Open letter from Grove Tree Watch to Commissioners
Dear City of Miami Commissioners:
This letter is about the Planning & Zoning item regarding NCD-3, on the Commission agenda for January 24.
We urge you to remember our community’s strong insistence that the NCD-3 Code be enforced with regard to lot-splitting and over-scaled building resulting in zero lot lines and depletion of the tree canopy for which Coconut Grove is known, and which is an important factor to the quality of life to those of us who live here.
Many of the proposed changes would undo the very things intended by the present code, which is not what the majority of neighbors in Coconut Grove wish to happen as it will only be more subjective, less specific and most certainly less enforceable than the existing NCD-3 code.
According to the existing NCD-3 code section A.3.6 the single family district: Presently single family sites are to remain one single family site except by warrant. The criteria for a warrant are given by the single family district intent in the existing NCD-3 code: “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.”
This language is very clear to residents and to the 11th circuit appeals court, but if additional clarity is needed, merely adding from the 11,000 code, Considerations in making special permit (now a warrant) determinations “The purpose of the special permit shall be to ensure conformity of the application with the expressed intent of this district.” (Ord. No. 10863, § 1, 3-28-91; Ord. No. 12467, § 2, 12-18-03) . This is clear, specific and objective language compared to the intent section 2.1, paragraphs 1-4 in the proposal.
The NCD 3 is in this dropbox here.
What our Current NCD-3 needs is enforcement, not re-writing. Please do not vote in favor of REPLACEMENT of the NCD-3 code. VOTE NO!
Liliana Dones
President
Coconut Grove Tree Watch
This letter is about the Planning & Zoning item regarding NCD-3, on the Commission agenda for January 24.
We urge you to remember our community’s strong insistence that the NCD-3 Code be enforced with regard to lot-splitting and over-scaled building resulting in zero lot lines and depletion of the tree canopy for which Coconut Grove is known, and which is an important factor to the quality of life to those of us who live here.
Many of the proposed changes would undo the very things intended by the present code, which is not what the majority of neighbors in Coconut Grove wish to happen as it will only be more subjective, less specific and most certainly less enforceable than the existing NCD-3 code.
According to the existing NCD-3 code section A.3.6 the single family district: Presently single family sites are to remain one single family site except by warrant. The criteria for a warrant are given by the single family district intent in the existing NCD-3 code: “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.”
This language is very clear to residents and to the 11th circuit appeals court, but if additional clarity is needed, merely adding from the 11,000 code, Considerations in making special permit (now a warrant) determinations “The purpose of the special permit shall be to ensure conformity of the application with the expressed intent of this district.” (Ord. No. 10863, § 1, 3-28-91; Ord. No. 12467, § 2, 12-18-03) . This is clear, specific and objective language compared to the intent section 2.1, paragraphs 1-4 in the proposal.
The NCD 3 is in this dropbox here.
What our Current NCD-3 needs is enforcement, not re-writing. Please do not vote in favor of REPLACEMENT of the NCD-3 code. VOTE NO!
Liliana Dones
President
Coconut Grove Tree Watch
posted by Tom Falco at 4:00 AM
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1 Comments:
After all this time, it is surprising that there are so many outstanding NCD 2 and NCD 3issues, and surprising that for the past six months there was no public process that could have addressed these concerns so that at first reading an agreed upon group of amendments could have been proffered.
Given the time constraints of the Thursday Commission meeting, one can only hope that substantive discussion can occur to actually make changes to the text BEFORE being passed on First Reading.
The suggestion to otherwise pass a seriously flawed proposal actually may not be in anyone’s interest. I assume that this type of “just pass it and we will fix it later” action is not what the electorate expect of their elected officials and the staff that supports them. Silence, inaction, and closed and non-transparent meetings these past 6 months are troubling, especially when so many were anxious and willing to sit with staff and other stake holders and actually work on alternate language to submit at First Reading to amend the proposal in a way acceptable to a majority of interests. And, given the attention now focused, a deferral is the solution that can result in the desired changes—without the risk of allowing a flawed proposal to actually pass First Reading. Miami governance should be better than that—I hope.
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