HomeMy WebLinkAboutAppeal Letter to PZABa37-
STEARNS WEAVER MILLER
WEISSLERALHADEFF & SITTERSON, I.A.
May 19, 2017
VIA HAND DELIVERY
Olga Zamora, Chief
Planning and Zoning Department
Hearing Boards Division
City of Miami
444 S.W. 2nd Avenue, 3rd Floor
Miami, Florida 33130
Maria A. Graiia
150 West Hagler Street, Suite 2200
Miami, FL 33130
Direct: (305) 789-3525
Fax: (305) 789-2628
Email: mgralia@stearnsweaver.com
Re: Notice of Appeal - Warrant Final Decision - File No. 2017-0002
Dear Ms. Zamora:
This firm represents Avocado Property Development LLC, the applicant subject to
the above referenced Warrant (the "Applicant"). Applicant received notification of the
Final Decision denying the Warrant on May 9, 2017, a copy of which is attached for your
ease of reference. Please accept this Ietter as Applicant's Notice of Appeal pursuant to
Section 7.1.2.4(e) of Miami 21 for the reasons stated below.
1. The Planning Director fails to state with sufficient specificity the reasons why
Applicant has failed to meet the criteria set forth in Article 4, Table 12 of Miami
21. Appendix A, NCD-3 Section 3.6.g.1, states that no building sites as defined
therein, shall be diminished in size except by Warrant, subject to the criteria
specified in Article 4, Table 12 Design Review. Applicant's Letter of Intent
submitted along with its Warrant Application, meticulously addressed and
complied with each of the Design Review criteria. The City conspicuously skips
this step and proceeds to discuss matters that are not relevant to Article 4, Table
12, Design Review. Such lack of objective review criteria inevitably leads to
unjust and unfair outcomes.
2. The Planning Director mischaracterizes the Unity of Title that was subsequently
dissolved by a Circuit Judge through a quiet title action and not the Clerk of
Courts, ignoring the fact that the Unity of Title was a personal servitude. The
Unity of Title did not inure to the benefit of any successors and assigns, nor was
it executed in connection with any expansion plans for the site.
MIAMI • FORT LAUDERDALE • TAMPA • TALLAHASSEE
May 19, 2017
Page 2
3. The Planning Director does not provide any evidence that Lot 10 was part of a
single building site. The evidence, as established by the Planning Director,
clearly shows that a single family residence was constructed on Lots 11 and 12.
There is no evidence that Lot 10 had any at grade or above ground
improvements.
4. The Planning Director mischaracterizes the neighborhood composition
deliberately ignoring Applicant's substantial competent evidence submitted with
its Letter of Intent evidencing that more than 50% of the single family residences
within the Second Amended Plat of Cocoanut Grove Park Subdivision
("Subdivision") are constructed on lots consistent with the original intent of the
Subdivision comprising of 7,000 square feet lots.
In addition to the reasons stated above, Applicant has grave concerns with the
review criteria set forth in Appendix A, NCD-3 Section 3.6.g.1 and will address these
concerns at the hearing before the Planning, Zoning and Appeals Board. Accordingly,
Applicant respectfully requests that this Notice of Appeal be placed on the next available
Planning, Zoning and Appeals Board meeting for a de novo review of the Warrant
Application pursuant to Section 7.1.2.4(d) of Miami 21.
Enclosure (1)
cc: Francisco Garcia (courtesy copy via email)
Jacqueline Ellis (courtesy copy via email)
Luiz Vicentini (courtesy copy via email)
Devin Cejas (courtesy copy via email)
Amanda De Seta
Marcos DeSouza
William Hamilton Arthur IV AIA, NCARB
145730079 v2
Respectfully submitted,
aria A. Gralia, Esq.
MIAM[ • FORT LAUDERDALE TAMPA • TALLAHASSEE
WARRANT FINAL DECISION
To: Maria Gralia Esq.
C/o Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A
150 West Flagler Street, Suite 2200
Miami, FL 33130
From: Francisco J. Garcia, Director
Planning & Zoning Department
File No. 2017-0002
PLEASE TAKE NOTICE THAT A FINAL DECISION HAS BEEN REACHED ON THE FOLLOWING MATTER:
Title: 3600 Hibiscus Avenue located in a T3-R Transect Zone, NCD-3 Overlay
Address: 3501, 3511, 3521 Avocado Avenue, Coconut Grove NET
Prepared by: Luiz Vicentini, Planner I
Phone (305) 416-1408, e-mail: Iicentini@miamigov.com
Final Decision:
❑ Approval
O Approval with conditions
E Denial
WARRANT REQUEST
This request is to reduce an existing Building Site comprised of three lots of approximately 21,000
square feet of land. Specifically, the applicant requests to reduce the existing Building Site by
reverting the Building Site into three individual -platted lots, to create three new Building Sites.
Pursuant to Miami 21 Code, Appendix A, NCD-3, Section 3.6.g.1; Lots and Building Sites, as
adopted, the Zoning Ordinance of the City of Miami, Florida, which states that "Wherever an
existing single-family residence or lawful accessory building(s) 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. 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 criteria specified
in Article 4, Table 12 Design Review."
Pursuant to Article 7, Section 7.1.3.4 of the above -cited Zoning Ordinance, the Planning
Department has made referrals to the following Departments and Boards:
• City of Miami, Office of Zoning
• City of Miami, Building Department
• City of Miami, Environmental Resources
• City of Miami, Historic and Environmental Protection
• Miami -Dade County Water and Sewer Department
• Coconut Grove, Neighborhood Enhancement Team (NET) Office
File No. 2017-0002
Their comments and recommendations have been duly considered and are reflected in this final
decision. The Warrant Permit application has been reviewed pursuant to Article 7, Section
7.1.2.4(d) of the Zoning Ordinance.
INTRODUCTION
Miami 21, Appendix A, includes three Neighborhood Conservation Districts (NCDs), the NCD-1,
NCD-2, and NCD-3. The focus of this Warrant is a building site located within the NCD-3 Overlay
in Coconut Grove. Throughout the years, the development within Coconut Grove has been
influenced by common factors of economic, social, and cultural trends that have generated
interest to move and develop in the neighborhood.
Coconut Grove represents an area of the City where the majority of Lots exceed the current
minimum buildable Lot size of 5,000 square feet within a T3-R Transect Zone. Historically, the
development pattern of the area has produced an assemblage of Lots into larger building sites.
These building sites often consist of multiple Lots that exceed the minimum allowed Lot size of
5,000 square feet for the T3-R Transect Zone within the City of Miami.
Recently, development trends have deviated from the typical development pattern of Coconut
Grove. These trends seek to disaggregate Lot assemblages and diminish the large building sites
into smaller building sites commensurate to the formerly aggregated site. Some methods
employed to disaggregate the building sites include: total demolition, dissolution of unity of title,
covenant in lieu of title, and re -platting.
While the diminishment of a building site may be permissible through the Warrant Permit process,
the current development trend poses notable concerns to the existing character of Coconut
Grove. The Coconut Grove's emerging development trend toward disaggregated, diminished Tots
is inconsistent with the intent of the NCD-3 Overlay which states, "The single family residential
district is intended to protect the low density residential and dominant tree canopy characteristics
of Coconut Grove and prevent the intrusion of additional density, uses, and height."
ANALYSIS OF A WARRANT PERMIT TO ALLOW BUILDING SITE DIMINISHMENT
History of 3600 Hibiscus Avenue
On September 17, 1956, a single-family residential structure was constructed on Lots 11 and 12
(3600 Hibiscus St.), located within Cocoanut Grove Park, Block L, Miami FL.
A Unity of Title Agreement (CFN: 20160570867 Book 30250 Pg. 2678) was created by the
previous property owners of 3600 Hibiscus St. (known today as 3501, 3511, and 3521 Avocado
Avenue), to unify lots 10, 11, and 12 in order to accommodate the expansion of an existing house.
The Unity of Title Agreement is dated September 23, 2005, and recorded on October 8, 2005, in
official records book 3857, page 3354, of the public records of Miami -Dade County.
The following is an excerpt extracted from the dissolved Unity of Title, which provides, in pertinent
part the following statement:
"... it is understood and agreed that the transfer of Parcel is and was conditioned upon John
& Joseph Corp. executing in recordable form a Unity of Title Agreement combining the
Parcel One and Parcel Two, with the further understanding that said Unity of Title Agreement
is to include restrictive terms prohibiting the resulting property from being utilized for other
than one single family residence;
1. That said property shall be considered as one plot and parcel of land and that no portion
of said plot and parcel of land shall be sold, transferred, devised or assigned separately,
except in its entirety as one piot or parcel of land.
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2. That said property subject to this Unity of Title Agreement shall not be utilized for other
one single family residence thereon."
Based on the above excerpt from the Unity of Title, the intent was to maintain lots 10, 11, and 12
as one building site comprised of 21,000 square feet.
On December 21, 2015, a Demolition Order was issued for 3600 Hibiscus St and the house was
demolished (Permit #8D15-016491-001-B001). Archeological Monitoring was required to
supervise the demolition.
On September 30, 2016, the applicant dissolved the Unity of Title, through the Clerk of Courts of
Miami -Dade County. The site was dismembered into three (3) separate lots comprised of 7,000
sq. ft. each, legally platted and recorded by the County (See Paragraph 3 of CFN: 20160570867,
Book 30250 Page 2678). Moreover, GIS shows only two (2) Folio numbers; lot 10, with 7,000 sq.
ft., and lots 11 and 12 as one lot comprised of 14,000 sq. ft.
NCD-3 Development Standards
The following is a review of the request using the development standards of Miami 21 Code,
Appendix A, Section 3.6, Single Family Residential District.
Landscaping
One of the purposes of NCD-3 is to preserve and to protect the historic, heavily landscaped
character of Coconut Grove's residential areas, as well as to enhance and protect Coconut
Grove's natural features, such as tree canopy and green space.
The applicant has submitted a landscape plan as well as a tree mitigation and disposition plan for
the site. Staff believes the proposed landscape negatively affects the existing landscape as it
includes non-native species. and is not aligned with the intent of the NCD-3 Overlay. A more
extensive landscape plan is required to be submitted.
Site and Building Disposition
As part of the Warrant submittal materials, the applicant provided conceptual plans that include
the construction of three (3) single-family residences (one on each of the proposed lots). Pursuant
to Miami 21 Appendix A, NCD-3, Section 3.6 requires, "that adjacent lots or lots in the same
subdivision under ingle ownership or developed by a single builder of developer shall not employ
the same, similar or duplicate architectural plans". Miami 21 Appendix A, NCD-3, Section 3.6 (a)
states that, "Adjacent buildings under such conditions shall be substantially differentiated in
massing, footprint, and exterior design".
The conceptual residence renderings provided by William Hamilton Arthur Architect INC, shows
three two-story, single-family structures with varying lot coverage. On Lot 10 the lot coverage is
3,863 square feet, on Lot 11 the lot coverage is 3,707 square feet, and on Lot 12 the lot coverage
is 3,562 square feet.
The proposed conceptual dwelling units display dissimilar architectural styles and finishes.
However, the dissimilarity needs to be increased, in order to meet the intent of the NCD-3. There
is a mix of housing types in the neighborhood and it is unusual to find three two-story residences
in a row on Avocado Avenue, As depicted, staff finds that the conceptual renderings and site plan
are not compliant with the Miami 21 Code development standards of the NCD-3.
Neighborhood Context
When examining the neighborhood context of the subject site, the Lot size and configuration has
changed over the years. The subject building site at approximately 21,000 square feet represents
an example of the neighborhood's evolution from the uniform Lots of the Coconut Grove Park
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File No. 2017-0002
Subdivision into an assortment of larger Lot sizes and configurations. Until recently, the
neighborhood context trended toward larger Lots that in turn reduced the density, traffic, and
infrastructure demands of water and sewer. Therefore, the request to revert the subject building
site into three Lots is considered contrary to the conservation and preservation component of the
NCD-3.
Staffs research of the neighborhood composition revealed that 18 Lots abut Avocado Avenue
between Hibiscus Avenue and Plaza Street, of which five (5) Lots have been modified from their
original plat. Concurrently, staff examined the same Lots along Avocado Avenue (between
Hibiscus Avenue and Plaza Street) and found an average Lot size of 8,744 square feet.
When analyzing Lots within a 250-foot radius of the subject site, it was found that the average Lot
size was 8,940 square feet. For Lots within a 500-foot radius of the subject building site, there
exists 71 Lots with an average Lot size of 8,586 square feet. In addition, 29 Lots within 500-foot
radius have been modified from their original Lot size. The average square footage of modified
Lot size is 11,256 square feet.
The evaluation of the neighborhood context shows that many Lots have been aggregated
resulting in less dense area. The proposed diminishment of the subject building site from 21,000
square feet to three 7,000 square feet Lots will increase the neighborhood's density, generate
additional traffic, and increase demands of infrastructure, which is inconsistent with the
conservation element of the NCD-3. Reverting the existing building site to its three originally
plated Lots of 7,000 square feet each would be out of character with the surrounding
neighborhood.
FINDINGS
Pursuant to the Miami 21 Zoning Code, Appendix A, NCD-3, Section 3.6(g)(1), Lots and building
sites, as adopted, which states, "Wherever an existing single-family residence or lawful accessory
building(s) 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. Such structures shall include but riot 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 criteria specified in Article 4, Table 12 Design Review."
This project shall comply with Miami 21, Appendix A, Section 3.6 Single -Family Residential District
for lots located within Transect Zones designated as T3-R (Sub -Urban Restricted) Single-family
Residential.
• On September 17, 1956, a single-family residential structure was constructed on Lots 11 and
12 (property known as 3600 Hibiscus St.), establishing a unified building site of approximately
14,000 square feet. The unification of building sites is consistent in the immediate
neighborhood as almost half of the building sites exceed their original platted size of 7,000
square feet.
• On September 23, 2005, a Unity of Title Agreement (CFN: 20160570867 Book 30250 Pg.
2678) was created for 3600 Hibiscus St, (known today as 3501, 3511, and 3521 Avocado
Avenue), to unify lots 10, 11, and 12. With the unification of Lot 10 to Lots 11 and 12, the
square footage of the building site increased from 14,000 to 21,000 square feet of land. The
unification of building sites is consistent in the immediate neighborhood as over half of the
building sites exceed their original platted size of 7,000 square feet.
• The intent of the NCD-3 Overlay, Single -Family Residential District is to protect the low
density residential neighborhood and dominant tree canopy characteristics of Coconut Grove,
and to prevent the intrusion of additional density, uses and height. Granting the request to
revert to the three original building sites does not comply with the intent to protect the low -
density neighborhood.
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File No. 2017-0002
• The Warrant request is to diminish the existing building site of approximately 21,000 square
feet by reverting the site to the three original platted lots of approximately 7,000 square feet
each. The request is inconsistent with the context along Avocado Avenue between Hibiscus
Street and Plaza Street, where building sites have an average Lot size of 8,744 square feet.
Furthermore, the average square footage of modified lot size within 500-foot radius is 11,256
square feet. Therefore, the request does not comply with Article 4, Table 12 in reference to
the urban form criteria.
• The proposal consists of the construction of two-story dwelling units on Avocado Avenue,
which is predominately developed with one-story residences. As presented, the proposal
represents development out of character with the neighborhood context.
Conclusion
Pursuant to Article 7, Section 7.1.2.4(d) of the Miami 21 Code, and Appendix A of the Miami
Zoning Ordinance, the Warrant Permit application to diminish an existing building site has been
reviewed. Specifically, the applicant requests to diminish the existing building site by reverting to
the three original platted Lots of 7,000 square feet each to three new building sites.
As proposed, each of the three new building sites will have a size of 7,000 square feet, which is
the same as the originally platted Lot size. However, at 7,000 square feet, the building sites will
be disproportional to the existing neighborhood's building site composition and context.
Additionally, the proposal does not align with the intent of the NCD-3 Overlay, which is to protect
the low -density residential character of Coconut Grove and to prevent the intrusion of additional
density, uses, and height.
Based on the above findings and analysis pursuant to Article 7, Section 7.1.1.2 of the Miami 21
Code, the Staff recommends Denial of the subject Warrant application to diminish and revert the
existing building site into the three angina! platted Lots of 7,000 square feet each, to create three
new building sites.
NOTICE
Within five (5) calendar days of receipt of this notification, the applicant may request a
conference between the applicant and/or the applicant's agent and the Director of Planning
& Zoning Department and such representatives of the referenced officers, agencies, or
departments as the applicant desires for the purpose of presenting additional facts,
arguments, information or data in support of the applicant's position. The applicant's
request should be made directly to the Director of the Planning & Zoning Department in
writing. For additional information, please call the Planning & Zoning Department at
(305)416-1400.
Signature 7L.—/ , L
-
.. Fancisco J. arcia, Director
Planning& Zoning Department
,
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