Legislation Details

File #: Item # 2014-169    Version: 1 Name:
Type: Resolution Status: Passed
File created: 9/5/2014 In control: Town Council
On agenda: 9/17/2014 Final action: 9/17/2014
Title: A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, APPROVING A SITE PLAN FOR COCO BAY, LLC TO PERMIT THE CONSTRUCTION OF TEN (10) SINGLE FAMILY HOMES, LOCATED ON THE SOUTHWEST CORNER OF SW 188 STREET AND SW 82 AVENUE (FOLIO NUMBER 36-6003-001-0150), AS LEGALLY DESCRIBED IN EXHIBIT "A", CONSISTING OF APPROXIMATELY FIVE (5) ACRES; AND PROVIDING FOR AN EFFECTIVE DATE.
Attachments: 1. Managers Memo - Coco Bay LLC Site Plan, 2. Managers Memo - Attachment A - Letter of Intent and Application for Site Plan Approval, 3. Managers Memo - Attachment B - Aerial Photograph, 4. Managers Memo - Attachment C - Future Land Use Map, 5. Managers Memo - Attachment D - Zoning Maps, 6. Managers Memo - Attachment E - AdvertisementCourtesy Notices Posting, 7. Resolution - Coco Bay LLC Site Plan, 8. Resolution - Exhibit A - Legal Description
 
 
 
M E M O R A N D U M
 
To:      Honorable Mayor and Town Council
 
From:      Rafael G. Casals, Town Manager
 
Date:      September 17, 2014
 
Re:       Site Plan Approval
      (Application No.: SP-2014-006) Coco Bay LLC
 
REQUESTTitle
 
A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, APPROVING A SITE PLAN FOR COCO BAY, LLC TO PERMIT THE CONSTRUCTION OF TEN (10) SINGLE FAMILY HOMES, LOCATED ON THE SOUTHWEST CORNER OF SW 188 STREET AND SW 82 AVENUE (FOLIO NUMBER 36-6003-001-0150), AS LEGALLY DESCRIBED IN EXHIBIT "A", CONSISTING OF APPROXIMATELY FIVE (5) ACRES; AND PROVIDING FOR AN EFFECTIVE DATE.
Body
APPLICANT
Coco Bay LLC., requests Final Site Plan approval for ten (10) single family homes located at the southwest corner of SW 188th Street and SW 82nd Avenue.  Copy of the site plan application is provided in Attachment "A".
 
LOCATION
 
Folio Number:       36-6003-001-0150
 
Legal Description: 3 56 40 5 AC PERRINE GRANT SUB PB 4-10N1/2 OF LOT 9 IN NW ¼ LESS E 35 FT LOT SIZE IRREGULAR F/A/U 30-6003-001-0150
 
BACKGROUND AND ANALYSIS
 
The residential development proposed in the application is located at the southwest corner of SW 188 Street and SW 82 Avenue.  The site consists of one folio 36-6003-001-0150 and consists of five (5) acres of land.
 
 
 
 
The applicant is currently in the process of receiving Tentative Plat approval from Miami Dade County. They are proposing to subdivide a total of five (5) acres into ten (10) separate residential lots. The entire site is currently vacant. It is the intention of Coco Bay LLC., to enhance the neighborhood by developing on these lots. Unit model size ranges from 3,400 to 4,000 square feet, and consists of between four (4) to five (5) bedrooms, and three (3) bathrooms.  The applicant has worked with Town staff to enhance the design of the buildings and to eliminate the need for any variances.  
 
The proposed site plan provides for ten (10) lots that range from approximately 15,000 square feet to 20,000 square feet.  The Applicant indicated that all of the proposed lots will meet the Town's open space requirements and would be below the maximum lot coverage permitted. In addition, each home will be provided with two (2) parking spaces and a garage. The Applicant is proposing to develop three (3) different home models.  An aerial photograph of the property is provided in Attachment "B".    
 
Land Use and Zoning
 
These parcels are zoned ER (Estate Residential). The minimum lot area permitted in the ER Zoning District is 15,000 square feet. The maximum Density permitted is 2.5 units per acre, and the minimum unit size is 1,700 square feet. The Town's Future Land Use Map designates the subject properties as Estate Density Residential.  
 
The Estate Density Residential Zoning District is coded to accommodate existing very low density residential areas and to protect their associated natural vistas and landscape features.  This District is established to protect these low density residential areas and their customary development patterns to prevent sacrificing environmentally sensitive landforms, natural vistas and scenic factors which provide definition to the Town's design.  
 
Permitted uses in this Zoning District include Detached Single-family dwellings, Group homes limited to six (6) residents and Family Day Care Homes. The subject property is surrounded by the ER Zoning District and Estate Density Land Use on all sides.
 
Consistency with Growth Management Plan
 
The Town Of Cutler Bay Land Use Map designates the subject properties as Estate Density Residential. Areas designated Estate Density Residential on the Future Land Use Map may be developed with residential uses at up to 2.5 units per gross acre and public schools.  
 
SITE PLAN EVALUATION CRITERIA
 
1.      The development permitted by the application, if granted, conforms to the Growth Management Plan; is consistent with applicable area or neighborhood studies or plans, and would serve a public benefit warranting the granting of the application at the time it is considered.
This application is consistent with the Town's Growth Management Plan and surrounding land use designation.   The following provides an overview of the Town's Growth Management Plan policies that will be further by this application.
 
Policy FLU-4C:  Development and redevelopment in the residential districts shall be regulated to ensure compatibility with the existing neighborhood, implement the recommendations of neighborhood improvement plans or initiatives that may be adopted, and prevent the encroachment of incompatible uses.  When considering redevelopment proposals, maintaining consistency with existing densities and intensities shall be a major factor. Please see Objective FLU-5 and its implementing policies for information regarding development compatibility criteria.  
 
Policy FLU-5B:  Development and redevelopment in the Town shall provide for pedestrian friendly street design, an interconnected street network and hierarchy to reduce congestion and improve traffic flow, design that promotes the use of non-motorized transportation modes, connectivity to transit, and a range of uses in a compact area to reduce the need for external trips.
 
2.      The development permitted by the application, if granted, will have a favorable impact on the environmental and natural resources of the Town of Cutler Bay, including consideration of the means and estimated cost necessary to minimize the adverse impacts; the extent to which alternatives to alleviate adverse impacts may have a substantial impact on the natural and human environment, and whether any irreversible or irretrievable commitment of natural resources will occur as a result of the proposed development.
 
This application will not have a significant impact on the environmental and natural resources of the Town.     
 
3.      The development permitted by the application, if granted, will have a favorable or unfavorable impact on the economy of the Town.
 
This application will favorably impact on the local economy through the creation of direct and indirect construction jobs, capital investment in the area, and new property tax revenues for the Town.
      
4.      The development permitted by the application, if granted, will efficiently use or not unduly burden water, sewer, solid waste disposal, recreation, education or other necessary public facilities which have been constructed or planned and budgeted for construction.
 
The development proposed in this application will not have an unduly burden on the water, sewer, solid waste disposal, recreation, education or other necessary public facilities.  
The development proposed in this application will be located in an area of the Town that is already served by an existing infrastructure with the capacity to accommodate the proposed retail and restaurants.
 
5.      The development permitted by the application, if granted, will efficiently use or not unduly burden or affect public transportation facilities, including mass transit, roads, streets and highways which have been constructed or planned and budgeted for construction, and if the development is or will be accessible by public or private roads, streets or highways.  
 
The development proposed in this application will not affect public transportation facilities, including mass transit, roads, streets and highway.
 
ADVERTISEMENTS
 
This project was advertised in the Miami Herald, Neighbors Section on September 4, 2014, and Courtesy Notices were sent via regular mail to 239 property owners within 1,000-foot radius of the property consistent with the requirements in Sec. 3-30(K)(2) of the Town Code.  In addition, the property was posted on September 4, 2014 consistent with the requirements in Sec. 3-30(K)(1) of the Town Code.  (See Attachment "C")
 
RECOMMENDATION
 
Town Staff recommends approval of the site plan with the following conditions:
 
1.      Prior to the issuance of a Certificate of Occupancy for a home, the Applicant shall construct the southern portion of Southwest 188 Street, in accordance with the Town Code.
 
2.      Prior to the issuance of the first principal building permit, the fence and landscaping along Southwest 188 Street as shown on the site plan shall be constructed.
 
3.      All construction traffic shall be prohibited along Southwest 188 Street.
 
4.      The fence along Southwest 188 Street shall be maintained by the individual property owners and be uniform in color, size and type.
 
5.      The Applicant shall construct a sidewalk in accordance with Town regulations along Southwest 82 Avenue.
 
6.      Unless authorized by Article XII, Sec. 3-187 of the Town Code, no building permit shall be issued for any structure on a lot in a subdivision on which a plat has not been approved and recorded.
7.      A Construction, Demolition and Materials Management Plan (CDMMP) must be submitted at time of building permit.
 
8.      All construction traffic shall be limited to Southwest 82 Avenue.
 
9.      Provide an Erosion Control Plan prior to the issuance of a building permit.   The Applicant shall submit a plan for erosion and sedimentation control to be implemented before the site is cleared or graded including areas where top soil will be removed and contours of slopes will be cleared.  The Plan should also include location and type of erosion control measures, stormwater and sediment management systems, and a vegetative plan for temporary and permanent stabilization.  The Plan shall remain on-site for the duration of the construction activity.
 
10.      The Applicant shall meet the requirements of the Miami-Dade County Water-Use Efficiency Standards Manual, effective January 2009, as may be amended from time to time.
 
11.      All impact fees shall be paid by the Applicant prior to issuance of building permit.
 
12.      The Applicant shall use interior paints and wood finishes with low volatile organic compound levels that do not exceed 50 grams per liter flat, or 150 grams per liter non-flat. This shall be noted on the approved plans.
 
13.      Flood elevations shall be reviewed and approved for consistency with FEMA requirements prior to building permit approval.
 
14.      That the use be established and maintained in accordance with the approved revised site plan.
 
15.      Garage enclosure shall not be permitted.
 
16.      Site shall be filled in a manner so as to prevent the flooding of adjacent properties.  Stormwater must be retained on site.  
 
17.      The Applicant shall comply with applicable conditions and requirements of Miami-Dade County Public Works Department, Fire Rescue Department, and DERM.  
 
18.      Non-compliance with the approved site plan and this resolution shall result in the denial of future permits and may result in a daily fine, per violation, or revocation of this resolution as provided under the Town Code.
 
 
 
19.      Issuance of this development permit by the Town does not in any way create any right on the part of an Applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the Town for issuance of the permit if the Applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law.
 
20.      All applicable local, state and federal permits must be obtained before commencement of the development.
 
 
Attachments:
 
Ø      Attachment "A" - Letter of Intent and Application for Site Plan Approval
 
Ø      Attachment "B" - Aerial Photograph
 
Ø      Attachment "C" - Future Land Use Map
 
Ø      Attachment "D" - Zoning Maps
 
2.      Attachment "E" - Advertisement/Courtesy Notices/ Posting