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2011-104-1497-Z-109 - Approving the applications for the Commons Property City of Miami Gardens Zoning Agenda Memo Zoning Board Meeting Date: July 6, 2011 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading x Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: (Enter Fund & Dept) Advertising Requirement: Yes No x Contract/P.O. Required: Yes No RFP/RFQ/Bid #: X Strategic Plan Related: Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Strategic Plan Obj./Strategy: X N/A Sponsor Name: Dr. Danny Crew, City Manager Department: Planning and Zoning Department Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY FDIC AS RECEIVER FOR REPUBLIC FEDERAL BANK, FOR A VARIANCE OF SECTION 34‐342, TABLE 4 OF THE CITY’S LAND DEVELOPMENT REGULATIONS, TO ALLOW A MINIMUM MULTI‐FAMILY APARTMENT DWELLING UNIT SIZE SIZE OF 552 SQUARE FEET, WHERE A MINIMUM MULTI‐FAMILY APARTMENT DWELLING UNIT SIZE OF 800 SQUARE FEET IS REQUIRED; TO ALLOW AN AVERAGE MULTI‐FAMILY APARTMENT DWELLING UNIT SIZE OF 575 SQUARE FEET, WHERE AN AVERAGE MULTI‐FAMILY APARTMENT DWELLING UNIT SIZE OF 950 SQUARE FEET IS REQUIRED, RELATING TO PROPERTY MORE PARTICULARLY DESCRIBED ON EXHIBIT “A” ATTACHED HERETO; RELEASING THE DECLARATION OF RESTRICTIVE COVENANTS AS APPROVED BY RESOLUTION NO. 2006‐ 27‐373‐Z‐46, RECORDED IN OFFICIAL RECORDS BOOK 24827, PAGE 382 OF THE OFFICIAL RECORDS OF MIAMI DADE COUNTY, FLORIDA; AND APPROVING A NEW DECLARATION OF RESTRICTIVE COVENANTS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. ITEM 10A) RESOLUTION/PUBLIC HEARING Application submitted by FDIC The Commons Unit Size Variance PH‐2011‐000067 Staff Summary: Background In April 2010 the City adopted the Land Development Regulations (LDRs) which, in part, regulated the minimum multi‐family apartment dwelling unit sizes and the average multi‐family apartment dwelling unit sizes overall within a development. • Minimum size for one or more bedroom units is 800 square feet with an overall average of 950 square feet when all the units for the development are factored in. These regulations were adopted primarily to assure that all new residential development would be of a quality and standard consistent with market rate units and to avoid smaller units which lead to overly dense developments and congestion degrading the quality of life and housing standards that the City is striving to avoid. These unit size regulations are supported with multi‐family residential development design guidelines plus special housing management and maintenance conditions and stipulations that were also adopted as part of the City’s Land Development Regulations to assure quality residential developments. • The property was previously approved by Resolution 2006‐27‐373‐Z‐46 to allow a 154 unit townhouse development which also included the acceptance of a proffered Declaration of Restrictions on the development. That declaration included a $200,000 contribution to Buccaneer Park. • The development commenced but was abandoned with only partial improvement of water, sewer and paving infrastructure being completed on the property. Current Situation The applicant, FDIC as Corporation as Receiver of Republic Federal Bank, under contract with RUDG, LLC, and represented by Alan S. Kirscher, Esq. seeks approval to develop the partially improved 7.94 acre parcel of land located at southwest corner of N.W. 27 Avenue and N.W. 207 Street with an elderly multi‐family housing development of 189 units; to be followed with the future development of a mix use market rate multi‐family housing and commercial development on the remainder of the property. property. • The elderly housing phase of the development proposes 165 one bedroom units and 24 two bedroom units with a minimum unit size of 552 square feet and an average unit size of 575 square feet. The requested reduced minimum unit size and average size requires the granting of variances to allow the development to proceed as proposed. • Additional development phases will be a mix use residential commercial development in accordance to the property’s Planned Corridor Development zoning designation (PCD) that will be subject to the City’s Development Review Committee (DRC) review and administrative site plan review. • The proposed 189 elderly housing development and future mix use development requires that the Declaration of Restrictions proffered with the previous townhouse development approval in 2006 be released thereby abandoning the previous approval, plans and stipulations for development. City staff is requiring a new Declaration of Restrictive Covenant be proffered with the granting of the variances that will include the donation to Buccaneer Park. Proposed Action: Recommend that the Council approve a Resolution subject to the following conditions which are summarized: 1. That the Applicant proffer a Declaration of Restrictive Covenants (Exhibit “C”) containing the terms and conditions of the approval prior to issuance of a building permit on the property. 2. That the previously approved contribution to Buccaneer Park will be retained. The Commons Unit Size Variance PH‐2011‐000067 3. That 15 stipulations and conditions related to housing maintenance, leasing and other quality items be required to insure continued quality of maintenance and management of the development. 4. That, in addition to elderly housing phase, the project will include recreational and park amenities for residents, a commercial development site facing NW 27 Avenue and an additional market rate housing phase. Attachments: • Exhibit “A”, Legal Description • Exhibit “C”, Declaration of Restrictive Covenants • Exhibit “B”, Staff Recommendation The Commons Unit Size Variance PH‐2011‐000067 EXHIBIT “A” LEGAL DESCRIPTION The Commons Unit Size Variance PH‐2011‐000067 EXHIBIT “A” LEGAL DESCRIPTION Tract “A” Folio No. 34 11330030130 33 51 41 2.25 AC SUB OF PART OF PB 2-75 E625FT OF TR 35 LESS SNAKE CREEK CANAL R/W & LESS E175FT FOR R/W LOT SIZE IRREGULAR OR 12755-832 1185 5 Entire Tract Folio No. 34 11330030110 and Folio No. 34 11330030130 33 51 41 4.586 AC M/L SUB OF PART OF PB 2-75 E625FT OF TRS 33 & 34 LESS BEG 405FTW & 41.27FTS OF E1/4 COR OF SEC TH ELY 143.81FT SELY 124.03FT And; 33 51 41 2.25 AC SUB OF PART OF PB 2-75 E625FT OF TR 35 LESS SNAKE CREEK CANAL R/W & LESS E175FT FOR R/W LOT SIZE IRREGULAR OR 12755-832 1185 5 The Commons Unit Size Variance PH-2011-000067 EXHIBIT “B” STAFF RECOMMENDATION The Commons Unit Size Variance PH-2011-000067 STAFF RECOMMENDATION PH-2010-000067 APPLICATION INFORMATION Applicant: FDIC as Receiver for Republic Federal Bank Property Location: 20000 N.W. 27 Avenue Property Size: 7.94 acres Future Land Use: Commerce Existing Zoning: R-50, Multi-Family, PCD, Planned Corridor Development Requested Action(s): 1. Variance of section 34-342, Table 4 to allow a minimum multifamily apartment dwelling unit size of 552 square feet where a minimum multi-family apartment dwelling unit size of 800 square feet is required, on Tract “A”; 2. Variance of section 34-342, Table 4 to allow an average multifamily apartment dwelling unit size of 575 square feet where an average multi-family apartment dwelling unit size of 950 square feet is required, on Tract “A”; 3. The release of Declaration of Restrictions as proffered and adopted by City of Miami Gardens Resolution No. 2006-27-373-Z-46 as recorded in Official Records Book 24827, page 382 of Official Records of Miami-Dade County, Florida in accordance to section 34-52(e)(3)(a), on Entire Property. RECOMMENDATION: Staff recommends approval of the Resolution with conditions. The conditions are as follows: 1. Plans. That the plans submitted for building permit be substantially in compliance with plans submitted with this application titled “The Commons” as prepared by Modis Architects, consisting of cover sheet, sheets A2.1, A3.1, A3.2, A3.3, A4.1, A4.2, dated 05-18-11. 2. Landscape plans. That the applicant submit, obtain approval of a landscape plan from the Planning and Zoning Department prior to the issuance of building permit, said plans meeting the approval of the Planning and Zoning Department. 3. Variance. That the approval of the unit size variances shall be limited to and restricted to the property more specifically described as “Tract A” on the legal description. 4. Age. That the use of the property on “Tract A” shall be specifically limited to and restricted to elderly housing with the minimum age of residents being not less than 55 years of age. 5. Site plan approval required. That any future development of the property, not depicted on the submitted plans shall be subject to the City’s Development Review Committee (DRC) review; shall comply with the City’s Land Development Regulations and shall require Site Plan Approval from the Planning and Zoning Department prior to issuance of building permit on any future development. The Commons Unit Size Variance PH-2011-000067 6. Parking analysis required. That a parking analysis be submitted to and meeting the approval of the Planning and Zoning Department justifying the parking requirements for the elderly housing as required by the City’s LDRs within sixty (60) days of this approval or prior to issuance of building permit, whichever is earlier. 7. School concurrency. That the applicant complete and comply with any findings for school concurrency prior to the issuance of building permit. 8. Abandonment of previous approval. That the previously approved development by City Resolution No. 2006-27-373-Z-46 shall be considered abandoned and no vested rights shall be sought for any development rights previously granted. 9. Release of Declaration of Restrictions. That the terms and conditions of the Declaration of Restrictions as recorded in Official Records Book 24827, page 382 of Official Records of Miami-Dade County, shall be released with the proffering of a new Declaration of Restrictive Covenants. 10. Design standards multi-family residential. The elderly residential buildings and future residential buildings shall be subject to review of multi-family design standards as set forth in section 34-414 of the LDRs prior to site plan approval and issuance of building permit. 11. Design standards commercial development. The future commercial development shall be subject to review of the design standards for the Planned Corridor Development district as set forth in section 34-415 of the LDRs prior to site plan approval and issuance of building permit. 12. CPTED. The applicant shall provide the Planning and Zoning Department with an outline of the Crime Prevention Through Environmental Design (CPTED) strategy; said strategy shall meet the approval of the administrative official prior to issuance of building permit. 13. Sidewalks. The applicant shall provide the required 10’ wide sidewalk adjacent to the site along N.W. 27 Avenue or provide a contribution of funds in lieu of contribution in accordance to section 34-219 of the LDRs prior to issuance of building permit. 14. Pedestrian amenities. The applicant shall provide pedestrian amenities and interconnectivity throughout the entire development from N.W. 27 Avenue and N.W. 207 Street; which may include, but not limited to, crosswalks, bus shelters; signals; subject to site plan review approval. 15. Landscaping in right-of-ways. The applicant may be required to provide landscaping in the medians along N.W. 27 Avenue and N.W. 207 Street, meeting the approval of the Public Works Department; subject to site plan review approval. 16. Street lighting. The applicant shall provide street lights throughout the development, which may include, but not limited to adjacent to and proximate to the site; subject to site plan review approval. 17. Commencement of development. The development shall commence and maintain an active building permit maintained within 36 months of site plan approval, in accordance and subject to section 34-53 of the LDRs. 18. Construction fence, removal of construction debris and construction storage. Construction fence(s) shall be provided on the property under construction; all construction debris shall be removed from the property; and the storage of construction materials shall meet the approval of the Building Official. 19. Association required. The applicant shall provide the renter's or homeowners' association rules governing the development and the requirement to create such The Commons Unit Size Variance PH-2011-000067 association shall be required prior to the issuance of a certificate of use; said rules shall be subject to the approval of the Administrative Official, which shall include, but not limited to; a. rental and/or leasing restrictions and stipulations imposed upon renters, visitors and/or owners of residential units including but not limited to written approval of the owner or board of directors of the homeowners' association for renting/leasing, background check requirements, lease purchase provisions, related conditions relative timeframes, related stipulation for specific units, and any other similar or related provisions deemed appropriate and necessary to insure continued maintenance of the development; b. requirements to insure perpetual maintenance of common areas, including but not limited to recreational and landscaped areas, on the property as funded by the owner, homeowners' association or management; c. in-ground irrigation system installed, maintained, maintained, and operated to service all areas of the property; d. scheduled lawn mowing and pruning of landscape related to growing season; e. prohibiting of resident or guest vehicles on any public or private roads, lawns, or swale areas; f. prohibiting the enclosure of garages to create additional living space; g. prohibiting derelict or abandoned vehicles on the property; h. removal of graffiti within specified timeframe; i. fixing potholes within specified timeframe; j. repair of damage to perimeter fences or walls within specified timeframe; k. preventing the amount of impervious parking area in the front of any building or residential unit to be increased beyond that depicted on the submitted development plans; l. posting of operational and maintenance restrictions in open view in a common area or designated location at all times. 20. Scheduled painting. Applicant shall paint the exterior buildings, walls and other structures every ten (10) years from initial issuance of Certificate of Occupancy or earlier if deemed necessary by the Administrative Official. 21. Buccaneer Park improvements. Prior to the issuance of a certificate of use and occupancy for any improvements within the Property, the Owner shall make or cause to be made a contribution of the sum of $200,000.00 to the City of Miami Gardens Special Revenue Fund, to be specifically designated to pay for the park improvements at Buccaneer Park; said improvements to be determined by the City. 22. Declaration of Restrictive Covenants. That the applicant proffer a Declaration of Restrictive Covenant, on a form approved by the City Attorney, containing the terms and conditions of set forth with this approval; same be executed and recorded prior to issuance of building permit on the property. The Commons Unit Size Variance PH-2011-000067 REVIEW AND ANALYSIS: Neighborhood Land Use Characteristics Property Future Land Use Designation Zoning Classification Existing Use Site Commerce R-50, Multi-Family and PCD, Planned Corridor Development Vacant North Commerce PCD, Planned Corridor Development, ROW Commercial South Preservation Other Snake Creek Canal East Neighborhood R-1, Single Family Residential Single Family Residential West Neighborhood R-1, Single Family Residential Single Family Residential The subject property is partially improved with water, sewer and paving from an abandoned townhouse development, but with no building structures. The property directly to the south is the Snake Creek Canal while to the north is developed with a self storage facility. The Racetrack gas station is directly on the corner of N.W. 207 Street and N.W. 27 Avenue. To the east and west are developed with single family residences. Project Summary/Background • The property is under control of the FDIC as Corporation for Receiver for Federal Bank with a contract to purchase from RUDG, LLC to develop the 7.94 acres with elderly multifamily residential, and a mix use of market rate multi-family residential and commercial development. • The 189 unit elderly residential development is proposed on the 3.5 acre southern portion of the site, labeled as “Tract A”. • The elderly residential development consists of 165 one bedroom units and 24 two bedroom units, with an average unit size of 575 square feet; and a minimum unit size of 552 square feet. • The City’s Land Development Regulations (LDRs) requires an average unit size of 950 square feet and a minimum unit size of 800 square feet. The granting of the variances are required to allow the proposed development to proceed. • The development of the property is currently restricted by a recorded Declaration of Restrictions which limits the development to a previously approved 154 unit townhouse development. The release of the previously recorded Declaration of Restrictions is a procedural matter that is required to allow for the proposed elderly and mix-use development. The Commons Unit Size Variance PH-2011-000067 Zoning History On April 5, 2006 the City Council granted approval of Resolution No. 2006-27-373-Z-46 which approved a special exception and several non-use variances to permit a 154 unit townhouse development. As part of that approval a Declaration of Restrictions was proffered containing terms and conditions of the approval. Consistency with City of Miami Gardens Comprehensive Development Master Plan The subject parcel is designated Commerce on the adopted 2006-2016 Land Use Plan (LUP) Map of the Future Land Use Element (FLUE) of the Comprehensive Development Master Plan (CDMP) of the City of Miami Gardens. Objective 1.3 states: “The Commerce designation is intended for planned urban commercial, urban industrial, urban cultural and economic hubs. The Commerce areas shall include existing and planned activity centers that are primarily located along the City’s three major roadway corridors.” Policy 1.3.4 states: “The location of Commerce areas shall emphasize access to public transportation.” Policy 1.3.5 states: “Future development and redevelopment in Commerce areas shall be designed to provide attractive urban places to live, work, and shop”. Policy 1.3.6 states: “Uses that consistent with the Commerce land use category include mixed use developments such as Urban Center, Urban Core and Golden Glades-Palmetto Area, single use developments including Urban Commercial and Office, Urban Industrial, residential development including Medium Density Residential, Medium-High Density Residential, High Density Residential, and Very High Density Residential, plus Public and Semi-Public uses”. The proposed 189 unit elderly multi-family residential on the 3.5 acres will be part of an overall mix-use development with residential and commercial uses on the entire 7.94 acre property. The development is located on N.W. 27 Avenue, one of the City’s major arterials with access to public transportation and proposed as a mixed use medium-high density residential and commercial uses conducive with creating an urban place to live, work and shop. The medium-high density residential (25-50 units/acre) component of the development is not exceeded with the 189 units over the entire 7.94 acre site. The Commons Unit Size Variance PH-2011-000067 Conclusion: The proposed development is consistent with the goals and objectives of the CDMP. Zoning Review and Analysis The City Council may grant or deny approval of a variance and waiver request as set forth in Section 34-47(h) of the City’s Zoning and Land Development Code: 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 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) The Commons Unit Size Variance PH-2011-000067 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. In analyzing the proposed variance requests of the minimum unit size and average unit size for the multi-family residential development based on the criteria set forth above the following was considered: • The proposed elderly residential housing projects provides for 165 one bedroom units at 552 square feet and 24 two bedroom units at 732 square feet; where a minimum unit size of 800 square feet is required. The average unit size of the 189 units is 575 square feet; where a 900 square feet average unit size is required. The request for variance is limited and restricted to the 189 elderly housing units. To provide the minimum unit size and overall average unit size would require not just a mere inconvenience but much larger buildings and land area and where the housing units are adequately sized for the specific use as elderly housing the larger units the result providing the additional square footage would lead to an increase cost factor that would then result in a more expensive elderly housing unit. The additional costs would exclude many of the targeted elderly residences from acquiring or affording this specific type of housing. • Though the LDRs were adopted with minimum unit sizes and average unit sizes to specifically promote market rate quality and housing standards; the LDRs does not specifically distinguish between different types of market rate housing; in particular elderly housing type units. In this situation the variances are specific to the elderly housing on one portion of the property and the development will be balanced with market rate housing and commercial development on the remainder of the entire site that will be required to comply the minimum and average unit sizes, density, and other requirement of the LDRs. • The 189 elderly housing units are within the allowable residential density of the entire 7.94 acre site and the proposed reduction of the minimum unit sizes and average unit sizes and the anticipated dependency on public/private transportation versus private vehicles do not create any additional traffic congestion so no additional detrimental impacts on the surrounding area and improvements is anticipated with the proposed reduction in unit sizes. • The proposed minimum unit size of 552 square feet for the one bedroom units and 732 square feet for the two bedroom units are adequate for the accommodation of age specific elderly housing where children or families are generally prohibited. These reductions represent the minimum reduction of the unit size and average size from what is required to maintain the quality, standards, and financial affordability to allow a reasonable use of of the property specifically targeted for elderly residences. The Commons Unit Size Variance PH-2011-000067 The additional requests to release the previously proffered Declaration of Restrictions is an procedural matter that is required with the granting of the variances which in turn would require a newly proffered Declaration of Restrictive Covenants releasing terms and conditions while at the same time abandoning the previous approval for the 154 townhouses. Conclusion The proposed requests for the reduction of the minimum and average unit size limited to the elderly housing development meets the criteria for granting of the variances as set forth in the Zoning and Land Development Code. Anticipated Facilities Impact General: Concurrency determinations are not finalized during the zoning approval process. Specific impacts will be determined at building permit review. Public Notification/Comments In accordance with the Land Development Regulations, two (2) notifications of the applicant’s requests were mailed to property owners within a five hundred (500) foot radius of the subject site to provide them an opportunity to comment on the application. No comments were received from property owners within that radius at the date of this writing. (See Mailed Notice Radius Map, attached). Attachments: Public Hearing Checklist Letter of Intent Hearing Map-Zoning Hearing Map-Aerial Mailed Notice Radius Map Submitted Plans and Survey Power of Attorney