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HomeMy WebLinkAboutSubmittal-John Snyder-Letter to CommissionersSubmitted into the public record f9r itejn(s) on Lin / . City Clerk Remarks 2/28/2019 Dr. John Snyder President, South Grove Neighborhood Association Commissioners, the present proposal fails to achieve almost every aspect that it was meant to achieve. I will limit my remarks to only a few of these shortcomings. The first version of this NCD revision submitted back in July of 2017 was meant to clarify supposed confusion about "lot splitting" or as the city calls it lot diminishment. I call it supposed confusion because the existing language in the NCD code is very clear. It was paraphrased from the Coral Gables Code and has been tested in court. The 11`1' circuit court acting as an appeals court stated the intent of the code is obvious; the 3`d district court found the language to be constitutional and within the purview of a municipality. People have a propensity when neither the facts nor the law favor their cause to create confusion. That is the true genesis of the confusion. The Coral Gables code cites 7 criteria for exceptions to the general rule that existing multi -lot sites shall not be split. Three of these must be adhered to and at least 3/4thS of the remaining four must be met to result in a legitimate division. The NCD code when it was originally drafted in 2005 relied upon the intent to lay out the criteria for a warrant at that time called a Class II special permit. According to Original intent ofNCD in 11000 code: 11000 code Sec. 800.4.3. Regulations. The regulations shall be designed to promote the special purposes of the district, as set out in the statement of intent. And 603.3.2. Considerations in making special permit determinations. The purpose of the special permit shall be to ensure conformity of the application with the expressed intent of this district, with the applicable criteria listed in • 1305 and any other applicable criteria specified in this ordinance, as amended. It is the critical language in A.3.6.g and the related intent in A.3.6 that elements within the city have being trying to eliminate since July 2017. Further, since 1991 newly created sites have been required to have a minimum width of 100 feet, this provision was incorporated into Miami-21; Existing resident owners have a right to expect this. MIAMI 21 ARTICLE 3. GENERAL TO ZONES The Coconut Grove NCD-3 incorporates and amends: 1. The Coconut Grove NCD-3, originally adopted by Ord. No. 12672, September 24, 2005; 3. SD 18, originally adopted by Ord. No. 10863, March 28, 1991; and Rather than clarifying the criteria the proposal in all of its 13 versions since July of 2017 has sought to eliminate the critical language prohibiting lot splitting and create criteria which provide a great source of potential confusion. If this proposal is passed it will take this commission many hours over many years to resolve these conflicting criteria which are not consistent with the intent of NCD-3. Our organization submitted a counter proposal last April of 2018 which addresses these criteria as well as the scale controversy. https://www.dropbox.com/s/5f0grvvbyvsluhk/SGNA%20proposal.docx?d1=0 This counter -proposal addresses the two primary issues related to the single family district. Left unresolved would be the public benefit issue and issues related to T3-O duplex zoning. Thank You for Your consideration. (S&\;1/41\ S\4'� a\' ( \-0 (:)1t1v`N1)•;`Anr5 Submitted into the public record f r ite (s) n, � b Exhibit E on V City Clerk NCD-3 code revision submitted by South Grove neighborhood Association 4/13/2018 Under lined text is new text stricken is to be deleted 670 words added 70 deleted 3.6 Single -Family Residential District 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. All T3, Single -Family Residential zoning regulations shall apply within the Coconut Grove NCD-3 Single -Family Residential District, hereafter referred to as NCD-3, except as modified below. If any such requirements conflict, NCD-3 requirements shall apply. a. Adjacent lots or lots in the same subdivision under single ownership, or developed by a single builder or developer shall not employ the same, similar or duplicate architectural plans. Adjacent buildings under such conditions shall be substantially differentiated in massing, footprint, and exterior detailing. b. Front yards All front yards in the NCD-3 shall be designed in a way that minimizes the impact of garage fronts and off-street parking. Front yards shall provide a more permeable surface and use abundant landscaping and tree canopy throughout. c. Building Site Eelepe 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. d. Height Height is limited to a maximum of twenty-five (25) feet measured to the midpoint between the eave and roof top for gable roofs, and 21 feet for flat roofs and is measured from flood level or average sidewalk elevation, whichever is higher. In addition to the maximum height of twenty-five (25) feet measured to the mid -point of the roof top and eave or 21 feet for flat roofs, chimneys, cupolas or other non -habitable architectural features of twenty-five (25) square feet in area or less may reach a maximum height of thirty (303 5 feet above surrounding roof structure or as required by the fire code. For Lots with less than ten thousand (10,000) square feet in area, the height limitation for accessory structures shall be thirteen (13) feet. e. Green Space and building area to lot area ratio Green Space is defined as an area which will support the growth of plants (No hardscape) The minimum green space requirement shall be three tenths (0.3) times the Lot area. The use of permeable material for surfaces in the required yard may allow a 25% reduction in the required green space. 1. The minimum requirement for Green Space within NCD-3 for areas zoned T3-R shall be: For sites <10,000 square feet 50% of the site area For sites 10,000 to 12,500, the site area -5,000 square feet For sites >12,500 square feet, 60% of the site area 2. For sites which require septic systems, green space shall be increased by 300 ft2 for each bedroom in excess of 2. Trees are not to be planted within 30 ft. of a drainfield. 3. The maximum actual building area to net site area ratio within NCD-3 for areas zoned T3-R shall be: For sites <10,000 square feet 45% of the site area with a Maximum of 35% on first floor of 2 story house For sites 10,000 to 12,500 4500/lot size X 100 %, with a Maximum of 35% on first floor of 2 story house For sites >12,500 square feet, 35% of the lot area f. Permitted Accessory Uses and Structures Accessory uses and structures are as permitted in the underlying transect zone, except that detached garages or car shelters on sites ten thousand (10,000) square feet or larger may include a second story as long as the allowable floor Submitted into the pullic record f r ite s) Cif, Clerk on lot ratio and building footprint are not exceeded. Said second story may only be used as an owner occupied accessory structure. Two-story accessory structures shall have the same setback requirements as specified for two-story principal buildings. g. Additional Limitations and requirements. 1. Lots and building sites: a. 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 including ancillary dwellings. No building sites in existence prior to September 24, 2005 shall be If a single-family residence is substantially or completely demolished or removed, whether voluntarily or involuntarily or by an act of God or casualty, no permit shall be issued for the construction of more than one (1) single family residence on the building site. Estate Parcels which are described in A.3.6.k may be developed into estate sized properties. b. Warrant review criteria and conditions Review of detailed building plans will not take place until approval of a warrant has been completed. The validity of a building site is to be determined conditionally, prior to application of Art.4 table 12 design review criteria. Conditions for approval of a NCD-3 warrant: The purpose of the Warrant shall be to ensure conformity of the application with the expressed intent of this district which is: A.3.6 "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." Applications which meet ALL the following conditions shall be conditionally approved. 1. If approval of the warrant would not result in an increase in existing density the warrant may be approved. Density of anything over one (1) principal site where there was formerly one (1) principal site is an increase in density. 2. If approval of the warrant would not result in a material 25% decrease in tree canopy the warrant may be approved. 3. If the resulting building site(s) comply with current City, County, and State code requirements , without need for waivers, variances, or exceptions the warrant may be approved. 2. Garages and Driveways: (a) On new construction or garage additions, no garage shall be located along the same front setback line as the front wall of a residential structure unless the garage door(s) does not face the street. Garage structures with access openings that face the street shall be set back a minimum of twenty (20) feet from the front wall of the principal residential structure. (b) Garage structures with access openings that face the street on corner lots which have a maximum depth of less than sixty (60) feet, may be set back a minimum of fifteen (15) feet from the front wall of the principal residential structure. (c) Notwithstanding the requirements of the Public Works Department, driveways shall have a maximum width of ten (10) feet within the first five (5) feet of all street -front required setbacks. (d) Driveways within a single building site shall not be located closer than twenty-five (25) feet to each other. Submitted into the pulllic record f r ite (s) 1. 10 on lj/ 1 /. City Clerk (e) Except as required for the driveway approach, no portion of any driveway in a required yard adjacent to a street shall be within five (5) feet of any property line other than as may be required to allow for turnaround maneuver, in which case said driveway shall be constructed of permeable material in its entirety. (f) Tandem parking shall be allowed. (g) Garage doors which are more than nine (9) feet wide shall not be allowed. 3. Fences: All fences located within any street -front setback area shall be covered from the public right-of-way view by plant material except when said fence is faced or constructed with oolitic limestone. 4. Landscaping: All landscape shall comply with the City's landscape and tree protection ordinances. h. Single Family lots 1. Setbacks: (a) Principal Building: Setbacks are variable to allow for a variety in architecture and placement of the building footprint. Projections of buildings into required setbacks shall be permitted subject to the criteria and requirements specified herein. (i) Minimum Front Setbacks: The minimum front setback shall be thirty (30) feet. The structure may project a maximum of ten (10) feet into the minimum required setback of thirty (30) feet provided said projection does not exceed thirty (30) feet in width along the front of the building. Unenclosed porches, entries, or loggias may project a maximum of fifteen (15) feet into the minimum required setback of thirty (30) feet. On corner lots the structure may project a maximum of fifteen (15) feet into the minimum required setback of thirty (30) feet. (ii) Minimum Side Setbacks: The minimum side setback shall be five (5) feet, except for corner lots where the minimum side setback adjacent to the street shall be ten (10) feet. The minimum total side setbacks to be distributed shall be as established in the following table: Table inset (No change) (iii) Minimum Rear Setbacks: The minimum rear setback shall be twenty (20) feet. (iv) Accessory Buildings: The minimum side setbacks shall be ten (10) feet. The minimum rear setback shall be ten (10) feet. The maximum width of said connection shall be ten (10) feet. i. Single Family Large Lot Residential designation 1. Lot size Minimum lot size is limited to ten thousand (10,000) square feet and the minimum lot width is limited to one hundred (100) feet in order to preserve the large lot suburban character of certain neighborhoods within Coconut Grove. 2. Limitations on yards All yards adjacent to South Bayshore Drive shall be a minimum of seventy (70) feet. j. Single Family Oversized Lot Residential designation. 1. Lot Size Minimum lot size shall be twenty thousand (20,000) square feet and minimum lot width shall be one hundred (100) feet. 2. Limitations on yards All yards adjacent to South Bayshore Drive shall be a minimum of seventy (70) feet. k. Single Family Estate Lot Residential designation. The intent of these regulations is to allow existing Estate Lots to be developed as single-family estates of a spacious character together with Botanical Gardens, private non-commercial recreational facilities and accompanying structures compatible with residential surroundings. This district is designed to protect and preserve the existing character of estates and allow the building of vacant land considered appropriate for such development in the future. Multi- acre parcels may be divided into estate sized building sites. 1. Lot Size Minimum lot size shall be one (1) acre (43,560 square feet) and a minimum lot width of one hundred (100) feet. 2. Limitations on yards All yards adjacent to South Bayshore Drive shall be a minimum of seventy (70) feet. Bay windows and balconies may project a maximum of three (3) feet into a yard setback. 3. Accessory Uses and Structures (a) Accessory structures shall comply in all other aspects of the underlying single family residential (T3) district unless stated otherwise. Enclosed accessory buildings shall be used only for occupancy of nonpaying guests of the Submitted into the public record �r► ord f r ites) pt. 10 on/ City Clerk owners of the primary residence or bona fide members of the family or househo d sta , an no kitchen or cooking facilities shall be constructed or used therein except by approval by the Planning Director of a written agreement with the City stating that such accessory structure will be used only by family members or household staff. The property owner must execute and record in the public records a Declaration of Restriction stating that the use of the site will be reserved for a single family residence. No accessory structure shall be used as or converted to a dwelling unit without the recorded Declaration of Restriction. Further, if any accessory structure and use is subdivided from the principal structure and use to which it is accessory or, alternately, if the principal structure is demolished or removed, the use of such accessory structure shall be terminated until a new principal structure and use is established on the lot on which the accessory structure and use is located. (b) Attached or unattached accessory structures include: private garages, swimming pools, cabanas, bedrooms, household staff cottage. Nothing contained in this section shall prohibit the construction of an enclosed accessory building containing bedrooms with bath facilities to be used in connection with and as a part of the primary residence within the building lines as provided in this section. (c) Open awnings or trellises must meet the setback requirements and applicable open space and lot coverage requirements. These structures may not be converted to permanent additions if such conversion would increase the lot coverage of the principal structure above the allowed percentage. 4. Height Height is limited to two full stories from grade or minimum FEMA elevation as defined within this code. Height is measured to the bottom of the eave. Variations to the Height requirement may be allowed for skylights or solar panels not exceeding three (3) feet above the roof. Such structures shall not cover more than ten (10) percent of the roof structure. 5. Botanical Gardens A Botanical Garden is allowed by Exception. A Botanical Garden shall require a minimum of 5 acres and may also include the following: (a) Educational facilities including building for meeting and classrooms (b) Scientific research laboratory (c) Offices to serve the Botanical Garden (d) Residential living units for visiting scholars (e) Garden maintenance area (f) Gift shop or bookstore area. Outdoor display of merchandise shall be limited to areas not visible from public streets. About 630 words added, 70 words deleted.