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24-revisedTo: The Honorable Mayor Stoddard and Members of the City Commission Via: Hector Mirabile, Ph.D., City Manager From: Thomas J. Vageline, Director a' " Planning and Zoning Department Date: February 1, 2011 PB -11 -001 Applicants: Carlisle Development Group, LLC City of South Miami Location: 5890 SW 69' Street ITEM No. a4 An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, relating to a request to amend the official zoning map of the City of South Miami Land Development Code by changing the zoning use district from "TODD (LI -4) "Transit Oriented Development District (Light Industrial -4) to "TODD (MU -5) "Transit Oriented Development District (Mixed Use -5) for the property located at 5890 SW 69`x' Street (Folio No. 09- 4025- 028 -2070) also known as the Vehicle Inspection Station site; providing for severability; providing for ordinances in conflict; and providing an effective date. REQUEST The subject rezoning request is a joint application submitted by the Carlisle Development Group LLC in cooperation with and with the approval of the City Administration and the City Commission. The property involved is the City owned site known informally as the former vehicle inspection station. The Carlisle Group is seeking to change the zoning use district from "TODD (LI -4) "Transit Oriented Development District (Light Industrial -4) to "TODD (MU- 5) "Transit Oriented Development District (Mixed Use -5). The purpose of the request is to allow future development of the site as a residential multi - family building specifically targeted as an affordable housing project. The TODD (LI -4) existing zoning district permits residential development, however, buildings are limited to a maximum two story height. The TODD (MU- 5) zoning district also permits residential development and the maximum height limitation is four stories, however, with bonuses buildings can be eight stories in height. Rezoning Application 5890 SW 69 Street. February 1, 2011 Page 2 of 6 RECENT HISTORY OF THE SITE The site is 31,050 sq. ft. (0.71 acres) and consists of nine rectangular lots of which three lots face SW 69'' Street and six lots face SW 701h Street. The property is accessible from both streets. The site is currently unused and is vacant except for a small building once used as part of the State of Florida inspection station program. During the period 1993 to 2001 the property was leased to the State for use as an automobile inspection station and in 2002 -2004 it was leased to a company using the site as an automobile towing/storage lot. During the past five years there have been several proposals for using the property including selling or leasing it for development, and creating a municipal parking lot. The most recent proposal in 2010 was for the site to be used as a community garden. AFFORDABLE HOUSING PROPOSAL The City was approached by the Carlisle Group in early December, 2010 with a proposal to construct affordable multi - family housing on the vehicle inspection site. It was their recommendation that this was an excellent site for a project of this type. Additionally, a developer could receive government financial incentives to build at this location. The program involved is the awarding, by the State of Florida, federal income tax credits to affordable housing projects. The sale /transfer of these tax credits can bring in expanded investment in the development and allow for quality development of affordable housing units. JOINT APPLICATION SUBMISSION In order to make this site eligible for an affordable housing development with the use of low - income tax credits and in recognition of the State imposed deadlines the City Administration accepted the Carlisle Group's proposal to initiate a rezoning application on the property. The company offered to pay the rezoning application fee and submit plans for a theoretical development. The company was authorized to file the application via a communication from the City Manager dated November 22, 2010 (see attached). The Land Development Code permits the City Administration to initiate a rezoning application (LDC Section 20 -5.7 (B). In addition, the City Commission at its January 4, 2011, confirmed the City Manager's action to file the rezoning application. The Carlisle Group was advised that if the rezoning is approved a separate procedure will be followed by the City to select a developer, transfer, sell or lease the site to that developer and to enter into a binding agreement with the selected developer. The Carlisle Group confirmed this understanding in a letter to the Planning and Zoning Director dated January 6, 2011 (see attached). Rezoning Application 5890 SW 69 Street. February 1, 2011 Page 3 of 6 SITE LOCATION ANALYSIS Parcels Comprehensive Plan Existing Land Use Category Land Development Code Existing Zoning District Actual Use North TODD TODD (LI -4) Auto repair; and warehouse East TODD TODD (1,I4) Auto repair; and Art Studio South Public and Institutional PI Public/Institutional Metro Rail Parking Garage West TODD TODD (MU -4) US Post Office THEORETICAL SITE PLAN The applicant submitted a theoretical site plan document showing the possible location of uses on each floor, renderings of the building, and the location of parking space. Attached as Exhibit "A" the Project Data page which is Page A -0.00 in the site plan document. The theoretical site plan submitted will not be approved with the rezoning. It is meant to show a possible use for the property. However, any future site plan for the property is required to meet the regulations of the City Codes regarding zoning use, district criteria, and concurrency. As such any future site plan for this property will require review by the Planning Board and the Environmental Review and Preservation Board prior to being reviewed for approval by the City Commission. COMPATIBILITY Compatibility of Use: The property although surrounded by industrial and institutional uses is a compatible site for residential uses. The site abuts a rapid transit station.and a post office. It is within an easy walking distance of a community center, a senior citizen center, a library and an urban downtown. The property also is located less than a block away from existing high density residential developments The existing future land use map category (TODD) and the underlying zoning district both allow for residential, commercial and light industrial uses at a very high density. The use of the City owned site for affordable housing is compatible with the surrounding uses. In fact, most of the TODD Zoning Sub - districts Districts, including TODD (MU -4), TODD (MU -5) and TODD (LI -4), include residential uses in the permitted use lists. Public Facilities: The selected developer for the project will be responsible for assuring that public infrastructure serving the site will be sufficient. Rezoning Application 5890 SW 69 Street. February 1, 2011 Page 4 of 6 COMPREHENSIVE PLAN. The proposed development is compatible with and advances the goals and policies contained in the City's Comprehensive Plan. The proposed amendment is consistent with and supports the following very important City policy: HOUSING ELEMENT Goal 1 To assure the availability of sound and affordable housing for all current and future residents of the City of South Miami with special focus on infill and redevelopment and to include housing units in the Hometown District. It is recognized that the choice of location rests with the individual and that the City's role is to implement policies that expand choices. Objective 1.1 The City shall support public and private efforts to provide at least 100 additional housing units, and aspire for the creation of 200 additional units, by 2015. Additionally, the City shall seek to provide an adequate supply of housing units that are affordable to households of all incomes, including the middle income sector, in proportions that are reflective of housing demands and needs in residential projects and communities. STAFF OBSERVATIONS 1. The proposed rezoning is a joint application because the proposed development clearly implements a major objective of the Comprehensive Plan pertaining to affordable housing. 2. The vehicle inspection site has been vacant and unused for several years and generates no revenue to the City. 3. The location is in close proximity to rapid transit, a post office, library, the community center, the senior citizens center, and the City's downtown, all of which are essential services for affordable housing tenants and senior citizen tenants. 4. The proposed residential development will be an improvement to the abutting community which consists primarily of industrial uses. PLANNING BOARD ACTION: The Planning Board conducted a public hearing at its meeting on January 11, 2011, however it deferred action on the application in order to obtain additional information. The Planning Board at its meeting on January 25, 2011, continued the public hearing and adopted a motion by a vote of 4 ayes (Ms. Beckman, Mr. Cruz, Ms. Young, Mr. Whitman) and 3 nays ( Ms.Yates, Mr. Morton, Mr. Farfan) recommending denial of the proposed rezoning. At the Planning Board meeting on January 25, 2011, the Carlisle Development Group and the Planning and Zoning Department provided written responses to over 40 questions submitted by Board members during the intervening time between the two Planning Board meetings. Attached Rezoning Application 5890 SW 69 Street. February 1, 2011 Page 5 of 6 is a copy of the document distributed at the meeting on January 25, 2011. The responses are in multiple formats and are numbered pp. 1 -48. RECOMMENDATION The City of South Miami is a joint partner in the proposed development project and as such it is recommended that the rezoning be approved with the following conditions: 1. The future site plan for this property must be approved by the City Commission; and 2. The preparation of a traffic analysis report acceptable to the City must be produced by the selected developer. Attachments: Draft Ordinance Application Location map Letter oflnlent Exhibit "A" CMLetter 11 -22 -10 Carlisle letter 1 -6 -11 Survey Questions from Planning Board Members (Document) Planning Board Minutes 1 -11 -11 Planning Dept. Staff Report 1 -11 -11 Site Plan TJV / /SAY XAComm Items\2011\2- 1- 1IV.DC Rezoning Vehicle Inspect Site Revised CM Reort Alt.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 ORDINANCE NO. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, relating to a request to amend the official zoning map of the City of South Miami Land Development Code by changing the zoning use district from "TODD (LI -4) "Transit Oriented Development District (Light Industrial -4) to "TODD (MU -5) "Transit Oriented Development District (Mixed Use -5) for the property located at 5890 SW 69`" Street (Folio No. 09 -4025- 028 -2070) also known as the Vehicle Inspection Station site; providing for severability; providing for ordinances in conflict; and providing an effective date. WHEREAS, the subject rezoning request is a joint application submitted by the Carlisle Development Group LLC and the City of South Miami to change the zoning use district from "TODD (LI -4) "Transit Oriented Development District (Light Industrial -4) to "TODD (MU -5) "Transit Oriented Development District (Mixed Use -5) for City owned property located at 5890 SW 6901 Street also known as the Vehicle Inspection Station site; and WHEREAS, the TODD (LI -4) existing zoning district permits residential development, limited to a maximum two story height; and WHEREAS, the Carlisle Development Group LLC was authorized to file a joint application via a communication from the City Manager dated November 22, 2010; and WHEREAS, the Carlisle Development Group LLC was advised that if the rezoning is approved a separate procedure will be followed by the City to select a developer, and to transfer, sell or lease the site to the selector developer; and WHEREAS, the Planning Board at its meeting on January 11, 2011 conducted a public hearing and deferred action on the application in order to obtain additional information; and WHEREAS, the Planning Board at its meeting on January 25, 2011 adopted a motion by a vote of 4 ayes and 3 nays recommending that the proposed rezoning application be denied. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section I. The Official Zoning Map of the City of South Miami is hereby amended by changing the zoning use district from "TODD (LI -4) "Transit Oriented Development District (Light Industrial -4) to "TODD (MU -5) "Transit Oriented Development District (Mixed Use -5) for the property located at 5890 SW 69s' Street. Section 2. The site plan within this application is a theoretical development and is not approved with this zoning change. The future site plan must be reviewed by the Planning Board, the Environmental Review and Preservation Board and approved by the City Commission. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1•? Section 4. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 5. This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this ATTEST: CITY CLERK 152 Reading — 2 °a Reading — READ AND APPROVED AS TO FORM AND SUFFICIENCY: CITY ATTORNEY Attachment: Exhibit "A" day of 2011. APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Newman: Commissioner Palmer: Commissioner Beasley: Commissioner Harris: XAComm ltems\20l l\2 -1 -I l\LDC Rezoning Vehicle Inspect Site Revised Ord Alt.doc