HomeMy WebLinkAboutSubmittal-Johannah Brown-Presentation ReportSubmitted into the public {\ recor f r it rn(s) �
on City Clerk
My name is Johannah Brown. 1 am a mother of four young children and an abutting neighbor to
Battersea Woods. 1 have given each of you a detailed document based on many hours of
research I have conducted that I would request to be included in the record. I will reference
the document but with only 2 minutes will not have time to present all of the details to support
my stance.
I would like begin by updating you on the current outcomes we have had with the developers
of this project since the last commission meeting on July 29t". After numerous meetings, the
developers last Friday said they would be willing to address changes in the facade, entrances,
and landscape of each building so they look Tess"similar" to one another. I sincerely appreciate
the time and effort they have put into our meetings and a potential compromise. One month
has not been enough time to resolve this issue as we have not had an opportunity to see the
updated renderings. Further if a compromise is reached how can we be certain these updates
will be enforced and applied and by whom? What about the density? The developers stated
removing one of the five buildings was a deal -breaker and would not be considered.
Why are we in this situation? Why am I, a mother of four young children, losing sleep at night
plagued by the details, integrity, and ethics of Battersea Woods? 1 care immensely about what
makes our neighborhood unique. But it is not my job to enforce the codes in place to preserve
the unique characteristics of the Grove -it's eclectic architecture and tree canopy and peaceful
environment with accompanying low density.
Here are my additional questions and concerns:
Why was there not a warrant process? The intent of NCD# is clear in black and white — it "is
intended to protect the low density residential and dominant tree canopy characteristics of
Coconut Grove and prevent the intrusion of additional density.
It is the administrations duty when interpreting the code or resolving ambiguities to preserve
the intent of the law. In this instance there is legal wrangling over the definition of Tots and
building sites that serves to circumvent an essential requirement of the law - that this should
have gone through a warrant process.
Battersea Woods is a building site because it fits the definition according to the NDC3 of the
Miami 21 code 3.6,c which you will find highlighted on page 2. of my submitted document.
"a building site shall be defined as one or more lots or portions of lots that are aggregated to
form a single family residential site including vacant lots."
The definition of a lot in Miami 21 section 1.2 is as follows:
"A lot is any individual Lot, tract or parcel of land, intended as a single Building site or unit,
having an assigned number or numbers, letter or letters, or other name through which it may be
identified for development purposes. A Lot may also be any combination of Lots, tracts, parcels
Id-OOB11 S°'6\r‘\\4\ %Q14)A
\teoC4
Submitted into the public cA
record r i em(s)
on'& If, City Clerk
or other areas of land established by acceptable legal joinder, delineated by a closed boundary
and assigned a number, letter or other name through which it may be identified, intended as a
single unit for development purposes."
All of these lots both the un-platted portion and the two platted portions have legal joinders
delineated by boundaries, folio Ws and legal descriptions.
As such Battersea Woods is a building site and a lot according to these definitions and because
there was a single family home on the lot (circa 1910) should not be subdivided without a
warrant according to NCD3 Appendix A 3.6.g.1 stating "No building sites in existence prior to
September 24, 2005 .shall be diminished in size except by Warrant."
The interpretations made by the city attorney flies in the face of the intent of the code.
The interpretation and subsequent recommendation by the city attorney appears to deny due
process to the people with vested interest in this decision.
The NCD3 Code was derived from the old SD-18 code that was part of the former city
ordinances. It had lot size restrictions and lot width restrictions as well meant to strengthen
the code in the face of encroaching density. In fact SD-18 it is referenced ion page 2 of the T-
plat letter from Sept 11. I would like to go on record as to asking why that is being referenced?
It was a good code that had some teeth in it and perhaps we should bring that back. I called
the Planning Director twice and sent him an email but never heard back from him.
I have spent countless hours trying to sort though all of this mess. I have met numerous times
with the developers whom l empathize with and who has been forthright and acted in good
faith to try and find common ground in rectifying this situation as well as follow directions to
the tee from the city. But there are still many questions the city needs to answer, we do not
have enough information from the developers yet and it seems the city needs to do the right
thing with regards to enforcing the code and the process behind it correctly. I can not in good
conscience support the approval and would respectfully ask for one more deferral to continue
working with the developers trying to resolve this issue.
Submitted into the public
record fg r tie (s)
on ! City Clerk
City of Miami
City Commission Meeting - Sept 8th, 2016
Agenda Item PH.4, 16-00821
Summary of meetings with Developers:
July 29th Commission Meeting
— Developers agree to meet with the neighbors to try and find compromise
that will satisfy neighbors and avoid any further conflict over the approval
of the final plat.
• August 12f h - Meeting with Developers neighbors and commissioner (John and
Deb Dolson, Johannah Brown, Kathy Parks, Ken Russell Anthony Balzabre,
Carlos Sosa Sr., Carlos Sosa Jr, Carlos Tosca)
— Developers present their case mainly facts about how there development
meets the requirements of the city code (lot size, FAR, Septic etc)
• August 26th, Sept 211 Sept 6th - More informal meetings
— Sept 2' — l st compromise discussion
— Changing some elements (facade, entrance, planting) of the current
designs to make house look less similar.
— Developer stated would be a "Deal killer" to reduce the density
• Already been in this process for 36 months
• Changing the plat again to reduce the number of houses would set
them back another 18 months and
Result:
• Have some commitment from the developers to change the look
— Have not seen the actual renderings of proposed changes
— Nothing in writing
— Step in the right but we need more time to review these
• Still no reduction in density
• Our attempts at compromise though a positive step for everyone involved do NOT
absolve the city of it's responsibility to enforce the City of Miami Code and it's
due process correctly.
Submitted into the public { y
record f r itT
m(s)
on 9 T%, 1 q City Clerk
Issue#1 : Whether Battersea Woods Plat must go through the warrant process because it
was a building site previously to September 24, 2005 and therefore may not be
diminished without a warrant.
Relevant Facts: Battersea Woods was purchased by the developers in 2013. The
property contained one large unplatted lot (43,996sqft) in the City of Miami and 2 platted
lots 18&19 of Block 2, of Coconut Grove Manor. The majority of these two lots sit in
the city of Coral Gables and a smaller portion of each sit in the City of Miami. The
Current T-Plat and subsequent application for final plat include the large unplatted lot
and the 2 smaller portions. It keeps them aggregated and then subdivides them into 5 lots
of approximately 10,000sqft each.
Analysis: The intent of Appendix A: AIDC3 of the Miami 21 code states:
The intent of the Coconut Grove Neighborhood Conservation District NCD-3
is to establish a protective series of legislative elements to preserve the
historic, heavily landscaped character of Coconut Grove's residential areas;
enhance and protect Coconut Grove's natural features such as the tree canopy
and green space; and protect the architectural variety within the unique single
family neighborhood that comprises Coconut Grove. The community of
Coconut Grove predates the City of Miami, and is known for its character,
derived from lush Iandscaping, and naturally occurring vegetation and trees,
and its unique property sizes and shapes; bay views; geologic features;
proximity to Biscayne Bay; public open space; recreational opportunities;
commercial services; and a special character imparted by its tropical
vegetation and historic structures.
Definition of Building Site 3.6.c
c. Building Envelope
For the purpose of this section, a building site shall be defined as one or more
lots or portions of lots that are aggregated to form a single family residential
site including vacant lots and all permissible accessory uses and structures.
Building sites shall not include any portions of land under a different zoning
transect
Definition of LOT in Miaim 21 Section 1.2
A Lot is any individual Lot, tract or parcel of land, intended as a single
Building site or unit, having an assigned number or numbers, letter or letters,
or other name through which it may be identified for development purposes.
A Lot may also be any combination of Lots, tracts, parcels or other areas of
land established by acceptable legal joinder, delineated by a closed boundary
and assigned a number, letter or other name through which it may he
identified, intended as a single unit for development purposes
As such Section 3.6.g.1 states:
Wherever an existing single-family residence or Iawful accessory building(s)
or structures} is located on one or more platted lots or portions thereof, such
lots shall thereafter constitute only one building site and no permit shall be
Submitted into the public O record fqr itdti(s)
an City Clerk
issued for the construction of more than one single-family residence except by
Warrant. Such structures shall include but not be limited to swimming pools,
tennis courts, walls, and fences or other at grade or above ground
improvements. No building sites in existence prior to September 24, 2005
shall be diminished in size except by Warrant, subject to the criteria specified
inArticle 4, Table 12 Design Review Criteria.
Executive Summary:
The un-platted portion of this property is a LOT
It has a legal joinder, delineated by a closed boundary — Exhibit A —shaded light
blue
• It has a number — folio # 0141290000210
• It has a name — legal description 29 54 41 1.01 AC BEG AT PIPE IN C/L OF
CO RD 13FTN OF N/L PB 5-79 PROD E 50 SD C/L W523FT TO PIPE
N166.5FT TO A PIPE E550FT TO A PIPE IN t~/L OF CO RD SW ALG RD 213FT
TO POB LESS W200 FT 3UST E OF COCONUT GROVE MAN LOT SIZE 43996
SQUARE FEET
The platted portions are lots because they are part of a plat but they too also
have the same criteria.
• Closed Boundary — Exhibit A — shaded light orange
• Folio /1's — 0141290240251, 0141290240241
• Descriptions - COCONUT GROVE MANOR PB 17-19 N13FT OF LOT 18 AS
MEAS AT R/A TO MOST NLY/L LOT 18 BLK 2 LOT SIZE 50.000 X 13 COC
24253-3014 12 2005 5 and COCONUT GROVE MANOR PB 17-19 N13FT OF
LOT 19 AS MEAS AT R/A TO MOST NLY/L LOT 19 BLK 2 LOT SIZE SITE
VALUE N/A/W 03-4129-024-0250 COC 24253-3014 12 20
If this is a lot then this is a building site. It was a building site previously to
September 24, 2005 and can not be diminished without a warrant. The
intent of the code is clear and it is not meant to be an exercise in parsing
words to avoid the intent.
Picture of 4384 Ingraham Hwy — House had been there since 191
Submitted into the public
record or t m(s) �
on City Clerk
cm
Issue #2 - . Whether or not a City Attorney can, with a recommendation
circumvent due process on a zoning administrators decision.
Relevant Facts:
In the Tplat letter dated Sept 11, 2015 EXHIBIT B the Zoning and planning department
stated that a Warrant was required Item #25.
A subsequent email dated November 20, 2015 EXHIBIT C from the City Attorney stated
that "we are recommending not applying the Warrant requirement to un-platted Land."
Executive Summary:
Nowhere in the NCD3 does it say if the land is un-platted then it can be subdivided
without a warrant.
Furthermore — there is an appeal process which could have been followed if the
recommendation to require a Warrant by the Zoning Administrator were to be appealed.
This "recommendation" by the City Attorney circumvents not only the warrant process but
the appeals process that would have been available to either side if they disagreed with the
decision of the Plajming Director or Zoning Administrator.
This is a departure from an essential requirement of law and therefore for this and based
on the facts we have in front of us I can not in good conscience support this plat going
forward at this time and would request a deferral.
Questions:
1. Why is SD-18 referenced in the Tplat letter? Do the former overlay restrictions still
apply?
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Gap of Tian i
September 11, 2015
Battersea Woods LLC
4904 SW 72 Avenue
Miami, FL 33155
i
Submitted into the public ? l 1
record r i (s) +
on City Clrlr
EXHIBIT "A"
DANIEL. J. ALFONSO
City Manager
BAT'TERSEA WOODS
TENTATIVE PLAT #1827-A (FIRST RESUBM,1TTAL)
LOCATED ALONG THE SOUTH SIDE OF BA i 1ERSEA ROAD, AND ALONG THE
NORTHWESTERLY SIDE OF INGRAHAM HIGHWAY
Ladies and Gentlemen:
The City of Miami Plat and Street Committee, at its meeting of September 3, 2015 approved the above
tentative plat subject to the following revisions being made to the tentative plat, additional information
being provided and/or variances being granted. Please he advised that the processing of your tentative plat
cannot proceed until these conditions have been satisfied:
1. On the application:
a) ITEM 2: Correct the Area.
b) ITEM 3: Add all information.
c) ITEM 4: Correct Exhibit "A" (incomplete legal).
d) Notarizati.on needs date and identification method.
e) Update page 2 of the application.
2. On the Location Sketch, show correct Subdivision names for the underlying plats.
3. The legal description on the tentative plat must match the legal description on Warranty Deed,
4. Show existing utilities, including underground, within the Right of Way.
5. Provide a copy of the Certified Corner Record.
6. Right of way dedication is required on Ingraham Highway,
7. The legal description is missing one line.
8. This property is located in a Neighborhood Conservation District (NCD). The City's Historical
Preservation. Office approval is required for any tree removals.
9. A letter from the Miruni — Dade Water and Sewer Department is required to determine if any
adjustments to their facilities or easements are required.
10. A zoning waiver is required for any demolition in a NCD-3, including the coral rock wall and CBS
wall in the right of way,
11. Provide a verification letter from the City's Preservation Officer if the coral rock wall and CBS
wall are to remain in the right of way.
12. A letter from Comcast is required to determine if any adjustments to their facilities or easements are
required.
13. Verify with Miami -Dade County that the proposed plat name is acceptable.
14. A11 encroachtnents across proposed tracts and/or lot lines must be removed prior to final plat
submittal.
DEPARTMFATOF PUBLIC WORKS
444 SW 2" Avenue, 8th Floor 1 Miami, FL 3313E / (305) 416-1200 / Fax: (305) 416-1275
Mang Address: P.q. Box 3.3077088 Miami, FE.33233J/05
V, yet boNt 01).1 )64/o
Submitted into the public'\
record f r i em(s) fl
on City Clerk
BATTERSEA WOODS - TENTATIVE PLAT #1827 — A (FIRST RESIUBMITTAL)
September I I, 2015
Page 2 of 3
15. An Opinion of Title, in th.e City of Miami Opinion of Title form, must be provided at the tune of
the final plat submittal.
16. Current backup documentation will be required for all who execute the final plat. A resolution for
authority to execute documents and a Certificate of Good standing from the Secretary of State are
required, if applicable.
17. Tentative plat application must be made with Miami -Dade County after receiving approval from the
City ofMiami Plat and Street Committee.
18. Be advised that an incomplete final plat package will not be accepted by the City of Miami. It is the
owner's responsibility to work with his surveyor and his attorney to assure that everything is in
order before submitting the finalplat package.
19. Be advised that if all requirements for scheduling the final plat for City Commission action are not
in order, the final plat will not be scheduled for a City Commission meeting.
20. Revise the zoning designation on the Location Map to add NCD-3 overlay pursuant to the City's
GIS.
21. Revise the Zoning designation as follows: T3-R SUBURBAN TRANSECT ZONES, NCD-3
NEIGHBORHOOD CONSERVATION DISTRICT under current Miami 21 Code, and. SD-18
liniantim Lot Size Overlay District. Under same item, remove NCD-3 and T3-R requirements.
22. In the .Development information data, add "Proposed Development: One (1) family residence on
each lot".
23. Change the "PROPOSED NUMBER OF LOTS: 5 (SINGLE FAMILY HOMES)" to "PROPOSED
NUMBER OF LOTS: five (5) lots.
24. In the brief purpose of this tentative plat paragraph of the Surveyor's Notes, add "Miami 21 Code".
25. The proposedtentative plat does not satisfy the intent of SD.18.2.1 which requires a minimum of
ten thousand (10,000) square feet of lot area and a minimum lot width of one hundred (100) feet. A
Warrant is required in accordance with Appendix "A", Section 3.6.g.1 of the Miami 21 Code.
Contact the City of Miami Planning and Zoning Department.
2+6. The tentative plat must comply with Miami 21 Code, Appendix "A", NCD Districts, Section 3.6
and 3.6 (a).
27, Provide an 11"x 17" PDF of the tentative plat to the Planning and Zoning Department.
28. Remove "concrete pavement" from the legend.
29. Provide a concrete landing for the bus stop on Ingraham Highway.
in addition to the above requirements, you should be aware of the following:
1. State and local laws require the installation of various physical improvements in the public
rights -of -way when property is platted. These subdivision improvements include paving,
drainage, landscaping, sidewalks, etc. In some cases this could represent a substantial
investment on your part.
REQUIRED: The submission of an electronic copy of the tentative plat, in an AutoCAD
version, to the City of Miami Public Works Department, Roadway Puns Section will
EXPEDITE the preparation and enhance the ACCURACY of the subdivision improvement
letter required for the final plat approval.
2. The alteration, relocation or installation of utilities such as storm and sanitary sewers, electric,
telephone, water, etc., caused by this plat will be at the property owner's expense. Also, utility
easements may be required on the property being platted.
3. A. building permit will not be issued on the property being platted until the final plat is recorded
or as authorized by the City of Miami Code Section 55-.10(i). Also, the Certificate of
Occupancy for any building construction will be issued only after all the required subdivision
improvements have been completed.
4. Approval for fire flow requirements must be obtained from the Fire -Rescue Department prior
to the issuance of a building permit.
Submitted into the public
on record 1t� 11b
City Clerk
BATTERSEA WOODS - TENTATIVE PLAT #1827 - A (FIRST RESUBMIflAL,)
September 11, 2015
Page 3of3
5. in order to mitigate problems associated with access and construction activities throughout the
neighborhood, the contraetorldeveloper is encouraged to notify the affected neighborhood
residents, in writing, of the project starting and completion dates at the time of issuance of
permits. The contractor/developer may coordinate the notification of residents with the local
City of Miami NET Service Center.
6. Additional items must be provided to the City of Miami Department of Public Works before
the final plat is submitted to the City Commission for approval. You will be notified in writing
as to what these items are after the amount of the bond has been determined for the necessary
subdivision improvements. It is required that the applicant contacts the City of Miami Public
Works Survey Section to verify that all final plat submittal documents are complete prior to
final plat submittal.
7. Tentative plat approval is only valid for one (I) year and six (6) months from the date of the
Plat and Street Committee meeting at which time it was approved.
If you have any questions concerning these requirements, please refer to the attached sheet for the
appropriate person to contact.
Ed) Santamaria, P.E., CGC
Direc °.r of Public Works
ES/C.f,H/kc
Enclosure: Contact Sheet
c: Manuel G. Vera and Associates .Inc.
13960 SW 47 Street
Miami, FL 33175
.Plat and Street Committee Members
Nzeribe Ihelcwaba, Ph.D., P.E., Assistant City Manager/Chief of Operations
Survey
Development and Roadway Plans
Central
E'ikibi+ c.,
Submitted into the public cy\.�1
record f r it (s) l�
on r6 1 City Clerk
From: "Goldberg, Daniel S." cdgoldberg@miamigov.com>
Date: November 20, 2015 at 2:47:41. PM EST
To: "jvazquez@bergersingerman.com" <jvazquez@bergersingerman.com>
Cc: "Mendez, Victoria" <VMende2@miamigov.com>, "Min, Barnaby" cbmin@miamigov.com>, "Quirke,
Amanda 1." calquirke@miamigov.com>, "Ellis, Jacqueline' <JEliis@miamigay.com>, "Brimo,
Christopher" r CBrimo@miarriigov.com>, "Cejas, Devin" <DCejas@miamigov.com>
Subject: Warrant requirement for unplatted lands in NCD-3
Javier,
We have taken a look at NCD-3 and its application to unplatted lands. NCD-3 requires a "building site" in
existence as of Sept 24, 2005 may only be diminished in size by Warrant.
"Building site" is further defined as "one or more lots or portions of lots that are aggregated to form a
single family residential site including vacant lots and all permissible accessory uses and structures."
Since the land is unplatted, it doesn't consist of lots or portions thereof. Additionally, as it is unplatted,
there is no aggregation.
Lastly, NCD-3 provides that: "Wherever an existing single-family residence or lawful accessory buildings)
or structure(s) is located on one or more platted lots or portions thereof, such lots shall thereafter
constitute only one building site and no permit shall be issued for the construction of more than one
single-family residence except by Warrant."
Though there was a single family home on the site, the land was unplatted and therefore did not
constitute a building site under the NCD-3 overlay.
This was done on at least one other t-plat of unplatted land. For the sake of consistency, we are
recommending not applying the Warrant requirement to unplatted land in NCD-3. It still applies to
platted lots, including any case where the applicant submits a t-plat to replat partially platted land and
partially unplatted land.
As your Battersea t-plat is only unplatted lands, a Warrant is not required.
Thank you.
Daniel 5. Goldberg, Assistant City Attorney
City of Miami Office of the City Attorney
Telephone: 305-416-1859
Facsimile: 305-416-1801
dcoldberg@rniarnigev.com
Assistant: Aida Garda 1305j 416-1815
led into the public
it)i riemtsi 77f7'. 5
7/2q//Co. City Clerk