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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: 2879 Title: A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL OF THE DENIAL OF WARRANT NO. 2017-0002 PURSUANT TO APPENDIX A, SECTION 3.6.G.1 OF ORDINANCE NO. 13114, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA ("MIAMI 21 CODE"), TO ALLOW FOR THE DIMINISHMENT OF A BUILDING SITE LOCATED WITHIN A T3-R, "SUB -URBAN TRANSECT ZONE," WITHIN A NEIGHBORHOOD CONSERVATION DISTRICT-3, "NCD-3," FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3501, 3511, AND 3521 AVOCADO AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: 3501, 3511, 3521 Avocado Avenue [Commissioner Ken Russell - District 2] APPELLANT(S) TO CITY COMMISSION: Maria Gralia, Esq. on behalf of Avocado Property Development LLC APPELLANT(S) TO PZAB: Maria Gralia, Esq. on behalf of Avocado Property Development LLC APPLICANT(S): Maria Gralia, Esq. on behalf of Avocado Property Development LLC PURPOSE: This is appealing a decision made by the Planning, Zoning and Appeals Board. FINDING(S): PLANNING AND ZONING DEPARTMENT: Denied the warrant application. PLANNING, ZONING AND APPEALS BOARD: Denied the appeal on July 19, 2017, by a vote of 6-5. City of Miami Legislation Resolution Enactment Number: R-17-0477 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 2879 Final Action Date:9/28/2017 A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL OF THE DENIAL OF WARRANT NO. 2017-0002 PURSUANT TO APPENDIX A, SECTION 3.6.G.1 OF ORDINANCE NO. 13114, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA ("MIAMI 21 CODE"), TO ALLOW FOR THE DIMINISHMENT OF A BUILDING SITE LOCATED WITHIN A T3-R, "SUB -URBAN TRANSECT ZONE," WITHIN A NEIGHBORHOOD CONSERVATION DISTRICT-3, "NCD-3," FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3501, 3511, AND 3521 AVOCADO AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on May 9, 2017, the Department of Planning denied Warrant No. 2017-0002 pursuant to Appendix A, Section 3.6.g.1 of Ordinance No. 13114, as amended, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), which would have allowed a building site located at approximately 3501, 3511, and 3521 Avocado Avenue, Miami, Florida located in a T3-R, "Sub -Urban Transect Zone", within a Neighborhood Conservation District-3 ,"NCD-3", to be diminished in size; and WHEREAS, on May 19, 2017, Avocado Property Development LLC, a Florida Limited Liability Corporation ("Appellant"), filed an appeal of the denial of Warrant No. 2017-0002 to the Miami Planning, Zoning and Appeals Board ("PZAB"); and WHEREAS, on July 19, 2017, the PZAB voted six to five (6-5) denying the appeal and affirming the denial of Warrant No. 2017-0002 pursuant to Appendix A, Section 3.6.g.1 of the Miami 21 Code; and WHEREAS, the PZAB deemed the request of the Appellant insufficient because it was proven by the Department of Planning that it was the intent of the previous owner to maintain lots 10, 11, and 12 as one (1) building site comprised of 21,000 square feet and to preserve the character of the property pursuant to Appendix A, Section 3.2.g.1 of the Miami 21 Code; and WHEREAS, on July 31, 2017, the Appellant appealed PZAB's denial of the appeal to the City Commission; and WHEREAS, the Appellant claims that the proposed diminishment of the building site of 21,000 square feet by reverting to the three (3) originally platted lots of 7,000 square feet each meets the requirements set forth in the T3-R, "Sub -Urban Transect Zone", within a Neighborhood Conservation District-3, "NCD-3", regulations of the Miami 21 Code; and WHEREAS, the Appellant claims that the proposed reversion of the lots to 7,000 square feet each is proportional to the existing neighborhood's building site composition and context; and WHEREAS, the Department of Planning found that the proposal under Warrant No. 2017-0002 to allow a building site to be diminished in size by reverting the site into its three (3) originally platted lots of 7,000 square feet each was inconsistent with the intent of the T3-R, "Sub -Urban Transect Zone", within a Neighborhood Conservation District-3, "NCD-3," regulations; and WHEREAS, on September 17, 1956, a single-family residential structure was constructed on lots 11 and 12, known as 3600 Hibiscus Street, establishing a unified building site of approximately 14,000 square feet; and WHEREAS, on September 23, 2005, a Unity of Title Agreement (CFN: 20160570867 Book 30250 Pg. 2678) was created for 3600 Hibiscus Street, Miami, Florida, known today as 3501, 3511, and 3521 Avocado Avenue, to unify lots 10, 11, and 12; and WHEREAS, with the unification of lot 10 with lots 11 and 12, the square footage of the building site increased from 14,000 to 21,000 square feet; and WHEREAS, the unification of building sites is consistent in the immediate neighborhood as more than half of the building sites exceed their original platted size of 7,000 square feet; and WHEREAS, the Department of Planning found that the Warrant request was to diminish the existing building site by reverting to the three (3) original platted lots of approximately 7,000 square feet each, which 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; therefore, the request did not comply with Article 4, Table 12 of the Miami 21 Code concerning the urban form criteria; and WHEREAS, the Warrant request as proposed will increase the overall residential density in the area by two (2) additional dwelling units; and WHEREAS, the Department of Planning found that the proposal involves the construction of three (3) two-story dwelling units on Avocado Avenue, which is predominately developed with one-story residences and as presented, the proposal is out of character with the neighborhood context; and WHEREAS, the Department of Planning analyzed the size of parcels within a 250-foot radius of the subject building site and found that the average lot size was 8,940 square feet; and WHEREAS, the Department of Planning analyzed the size of parcels within a 500-foot radius of the subject building site and found that the average modified lot size was 11,256 square feet; and WHEREAS, the proposed building sites of 7,000 square feet each will be disproportional to the existing neighborhood's building site composition and context; and WHEREAS, the Department of Planning found that the proposal did not align with the intent of the Neighborhood Conservation District-3, "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; and WHEREAS, the Department of Planning found that the reversion of the building site into the three (3) separate building sites is out of character in the area; and WHEREAS, the City Commission took official notice of Appendix A, Coconut Grove Neighborhood Conservation District, "NCD-3," of the Miami 21 Code, which was read into the record and Section 3.6 of the Miami 21 Code, which provides a statement of intent as to the "Single Family Residential District" that states that a "Single family residential district is intended to protect the low density residential and tree canopy characteristics of Coconut Grove and to prevent the intrusion of additional density, uses and height"; and WHEREAS, pursuant to the testimony of the Planning Director, the splitting of one lot into three (3) lots constitutes an increase in density by the higher number of residential units which is a significant factor to be mindful of in the language and intent of the Neighborhood Conservation District-3, "NCD-3", overlay; and WHEREAS, the City Commission took official notice of Appendix A, Coconut Grove Neighborhood Conservation District, "NCD-3," of the Miami 21 Code, which was read into the record and Section 3.6.(g)(1) of the Miami 21 Code, 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; and WHEREAS, the Planning Director testified that in his opinion, the Warrant process was required and the intent of the Neighborhood Conservation District-3, "NCD-3", regulations of the Miami 21 Code was that a single-family home be replaced by a similar single-family home except as modified by any approved Warrant and that the Department of Planning had been willing to consider the issuance of a Warrant for two (2) lots on the property but not three (3) lots, which in Planning Director's expert opinion did not comport with the Neighborhood Conservation District-3, "NCD-3", regulations; and WHEREAS, the Planning Director additionally referenced Article 4, Table 12, Design Review Criteria, of the Miami 21 Code which provides that Building Function and Density shall respond to the Neighborhood Context and Transect Zone and, in consideration of all of these factors, the Department of Planning opined it would be appropriate to issue a Warrant for development of the 21,000 square feet into two (2) lots of approximately 10,500 square feet, each being appropriate in light of the regulations and with safeguards, but three (3) lots of approximately 7,000 square feet each was not supported by the Department of Planning and did not comport with these regulations; and WHEREAS, the City Commission also considered lay testimony of the representative of the Appellant; that of several neighbors; legal arguments of counsel for Appellant, Maria Gralia; and arguments of attorney W. Tucker Gibbs; and, WHEREAS, based on the testimony and evidence presented, after due notice, and an opportunity to be heard has been afforded to all parties and members of the public, and having considered the testimony of the various witnesses and the professional testimony presented by the Planning Director, there is substantial evidence in the record to deny the appeal and affirm the denial of Warrant No. 2017-0002; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The appeal of the denial of Warrant No. 2017-0002 is denied. Section 3. This Resolution shall be effective immediately upon its adoption.' APPROVED AS TO FORM AND CORRECTNESS: ndez, ity Attor ey 9/18/2017 1 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission.