HomeMy WebLinkAboutR-11-0538City of Miami
Legislation
Resolution: R-11-0538
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-00166mu Final Action Date: 12/15/2011
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 PLAZAAND MARGARET STREETS, MORE SPECIFICALLY IDENTIFY
HEREIN AS EXHIBIT "A", FOR A 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
City of Miami
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proposed 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
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(1) Respond to the physical contextual
environment taking into consideration
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;
(3) Create a transition in bulk and scale;
Yes Yes*
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: Applicability Compliance
(1) Promote pedestrian interaction;
(2) Design facades that respond
primarily to the human scale;
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
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enhance the project.
Yes Yes*
V) Vehicular Access and Parking: Applicability Compliance
(1) Design for pedestrian and vehicular
safety to minimize conflict points; Yes Yes*
(2) Minimize the number and width of
driveways and curb cuts;
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 N/A*
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(3) Orient outside lighting to minimize
glare to adjacent properties;
N/A N/A*
(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:
(1) For modifications of nonconforming
structures, no increase in the degree
of nonconformity shall be allowed;
(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
Applicability Compliance
N/A
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
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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;
(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. The Major Use Special Permit Development Order for the PROJECT is granted and
issued.
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
City of Miami
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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.
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 approximate)
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 Dwellir
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;
City of Miami
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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:
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
City of Miami
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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.
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
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
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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
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 agreementfor the subject property; said agreement
shall be subject to the review and approval of the City Attorney'sOffice.
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
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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 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, 1) 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
City of Miami
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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
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
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File Number: 08-00166mu Enactment Number: R-11-0538
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.
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.
Footnotes:
City of Miami Page 13 of 14 File Id: 08-00166nm (Version: 3) Printed On: 10/26/2017
File Number: 08-00166mu Enactment Number: R-11-0538
{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 14 of 14 File Id: 08-00166mu (Version: 3) Printed On: 10/26/2017