On August 7, 2015, applicant Comar Ventures Corporations ("Applicant")filed a plat and site plan application to develop a 1.7 acre of parcel of land located in Miami Lakes, within the Lochness Community.
On September 6, 2016, the Town Council acting in a quasi judicial role, and after considering testimony and evidence from the Applicant, Staff and the Public, denied the Applicant's Site Plan and Final Plat Application.
In response, on October 5, 2016, the Applicant filed a Writ of Certiorari, in the eleventh circuit court forthestate of Florida, styled
Comar Ventures Corporation, v. The Town of Miami Lakes,CaseNo. 2016 368 AP, seeking review and relief from the Town's denial. Additionally, the Applicant filed a request for relief under Florida Statute 70.51, titled Florida Land Use and Environmental Dispute Resolution Act.
On March 24, 2017, the applicant submitted a Settlement Proposal, and on March 27, 2017, at a publicly notice meeting andafter consideration of public comments, the Town Council directed the Town Manager and Town Attorney to prepare and draft a settlement agreement for consideration.
The proposedsettlement agreement addresses many of the Town's concerns regarding the size and nature of the development:
FINAL PLAT:
Pursuant to Section 13-308, the proposed Final Plat entitled "LOCHNESS GARDENS," as prepared by Manuel G. Vera & Associates, Inc, consisting of two (2) pages and stamped dated received July 15, 2016, as attached hereto as Exhibit "A", is hereby Approved with the following condition:
1. The Applicant shall comply, prior to recordation of Final Plat approval, with all platting requirements of the Town LDC and Chapter 28 of the Miami-Dade County Code.
2. Upon recordation of the final plat, the Applicant shall provide the Town with one original on 30 X 36 inch mylar and two paper copies.
SITE PLAN:
Pursuant to Section 13-304(h), the proposed Site Plan entitled "LOCHNESS GARDENS," as prepared by Carlos Marti, consisting of 15 pages, dated stamped received April 7, 2017, as attached hereto as Exhibit "B", is hereby Approved with the following conditions:
1. The Applicant, through a unity of title, shall combine lots 3 and 4 of the Loch Ness Gardens plat. The unity of title shall be reviewed and approved as to form by the Town Attorney. The unity of title shall be filed in the public records of Miami-Dade County only after the non-appealable approval of both the Plat and Site Plan within 30 days of the later of the non-appealable plat approval or the non-appealable site plan approval. The unity of title may only be dissolved by resolution of the Town Council.
2. Only four (4) single-family houses are approved as follows: one house on lot one, one house on lot two, one house on lot five, and one house on the combined lots three and four.
3. None of the four houses shall face Loch Ness Drive.
4. That none of the four houses will be more than one story in height.
5. The Town staff shall make any administrative adjustments to the plat and/or site plan of any non-Town-required approvals that are acceptable to the Town Manager and Applicant.
6. Prior to the issuance of a certificate of completeness/occupancy of the house on lot 5, (1) a retaining wall at least three (3) in height above grade, or as determined upon building permit review, or (2) contouring and a berm as appropriate, shall be constructed along the rear property line where adjacent to the neighboring property toensure proper retention of the stormwater on the subject site.
7. Prior to the issuance of the first building permit in the subdivision, the property owner shall pay the $6,578 Mobility Fee due according to Article X, Division 2 of the Town LDC.
8. A building permit shall be approved within two (2) years of the date of issuance of a final development order. One (1) twelve (12) month extension may be granted administratively upon a showing of good cause. If a building permit is not obtained, or an extension granted within the prescribed time limit, this approval shall become null and void.
Approval of this agreement is subject to a quasi judicial review and approval of the proposed amended site plan and final plat application. Thequasi judicial proceeding willplace subsequent to the execution of this agreement. Should the site plan and, or final plat be denied, the agreement shall be rendered null and void.