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HomeMy WebLinkAboutSubmittal-Deborah Stander-Letters-Proposed Change to Chapter 23Submitted into the public recor for item(s) on City Clerk HEPB MEETING — MARCH 5, 2024 ITEM # 2 — PROPOSED CHANGE TO CHAPTER 23 HEIGHT RESTRICTION HEPB ITEM #2 Notwithstanding the above, new construction of a single project on a one (1) acre contiguous lot or larger not to be separated by a street or alley, which provides a public benefit provided by a public agency to the Miami Modern (MIMO) / Biscayne Boulevard Historic District community, the HEPB may grant an additional height allowable up to but not to exceed 20 feet of additional height above the maximum height permitted, for a total of 55 feet, consistent with the procedures in City Code Chapter 23 Historic Preservation. Solely for the purposes of Chapter 23-6, a public benefit shall mean infrastructure improvements not required by local regulations, including but not limited to, public parking, sustainability measures, streetscape improvements, and alternative transportation services, accessible to the public with a value no less than $6 million dollars. RECOMMENDATION UNANIMOUSLY DENIED WITH FINDINGS FINDINGS: 1. The legislation fails to consider the impact of the increase in intensity of additional height as it relates to traffic; 2. The legislation fails to consider the increased massing of all heights above 35 feet and existing setback impact on adjacent or abutting T3 zones; 3. The legislation fails to consider potential diminishment of existing public benefits to adjacent historic homes; 4. The legislation fails to confine the project within the MiMo boundaries; 5. The legislation fails to define by whom and how the no less than $6 million in potential public benefits is evaluated. I S' E-o 1 0 - Ocboli S474 ad at__ Lc-4gs 'Toppled r v;o.,-Nq.t2 -Fo Submitted into the public record or it- (s) on Proposed Amendment to Chapter 23 Ordinances Additions Addressing Community Concerns Notwithstanding the above, new construction of a single project on a one (1) acre contiguous lot or larger not to be separated by a street or alley, which provides a public benefit provided by a public agency as defined in Fla. Stat. 119.0701(1)(b) to the Miami Modern (MiMo) / Biscayne Boulevard Historic District community, the HEPB may grant an additional height allowable up to but not to exceed 20 feet of additional height above the maximum height permitted for a total of 55 feet, consistent with the procedures in City Code Chapter 23 Historic Preservation. Solely for the purposes of Chapter 23-6, -a public benefit shall mean infrastructure improvements not required by local regulations including but not limited to, public parking, sustainability measures, streetscape improvements and alternative transportation services accessible to the public with a value no less than $6 million dollars. a) The dollar value of said public benefits shall be determined pursuant to an independent appraisal conducted by a certified professional. The bona fide benefit to the public shall be evaluated by the Planning Department, HEPB and PZAB at duly noticed public hearings. b) Only new construction providing such public benefits on commercially zoned one (1) acre or larger_contiguous lots situated wholly within the existing boundaries of the MiMo/Biscayne Boulevard Historic District as of the effective date of this amendment shall be eligible for the additional height increase. c) Where such new construction results in massing of heights above the 35 foot height limit. the setback from the side or rear lot line abutting a property with a more restrictive zoningdesignation shall be a minimum offifty(50) feet The setback shall include a 20-foot heavily landscaped buffer area. d) Except where required for emergency access or other compelling public safety reasons. vehicular driveways shall not be located within one hundred (100) feet of residentially zoned land along the same side of the street, as measured from the nearest point of the driveway. e) The City of Miami Municipal Parking Authority shall retain ownership of all parking spaces and revenue for new construction applying for the height increase. Such MPA owned parking shall include a minimum of one (1) space per every two hundred City Clerk Subm'tted into the public record for 'tem(s) on E City Clerk fifty (250) square feet of gross floor area. All required parking must be provided on site. i. If the MPA parking is to be for paid parking, the first two hours shall be free of charge. to diminish spillover parking in the residential neighborhoods. MPA shall offer a "free" resident -only parking permit program to residents on streets within a three -block radius of the public parking garage during construction and for the first five (5) years from the opening date of the public parking garage. Additionally. MPA. with the appropriate City/County/State agencies. shall offer to create streetscape improvements including but not limited to landscaped and/or other vehicular street barriers so as to prevent vehicles. commercial trucks. deliveries or garbage pick-up from leaving or entering the public parking garage and traversing through adjacent historic/single family neighborhoods. f) The Planning Department, HEPB and PZAB shall have the ability to deny such applications for a height increase where it is found that the project will have an overly negative impact of commercial intrusion into abutting historic and single- family neighborhoods or other uses which could deteriorate the historic. low - density quality of said neighborhoods.