HomeMy WebLinkAboutSubmittal-11
5101 & 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.
***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 Tots
along Biscayne were originally platted for single family homes,
***and are therefore very shallow. ***This is why there are still 15 of
ray-ao-ParivLtki -t
SUBMITTED INTO THE
PUBLIC RECORD FOR
ITEM ez.is ON ii-18-0y.
2
the original single family homes still standing on Biscayne Boulevard,
and why the Tots 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 Tess 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 Tess. ***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 1z-1s on11-I904,
Priscilla A. Thompson
f :n. f+t',.1.
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 PL-15 on II^)P-041
Priscilla A. Thompson
City Clerk
4
***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 #'z-IS on II- Ii-o4
Priscilla A. Thompson
City Clerk
5
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 Into ee pub i
record in connection
item_-_.
Priscilla A. C� Clerkpson
Control Growth
on
Biscayne
Boulevard.
DESIGN REVIEW
CRITERIA
1. Site 8 Urban
Plannin •
1NDU
TRIP
f1) Respond to the physical
contextual environment
taking into consideration
urban ion and natural
features.
[2)_Sitino should minimize
the Impact of automobile
Biscayne is only 100 feet wide here.'
FAR is a
maximum,
not an
entitlement.
c��JE,TfII.dule ldi IU:rC;ci�Ji
ordinances.
(2) Respond to thq
nut hborhood context.
00) Create a transition in
bulk and scale
L4) Use architoctura
.c fry. 1i.
Submitted Into the public
record in Iconnection —/
item z ._.__
Priscilla A. Thompson 1
City Clerk
Submitted Into the public
record in connection with
item P2-/6" on //-/f4v,1
Priscilla A. Thompson
City Cferk
COMMERCIAL STREET SECTIONS
a 100 FOOT R.O. W.
1
a.
cv WS
URBAN DESIGN MANUAL
Prepared by the Miami -Dade County
Department of Planning and Zoning
February, 1999
Reprinted June. 2000
Preferred
1.
xa t eau •6-
CUMMrlif1/4 Sf RI I Ski TIONS
,aa tom
In this preferred example, the ratio is slightly less than I
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.
With the landscaped median, the scale is funhcr reduced.
Submitted Into the public
record in connection with
onetionith
item l--S -- ---
Priscilla A. ty C}e k
Preferred
1.
xa t eau •6-
CUMMrlif1/4 Sf RI I Ski TIONS
,aa tom
In this preferred example, the ratio is slightly less than I
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.
With the landscaped median, the scale is funhcr reduced.
Submitted Into the public
record in connection with
onetionith
item l--S -- ---
Priscilla A. ty C}e k
11.r .^:'lit, n111
line rr>a l I. his li5tirut) o(Ow sisal :.
The Urban
Form of
Biscayne:
95%
are only 2 stories
or less.
rc.uir pi -similar building heights.. dsflautist of the burktng base, wiry aw dablInle,.
4,0-WainA and the piseemsnt of articulated craranecs at hkick : emsrn, rmanng a
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
item 1�2-___ \__.on 1 k : 1 E 20
Priscilla A. Thompson 4
City Clerk
which encompasses
the Upper Eastside and the Edgewater com-
munities. The plan will establish standards
that emphasize a human -scaled, pedestrian -
friendly Boulevard that promotes compat-
ible development to respond to the conte4
of the Boulevard and its imntediate tair:f
rounding neighborhoods.
The Biscayne Boulevard Study is an im-
portant component for the Upper Eastside
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Submitted Into the public
record in connection with
item a - 15- on
Priscilla A. Thompson
City Clerk
Shaded streets with storefronts intermixed with
In-
els
as
ee,
re-
Nat-
eri
There are public spaces tof all wth a vanetY at
shoos and services provided.
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erd mot 64.1,,iffg *5-10 oreifttaaniii,g
Submitted Into the public
record in connection with
item 1)2.-15-- on ii- ozi
Priscilla A. Thompson
City Clerk
ld be analyzed and evaluated for p
family (townhouse or PUD type) ]
um height of 3O°et=fo
.vain . Additionally, there have b
i space within this area.
irea Biscayne Boulevatd
x :aside.. This area undo.
Neighborhood
Context,
Transition in
Bulk and Scale.
Submitted Into the public
record in connectionon �� with
item P
Priscilla A, �.�� Clerk
429 Su 26 161
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with its plan to develop the area cast of 1-4
as a residential arca. 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
In sum, the conditions imposed by Orange
County's rezoning for the Lakepointe project
appear to be rationally related to maintaining
a residential feel and atmosphere for the
project Similar limitations have been
imposed by the County for commercial
developments for similar reasons In this
case, the primary justification for the
conditions was to preserve the residential
Submitted Into the public'
record in connection with
item
Priscilla A. Thompson
City Clerk
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.
Please approve
our appeal.
Submitted Into the public
record in connection with
item P2-15 on )t-18*.0
Priscilla A. Thompson
City Clerk
Thank you.
Submitted Into the public
record in connection with
item p2 -1 S on (1 48 -b q
Priscilla A. Thompson
City Clerk
10