HomeMy WebLinkAboutM-03-0124DOCUMENTS
Presented to City Commission
by the Coconut Grove Civic Club Regarding
GROVENOR
Major Use Special Permit Application
January 23, 2003
Contents:
1. Comprehensive Plan,
Interpretation of Future Land Use Map:
Major Institutional, Public Facilities, Transportation and Utilities.
2. Juan Gonzalez Letter of March 9, 2003.
3. Planning Recommendation, Rezoning of Bobby Maduro Stadium from
G-1 to R-3.
4. Affordable Housing Bonus,
Zoning Code, Sec. 914
5. Planned Unit Development
a. Definition of PUD
b. Zoning Code, Article 5, Secs. 500-506
li s -to the public
;'ecord rd in tonna o'1ion�tn
"' � _ oi1 / �e
its;
Priscilla A. Tho pson
City Clerk
03- 124
Office: Areas designated as "Office" allow residential uses to a maximum density equivalent to
"High Density Multifamily Residential" subject to the same limiting conditions; transitory
residential facilities such as hotels and motels; general office use; clinics and laboratories; and
limited commercial activities incidental to principal activities in designated areas. Supporting
facilities such as auditoriums, libraries, convention facilities, places of worship, and primary and
secondary schools may be allowed with the "Office" designation.
L
ajor Institutional, Public Facilities, Transportation and Utilities: Areas designated as
ajor Institutional, Public Facilities, Transportation and Utilities" allow facilities for federal,
te and local government activities, major public or private health, recreational, cultural,
igious or educational activities, and major transportation facilities and public utilities.
sidential facilities ancillary to these uses are'allowed to a maximum density equivalent to "High
nsity Multifamily Residential' subject to the same limiting conditions.
Restricted Commercial: Areas designated as "Restricted Commercial" allow residential uses
(excepting rescue missions) to a maximum density equivalent to "High Density Multifamily
Residential" subject to the same limiting conditions; any activity included in the "Office"
designation as well as commercial activities that generally serve the daily retailing and service
needs of the public, typically requiring easy access by personal auto, and often located along
arterial or collector roadways, which include: general retailing, personal and professional services,
real estate, banking and other financial services, restaurants, saloons and cafes, general
entertainment facilities, private clubs and recreation facilities, major sports and exhibition or
entertainment facilities and other commercial activities whose scale and land use impacts are
similar in nature to those uses described above, places of worship, and primary and secondary
schools. This category also includes commercial marinas and living quarters on vessels as
permissible.
Central Business District (CBD): The area designated as "Central Business District (CBD) is
intended to apply to the central commercial, financial and office core of the metropolitan region,
and allows all activities included in the "Office," "Restricted Commercial," and "Major
Institutional, Public Facilities, Transportation and Utilities" designations. Residential facilities
(except for rescue missions) alone or in combination with other uses are allowable to a maximum
density of 1,000 dwelling units per acre, subject to the detailed provisions of the applicable land
development regulations and the maintenance of required levels of service for facilities and
services included in the City's adopted concurrency management requirements.
Also permitted is a mix of uses ranging from high density multifamily residential to high intensity
office uses with retail uses on the lower floors of structures. Intensity of uses within the CBD land
use designation are generally higher than those allowed in other areas of the city.
General Commercial: Areas designated as "General Commercial" allow all activities included in
the "Office" and the "Restricted Commercial" designations, as well as wholesaling and
distribution activities that generally serve the needs of other businesses; generally require on and
off loading facilities; and benefit from close proximity to industrial areas. These commercial
activities include retailing of second hand items, automotive repair services, new and used vehicle
sales, parking lots and garages, heavy equipment sales and service, building material sales and
storage, wholesaling, warehousing, distribution and transport related services, light manufacturing
and assembly and other activities whose scale of operation and land use impacts are similar to
those uses described above. Multifamily residential structures of a density equal to R-3 or higher,
but not to exceed a maximum of 150 units per acre, are allowed by Special Exception only, upon
finding that the proposed site's proximity to other residentially zoned property makes it a logical
extension or continuation of existing residential development and that adequats.services qnd� !blit
'e ;b P2 - _€, ; 1.<sem_D3
Interpretation of Future Land Use Map - Page 4 ?, a r , c.m) Sox)
July 1, 1999 �- f"k
a3-- 124
(�itg of 4KTann
ANA G&AI RT•SANCHIZ
Oinctor
March 9, 2001
Greenberg Traurig
Gb Adrienne Roma Pardo
1221 Briekell Avenue
Miamig FL 33131
Re: ConRrnution of
611 totting designtion
allowing residential development
Door Adrienne:
CARLOS A. GWKZ
City MN"V
Pursuant to your March S, 2001 letter conocming the 011 zoning designadon end whether a
residential multifamily use is permitted, please be advised of the fbllowinit,
The CY) zoning designation includes uses permitted as is principal use under the 0 arming
designation, which farther incorporates the R-4 deslgnadon which includes as a permitted
principal use multifamily residential dwelling units. The exception to the 0/1 inning
designation is that to introduce a new principal use, a Special Exception must be obtained.
If the proposed residential tower exceeds 200 dwel�ing units or provider, in excess of 300 od•
street parking spaces, a Major Use Special Permit must be obtained.
If further zoning in is required on this matter, plea%e do not hesitate to call ms at
(303) 416.1179.
jtruly yours, „r
C. Gonralet,
tg Zoning Administrator
]CG: er
cel Ana Gelabon-Sanchez, Director
Planning and 'Loving Department
Zoning file
s
public
fi � F'ti
iompson
i City Clerk
I,LAVS;iNC S ZONING INVART-MEN1
44•1 S W. 2nd Avinua. 'kd Fku1NM1S"ti. slur ;ld'111 tip lUf: L!6•t iA(IilciFcm)IQr 130S) 416•214b
e..A—t n 0 F104 3i�'fub).�,.•r� , rinnrlt '! 123 L070
03-- 124
ANALYSIS FOR ZONING CHANGE REQUEST
Approximately 2301 NW 10th Avenue.
Application No. 98-018.
Pursuant to Article 4, Section 401 and Article 22 of Ordinance 11000, as amended, the
Zoning Ordinance of the City of Miami, Florida, the proposal has been reviewed for an
amendment to the Zoning Atlas as follows:
APPROXIMATELY 2301 NW 10" Avenue from G/I "Gobernment and
Institutional" to R-3 "Multifamily Medium -Density Residential' (Complete legal
description on file with the Office of Hearing Boards).
The following findings have been made:
It is found that the subject property has the R-3 "Multifamily Medium -Density
Residential" zoning designation immediately adjacent to the northwest (see attached
map).
• It is found that the proposed change will allow the subject property to be developed
at a moderate level of new residential use, which will provide opportunities for it to
complement the immediately adjacent neighborhood
Based on these findings the Department of Planning and Development is
recommending approval of the application as presented..
Zr
NextPage LivePublish
Sec. 914. Increased development bonus.
rage i ui i
914.1. Dwelling unit, square footage, and offstreet parking bonuses for contribution to Affordable Housing Trust
Fund, exceptions.
An increase of up to twenty-five (25) percent in number of dwelling units and/or square footage and/or onsite
ar '-apac�s ma be approved for parcels located within any zoning district other than R-1, R-2 and CBD by
a'or Use S ecial erm pursuant to the requirements of article 17 of this ordinance, upon a finding that such
ncrease wou d no : (i) cause the development to be inconsistent with the neighborhood plan, or any governing
development order issued for a Development of Regional Impact or any Area -Wide Development of Regional
Impact, or any governing master plan which has been duly adopted, or any other duly adopted land use
regulation; (ii) cause the actual levels of service for recreation and open space, potable water transmission
capacity, sanitary sewer transmission capacity, storm sewer capacity, solid waste collection capacity, or traffic
circulation capacity to fall below the levels of service required for the planning district under the neighborhood
plan; or (iii) result in a request for a variance. In addition, the developer benefiting from such development bonus
shall pay, in addition to all other fees required by ordinances affecting the development at the time of receipt of
the Major Use Special Permit which authorizes such bonus, the following fee(s):
For every additional square foot of buildable space and/or every additional square foot of additional
dwelling units, approved as a development bonus, the user shall make a nonrefundable developer
contribution of six dollars and sixty-seven cents ($6.67) to the Affordable Housing Trust Fund
administered by the City of Miami; and
For every additional square foot of parking space approved as a development bonus, the user shall make
a nonrefundable developer contribution of three dollars and ninety-two cents ($3.92) to the Affordable
Housing Trust Fund administered by the City of Miami.
914.2. F.A. R. and offstreet parking bonuses for lots in vicinity of Metrorail and Metromover,• exceptions.
Lots, any portion of which are located within a radius of six hundred (600) feet of the Metrorail/Metromover right-
of-way, shall be permitted a ten (10) percent increase in allowable floor area ratio, when consistent with the Miami
Comprehensive Neighborhood Plan, 1989-2000, and/or a ten (10) percent reduction in required offstreet parking.
This provision shall not apply to existing R-1, R-2, R-3 and Special Districts.
Subr ''110d ;nco the public
record in c:onner,��'R�1
Rem
A. -� V',. , .. Pp. ort
C'4 ierk
03- 124
http://livepublish.municode.com/6/1pext.dlMnfobase40/15/cd4ldcf?fn=document-frame.h... 12/18/2002
ir,tc, ho �;��ii
JJi,, i ti,, c4.,;
1 tys _/ Z� iiC t d,3 03
$ 2502 MIAMI, FLORIDA prisdilia A.
City Clerk
Planned unit development. An area of a minimum contiguous size, as specified by this
ordinance, developed according to a plan as a single entity and containing one (1) or more
buildings or structures with appurtenant common areas. See also section 501 of this ordinance.
Planning district. The seven (7) geographical divisions of the City of Miami used for
capital facilities planning purposes and including: District A -Model City/Edison/Little River;
District B-Downtown/Overtown/Wynwood; District C -Coconut Grove; District D -Little Ha.
vana; District E-Flagami; District. F-Allapattah; and District G -Virginia Key.
Plaza. An open space which may be improved, landscaped, or paved usually surrounded by
building or streets.
Portale. A covered arcade. See also Arcade.
Pre -owned car sales. Sales of cars previously owned.
Principal building. A structure used to enclose or house the primary use(s) located on a
parcel.
Principal structure. See Principal building.
Principal use. The primary use associated with a parcel of land.
Printing. Offset lithography and letterpress printing such as that used in book or news-
paper publication.
Professional services. Services rendered by a vocation or occupation requiring special,
usually advanced, education and skill; implies professed attainments in special knowledge as
distinguished from mere skill.
Public incinerator. See Solid waste facility.
Quarry. A place where rock, ore, stone, gravel, or similar materials are excavated for sale
or for offsite use.
Quick copy services. An establishment which provides blueprinting or duplicating ser-
vices, limited to electrostatic or similar type reproduction copying known as "quick copy,"
specifically disallowing offset lithography and letterpress printing.
Racetrack. An area designed and used for competition of speed and running of horses or
dogs.
Rear yard. See also section 807 of this ordinance. Rear yards shall be construed as ex.
tending across the full width of the lot at its rear.
Recreation facility. A place designed and equipped for the conduct of sports, leisure activ.
ities and other customary and usual diversions.
Recreation space. Any space or area solely dedicated and designed and used for the en-
joyment of leisure time.
Recreational equipment, major. Vehicles designed to accommodate recreational and trans.
portation activities including travel trailers, pickup campers, converted trucks or buses, mo -
Supp. No. 2 706.2
03- 124
NextPage LivePublish rage i of
POA
Sec. 500. Application of regulations; intent.
It is the intent of this article that planned unit development and redevelopment be encouraged and that the
provisions of this article be utilized as an aid in providing:
(1) Greater flexibility in the pattern of development;
(2) Improved level of amenities;
(3) Appropriate and harmonious variety in physical development;
(4) Creative design; and/or
(5) Improved environment.
It is intended for the planned unit development in residential districts that, in addition to other policies and
limitations set out in this ordinance and the Miami Comprehensive Neighborhood Plan, consideration shall be
given to:
(a) General housing needs in the city as a whole;
(b) Housing needs in the neighborhood in which the development is proposed; and
(c) The need for particular types of housing.
In such consideration, due weight shall be given to availability of existing housing supply for which there is evident
need in view of age and economic characteristics of the population, and to the amount and types of potential new
housing under building permits issued and plans for development.
Planned unit developments in commercial districts are planned development for the establishment of compatible
combinations of residential with commercial and/or office uses and supporting facilities.
In addition to the already set out regulations, it is intended for the planned unit development:
(a) That residential occupancies shall be separated from major vehicular traffic flows in order to protect
privacy and tranquility;
(b) That commercial and service uses shall be concentrated for pedestrian convenience and located for
easy access by residents, workers and visitors of the district.
PUD may hereafter be established only by the filing of an application for review and approval as specified for
Major Use Special Permits and only within any zoning district in which residential or more permissible uses are
permitted. Intensity of development in PUD shall be governed by the Miami Comprehensive Neighborhood Plan
and the district requirements where it is located, except this necessary relaxation to meet the y"yyiintent."
(Ord. No. 10771, § 1, 7-26-90; Ord. No. 10863, § 1, 3-28-91)
iter � �2a�!_� rm , ._ d4i 103
A.
City clieri:
03- 124
http://livepublish.municode.coml6llpext.dlllInfobase40l15/5 ac/5 ad?fn=document-frame.h... 12/18/2002
aextYage LiveYublish ruga i ui i
Sec. 501. Planned unit development, generally.
For purpose of these regulations, a planned unit development is land under unified control, to be planned and
developed as a whole:
(a) For principal and accessory structures and uses substantially related to the character and purposes
of the district;
(b) According to comprehensive and detailed plans that include not only streets, utilities, lots or building
sites and the like, but also, at the discretion of the director of the planning, building and zoning
department, may require site plans, floor plans and elevations for all buildings as intended to be located,
constructed, used and related to each other, and detailed plans for other uses and improvements on the
land as related to the buildings;
(c) With a program to provide operation and maintenance of such areas, facilities and services for
common use by the occupants or visitors to the district. These services shall not be provided at general
public expense.
(Ord. No. 10771, § 1, 7-26-90; Ord. No. 10863, § 1, 3-28-91; Ord. No. 11106, § 2, 11-23-93)
Submitted I atc the public
City be k
03- 124
http://livepublish.municode.com/6/lpext.dll/lnfobase40/ 15/5ac/5bf?fn=document-frame.h... 12/18/2002
JextYage LiveYublisfi
rttgu i ui i
Sec. 502. PUD districts; minimum area, maximum densities and maximum floor area
ratios permitted.
(a) Planned unit developments shall have a minimum gross lot area of fifty thousand (50,000) square feet.
(b) Densities for the planned unit development in residential districts are as follows:
R-1 Nine (9) dwelling units per net acre.
R-2 Eighteen (18) dwelling units per net acre.
R-3 Sixty-five (65) dwelling units per net acre.
R-4 One hundred fifty (150) dwelling units per net acre.
(c) An increase in floor area ratio of up to twenty (20) percent over that allowed by the underlying district, when
allowed under the iimi a ions of the Miami Compre ens ve Neighborhood Plan in effect at time of application.
(Ord. No. 10863, § 1, 3-28-91)
I
public
th
item
prfs6ila A- R r
Cay° Clerk
03- 124
http://livepublish.municode.com/6/1pext.dlllInfobase40/15/5ac/5c5?fn=document-frame.h... 12/18/2002
4extrage Liverumisn
Sec. 503. Procedures.
r arc i Vi i
Application for review and approval shall be submitted as specified for Major Use Special Permit (see article 17).
(Ord. No. 10771, § 1, 7-26-90; Ord. No. 10863, § 1, 3-28-91)
Subs: d ittkl,: ,.!9 d tn- 4eD L 1 SFE
reco,-G iii con "Ai
itea �`2
Priscilla A. Th, mpson
City Clerk
03- 124
http://livepublish.municode.com/6llpext. dlllInfobase40l15/5 ac/5ce?fn=document-frame.h... 12/18/2002
;11GAL1 arc L1VGrUU11611
rage i of i
Sec. 504. Principal and accessory uses and structures permitted generally for planned
unit development in residential districts.
504.1. Principal uses and structures allowed for planned unit development in residential districts.
The following uses and structures may be allowed:
(a) Dwellings, one -family, two-family, and multifamily; detached and attached; residence hotels,
apartment hotels, and other facilities containing lodgings other than for transients, except as permitted as
accessory uses and subject to the Miami Comprehensive Neighborhood Plan in effect at time of
application.
(b) Noncommercial social, recreational, and cultural facilities such as neighborhood or game rooms,
libraries, golf courses, swimming pools, marinas, tennis courts, and the like in connection with the
planned development.
(c) Structures and uses required for the operation of a public utility, performance of a governmental
function, or performance of any function necessary for the planned unit development.
504.1.1. Principal uses and structures allowed for planned unit development in commercial districts.
Same as required in C-1 districts.
504.2. Accessory uses and structures allowed in planned unit development in residential districts.
Those uses and structures that are customarily accessory and clearly incidental to principal uses and structures,
provided that at time of issuance of Major Use Special Permit in a multifamily building or closely related complex
of multifamily buildings having a total of at least one hundred (100) dwelling units, convenience establishments
may be permitted under section 906.7, provided that floor area occupied by all such establishments shall not
exceed an amount equal to ten (10) percent of the residential floor area of such a development, shall not be
permitted on public streets, shall only be for the use of residents and their guests, and shall be for the exclusive
use of the planned development.
504.2.1. Limitations on signs. Signs for purposes of identification only shall be limited to one (1), not
exceeding ten (10) square feet in surface area. Signs should respect the architecture of the building and
be placed subordinately and harmoniously to the structure. Not more than one (1) sign shall be permitted.
Where more than one (1) such establishment is located in the same building or on the same premises,
signs as above shall be permitted for each not to exceed ten (10) square feet in area. No such sign shall
extend above or more than six (6) inches beyond the wall of the building.
504.2.2. Lighting. To be used only during hours of operation. No lighting shall be directed in a manner
which illuminates adjoining residential buildings, and no source of incandescent, mercury vapor, or similar
illumination for the premises shall be directly visible from any residential building or from any street.
504.2.3. Hours of operation. Convenience establishment shall be open for business only between the
hours of 7:00 a.m. and 11:00 p.m.
504.3. Accessory uses and structures for planned unit development for commercial districts. Uses and structures
which are customarily accessory and clearly incidental to principal uses and structures may be permitted, subject
to limitations and other lawful regulations applying thereto. In connection with residential uses in waterfront
property, wet dockage or moorage of major private pleasure craft shall not exceed one g)per dwelling unit for the
use of the residents only. "_ `_,m ted Into the public
(Ord. No. 10771, § 1, 7-26-90; Ord. No. 10863, § 1, 3-28-91)
gym;='. l" < �f; .�nne gomp'son
WZ i a� 2- o I I3
Priscilla A. i
City Clerk
03- 124
http://livepublish.municode.com/6/lpext.dll/lnfobase4O/l 5/5ac/5 d 1 ?fn=document-frame.h... 12/18/2002
avcnu agc Livcruu11�t1
Sec. 506. Height limitations, generally.
Height limitations shall be similar to the underlying district regulations
(Ord. No. 10771, § 1, 7-26-90; Ord. No. 10863, § 1, 3-28-91)
Page 1 of 1
gab rritt r Into the public
record ul
itc-i %�z� y Gia 1 3rb3
Priscilla A. Ti omps-on
City Clerk
03-- 124
http://livepublish.municode.com/6/1pext.dllllnfobase40/15/5ac/5ea?fn=document-frame.h... 12/18/2002
ANA GELASERT•SANCHEZ
Director
March 9, 2001
Greenberg Tmurig
C/o Adrienne Friesner Pardo
1221 Brickell Avenue
Miami, FL 33131
Re: Confirmation of
G/I zoning designation
allowing residential development
Dear Adrienne:
\► CARLOS A. GIMENEZ
•11660 66411 City Manager
logo
i=tssg idV if)
ite
Pri oiii A." m son
City Clerk
Pursuant to your March 5, 2001 letter concerning the G/I zoning designation and whether a
residential multifamily use is permitted, please be advised of the following.
The G/I zoning designation includes uses permitted as a principal use under the O zoning
designation, which further incorporates the_ R4 designation which includes as a permitted
principal use multifamily residential dwelling units. The exception to the G/I zoning
designation is that to introduce a new principal use, a Special Exception must be obtained.
If the proposed residential tower exceeds 200 dwelling units or provides in excess of 500 off-
street parking spaces, a Major Use Special Permit must be obtained.
If further zoning information is required on this matter, please do not hesitate to call me at
(305) 416-1178.
Jotin
truly gouts,C. Gonzalez,
g Zoning Administrator
JCG: er
ec: Ana Gelabert-Sanchez, Director
Planning and 'Zoning Department
Zoning file -
a3-
PL&NNING & ZONING DEPARTMENT
444 S.W. 2nd Avenue, 3rd Floor/Miami, Florida 13110/!705) 416-1400/ eleCppier: (30S) 4162156
Mailing Address: P.O. Box 53070NMiarn-, Florida 33231-0,10
124
Cocoanut Grove Village
Council
Suzanne Peters, District A, Chair
Kathleen Morris, District C, Vice Chair
John Holcombe, District A, Secretary
Adam Beer, District C Treasurer
Robert Krulik, District A
Beatriz Hernandez, District B
Lottie Person, District B
Valerie Ricordi, District C
Mailing Address
2848 Chucunantah Road
Coconut Grove, Florida 33133
Telephone
305-858-0568
Facsimile
305-858-0569
Internet
www.grovecouncil.org
Email
info@grovecouncil.org
RESOLUTION
RESOLUTION OF THE COCOANUT GROVE VILLAGE
COUNCIL OPPOSING THE DEVELOPMENT OF THE
"GROVENOR" CONDOMINIUM ON THE SITE KNOWN AS THE
NAVAL RESERVE PROPERTY ON S. BAYSHORE DRIVE.
Whereas:
1. The owner/developer of the former Naval Reserve property located on South
Bayshore Drive has applied to the City of Miami for a Major Use Special
Permit to develop a +/- 345 foot high residential condominium project there;
and
2. This property is designated as Government -Institutional ("G -I") zoning district
which allows for governmental and institutional facilities and their ancillary
uses; and
3. This property was designated G -I only because the Naval Reserve Center was
an existing governmental use on the site; and
4. The abutting properties along South Bayshore Drive and Tigertail Avenue are
designated as Office ("O")/SD-17 zoning districts; and
5. The G-1 zoning district only permits residential uses ancillary to governmental
uses with a floor area ratio of 1.72, and the abutting O/SD-17 permits residential
development with a less intense 1.21 floor area ratio; and
6. The developer is seeking to use this property's G -I zoning designation to
develop a project that is not only inappropriate in the G -I district (because it is
not allowed) but one that is inappropriate in the abutting O/SD-17 district
(because it is larger than allowed in this district); and
7. The developer is also seeking to increase further the size of this project through
its application for bonuses that would allow (1) a 20% increase in floor area and
(2) another 25% increase in square footage; and
8. This massive project fails to meet the requirements of the city's Major Use
Special Permit because it is inappropriate in scale and context with the
surrounding neighborhood as well as insensitive to its surrounding
neighborhood, and it will be a wall-like structure along historic and scenic S.
Bayshore Drive;
THEREFORE, BE IT RESOLVED that the Cocoanut Grove Village
Council requests that the Miami City Commission deny the applicants
request for a Major Use Special Permit for the Grovenor project and
rezone the site to Office/SD-17 to allow residential development
consistent with its neighbors because:
1. It fails to meet the requirements of the G -I zoning district, in that it is a
residential development with absolutely no relationship to
governmental or institutional uses; and
2. The incredibly large development bonuses requested by the developer
are not warranted in this historic and scenic area; and
3. It fails to meet the requirements for a Major Use Special Permit
because it is out of scale with the surrounding neighborhood.
Approved this 21s' day of January, 2003 by a vote of the Cocoanut
Grove Village Council.
Suzanne Peters, Chair Submitted Into the Public
rscord in connection lith
1 �3 oa
Priscilla A. Thm sc�11
City Clerk
03- 124
Submitted Into rho public
record ir,
Priscilla Aa lfhrbrn:;Oil
wwi'ii71
03- 124
GROVENOR PRESENTATION
1703. Commission Disposition of application; consideration of
recommendations; findings required
The City Commission may approve an application for Major Use
Special Permit as submitted, deny the application as submitted, or
approve the application with attached modifications, conditions, or
safeguards, giving full consideration to the recommendations of
boards, agencies, and/or departments.
In reaching a decision on the application as submitted, the
commission shall make a determination as to whether:
(a) The development will be in conformity with, or necessitate a
change in, the adopted Miami Comprehensive Plan; and
(b) The development is in accord with, or will necessitate a
change of, district zoning classification.
In arriving at such determinations, the commission shall consider,
where applicable, the standards and criteria set forth in Section 1305
of this ordinance, and the standards set by this ordinance applicable
to the particular actions or changes proposed, as well as the following
standards:
(5) Whether the development will have a favorable impact on
the environment and natural resources of the City;
(6) Whether the development will
conditions in the neighborhood; and
Grovenor House
Mark Alvarez, AICP Meridian Consulting
adversely affect living
public
f
prnoson
1 sson
prisciiia A. nle k
City
1/23/2003
1
03- 124
Compatibility (6 & 7)
Is this compatible
Submitted Into the publl`c°
recon _„ "t:�r 7
City �.,, e,- (
SD -17 South Bayshore Drive Overlay district runs, along S. Bayshore
Drive, bordering both sides of this property, The South Bayshore
Drive Overlay states as its intent to include from Aviation Avenue to
SW 27th Avenue in the block between Tigertail and S Bayshore. It
does not esclude the land of the Naval Reserve Station which is now
the subject of this MUSP. In recognition of the unique historical
character, geographic features, tropical vegetaiion, and importance to
the community, it is the intent of the SD -17 to respect and enhance
this character. Sec 617.1
With this intent it establishes restrictions, the most important of which
is to limit scale. SD -17 limits scale to an FAR of 1.21, with bonuses
for non-residential buildings for providing public parking. Sec 617.2.2
and 617.2.2.1
With the above intent, it then limits height to 220 feet and 45 for any
building within 100 ft of Tigertail Avenue. This building is 346 feet
high.
Scale
Why is this project incompatible?
Because it's out of scale with the surrounding area, an area of
"special and substantial public interest." Sec 617.1)
In this area which limits the neighboring buildings to 200 feet, this
proposal sites a building that is 346 feet high — 73% taller. How can
this be compatible with the surrounding South Bayshore Drive
Overlay. It can't. It isn't.
On this land is proposed a structure with an FAR of 2.49. Not 1.21 as
would be compatible, but 206% of the floor area that would be
compatible. Over double.
Grovenor House
Mark Alvarez, AICP Meridian Consulting
1/23/2003
2
03- 124
F� c ,s s�a :ay ,e3g:t s✓l
easel e�R �9i�.a rtil
And how did we get so much floor area. By the application of both
the PUD bonus of 20%, and the AHTF bonus of 25% on top of the
base FAR for R4 and Office uses.
AHTF Bonus
As Mr Gibbs discussed, there are serious legal issues with the
application of the AHTF without standards, and without any clear
relationship between the residential area constructed here, the
payment, and the amount of affordable housing constructed or even
planned in the City. Is there a plan that is updated with each new
payment into the Trust?
PUD Bonus
But staying closer to planning issues, the PUD bonus is applied
simply by accessing Article 5, in which Planned Unit Development
bonuses are defined. But the standards and criteria for determining a
PUD and determining that the intent of Section 500 is addressed.
There are in fact, only two standards in this policy criteria bankrupt
article.
1. that a PUD is more than one unit
2. the units are under unified control, ad planned and developed
as a whole
3. there is a maintenance program
4.the minimum gross lot area is 50,000 s.f.
By these standards, and land not in an R-1 district throughtout the
City could become a PUD and get the bonus just by assembling a
few small lots. This Article is bankrupt of meaningful standards, and
leaves this City with no authority to apply them.
Via excessive height, and excessive scale through the dubious
application of faulty bonus systems, this structure is totally
inconsistent with its surroundings, an area declared to be of "special
and substantial public interest."( Sec 617.1)
It is inconsistent with the SD -17 Overlay, which although this land is
depicted on the City's zoning atlas as being a hole in the District, it is
Grovenor House 1/23/2003
Mark Alvarez, AICP Meridian Consulting 3
03►" 124
defined in the text of Sec 617.1 as being a part of and subject to the City C.,ierk
special regulations of the SD -17 Overlay District.
Zoning
Why is this depicted as a hole in the SD -17 Overlay. Answer
because it's not in an underlying Office zone, but in G/I. Obviously, it
is a matter of history, and avoiding the creation of non -conforming
uses that this is G/I. This is the site of the old Naval Reserve Station,
a federal government use. Makes sense.
With this proposal, a lot of attention has focused on whether this
intensity of residential use is permissible in a G/I zone.
G/1 Government and Institutional
Intent and Scale
The government/institutional category allows the development of
facilities for federal, state and local government activities, major
public or private health, recreational, cultural, religious or educational
activities, major transportation facilities, public utilities, and public and
private cemeteries. Residential facilities ancillary to these uses are
allowed to a maximum density equivalent to R-4, subject to the same
limiting conditions.
Clearly, the intent is that residential uses are permissible if they are
ancillary to the government or institution's use of the property. But
under Permitted Principal Uses, it starts with, "same as for O and in
addition", thus incorporating R-4, but also remaining silent as to the
inconsistency with the intent, which is clear.
In letter from zoning administrator of 3/9/01, even he never actual
opined, but only recited the pertinent code.
We could and probably will argue this all day, but there is one part of
G/I that's clear. It is that the development of whatever facilities is for
governments or institutions. It's a unusual section in the code,
because although essentially indistinct from the Office designation, it
is the only place where the salient feature is who owns, controls, and
Grovenor House 1/23/2003
Mark Alvarez, AICP Meridian Consulting 4
03- 124
develops the land. Why does this make sense to do. Because if
government or an institution is the developer and controls the land,
we presume that the land is used either for a public purpose
(government use) or is considered a public benefit (institutional use).
This is the over-riding feature of the G/I designation, and you can
argue about R-4 uses or not, but whatever it is, it has to be owned
and controlled by a government or institution.
In Tab of the MUSP, the developer of this property is Grovenor
House, LLC. It is for profit. It is not proven to be established for a
purpose of a public character. It is not a governmental entity or an
institution.
The development of this property, with this MUSP by this developer is
also illegal with respect to the requirements of the zoning ordinance,
and if its to be developed as such, it needs to be rezoned first.
Institution — an established organization or corporation of a public
character. Submit41,0d into the public
'Le
Pr,
City Gierk
Grovenor House 1/23/2003
Mark Alvarez, AICP Meridian Consulting 5
03- 124
s Grove Hill unit owners ti1e are opposed to the s roc:. tr
proposed for the Grovenor Project. (Grove IJill. 2-6-i-`;
Drive. Miami. Fi_.
DA' -I-1-= PRINT NAND,_ SIGNAt_E"_I_I_FNO.
AAllc6 ��
4.
03
601
COQ
��%� � �fi� �' til y�2ti✓L°�
1 EK
P PC
l
ldlaltj 14hff"T
12.
aC);;�,-
(I n Z
m Z00
Cbz
. � N
131, Z � voll)
M.,Agal "�
14. j- )'y - 6%
03- 124
16, 960, 2.2a 4ACkk-
qLeg-
Ito
- , 2 es
so Nsfl 9,,
A A) 3 62e / � o3
26�
2!
iV Ani c � Beef FIR r
28,
lav
2,8. ZcjI,---
03- 124
Pz- �
December 16, 2002
City of Miami, City Commission
City of Miami, Planning Advisory Board
City of Miami, Zoning Board
444 S.W. 2nd Avenue
Miami, Florida 33130
�nia/ESG, Inc.
Real Estate
2601 So. Bayshore Drive
Suite 1475
Miami, FL 33133
Tel: 305/860-2494
Fax: 305/860-2484
www.insigniaesg.com
Insignia
EM
.Yd,.-+fti� n x'35."' � k ie n1..! l V
a,.e'•': yrs
n D3
s ae A. Vi s rO' g3SO.'!
vt
lty Clerk
Re: Major Use Special Permit for the Grovenor:
Revised Plans Filed November 27, 2002 ("Revised Plans")
Dear Board Member:
Subject to Grovenor House, LLC's ("Grovenor") compliance with the terms of
that certain Settlement Agreement, dated December 16, 2002, by and between Grovenor
and Irradio Holdings, Ltd. ("Irradio" ), Irradio, as owner of the building at 2601 South
Bayshore Drive, supports the revised Major Use Special Permit application which
Grovenor has filed for the property located on South Bayshore Drive with a street address
of 2610 Tigertail Avenue, as reflected in the Revised Plans filed with the City of Miami
on November 27, 2002.
Sincerely,
Insignia/ESG, Inc.
Ag t for rradio din , Ltd.
Richard C. H ' elberger
Property M ager
no
Although all information furnished regarding property for sale, rental or financing is from sources deemed reliable, such information has not been verified, and no express representation is made nor
is any to be implied as to the accuracy thereof, and it is submitted subject to encs, omissions, change of price, rental or other conditions, prior sale, lease or financing, or withdrawal without notice. 03—
3_ 124
GROVE RML CONwmmium AsSOCIAT oN, INC.
2545 SOUTH BAYHSORE DRIVE
MIAMI, FL 33133
December 16, 2002
City of Miami, City Commission
City of Miami, Planning Advisory Board
City of Miami, Zoning Board
444 S.W. 2"d Avenue
Miami, Florida 33130
0,
3 9 v Ay @ a e' ,,—),on
City Cle-rk
Re: Major Use Special Permit for The Grovenor on South Bayshore Dry ve
Dear Board Members:
On behalf of the Grove dill Condominium Association, Inc., we are in support of
the proposed Major Use Special Permit for 151 units which Grovenor Hou -;e, LLC is
requesting for the property located on South Bayshore Drive with a street addn•ss of 2610
Tigertail Avenue. Nothing herein shall be deemed to prohibit individual u nit owners
from speaking in favor or in opposition to the proposed project.
Sincerely,
GROVE HILL CONDOMINIUM
ASSOCIATION, INC.
By:
V 4.
Keonard L. ARosenberg, President
03- 124