An open letter to Ken Russell regarding NCD
Dear Mr. Russell
Many who have made the South Grove their home did so with the reasonable expectation that zoning and public health laws to protect the nature and character of this area would be enforced and would remain in place, or even be strengthened in order to assure the continued well-being of residents. These expectations are property rights supporting resident’s right to the quiet enjoyment of their property.
While speculators and developers have property rights also they do not have the right to create additional property rights out of thin air, or by confusion, corruption, extortion, or intimidation. A property owner in this city cannot decide to put a nuclear power plant in their back yard and a developer who owns one building site cannot decide to build a subdivision on that site. Since 1991 any newly created building site in the South Grove has been required to have a 100 foot frontage, the present NCD-3 incorporated this requirement of SD-18. The proposal you are sponsoring would allow over half of the neighborhood to be divided into sites with a 50 foot frontage. This would over time; greatly increase density in terms of the number of houses, population and in terms of how much is built on the land.
Many of the original plats in our area were laid out prior to the advent of septic systems thus many of the platted lots are too small for those systems, Current Florida Statutes set a maximum of 4 dwelling units per acre for subdivisions such as those in the South Grove, at present the South Grove, taken as a whole, is very close to that limit. Allowing further subdivision or the creation of additional building sites, in addition to reneging on the promise of zoning protection, would also endanger resident’s health in the event of flooding, power failure, and hurricanes.
The critical language this PROPOSAL WOULD STRIKE: 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. This language, based on court tested language from Coral Gables code, is clear and has proven to be enforceable in Coral Gables for the last 38 years. Clarification of criteria for a warrant if needed should be based the original intent of NCD-3 and on the 2005 criteria for a special class 2 permit (PREDECESSOR OF THE WARRANT) cited in the 11,000 code. “The purpose of the special permit shall be to ensure conformity of the application with the expressed intent of this district”. That expressed Intent of the Single Family 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. Thus, the criteria should be does the warrant application protect;
· low density ( less than 4 dwelling units per acre),
· the tree canopy characteristics,
· does it prevent additional density (originally meaning number of houses, scale of houses, and population),
· does it prevent additional uses (such as additional rental units),
· does it prevent additional height.
I urge you to OPPOSE any attempt to REMOVE from NCD-3 zoning law the Single Family District and its protective language regarding lot-splitting, rental units and frontage requirements. Protection of the nature and character of this neighborhood is important. Dividing the land into smaller sites and eliminating room for trees by allowing greater density, in both number and size of dwellings, as well as permitting additional uses in the form of rental units will result in a much less desirable place to live with accompanying decline in livability and property values.
Sincerely, Dr. John Snyder
President South Grove Neighborhood Association Inc.
Many who have made the South Grove their home did so with the reasonable expectation that zoning and public health laws to protect the nature and character of this area would be enforced and would remain in place, or even be strengthened in order to assure the continued well-being of residents. These expectations are property rights supporting resident’s right to the quiet enjoyment of their property.
While speculators and developers have property rights also they do not have the right to create additional property rights out of thin air, or by confusion, corruption, extortion, or intimidation. A property owner in this city cannot decide to put a nuclear power plant in their back yard and a developer who owns one building site cannot decide to build a subdivision on that site. Since 1991 any newly created building site in the South Grove has been required to have a 100 foot frontage, the present NCD-3 incorporated this requirement of SD-18. The proposal you are sponsoring would allow over half of the neighborhood to be divided into sites with a 50 foot frontage. This would over time; greatly increase density in terms of the number of houses, population and in terms of how much is built on the land.
Many of the original plats in our area were laid out prior to the advent of septic systems thus many of the platted lots are too small for those systems, Current Florida Statutes set a maximum of 4 dwelling units per acre for subdivisions such as those in the South Grove, at present the South Grove, taken as a whole, is very close to that limit. Allowing further subdivision or the creation of additional building sites, in addition to reneging on the promise of zoning protection, would also endanger resident’s health in the event of flooding, power failure, and hurricanes.
The critical language this PROPOSAL WOULD STRIKE: 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. This language, based on court tested language from Coral Gables code, is clear and has proven to be enforceable in Coral Gables for the last 38 years. Clarification of criteria for a warrant if needed should be based the original intent of NCD-3 and on the 2005 criteria for a special class 2 permit (PREDECESSOR OF THE WARRANT) cited in the 11,000 code. “The purpose of the special permit shall be to ensure conformity of the application with the expressed intent of this district”. That expressed Intent of the Single Family 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. Thus, the criteria should be does the warrant application protect;
· low density ( less than 4 dwelling units per acre),
· the tree canopy characteristics,
· does it prevent additional density (originally meaning number of houses, scale of houses, and population),
· does it prevent additional uses (such as additional rental units),
· does it prevent additional height.
I urge you to OPPOSE any attempt to REMOVE from NCD-3 zoning law the Single Family District and its protective language regarding lot-splitting, rental units and frontage requirements. Protection of the nature and character of this neighborhood is important. Dividing the land into smaller sites and eliminating room for trees by allowing greater density, in both number and size of dwellings, as well as permitting additional uses in the form of rental units will result in a much less desirable place to live with accompanying decline in livability and property values.
Sincerely, Dr. John Snyder
President South Grove Neighborhood Association Inc.
posted by Tom Falco at 4:00 AM
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4 Comments:
The real/reality question has to be is the "present NCD-3", legal, or not. If not legal then the train has already departed and this letter to the Grape serves no purpose. If legal file a legal complaint and have a judge order no more than 4 units per acre. The "Predecessor of a Warrant" can be a Judge. This letter to the Grape, let say, could cause every single adult vote in favor of 4 units per acre, but a warrant by the CITY of Miami could continue to allow 2 MacMansions per 50' lot. Go to court to obtain a definitive order.
Seems setback requirements are not being respected with new office building on Main Highway and Hotel on McFarlane. Bad precedent for future construction if sweetheart wavers were issued.
Dr. Snyder, you have made excellent points.
Coconut Grove is a special place with a unique character that should be preserved and protected.
It is bizarre, and yet all too common, that in the City of Miami the residents have to work long and hard in order to get the City to obey its own laws and protect its neighborhoods.
Elvis Cruz
Both the open letter to Ken Russell and Elvis Cruz are uninformed & ignorant. Why?
Both Mr. Snyder & Mr. Cruz allegedly support the public's right to have honest government, that they have been deceived or deprived of something, some moral imperative. It was the people who voted these characters into office, so the people get what they voted for and therefore deserve. Even if the people voted for a strong mayor, it would still be the publics flawed perceptions/prejudices that leads to their flawed mass voting. I mean, who else do you blame, if not the general public who votes?
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