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HomeMy WebLinkAboutLegislation GRANTING AppealA RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING 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 and Zoning 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 within 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 Planning and Zoning Department 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 intent of the Neighborhood Conservation District, "NCD-3", overlay is to protect the low -density residential and dominant tree canopy characteristics of Coconut Grove and to prevent the intrusion of additional density, uses, and height; 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, 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, there is substantial evidence in the record to grant the appeal and reverse the denial of Warrant No. 2017-0002; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF MIAMI 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 granted. Section 3. This Resolution shall be effective immediately upon its adoption. 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.