HomeMy WebLinkAboutSubmittal-Maria Lopez De Alba-Information PacketSubmitted into the public
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Legislation now considers increase in intensity of additional
height as it relates to traffic (streetscape barriers, parking
provisions)
- Legislation now considers increased massing of heights above
35 feet (now requires a 50 foot setback for massing above 35
feet)
- Legislation specifically considers the negative impact of
commercial intrusion and use on the quality of abutting
residential neighborhoods and cites it as a reason for denial of
applications.
- Legislation now confines projects to MiMo boundaries
- Legislation defines by whom and how the $6 million in public
benefits is evaluated
- Legislation also defines the term "public agency."
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Here again, are the "findings" of the HEPB that cause all of us
concern. We can use them as our guide to articulate the
additional changes we want to see added into the language of the
ordinance before it can be passed.
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 Tess
than $6 million in potential public benefits is evaluated
3/12/24, 9:40 AM
AOL Mail - Re: Petition against breaking the present height restriction on Mimo district of 35 ft to 55 ft
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COMMISIONERS, MAYOR AND OTHER CITY OFFICIALS, REF TO FR5 15353.
Mariella lopez De Albear (661 NE 68 st) We don't live in zip code , We live in a
Planet. 3/14/2024
Last week the proposed amendment which would allow for exceptions/increased height
up to 55 feet for some new construction in the MiMo Biscayne Historic District was
reviewed by the City of Miami Historic and Environmental Preservation Board (HEPB
Board) and the City of Miami Planning, Zoning and Appeals Board (PZAB).
Before everything got "supersized" by Miami 21, 55 feet is what people used to think of
as about five stories. Now that might not sound that high for some of you, but if it's
YOUR single -story residence/neighborhood that's on the other side of the property
line from a large proposed five story parking garage/office building, it's going to seem
VERY BIG indeed.
The problem is that as it now stands, the ordinance is so broad and vague in its
language, that it does not provide for enough protections for the single-family residential
communities that would be impacted. There are FOUR such beautiful, historic/single
family communities which abut the MiMo district--Morningside, Bayside, Palm Grove
and Belle Meade. The MiMo historic district is only one lot deep. MiMo is JUST the
commercial buildings that line either side of the Boulevard from NE 50th St to NE 77
St. Right behind many of these buildings - on the other side of the property line - are
single family, historic homes.
The HEPB unanimously voted AGAINST recommending the passage of the legislation
to the City Commission, citing several findings which all related to the overly vague and
broad language currently being proposed for enactment. PZAB voted 7-2 to
recommend it although the PZAB Chair also voted against it for the same reason as the
HEPB--saying the proposal was too rushed, and that it needs more "fleshing out."
Next Thursday 3/14, the City Commission will consider the proposal at a "First Reading"
at City Hall starting at 9:00 AM (FR5 - Item 15353).
One of the main objectives stated in our Miami 21 zoning code is to provide
for Preservation of Neighborhoods. Several Miami communities that abut commercial
corridors like the MiMo district have enacted extensive provisions to limit unwanted
impact of commercial encroachment. Coral Gate (a traditional single-family
neighborhood with a 25-foot height restriction which abuts Coral Way), and two
neighborhoods in Coconut Grove are examples. All three are Neighborhood
Conservation Districts (NCDs). Our Upper Eastside is designated predominantly
Historic -- which generally requires even more rigorous restrictions than NCDs.
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There's no reason why Upper Eastside residential neighborhoods shout not ask
for and reasonably expect to see similar protections for our communities to be
written in to any legislation which provides for increased intensity along an
abutting commercial corridor.
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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 zoning designation shall be a minimum of fifty(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
S
City Clerk
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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 orgarbage 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 nei hborhoods or other uses which could deteriorate the historic, low -
density quality of said neighborhoods.
City Clerk