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HomeMy WebLinkAboutLegislation (Version 3) & Exhibits (Including Map)City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 08-00166mu Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE GROVE VILLAGE PROJECT, TO DEVELOP A MIXED USE PROJECT ENCOMPASSING SIX CITY BLOCKS IN COCONUT GROVE NET AREA IDENTIFIED AS: GRAND BAHAMA, ABACO, PARADISE ISLAND, BIMINI, FREEPORT, AND NASSAU WHICH ARE FRONTING ON GRAND AVENUE BETWEEN PLAZA AND MARGARET STREETS, MORE SPECIFICALLY IDENTIFY HEREIN AS EXHIBIT "A", FORA MAXIMUM OF 349 DWELLING UNITS, A MAXIMUM OF 750,924 SQUARE FEET FLOOR AREA RATIO FOR RETAIL, OFFICES AND RESIDENTIAL COMPONENTS, A MINIMUM OF 1,566 PARKING SPACES, AND A MINIMUM OF 74,319 SQUARE FEET FOR OPEN SPACES BASED ON THE PROPOSED PROGRAM OPTIONS DESCRIBED HEREIN AND IN COMPLIANCE WITH THE PROPOSED ZONING DESIGNATION FOR THE PROJECT; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on May 19, 2010, Lucia A. Dougherty, Esquire, on behalf of the Applicant/Developer Grove Village, LLC, Jarrette Bay Investments Corp., Grand Bahamas Development of Village W Corp., Twyman E. Bentley, Jr., George and Dazelle Simpson, Sheila Bullard, Centermidl0, LLC, Nassau Development of Village W Corp., Stirrup Properties Inc., West Grove Development Corp., GV Freeport, LLC, GV Nassau, LLC, GV Abaco, LLC, GV Paradise Island, LLC, GV Grand Bahama, LLC, Freeport Development of Village West Corp., Edna and Thomas Demeritte, GV Bimini, LLC, Andros Development Corp., Bimini Development of Village W Corp., Paradise Island Development Corp., City of Miami Dept of P & D, Christ Episcopal Church Inc., Christ Protestant Episcopal Church, Inc., Grand Abbaco Development Village W Corp., 3354 Grand Inc., High Hopes, Inc., Grand Abbaco Development II Corp., Collectively Owners (referred to as "APPLICANT"), submitted a complete Application for a Major Use Special Permit for the GROVE VILLAGE project (08-00166mu) (referred to as "PROJECT"), pursuant to Articles 9, 13 and 17 of Zoning Ordinance No. 11000, for the properties located within Coconut Grove Neighborhood Enhancement Team area, Miami, Florida, on the six city blocks fronting on Grand Avenue between Plaza and Margaret Streets, more specifically identify herein, as legally described in "Exhibit A", attached and incorporated; and WHEREAS, development of the Project requires the issuance of a Major Use Special Permit pursuant to Articles 9, 13 and 17 of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended; and WHEREAS, the Large Scale Development Committee met on May 7, 2010, to consider the proposed Project and offer its input; and WHEREAS, the Urban Development Review Board met on July 20, 2011, to consider the proposed City of Miami Page 1 of 13 File Id: 08-00166mu (Version: 3) Printed On: 12/5/2011 File Number: 08-00166mu Project; and WHEREAS, the Miami Planning Zoning, and Appeals Board, at its meeting on November 2, 2011, following an advertised public hearing, adopted Resolution No. PZAB-R-11-056 by a vote of seven to zero (7-0), item No. 8, recommending APPROVAL with conditions of the Major Use Special Permit Development Order as described in "Exhibit 1"; and WHEREAS, the City Commission deems it advisable and in the best interest of the general welfare of the City of Miami to issue a Major Use Special Permit Development Order as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. A Major Use Special Permit Development Order, incorporated within, is approved subject to the conditions specified in the Development Order, per Articles 9, 13 and 17 of Zoning Ordinance No. 11000 ("Zoning Ordinance"), for the GROVE VILLAGE PROJECT to be developed by the APPLICANT within Coconut Grove Neighborhood Enhancement Team area, Miami, Florida, on the six city blocks fronting on Grand Avenue between Plaza and Margaret Streets, Miami, Florida, more particularly described on "Exhibit A," attached and incorporated. Section 3. The PROJECT is approved for the construction of a mixed use development ranging in height from approximately 62 feet to 82 feet to be comprised of approximately six mixed use buildings which overall development capacity cannot exceed or fall short the following thresholds: 1) Maximum allowed density: 349 Dwelling Units, 2) Maximum allowed Floor Area Ratio: 750,924 Square Feet for retail offices and residential component, 3) Minimum required Parking Spaces: 1,566, and 4) Minimum required Open Space: 74,319 Square Feet. Section 4. The Major Use Special Permit Application for the Project also encompasses the lower ranking Special Permits as set forth in the Development Order. Section 5. The findings of fact set forth below are made with respect to the subject PROJECT: a. The PROJECT is in conformity with the adopted Miami Comprehensive Neighborhood Plan , as amended b. The PROJECT is in accord with the proposed SD-28 (Village West Island Special Overlay District), C-1 (Restricted Commercial), and SD-2 (Coconut Grove Central Commercial District) zoning classification of the Zoning Ordinance. c. Pursuant to Section 1305.2 of the Zoning Ordinance, the specific site plan aspects of the PROJECT that have been found by the City Commission (based upon facts and reports prepared or submitted by staff or others) to adhere to the following Design Review Criteria subject to the any applicable conditions in the Development Order herein: DESIGN REVIEW CRITERIA I) Site and Urban Planning: Applicability Compliance (1) Respond to the physical contextual environment taking into consideration City of Miami Page 2 of 13 File Id: 08-00166mu (Version: 3) Printed On: 12/5/2011 File Number: 08-00166mu urban form and natural features; Yes Yes* (2) Siting should minimize the impact of automobile parking and driveways on the pedestrian environment and adjacent properties; Yes Yes* (3) Buildings on corner lots should be oriented to the corner and public street fronts Yes Yes II) Architecture and Landscape Architecture: Applicability Compliance (1) A project shall be designed to comply with all applicable landscape ordinances; Yes Yes* (2) Respond to the neighborhood context; Yes Yes* (3) Create a transition in bulk and scale; Yes Yes* (4) Use architectural styles and details (such as roof lines and fenestration), colors and materials derivative from surrounding area; Yes Yes* (5) Articulate the building facade vertically and horizontally in intervals that conform to the existing structures in the vicinity. Yes Yes* III) Pedestrian Oriented Development: (1) Promote pedestrian interaction; (2) Design facades that respond primarily to the human scale; Applicability Compliance Yes Yes* Yes Yes* (3) Provide active, not blank facades. Where blank walls are unavoidable, they should receive design treatment. Yes Yes* IV) Streetscape and Open Space: Applicability Compliance (1) Provide usable open space that allows for convenient and visible pedestrian access from the public sidewalk; Yes Yes* (2) Landscaping, including plant material, trellises, special pavements, screen walls, planters and similar features should be appropriately incorporated to enhance the project. Yes Yes* V) Vehicular Access and Parking: Applicability Compliance City of Miami Page 3 of 13 File Id: 08-00166mu (Version: 3) Printed On: 12/5/2011 File Number: 08-00166mu (1) Design for pedestrian and vehicular safety to minimize conflict points; (2) Minimize the number and width of driveways and curb cuts; Yes Yes* Yes Yes* (3) Parking adjacent to a street front should be minimized and where possible should be located behind the building; Yes Yes* (4) Use surface parking areas as district buffer. Yes Yes* VI) Screening: Applicability Compliance (1) Provide landscaping that screen undesirable elements, such as surface parking lots, and that enhances space and architecture; Yes Yes* (2) Building sites should locate service elements like trash dumpster, loading docks, and mechanical equipment away from street front where possible. When elements such as dumpsters, utility meters, mechanical units and service areas cannot be located away from the street front they should be situated and screened from view to street and adjacent properties; Yes Yes* (3) Screen parking garage structures with program uses. Where program uses are not feasible soften the garage structure with trellises, landscaping, and/or other suitable design element. Yes Yes* VII) Signage and Lighting: Applicability Compliance (1) Design signage appropriate for the scale and character of the project and immediate neighborhood; N/A N/A* (2) Provide lighting as a design feature to the building facade, on and around landscape areas, special building or site features, and/or signage; N/A (3) Orient outside lighting to minimize glare to adjacent properties; N/A N/A* N/A* City of Miami Page 4 of 13 File Id: 08-00166mu (Version: 3) Printed On: 12/5/2011 File Number: 08-00166mu (4) Provide visible signage identifying building addresses at the entrance(s) as a functional and aesthetic consideration. N/A N/A* VIII) Preservation of Natural Features: Applicability Compliance (1) Preserve existing vegetation and/or geological features whenever possible. Yes Yes* IX) Modification of Nonconformities: Applicability Compliance (1) For modifications of nonconforming structures, no increase in the degree of nonconformity shall be allowed; N/A (2) Modifications that conform to current regulations shall be designed to conform to the scale and context of the nonconforming structure. *: Compliance is subject to conditions N/A*: Not part of this application N/A These findings have been made by the City Commission to approve this project with conditions. d. Pursuant to Section 1305.3. of the Zoning Ordinance, the use and occupancy of the proposed project have been found by the City Commission to adhere to other specific consideration(s) set forth in the Zoning Ordinance, the Code of the City of Miami, Florida, as amended ("City Code"), and other applicable regulation(s). e. Pursuant to 1305.3.1. of the Zoning Ordinance, the adequacy of the manner in which the proposed use will operate, given its specific location and proximity to less intense uses, has been found by the City Commission to adhere to other specific consideration(s) set forth in the zoning ordinance, the City Code and other applicable regulation(s), with particular consideration given to protecting the residential areas from excessive noise, fumes, odors, commercial vehicle intrusion, traffic conflicts, and the spillover effect of light. f. The PROJECT is expected to cost approximately $306,197,101, and to employ approximately 306 workers during construction (FTE-Full Time Employees); The PROJECT will also result in the creation of approximately 219 permanent new jobs (FTE) and will generate approximately $1,797,577 annually in tax revenues to the City of Miami ("City") (2011 dollars). g. The City Commission further finds that: (1) the PROJECT will have a favorable impact on the economy of the City; (2) the PROJECT will efficiently use public transportation facilities; (3) any potentially adverse effects of the PROJECT will be mitigated through compliance with the conditions of this Major Use Special Permit; (4) the PROJECT will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment; (5) the PROJECT will efficiently use necessary public facilities; (6) the PROJECT will not negatively impact the environment and natural resources of the City ; City of Miami Page 5 of 13 File Id: 08-00166mu (Version: 3) Printed On: 12/5/2011 File Number: 08-00166mu (7) the PROJECT will not adversely affect living conditions in the neighborhood; (8) the PROJECT will not adversely affect public safety; (9) based on the record presented and evidence presented, the public welfare will be served by the PROJECT; and (10) any potentially adverse effects of the PROJECT arising from safety and security, fire protection and life safety, solid waste, heritage conservation, trees, shoreline development, minority participation and employment, and minority contractor/subcontractor participation as applicable will be mitigated through compliance with the conditions of this Major Use Special Permit. Section 6. The Major Use Special Permit, as approved and amended, shall be binding upon the APPLICANT and any assigns or successors in interest. Section 7. The application for Major Use Special Permit, which was submitted on May 19, 2010, and on file with the Planning Department of the City of Miami, Florida, shall be relied upon generally for administrative interpretations and is incorporated by reference herein as it set forth in full herein. Section 8. The City Manager is directed to instruct the Planning Director to transmit a copy of this Resolution and attachment to the APPLICANT. Section 9. The Findings of Fact and Conclusions of Law are made with respect to the Project as described in the Development Order for the PROJECT, incorporated within. Section 10. issued. The Major Use Special Permit Development Order for the PROJECT is granted and Section 11. In the event that any portion or section of this Resolution or the Development Order is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner affect the remaining portions of this Resolution or Development Order which shall remain in full force and effect. Section 12. The provisions approved for this Major Use Special Permit, as approved, shall commence and become operative thirty (30) days after the adoption of the Resolution. Section 13. This Major Use Special Permit, as approved, shall expire two (2) years from its commencement and operative date. Section 14. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{1} DEVELOPMENT ORDER Let it be known that pursuant to Articles 9, 13 and 17 of the Zoning Ordinance 11000, the City Commission, has considered in a public hearing, the issuance of a Major Use Special Permit for the GROVE VILLAGE project (08-00166mu), (hereinafter referred to as the "PROJECT") to be located within Coconut Grove Neighborhood Enhancement Team area, Miami, Florida, on the six city blocks fronting on Grand Avenue between Plaza and Margaret Streets, Miami, Florida, (see legal description on "Exhibit A", attached and incorporated), is subject to any dedications, limitations, restrictions, reservations or easements of record. City of Miami Page 6 of 13 File Id: 08-00166mu (Version: 3) Printed On: 12/5/2011 File Number: 08-00166mu After due consideration of the recommendations of the Planning, Zoning, and Appeals Board and after due consideration of the consistency of this proposed development with the Miami Comprehensive Neighborhood Plan, the City Commission has approved the PROJECT, and subject to the following conditions approves the Major Use Special Permit and issues this Permit: FINDINGS OF FACT PROJECT DESCRIPTION: The proposed PROJECT is a mixed use development to be located within Coconut Grove Neighborhood Enhancement Team area, Miami, Florida, on the six city blocks fronting on Grand Avenue between Plaza and Margaret Streets, Miami, Florida. The PROJECT is located on a gross lot area of approximately 17.0 ± acres and a net lot area of approximately 12.049 ± acres of land (more specifically described on "Exhibit A", incorporated herein by reference). The remainder of the PROJECT's Data Sheet is attached and incorporated as "Exhibit B. The proposed PROJECT will be a mixed use development ranging in height from approximately 62 feet to 82 feet to be comprised of approximately six mixed use buildings which overall development capacity cannot exceed or fall short the following thresholds: 1) Maximum allowed density: 349 Dwelling Units, 2) Maximum allowed Floor Area Ratio: 750,924 Square Feet for retail offices and residential component, 3) Minimum required Parking Spaces: 1.566, and 4) Minimum required Open Space: 74,319 Square Feet for open spaces. The Major Use Special Permit Application for the PROJECT also encompasses the following lower ranking Special Permits: MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. Section 1701, (1), to allow a residential development involving in excess of two hundred (200) dwelling units; MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. Section 1701, (2), to allow a non-residential development involving in excess of two hundred thousand (200,000) square feet of floor area; MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. Section 1701, (7), for any single use or combination of uses requiring or proposing to provide in excess of five hundred (500) off-street parking spaces; MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. Section 1701, (11), to allow a multi -phase development; SPECIAL EXCEPTION, as per ARTICLE 8, Section 803.6.3, to allow a large-scale retail establishment; SPECIAL EXCEPTION, as per ARTICLE 9, Section 917.7.2, to allow reduction in parking requirements for multifamily residential development when located in Community Revitalization Districts (CRD), particularly for Paradise Island and Bimini blocks; This Major Use Special Permit encompasses the following Special Permits and Requests: City of Miami Page 7 of 13 File Id: 08-00166mu (Version: 3) Printed On: 12/5/2011 File Number: 08-00166mu CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 602.3.1, to allow new developments in the area formerly describe as the SD-2 district; CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 628.3, to allow new developments in the area formerly describe as the SD-28 district; CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 903.1, to allow a project that is designed as a single site and it occupies lots divided by a street or alley; CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 922.4, to allow maneuvering of trucks on public rights -of -way with referral to Public Works Director; CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 908.2, to allow driveways of width greater than 25 feet; CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 927, to allow temporary structures, occupancies, and uses reasonably necessary for construction such as construction fence, covered walkway and if encroaching public property must be approved by other city departments; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 906.9, to allow temporary carnival, festival, fair or similar type event on privately owned or City -owned land such as a ground breaking ceremony; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 916.2.1, to allow parking for temporary special event such as ground breaking ceremonies; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 918.2, to allow temporary off-street offsite parking for construction crews working on a commercial -residential project under construction; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 920.1.2, to allow construction trailer(s) and other temporary construction offices such as watchman's quarters, leasing and sales centers; CLASS I SPECIAL PERMIT, as per ARTICLE 10, Section 10.6.3.2, SD-2 Coconut Grove Central Commercial District, Temporary Signs (3) , to allow temporary development signs; REQUEST, for waiver of CHAPTER 36 NOISE, Section 36-6 Construction Equipment (a) permitting the operation of construction equipment exceeding the sound level of a reading of 0.79 weighted average DA at any time and/or day subject to the City Manager Exception pursuant to Section 36-6 (c) and all the applicable criteria; REQUEST for applicable MAJOR USE SPECIAL PERMIT, that the following conditions be required at the time of issuance of Shell Permit instead of at issuance of Foundation Permit: The requirement to record in the Public Records a Declaration of Covenants and/or Restrictions providing that the ownership, operation and maintenance of all common areas and facilities will be by the property owner and/or a mandatory property owner association; And the requirement to record in the Public Records a Unity of Title or a covenant in lieu of a Unity of Title. City of Miami Page 8 of 13 File Id: 08-00166mu (Version: 3) Printed On: 12/5/2011 File Number: 08-00166mu Pursuant to Articles 9, 13 and 17 of the Zoning Ordinance, approval of the requested Major Use Special Permit shall be considered sufficient for the subordinate permits requested and referenced above as well as any other special approvals required by the City which may be required to carry out the requested plans. The PROJECT shall be constructed substantially in accordance with plans and design schematics , on file and landscape plan prepared by Corwill Architects, Inc., dated August 12, 2011, August 14, 2011, October 18, 2011, and October 24, 2011; said design and landscape plans may be permitted to be modified only to the extent necessary to comply with the conditions for approval imposed herein; all modifications shall be subject to the review and approval of the Planning Director prior to the issuance of any building permits; and The PROJECT conforms to the requirements of the proposed SD-28 (Village West Island Special Overlay District), C-1 (Restricted Commercial), and SD-2 (Coconut Grove Central Commercial District) zoning classification, as contained in the Zoning Ordinance. The proposed comprehensive plan future land use designation on the subject property allows the proposed uses. CONDITIONS THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR SEVERALLY, PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, SHALL COMPLY WITH THE FOLLOWING: 1) Meet all applicable building codes, land development regulations, ordinances and other laws and pay all applicable fees due prior to the issuance of a building permit. 2) Allow the Miami Police Department to conduct a security survey, at the option of the Department, and to make recommendations concerning security measures and systems; further submit a report to the Planning Department, prior to commencement of construction, demonstrating how the Police Department recommendations, if any, have been incorporated into the PROJECT security and construction plans, or demonstrate to the Planning Director why such recommendations are impractical. 3) Obtain approval from, or provide a letter from the Department of Fire -Rescue indicating APPLICANTS coordination with members of the Fire Plan Review Section at the Department of Fire -Rescue in the review of the scope of the PROJECT, owner responsibility, building development process and review procedures, as well as specific requirements for fire protection and life safety systems, exiting, vehicular access and water supply. 4) Obtain approval from, or provide a letter of assurance from the Department of Solid Waste that the PROJECT has addressed all concerns of the said Department prior to the obtainment of a shell permit. 5) Comply with the Minority Participation and Employment Plan (including a Contractor/Subcontractor Participation Plan) submitted to the City as part of the Application for Development Approval, with the understanding that the APPLICANT must use its best efforts to follow the provisions of the City's Minority/Women Business Affairs and Procurement Program as a guide. 6) Record the following in the Public Records of Miami -Dade County, Florida, prior to the City of Miami Page 9 of 13 File Id: 08-00166mu (Version: 3) Printed On: 12/5/2011 File Number: 08-00166mu issuance of a Temporary Certificate of Occupancy or Certificate of Occupancy, a Declaration of Covenants and Restrictions providing that the ownership, operation and maintenance of all common areas and facilities will be by the property owner or a mandatory property owner association in perpetuity. 7)Prior to the issuance of shell permit, provide the Planning and Zoning Department with a recorded copy of the MUSP permit resolutio and development order, and further, an executed, record able unity of title or covenant in lieu of unity of title agreement for the subject property; said agreement shall be subject to the review and approval of the City Attorney's Office. 8) Provide the Planning Department with a temporary construction plan that includes the following: a temporary construction parking plan, with an enforcement policy; a construction noise management plan with an enforcement policy; and a maintenance plan for the temporary construction site; said plan shall be subject to the review and approval by the Planning Department prior to the issuance of any building permits and shall be enforced during construction activity. All construction activity shall remain in full compliance with the provisions of the submitted construction plan; failure to comply may lead to a suspension or revocation of this Major Use Special Permit. 9) Insofar as this Major Use Special Permit includes the subordinate approval of a series of Class I Special Permits for which specific details have not yet been developed or provided, the applicant shall provide the Planning Department with all subordinate Class I Special Permit plans and detailed requirements for final review and approval of each one prior to the issuance of any of the subordinate approvals required in order to carry out any of the requested activities and/or improvements listed in this development order or captioned in the plans approved by it. 10) If the Project is to be developed in phases, the Applicant shall submit an interim plan, including a landscape plan, which addresses design details for the land occupying future phases of this Project in the event that the future phases are not developed, said plan shall include a proposed timetable and shall be subject to review and approval by the Planning Director. 11) Pursuant to design related comments received by the Planning Director, the applicant shall meet the following conditions: a) Applicant shall provide updated Federal Aviation Administration (FAA) Height and Land -Use Analysis consistent with NGVD Heights for the project, b) Provide for Planning Department approval, details on the "decorative screens" indicating the articulation of the final product for each of the proposed exposed parking garages, specify the opening sizes and depth of screens. The screen should be flush with the interior wall so that there is a window depth between the wall and screen, c) Provide color elevations for all proposed facades including material details, photos, and samples, especially for the garage screening elements. Proposed parking on the rooftop also needs to be screened, d) Show street improvements and ground level pedestrian views of each building along Grand Avenue, e) Provide for approval, by the Planning and Zoning Department, a complete landscape plans for all blocks with the appropriate legend and calculations, promoting continuity and connectivity between each block, including shade trees disposition or mitigation program, as well as the appropriate buffering between the project and the adjacent single family residences , f) Provide a tree survey and a tree disposition plan to the Planning and Zoning department, showing existing trees location within the property, in order to determine tree replacement requirements, on -site and off -site accommodation, as needed or contribution to the tree trust fund, g) Surface parking facing Florida Avenue should provide a landscape buffer area of no less than 15 feet, containing dimensional layers of landscape features, h) The current Future Land Use for parcels in the project was adopted by City Commission on October 28, 2010 (08-001661u1, 06-0011661u2, 08-001661u3, 08-001661u4 and 08-001661u5). The intent of this adoption was to provide transitions within each parcel towards the existing residential areas in close proximity to the "Grove Village" project and to buffer abutting signal family residents from the adverse impacts of commercial uses and low-rise and mid -rise mixed use developments. All development for the Grove Village project shall be consistent with the adopted City of Miami Page 10 of 13 File Id: 08-00166mu (Version: 3) Printed On: 12/5/2011 File Number: 08-00166mu Future Land Use Map (FLUM) amendment identified above, i) Provide further details for the project demonstrating compliance with the Caribbean character, reinforcing the pedestrian realm, pursuant to the SD-28 zoning designation, j) Provide, refined loading maneuvering details for loading areas, k) Provide drawings showing proposed transition from proposed project to the surrounding neighborhood, I) Any future modifications to this MUSP which are considered Substantial shall be processed pursuant to Article 7.1.3.5 d, 2.,c. and meet applicable Transect regulations, m) Any increase to the approved 263 residential units requires resubmission for School Concurrency. 12) Pursuant to comments by the City of Miami Public Works Department, the following street improvements by blocks, shall be required of the applicant: FREEPORT: 1. Dedication of 25 foot corner radiuses are required at the street intersections on all four corners of the project site, 2. The building and wall are not permitted to encroach beyond the 25 foot corner radius dedication on the Northwest and Southeast corners of the site. The building and wall is not permitted to encroach into the required 25 foot by 25 foot cornervisibility triangles or the 10 foot by 10 foot driveway visibility triangles, 3. 10 foot by 10 foot visibility triangles are required at the driveway exits on Plaza Street and Hibiscus Street, 4. The proposed "R-1" residences along Florida Avenue do not meet minimum lot size and Zoning regulations. Re -platting, in conformance with City Code Subdivision Regulations and Zoning Ordinance regulations, is required if these parcels are intended to be individual single family purchased properties, 5. The tree planters shown on the Landscape Plan does not match the Site Plan. Coordinate the various plan sheets. BIMINI 1. Dedication of 25 foot corner radiuses are required at the street intersections on all four corners of the project site. 2. Verify if the 1.5 foot strip of right of way dedication has been made along Hibiscus Street as shown on the survey prepared by Fortin, Leavy, Skiles, Inc. 3. Separate approval must be obtained from the Director of Public Works for a driveway exceeding 40 feet in width. 4. A Special Class II permit is required for the truck maneuvering in the public right of way . 5. 10 foot by 10 foot visibility triangles are required at the driveway exits on Hibiscus Street and Plaza Street. The building and landscaping are not permitted to encroach into these visibility triangles. NASSAU 1. Dedication of 25 foot corner radiuses are required at the street intersections on all four corners of the project site. 2. The basement and wall are not permitted to encroach beyond the 25 foot corner radius dedication on the Northwest and Northeast corners of the site. The wall is not permitted to encroach into the required 25 foot by 25 foot corner visibility triangle. 3. Explain ownership and maintenance of the property identified as "park". 4. 10 foot by 10 foot visibility triangles are required at the driveway exits on Elizabeth Street and Hibiscus Street. 5. Re -platting is required to create new lot/property lines. Proposed lot lines must align with zoning district boundary lines. 6. See the general note concerning improvements on Grand Avenue right of way and the "Valet Parking Zone" requirements. PARADISE ISLAND 1. Platting of the property is required to close and vacate Thomas Avenue. 2. Dedication of 25 foot corner radiuses are required at the street intersections at the City of Miami Page 11 of 13 File Id: 08-00166mu (Version: 3) Printed On: 12/5/2011 File Number: 08-00166mu Northwest and Northeast corners of the project site. 3. A Class II Special Permit is required for vehicular maneuvering into the service area from Elizabeth Street. 4. Insufficient sidewalk width is available on Elizabeth Street right of way for tree planters within the sidewalk area. 5. Elizabeth Street is a narrow roadway. Both travel lanes will be encumbered by truck maneuvers to access the loading area. The driveway approaches must be designed to best accommodate the maneuvers necessary to enter/exit the loading area. 6. Trees, shrubs and the elevated portion of "Founders Park" are not permitted to encroach beyond the 25 foot corner radius dedication or into the corner visibility triangle. 7. The proposed split, double entry driveway on Hibiscus Street creates conflicting turning movements. A single entry and single exit lane divided by the existing tree in a median is recommended. If the existing tree is to be mitigated, select a new position outside of the driveway visibility triangle. 8. 10 foot by 10 foot visibility triangles are required at me driveway exits onto Hibiscus Street and Elizabeth Street. The building is not permitted to encroach into the visibility triangles. GRAND BAHAMA 1. Dedication of 25 foot corner radiuses are required at the street intersections on all four corners of the project site. 2. Re -platting is required to create new lot/property lines shown along Florida Avenue. Proposed lot lines must align with Zoning district boundary lines. 3. Coordinate the planter locations shown on the Landscape Plan with the planter locations shown on the Site Plan. 4. The proposed "median" dividing the entry/exit to the parking garage conflicts with turning movements and "trash room" access and the proposed sabal palm trees conflict with the driveway visibility triangle. Public Works recommends to delete the median/divider and palm trees and align the driveway with the garage ramps. 5. A sidewalk cafe permit must be obtained if the cafe extends into the Grand Avenue right of way. 6. Insufficient sidewalk width is available in Elizabeth Street and in Margaret Street right of way for tree planters in the public sidewalk area. ABACO 1. Dedication of 25 foot corner radiuses are required at the street intersections on all four corners of the project site. 2. 10 foot by 10 foot visibility triangles are required at the driveway exits on Elizabeth Street and Margaret Street. 3. Coordinate the location of the planters shown on the Landscape Plan with the location of the planters shown on the Site Plan. 4. A Class II Special Permit is required for truck maneuvering in the right of way . The driveway approaches must be designed to accomodate the truck turning maneuvers. 5. Approval must be obtained from the Director of Public Works for driveways exceeding 40 feet in width. 6. The proposed building is not permitted to encroach beyond the 25 foot corner radius dedication or into the corner visibility triangles on the northeast and southeast corners of the site. 7. The "townhouse" doors are not permitted to swing beyond the property line into the public right of way (F.B.C. 3202.2). 13) That the requested applications for the Future Land Use Map Change and Change of Zoning on these properties are subject to being approved by the City Commission. City of Miami Page 12 of 13 File Id: 08-00166mu (Version: 3) Printed On: 12/5/2011 File Number: 08-00166mu 14) Within 90 days of the effective date of this Development Order, record a certified copy of the Development Order specifying that the Development Order runs with the land and is binding on the Applicant, its successors, and assigns, jointly or severally. THE CITY SHALL: Establish the operative date of this Permit as being thirty (30) days from the date of its issuance; the issuance date shall constitute the commencement of the thirty (30) day period to appeal from the provisions of the Permit. CONCLUSIONS OF LAW The PROJECT, proposed by the APPLICANT, complies with the Miami Comprehensive Neighborhood Plan, as amended, is consistent with the orderly development and goals of the City, and complies with local land development regulations and further, pursuant to Section 1703 of the Zoning Ordinance: (1) the PROJECT will have a favorable impact on the economy of the City; and (2) the PROJECT will efficiently use public transportation facilities; and (3) the PROJECT will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment; and (4) the PROJECT will efficiently use necessary public facilities; and (5) the PROJECT will not negatively impact the environment and natural resources of the City; and (6) the PROJECT will not adversely affect public safety; and (7) the public welfare will be served by the PROJECT; and (8) any potentially adverse effects of the PROJECT will be mitigated through conditions of this Major Use Special Permit. The proposed development does not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the City. APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU CITY ATTORNEY Footnotes: {1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission . City of Miami Page 13 of 13 File Id: 08-00166mu (Version: 3) Printed On: 12/5/2011 Exhibit 1 (page 1 of 3) File ID 08-00166mu Based on the application submitted and comments provided by IDR, NET, LSC and UDRB, the Planning Department recommends approval of the Grove Village Development Project with the following conditions: 1) Meet all applicable building codes, land development regulations, ordinances and other laws and pay all applicable fees due prior to the issuance of any building permit. 2) Allow the Miami Police Department to conduct a security survey, at the Department's discretion, and to make recommendations concerning security measures and systems; further submit a report to the Planning Department, prior to commencement of construction, demonstrating how the Police Department recommendations, if any, have been incorporated into the PROJECT security and construction plans, or demonstrate to the Planning Director why such recommendations are impractical. 3) Obtain approval from, or provide a letter from the Department of Fire -Rescue indicating APPLICANT'S coordination with members of the Fire Plan Review Section at the Department of Fire -Rescue in the review of the scope of the PROJECT, owner responsibility, building development process and review procedures, as well as specific requirements for fire protection and life safety systems, exiting, vehicular access and water supply. 4) Obtain approval from, or provide a letter of assurance from the Department of Solid Waste that the PROJECT has addressed all concerns of the said Department prior to the obtainment of a shell permit. 5) Comply with the Minority Participation and Employment Plan (including a Contractor/Subcontractor Participation Plan) submitted to the City as part of the Application for Development Approval, with the understanding that the APPLICANT must use its best efforts to follow the provisions of the City's Minority/Women Business Affairs and Procurement Program as a guide, as applicable. 6) Record the following in the Public Records of Dade County, Florida, prior to the issuance of any building permit: • Declaration of Covenants and Restrictions providing that the ownership, operation and maintenance of all common areas and facilities will be by the property owner or a mandatory property owner association in perpetuity; and • Record in the Public Records a Unity of Title or a covenant in lieu of a Unity of Title if, applicable, subject to the review and approval of the City Attorney's Office. 7) Prior to the issuance of a shell permit, provide the Planning Department with a recorded copy of the documents mentioned in condition (6) above. 8) Provide the Planning Department with a temporary construction plan that includes the following: • Temporary construction parking plan, with an enforcement policy; • Construction noise management plan with an enforcement policy; and • Maintenance plan for the temporary construction site; said plan shall be subject to the review and approval by the Planning Department prior to the issuance of any building permits and shall be enforced during construction activity. All construction activity shall remain in full compliance with the provisions of the submitted construction plan; failure to comply may lead to a suspension or revocation of this Major Use Special Permit. Exhibit 1 (page 2 of 3) File ID 08-00166mu 9) In so far as this Major Use Special Permit includes the subordinate approval of a series of Class I Special Permits for which specific details have not yet been developed or provided, the applicant shall provide the Planning Department with all subordinate Class I Special Permit plans and detailed requirements for final review and approval of each one prior to the issuance of any of the subordinate approvals required in order to carry out any of the requested activities and/or improvements listed in this development order or captioned in the plans approved by it. 10) If the project is to be developed in phases, the Applicant shall submit an interim plan, including a landscape plan, which addresses design details for the land occupying future phases of this Project in the event that the future phases are not developed, said plan shall include a proposed timetable and shall be subject to review and approval by the Planning Director. 11) The following conditions apply to all development (Blocks) within the project. The applicant shall meet the following conditions, prior to the issuance of any building permit: a) Applicant shall provide updated FAA Height and Land -Use Analysis consistent with NGVD Heights for the project. b) Provide for Planning Department approval, details on the "decorative screens" indicating the articulation of the final product for each of the proposed exposed parking garages, specify the opening sizes and depth of screens. The screen should be flush with the interior wall so that there is a window depth between the wall and screen. c) Provide color elevations for all proposed facades including material details, precedent photos, and samples, especially for the garage screening elements. Proposed parking on the rooftop also needs to be screened. d) Show street improvements and ground level pedestrian views of each building along Grand Avenue. e) Provide for approval, complete landscape plans for all blocks with the appropriate legend and calculations, promoting continuity and connectivity between each block, including shade trees disposition or mitigation program, as well as the appropriate buffering between the project and the adjacent single family residences f) Provide a tree survey and a tree disposition plan showing existing trees location within the property, in order to determine tree replacement requirements, on -site and off -site accommodation, as needed or contribution to the tree trust fund. g) Surface parking facing Florida Avenue should provide a landscape buffer area of no less than 15 feet, containing dimensional layers of landscape features. Exhibit 1 (page 3 of 3) File ID 08-00166mu h) The current Future Land Use for parcels in the project was adopted by City Commission on October 28, 2010 (08-001661u1, 06-0011661u2, 08-001661u3, 08- 001661u4 and 08-001661u5). The intent of this adoption was to provide transitions within each parcel towards the existing residential areas in close proximity to the "Grove Village" project and to buffer abutting signal family residents from the adverse impacts of commercial uses and low-rise and mid -rise mixed use developments. All development for the Grove Village project shall be consistent with the adopted FLUM amendment identified above. i) Provide further details for the project demonstrating compliance with the Caribbean character, reinforcing the pedestrian realm, pursuant to the SD-28 zoning designation. j) Provide, refined loading maneuvering details for loading areas. k) Provide drawings showing proposed transition from proposed project to the surrounding neighborhood. 12) Any future modifications to this MUSP which are considered Substantial shall be processed pursuant to Article 7.1.3.5 d, 2.,c. and meet applicable Transect regulation. 13) Any increase to the approved 263 residential units requires resubmission for School Concurrency. 14) Project must comply with comments issued by Public Works Department on May 7, 2010 by the City of Miami attached hereto for each block. 15) Within 90 days of the effective date of this Development Order, record a certified copy of the Development Order specifying that the Development Order runs with the land and is binding on the Applicant, its successors, and assigns, jointly or severally. Exhibit "A" Freeport Block GV Freeport LLC - Owner/ Contract Purchaser 3545 Grand Avenue - 01-4121-007-3800 3508 Florida Avenue - 01-4121-007-3690 3540 Florida Avenue - 01-4121-007-3700 3548 Florida Avenue - 01-4121-007-3710 3576 Florida Avenue - 01-4121-007-3730 3582 Florida Avenue - 01-4121-007-3740 Edna Mae and Thomas Dermeritte, Owner/GV Freeport LLC as Contract Purchaser 3558 Florida Avenue - 01-4121-007-3720 Freeport Development of Village West Corp. Owner/GV Freeport LLC as Contract Purchaser 3585 Grand Avenue - 01-4121-007-3770 Stirrup Properties Inc.- Owner/GV Freeport LLC as Contract Purchaser 3500 Florida Avenue - 01-4121-007-3670 West Group Development Corp.- Owner/GV Freeport LLC as Contract Purchaser 3597 Grand Avenue - 01-4121-007-3760 3567 Grand Avenue - 01-4121-007-3780 3547 Grand Avenue - 01-4121-007-3790 3501 Grand Avenue - 01-4121-007-3830 Paradise Island Development Corporation - Owner/GV Freeport LLC as Contract Purchaser 3535 Grand Avenue - 01-4121-007-3820 3506 Florida Avenue - 01-4121-007-3680 MIA 180,414.289v1 2-2-09 Nassau Block GV Nassau LLC - Owner/Contract Purchaser 3440 Florida Avenue - Folio No. 01-4121-007-3510 3361 Hibiscus Street - Folio No. 01-4121-007-3560 3422 Florida Avenue - Folio No. 01-4121-007-3490 3415 Grand Avenue - Folio No. 01-4121-007-3650 Nassau Development of Village West Corp- Owner/GV Nassau LLC as Contract Purchaser 3400 Florida Avenue - Folio No. 01-4121-007-3470 3412 Florida Avenue - Folio No. 01-4121-007-3480 3441 Grand Avenue - Folio No. 01-4121-007-3630 3461 Grand Avenue - Folio No. 01-4121-007-3610 George A. & Dazelle Simpson -Owner/GV Nassau LLC as Contract Purchaser 3472 Florida Avenue - Folio No. 01-4121-007-3550 3485 Grand Avenue - Folio No. 01-4121-007-3580 Stirrup Properties Inc. - Owner/GV Nassau LLC as Contract Purchaser 3495 Grand Avenue - Folio No. 01-4121-007-3570 Paradise Island Development Corporation- Owner/GV Nassau LLC as Contract Purchaser 3475 Grand Avenue - Folio No. 01-4121-007-3590 3401 Grand Avenue - Folio No. 01-4121-007-3660 Andros Development Corp.- Owner/GV Nassau LLC as Contract Purchaser 3471 Grand Avenue - Folio No. 01-4121-007-3600 MIA 180,414,289v1 2-2-09 Grand Bahamas Block GV Grand Bahama, LLC- Owner/Contract Purchaser 3370 Florida Avenue- Folio No. 01-4121-007-3370 (3370 Fla Ave LLC) 3380 Florida Avenue- Folio No. 01-4121-007-3380 Jarrette Bay Investments Corp.- Owner/GV Bahama, LLC as Contract Purchaser 3301 Grand Avenue- Folio No. 01-4121-007-3300 Grand Bahamas Dev of Village West Corp - Owner/GV Bahamas LLC as Contract Purchaser 3355 Grand Avenue- Folio No. 01-4121-007-3420 3375 Grand Avenue- Folio No. 01-4121-007-3410 3395 Grand Avenue- Folio No. 01-4121-007-3400 Twyman E. Bentley, Jr. 3340 Florida Avenue - Folio No. 01-4121-007-3320 MIA 180,414,289v1 2-2-09 Bimini Block GV Bimini LLC - Owner/Contract Purchaser 3428 Hibiscus Street- Folio No. 01-4121-007-4450 3522 Grand Avenue- Folio No. 01-4121-007-4340 3574 Grand Avenue- Folio No. 01-4121-007-4370 3509 Thomas Avenue- Folio No. 01-4121-007-4440 3551 Thomas Avenue- Folio No. 01-4121-007-4410 3521 Thomas Avenue- Folio No. 01-4121-007-4430 3547 Thomas Avenue- Folio No. 01-4121-007-4420 3559 Thomas Avenue- Folio No. 01-4121-007-4400 Andros Development Corporation - Owner/GV Bimini, LLC Contract Purchaser 3560 Grand Avenue- Folio No. 01-4121-007-4360 Paradise Island Development Corporation- Owner/ GV Bimini LLC/Contract Purchaser 3530 Grand Avenue - Folio No. 01-4121-007-4350 Bimini Development of Village West Corp. Owner/GV Bimini LLC/Contract Purchaser 3410 Hibiscus Street- Folio No. 01-4121-007-4320 George and Dazelle Simpson - Owner/GV Bimini LLC Contract Purchaser 3577 Thomas Avenue- Folio No. 01-4121-007-4390 West Group Development Corporation - Owner/GV Bimini Contract Purchaser 3520 Grand Avenue- Folio No. 01-4121-007-4330 Stirrup Properties, Inc. - Owner/GV Bimini LLC Contract Purchaser 3587 Thomas Avenue- Folio No- 01-4121-007-4380 MIA 180,414,289v1 2-2-09 Paradise Island Block GV Paradise Island LLC - Owner/Contract Purchaser 3460 Thomas Avenue - Folio No. 01-4121-012-0250 3456 Elizabeth Street- Folio No. 01-41121-012-0300 3449 Hibiscus Street- Folio No. 01-4121-007-4730 3428 Grand Avenue- Folio No. 01-4121-007-4640 3407 Thomas Avenue- Folio No. 01-4121-012-0210 3420 Elizabeth Street- Folio No. 01-4121-012-0200 Paradise Island Development Corporation - Owner/GV Paraclise Island LLC Contract Purchaser 3440 Grand Avenue - Folio No. 01-4121-007-4660 3456 Grand Avenue- Folio No. 01-4121-007-4670 3396 Grand Avenue- Folio No. 01-4121-007-4680 3401 .Hibiscus Street- Folio No. 01-4121-007-4690 3241 Hibiscus Street - Folio No. 01-4121-007-4700 3435 Hibiscus Street- Folio No. 01-4121-007-4460 3441 Hibiscus Street- Folio No. 01-4121-007-4710 3445 Hibiscus Street- Folio No. 01-4121-007-4720 3454 Thomas Avenue- Folio No. 01-4121-012-0240 3432 Grand Avenue- Folio No. 01-4121-007-4650 Centermidl0, LLC 3441 Thomas Avenue- Folio No. 01-4121-012-0230 George A. and Dazelle Simpson, Owners/GV Paradise Island LLC Contract Purchaser 3439 Thomas Avenue- Folio No. 01-4121-012-0220 City of Miami 3400 Grand Avenue- Folio No. 01-4121-007-4620 Christ Episcopal Church, Inc. - Owner/GV Paraclise Island LLC Contract Purchaser 3430 Thomas Avenue - Folio No. 01-4121-012-0280 3452 Thomas Avenue - Folio No. 01-4121-012-0260 Christ Protestant Episcopal Church, Inc. - Owner/GV Paradise Island LLC Contract Purchaser 3440 Thomas Avenue - Folio No. 01-4121-012-0270 3454 Elizabeth Street - Folio No. 01-4121-012-0290 MIA 180414289v1 May 15, 2010 Abaco Block GV Abaco LLC- Owner and Contract Purchaser 3335 Thomas Avenue - Folio No. 01-4121-012-0130 3353 Thomas Avenue - Folio No. 01-4121-012-0150 3341 Thomas Avenue - Folio No. 01-4121-012-0140 Grand Abaco Development of Village West Corp. - Owner/ GV Abaco LLC as Contract Purchaser 3384 Grand Avenue - Folio No. 01-4121-007-4610 3364 Grand Avenue - Folio No. 01-4121-007-4600 3354 Grand Inc.- Owner/ GV Abaco LLC as Contract Purchaser 3354 Grand Avenue- Folio No. 01-4121-007-4590 High Hopes, Inc.- Owner/ GV Abaco LLC as Contract Purchaser 3340 Grand Avenue - Folio No. 01-4121-007-4580 Grand Abaco Development II. Corp. - Owner/ GV Abaco LLC as Contract Purchaser 3330 Grand Avenue - Folio No. 01-4121-007-4570 3324 Grand Avenue - Folio No. 01-4121-007-4560 3320 Grand Avenue - Folio No. 01-4121-007-4550 3310 Grand Avenue - Folio No. 01-4121-007-4540 Shiela Bullard, Owner / GV Abaco LLC as Contract Purchaser 3363 Thomas Avenue - Folio No. 01-4121-012-0160 George & Dazelle Simpson, Owner / GV Abaco LLC as Contract Purchaser 3325 Thomas Avenue - Folio No. 01-4121-012-0120 Stirrup Properties, Inc. - Owner / GV Abaco LLC as Contract Purchaser 3315 Thomas Avenue - Folio No. 01-4121-012-0110 MIA 180;414,289v1 2-2-09 LEGAL DESCRIPTION: Lots 1 through 8 and 10 through 18, Block 24, LESS the South 10 feet thereof, of AMENDED PLAT OF THE FROW HOMESTEAD, according to the Plot thereof, os recorded in Plat Book B, Page 106, of the Public Records of Miami -Dade County, Florida_ (SHEET 3) AND Lots 1 through 18, Block 27, LESS the North 10 feet thereof, of AMENDED PLAT OF THE FROW HOMESTEAD, according to the Plat thereof. as recorded in Plot Book B, Page 106, of the Public Records of Miami --Dade County, Florida. (SHEET 4) AND Lots 1 through 3, 5, and 9 through 20, Block 23, LESS the South 10 feet thereof, of AMENDED PLAT OF THE FROW HOMESTEAD, according to the plat thereof, as recorded in Plat Book "B", Page 106, of the Public Records of Miami -Dade County, Florida. (SHEET 5) AND Lots 22 through 30, Lot A, and the West 1/2 Qf Lot 21, Block 28, AMENDED PLAT OF THE FROW HOMESTEAD, according to the Plot thereof, as recorded in Plat Book B, Page 106, of the Public Records of Miami -Dade County, Florida, LESS the North 10 feet and the West 1.50 feet of said Black 28. TOGETHER WITH Lots 18 through 22 of DE HEDOUVILLE'S SUBDIVISION, according to the Plat thereof, as recorded in Plat Book B, Page 150, of the Public Records of Miami-0ade County, Florida. (SHEET 6) AND Lots 31 and 32, Block 28 of AMENDED PLAT OF THE FROW HOMESTEAD. according to the plot thereof, as recorded in Plat Book "B", Page 106, of the Public Records of Miami --Dade County, Florida, LESS the West 1.50 feet of said Block 28. TOGETHER WITH Lots 23. 24. 25, 26 and 27, of DE HEDOUVILLE'S SUBDIVISION, according to the plat thereof, os recorded in Plot Book "B", Page 150, of the Public Records of Miami -Dade County, Florida. (SHEET 7) AND Lots 1, 2, 7. 8, 10 through 18, and the East 39.25 feet of Lot 3 Block 22, LESS the South 10 feet of said Lots 10 through 18, of AMENDED PLAT OF THE FROW HOMESTEAD, according to the Plot thereof, os recorded in Plat Book B, Page 106, of the Public Records of Miami -Dade County, Florida. (SHEET 8) AND The West 1/2 of Lot 11, LESS the North 10 feet and Lots 12 through 19. LESS the North 10 feet thereof, and the East 1/2 of Lot 20, LESS the North 10 feet thereof, of Block 28 of AMENDED PLAT OF THE PROW HOMESTEAD, according to the plat thereof. as recorded in Plat Book "fe, Page 106. Together with Lots 10 through 15 of DE HEDOUVILLE'S SUBDIVISION, according to the plot thereof, as recorded in Plat Book B, Page 150, both being recorded in the Public Records of Miami -Dade County, Florida. (SHEET 9) EXHIBIT B GROVE VILLAGE [S A SIX BLOCK MIXED USE DEVELOPMENT PROGRAM (SEE ATTACHE CHANT) FRONTING ON GRANT) AVENUE BETWEEN PLAZA AND MARGARET STREETS, REQUIRING A MAJOR USE SPECIAL PERMIT (MUSP) AS FURTHER DESCRIBED BELOW, FOR CLARITY AND CONSISTENCY PURPOSES, THE SITE PLAN IS LABELED BY BLOCKS AS FREEPORT, :BIMINI, ABACO, NASSAU, PARADISE ISLAND, AND GRAND BAHAMA. 1. ALL BLOCKS BETWEEN FLORIDA AVENUE ON THE NORTH AND THOMAS AVENUE ON THE SOUTH, BETWEEN PLAZA STREET ON THE WEST AND MARGARET STREET ON THE EAST. EXCLUSIVE OF THOSE LOTS INDICATED AS NOT PART ON THE SURVEY. 2. THE BLOCK BETWEEN THOMAS AVENUE ON THE NORTH AND WILLIAM AVENUE ON THE SOUTH, BETWEEN HIBISCUS STREET ON THE WEST AND ELIZABETH STREET ON THE EAST. CURRENT ZONING DESIGNATION FOR ALL SIX BLOCKS: (1) O, OFFICE (2) SD-2, COCONUT GROVE CENTRAL COMMERCIAL DISTRICT (3) R-1, SINGLE FAMILY RESIDENTIAL DISTRICT (4) R-2, TWO FAMILY RESIDENTIAL DISTRICTS (5) SD-28, VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT (6) NCD-3, COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT Please note that the blocks entitled, Abaco, Nassau, Paradise Island and Grand Bahama are being rezoned in connection with this MUSP application. However the blocks entitled Freeport and Bimini are not seeking a rezoning along with this MUSP application. PROPOSED RE -ZONING DESIGNATIONS FOR NASSAU, GRAND BAHAMA, ABACO AND PARADISE ISLAND (1) SD-2, COCONUT GROVE CENTRAL COMMERCIAL DISTRICT (NASSAU & GRAND BAHAMA) (3) C-1, RESTRICTED COMMERCIAL DISTRICT (PARADISE ISLAND AND ABBACO) ALL DESIGNATIONS INCLUDE AN SD-28, VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT AND AN NCD-3, COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT Pursuant to Zoning Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal for GROVE VILLAGE located as described above in Coconut Grove, Florida, has been submitted and reviewed to allow an application for Major Use Special Permit, subject to all applicable criteria; APPLICATION FOR MAJOR USE SPECIAL PERMIT SUBJECT TO COMPLIAN TH ZONING ORDINANCE 11.000 AND THE CITY CODE, AS AMENDED, AND TO ALL APPLICABLE CRITERIA, CONSIDERATIONS AND/OR OTHER REGULATIONS The proposed development "GROVE VILLAGE" will be comprised of six (6) mixed used buildings as shown in the attached Development Program. Note: • For the base development program, the project will provide 1,820 off-street parking spaces where 1,622 are required after applying parking reductions as per Section 917.7.1 on Nassau and Grand Bahama buildings, and Section 917.7.2 on Paradise Island and Abbaco buildings. Alternate developments will provide off-street parking as shown on plans. • For the base development program, the project will provide 263 residential units (4 SF, 18 TH, and 241 Multifamily), where 1,518 are allowed. Alternate developments will provide residential and hotel units as shown on plans. • For the base development program, the project will provide 284,800 square feet of residential space, 173,929 square feet of Retail space, and 247,532 square feet of Office space, where 779,632 square feet is allowed. Alternate developments will provide residential, hotel, retail and office space square feet as shown on plans. • Maximum height of all mixed used structures will be 62 feet 0 inches AGL at mid span between the roof ridge and eave (Freeport, Nassau, Grand Bahama, Bimini, and Abaco). • Maximum height of Paradise Island structure will be 82 feet 0 inches AGL at mid span between the roof ridge and eave. • Approval of this Major Use Special Permit is contingent upon the rezoning of the four designated blocks as proposed on MUSP application. • The Grove Village overall development capacity cannot exceed or fall short the following thresholds: 1. Maximum allowed density: 1,518 DU 2. Maximum allowed F.A.R: 799,750 SF 3. Minimum required Parking Spaces: 1,567 4. Minimum required Open Space: 74,319 SF MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. Section 1701, (1), to allow a residential development involving in excess of two hundred (200) dwelling units; MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. Section 1701, (2), to allow a non-residential development involving in excess of two hundred thousand (200,000) square feet of floor area; MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. Section 1701, (7), for any single use or combination of uses requiring or proposing to provide in excess of five hundred (500) off-street parking spaces; MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. Section 1701, (11), to allow a multi -phase development; SPECIAL EXCEPTION, as per ARTICLE 8, Section 803.6.3, to allow a large-scale retail establishment; SPECIAL EXCEPTION, as per ARTICLE 9, Section 917.7.2, to allow reduction 1n parking requirements for multifamily residential development when located in Community Revitalization Districts (CRD), particularly for blocks Paradise Island and :Bimini; THIS MAJOR USE SPECIAL PERMIT encompasses the following SPECIAL PERMITS and REQUESTS: CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 602.3.1, to allow new developments in SD-2 district; CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 628.3, to allow new developments in SD- 28 district; CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 903.1, to allow a project that is designed as a single site and it occupies lots divided by a street or alley; CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 922.4, to allow maneuvering of trucks on public rights -of -way with referral to Public Works Director; CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 908.2, to allow driveways of width greater than 25 feet; CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 927, to allow temporary structures, occupancies, and uses reasonably necessary for construction such as construction fence, covered walkway and if encroaching public property must be approved by other city departments; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 906.9, to allow temporary carnival, festival, fair or similar type event on privately owned or City -owned land such as a ground breaking ceremony; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 916.2.1, to allow parking for temporary special event such as ground breaking ceremonies; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 918.2, to allow temporary off-street offsite parking for construction crews working on a commercial -residential project under construction; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 920.1.2, to allow construction trailer(s) and other temporary construction offices such as watchman's quarters, leasing and sales centers; CLASS I SPECIAL PERMIT, as per ARTICLE 10, Section 10.6.3.2, SD-2 Coconut Grove Central Commercial District, Temporary Signs (3) , to allow temporary development signs; REQUEST, for waiver of CHAPTER 36 NOISE, Section 36-6 Construction Equipment (a) permitting the operation of construction equipment exceeding the sound level of a reading of 0.79 weighted average dBA at any time and/or day subject to the City Manager Exception pursuant to Section 36-6 (c) and all the applicable criteria; REQUEST for applicable MAJOR USE SPECIAL PERMIT, that the following conditions be required at the time of issuance of Shell Permit instead of at issuance of Foundation Permit: The requirement to record in the Public Records a Declaration of Covenants and/or Restrictions providing that the ownership, operation and maintenance of all common areas and facilities will be by the property owner and/or a mandatory property owner association; And the requirement to record in the Public Records a Unity of Title or a covenant in lieu of a Unity of Title. ncisc ii' G e' zalez Date oning ' lans ' eviewer We///-s" e" GROVE VILLAGE PROPOSED MIXED USE DEVELOPMENT PROGRAM 1. BASE DEVELOPMENT 2. ALTERNATIVE/ OPTION A FOR FREEPORT BLOCK 3. ALTERNATIVE/ OPTION B FOR BIMINI BLOCK 4. ALTERNATIVE/ OPTION C FOR BIMINI BLOCK Description Freeport (Base) (1.21) Freeport (Hotel) (1.21) Nassau (Base) (.86)* Grand Bahamas (Base) Bimini (Base) (1.01) ?imini f )liice) 21) Bimini (Residential) (1.21)** Paradise Island (Base) (1.72)** Abaco (Base) (1.72) Totals (Base) Totals (Hotel) Totals (Res) Totals (Office) Allowed/Req. Proposed Allowed/Req. Proposed Allowed/Req. Proposed Allowed/Req. Proposed Single Family 4 4 - - - - - 4 4 4 4 - Duplex/TH - - - - 0 - 10 1,514 18 - 18 18 Multi Family - - - - - 223 12 241 320 320 Hotel Rooms - K;; - - - - - - - - 84 - FAR S.F.R./ 7,872 7,872 10,054 9,973 9,973 35,213 17,926 7,872 14,953 9,973 14,953 FAR Multi -Family - - _ - _ - 94,648 244,921 21,953 744,419 266,874 - 146,807 94,648 146,806 FAR Ret./Rest. (SF) 33,281 33,281 27,264 20,587 19,256 60,441 56,244 20,572 52,969 173,929 33,281 56,244 60,441 FAR Office (SF) 48,230 - 60,800 51610 86,892 62,971 - - - 247,532 - - - 62,971 FAR Hotel (SF) - 35,216 - - - - - - - - 35,216 - - Parldng Spaces (S.F.R/ TH) 8 8 - - 8 12 - - 12 16 8 8 12 Parking Spaces 227 227 297 219 471 435 381 225 1,622 1,820 227 280 197 Loading 12x35 2 2 2 2 3 4 3 16 16 6 3 Loading 12x55 - - - - - - - - - - - - - * Nassau (Base) - Denotes 90% of of 294 spaces required = 265 spaces (As per 917.7.1) * Grand Bahamas (Base) - Denotes 90% of of 233 spaces required = 210 spaces (As per 917.7.1) ** Paradise Island (Base) / Bimini (Residential) - Requires Special Exception (As per Section 917.7.2) S IISIHXE i -D,A AVE FREEPORT BLOCK ,. 111 GR`ND AVE MAS AVE 0 62.5 125 250 Feet I I I I 1 1 1 1 1 —. , — "Exhibit C" NASSAU BLOCK ,A._WILLI FLORIDA AVE GRAND BAHAMA BLOCK w r rrs . f co N THOMAS AV J ' Grove Village MUSP