimo Masses, own and reside in a home directly across 58 Street from the Kubik site, at 5801 NE 4 Court. This letter clarifies the circumstances under which I signed the attached letter on October 31, 2003 in support of the Kubik Project on Biscayne Boulevard at NE 58 Street: At the time I was asked to sign the letter I was shown no plans. I was misled. I am now aware that the original plan was for a 180-foot tall building with over 293 units, and have seen revised plans which reduce it to 150 feet. However, it will still be much too tall, too large, have too many units, and create too much traffic for me to support. Therefore, I retract any support I expressed for the Kubik project in the letter I signed on October 31, 2003. While I do support sensible development on Biscayne Boulevard, allowing such a tall and massive building across the street from single-family homes would be insensitive and incompatible with the existing design, character and scale of the adjacent property and the neighborhood. My property values would suffer greatly if this building were allowed. I urge you to please deny this project. Furthermore, I ask that the City of Miami follow the request made at the May 2003 charrette by all the Upper East Side neighborhoods: a 30 foot height limit along Biscayne Boulevard. Thank you, z --(2)L4 Sign ure Date re) i ,�_ Ssf5 - 5-go 1 �1�J, C °r Name Address October 2003 Chairman Johnny Winton Members of the City Commission 3500 Pan American Drive Miami, Florida 33133 Chairman Chip Black Members of the Planning Advisory Board 3500 Pan American Drive Mani, Florida 33133 Re: Kubik Project located between Biscayne Boulevard, NE 4th Avenue and NE 58th Street, Miami, Florida Dear Sir or Madam: This letter is written in support of the above -referenced mixed use project. I live directly across the street from the proposed project and am therefore the most directly affected. The owners and architects have provided me the opportunity to review and comment on the project. 1 find the project to be urbanistically very sensitive and the scale and massing compatible with the neighborhood The project will be an asset to this community. I urge you to vote favorably for this project. Signature Name: Address: Commissioner Johnny Winton Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Chairman Chip Black Planning Advisory Board 3500 Pan American Drive Miami, Florida 33133 RE: Kubik project on Biscayne Boulevard from 56 to 58 Street. I, Jean Auguste, reside in a home with my mother in a rental home, located one street north of the Kubik site, at 470 NE 59 Street. This letter clarifies the circumstances under which I signed the attached letter on October 31, 2003, in support of the Kubik Project on Biscayne Boulevard at NE 58 Street: At the time I was asked to sign the letter I was shown no plans or pictures, was never even told that a building was being built, but that some improvements were planned for the area, including mail boxes. I was misled. I am now aware that the original plan was for a 180-foot tall building with over 293 units, and have seen revised plans that reduce it to 150 feet. It will still be much too tall, too large, have too many units, and create too much traffic for me to support. Therefore, I retract any support I expressed for the Kubik project in the letter I signed on October 31, 2003. While I do support sensible development on Biscayne Boulevard, allowing such a tall and massive building across the street from single-family homes would be insensitive and incompatible with the existing design, character and scale of the adjacent property and the neighborhood. My quality of life would suffer greatly if this building were allowed. I urge you to please deny this project. Furthermore, I ask that the City of Miami follow the request made at the May 2003 charrette by all the Upper Fast Side neighborhoods: a 30 foot height limit along Biscayne Boulevard. Thank you, Signature )tom AA5tn5 f-� Name Date 1I T d 'V' Address October 2003 Chairman Johnny Winton Members of the City Commission 3500 Pan American Drive Miami, Florida 33133 Chairman Chip Black Members of the Planning Advisory Board 3500 Pan American Drive Miami, Florida 33133 Re: Kubik Project located between Biscayne Boulevard, NE 4th Avenue and NE 58th Street, Miami, Florida Dear Sir or Madam: This letter is written in support of the above -referenced mixed use project. I live directly across the street from the proposed project and am therefore the most directly affected. The owners and architects have provided me the opportunity to review and comment on the project. I find the project to be urbanistically very sensitive and the scale and massing compatible with the neighborhood The project will be an asset to this community. ' I urge you to vote favorably for this project. ‘17t �gnature Name: e c� �, t.- S r t Address: M; yL_ 33137 Commissioner Johnny Winton Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Chairman Chip Black Planning Advisory Board 3500 Pan American Drive Miami, Florida 33133 RE: Kubik project on Biscayne Boulevard from 56 to 58 Street. I, Ilija Mosscrop, own and reside in a home one street north of the Kubik site, at 460 NE 59 Street. While I do support sensible development on Biscayne Boulevard, allowing such a tall and massive building across the street from single-family homes would be insensitive and incompatible with the existing design, character and scale of the adjacent property and the neighborhood. My quality of life and property values would suffer greatly if this building were allowed. I urge you to please deny this project. Furthermore, I ask that the City of Miami follow the request made at the May 2003 charrette by all the Upper East Side neighborhoods: a 30 foot height limit along Biscayne Boulevard. Thank you, Signatur) f�lJA Mo SSA-j °? �f Name i Date (0o sct ST . M(Ani, FL33137 Address Commissioner Johnny Winton Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Chairman Chip Black Planning Advisory Board 3500 Pan American Drive Miami, Florida 33133 Letter of Opposition to the "Kubik" Project Dear Commissioner Winton and Chairman Black: As propert owne nd / or resident of the Palm Grove neighborhood, I am in opposition to the proposed "Kubik" project at 56 to 58 Street on Biscayne Boulevard. This project is completely out of scale and character for the neighborhood. It will be 150 feet high and consist of 293 units, yet sit directly across 58th street from single story, single family homes. This project will increase traffic through our neighborhood and on Biscayne Boulevard, which is already so congested that it is rated an "F" street by the State of Florida's Department of Transportation. Please help preserve the quality of life in our neighborhood by denying this project. Thank you, t`Y) gnature gnature J7f L..OT Name 916 ilk ct Address in Palm Grove Date Commissioner Johnny Winton Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Chairman Chip Black Planning Advisory Board 3500 Pan American Drive Miami, Florida 33133 Letter of Opposition to the "Kubik" Project Dear Commissioner Winton and Chairman Black: As a property owner and / or resident of the Palm Grove neighborhood, I am in opposition to the proposed"Kubik" project at 58 Street and Biscayne Boulevard. This project is completely out of scale and character for the neighborhood. It will be 150 feet high and consist of 293 units, yet sit directly across 58th street from single story, single family homes. This project will increase traffic through our neighborhood and on Biscayne Boulevard, which is already so congested that it is rated an "F" street by the State of Florida's Department of Transportation. Please help preserve the quality of life in our neighborhood by denying this project. Thank you, Signature Name o G Address in Palm Grove s1't Y. Date Commissioner Johnny Winton Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Chairman Chip Black Planning Advisory Board 3500 Pan American Drive Miami, Florida 33133 Letter of Opposition to the "Kubik" Project Dear Commissioner Winton and Chairman Black: As a property owner and / or resident of the Palm Grove neighborhood, I am in opposition to the proposed "Kubik" project at 56 to 58 Street on Biscayne Boulevard. This project is completely out of scale and character for the neighborhood. It will be 150 feet high and consist of 293 units, yet sit directly across 58th street froth single story, single family homes. This project will increase traffic through our neighborhood and on Biscayne Boulevard, which is already so congested that it is rated an "F" street by the State of Florida's Department of Transportation. Please help preserve the quality of life in our neighborhood by denying this project. Thank you, ature JIA-IVA/ E ST ,g�Mf�N Name S?s�y� yet. Address in Palm Grove Da Da e Commissioner Johnny Winton Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Chairman Chip Black Planning Advisory Board 3500 Pan American Drive Miami, Florida 33133 Letter of Opposition to the "Kubik" Project Dear Commissioner Winton and Chairman Black: A property ownernd / or resident of the Palm Grove neighborhood, I am in opposition to the proposed "Kubik" project at 56 to 58 Street on Biscayne Boulevard. This project is completely out of scale and character for the neighborhood. It will be 150 feet high and consist of 293 units, yet sit directly across 58"' street from single story, single family homes. This project will increase traffic through our neighborhood and on Biscayne Boulevard, which is already so congested that it is rated an "F" street by the State of Florida's Department of Transportation. Please help preserve the quality of life in our neighborhood by denying this project. Thank you, `1/3�b y Date Name �,�, .> oa 7 NE ct k Address in Palm Grove Commissioner Johnny Winton Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Chairman Chip Black Planning Advisory Board 3500 Pan American Drive Miami, Florida 33133 Letter of Opposition to the "Kubik" Project Dear Commissioner Winton and Chairman Black: As a property owu and / or resident of the Palm Grove neighborhood, I am in opposition to the proposed "Kubik" project at 56 to 58 Street on Biscayne Boulevard. This project is completely out of scale and character for the neighborhood. It will be 150 feet high and consist of 293 units, yet sit directly across 58th street from single story, single family homes. This project will increase traffic through our neighborhood and on Biscayne Boulevard, which is already so congested that it is rated an "F" street by the State of Florida's Department of Transportation. Please help preserve the quality of life in our neighborhood by denying this project. Thank you, veLA,A Signature Date vL,u5 Pwc e. Name 5K?8NEc/ 7" Address in Palm Grove Commissioner Johnny Winton Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Chairman Chip Black Planning Advisory Board 3500 Pan American Drive Miami, Florida 33133 Letter of Opposition to the "Kubik" Project Dear Commissioner Winton and Chairman Black: As a Rtoperty owner )nd / or resident of the Palm Grove neighborhood, I am in opposition to the proposed "Kubik" project at 56 to 58 Street on Biscayne Boulevard. This project is completely out of scale and character for the neighborhood. It will be 150 feet high and consist of 293 units, yet sit directly across 58th street from single story, single family homes. This project will increase traffic through our neighborhood and on Biscayne Boulevard, which is already so congested that it is rated an "F" street by the State of Florida's Department of Transportation. Please help preserve the quality of life in our neighborhood by denying this project. Thank y Signature Kar1h `lC.t)`✓h Name /frr Caves Address in Palm Grove per, /.aaa y Date PowerPoint presentation to the Miami City Commission on the "Kubik at Morningside" condo project. May 6, 2004. By Elvis Cruz 631 NE 57 Street and Mary Foehrenbach, 655 NE 55 Terrace. Gentlemen, **Section 1305.2 of the zoning code empowers you to protect the public interest with these Design Review Criteria: **Respond to the physical contextual environment taking into consideration urban form, **respond to the neighborhood context, and create a transition in bulk and scale. **As I've shown in earlier appearances here, on the 2.48 miles of Biscayne Boulevard north of 48 street, **95% of the properties are 2 stories or less, with only **14 buildings higher than 2 stories, and 8 of those being only 3 stories. That is the neighborhood context. **There is, however, a 10 story building across the street from the proposed site, at 5701 Biscayne. **Still surrounded by single **family homes **and 2 story apartments, it was **out of scale when built in 1973. **Even today, there is no other 10 story or higher building on the East side of Biscayne from well below 36 street to far above the city limits. **Even today there is no other 10 story or higher building on the West side of Biscayne from 48 street to the INS building at 79 street. Does it make sense to use a 31 year old violation of scale to justify another violation of scale? **The scale model before you, with the existing 5701 Biscayne building in blue, **shows beyond any reasonable doubt that the proposed building is out of scale with the existing neborhood. UB4IftED INTO THE PUBLIC RECORD FOR • ITPAA ►P28 7 rut' 4--.I. -f9 Id **As per the submitted plans, the building is over 162 feet tall, over 400 feet wide, with 293 units. **Notice the single family homes across 58 street. They've been overwhelmed. **The proponents say that they met many times with area neighbors and have letters of support. They did, but those meetings never resolved the bulk and scale problem with the project, and they involved questionable tactics. **They told us, and this commission, that the building height is 149' 11". **But their submitted plans show 162'5". **This is a picture shown to area neighbors. Notice the building on the left side of frame — that's 5701 Biscayne, a 10 story building, yet here the Kubik building is made to look shorter than it, and about only twice as tall as the young mahogany tree on the right. The balconies shown are actually on every other floor. This misled several neighbors into signing letters of support for what they thought was a 7 story building. I now submit for the public record 4 letters that retract support, and an additional 7 letters from area neighbors in the immediate area expressing their opposition. Gentlemen, this is the 11`'' time that the neighbors of the Upper Eastside have come to city hall to fight hi -rises. At this time I ask all those who are here seeking denial of this project to please stand and be recognized. Lastly, this building would sit across 58 street from 4 single family houses. Proponents dismiss that out of hand because it's an R3 neighborhood. We have a letter from an expert witness that examines that R3 neighborhood. To read the letter we have Ms. Mary Foeherenbach. This is a letter from Miami Historian Dr. Paul George. Dear Miami City Commissioners: **This plat map shows the Bayshore Subdivision from the early 1920's. Back then it was zoned single family, and went from Biscayne Bay west to the 1-EC railroad, from 55 Terrace north to 61 street. **It includes today's Soyka complex and the proposed condo site. **In the late 1920's, Biscayne Boulevard was constructed through the area, separating Bayshore into east and west. East Bayshore is today known as Morningside, which is still zoned for single family houses. **Unfortunately, for reasons known only to the authors of Miami's bizarre zoning, West Bayshore was rezoned to R3, even though there are still 41 single-family houses there. These examples show they have the same architecture and vintage as Morningside's historic district. This area is rich in Miami's history, including it's earliest roots as Lemon City and the location of the beautiful coral rock masterpiece, the Bayshore Pumphouse, once threatened but now being preserved. While West Bayshore may not be an officially designated historic district, it certainly could and should be. I am in opposition to the proposed behemoth condominium project. **It would sit directly across 58th street **from these four single- family homes. **Should these single-family homeowners **be punished because they are in an R3 zone? **The project would also likely demolish the beautiful home of the Northeast Miami Women's Club, now known as the In Motion Dance Studio, designed by renowned architect V.H. Nellenboggen. What kind of future will this neighborhood face if this massive building project goes forward? Historic neighborhoods of single family homes are a precious treasure to any city, regarded across the country as a key to both the past and the future. Please protect Miami's past and future by denying this out -of -scale project. Thank you very much. Sincerely, Paul S. George, Ph.D. Historian Control Growth on Biscayne Boulevard. DESIGN REVIEW CRITERIA ,'. Site '& Urban Plannin•: it) Respond to t e physic' can#e: tua► environment taking intq cgosideratnn'" ,rban form: and natural 2) Siting sha'ict.m pipia 95% are only 2 stories or less. Section 1305.2 Neighborhood Context and Scale. appucao►e ianoscape ordinance Respond to the ahborhood contex bu 4) Use architectu al of dti c Only 14 buildings 3 stories or more, from 48 to 87 Street. 1 Truth? Upper East Side Neighbors: Our l lth appearance. A letter from Miami Historian Dr. Paul George The R3 neighborhood to the North. 5 6 7 Thank you very much. Sincerely, Paul S. George, Ph.D. Historian 8 DESIGN REVIEW CRITERIA ("PEDESTRIAN ORIENTATED DEVELOPMENT") Testifying Neighbor: J2)/L 2a Ys'D r1S b 6 v A/ts 3-9 ,5 c,`- THE LAW In accordance with Article 13 of the Miami Zoning Code, the subject project is required to be consistent with the Design Review Criteria in Section 1305.2. Under the Pedestrian Oriented Development criteria, the project must: 1. Design facades that respond primarily to the human scale. 2. Provide active, non -blank facades. Where blank walls are unavoidable, they should receive design treatment. ANALYSIS The lack of adequate physical breaks in the base portion of the structure results in a massive, run-on building fronting the sidewalk, thus failing to adequate respond to the human scale. Secondly, only one (1) building elevation was submitted; therefore it is impossible to verify whether this particular criteria has been met.2- Additionally, it is not clear from the submitted plans how the 2nd and 3rd floors of the street facing portions of the parking base will be utilized. Therefore, the project fails to comply with the criteria listed in Sec. 1305.2 of the City Code. 2 Once again, this issue was raised at the PAB hearing. SUBMITTED INTO THE PUBLIC RECORD FOR ITEM L. 7 ON .6___:_-4.-2521 DESIGN REVIEW CRITERIA ("SCREENING") Testifying Neighbor: // "% 17102- IC SG (/j {} ll/(J 3-� - THE LAW In accordance with Article 13 of the Miami Zoning Code, the subject project is required to be consistent with the Design Review Criteria in Section 1305.2. Under the Screening criteria, the project must: 1. Screen parking garage structure with program uses. Where program uses are not feasible, soften the garage structure with trellises, landscaping, and/or other suitable design element. ANALYSIS Details regarding the mechanical ventilation of the proposed garage levels have not been provided. In this regard, the size, location and orientation of fans and vents associated with mechanical ventilation will have a significant impact on adjacent residential structures, as well as the units in the tower portion of the subject project. Additionally, it is not clear from the submitted plans how the 2nd and 3rd floors of the street facing portions of the parking base will be utilized. Therefore, the project fails to comply with the criteria listed in Sec. 1305.2 of the City Code. SUBMITTED INTO TNT PUBLIC RECORD FO: ITEM��, ON�y //I HISTORIC PRESERVATION Testifying Neighbor: ----- The City's adopted Comprehensive Plan contains many goals, objectives, and policies calllfor preserving important and unique historical resources. There are five (5) sets of existing structures on the subject site, with varying degrees of architectural and historic significance, which are proposed to be demolished. Two of these structures are clearly important to the historical context of the Boulevard: 1. The "In Motion Dance Center" at the corner of NE 4th Court and NE 58th Street is clearly the most significant structure on the subject site. This structure is an outstanding example of the med-deco architectural style, with an exceptional degree of historic and architectural integrity. This structure is defined by a well developed, cylindrical corner, flanked by asymmetrical wings. The building is in excellent condition and well maintained; the structure is representative of its period, and contributes to the as -built scale and context of the immediate area. Additional research regarding the history of this structure should be completed prior to the project going forward, as every effort should be made to retain and preserve this building. 2. The structure at the northeast corner of the site (58th Street and Biscayne Blvd) is an early Post -War Modern (MiM9) structure, typical of the motel architecture unique to upper Biscayne Blvd. This structure is consistent with '5-e as -built scale and context of this section of the Boulevard. The proposed demolition or removal of time tested, established and context -sensitive building$ on Biscayne Blvd is significant. Further, the proposed replacement project fails to address the existing, successful building form in any way. Significant changes to the architectural vocabulary at the base level of the project are in order to address this gross deficiency. Allowing the destruction of these buildings would be a violation of the City's adopted Comprehensive Plan. SUBMITTED INTO THE PUBLIC RECORD FOR 1TEMON,�> DESIGN REVIEW CRITERIA ("STREETSCAPE AND OPEN SPACE") Testifying Neighbor: THE LAW 6k�r rye 7 0 10 +-fir In accordance with Article 13 of the Miami Zoning Code, the subject project is required to be consistent with the Design Review Criteria in Section 1305.2. Under the Streetscape and Open Space criteria, the project must: 1. Provide usable open space that allows for convenient and visible pedestrian access from the public sidewalk. ANALYSIS The submitted drawings fail to clearly delineate and define pedestrian points of access; pedestrian access to the residential tower directly from Biscayne Boulevard has not been provided. Therefore, the project fails to comply with the criteria listed in Sec. 1305.2 of the City Code. SUBM1TTED INTO THE PUBLIC RECORD FOR ITEM PZ 7 kf-..±2.1., DESIGN REVIEW CRITERIA ("SIGNAGE AND LIGHTING") Testifying Neighbor: THE LAW ft- qi In accordance with Article 13 of the Miami Zoning Code, the subject project is required to be consistent with the Design Review Criteria in Section 1305.2. Under the Signage and Lighting criteria, the project must: 1 . Orient outside lighting to minimize glare to adjacent properties. ANALYSIS An exterior lighting plan has not been provided. Therefore, the project fails to comply with the criteria listed in Sec. 1305.2 of the City Code. SUBMITTED INTO THE PUBLIC RECORD FOR ITEM.rz. 7 ON 5'4o4 I COMPLIANCE WITH SEC. 1703( M.U.S.P.) Testifying Neighbor: THE LAW $161444Ak1 Ckfik/AAAs_ 00 IJe S! 541-r-d- Section 1703 of the City's Zoning Code dictates that the Commission, in reaching a decision on the application as submitted, shall make a determination as to whether the development will be in conformity with, or necessitate a change in, the adopted Miami Comprehensive Plan. ANALYSIS Neither the City nor the Applicant has questioned the project's compatibility with the City's adopted Comprehensive Plan. Specifically the goals, objectives, and policies that ▪ protect existing residential neighborhoods from incompatible land uses (LU-1, LU-1.1.3, HO-2.1.1), • preserve important and unique historical resources (LU-2, LU-2.4), ▪ encourage mixed -use multi -family development in and near the downtown/city center (LU-1.4, HO-2, HO-2.1, TR-1.5.2), and • ensure adequate public infrastructure is in place at the time new developments are built (LU-1.3, LU-1.6.4, TR-1.1.2, TR-1.1.4, TR- 1 8) Under state law, development orders issued by the City must be consistent with its adopted Comprehensive Plan. Based on our initial review of the Kubik project, the project contravenes many of the City's adopted goals, objective and policies and, therefore, is subject to a legal challenge by adversely affected neighbors. The amount of density and height proposed by the applicant is too much for the subject site. Notwithstanding any potential changes in building orientation, siting, massing and design, the amount of commercial and residential space, as well as required parking, as proposed, will significantly strain the infrastructure requirements of the immediate area and further burden a local and regional roadway system that is operating past capacity. Therefore, the project as proposed should not be approved. YSESIGN REVIEW CRITERIA ("ARCHITECTURE AND LANDSCAPE ARCHITECTURE") r Testifying Neighbor: -1- TestifyingSi/Lipson/ 53e2 n/E %Sf- THE LAW In accordance with Article 13 of the Miami Zoning Code, the subject project is required to be consistent with the Design Review Criteria in Section 1305.2. Under the Architecture and Landscape Architecture criteria, the project must: 1. Respond to the neighborhood context 2. Create a transition in bulk and scale. 3. Articulate the building fagade vertically and horizontally in intervals that conform to the existing structures in the vicinity. ANALYSIS The existing neighborhood context is one of much lower scale structures, on smaller, individual lots. This existing context -has ,not been addressed in anyway by the applicant, as the projectA onsl-Sts of a monumental base, 4 stories in height, running the entire length of the property, and a similarly oriented tower that has only one break. Secondly, no transition in bulk or scale has been provided as the subject structure fails to provide any type of stepped massing or orientation that allows for a better transition from the sidewalk level to the highest floor; the proposed structure goes from grade level to 150 feet within the same building, plane. Finally, the /structure has been overly massed in a horizontal fashion; when combined Othe proposed height, the result is a structure that fails to establish an adequate horizontal -vertical balance, and inappropriately broadsides the sidewalk, street, and surrounding area. Therefore, the project fails to comply with the criteria listed in Sec. 1305.2 of the City Code. I suggest that, in addition to reducing the height and density, as well as re -orienting the mass of the tower in a perpendicular manner, the project needs to employ other design options in order to address the established context of the immediate area. Such options include gradually or incrementally stepping the building back from the streets, creating multiple towers with significantly smaller footprints, and utilizing different types of massing forms and floor plates, which are tnOre err,-)264ric q s D v�jOS2d 7Iz7 re_o_-Y- .27u/G7^. more geometric, as opposed to rectangular. SIZE, SCALE, AND CONTEXT DOES MATTER Section 1702,1703, and 1305 (Miami Zoning Code) BEFORE KUBIK Dance Studio / Women's Center Andiamo / Car wash Soyka Falls Andiamo / Car wash Soyka AFTER KUBIK Falls URBANOLOGY, INC. 05.06.04 O O u INFAI ., . maresqfftwwwimImi.El 1.. mi. E ill III -- ill IiimiaMm'fir.1411.1_ 1MN Ell 1 OMNI 11-(Pr 'u �H e /2-- ftii°11-111111.111111.1.111MIIII db architects oppenheim architecture and design 6 60 -1H DANCE STUDY) EAST ELEVATION H nn HHHHH WEST ELEVATION O Painted Stucco 0 Alum. Window Frame 0 Architectural Conc. © Alum Lowers 0 TintedGlass O Alum. Guard Rails 0 Perforated Metal Panel K U HFH :tt t 41.7e7an f t SUBMFrrr 0 THE PUBiC F1t A ORD FOB. 1 Om 5-(9-OL1 r e° ANDMI.IOP�A'. ELEVATIONS scale : 1" — 50.-0" Al Ilk AIL