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HomeMy WebLinkAbout2024-061-2134_-_Vista_Verde_Apartment_Homes_WaiverRESOLUTION NO. 2024-061-2134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICANT, BARR VILLAS LLC, WAIVER TO ALLOW MULTIFAMILY APARTMENTS TO BE CONSTRUCTED ON INDIVIDUALLY PLATTED TOWNHOME LOTS, ATTACHED HERETO AS EXHIBIT “C”; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant, Barr Villas LLC, proposes to construct 54 multifamily apartments on 27 vacant townhome lots, located at NW 38th Avenue between NW 213th Terrace and NW 215th Street as shown in Exhibit “A”, and WHEREAS, the lots are within the R-15, Multiple Family Dwelling zoning district and were platted as the ‘First Addition to Vista Verde Townhouse, Section E’ on July 8, 1987, and WHEREAS, since that time, the lots have remained vacant as the intended townhomes were never built, and WHEREAS, the applicant is requesting a waiver of Section 34-288(41)(b) which requires townhomes to be constructed on individually platted townhome lots, due to the size of the lots and in order to construct the proposed multi-family development Vista Verde Apartment Homes as shown in Exhibit “B”, and WHEREAS, the City Council considered the testimony of the Applicant, if any, and the Staff Report attached hereto as Exhibit “C” and incorporated by reference, and WHEREAS, it is recommended that the City Council approve the waiver allowing multi-family apartments to be constructed on individually platted townhome lots, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AS FOLLOWS: Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens hereby approves the applicant, Barr Villas LLC, waiver to allow Multifamily Apartments to be constructed on individually platted townhome lots, attached hereto as Exhibit “C”. Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. DocuSign Envelope ID: 7C5135D1-11D8-4F22-944E-BB57AC59FAA7 Page 2 of 2 Resolution No. 2024-061-2134 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON APRIL 24, 2024. ________________________________ RODNEY HARRIS, MAYOR ATTEST: ________________________________ MARIO BATAILLE, CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY SPONSORED BY: CAMERON BENSON, CITY MANAGER Moved by: Councilman Leon Seconded by: Councilwoman Julien VOTE: 6-0 Mayor Harris Yes Vice Mayor Wilson Yes Councilwoman Campbell Yes Councilwoman Ighodaro Yes Councilwoman Julien Yes Councilman Leon Yes Councilwoman Stephens, III Absent DocuSign Envelope ID: 7C5135D1-11D8-4F22-944E-BB57AC59FAA7 City of Miami Gardens Agenda Cover Memo Meeting: City Council - Apr 24 2024 24-061 Department Planning & Zoning Department Sponsored By City Manager Agenda Item Title A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICANT, BARR VILLAS LLC, WAIVER TO ALLOW MULTIFAMILY INDIVIDUALLY ON CONSTRUCTED BE TO APARTMENTS PLATTED TOWNHOME LOTS, ATTACHED HERETO AS EXHIBIT “C”; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary The applicant, Barr Villas LLC, proposes to construct 54 multifamily apartments on 27 vacant townhome lots, located at NW 38th Avenue between NW 213th Terrace and NW 215th Street as shown in 'Exhibit A'. The lots are within the R-15, Multiple Family Dwelling zoning district and were platted as the ‘First Addition To Vista Verde Townhouse, Section E’ on July 8, 1987. Since that time, the lots have remained vacant as the intended townhomes were never built. requires which 34-288(41)(b) Section of requesting a is applicant The waiver townhomes to be constructed on individually platted townhome lots, due to the size of the lots and in order to construct the proposed multi-family development Vista Verde Apartment Homes as shown in Exhibit B. Fiscal Impact There is no fiscal impact to the budget. Recommended Action It is recommended that the City Council approve the waiver allowing multi-family apartments to be constructed on individually platted townhome lots. Attachments Resolution 2024 - Approving waiver Vista Verde Apartment Homes Exhibit A - Survey and Legal Description Exhibit B - Conceptual Master Plan EXHIBIT C - Staff Report, Vista Verde Apartment Homes Waiver EXHIBIT A – SURVEY & LEGAL DESCRIPTION 11714807-1 Exhibit A Property 1. 34-1132-020-0455 2. 34-1132-020-0010 3. 34-1132-020-0020 4. 34-1132-020-0030 5. 34-1132-020-0400 6. 34-1132-020-0390 7. 34-1132-020-0380 8. 34-1132-020-0370 9. 34-1132-020-0440 10. 34-1132-020-0430 11. 34-1132-020-0420 12. 34-1132-020-0410 13. 34-1132-020-0070 14. 34-1132-020-0060 15. 34-1132-020-0050 16. 34-1132-020-0040 17. 34-1132-020-0110 18. 34-1132-020-0100 19. 34-1132-020-0090 20. 34-1132-020-0080 21. 34-1132-020-0310 22. 34-1132-020-0300 23. 34-1132-020-0290 24. 34-1132-020-0280 25. 34-1132-020-0150 26. 34-1132-020-0140 27. 34-1132-020-0130 28. 34-1132-020-0120 Digitally signed by Enrique H Pousada Date: 2021.11.12 11:54:51 -05'00' BARR VILLAS LLC Waiver of Requirement to Construct Townhomes on Individually Platted Townhome Lots CVAR-2023-001003 EXHIBIT B CONCEPTUAL MASTER PLAN Vista Verde Apartment HomesSITE PLAN REVIEW 03/05/2024Job # 22141MIAMI GARDEN, FLORIDAPROJECT LOCATIONCOVERARCHITECTURALSITE IMAGES & CONTEXT MAPZONING DATASITE DIAGRAMSITE DETAILSCOLOR SITE PLANSITE PLANPARTIAL BLDG TYPE "A" FLOOR PLANPARTIAL BLDG TYPE "B" FLOOR PLANPARTIAL DOG PARK & GARAGE FLOOR PLANTYPE "A" & "B" BUILDING PLANSTYPE "A" UNIT FLOOR PLANTYPE "B" UNIT FLOOR PLANGARAGE FLOOR PLAN & ELEVATIONSTYPE "A" BUILDING ELEVATIONSTYPE "B" BUILDING ELEVATIONSTYPE "A" RENDERINGTYPE "B" RENDERINGPROJECT INDEXA0.01A0.02A0.03A0.04A1.01A1.02A1.03A1.04A1.05A1.06A1.07A1.08A1.09A2.01A2.02A3.01A3.02architects4955 SW 75TH AvenueMiami, Florida 33155T. 786.879.8882F. 786.350.1515www.modisarchitects.comCopyright 2022 MODIS ARCHITECTS, LLC ALL RIGHTS RESERVEDCLANDSCAPECONCEPT LANDSCAPE PLANCONCEPT LANDSCAPE PLANCL-1CL-2PROJECT LOCATION Building Type "A" RenderingSCALE: 1/8"=1'-0"revisions :seal :4955 SW 75th Avenue t.786.879.8882 Miami, Florida 33155 f. 786.350.1515 Florida Corp.AA#26001777 e.MODIS@MODISarchitects.com U F K L W H F WD Vproject info :THIS DRAWING IS THE PROPERTY OF MODIS ARCHITECTS, LLC AND IS NOT TO BE REPRODUCED OR COPIED IN WHOLE OR IN PART WITHOUT THE PRIOR WRITTEN CONSENT OF MODIS ARCHITECTS, LLC. THIS DRAWING IS ONLY TO BE USED FOR THE PROJECT AND SITE SPECIFICALLY IDENTIFIED HEREIN AND IS NOT TO BE USED FOR ANY OTHER PROJECT. SCALES ARE AS STATED. THE CONTRACTOR SHALL CAREFULLY REVIEWALL DIMENSIONS AND CONDITIONS SHOWN HEREON AND AT ONCE NOTIFY THE ARCHITECT AS TO ANY ERRORS, OMISSIONS, AND/OR INCONSISTENCIES HE/SHE MAY DISCOVER. COPYRIGHT © 2018 MODIS ARCHITECTS, LLC Copyright © 2016 | MODIS ARCHITECTS, LLC | All Rights Reserved | M:\MODIS - Drawings\2022 - Drawings\22141 - Vista Verde Townhomses - Barr Holdings, LLC\Design\07-Schematic Design 7 Resubmittal 2024-02-15\03-ARCH Drawings\22141-A301 Type A Renderings.dwg ROBERT K. MORISETTE, AIA, NCARB, LEED AP BD+C, CDPFLORIDA REGISTERED ARCHITECT # AR 93259project number :proj. manager :drawing scale :phase :sheet number :drawing data :drawing date :drawn by :Vista Verde Apartment Homes Miami Gardens, Florida03-05-2024Site Plan Resubmittal#22141SLSDRAWN BYAs Shown03/05/2024Site Plan ReviewTYPE "A"RENDERINGA3.01 Building Type "B" RenderingSCALE: 1/8"=1'-0"revisions :seal :4955 SW 75th Avenue t.786.879.8882 Miami, Florida 33155 f. 786.350.1515 Florida Corp.AA#26001777 e.MODIS@MODISarchitects.com U F K L W H F WD Vproject info :THIS DRAWING IS THE PROPERTY OF MODIS ARCHITECTS, LLC AND IS NOT TO BE REPRODUCED OR COPIED IN WHOLE OR IN PART WITHOUT THE PRIOR WRITTEN CONSENT OF MODIS ARCHITECTS, LLC. THIS DRAWING IS ONLY TO BE USED FOR THE PROJECT AND SITE SPECIFICALLY IDENTIFIED HEREIN AND IS NOT TO BE USED FOR ANY OTHER PROJECT. SCALES ARE AS STATED. THE CONTRACTOR SHALL CAREFULLY REVIEWALL DIMENSIONS AND CONDITIONS SHOWN HEREON AND AT ONCE NOTIFY THE ARCHITECT AS TO ANY ERRORS, OMISSIONS, AND/OR INCONSISTENCIES HE/SHE MAY DISCOVER. COPYRIGHT © 2018 MODIS ARCHITECTS, LLC Copyright © 2016 | MODIS ARCHITECTS, LLC | All Rights Reserved | M:\MODIS - Drawings\2022 - Drawings\22141 - Vista Verde Townhomses - Barr Holdings, LLC\Design\07-Schematic Design 7 Resubmittal 2024-02-15\03-ARCH Drawings\22141-A302 Type B Renderings.dwg ROBERT K. MORISETTE, AIA, NCARB, LEED AP BD+C, CDPFLORIDA REGISTERED ARCHITECT # AR 93259project number :proj. manager :drawing scale :phase :sheet number :drawing data :drawing date :drawn by :Vista Verde Apartment Homes Miami Gardens, Florida03-05-2024Site Plan Resubmittal#22141SLSDRAWN BYAs Shown03/05/2024Site Plan ReviewTYPE "B"RENDERINGA3.02 11267565271675275BBuilding Type "A" Front Elevation SCALE: 3/16"=1'-0"ABuilding Type "A" Side Elevation SCALE: 3/16"=1'-0"443341235674WHITE CHRISTMASPOINT - BEMJAMIN MOOREHEX #ECEEEARGB (236, 238, 234)BROWN TEEPEE (2102-40)POINT - BENJAMIN MOOREHEX #A77F78RGB (167,127,120)KENDALL CHARCOAL (HC-166)POINT - BENJAMIN MOOREHEX #676662RGB (103, 102, 98)STONE HARBOR (2111-50)POINT - BENJAMIN MOOREHEX #B4AFA8RGB (180, 175, 188)LIMESTONEFLAT CEMENT TILEDECORATIVE ALUMINUMBRACKETrevisions :seal :4955 SW 75th Avenue t.786.879.8882 Miami, Florida 33155 f. 786.350.1515 Florida Corp.AA#26001777 e.MODIS@MODISarchitects.com U F K L W H F WD Vproject info :THIS DRAWING IS THE PROPERTY OF MODIS ARCHITECTS, LLC AND IS NOT TO BE REPRODUCED OR COPIED IN WHOLE OR IN PART WITHOUT THE PRIOR WRITTEN CONSENT OF MODIS ARCHITECTS, LLC. THIS DRAWING IS ONLY TO BE USED FOR THE PROJECT AND SITE SPECIFICALLY IDENTIFIED HEREIN AND IS NOT TO BE USED FOR ANY OTHER PROJECT. SCALES ARE AS STATED. THE CONTRACTOR SHALL CAREFULLY REVIEWALL DIMENSIONS AND CONDITIONS SHOWN HEREON AND AT ONCE NOTIFY THE ARCHITECT AS TO ANY ERRORS, OMISSIONS, AND/OR INCONSISTENCIES HE/SHE MAY DISCOVER. COPYRIGHT © 2018 MODIS ARCHITECTS, LLC Copyright © 2016 | MODIS ARCHITECTS, LLC | All Rights Reserved | M:\MODIS - Drawings\2022 - Drawings\22141 - Vista Verde Townhomses - Barr Holdings, LLC\Design\07-Schematic Design 7 Resubmittal 2024-02-15\03-ARCH Drawings\22141-A201 Type A Elevations.dwg ROBERT K. MORISETTE, AIA, NCARB, LEED AP BD+C, CDPFLORIDA REGISTERED ARCHITECT # AR 93259project number :proj. manager :drawing scale :phase :sheet number :drawing data :drawing date :drawn by :Vista Verde Apartment Homes Miami Gardens, Florida03-05-2024Site Plan Resubmittal#22141SLSDRAWN BYAs Shown03/05/2024Site Plan ReviewTYPE "A"ELEVATIONSA2.01 1126756527DBuilding Type "B" Front Elevation SCALE: 3/16"=1'-0"CBuilding Type "B" Side Elevation SCALE: 3/16"=1'-0"116755244333341235674WHITE CHRISTMASPOINT - BEMJAMIN MOOREHEX #ECEEEARGB (236, 238, 234)BROWN TEEPEE (2102-40)POINT - BENJAMIN MOOREHEX #A77F78RGB (167,127,120)KENDALL CHARCOAL (HC-166)POINT - BENJAMIN MOOREHEX #676662RGB (103, 102, 98)STONE HARBOR (2111-50)POINT - BENJAMIN MOOREHEX #B4AFA8RGB (180, 175, 188)LIMESTONEFLAT CEMENT TILEDECORATIVE ALUMINUMBRACKETrevisions :seal :4955 SW 75th Avenue t.786.879.8882 Miami, Florida 33155 f. 786.350.1515 Florida Corp.AA#26001777 e.MODIS@MODISarchitects.com U F K L W H F WD Vproject info :THIS DRAWING IS THE PROPERTY OF MODIS ARCHITECTS, LLC AND IS NOT TO BE REPRODUCED OR COPIED IN WHOLE OR IN PART WITHOUT THE PRIOR WRITTEN CONSENT OF MODIS ARCHITECTS, LLC. THIS DRAWING IS ONLY TO BE USED FOR THE PROJECT AND SITE SPECIFICALLY IDENTIFIED HEREIN AND IS NOT TO BE USED FOR ANY OTHER PROJECT. SCALES ARE AS STATED. THE CONTRACTOR SHALL CAREFULLY REVIEWALL DIMENSIONS AND CONDITIONS SHOWN HEREON AND AT ONCE NOTIFY THE ARCHITECT AS TO ANY ERRORS, OMISSIONS, AND/OR INCONSISTENCIES HE/SHE MAY DISCOVER. COPYRIGHT © 2018 MODIS ARCHITECTS, LLC Copyright © 2016 | MODIS ARCHITECTS, LLC | All Rights Reserved | M:\MODIS - Drawings\2022 - Drawings\22141 - Vista Verde Townhomses - Barr Holdings, LLC\Design\07-Schematic Design 7 Resubmittal 2024-02-15\03-ARCH Drawings\22141-A202 Type B Elevations.dwg ROBERT K. MORISETTE, AIA, NCARB, LEED AP BD+C, CDPFLORIDA REGISTERED ARCHITECT # AR 93259project number :proj. manager :drawing scale :phase :sheet number :drawing data :drawing date :drawn by :Vista Verde Apartment Homes Miami Gardens, Florida03-05-2024Site Plan Resubmittal#22141SLSDRAWN BYAs Shown03/05/2024Site Plan ReviewTYPE "B"ELEVATIONSA2.02 Color Site Plan - Site Amenities SCALE: N.T.S.revisions :seal :4955 SW 75th Avenue t.786.879.8882 Miami, Florida 33155 f. 786.350.1515 Florida Corp.AA#26001777 e.MODIS@MODISarchitects.com U F K L W H F WD Vproject info :THIS DRAWING IS THE PROPERTY OF MODIS ARCHITECTS, LLC AND IS NOT TO BE REPRODUCED OR COPIED IN WHOLE OR IN PART WITHOUT THE PRIOR WRITTEN CONSENT OF MODIS ARCHITECTS, LLC. THIS DRAWING IS ONLY TO BE USED FOR THE PROJECT AND SITE SPECIFICALLY IDENTIFIED HEREIN AND IS NOT TO BE USED FOR ANY OTHER PROJECT. SCALES ARE AS STATED. THE CONTRACTOR SHALL CAREFULLY REVIEWALL DIMENSIONS AND CONDITIONS SHOWN HEREON AND AT ONCE NOTIFY THE ARCHITECT AS TO ANY ERRORS, OMISSIONS, AND/OR INCONSISTENCIES HE/SHE MAY DISCOVER. COPYRIGHT © 2018 MODIS ARCHITECTS, LLC Copyright © 2016 | MODIS ARCHITECTS, LLC | All Rights Reserved | M:\MODIS - Drawings\2022 - Drawings\22141 - Vista Verde Townhomses - Barr Holdings, LLC\Design\07-Schematic Design 7 Resubmittal 2024-02-15\03-ARCH Drawings\22141-A101 Colored Site Plan.dwg ROBERT K. MORISETTE, AIA, NCARB, LEED AP BD+C, CDPFLORIDA REGISTERED ARCHITECT # AR 93259project number :proj. manager :drawing scale :phase :sheet number :drawing data :drawing date :drawn by :Vista Verde Apartment Homes Miami Gardens, Florida03-05-2024Site Plan Resubmittal#22141SLSDRAWN BYAs Shown03/05/2024Site Plan ReviewCOLOR SITEPLANA1.01 Zoning & Project Data Sec 34-342Parking RequirementsBuilding Type Unit DataBuilding DataSec 34-342 Table 4DescriptionRequired/ PermittedProvidedProperty Zoning:Proposed Zoning -R-15 MultifamilyRequired/ PermittedProvidedLot AreaFolio #34-1132-020-0455164,657 sf3.78 AcresRequired/ PermittedProvidedLot and Density ParametersLot Coverage60% Max.22.21%98,794 sf36,575 sfMinimum dimensions perdevelopment site10,000 s.f.164,657 SFLot frontage, minimum100'-0"209'-0"Lot frontage, minimum (corner lotsand townhome end lots)100'-0"N/ALot area (net), minimum10,000 sfDensity, maximum (net)15 du/ac (56 Units)54 UnitsLot Coverage and Permitted Impervious AreasLot coverage principal building60 max.35.80%Required front yardN/AN/ALot coverage (accessory buildingwithin required rear yard)N/AN/ARear yardN/AN/AMaximum HeightPrincipal building(s)R-15: 40 ft./3 Stories24'-0" / 2 StoryAccessory building(s)20 ftN/APrincipal Building Size,Setbacks and SpacingBuilding length (maximum)Greater than 150 ft. requires administrativefor massing and articulation104'-0"Front setback (minimum)25 ft.25'-0"Rear setback (minimum)25 ft.25'-0"Interior side setback (minimum)15 ft.15'-0"Side street setback (minimum)20 ft.N/ABetween accessory building and anyother Building (minimum)20 ft.20'-0"Accessary Building Setbacks and SpacingFront setback (minimum)25 ft.25'-0"Rear setback (minimum)5 ft.5'Interior side setback (minimum)15 ft.15'-0"Side street setback (minimum)20 ft.N/ABetween accessory building and anyother Building (minimum)20 ft.20'-0"Minimum Landscape and buffering StandardsOpen Space 20% based on net LotArea164,657 sf32,931 sf62,477 sf20%37.94%Unit InformationType AUnit A1Unit A2Unit B1Unit B2Total Units1,196 sf1,303 sf963 sf1,022 sfLevel 120103Level 202013Sub Total2 Units2 Units1 Units1 Units6 UnitsType BUnit A1Unit A2Unit B1Unit B2Total Units1,196 sf1,303 sf963 sf990 sfLevel 120204Level 202024Sub Total2 Units2 Units2 Units2 Units8 UnitsGarageGarage Building9 BaysTotal Building AreaMultifamily BldgBldgNo. of UnitTotal Bldg SFType A Bldg - 16 Units7,497 sfType B Bldg - 28 Units9,996 sfType B Bldg - 38 Units9,996 sfType B Bldg - 48 Units9,996 sfType B Bldg - 58 Units9,996 sfType B Bldg - 68 Units9,996 sfType B Bldg - 78 Units9,996 sfSub-Total54 UnitsTotal Building Area67,473 sfGarage DataNo of BldgSq Ft per Bldgtotal SFGarage Bldg3 Garage Bldg7962,388 sfTotal Site Bldg Area69,861 sfUnit Information (Sec. 34-342 Table 4)Minimum Ubit SizeMinimum Dwelling Unit Size800 sfLevel 1 Unit A11,196 sfLevel 2 Unit A21,196 sfLevel 1 Unit B1963 sfLevel 2 Unit B21,022 sfAverage Unit SizeAverage Unit Size per Multi-Family Development950 sfAverage Unit Size1,094 sfMultifamily Parking RequirementsUnitsRequiredProvidedMultifamily Apt54 DU2.00 SP/DU108 spacesSub-Total108 spacesGuest Parking .25 /DU.25 Sp/Du14 spacesSub-Total122 spacesParking ProvidedStandardHCSurface Parking122 sp5 sp127 spTotal Parking Provided122 spaces127 spacesGarage parking9 sp9 spAccessory UseGarage Parking is excluded for Required / Provided Parkingrevisions :seal :4955 SW 75th Avenue t.786.879.8882 Miami, Florida 33155 f. 786.350.1515 Florida Corp.AA#26001777 e.MODIS@MODISarchitects.com r c h i t e c ta sproject info :THIS DRAWING IS THE PROPERTY OF MODIS ARCHITECTS, LLC AND IS NOT TO BE REPRODUCED OR COPIED IN WHOLE OR IN PART WITHOUT THE PRIOR WRITTEN CONSENT OF MODIS ARCHITECTS, LLC. THIS DRAWING IS ONLY TO BE USED FOR THE PROJECT AND SITE SPECIFICALLY IDENTIFIED HEREIN AND IS NOT TO BE USED FOR ANY OTHER PROJECT. SCALES ARE AS STATED. THE CONTRACTOR SHALL CAREFULLY REVIEWALL DIMENSIONS AND CONDITIONS SHOWN HEREON AND AT ONCE NOTIFY THE ARCHITECT AS TO ANY ERRORS, OMISSIONS, AND/OR INCONSISTENCIES HE/SHE MAY DISCOVER. COPYRIGHT © 2018 MODIS ARCHITECTS, LLC Copyright © 2016 | MODIS ARCHITECTS, LLC | All Rights Reserved | M:\MODIS - Drawings\2022 - Drawings\22141 - Vista Verde Townhomses - Barr Holdings, LLC\Design\07-Schematic Design 7 Resubmittal 2024-02-15\03-ARCH Drawings\22141-A002 Zoning Data.dwg ROBERT K. MORISETTE, AIA, NCARB, LEED AP BD+C, CDPFLORIDA REGISTERED ARCHITECT # AR 93259project number :proj. manager :drawing scale :phase :sheet number :drawing data :drawing date :drawn by :Vista Verde Apartment Homes Miami Gardens, Florida03-05-2024Site Plan Resubmittal#22141SLSDRAWN BYAs Shown03/05/2024Site Plan ReviewZONINGDATAA0.02 BARR VILLAS LLC Waiver of Requirement to Construct Townhomes on Individually Platted Townhome Lots CVAR-2023-001003 EXHIBIT C STAFF REPORT BARR VILLAS LLC Waiver of Requirement to Construct Townhomes on Individually Platted Townhome Lots CVAR-2023-001003 STAFF RECOMMENDATION CVAR-2023-001003 APPLICATION INFORMATION Applicant: Barr Villas LLC Future Land Use: Neighborhood Existing Zoning: R-15 Multiple Family Dwelling Location: NW 38th Ave between NW 213th Ter & NW 215th St Requested Action(s): Waiver to Allow Multifamily Apartments to be Constructed on Individually Platted Townhome Lots, Where Townhomes are Required to be Constructed per Section 34-288(41)(b) RECOMMENDATION: It is recommended that the City Council approve the request for the Vista Verde Apartment Homes to allow multi-family apartments to be constructed on individually platted townhome lots, where townhomes are required to be constructed per Section 34-288(41)(b). REVIEW AND ANALYSIS: Neighborhood Land Use Characteristics Property Future Land Use Designation Zoning Classification Existing Use Site Neighborhood R-15, Multiple Family Dwelling Vacant North Neighborhood R-15, Multiple Family Dwelling Peoples Gas Utility South Neighborhood R-15, Multiple Family Dwelling Townhomes East Neighborhood NC, Neighborhood Commercial Place of Religious Assembly West Neighborhood R-15, Multiple Family Dwelling Townhomes Project Summary/Background The subject property is located within the R-15, Multiple Family Dwelling zoning district and was platted as the ‘First Addition To Vista Verde Townhouse, Section E’ on July 8, 1987. The site was platted with the intent to accommodate 27 individual townhome units, each on its own separate parcel. Since that time, the site has remained vacant. The applicant, Barr Villas LLC, proposes to construct multifamily apartments on the site for a total of 54 dwelling units. As the site was originally intended as townhomes, and whereas the City Code of Ordinances requires townhomes to be constructed on individually platted lots per Section 34-288(41)(b), the applicant is requesting a waiver of the requirement in order to construct multifamily apartments on individually platted townhome lots. BARR VILLAS LLC Waiver of Requirement to Construct Townhomes on Individually Platted Townhome Lots CVAR-2023-001003 Section 34-288(41)(b) REVIEW AND ANALYSIS: The City Council may grant variances and waivers subject to the property meeting the criteria set forth in Section 34-47 of the City’s Land Development Regulations (LDR): Sec. 34-47. - Granting of variances and waivers. (h) Criteria for granting variances. Upon appeal or direct application in specific cases to hear and grant applications for non-use variances and waivers of this chapter, when authorized, the zoning appeals board may grant approval, approval with conditions of the application upon showing by the applicant that the non-use variance or waiver that all the following have been met: (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. (3) The alleged difficulty or hardship was not deliberately created to establish a use or structure which is not otherwise consistent with this Code. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. (6) The variance request is the minimum variance that will make possible the reasonable use of the land, building, or structure; (7) The granting of the variance request will be in harmony with the general intent and purpose of these regulations and the comprehensive plan; (8) Nonconforming use of neighboring lands, structures, or buildings in the same zoning district, and the permitted use of lands, structures, or buildings in other zoning districts, shall not be considered grounds for the authorization of a variance; and (9) Financial hardship is not the only evidence of a hardship considered in the authorization of a variance. BARR VILLAS LLC Waiver of Requirement to Construct Townhomes on Individually Platted Townhome Lots CVAR-2023-001003 Staff Comment 1. The property is physically unique in that it is the only section of townhomes in the Vista Verde community that was never built out. The property has remained vacant for almost 40 years. A strict adherence to the current regulations would prevent the applicant from improving the property through the construction of multi-family units. 2. As the remainder of the community is already built out, the waiver would not be applicable to properties in the surrounding area. 3. Multi-family is a permitted use consistent with the City of Code of Ordinances. The waiver strictly pertains to the lot size which was established almost 40 years thru the plat process, and was not deliberately created by the applicant. 4. The proposed waiver is not anticipated to be detrimental to the public health, welfare and safety or injurious to other properties or improvements within the vicinity. 5. The proposed waiver is not anticipated to substantially increase congestion nor diminish or impair property values. A fire inspection, building inspection, and Safecam connection are required as part of the permitting process in order to ensure public safely. As the property is currently undeveloped, the waiver will facilitate bringing the project to fruition which will increase property values within the vicinity once constructed, not diminish it. 6. The waiver is the minimum necessary in order to construct multi-family units on townhome lots. The applicant intends to meet all other requirements of the code of ordinances and no further variances requiring a public hearing are anticipated. 7. The property implements the “Neighborhood” land use category, providing for low and medium density residential development. The project reinforces the City's vision for a wide variety of housing choice and is in keeping with the intent and purpose of the City’s Code of Ordinances and Comprehensive Development Master Plan (CDMP). 8. Uses and non-conformities on adjacent properties were not considered as part of the analysis of this application. 9. Financial hardship was not considered as part of the analysis of this application. Consistency with City of Miami Gardens Comprehensive Development Master Plan (CDMP) The R-15 multiple-family dwelling residential district provides for use and occupancy of one- family attached and detached, two-family and multiple-family dwellings at low-medium densities, essential services and facilities, and select public and institutional uses. It implements the 7 to 15 units per acre range of the Neighborhood land use category within the CDMP. The subject property is consistent with the following CDMP Goals, Objectives and Policies: Policy 1.2.2: The Neighborhood land use designation shall provide for a variety of housing types and densities. Policy 2.1.2: Low-Medium Density Residential uses shall generally be limited to the Neighborhood land use designation. BARR VILLAS LLC Waiver of Requirement to Construct Townhomes on Individually Platted Townhome Lots CVAR-2023-001003 Low-Medium Density Residential densities shall range from 7 to 15 dwelling units per gross acre. This density will allow housing types such as zero lot line homes, townhouses and low-rise apartments with surrounding open space. Low-Medium Density Residential shall be limited to two (2) stories. Conclusion In summary, the granting of the waiver is not deemed to be detrimental to public health and welfare. Through the permitting process, the applicant will be required to obtain any necessary building permits and fire inspections, along with a connection to the real time crime center. If granted, the basic intent of the code and the CDMP will still be maintained. As such, the request is generally consistent with the intent of the Land Development Regulations and the Goals, Objectives and Policies of the Comprehensive Development Master Plan. Anticipated Facilities Impact There are no major impacts on infrastructure anticipated and review and evaluation of infrastructure capacity will be required prior to the issuance of any building permits. Public Notification/Comments Public notification of the application is in accordance with Sec. 34-46 (d) - Applications to the Zoning Appeals Board of the City’s Land Development Regulations. Attachments Attachment A – Aerial Map Attachment B – Zoning Map Attachment C – Land Use Map BARR VILLAS LLC Waiver of Requirement to Construct Townhomes on Individually Platted Townhome Lots CVAR-2023-001003 Attachment A AERIAL MAP SUBJECT PROPERTY SUBJECT PROPERTY BARR VILLAS LLC Waiver of Requirement to Construct Townhomes on Individually Platted Townhome Lots CVAR-2023-001003 Attachment B ZONING MAP SUBJECT PROPERTY SUBJECT PROPERTY BARR VILLAS LLC Waiver of Requirement to Construct Townhomes on Individually Platted Townhome Lots CVAR-2023-001003 Attachment C LAND USE MAP SUBJECT PROPERTY SUBJECT PROPERTY