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HomeMy WebLinkAboutAnalysis & MapsCITY COMMISSION DOCUMENTATION ANALYSIS FOR SPECIAL APPEARANCE FILE ID: APPLICANT: PROJECT NAME: PROJECT ADDRESS: TRANSECT ZONE: FOLIO NUMBER: COMMISSION DISTRICT: NET OFFICE: Javier E. Fernandez, Esquire, on behalf of Grove Bay Properties, LLC Grove Bay Residences 3581 East Glencoe Street T4-R "General Urban" Transect Zone and T5-R "Urban Center" Transect Zone 01-4114-019-0001 District 2 North/East Coconut Grove SUBJECT: AN APPLICATION FOR A "SPECIAL APPEARANCE," PURSUANT TO MIAMI CITY CHARTER 3mm iii AND MIAMI 21 CODE ARTICLE 3, SECTION 3.11 AND, TO ALLOW A MODIFICATION TO REDUCE: 1) THE REQUIRED 50 FOOT WATER -FRONT SETBACK TO 25 FEET AND TO 25 FEET; AND 2) TO REDUCE THE 25 % SIDE YARD REQUIREMENT IN AGGREGATE FROM 20.92 FEET TO 15 FEET (A 28.3% REDUCTION). BACKGROUND The subject site is located approximately at 3581 E. Glencoe St. and is approximately .83 acres in size. The property is generally bounded by W. Glencoe St. to the north, Biscayne Bay to the south, E. Glencoe St. and S. Bayshore Ct. to the west, and Halissee St. to the east. The site is bifurcated into two zoning designations; the northern portion of the parcel is zoned T4-R/NCD-3 and the southern portion is zoned T5-R/NCD-3. City Commission Special Appearance File Id: Grove Bay Residences (3581 E. Glencoe St.) Page 2 Currently, the site is developed as "Bay Colony Condo" with 18 dwelling units, 12 units of which are located in the northern portion of the site (T4-R/NCD-3 Zone) and six units located within the southern portion of the site (T5-R/NCD-3 Zone). The multi -family residential development on the site, constructed in 1958, is two -stories in height with detached covered and uncovered parking areas, a swimming pool, and a dock. Rezone and Land Use Change History On June 17, 2015, the City's Planning, Zoning and Appeals Board (PZAB) heard the applicant's request to change the land use designation of the northern portion of the site from "Single -Family Residential" to "Low Density Multifamily Residential". The PZAB also heard a companion item to rezone of the northern portion of the site from T3- R/NCD-3 "Sub Urban-Restricted/Neighborhood Conservation District 3" to T4-R/NCD-3 "General Urban-Restricted/Neighborhood Conservation District 3". Following a public hearing, the PZAB adopted Resolution No. PZAB-R-15-040 and PZAB-R-15-041 respectively, by a vote of 9-0, recommending approval of both items. On July 23, 2015, the City Commission heard the applicant's request for the land use and rezone to change to the northern portion of the site from "from "Single -Family Residential" to "Low Density Multifamily Residential" and T3-R/NCD-3 "Sub Urban - Restricted/ Neighborhood Conservation District 3" to T4-R/NCD-3 "General Urban - Restricted/ Neighborhood Conservation District 3", respectively. Following a public hearing, the City Commission adopted Ordinance No. 13548 and Ordinance No. 13549 respectively, by a vote of 3-0, recommending approval of both items. The approval of the zone change also included a restrictive covenant with a site plan that was proffered by the applicant. The restrictive covenant limits development on the northern portion of the site to a maximum of 12 units, limits development on the entire site to 26 dwelling units, limits the uses allowed on the site to residential uses, limits the height of the portion of the site abutting the "Single -Family Residential" land use to 38 feet above the base flood elevation, and establishes larger a Setback than required by Code to the adjacent "Single -Family Residential" site directly to the north. New Development Proposal The proposed project is comprised of approximately 70,400 square feet of new residential dwelling space divided into 26 units. The development is three floors on the north end of the site within the T4-R/NCD-3 Zone and the height increases to five floors on the southern portion of the site which is zoned T5-R/NCD-3. The dwelling units range in size from 2,000 square feet to 3,300 square feet. The development will also include waterfront improvements (Baywalk with public access) that will be accessed from S. Bayshore Ct. As presented, the development site also requires review and approval of other special permits such as Waivers, which shall require separate applications and are not part of this application. The Special Permits being processed under a separate application are as follows: City Commission Special Appearance File Id: Grove Bay Residences (3581 E. Glencoe St.) Page 3 1. Waiver pursuant to Article 4, Table 5 and Section 7.1.2.5(a)10 to allow the substitution of one (1) commercial loading berth for two (2) residential berths (10' x 20' x 12'; and 2. Waiver pursuant to Article 4, and Section 7.2.1.5(a) 28 to allow an 10% reduction in the minimum driveway aisle width from 23 feet to 22 feet. ANALYSIS Special Appearance The Miami City Charter, Section 3(mm)(ii) establishes the minimum waterfront setbacks and side yard Setbacks for the purpose of preserving the City's natural scenic beauty, guaranteeing open spaces, and protecting the waterfront. To that end, the City Charter provides that no building permits for enclosed structures located on Biscayne Bay shall be issued which: 1) are not Setbacks at least 50 feet from the seawall; and 2) do not have average side yards equal in aggregate to a minimum of 25% of the water frontage of each lot based on average lot width. City Charter, Section 3(mm)(iii), provides that the above Setbacks and side -yard requirements may be modified by the City Commission after design and site -plan review and public hearing only if the City Commission determines that the modifications requested provide public benefits such as direct public access, public walkways, plaza dedications, covered parking up to the floodplain level, or comparable benefits which promote a better urban environment and public advantages, or which preserve natural features. Request for Modification The proposal before the Commission is a "Special Appearance" request that involves modification of the required waterfront Setback and Side Setback. Pursuant to Miami 21 Code, Section 3.11 (a)(1) Waterfront Setbacks shall be a minimum of fifty (50) feet measured from the mean high water line provided along any waterfront, except where the depth of the Lot is less than two hundred (200) feet. Additionally, in Section 3.11 (a) (2) the Side Setbacks shall be equal in aggregate to at least twenty-five percent (25%) of the water frontage of each Lot based on average Lot Width, to allow a View Corridor open from the ground to the sky. The request before City Commission, pursuant to City Charter Section 3(mm) (iii) is for the following modifications of the waterfront setback: 1) to reduce the required waterfront Setbacks of 50 feet to 25 feet (a 50% reduction); and 2) to reduce the required waterfront Side Setback of 20.92 feet to 15 feet (a 28.3% reduction). City Commission Special Appearance File Id: Grove Bay Residences (3581 E. Glencoe St.) Page 4 Aerial view of immediate area there is a lack of public baywalks to the east and west of the site The requested reduction in both waterfront and aggregate side Setbacks are consistent with the Modification Standards because they public benefits; such as direct public access, public walkways, provide public access and public walkways which promotes an improved urban environment. As depicted above the neighboring buildings to the west and of the site east do not provide the public with access to Biscayne Bay. The applicant's proposal would provide the only public access to the waterfront in this neighborhood. Typical Baywslk Section BaywalkFloor Plan ...�..>,,.�a Applicants proposed baywalk showing required waterfront guidelines per Miami 21, Appendix B City Commission Special Appearance File Id: Grove Bay Residences (3581 E. Glencoe St.) Page 5 As designed both the residents of the project and neighbors would be able to enjoy the new public access to the baywaik amenities where there currently is none. The design of the project includes public access to the waterfront via the setback along the southern property line connected to South Bayshore Court. The proposed baywaik is 25 feet in width and contains landscape, furniture, a safety zone, and a 15-foot wide circulation zone, similar to what is shown below. Layout of proposed baywalk showing required waterfront guidelines per Miami 21, Appendix B, with transition, circulation and safety zones shown i City Commission Special Appearance File Id: Grove Bay Residences (3581 E. Glencoe St.) Page 6 The proposed development site water frontage length is approximately 83.68 feet. This requires a minimum View Corridor aggregate side Setback between the west and east Side Setbacks of 20.92 feet which is equivalent to 25% of the water frontage length. As designed, the proposed reduction of the View Corridor aggregate side Setback will not result in adverse effects, to the public views to the waterfront. Miami Comprehensive Neighborhood Plan The Miami Comprehensive Neighborhood Plan (MCNP) Coastal Management goal in CM-2.1 is to improve public awareness and use of Miami's Coastal resources by preserving water -dependent and water -related uses, ensuring adequate public access to such uses, and minimizing user conflict. The construction of the new baywalk further promotes these goals as there currently is baywalk within the Glencoe Subdivision. MCNP Policy CM-2.1.6: The City will incorporate provisions for public physical and/or visual access to the shoreline in its waterfront zoning regulations, and Policy CM-2.1. 7: As specified in the City of Miami Charter and related lows, and more specifically the Waterfront Charter Amendment and Ordinance Zoning Ordinance for the City of Miami all new development and redevelopment along the downtown waterfront is required to provide a waterfront setback, and those developments within Special Districts (SD's) that require publicly accessible shoreline walkways, will design them in conformance with the "Baywalk Riverwalk Design Standards." The above policies are promoted by these proposed project and modification requests. The design and materials of the baywalk are consistent with the standards of the Miami 21 Code and guidelines outlined in Waterfront Design Guidelines on Appendix B, with the exception of the modifications herein requested. MCNP Policy PR-3.2.1 promotes that the City continues to work to complete the Baywalk so it encompasses as much of the Biscayne Bay waterfront as possible. In this case, the new baywalk furthers the City's goals to provide complete the Baywalk access to the public and indicated in the Article 3, Section 3.11 Waterfront Standards of Miami Code and the MCNP. Although physical constraints exist that impede a Baywalk connectivity beyond the waterfrontage of this site, the construction of the Baywalk fulfills the City's policy objective of a continued Baywalk expansion along Biscayne Bay promoting an open and public waterfront designation. RECOMMENDED ACTION Staff recommends the approval of Special Appearance to allow modification to reduce the required 50 foot waterfront Setback to 25 feet and to reduce the 25% side yard requirement in aggregate from 20.92 feet to 15 feet. Per City Charter Section 3mm (iii), and Article 3, Section 3.11 of the Miami 21 Code, the City Commission may grant modifications of waterfront standards if the Commission determines that the modification requested provides public benefits such as direct public access, public City Commission Special Appearance File Id: Grove Bay Residences (3581 E. Glencoe St.) Page 7 walkways, plaza dedications, covered parking benefits up to the flood plain level, or comparable benefits which promotes a better urban environment and public advantage, or which preserve natural features. Based on positive findings that the modifications requested provide public benefits such as direct public access and improved urban environment, staff recommends approval of the request subject to the following conditions: 1. The applicant or successor in interest shall comply with all applicable requirements all applicable departments/agencies as part of the City of Miami building permit submittal process. 2. All applicable public improvements on site shall comply with the requirements of Section 2-11.15 of the Code of Miami -Dade County. 3. The Applicant, shall meet the requirements of Chapter 24 of the Code of Miami - Dade County. 4. The final decision letter and conditions of approval shall be incorporated in the building plans as part of the building plan check process. 5. The project shall comply with the Miami 21 Appendix B: Waterfront Standards. That the narrowest point of the circulation zone shall be a minimum of 15-feet in width. 6. The development shall be substantially in accordance with the plans as prepared by Frances, Anillo, Toledo, Ilc. Architecture & Planning, consisting of 30 pages dated September 4, 2015 stamped received by the Planning Department on October 30, 2015. 7. The Applicant shall submit a Landscape Plan, Disposition Plan, and Mitigation Plan pursuant to Article 9 and Appendix D of Miami 21 and Chapter 17 of the City Code in addition to compliance with all requirements for tree removal/relocation and planting by Environmental Resources Department. Said Landscape plan shall be approved by the Director of the Department of Planning and Zoning. 8. The Applicant shall provide the Departments of Planning and Zoning and Public Works a temporary construction parking plan, with an enforcement policy, a construction noise management plan with an enforcement policy and a Maintenance of Traffic Plan (MOT) for approval. 9. if significant changes made to the proposed site plans, the Planning Director shall determine is the Special Appearance modification shall be reheard by the City Commission for modification. EXHIBIT A Office of Zoning Official Referral Write -Up Grove Bay Residences Waterfront Setbacks For 3581 East Glencoe Street GROVE BAY RESIDENCES 3581 E. GLENCOE STREET, MJAMJ, FLORIDA 33133 URBAN CORE TRANSECT ZONE RESTRICTED (T5-R) & GENERAL URBAN ZONE RESTRICTED (T4-R) APPLICATION FOR CITY COMMISSION APPROVAL SUBJECT TO COMPLIAiNCE WITH 1'H1 CITY CHARTER, CITY CODE, MIAML 21 ZONING CODE, AND ALL OTHER APPLICABLE CRITERIA, CONSIDERATIONS, AND REGULATIONS. Pursuant to the Miami City Charter Section 3(mm) (iii) and the Miami 21 Code Article 3, Section 3.11 this proposal for "Grove Bay Residences," a 26-unit condominium, located at 3581 E. Glencoe Street, Miami, Florida 33131, which requires a Special Appearance Application. Proposal seeks a modification to allow a reduction of both the Charter required waterfront and aggregate side -yard (View Corridor) requirements, which is subject to CITY CONEVI SSION APPROVAL. The proposed waterfront development consists of five (5) and four (4) story Residential condominium buildings of 26 total units with average unit sizes in excess of 2,000 square feet. The Residential units are serviced by a total of not less than 42 parking spaces and related residential amenities. REQUEST to the City Commission pursuant to City Charter Section 3(mm) (iii) for a modification to the waterfront setback and waterfront side -yard (view corridor) setback requirements. Waterfront Setback & Side Yard Setback Waterfront Frontage Length 83.68 feet (average width) Required Waterfront Setback 50 feet Proposed Waterfront Setback Required Waterfront Side -Yard Setback Proposed Waterfront Side -Yard Setback 25 feet (50% reduction) 20.92 feet 15 feet (28.3% reduction) All other special permits such as Waivers, Warrants, Exceptions, and Variances, as may be required, shah require separate applications and are not part of this application. Special Permits being processed under a separate application are as follows: 1. Waiver; Pursuant to Article 4, Table 5 and Section 7.1.2.5(a)10 to allow the substitution of one (1) commercial loading berth for two (2) residential berths (10' x 20'). 2. Waiver; Pursuant to Article 4, and Section 7.2.1.5(a) 28 to allow for a 10% reduction in the minimum driveway aisle width. Franc' o Gonz . ez Zoj Plans 'rocessor EXHIBIT B Grove Bay Residences (3581 East Glencoe Street) Plans prepared by Frances, Anillo, Toledo, LLC. Architecture & Planning, consisting of 30 pages dated September 4, 2015 Stamped received by the Hearing Boards on October 30, 2015 rEP,OVE FEAJ. PES[DEL.1111FIE SHIM PROJECTS LEPENk BB.) pity of Word Atlas rM) wed Calculated (D) Platted Dimas ran FInIshed naafi Elevation SYN. LElEJOflannels Serer Overhear/ utility line tn SKETCH OF BOUNDARY SURVEY '+5xcrq ocr hr"tte5q�l/tlg 8) 7 Lx' / \\7 \7 �'BII \// / spo i / SURVEYOR'S NOTES: ...new as shown an based on Me USSuncey foot. Elevations are referred Po Me Nor. Arne. aeaVertical Clo m: eB, DBPk %phan. ea.at �:a'^^� rest mB tmtn,�nmam.alawatha Avenue, a.s.abn3.80feet (NOVO8e, a t h. ca+nry voed the o.M!TM:ftal y pMnroon Me rmeneonrand Map forrTiss�oiioorvoo,s1ta. affecting the subject property not disclosed hereon the!: ttiorreport on: Iry reraFIE �preizelz Pmpery rtl �a bo tu�M anme Miorn wee ocun moon NspnrT. i,s N'. ctahtsolscco,,run,. Whi GOWN(Srewrr B alto HOSPITAL, he aMaNhnr Numaipai Ats¢lOuq)�sneer ae E , rt. ecor▪ ded iq taemPlet B a pook 74 at DE rig4 c FLORIDA BULKHce EAD LINE, PART • chapel5Y115crp)Rohm A,',%,:1nNCa raE handssubmerpec hyamr au^tl P.0. , etlmgemn tleiry me �Apparem snore un�e'eia¢`ssnoerr�rereoa Upland Linine ea state eh hot Plat of as a note that Bayfron Improved under recorded undr Po ement Req. fto, t at Page ' imRalmon Bro:Ztpormrt Augus.,1021^, The Surveyor n be— The subject property tee mthrn two sae areas. That poi. of the subject prelying the Waterway Of Biscayne Bath hoe sathin a Speclal Rood Hazardp. OF, as defined by tha Feet. Insurance n�. e of Wand5"creo126..eafingan that porton of the herein deserted fie fMl�baeetlnerecay onut'Ire ro Cry or Mleml Pubic Wort Bzpammm eC. of Mae a�npoe.�euo brespoon cl� any DeperomntM ggmz6Mgremreplusanefieu meazremen¢' ed Street, bears momare based 3 n an assu6. med mmron, where me Center trued East Glencoe auaeMretlana minauncstri yawazmm"meprosaM'a'�n'meemrm. 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Administrative Code, uneir Sections 5,17.051 an J-, 57052 and is BOUNDARY BURY, as refiner In She 1 OF 1 J N. 57833 LS-3075 Context Plan NO„OSC UIU w¢ W w 0 E CC Z } J m AN;SNI, LICENSE AA SPASITIS job ro. Cate. OSllC-2IH5 sosle. As Shown Crew by. FAT sheet no. A -A View Facing West CITY OF MIAMI HEARING BOARDS FLA REVIEW Hearing Boards% By /0- c ARCH. LICENSE AROMAS job no. date. .04-2015 Feats. As Shown drawn by. FAT A-B View Facing South View Facing North View Facing East View Facing West pb no. date. 0.04-2015 scale. As Shown drawn py FAT sheet no. A-C MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES AS ADOPTED -MAY 2011 ILLUSTRATION 5.5 URBAN CENTER TRANSECT ZONES (TS) BUILDING DISPOSITION BULGING PLACEMENT LOT OCCUPATIOP b Laub Lattoveraue d.Floor LoOtehoTIRI a. FinatiaaM1u+srrou qan Space PamPamas MILLING GELB,. eepanclaryFront OA mil a Meng Side or Rear Map Skle or barn ofclap,m1•1°0m•M12•91on Damn above VS. BUILDING CONRGURATION 4. Id Set be b° PARKING PLACEMENT 0 Porch 6 Fence Pnewhied o Tames,. 4 Forecourt Parrndatl Parcae rtsl 81,0onm °amwa by Spatial ma Pb° Barlillri HEIGHT Roos Max Haight Slone BUILDING HEIGHT aapZegmwnlxe.P V.21 Location Map Not to Scale EXISTING TW STORY BUILDING/ FINISH FLOOR ELEV. d+0.45' Existing Site Plan Scale: 1 r'= 20'-0r' EXISTINSIWO STORY BUILDING FINISH FLOOR ELEV. = +7.2' co ZW w N 0 W Z Q 02 W o m cc cc 2 jab no. on-04201S SFOWn clraWn by. FAt T5-R (parcel 1) irnaccUPADON RED/MOWED PF.0020 FL Lakesaom.r.Mam,Dls.f.mac 19j4888dr.(U.623earw) b. Iawan 501. Me. mew. (16.122.10.f.) 1,D00el. (NSA ree 0. Poor Lot RIM (FM) WA S.F. e. ProM. atMaMS.derx 7. min. f. Open Spam ...ranee. Green Space Aree nen. (1,apaa8e6) surea Mn. (NTµ.M.1 2DI9as.rc. 0.0e0ay ENdaare a.. (29Iv.) 19me. BUILDING SETBACK Fmn(Dway.e Bev) a Secoday Front Mauer NN1snore Cb 10ft rein.10 IL c. 9de(aduer9T6H1 OR We. 10R. d kW(mumno CI) ORmin. Eft P 2ete.. wise setbacks M. (we sbubeae on stem A211 �'ce ette. 16n. e. or Beer freBRMn. WA I NeutliPBide or Rear13 1006 of M dep. ab. 131ead®f NANry 26 9.inn. above End BWry WA WADING CONROUIGA1ION FRONTAGE Common Lawn peaNtal. WA lovelbd WA c Terrace or PMidbd WA d. Forecast PBnd6NN WA e.Sbdp ANINANNd WA f.S lvpfroNA P9ndead p.ONNry pmmneddy3dIMPF, pen WA R AANde permued try apedmueeMen WA BUIUDING HOG. FL Md Height 2Sbdac .MN Heym 6Sbnm seals e. ft.. Ben.Hdpm 1Sda AdANINNi WA T4-R (parcel 2) LOT DN REQUIREDiALLOWED PNCY. a Lot Ares.. min 2aapp.f. mpr,16.426.22 ed. (0N5acaa e. � Cond. 0006 mac. (9.9..73a.f.) (a229.2ee1) Bao(RN) NM WA ..OFrmompeetfrs.m.de 8. f. Nacea mma ranm aN SPava (2,18.aaa.r) 1D%Lot Awe min (1,NNN.6231.) 2s6Bp.e. 2DI0pp.n. 0.NNNIY BS UM. dee. (,2Ifs) 0UNr1s BUILDING ... a. prINNEM Fmn(Emalerme M.) 1011. oh. 10 It 10. Secondary Front (SoMBtNtare St) 1011. dn. 1011 c. SIdeedum- TB Oft a SR.m . Wetting emWea au ft Side abuttlep Cr Oft or .mere e d.iNr 2YRmhn. WA OUTBUILDING SETBACK N/A WA BUILDING CONFIGURATION FRONTAGE e Common Le. Padded m . Po. 8Fame premed NIA d Terre. or LC. drew. wA WA a. Q. perdttetl N/A I. St.!. Wet. (Ta L andTa o any) Geary ProNtItal WA t. Arcade Panted N/A BUILDING Hr . NeIDre m .lint d MoeHapy eO MO mew. PARKING SPACES CNA8end) a is parkins ape. Wevelyl.d n2w.) vwaa�1 peW'ms.� Pbrered loads (D.OI.) Ofralrem Penile us w,.) (T5n18 acb) an (22pre.) V666. 1 PNNl epees eeeveryto aid (I.NAIt) (23M) (INdudq .B IBM TOTAL (12 Ws) PR A%) (Wee.2 mod. PAN. end B Me) BICYCIERACI(3PACE3 Wader. era Dormer. Used 1 apace bravery 20 padded mew rersered (S deems) MKKneel uses 1(12NNA,61apa. for Ins .IW dwelling tn. 2(lorme,214oem Sy Waver LOADINGZONEG Proposed Site Plan Scale: 1e-20'-0ra BISCAYNE BAY PRIMARY PROM AGE ARCH. LICENSE AR 00050M AA 26001716 pb no. deb. rg04.15 Arab. As Shown drawn by. FAT sheet no. A-1.1 COVERED 12 thecae KING °BOP OFF Conceptual Ground Floor Plan Scale: 1 "= 20'-0" COVF.212 PARKING WATERFRONT SIDE SETBACK CALCULATIONS. AVERAGE LOT WIQTH = 96.31' + 71.08' /2 = 83.00' 83.69' X 25%= 20.92' AGGREGATE. SIDE SETBACKS REQUIRED. 15.00' AGGREGATE SIDESETBACKS PROVIDED. LIST OF WAIVERS AS PEP cm OF MIAMI ZONING CODETAIAMI21' 1 r % thraldomofErermavwl.tb(tmm 22 teat10 22reep. _ (As per Section 7.t 5a28) .. 2 Substituting a Crummierreeding berth(12'N55)tor the restl nG (Waiver pursuant to Section 7.1.2.5 e, 10 end Article 4, table 5) 0 1a' - FOR BAY -WALK DIMENSIONS AND INFORMATION NOT SHOWN SEE SHEET A.4.2 BISCAVNE BAY HEARMIS BOARDS PLANS REVIEW Beet 2 eoame - Menu By PI a:{fir ,r -1ol$ porrura above does not :rnp,,, approval LICENSE date.094.2015 scale. As Sown drawn by. FAT sheet no. A-2.1 Conceptual First Floor Plan 10,800 s.f. net Seale: 1"= 20'.0 al E6.9 o o e I� UCENSE PA 26001715 jab no. data. 0904-2015 As Sham drawn by. FAT sheet no. A-2.2 Conceptual Typical Floor Plan 3wB: ro D.• FLOORS 2ND & 38D 18,800 s.f. net per floor Apartment Unit Breakdown TYPE FLOOR 9B (2,000 57.) 3B (2,5005.f.) 4B (2,7505.1.) 4B (3,3005.f.) TOTAL FIRST 1 0 2 1 4 2ND&3RD 0 1� j 2 4------8 1,� -2 7 1 4TH 85TH 2 0 0 8 0 4 e TOTAL UNITS 3 2 18 3 26 TOTAL RENTABLE (6,000 s.f.) (5,000st) (.f.49,5005 ) (9,900 S.fJ (70,4003.f.) EAR PLA Hearing Boards Pu00c mA Zan 8 Ja' o,2ag la-u1-15 eaw may an cip U� Z w 5) W O 8 CC W m ct g ARCH. UCENSE a emmns 1 data osoa-rots amt. 55 Shown Brawn by. FAT Conceptual Typical Floor Plan Scale: ,••-z0.0- FLOORS 4TH & 5TH 11,000 s.E. net per floor co Ut z w mN Wo w m w Q m 2 O m Ps C7 ARCH. UDEN. PP WOWS 28001715 jab no. date. 04-Y0,5 saes. AS Shawn drawn by. FAT sheet no. A-2.4 Conceptual Roof Plan LU cc 0 ARCH. UCENSE PR CO05898 AA 20001715 109 no. 09-04-2015 soele. As Shown drawn 914 FAT sheet no. A-2.5 Conceptual North Elevation Scale: 1/6"= 1'-0" � Ag,x RocN — • IN M I\ • • I\ • II I.,., Conceptual South Elevation Scale: 1/6"= 1'-0" CITY OF MIAMI HEARING BOARDS PLANS REVIEW by 30.2015 re Elbe,. arras awl A%li LICENSE An 2808716 lob no. dada. asaa-Sau AS mown awn by FAT steno. A-3.1 Conceptual West Elevation Scale: 1/6'= 1'-0" Conceptual East Elevation Scale: 1/6"=1'-0' CITY OF MIAMI HEARING BOARDS PLA S REVIEW Nearing eoerds MN O Pupae works nl ST namre move does notWON approve, co U� Zw W kn 0 O LT, cc C7 m E LU O w CC 2 osoa--pls scale. As Shawn drawn NE FAT sheet no. A-3.2 EXISTING ADJACENT MULTIFAMILY BUILDING NOT A PART OF THIS PROJECT NOTE: PORTION OF THIS SITE IS SITUATED WITHIN ZONE'YE° BASE FLOOD ELEVATION 16 FEET, THE BALANCE LIES WITHIN ZONE "AE°, BASE FLOOD ELEVATION 16 FEET. Schematic Section Scale: 1,16"=I•-0• T3-R T4-R T4-R T5-R EXISTING ADJACENT RESIDENCES NOT A PART OF THIS PROJECT AMENITY DECK LOBBY COMMON AREAS Schematic Section Scale: 1ME, 1'-0•' T5-R UNITS,;,° .F NET TOT GROSS SUN SONOO.:NET TOT., UN 43CSO F N STTOTNI, UNrts(iBmo .rN TTOTPIT a UNITS *igeoosF. NET oru, AMENITY DECK CI r,.LINE • � m saro,rnm FOR SAY -WALK DIMENSIONS AND INFORMATION NOT SHOWN SEE SHEETA-0.2 CITY OF MIAMI HEARSYT BOARDS FLANS REVIEW a mwora -J to Zoning lmAH GPI 2 Ir= MOH. LICENSE 0,10005843 20001,6 00042016 scab. As Shown drawn loy. FAT sheet no. A-4.1 3'-Y MIN. TRAJSITION PASSIVE ZONE ZONE 25'-0' WATERFRONT SETBACK 15'-0' CIRCULATION SAEE1Y ZONE ZONE --- PROPERTY LINE BISCAYNE BAY Typical Bay -walk Section A -A Seale: ler= IA.' TRANSITION WATERFRONT SETBACK 15,0' CIRCULATION ZONE Typical Bay -walk Section B-B PROPERTY LINE BISCAYNE BAY Bay -walk Floor Plan Seale. 9/16,1'-0" CITY OF MIAMI HEARING BOARDS PLANS j REVIEW j'(yjl�A Hearing Boards G watts Publi .0-NT 5 ,e above does not b"n,al In Uw Z Leda O Q W 0 E CC 6 CC J 7 m W 1 O© ct pt no. Este. 0 2015 saele. As Shown drawn 4, FAT shed no. A-4.2 Typical Bay -walk Section �. , •., 8'-0' MRX. 3'0' TRANSITION c'ASSIVE CIRCULATION SAFETY Typical Bay -walk Section SHIM PROJECTS Bay -walk Floor Plan A-4.1 PAVER STONE PATH 15'-0" WIDE PORPHYRY STONE: GREY SMOLLERI DIRECTION AS SHOWN `photo for pattern and shape, not for color CITY OF MIAMI HEARING BOARDS PLANS REVIEW .� By aPKOVal Typical Bay -walk Section : , =,•a Bay -walk Floor Plan Typical Bay -walk Section SHIM PROJECTS SAFETY ZONE 3'-0" WIDE WHITE PEBBLES, FLAT CITY OF MIAMI HEARING BOARDS PLANS REVIEW ����J������� H a me 1 ALLIG m .oem /oe Zan aiNtWal Typical Bay -walk Section Be,a ,,.,•o Bay -walk Floor Plan Typical Bay -walk Section SHIM PROJECTS COVERED TERRACE SLABS/PLANKS OF SILVER GREY QUARTZITE 10"X40" PLANKS/ 6"X40" PLANKS, ALTERNATING ROWS DIRECTION AS SHOWN CITY OF MIAMI HEARING BOARDS PLANS REVIEW Head,' Boards . Zonfoo By Typical Bay -walk Section s : ,+.-=+•a Bay -walk Floor Plan Typical Bay -walk Section .0.. SHIM PROJECTS A-4.1 RETAINING PLANTER WALL 36" HT - RANDOM ZIG ZAG PATTERN WHITE STACKED PEBBLE WALL W. PLANTS DRAPING OVER THE SIDES BEACH CREEPER (N) CITY OF MIAMI HEARIN2 NOARDS PLANS REVDEW ..a„f 5 cone • - op' �`'�'nr1rl1WIT. ,m,n aa Typical Bay -walk Section s ..: ,,.•., o Bay -walk Floor Plan Typical Bay -walk Section ,,.:,,<., .�. SHIM PROJECTS CITY OE MIAMI HEARING BOARDS PLANS REVIEWHnaIIngI I�II� Pubim,mMsp�J pm¢ Sy Zoning PI sbn5a�re m PALM TREES A- Paurotis Palm (N) B- Curved Sabal (N) D- Silver Buttonwood (N) Typical Bay -walk Section Typical Bay -walk Section mob: SHIM PROJECTS FILLER PLANTS UNDER AND AROUND PAUROTISAND SABAL PALMS (MIXED IN BEHIND BEACH CREEPER) clusters of 3-5 each plant type Spineless Agave Coontie (N) Saw Palmetto (N) CRY OF MIAMI HEARTHS BOARDS PLAIN REVIEW:�I • Boa. P ublic wom.� Typical Bay -walk Section �.:,,F,•s 8'-0° max. TRANSITION iCASSIVE" ZONE ZONE ZONE Typical Bay -walk Section SHIM PROJECTS Bay -walk Floor Plan s.,.,,,-,.o BISCAVNE BA A-4.1 C- Green Malayan Coconut Palm 10' wood Dwarf Fakahatchee (N) UNDER AND AROUND COCONUT PALMS CITY OF MIAMI HEARING BOARDS PLANS REVIEW Hewing - PPIAwa� ove m Ls sy ,._ P Typical Bay -walk Section Bay -walk Floor Plan Typical Bay -walk Section s.,..,, SHIM PROJECTS UP LIGHTS LANDSCAPE UP LIGHTS INTO EACH COCONUT PALM BENCHES IPE BENCH FOLLOWING ANGLE OF WALL CITY OF MIAMI REARM BOARDS PLANS RGVIEW LIGHT BOLLARDS AS REQUIRED LED bollard with fully shielded light source SHIM PROJECTS LIGHT POSTS AS REQUIRED LED Pole top luminaires with die-cast aluminum construction. Safety glass with optical texture and anodized aluminum reflector. G C 1 I 8 CITY OF MIAMI HEARING BOARDS FLANS REVIEW VOS) sy a � oN aacrwd -19 TRASH / RECYCLING RECEPTABLES AS REQUIRED SHIM PROJECTS * MATTE BLACK - 1RB CITY OF MIAMI HEARING BOARDS FLAGS REVIEW By WATERFRONT WALKWAY CITY OF MIAMI HEARING BOARDS PLANS REVIEW Heaths anan.—e—w— Scans wa Son 0 •'Lo i_ S Rendering by VIRTUAL Graphics and Animation Studio ARCH. LICENSE. AR WOW. AA 2f1001,5 lob no. ate d 0SO4-2015 As Shown drawn by. FAT sheet no. R-1 Rendering by VIRTUAL Graphics and Animation Studio WATERFRONT WALKWAY CITY OF MIAMI HEAR/ND BOARDS PLANS REVIEW Hearing oa( Boards 6 inrodl ARCH. LICENSE AA 20031715 Too no. date. 0404-2015 scale. As Shown drawn by. FAT sheet no. R-2 T T4-R T3-R1)I1r4) T443 �1)I'3)I'4) T4-R (tk A I b, T4RAO P21 Q17/1-04\T419 TAR u 9C I'1)C3)C4) OS T4-R TAR (*5)('6)(*7)(3beda) TAR rR 9 plant table me.nole �rovP Em..emgeese.a...a+ m Izre.em.wlmu.ge m.wwCwt. r.mtemu.4 denote... mooting rm. tree Urn r4rmmMines ®wwdotal m."m m4uo.m.n BEISM SEISM SEISM Moos TSR CI key: vv m Eon M 25 uou 00 f11 mares ca35py wee meedlm geeeml es m.remems 1ldenoteepalm veesmeemgshot. oulremenls (1)denotes Vern me4ng native Pee requirements rdiodes tees menlrydmmhllaeanl requirements fv4rn) mmlea subs nleeVU general slob requbements (11 moles s5ubs meeaq into¢ shmb requlremmis t'7)dedes SMde medIng dmupht.renrlmuireme s T5-R Conceptual Ground Floor Planting Plan 7 Scale: 'I". 20'-0" plant list Tree: TAR — TSR — key — Scientific Common 3 — 0 — m — Cord'asebe;Mna(14)-Orange Geiger (r1)(3)(4) 12-14' ht. x 45'spr. NII head 6' at. T d.b.h. 10 — 10 — m — Conoempuser.'4dceue'-SPo Buttonwood? (1)15)(4) 17 M. x4-5'spn. NII head 50.t.2 db.h. multi -bunk 2 — 0 — q✓ — Quorum vhginana•Live Oak (N) (*1)(3)('4) 12.14' ht spr. lull head 0 c.e. 5 — 1 — wb — Wodyetla5Hurcata-Fo2Ml Palm (.2) 12 ger.-20'o.a. mahhed — Shrubsad Gwndmvers: 125 — 100 — du — Clusiagutlilera • Small Leaf Clusia (N) 3 ga1.20.22. M. x14-16'apr. fd124' o.c. 54 — 0 — dui — Duda guttifera - Small Leaf ClusM(N) 3ga1.2022" ht x 14-16'sm. NII 16'a.c. 956 — 0 — fgi — Fax Greenlslad-Same 3 gal. 24-164t. x spa. Ng 16'o.c. 0 — 10 — lea — Leea mminee rude -Red Lees 7 gal42d6' ht. x 3036"9pr. full dump 29. — 0 — mon — Monslera Selciosa- Cadman 3 gal. 2024' hl. x spr. full dump 30' c.c. 208 — 0 — muh — Muh5bergiarapi0ads-MuhlyGrass 3ga1. 16-16" ht.xspr. full dump 16' o.c. 0 — 58 — pre — Philodendron Wog Congo' - Same 3 gal. 20.22' ht x spr. NY clump24' oa. — M00dlanmus: 75 — 3.5 — Ora — Decorative Gravel 2"depth to be selected ova weed barrier TS-R *STEP) TSR '1)I'31C4) i C5)("6)(1) C51111('7) (5) FOR BAY -WALK DIMENSIONS AND INFORMATION NOT SHOWN SEE SHEET A-4.2 i BISCAYNE BAY CITY OF MIAMI HEARING BOARDS PLANS REVIEW Heal. Boa. Pudic waft By si awe .oye does PY.PP t6 0.04-2015 SOWN A SMnn drawn by. FAT sheet SP. L-1 plant specifications 1. Landscape Contractor shall he familiar w/ all work required nor0 byy eesedrawines T isdshblWalldes all grading Mans raised decks. Note sheets are part of the Architectural drawings anters on sfor this project. If these sheets ere not Included contactthe General Contractor. 2. All plant material fumished by the Landscape Contractor unless otherwise specified In Grades and Standards for Nursery Plants, second edition: February 1998, by the Florida Department pe Plant I01091 culture end Consumer Services Division o Industry, shall be Florida Grade Al or better. 3. All shrubs and 0100300over5 shall be guaranteed for 1 year from date of final acceptance. All trees end palms shall be guaranteed ter 1 year from date of final aoceprence. sod shall be guaranteed for 90 days from final acceptance. 4. Planting soil shall be weed free and condst of 60%dean silica send, 30%eveglades muck and 10%Canadian peat All plants, induding those on the ground level, shall be0sfalled with planting sou as indicated on details. 5. Landscape Contractor shall be responsible for placement pi planting soil in planters on raised decks. Soil level es indicated on lans and details shall be after settlement. 6. Landsc,p,pep tmctorshall takeal151eps requlretllomake all planting betls weed end grass free p4crto planting. 7. Ladscape COntrad0r shall locate and verity a0 underground utilities p1or1O digging. 8. All trees shall be staked and/or guyed in a good workmanlike manner as per attached details. No nail slaking permltled. 9. Any wireguys anaorlabd0000psshall ballegged w/ i0urescent colored tape as shown in d0Wls. 10. All frees shall be fertilized at installation w/"Agrltorm Pills", 21 gram size, w/ a 20-10-5 formulation., (or approved equal) according to manufacturers recommendations. 11. Allother plants shall be fertilized at Installation w/ "Osmacote" time release pellets (or approved equal) according to manufacturers recommendations. 12. All trees in sod areas to have a 30. ring covered w/a2" layer of shredded mulch. Cover all shrub beds w/ a 2. layer of shredded mulch (other than cypress). 13. Sod shall be SO Augustine 'Flor-Tam' (unless 0herwise noted) lad w/ 0001sating abutting joints. Sod shall be kith edge ofcurb or right of way. Sod in all areas nth covered w/ plant material, paving , gravel or mulch. Sod to be laid level and w/tight joints. Edges to be clean and smoothly cot to follow outline shown, Landscape Contactor responsible for reke.off and 100%coverage of areas. 14. Wherequandtes antl/orspeciesdifferbetweenthe planting plans and plant lists, the plans shell lice precedence. 15. Landscape Contractor is responsble for doing a takeoff of the attached plans. Plant lin provided is for guidance only. Landscape Contractor, in submitting a proposal based on these plans, Is responsible for all materials as noted on plans. 16. Discrepancies shall be brought to the attention of the Landscape Architect 17. Nochangesshallbe made without the prior consent of the Landscape Archltect 15. All planting beds shall betreated w1apre'emergem herb0ide as approved by the Landscape A 059095. 19. Landscape Contractor is responsible for coordinating with We General Contractor or Owner any and all conditions which may affect the scope of work. 20. Landscape contactor shall include In bid all maledak and labor as required to complete the jab as Indcated on the plans and as directed by the General Comrador. Bid shall include, but not be limited to, plant materials, panting soil end placement filter fabric, drainage mat, protection board, mulch, crane and other equip„ etc.. 21. All plant material shall meet or exceed specifications listed. 22. All planted beds shall redeye 100%coverage by a fully automatic irrigation system as Perplens. 23. Landscape Contractor shall be responsible for prodding temporary watering pmvis1ons until such time as the iolgation system is operational. 24. Allareas labeled, I05/gravel to receive a 2' layer M material over a weetl bartier material. 25. Plant beds on the rod level are for the use of residents to grow vegetables end cut Powers. Beds are to be hand watered as required based on the requirements of the Individual plant species. 26. Lantlscapa Coniractartoindude in bitl Marling aril for loci ibor planters. Refer b AmAtitectural plans far all derails. 27Pforroosedthe remooval of trees lantings oniwhlch existed on -site his site include/roes pdprired to mitigate development Landscape Contractor Is responsible for meeting the specifications listed for proposed trees. Specifications listed conform to spedlic permit requirements approved as part of the tee removal permit issued by Me applbable governing agency. plant details palm/large tree planting detail small tree planting detail wrap 5layers of burlap around trunk under deers 3 -0 wood cleats, metal101banded as supped for braces do not nail to tree 3- 215b wood braces 120 deg. apart 2' mulch saucer finish grade 2'04' wood cleats buried 3' below grade for unstable soil conditions remove burlap tom top of root bell prepared erring soil per specs. compact Nlly des not cut central leader n turalshepeofplent palm all cuts war 12" w/tree paint trees of same spades to be matched in growl1Wharacrer unless otherwise noted turnbuckle wl2 double strand twined wire guys spaced equally @ 45 deg. aanle to e ply grade p y rubber hose on wire at ell paints of tree cost tie w/ min. 2 bright orange safety flags per wire shrub planting detail 2' mulch finish grade minimum 2'k 2,, stake position to securely stabilize tree remove burlap from top of root ball prepared planting s011, c0mpadblty plant material shall only be pruned after Installation for uniformitY 2' mulch prepared planting soil, compact fully distance forvaries according to species allow nofoverhang growth so plants paving, lawn, etc distance between plants to allow oh2125mlterlenng m04010w00,00 of adjacent species elm mature growth shrds and groundcovere ex e plantotl using rowsof plants except ien'narrow 10or bothers, hedgers, e(( shrub planting detail plan notes 1. S9Mlrees9Ni to he addressed b/ payment into Pe Tree Trust Fad es alba24 for by Code 2. Existing bees mehe to be m0galto for es trot. M by Cade byparent loin to itoa TA Foul or rim agreeee90Ph the Oily of Mad Pak Department S. Puy existing bees ab'ab eta. retained erratAed on site will reduce the 05410 dowers. tees essmlrythey met, the aplIcabpmtlecrmada. landscape maintanance Trees to be mainlined by the Condo Assaclation viafemlizin9. waterlog, trimming, etc as required to maintain healthy vigorous trees to all applicable City standards. key: flldmw0am0yy0ew meepggeneralaerequlremenh (sl derbies prim 0eU meetng Meet fee requirements M demks 0eee meetlg nerve tee requirements OP denotes tress meeting drought lderamrequirement (t)treats Mlle meeting petrel shrub requirements fAmks shuts nat. strut, rrnogonls denotes shrubs me d'w M1 squimnmts Plant Specifications/Details/List & Tabular Data Transact Zone TO-R landscape legend Net Lot Area 15.466.22 acres OPEN SPACE A. Square Feet of open space required , as Indicated on site Men: Net Lot Area- 15,466.22 sf.x 15%= 2,319.93 O. B. Square Feet of padinp Ito open space required by Article 9, as Indicated on Ste plan: No. parking spaces 0 x 10 s.i. per parking space = C. Total s.f. of landscaped open space required A+B- LAWN AREA CALCULATION A. Square Feet of landscaped open space required by MIam121 B. Maximum lawn area (sod) permitted - % x 2 319.93 et - TREES A. No. trees required per net lot acre, less indWn0 number of trees meeting minimum tree requirements= 28 trees .355 net lot acres Q number of existing trees. B. % Palms allowed Number of trees required x 30% C. %Nallves Requlred: Number of trees required x 30% D. %Drought tolerant and low maintenance: Number of trees required x 50% REQUIRED PROVIDED 2319. 2500 0 2,319.93 2,500 1993 2,500 10 E. Street Trees (maximum average spacing of 30' 166 linear feet along street /25'for palms 7 F. Street Trees located directly beneath power lines (maximum average spacing of 25'o.c.): Na linear feet along streeV35- ma SHRUBS A. Number of shrubs required: Number of trees required x 10= B.%Native shrubs required: No. shrubs provided x 30%= C. %Draught Meram and IOw maintenance required Numberofshmbs proNdedx50% 100 50 10 031 10 1'a1 4" i21 eta 1T9 ('51 179 (lb 179 ("1) 3 s.f. PROVIDED 2,000 Transact Zone T6-R Net Lot Area 19748.88 acres .453 OPEN SPACE REQUIRED A. Square Feet of open space required, as indicated on site plan: 1 947.88 Net Lot Area 19,748.88 s.f. x 10 %- 1,047.88 s,t, B. Square Feet of parking lot open space required by Article 9, 0 as indicated on site plan: No. parking spaces 0 x 10 s.i. per parking space - C. Total st of landscaped open space required: A+B= 1 947.88 2000 LAWN AREA CALCULATION A. Square Feet of landscaped open space required by Miami 21 B. Maximum lawn area (sod) permitted - % x i 947518 et. - 980 88 TREES A. No. tees required per net lot acre, less existing number M trees meeting minimum tree requir ents- 22 Wesx.4533 net lot acres •0 numberof existing gees- 10 B. %Palms allowed: Number of trees required x 30% C. %Natives Required: Number of trees required x 30% D. %Drought Glerart end low maintenance: Number of trees required x 50% E. Street Trees (maximum average spacing of 30' o.c): 52 linear feet along street/ 25' for palms F. Street Trees located directly beneath power lines (maximum average spacing of 25'o.c.1: Na linear let along simsi25= SHRUBS A. Number of shrubs required: Number of trees required x 10= B.%Native shrubs required: No. shrubs provided x 30% C. % Dmumtoeoaim rshmopwmaintdexce% required: CITY OF MIAMI HEARING BOARDS PLANS REVIEW x ne.mas • Pat ittr n/a 105 30 2,000 10 ('11 10 (.31 0 r41 2 (2) Na 110 ('51 100 ('6) 100 Cn i LICENSE AA 28001215 jot no. ride. 69042015 scale. As Shown drawn by. FAT sheet no. L-2 8 ti EXHIBIT C Restrictive Covenant for property known as 3581 East Glencoe Street related to a zone change approved via PZAB-R-15-041 and Ordinance No. 13549 and for File ID 15-00084zc This instrument was prepared and after recording return to: Name: Javier E. Fernandez, Esq. Address: Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. 150 W. Elagler Street, 22nd Floor Miami, FL 33130 (Space reserved for Clerk) DECLARATION OF RESTRICTIVE COVENANTS This Declaration of Restrictive Covenants (the "Declaration") is made this day of , 2015, by BAY COLONY LEASEHOLD, LLC (hereinafter, the "Owner"), a Florida limited liability company, its successors and/or assigns, in favor of the CITY OF MIAMI, FLORIDA, a municipality located within the State of Florida (hereinafter, the "City"). RECITALS WHEREAS, the Applicant is the contract purchaser of that certain parcel(s) of land commonly referred to as 3581 E. Glencoe Street in Miami, FL, as more particularly described in Exhibit "A" attached hereto (the "Property"); and WHEREAS, in January of 2015, the Applicant filed applications requesting: (i) an amendment to the Comprehensive Plan re -designating the Property from "Single Family Residential' and "Medium Density Multifamily Residential" to "Low Density Multifamily Residential" and "Medium Density Multifamily Residential" on the City's Future Land Use Map ("FLUM Amendment"); and (ii) a rezoning of the Property from T3-R/NCD-3 "Sub -Urban Transect Zone Restricted/Neighborhood Conversation District 3" and T5-RINCD-3 "Urban Center Transect Zone Restricted/Neighborhood Conservation District 3" to T4-R/NCD-3 "General Urban Transect Zone Restricted/Neighborhood Conservation District 3" and T5-R/NCD-3 "Urban Center Transect Zone Restricted/Neighborhood Conservation District 3" (the "Zoning Atlas Amendment") (collectively, the "Application"); and WHEREAS, the Owners submit this Declaration, a recordable agreement in favor of the City, for the purpose of guaranteeing that the future redevelopment of the Property shall be consistent with the standards set forth herein below. NOW, THEREFORE, the Owner voluntarily covenants and agrees that the Property shall be subject to the following restrictions that are intended and shall be deemed a covenant running with the land and binding upon the Owner of the Property, and its heirs, successors, vendees, and assigns as follows: Section 1. The recitals set forth above are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The Owner hereby makes the following voluntary declarations running with the land concerning the Property: A. Permitted Uses. The uses on the Property shall be limited to residential uses. Notwithstanding the rezoning of the Property to the T4-R Transect Zone, the following uses are prohibited: lodging and educational uses. B. Residential Density. Notwithstanding the rezoning of the Property to T4-R and T5-R Transect Zone designations, which designations would otherwise permit the development of up to forty-one (41) dwelling units, not more than twenty-six (26) dwelling units shall be permitted on the Property. The Owner further covenants that the total number of dwelling units constructed on the T4-R portion of the Property shall not exceed twelve (12) dwelling units, which number of dwelling units is equivalent to the number units found on said portion of the Property as of the effective date of this Declaration. C. Height & Massing. The maximum height permitted for the development of the Property shall be as follows: (i) thirty-eight feet (38') above the base flood elevation to the top the primary roof of any building or structure located on the T4-R designated portion of the Property, excluding any ornamental features or architectural projections; and (ii) the maximum height permitted under the Miami 21, as amended through May 2015, for portions of the Property designated T5-R. D. Setbacks. Any building constructed on T4-R designated portions of the Property shall maintain a minimum setback of twenty feet (20') from the property line shared with the abutting T3-R denominated parcel, whose street address of 3551 E. Glencoe Street, Miami, FL (Folio No. 01-4114-008-0170). E. Design Development Documents. Owner covenants that the construction of all future improvements on the Property shall be in compliance with all applicable requirements of the City Charter, City Code and Miami 21. Section 3. Effective Date. The provisions of this Declaration shall become effective upon their recordation in the Public Records of Miami -Dade County, Florida. These restrictions shall be for the benefit of, and a limitation upon, all present and future owners of the Property and for the public welfare. Section 4. Term of Declaration. This Declaration shall remain in full force and effect for a period of thirty (30) years from the date this instrument is recorded in the Public Records, after which time they shall be automatically extended for successive periods of ten (10) years, unless modified, amended or released prior to the expiration thereof and in accordance with the terms of Section 5. Section 5. Amendment & Modification. This Declaration may modified, amended, or released as to any portion of the Property by a subsequent written instrument executed by the then Owners of the Property to be affected by such modification, amendment or release and providing the same has been approved by the Miami City Commission following a public hearing, which costs of the application and notice for such public hearing shall be paid by the Owner. Any modification, amendment or release of this Declaration shall be subject to the approval as to legal form by the City Attorney. Section 6. Inspection & Enforcement. An enforcement action may be brought by the City or by any person residing or working within five (500) feet of the Property, by action in law or in equity against any party or person violating or attempting to violate any covenants of this Declaration, or provisions of the building and zoning regulations, either to restrain or to recover damages. The prevailing party in the action or suit shall be entitled to recover costs and reasonable attorney's fees. The preceding section shall not apply in any action or suit against the City of Miami. This enforcement provision shall be in addition to any other remedies available under the law. Section 7. Severability, Invalidation of any one of these covenants by judgment of Court shall not affect any of the other provisions of the Declaration, which shall remain in full effect. Section 8. Recordation. This Declaration shall be promptly filed of record among the Public Records of Miami -Dade County, Florida, at the Owner's sole cost and expense immediately following the City Commission's final adoption of the FLUM Amendment and Zoning Atlas Amendment and the expiration of any applicable appeal periods for such development orders. The Owner shall provide the City's Zoning Administrator with a certified copy of the recorded Declaration within thirty (30) days of its recordation. [ SIGNATURE PAGES TO FOLLOW ] Witnesses: BAY COLONY LEASEHOLD, LLC Signature Print Name Signature Print Name State of Florida ) Miami -Dade County ) By: Name: Title: The foregoing instrument was acknowledged before me by as of Bay Colony Leasehold, LLC, a Florida limited liability company. He is _ personally known to me or has produced , as identification. Witness my signature and official seal this State aforesaid. day of 2015, in the County and Notary Public State of Florida My Commission Expires: Print Name APPROVED FRANCISCO J. GARCIA IRENE S. HEGEDUS Director of Planning & Zoning Zoning Administrator APPROVED AS LEGAL FORM AND CORRECTNESS: VICTORIA MENDEZ City Attorney EXHIBIT "A" LEGAL DESCRIPTION Lot I, Block 5, and Lots 18 through 22, both inclusive, BIock 2, GLENCOE, according to the Plat thereof, as recorded in Plat Book 5, Page 119, of the Public Records of Miami -Dade County, Florida. #4276178 vl