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HomeMy WebLinkAboutITEM #5-PAB- 01.16.08PLANNING FACT SHEET LEGISTAR FILE ID: 07-00863mu APPLICANT REQUEST/LOCATION COMMISSION DISTRICT ZONING DISTRICT(S) SITE AREA LEGAL DESCRIPTION PETITION PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS PLANNING ADVISORY BOARD CITY COMMISSION January 16, 2008 Item # 5 A. Vicky Garcia -Toledo Esquire, as attorney on behalf of the owners E.F.C. Holding, Inc. Consideration of a Major Use Special Permit for the Grove Estates project, located at approximately 4055 SW 37th Avenue, Miami, Florida 2 R-1 (Single -Family Residential) with overlay districts SD-18 (Minimum Lot Size District FAR) and NCD-3 (Coconut Grove Neighborhood Conservation Overlay District). 7.38± acres (Gross) and 7.26± acres (Net) See supporting documentation Consideration of a resolution, approving with conditions, a major Use Special Permit pursuant to articles 5, 13 and 17 of Zoning Ordinance No. 11000, as amended, for the Grove Estates project, a residential development to be located at approximately at 4055 Southwest 37th Avenue, Miami, Florida; comprised of a maximum of 11 single family residential structures, with up to 201,477 square feet of floor area, and a maximum height of 25 feet 0 inches A.G.L. (44 feet and 0 inches N.G.V.D.); an entry gate house and a concierge structure with approximately 1,000 square feet of floor area; and approximately 37 parking spaces Approval with conditions See supporting documentation VOTE: CITY OF MIAMI • PLANNING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1500 Date Printed: 1/9/2008 Page 1 ANALYSIS MAJOR USE SPECIAL PERMIT for Grove Estates located at approximately 4055 Southwest 37th Avenue. FILE ID: 07-00863mu Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal for the Grove Estates project, located at approximately 4055 SW 37th Avenue, Miami, Florida, has been reviewed to allow a Major Use Special Permit per Articles 5, 13 and 17, to construct a residential development as part of a Planned Unit Development (PUD) comprised of a maximum of 11 single family residential structures, with up to 201,477 square feet of floor area, a maximum height of 25 feet 0 inches (44 feet 0 inches N.G.V.D.), an entry gate house and a concierge structure with approximately 1,000 square feet of floor area and 37 parking spaces. This Permit also includes the following requests: MAJOR USE SPECIAL PERMITS MAJOR USE SPECIAL PERMIT, as per ARTICLE 5, Section 508, Planned unit devel- opment generally in R-1 Single -Family Residential Districts, to allow a planned unit de- velopment on properties that have been designated as historic sites, archeological zones, and environmental preservation districts; The Major Use Special Permit encompasses the following Special Permits and Requests: CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 927. Temporary structures, occupancies, and uses during construction, criteria for special permits, to allow tempo- rary structures, occupancies, and uses reasonably necessary for construction such as construction fence, covered walkway and if encroaching public property must be ap- proved by other city departments; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 906, Sub -Section 906.9. Tem- porary special events; special permits; criteria, to allow temporary carnival, festival, fair or similar type event on privately owned or City -owned land such as a ground breaking ceremony; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 916, Sub -Section 916.2.1. Temporary special event parking, to allow parking for temporary special event such as groundbreaking ceremonies; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 918, Sub -Section 918.2. Tem- porary off-street offsite parking for construction crews, criteria, to allow temporary off- street offsite parking, for construction crews working on a residential project under con- struction, within R-1 with SD-18 and NCD-3 or more permissive zoning district; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 920, Sub -Section 920.1.2. Limi- tations on occupancy of mobile homes, to allow parking of mobile homes, trailers or 07-00863mu Page 1 of 6 manufactured homes, when authorized for security or other purposes in connection with land development such as construction trailer(s) and other temporary construction of- fices such as watchman's quarters, leasing and sales centers; CLASS I SPECIAL PERMIT as per ARTICLE 10, Section 10.5.3.1 (2). R-1 Single -Family Residential — Sign Regulations, to allow temporary signs for development; REQUEST, for waiver of CHAPTER 36 NOISE, Section 36-6 Construction Equipment (a) permitting the operation of construction equipment exceeding the sound level of a read- ing of 0.79 weighted average DBA at any time and/or day subject to the City Manager Exception pursuant to Section 36-6 (c) and all the applicable criteria; REQUEST, for applicable MAJOR USE SPECIAL PERMIT, that the following conditions be required at the time of issuance of Shell Permit instead of at issuance of Foundation Permit; The requirement to record in the Public Records a Declaration of Covenants and/or Restrictions providing that the ownership, operation and maintenance of all common areas and facilities will be by the property owner and/or a mandatory property owner association - This Major Use Special Permit shall not encompass the Class II Special Permits required pursuant to Article 15, Section 1511, Article 13, Section 1305.2, and Article 9, Section 908.9 of the City Zoning Ordinance, as it relates only to each single family residential structure, and as such, the owner and/or developer of each single family residential structure to be located within this Planned Unit Development shall apply for a separate Class II Special Permit pursuant to the Sections referenced above, prior to obtaining a building permit. In determining the appropriateness of the proposed project, the Planning Department has referred this project to the Large Scale Development Committee (LSDC), to the Planning Internal Design Review Committee, Urban Development Review Board and Historic Environmental and Preservation Board 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 SOUTH WEST COCONUT GROVE NET District, bounded by Bay Breeze Avenue, to the north; North Bayhomes Dr., to the South; Southwest 37 Avenue, to the east and Biscayne Bay, to the west. • It is found that the subject property is located in lot "Q" of Ewaton Heights subdivision, recorded in Plat Book `B", page 52 of the Public Records of Miami -Dade County, Florida, within the South Grove Bayside neighborhood of the City. • It is found that the zoning designation of the property is R-1 (Single -Family Residential) with overlay districts SD-18 (Minimum Lot Size District FAR) and NCD-3 (Coconut Grove Neighborhood Conservation Overlay District). • 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 "Single Family Residential". 07-00863mu Page 2 of 6 • It is found that the proposed project is located within an Archeological Conservation area and a Certificate of Approval for the removal and relocation of trees to accommodate the installation of a masonry wall, guardhouse and gates was issued from the Historic Environmental and Preservation Board (HEPB) on June 6, 2006 with Resolution HEPB-2006-50. • It is found that the proposed project is scheduled for consideration by the Historic Environmental and Preservation Board (HEPB) on February 5, 2008 for the proposed subdivision improvements of the 11 residential lots, which include tree removals, road construction, secondary walls and gate. • It is found that the proposed residential density of the project (11 units at 1.5 units per acre) is below the maximum allowed, which is 65 units (9 units per acre) on the 7.26± net acre site. • It is found that the total allowable combined floor area without bonuses for the 7.38± gross acre site is 201,477.3 square feet. The project as proposed is not requesting any bonuses and consists of a total FAR of 187,486 square feet (186,486 sq. ft. proposed residential use and 1,000 sq. ft. for the entry gate house and concierge). • It is found that the zoning designations of the site (R-1, SD-18 and NCD-3) allow a maximum height of 25 feet (44 feet 0 inches N.G.V.D.). Therefore, the maximum height of the proposed 11 residential units shall not exceed the maximum allowed. • It is found that the Miami -Dade Aviation Department provided a Height Analysis review of the proposed project dated on October 16, 2007 and found that it does not meet their review criteria for its location, based on that it will not require a Height Analysis or a Letter of Determination from this Department. • It is found that the proposed total number of parking spaces (approximately 37) for the project is above the required number of 22 parking spaces. • It is found that the project is expected to cost approximately $ 80,228,255 and to employ approximately 65 workers during construction (FTE-Full Time Employees); The project will also result in the creation of approximately 3 permanent new jobs (FTE) for building operations and will generate approximately $ 1,045,973 annually in tax revenues to the City (2007 dollars). • It is found that on October 12, 2007, the City of Miami Public Works Department provided a review of the project and the following street improvements shall be required: (1) S.W. 37 Avenue: The existing rock wall shall be preserved to the maximum extent possible. Repair any damaged sections of the bicycle path adjacent to the project site; (2) Bulkhead: reconstruct the bulkhead along Biscayne Bay adjacent to the project site to conform to Miami -Dade County flood control criteria, including elevation. • It is found that Miami -Dade Public Schools provided a revised review of the proposed project on January 8, 2008. The student population generated by this development is estimated at 7 students. The schools serving this area of application are Coconut Grove Elementary (3 students) — 90% Florida Inventory School Houses (FISH) Capacity with the proposed project; Ponce de Leon Middle (2 students) —82% 07-00863mu Page 3 of 6 FISH; and Coral Gables Senior (2 students) — 125% FISH. Pursuant to the interlocal agreement, only Coral Gables Senior exceeds the review threshold. • It is found that the Environmental Impact Analysis submitted with the project states that the "project team has not found that proposed project in an overall significant adverse impact to the environment and natural resources at the Site". • It is found that the Large Scale Development Committee reviewed the project on October 17, 2007 to address the expressed technical concerns raised at said Large Scale Development Committee meeting. • It is found that the proposed project was reviewed by the Internal Design Review Committee of the Planning Department on August 7, 2007, and the following revised pertinent comments were made: Site and Urban Design: 1) This site is located within an Environmental Preservation District (EPD), Neighborhood Conservation District (NCD), and along a Scenic Transportation Corridor. It is schedule to review by the Historic and Environmental Preservation Board (HEPB) on February 5, 2008 and the applicant shall incorporate the Board recommendations; 2) Each lot shall comply with the Neighborhood Conservation District requirements; 3) The future residential units will require review and approval by the Planning Director as part of a Class II Special Permits; 4) A reduction of the overall height in the secondary entry wall shall be within the character of the surrounding Coconut Grove neighborhood; 5) The following specimen trees could be preserved by further adjusting the roadway alignment around trees number 219 and 293. Additional trees that are worth relocating on the existing proposal are trees 321, 325, and 327. • It is found that the proposed project was submitted to the Urban Development Review Board on November 21, 2007 resulting approved. • It is found that on December 18, 2007, the City's Traffic Consultant, URS Corp., provided a sufficiency letter - review (W.O. #188) of the Traffic Impact Analysis submitted by the applicant. Based on these findings, the Planning Department is recommending approval of the requested Development Project with the following conditions: 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 responsibility, building development process and review procedures, as well as specific requirements for fire protection and life safety systems, exiting, vehicular access and water supply. 07-00863mu Page 4 of 6 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 Contractor/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 mandatory 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 includes 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 approval 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 developed or provided, the applicant shall provide the Planning Department with all subordinate Class I Special Permit plans and detailed requirements for final review and approval of each one prior to the issuance of any of the subordinate approvals required in order to carry out any of the requested activities and/or improvements listed in this development order or captioned in the plans approved by it. 10) If the project is to be developed in phases, the Applicant shall submit an interim plan, including a landscape plan, which addresses design details for the land occupying future phases of this Project in the event that the future phases are not developed, 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 conditions: a) The applicant shall incorporate the Historic and Environmental Preservation Board (HEPB) recommendations after the meeting scheduled on February 5, 2008, if any; b) Each lot shall comply with the neighborhood conservation district requirements; c) The future residential units will require review and approval by the Planning Director as part of the Class II Special Permit for each unit; d) A reduction of the overall height in the secondary entry wall shall be within the character of the surrounding Coconut Grove neighborhood and the modification must be previously reviewed and approved by the Planning Director; e) 07-00863mu Page 5 of 6 The following specimen trees shall be preserved by further adjusting the roadway alignment around trees number 219 and 293. Additional trees that are worth relocating on the existing proposal are trees 321, 325, and 327. 12) Pursuant to comments by the City of Miami Public Works Department, the following street improvements shall be required: (a) S.W. 37 Avenue: The existing rock wall shall be preserved to the maximum extent possible. Repair any damaged sections of the bicycle path adjacent to the project site; (b) Bulkhead: reconstruct the bulkhead along Biscayne Bay adjacent to the project site to conform to Miami -Dade County flood control criteria, including elevation 13) 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. 07-00863mu Page 6 of 6 FUTURE LAND USE MAP 0 150 300 600 Feet 111111111 Address: 4055 SW 37 AVENUE LEAFY WAY \\\\\ �� \\\\ \.\\ \\\ \\\\ PARK AV HARDI E AV ZONING ATLAS MAP k \�, • RO \\\\D;18\\ \ �\\\�\\\ \\\ \\\ \\\\\ \\ �\\. \\\ \\\ \\\\ \\�,\\\ \\ \\\\\\� \ \ • 'N'\\l\'� \' \\\�\\ \\ \\ ' \\\ \\\\,. <\ \\ \\�\\\\\\\\\\\ \ \„ \\\.:\\\\ \\�\ \\\\ \'\\ NCD-3N • �\\ \ \\\ \\\ \\\ \� \\\\\\\\\\ \\\\ \\\\ �,\\\\ . \\ ' ;,> \\\\\ \\\\\s\\ \\ \ \\\\\ \\ \\\\\\\\ \\\\\\\\\\\\\\ \\\\ \ :.\\\\N. ; \\\\\\\ \\\\\ \\\\� \\\\\\ '\ \\\\\\\\\\\\\N \\\.. \\\�\\\' :\\\\\\\.:\\\\:.\\\\\\, \\\\. \\\\\\\'< '<'.\\'\\ \ \x k'''\%.\\..y\\\*. :,\,\V...§%\\;\ ,.\.\.\''' \'\\ \\�\\\\\ \\ \ \\' . \ \ \\\\\ \'\\\\\\\\ \\ \ \ .. ; \\\\\ • \\\\\ \\\\ \\\`\\ KLEBBA DR MATHESON AV STEWART AV 0 150 300 600 Feet 111111111 \\ , \\\ \\\ \\\\ \ Address: 4055 SW 37 AVENUE MATHESONAV:.. 0 150 300 600 Feet 111111111 Address: 4055 SW 37 AVENUE C Y 0 F I A M I PLANNING D E P ARTMENT DESIGN REVIEW COMMENTS MAJOR USE SPECIAL. PERMIT IDR-07-030 GROVE E STATES 4055 DOUGLASS ROAD 08-07-2007 The following comments represent the unified vision of the Pre -Application Design Review Committee, which consist of all staff members in the Urban Design and Land Development Divisions. COMMENTS: The following comments are being made in an effort to develop projects to their highest potential and make a significant contribution to improving the quality of our built environment with great architecture and urban design. As a result of the site meeting held on Thursday, August 2, 2007, and the Internal Design Review Committee meeting on Tuesday August 7, 2007, the following observations and recommendations are made: Site and Urban Design • This site is located within an Environmental Preservation District (EPD), as well as along a Scenic Transportation Corridor, and the development will be subject to approval by the Historic and Environmental Preservation Board (HEPB). It is critical to consider the existing landscape within the design and incorporate the proposed roadways and buildings into the landscape in a manner which saves as many of the existing trees as possible. Consider the effect of the proposed road placement on the existing trees to remain on the site, • The committee appreciates the efforts to address the Douglas Road Frontage with multiple layers of plant material and has found the solution to be successful. • There is concern with the current placement of the road and the adverse affects it will have on the majority of the existing trees and palms. This placement requires the removal of several large specimen trees, such as Royal Poinciana and African Tulip trees. • In addition, roadway construction will severely harm existing trees that are proposed to remain. The committee fords that the road's location is too close to the base of these existing tree trunks and root systems which will injure the trees by excessive compaction. • The proposed placement of the road will also severely alter the natural site drainage and depressions occurring around the existing trees. • Due to the negative impact on the existing trees and palms, the committee finds that the proposed roadway should be constructed along the northern perimeter of the site. This will serve to minimize the overall impact on the natural features, natural site drainage, and existing groupings of trees. With the addition of a landscape buffer between this proposal and the Kampong property, the placement of the road will have minimal impact on the existing site conditions. • Please collaborate with a certified Arborist or Horticulturist, in order to identify unknown tree species listed. • The committee recommends for the back yards of future home sites to abut the back yards of existing homes to the south, in lieu of a roadway. • Consider alternate turn around solutions for the cul-de-sac that will minimize the effect of the roadway on future home sites. It is our intention with these comments to aid in expediting Special Permit applications with your voluntary efforts in making the necessary changes; thereby, avoiding any preventable delays particularly prior to a project's submission to the Large Scale Development Committee or the Urban Development Review Board. 1 December 18, 2007 Ms. Lilia I. Medina, AICP Assistant Transportation Coordinator City of Miami, Office of the City Manager/Transportation 444 SW 2nd Avenue (10th Floor) Miami, Florida 33130 Re: Grove Estates Sufficiency Letter — Review # 188 Dear Ms. Medina: PLANNRECLIVE ING DEPAR TMEN r 70U1 DEC 20Via PH Fax and US Mail Subsequent to our December 11, 2007 review comments for the subject project, we have received e-mail responses from David Plummer and Associates Inc. (DPA) dated December 17, 2007. Photocopy of DPA responses are attached herewith. At this tirne, we conclude that the traffic impact report meets all the traffic requirements and the study is found to be sufficient. Should you have any questions, please call Ms. Geysa Sosa or me at 954.739.1881. Sincerely, UR or or., ion Southern Raj . hanmu Sen •r Traffic • •' -er Attachment Cc: Mr. Antonio E. Perez, Planner 1!, City of Miami Planning (Fax - 305.416.1443) Ms. Sonia Shreffler-Bogart Pf; (DPA) (Fax - 305.444.4986) URS Corporation Lakeshore Complex 5100 NW 33rd Avenue, Suite 150 Fort Lauderdale, FL 33309-6375 Tel: 954.739.1881 Fax: 954.739.1789 Building Design/Guidelines • In addition to the regulations set forth by the SD-18 overlay, this property is also subject to NCD-3 Regulations. Each lot shall comply with the neighborhood conservation district requirements. Specifics of these regulations can be obtained through the Planning Department. • The Design guidelines will require further review with the Planning Department Staff and additional information such as color and material palettes. The Planning Department reserves the right to comment further on the project as details and/or explanations are provided and may revise previous comments based on this additional information. *** Please note that the Planning Department reviews Special Permit proposals based on architectural design, site planning and urban design issues. The project still needs to be reviewed and to comply with other department's requirements. It is our intention with these comments to aid in expediting Special Permit applications with your voluntary efforts in making the necessary changes; thereby, avoiding any preventable delays particularly prior to a project's submission to the Large Scale Development Committee or the Urban Development Review Board. 2 1 Ms. Ana Gelabert-Sanchez October 16, 2007 Page 2 This determination is based, in part, on the description provided to us by you, which includes specific building locations and heights. Any changes in building locations/layouts or heights will void this determination. Any future construction or alteration, including an increase to heights requires separate notice to the FAA and the Miami -Dade Aviation Department. Land Use Review: Based on the available information, MDAD has determined that the referenced property is clear of any land use restrictive zones as defined in the Code of Miami -Dade County, Article VII Miami International Airport (Wilcox Field) Zoning, Section 33-336. Should you have any questions or if I can be of further assistance, please feel free to contact me at 305-876-8080. se . Ramos, R. ief of Aviation Planning Section JR/rb C: S. Harman File Zoning CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Ana Gelabert-Sanchez Director Planning Department eephanie N. Grindell, P.E. Director Public Works Department DATE: SUBJECT: EFRP NCES : Francis Mitdiaii,Signing }' -`2NCLOSUFiES: Stephanie WM4 PE October 12, 2007 FILE : Large Scale Development Review - Grove Estates The Public Works Department has reviewed the Large Scale Development plans for the development located at 4055 Douglas Road and has the following comments. 1. Since this project is presented a "Planned Unit Development", replatting of the property is not required in order to obtain building permits. 2. The existing rock wall along Douglas Road shall be preserved and remain privately owned and maintained. Additional dedication of roadway right of way will only be required up to the face of the existing rock wall (Approximately 5 feet according to City records). 3. An agreement between the City of Miami and the property owner is required for any landscaping located in the public right of way. Public Works approval and permit is required for any landscaping improvements in the right of way. 4. Public Works policy requires that no closures of vehicular travel lanes will be permitted during the course of construction unless a temporary replacement lane, approved by the Public Works Department, is constructed and maintained by the Contractor throughout the duration of the lane closure. A maintenance of traffic plan is required for any temporary right of way closure request. 5. In order to mitigate traffic congestion and problems associated with unregulated parking throughout the neighborhood, the Contractor/Developer shall be required to provide approved, designated off -site parking for workers and a shuttle service to the work site. The parking/shuttle plan, if necessary, shall be coordinated with the local City of Miami NET Service Center. 6. Since this project is 5.02 acres in total construction area, the methods of construction must comply with the City of Miami Municipal Separate Storm Sewer Permit (MS4). This project will require a Florida Department of Environmental Protection (DEP) Stormwater, Erosion and Sediment permit. For information on a DEP permit application, please contact our department online at www.dep.state.fl.us/water/stormwater/npdes or (305) 416 -1200. Ana Gelabert-Sanchez 10/ 12/ 2007 Director Planning Department Page 2 of 2 In addition to these comments, the Public Works Department will require the following street improvements: S.W. 37 Avenue: The existing rock wall shall be preserved to the maximum extent possible. Repair any damaged sections of the bicycle path adjacent to the project site, Bulkhead: Reconstruct the buldkhead along Biscayne Bay adjacent to the project site to conform to Miami -Dade County flood control criteria, including elevation. In addition, pavement restoration for all water and sewer extensions, existing damaged pavement and pavement damaged during construction, as determined by the City inspector, shall include milling and resurfacing of the full pavement width along the entire length of the excavation and/or damaged pavement area. The streets and avenues adjacent to the project site must be clear of dust and construction debris at all times. If you have any questions concerning these comments, please call Mr. Leonard Helmers, Professional Engineer IV, at extension 1221. SNG/ friJEE/ee tila c: AvifB & Associates 1350 S.W. 57 Avenue • Suite 207 West Miami, Florida 33144 EFC Holding, INC. 5960 S.W. 57 Avenue Miami, FL 33143 Stephanie Grindell, P.E., Director of Public Works Roberto E. Lavernia, Chief of Land Development, Planning Department bc: Development and Roadway Plans Central MIAMI INTERNATIONAL AIRPORT Commercial Airport: Miami International Airport General Aviation Airports: Dade -Collier Training & Transition Homestead General Kendall-Tamiami Executive Opa-locka Opa-locka West Ms. Ana Gelabert-Sanchez Director of Planning, City of Miami 444 SW 2nd Avenue, 3rd Floor Miami, FL 33130 0 Miami -Dade Aviation Department Ri (;f P.O. Box 025504 Miami, 3312-5504 PLANNING DEPAPVT M /0876 70DOra F�305 806 094& 20U1OCT 22 PM 2: 2 I October 16, 2007 www.miami-airport.com miamidade.gov RE: Airspace and Land Use Analysis for the Grove Estates Project Located at 4055 Douglas Road Dear Ms. Gelabert-Sanchez: The Miami -Dade Aviation Department (MDAD) has reviewed the submittal for an airspace and land use analysis for the above referenced project. Airspace Review: Based on our cursory review of the project information provided to us, an assumed project height of less than 40 feet AMSL (Above Mean Sea Level) does not meet our review criteria for its location and will not require a Height Analysis or Letter of Determination from this Department. However, any construction cranes for this project reaching or exceeding 200 ft AMSL (Above Mean Sea Level) must be filed by the construction contractor using FAA Form 7460-1, Notice of Proposed Construction or Alteration. The form is available through this office or through the FAA website: https://oeaaa.faa,gov . This form should be mailed to: Federal Aviation Administration, Air Traffic Airspace Branch - ASW-520, 2601 Meacham Blvd, Ft. Worth, TX 76137-0520. Alternatively, the construction contractor may "e-file" online at https://oeaaa.faa.gov Please note that the airspace review process is governed by two different regulations: the Miami -Dade County Height Zoning Ordinances and Federal Regulation Title 14 Part 77. The FAA has its own airspace evaluation requirements, and issues airspace determinations for structures and cranes based on the particular facts then presented before the FAA. The County's Aviation Department or the applicable municipal building official determines whether the County's height limitations are met, and FAA determines whether FAA building, marking and height requirements are met. • Ms. Debra Sinkle Kolsky September 7, 2007 Page 2 This determination is based, in part, on the description provided to us by you, which includes specific building locations and heights. Any changes in building locations/layouts or heights will void this determination. Any future construction or alteration, including an increase to heights requires separate notice to the FAA and the Miami -Dade Aviation Department. Land Use Review: Based on the available information, it was determined that the parcel falls inside the Critical Area Approach Sub -Zone "B" ("CA-B") as defined in the Zoning Ordinance for Miami International Airport ("the Ordinance")1104-203. Please be advised that the placement of an educational facility including a day care facility at this location is subject to all applicable regulations as referenced in the Ordinance. Should you have any questions in obtaining and/or filling out FAA form 7460-1 or if I can be of any further assistance, please feel free to contact me at 305-876-8080. Sin Jo '' A a , ` .A. Ch of of Aviation Planning Section JR/AH/cf C: S Harman A. Herrera N. Mata S. Basu, Department of Planning and Zoning D. Holness, Department of Planning and Zoning R. Lavernia, City of Miami A. Perez, City of Miami O. Toledo, City of Miami Antonio J. Hernandez, Fullerton Diaz Architects File Zoning **PRELIMINARY* SCHOOL IMPACT REVIEW ANALYSIS September 27, 2007 FOR INFORMATIONAL PURPOSES ONLY; THE REQUIREMENTS UNDER THE INTERLOCAL AGREEMENT FOR SCHOOL FACILITY PLANNING ARE NOT TRIGGERED SINCE THE APPLICANT IS NOT REQUESTING ADDITIONAL RESIDENTIAL DENSITY OVER WHAT IS CURRENTLY ALLOWED IN THE PROPERTY'S ZONING CLASSIFICATION. APPLICATION: Grove Estates (Large Scale Development — October 17, 2007) REQUEST: Large Scale Development ACRES: + 7.26 net acres ZONING: R-1 (9 DU/acre), SD-18 and NCD-13 LOCATION: 4055 Douglas Road, Miami MSA/ MULTIPLIER: 4.2 / .65 Single Family -Detached NUMBER OF UNITS: 11 Single Family -Detached (Existing zoning allows 43 Single Family Homes) ESTIMATED STUDENT POPULATION: 7 ELEMENTARY: MIDDLE: SENIOR HIGH: 3 2 2 SCHOOLS SERVING AREA OF APPLICATION ELEMENTARY: Coconut Grove Elementary — 3351 Matilda Street MIDDLE: Ponce de Leon Middle — 5801 Augusto Street SENIOR HIGH: Coral Gables Senior High — 450 Bird Road All schools are located in Regional Center IV. *Based on Census 2000 information provided by Miami -Dade County Department of Planning and Zoning. The following population and facility capacity data are as reported by the Office of Information Technology, as of October 2006: Coconut Grove Elementary Ponce de Leon Middle Coral Gables Senior % UTILIZATION % UTILIZATION NUMBER OF FISH DESIGN FISH DESIGN FISH DESIGN PORTABLE CAPACITY STUDENT CAPACITY CAPACITY STUDENT PERMANENT AND CUMULATIVE POPULATION PERMANENT PERMANENT STATIONS RELCOATABLE STUDENTS** 321 324 * 1,215 1,217 * 3,525 3,527 * 290 1,184 2,799 111% 112% 103% 103% 126% 126% 44 139 0 96% 97% 92% 92% 126% 126% 425 1,505 3,861 *Student population increase as a result of the proposed development **Estimated number of students (cumulative) based on zoning/land use log (2001- present) and assuming all approved developments are built; also assumes none of the prior cumulative students are figured in current population. Notes: 1) Figures above reflect the impact of the class size amendment. 2) Pursuant to the Interlocal Agreement, none of the schools meet the review threshold. PLANNED RELIEF SCHOOLS IN THE AREA (Information included in 5-Year Capital Plan, 2007-2011, dated September 2007) Projects in Planning, Design or Construction School Status N/A Proposed Relief Schools School State School LLL-1 International Studies (Coral Gables Senior High School relief) (700 student stations) Projected Occupancy Date Funding year School Opening 2008-2009 OPERATING COSTS: Accounting to Financial Affairs, the average cost for K-12 grade students amounts to $6,549 per student. The total annual operating cost for additional students residing in this development, if approved, would total $45,843. CAPITAL COSTS: Based on the State's October 2007 student station cost factors*, capital costs for the estimated additional students to be generated by the proposed development are: ELEMENTARY Does not meet review threshold MIDDLE Does not meet review threshold SENIOR HIGH 2 x $26,159 $52,318 Total Potential Capital Cost $52,318 *Based on Information provided by the Florida Department of Education, Office of Educational Facilities Budgeting. Cost per student station does not include land cost. City of Miami Legislation PAB Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 07-00863mu Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE GROVE ESTATES PROJECT, A RESIDENTIAL DEVELOPMENT TO BE LOCATED AT APPROXIMATELY AT 4055 SOUTHWEST 37TH AVENUE, MIAMI, FLORIDA; COMPRISED OF A MAXIMUM OF 11 SINGLE FAMILY RESIDENTIAL STRUCTURES, WITH UP TO 201,477 SQUARE FEET OF FLOOR AREA, AND A MAXIMUM HEIGHT OF 25 FEET AND 0 INCHES (44 FEET AND 0 INCHES N.G.V.D); AN ENTRY GATE HOUSE AND A CONCIERGE STRUCTURE WITH APPROXIMATELY 1,000 SQUARE FEET OF FLOOR AREA; AND APPROXIMATELY 37 PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 4055 SW 37th Avenue APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of E.F.C. Holdings, Inc., a Florida Corporation FI NDI NGS: PLANNING DEPARTMENT: Recommended approval with conditions*. *See supporting documentation. PURPOSE: This will allow the development of the Grove Estates project. WHEREAS, on April 6, 2007, A. Vicky Garcia -Toledo Esquire, as attorney on behalf of the owners E.F.C. Holding, Inc. (referred to as "APPLICANT"), submitted a complete Application for Major Use Special Permit for Grove Estates (referred to as "PROJECT") pursuant to Articles 5, 13 and 17 of Zoning Ordinance No. 11000, for the property located at approximately 4055 SW 37 Avenue, Miami, Florida, as legally described in "Exhibit A", attached and incorporated; and WHEREAS, development of the Project requires the issuance of a Major Use Special Permit pursuant to Article 17 of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended; and WHEREAS, the Large Scale Development Committee met on October 17, 2007 to consider the proposed project and offer its input; and WHEREAS, the Urban Development Review Board met on November 21, 2007, and consider the proposed project and recommended approval; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on January 16, 2008 Item No. 5, following an advertised public hearing, adopted Resolution No. PAB *-* by a vote of --- to --- (*- *), recommending with conditions as presented in the Major Use Special Permit Development City of Miami Page 1 of 9 Printed On: 1/9/2008 File Number: 07-00863mu Order as attached and incorporated; and WHEREAS, the City Commission deems it advisable and in the best interest of the general welfare of the City of Miami to issue a Major Use Special Permit Development Order as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY 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. A Major Use Special Permit Development Order, incorporated within, is approved subject to the conditions specified in the Development Order, per Articles 5,13 and 17 of Zoning Ordinance No. 11000, for the PROJECT to be developed by the applicant, located at approximately 4055 SW 37 Avenue, Miami, Florida, more particularly described on "Exhibit A", attached and incorporated. Section 3. The PROJECT is approved to construct a residential development as part of a Planned Unit Development (PUD) comprised of a maximum of 11 single family residential structures, with up to 201,477 square feet of floor area, a maximum height of 25 feet 0 inches (44 feet 0 inches N.G.V.D.), an entry gate house and a concierge structure with approximately 1,000 square feet of floor area and 37 parking spaces. Section 4. The Major Use Special Permit Application for the Project also encompasses the lower ranking Special Permits as set forth in the Development Order. This Major Use Special Permit shall not encompass the Class II Special Permits required pursuant to Article 15, Section 1511, Article 13, Section 1305.2, and Article 9, Section 908.9 of the City Zoning Ordinance, as it relates only to each single family residential structure, and as such, the owner and/or developer of each single family residential structure to be located within this Planned Unit Development shall apply for a separate Class II Special Permit pursuant to the Sections referenced above, prior to obtaining a building permit. Section 5. The findings of fact set forth below are made with respect to the subject PROJECT: a. The PROJECT is in conformity with the adopted Miami Comprehensive Neighborhood Plan, as amended. b. The PROJECT is in accord with the R-1 (Single -Family Residential) with overlay districts SD- 18 (Minimum Lot Size District FAR) and NCD-3 (Coconut Grove Neighborhood Conservation Overlay District) zoning classification of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended. c. Pursuant to Section 1305.2 of the Zoning Ordinance, the specific site plan aspects of the PROJECT that have been found by the City Commission (based upon facts and reports prepared or submitted by staff or others) to adhere to the following Design Review Criteria subject to the any applicable conditions in the Development Order herein: DESIGN REVIEW CRITERIA APPLICABILITY COMPLIANCE I) Site and Urban Planning: (1) Respond to the physical Yes Yes contextual environment taking into consideration urban form and natural features; (2) Siting should minimize the Yes Yes impact of automobile parking and driveways on the pedestrian environment and adjacent properties; (3) Buildings on corner lots Yes Yes should be oriented to the corner and public street fronts. City of Miami Page 2 of 9 Printed On: 1/9/2008 File Number: 07-00863mu II) Architecture and Landscape Architecture: (1) A project shall be designed Yes *Yes to comply with all applicable landscape ordinances; (2) Respond to the neighborhood Yes Yes context; (3) Create a transition in bulk Yes **N/A and scale; (4) Use architectural styles Yes **N/A and details (such as roof lines and fenestration), colors and materials derivative from surrounding area; (5) Articulate the building facade Yes **N/A vertically and horizontally in intervals that conform to the existing structures in the vicinity. III) Pedestrian Oriented Development: (1) Promote pedestrian Yes **N/A interaction; (2) Design facades that Yes **N/A respond primarily to the human scale; (3) Provide active, not blank Yes **N/A facades. Where blank walls are unavoidable, they should receive design treatment. IV) Streetscape and Open Space: (1) Provide usable open space Yes Yes that allows for convenient and visible pedestrian access from the public sidewalk; (2) Landscaping, including plant Yes *Yes material, trellises, special pavements, screen walls, planters and similar features should be appropriately incorporated to enhance the project. V) Vehicular Access and Parking: (1) Design for pedestrian and Yes **N/A vehicular safety to minimize conflict points; (2) Minimize the number and Yes **N/A width of driveways and curb cuts; (3) Parking adjacent to a street Yes Yes front should be minimized and where possible should be located behind the building; City of Miami Page 3 of 9 Printed On: 1/9/2008 File Number: 07-00863mu (4) Use surface parking areas Yes N/A as district buffer. VI) Screening: (1) Provide landscaping that Yes Yes screen undesirable elements, such as surface parking lots, and that enhances space and architecture; (2) Building sites should locate Yes **N/A service elements like trash dumpster, loading docks, and mechanical equipment away from street front where possible. When elements such as dumpsters, utility meters, mechanical units and service areas cannot be located away from the street front they should be situated and screened from view to street and adjacent properties; (3) Screen parking garage Yes N/A structures with program uses. Where program uses are not feasible soften the garage structure with trellises, landscaping, and/or other suitable design element. VII) Signage and Lighting: (1) Design signage appropriate Yes ** N/A for the scale and character of the project and immediate neighborhood; (2) Provide lighting as a design Yes ** N/A feature to the building facade, on and around landscape areas, special building or site features, and/or signage; (3) Orient outside lighting to Yes ** N/A minimize glare to adjacent properties; (4) Provide visible signage Yes ** N/A identifying building addresses at the entrance(s) as a functional and aesthetic consideration. VIII) Preservation of Natural Features: (1) Preserve existing vegetation Yes *Yes and/or geological features City of Miami Page 4 of 9 Printed On: 1/9/2008 File Number: 07-00863mu whenever possible. IX) Modification of Nonconformities: (1) For modifications of Yes N/A nonconforming structures, no increase in the degree of nonconformity shall be allowed; (2) Modifications that conform Yes N/A to current regulations shall be designed to conform to the scale and context of the nonconforming structure. *Compliance is subject to conditions. ** Not applicable at this time, subject to review and approval. These findings have been made by the City Commission to approve this project with conditions. d. The PROJECT is expected to cost approximately $80,228,255 and to employ approximately 65 workers during construction (FTE-Full Time Employees); The project will also result in the creation of approximately 3 permanent new jobs (FTE) for building operations and will generate approximately $1,045,973 annually in tax revenues to the City (2007 dollars). e. The City Commission further finds that: (1) the PROJECT will have a favorable impact on the economy of the City; (2) the PROJECT will efficiently use public transportation facilities; (3) any potentially adverse effects of the PROJECT will be mitigated through compliance with the conditions of this Major Use Special Permit; (4) the PROJECT will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment; (5) the PROJECT will efficiently use necessary public facilities; (6) the PROJECT will not negatively impact the environment and natural resources of the City; (7) the PROJECT will not adversely affect living conditions in the neighborhood; (8) the PROJECT will not adversely affect public safety; (9) based on the record presented and evidence presented, the public welfare will be served by the PROJECT; and (10) any potentially adverse effects of the PROJECT arising from safety and security, fire protection and life safety, solid waste, heritage conservation, trees, shoreline development, minority participation and employment, and minority contractor/subcontractor participation will be mitigated through compliance with the conditions of this Major Use Special Permit. Section 6. The Major Use Special Permit, as approved and amended, shall be binding upon the APPLICANT and any successors in interest. Section 7. The application for Major Use Special Permit, which was submitted on June 19, 2007, and on file with the Planning Department of the City of Miami, Florida, shall be relied upon generally for administrative interpretations and is incorporated by reference. Section 8. The City Manager is directed to instruct the Planning Director to transmit a copy of this Resolution and attachment to the APPLICANT. Section 9. The Findings of Fact and Conclusions of Law are made with respect to the Project as described in the Development Order for the PROJECT, incorporated within. Section 10. The Major Use Special Permit Development Order for the PROJECT is granted and issued. City of Miami Page 5 of 9 Printed On: 1/9/2008 File Number: 07-00863mu Section 11. In the event that any portion or section of this Resolution or the Development Order is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner affect the remaining portions of this Resolution or Development Order which shall remain in full force and effect. Section 12. The provisions approved for this Major Use Special Permit, as approved, shall commence and become operative thirty (30) days after the adoption of the Resolution. Section 13. This Major Use Special Permit, as approved, shall expire two (2) years from its commencement and operative date. Section 14. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} DEVELOPMENT ORDER Let it be known that pursuant to Articles 5, 13 and 17 of Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended, the Commission of the City of Miami, Florida, has considered in a public hearing, the issuance of a Major Use Special Permit for the for the Grove Estates project (hereinafter referred to as the "PROJECT") to be located at approximately 4055 SW 37th Avenue, Miami, Florida; see legal description on "Exhibit A", attached hereto and made a part hereof; said legal description is subject to any dedications, limitations, restrictions, reservations or easements of record. After due consideration of the recommendations of the Planning Advisory Board and after due consideration of the consistency of this proposed development with the Miami Comprehensive Neighborhood Plan, the City Commission has approved the PROJECT, and subject to the following conditions approves the Major Use Special Permit and hereby issues this Permit: FINDINGS OF FACT PROJECT DESCRIPTION: The proposed PROJECT is a residential development to be located at approximately 4055 S.W. 37 Avenue, Miami, Florida. The PROJECT is located on a gross lot area of approximately 7.38± acres and a net lot area of approximately 7.26± acres of land (more specifically described on "Exhibit A", incorporated herein by reference). The remainder of the PROJECT's Data Sheet is attached and incorporated as "Exhibit B. The proposed Grove Estates project is a residential development as part of a Planned Unit Development (PUD) comprised of a maximum of 11 single family residential structures, with up to 201,477 square feet of floor area, a maximum height of 25 feet 0 inches (44 feet 0 inches N.G.V.D.), an entry gate house and a concierge structure with approximately 1,000 square feet of floor area and 37 parking spaces. Pursuant to Zoning Ordinance 11000, as amended, Supplement 17, the Zoning Ordinance of the City of Miami, Florida, the subject proposal for Grove Estates, at 4055 SW 37 Avenue, Miami, Florida has been submitted and reviewed to allow an application for a Major Use Special Permit, subject to all the applicable criteria; MAJOR USE SPECIAL PERMIT, as per ARTICLE 5, Section 508, Planned unit development generally in R-1 Single -Family Residential Districts, to allow a planned unit development on properties that have been designated as historic sites, archeological zones, and environmental preservation districts; The Major Use Special Permit encompasses the following Special Permits and Requests: CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 927. Temporary structures, occupancies, and uses during construction, criteria for special permits, to allow temporary structures, occupancies, and uses reasonably necessary for construction such as construction fence, covered walkway and if encroaching public property must be approved by other city departments; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 906, Sub -Section 906.9. Temporary special events; special permits; criteria, to allow temporary carnival, festival, fair or similar type event on privately owned or City -owned land such as a ground breaking ceremony; City of Miami Page 6 of 9 Printed On: 1/9/2008 File Number: 07-00863mu CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 916, Sub -Section 916.2.1. Temporary special event parking, to allow parking for temporary special event such as groundbreaking ceremonies; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 918, Sub -Section 918.2. Temporary off-street offsite parking for construction crews, criteria, to allow temporary off-street offsite parking, for construction crews working on a residential project under construction, within R-1 with SD-18 and NCD-3 or more permissive zoning district; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 920, Sub -Section 920.1.2. Limitations on occupancy of mobile homes, to allow parking of mobile homes, trailers or manufactured homes, when authorized for security or other purposes in connection with land development such as construction trailer(s) and other temporary construction offices such as watchman's quarters, leasing and sales centers; CLASS I SPECIAL PERMIT as per ARTICLE 10, Section 10.5.3.1 (2). R-1 Single -Family Residential - Sign Regulations, to allow temporary signs for development; REQUEST, for waiver of CHAPTER 36 NOISE, Section 36-6 Construction Equipment (a) permitting the operation of construction equipment exceeding the sound level of a reading of 0.79 weighted average dBA at any time and/or day subject to the City Manager Exception pursuant to Section 36-6 (c) and all the applicable criteria; REQUEST, for applicable MAJOR USE SPECIAL PERMIT, that the following conditions be required at the time of issuance of Shell Permit instead of at issuance of Foundation Permit; - The requirement to record in the Public Records a Declaration of Covenants and/or Restrictions providing that the ownership, operation and maintenance of all common areas and facilities will be by the property owner and/or a mandatory property owner association; 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. This Major Use Special Permit shall not encompass the Class 11 Special Permits required pursuant to Article 15, Section 1511, Article 13, Section 1305.2, and Article 9, Section 908.9 of the City Zoning Ordinance, as it relates only to each single family residential structure, and as such, the owner and/or developer of each single family residential structure to be located within this Planned Unit Development shall apply for a separate Class 11 Special Permit pursuant to the Sections referenced above, prior to obtaining a building permit. The PROJECT shall be constructed substantially in accordance with plans and design schematics on file prepared by CHISOLM Architects -Planners -Interior Designers dated October 15, 2007; the landscape plan shall be implemented substantially in accordance with plans and design schematics on file prepared by Raymond Jungle, signed and dated October 15, 2007; said design and landscape plans may be permitted to be modified only to the extent necessary to comply with the conditions for approval imposed herein; all modifications shall be subject to the review and approval of the Planning Director prior to the issuance of any building permits; and The PROJECT conforms to the requirements of the R-1 (Single -Family Residential) with overlay districts SD-18 (Minimum Lot Size District FAR) and NCD-3 (Coconut Grove Neighborhood Conservation Overlay District) zoning classification of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended. The proposed comprehensive plan future land use designation on the subject property allows the proposed uses. CONDITIONS THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR SEVERALLY, PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, SHALL COMPLY WITH THE FOLLOWING: 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 City of Miami Page 7 of 9 Printed On: 1/9/2008 File Number: 07-00863mu 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 APPLICANTS 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 responsibility, 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 Contractor/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 mandatory property owner association in perpetuity. 7) Prior to the issuance of any building 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 includes 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 approval 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 developed or provided, the applicant shall provide the Planning Department with all subordinate Class I Special Permit plans and detailed requirements for final review and approval of each one prior to the issuance of any of the subordinate approvals required in order to carry out any of the requested activities and/or improvements listed in this development order or captioned in the plans approved by it. 10) If the project is to be developed in phases, the Applicant shall submit an interim plan, including a landscape plan, which addresses design details for the land occupying future phases of this Project in the event that the future phases are not developed, 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 conditions, prior to the issuance of the building permit: a) The applicant shall incorporate the Historic and Environmental Preservation Board (HEPB) recommendations after the project consideration scheduled on February 5, 2008, if any; b) Each lot shall comply with the neighborhood conservation district requirements; c) The future residential units will require review and approval by the Planning Director as part of a Class II Special Permits; d) A reduction of the overall height in the secondary entry wall shall be within the character of the surrounding Coconut Grove City of Miami Page 8 of 9 Printed On: 1/9/2008 File Number: 07-00863mu neighborhood and the modification must be previously reviewed and approved by the Planning Director; e) The following specimen trees shall be preserved by further adjusting the roadway alignment around trees number 219 and 293. Additional trees that are worth relocating on the existing proposal are trees 321, 325, and 327. 12) ) Pursuant to comments by the City of Miami Public Works Department, the applicant shall meet the following conditions: (a) S.W. 37 Avenue: The existing rock wall shall be preserved to the maximum extent possible. Repair any damaged sections of the bicycle path adjacent to the project site; (b) Bulkhead: reconstruct the bulkhead along Biscayne Bay adjacent to the project site to conform to Miami -Dade County flood control criteria, including elevation. 13) 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. THE CITY SHALL: Establish the operative date of this Permit as being thirty (30) days from the date of its issuance; the issuance date shall constitute the commencement of the thirty (30) day period to appeal from the provisions of the Permit. CONCLUSIONS OF LAW The PROJECT, proposed by the APPLICANT, complies with the Miami Comprehensive Neighborhood Plan, as amended, is consistent with the orderly development and goals of the City of Miami, and complies with local land development regulations and further, pursuant to Section 1703 of the Zoning Ordinance: (1) the PROJECT will have a favorable impact on the economy of the City; and (2) the PROJECT will efficiently use public transportation facilities; and (3) the PROJECT will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment; and (4) the PROJECT will efficiently use necessary public facilities; and (5) the PROJECT will not negatively impact the environment and natural resources of the City; and (6) the PROJECT will not adversely affect public safety; and (7) the public welfare will be served by the PROJECT; and (8) any potentially adverse effects of the PROJECT will be mitigated through conditions of this Major Use Special Permit. The proposed development does not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the City of Miami. APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY Footnotes: {1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten 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. City of Miami Page 9 of 9 Printed On: 1/9/2008 GROVE ESTATES EXHIBIT "A" COMPLETE LEGAL DESCRIPTION Lot "Q" of EWANTON HEIGHTS, according to the plat thereof recorded in Plat Book "B", Page 52 of the Public Records of Miami -Dade County, Florida. The Northeasterly boundary line of said Lot "Q" is the agreed boundary between Lots "P" and "Q" EWANTON HEIGHTS, Miami -Dade County, Florida entered into by Florence B. Nugent and husband James L. Nugent and Malcolm Matheson and Julia Matheson, his wife dated March 30, 1912 recorded in Deed Book 87 at Page 50 of the Public Records of Miami -Dade County, Florida. The Southwesterly boundary line of said Lot "Q" is the agreed boundary between Lots "Q" and "R" EWANTON HEIGHTS as recorded in Plat Book 1 Page 119 of the Public Records of Miami -Dade County, Florida. M I AM 11308 755.1 7001426571 "Exhibit B" GROVE ESTATES SITE DATA MAJOR USE SPECIAL PERMIT LEGAL DESCRIPTION: Lot "Q' of EWANTON HEIGHTS, according to the plot thereof recorded in Plat Book "B", Page 52 of the Public Records of Miami -Dade County, Honda. The Northeasterly boundary line of said Lot 4Q" is the agreed boundary between Lois'?" and "Q" EWANTON HEIGHTS, Miami -Dade -County, Florida entered into by Florence B. Nugent and husband .tames L. Nugent and Malcolm Matheson and Julia Matheson, his wife dated March 30, 1912 recorded in Deed Book 87 at Page 50 of the Public Records of Miami -Dods County, Florida. The Southwesterly boundary line of said Lot "Q' is the agreed boundary between Lots'Q" and "R" EWANTON HEIGHTS as recorded in Plat Book 1 Page 119 of the Public Records of Miami -Dade County, Honda. DESCRIPTION EXIST./ALLOWED PROPOSED ADDRESS: 4055 DOUGLAS ROAD ZONING CLASSIFICATION CITY OF MIAMI R-1, SD.18, NCD-3. PLANNED UNIT DEVELOPMENT (P.U.D.) CONSISTING OF 11 SINGLE FAMILY HOMES AND ENTRANCE FEATURE. LOT AREA SITE GROSS 335, 795.5 SF (7.38 ACRE NET • PARCEL # LOT SIZE 10, 000 SF MIN. (.23 ACRES) 316, 410 SF (7.26 ACRES 1 2 3 4 5 6 7 8 9 10 11 `/ 19,415SF 18, 261 SF 18, 593 SF 20, 630 5F 18,173SF 20, 656 SF 21,203SF 20, 490 SF 19,812 5F 29, 850 SF 26, 024 SF DENSITY 65 UNITS . (9 UPA, NET) 11 UNITS (1.5 UPA, NET) DESCRIPTION AllOWABL-E7IIEA FAR EXIST./ALLOWED PROPOSED SITE .60 201, 477.3 SF MAX. BUILDABLE HOME SIZE N/A .54 186, 486 SF RESIDENTIAL 1,000 SF G.HOUSE/ CONCIERGE 187, 486 SF TOTAL PARCEL # 1 2 3• 4 5 6 8 9 10 11 15, 532 SF 14, 609 SF 14, 874 SF 16, 504 SF 14,538SF 16,525SF 16, 962 SF 16, 392 SF 15, 850 SF 23, 880 SF 20, 819 SF HEIGHT MAXIMUM N/A 25fT* BUILDING FOOTPRINT SITE (GATEHOUSE} PARCEL # 1 2 5 6 10 11 N/ N/A 40% MAX. 40% MAX. 7, 766 SF 7, 304 SF 7, 437 5F 8, 252 Sf 7, 269 SF 8, 262 SF 8, 481 SF 8, 196 SF 7, 925 SF 11, 940 SF 10, 410 SF DESCRI PTION EXIST./AIJL•OWED PARKING (2-PAR DWELLING -MINIMUM) 'PROPOSED MINIMUM 22 GREEN SPACE SITE (COMMON AREAS) 30% MIN. MIN. REQUIREMENT 100, 739 SF PARCEL # 3096 MIN. 1 2 3 10 11 5, 825 SF 5, 478 SF 5, 578 SF 6, 189 5F 5, 452 SF 6, 197 SF 6, 361 SF 6, 147 SF 5, 944 SF 8, 955 SF 7, 807 SF SETBACKS SITE BASE BUILDING LINE (BBL) 35 FT FROM RDCNTRLINE FRONT SETBACK 30 FT FROM BBL INTERIOR SIDE SETBACK 25 FT DISTRIBUTED (1ST FLOOR) INTERIOR SIDE SETBACK (2ND FLOOR) 35 FT DISTRIBUTED 35 FT FROM RD CNTRIJNE 32' FT FROM BBL" 40 FT (20FT NORTH; 20FT SOUTH) 40 FT (20FT NORTH; 20FT SOUTH) WATERFRONT 50 FT 50 FT MAXIMUM HEIGHT FROM FLOOD LEVEL OR AVERAGE SIDEWALK ELEVATION, WHICHEVER IS HIGHER " A PORTION OF THE STRUCTURE ENCROACHES 10' INTO THE FRONT SETBACK, FORA LENGTH OF 27'.1 ", WHICH IS ALLOWED UNDER NCD-3. THE MAIN ENCLOSURE IS SETBACK 32'-0".