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MAJOR USE SPECIAL PERMIT
for
Oak Garden Homes
located at approximately
3129-3159 NW llth Street
CASE NO. 2005-101
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for Oak Garden Homes project (MU-2005-034) has been
reviewed to allow a Major Use Special Permit per Articles 5, 13 and 17, located at ap-
proximately 3129-3159 NW 11th Street, Miami, Florida, to construct an approximate 17
unit single family/duplex residential development.
This Permit also includes the following requests:
MAJOR USE SPECIAL PERMITS
MUSP, as per Article 5, Section 500(1), Section 502(a)-(b), to allow PUD Project
in a R-2 Zoning District to provide greater flexibility in the pattern of development
and meeting the minimum required 50,000 square feet of gross lot area,
providing 52,805 square feet;
MUSP, as per Article 17, Section 1703.1 and Section 1305 for development of
17 residential units in a PUD Project;
Per City Code, Chapter 36, construction equipment request for waiver of noise
ordinances while under construction for building shell.
The Major Use encompasses the following Special Permits:
CLASS II SPECIAL PERMITS
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to allow a
construction fence and covered walkway;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, for approval of
signage;
CLASS II SPECIAL PERMIT, as per Article 9, Section 927 to allow temporary
offsite parking during construction;
CLASS II SPECIAL PERMIT, as per Article 9, Section 401, to approve open
space and/or residential recreation space as shown on plans;
CLASS I SPECIAL PERMITS
CLASS I SPECIAL PERMIT, as per Article 9, Section 925.3.8, to allow
development/construction/rental signage;
CLASS I SPECIAL PERMIT, as per Article 9, Section 918.2, for parking and
staging of construction during construction;
CLASS I SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a
construction trailer and watchman's quarters;
CLASS !SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a trailer for
construction and other temporary offices such as leasing and sales;
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CLASS 1 SPECIAL PERMIT, as per Article 9, Section 906.9, to allow for a
special event namely a ground breaking ceremony.
REQUEST for the following MUSP condition to be required at time of shell permit:
a) The requirement to record in the Public Records a Declaration of Covenants
and Restrictions providing that the ownership, operation and maintenance of all common
areas and facilities will be by the property owner or a mandatory property owner
association; and
b) The requirement to record in the Public Records a unity of title or covenant in
lieu of unity of title.
Pursuant to Articles 5, 13 and 17 of Zoning Ordinance 11000, approval of the
requested Major Use Special Permit shall be considered sufficient for the subordinate
permits requested and referenced above as well as any other special approvals required
by the City which may be required to carry out the requested plans.
In determining the appropriateness of the proposed project, the Planning
Department has referred this project to the Large Scale Development Committee
(LSDC) and the Planning Internal Design Review Committee for additional input
and recommendations; the following findings have been made:
• It is found that the proposed development project will benefit the area by creating
additional residential opportunities in the Flagami NET District, located east of NW
32" d Avenue between NW 11th Street and State Road 836.
• It is found that the subject property is located in the "Waldin Acres" Plat within the
South Grapeland Heights neighborhood of the City.
• It is found that pursuant to the Zoning Ordinance of the City of Miami, Florida, the
existing zoning designation for the property is R-2 (Two -Family Residential)
• It is found that pursuant to the Comprehensive Neighborhood Plan of the City of
Miami, Florida, the existing Future Land Use category for the property is "Duplex
Residential".
• It is found that the project is being developed as a Planned Unit Development (PUD)
and thus requires a Major Use Special Permit.
• It is found that the residential density of the project (17 units at 17units per acre) is
below the maximum 18 units (18 units per acre) on the 0.99± net acre site.
• It is found that the project is expected to cost approximately $2,550,000, and to
employ approximately 23 workers during construction (FTE-Full Time Employees);
The project will also generate approximately $33,831 annually in tax revenues to the
City (2005 dollars).
• It is found that on September 13, 2005, the Miami -Dade Aviation Department
provided a Height Analysis review of the proposed project and found that it conforms
to the Miami -Dade County Height Zoning Ordinances. Any construction cranes for
this project exceeding 100 feet in height must be filed with the Federal Aviation
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Administration (FAA) Form 7460-1, "Notice of Proposed Construction Alteration for
Determination of Known Hazards" by the applicant.
• It is found that on September 19, 2005, the City's Traffic Consultant, URS Corp.,
provided a review (W.O. #116) of the Traffic Impact Analysis submitted by the
applicant and has found the traffic analysis sufficient.
• It is found that the Large Scale Development Committee reviewed the project on
September 21, 2005 to address the expressed technical concerns raised at said
Large Scale Development Committee meeting.
• It is found that the proposed project was reviewed for design appropriateness by the
Urban Development Review Board on October 19, 2005, which recommended
Approval (UDRB Reso. 10-19-05-6) with conditions.
• It is found that the Internal Design Review Committee reviewed a revised version of
the proposed project on October 28, 2005 and the following pertinent comments
were made: Landscaping — The parking spaces shall be finished with a grass
interlocking block semi -pervious material, all plazas, terraces, patios and sidewalks
be constructed of pavers on sand base, and the interior driveway be constructed of
asphalt or concrete with pavers at the entrance up to the first building's edge. The
Planning Department's review resulted in design modifications that were then
recommended for approval to the Planning Director.
• It is found that Miami -Dade Public Schools provided a revised review of the
proposed project on December 13, 2005. The student population generated by this
development is estimated at 8 students. The schools serving this area of application
are Kensington Park Elementary (4 students) — 96% Florida Inventory School
Houses (FISH) Capacity with the proposed project; Citrus Grove Middle (2 students)
— 139% FISH; and Miami Jackson Senior High (2 students) — 79% FISH. Pursuant
to the interlocal agreement, only Citrus Grove Middle meets the review threshold of
115%. As of January 2005, the Planned Relief Schools in the area are New Modular
Kensington Park Elementary (488 student stations) with an Occupancy Date
Funding Year of 2006-07; and New Modular Citrus Grove Middle (676 student
stations) with an Occupancy Date Funding Year of 2006-07. At an average of $6,549
per K-12 student, the total annual operating cost for the additional students residing
in this development, if approved, would total $52,392. Based on the State's
December 2005 student station cost factors, capital costs for the estimated
additional students to be generated by the proposed development is $129,958.
• It is found that with respect to all additional criteria as specified in Section 1305.2 of
Zoning Ordinance 11000, the proposal has been found to adhere to the following
Design Review Criteria: (1) Site and Urban Planning; (2) Architecture and
Landscape Architecture; (3) Pedestrian Oriented Development; (4) Streets and
Open Space; (5) Vehicular Access and Parking; (6) Screening; (7) Signage and
lighting; (8) Preservation of Natural Features; and (9) Modification of
Nonconformities.
Based on these findings, the Planning Department is recommending approval of
the requested Development Project with the following conditions:
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1) Meet all applicable building codes, land development regulations, ordinances
and other laws and pay all applicable fees due prior to the issuance of a building permit.
2) Allow the Miami Police Department to conduct a security survey, at the option
of the Department, and to make recommendations concerning security measures and
systems; further submit a report to the Planning Department, prior to commencement of
construction, demonstrating how the Police Department recommendations, if any, have
been incorporated into the PROJECT security and construction plans, or demonstrate to
the Planning Director why such recommendations are impractical.
3) Obtain approval from, or provide a letter from the Department of Fire -Rescue
indicating APPLICANT'S coordination with members of the Fire Plan Review Section at
the Department of Fire -Rescue in the review of the scope of the PROJECT, owner re-
sponsibility, building development process and review procedures, as well as specific
requirements for fire protection and life safety systems, exiting, vehicular access and
water supply.
4) Obtain approval from, or provide a letter of assurance from the Department of
Solid Waste that the PROJECT has addressed all concerns of the said Department prior
to the obtainment of a shell permit.
5) Comply with the Minority Participation and Employment Plan (including a Con-
tractor/Subcontractor Participation Plan) submitted to the City as part of the Application
for Development Approval, with the understanding that the APPLICANT must use its
best efforts to follow the provisions of the City's Minority/Women Business Affairs and
Procurement Program as a guide.
6) Record the following in the Public Records of Dade County, Florida, prior to
the issuance of a Temporary Certificate of Occupancy or Certificate of Occupancy, a
Declaration of Covenants and Restrictions providing that the ownership, operation and
maintenance of all common areas and facilities will be by the property owner or a man-
datory property owner association in perpetuity.
7) Prior to the issuance of a shell permit, provide the City with a recorded copy of
the MUSP permit resolution and development order, and further, an executed, record
able unity of title or covenant in lieu of unity of title agreement for the subject property;
said agreement shall be subject to the review and approval of the City Attorney's Office.
8) Provide the Planning Department with a temporary construction plan that in-
cludes the following; a temporary construction parking plan, with an enforcement policy;
a construction noise management plan with an enforcement policy; and a maintenance
plan for the temporary construction site; said plan shall be subject to the review and ap-
proval by the Planning Department prior to the issuance of any building permits and
shall be enforced during construction activity. All construction activity shall remain in full
compliance with the provisions of the submitted construction plan; failure to comply may
lead to a suspension or revocation of this Major Use Special Permit.
9) In so far as this Major Use Special Permit includes the subordinate approval of
a series of Class I Special Permits for which specific details have not yet been devel-
oped or provided, the applicant shall provide the Planning Department with all subordi-
nate Class I Special Permit plans and detailed requirements for final review and ap-
proval of each one prior to the issuance of any of the subordinate approvals required in
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order to carry out any of the requested activities and/or improvements listed in this de-
velopment order or captioned in the plans approved by it.
10) If the project is to be developed in phases, the Applicant shall submit an in-
terim plan, including a landscape plan, which addresses design details for the land oc-
cupying future phases of this Project in the event that the future phases are not devel-
oped, said plan shall include a proposed timetable and shall be subject to review and
approval by the Planning Director.
11) Pursuant to design related comments received by the Planning Director, the
applicant shall meet the following condition: The parking spaces shall be finished with a
grass interlocking block semi -pervious material, all plazas, terraces, patios and side-
walks be constructed of pavers on sand base, and the interior driveway be constructed
of asphalt or concrete with pavers at the entrance up to the first building's edge.
12) Within 90 days of the effective date of this Development Order, record a
certified copy of the Development Order specifying that the Development Order runs
with the land and is binding on the Applicant, its successors, and assigns, jointly or
severally.
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