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12 - a & b memoTHE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM ~) A) To: The Honorable Mayor & Members of the City Commission VIA: Steven J. Alexander, City Manager FROM: Jane K. Tompkins, Planning and Zoning Director jeJ. J, DATE: April 17, 2018 SUBJECT: An Ordinance Adopting a Small-Scale Amendment to the Future Land Use Map of the City of South Miami's Comprehensive Plan, amending the designation of an approximately 2.60-acre property generally located northwest of the intersection of SW 72 nd Street and SW 67th Avenue, and as legally described herein, from Religious to Multiple Family Residential (Four Story). An Ordinance amending the Official Zoning Map, amending the designation of an approximately 2.60-acre property generally located northwest of the intersection of SW 72 nd Street and SW 67th Avenue, as legally described herein, from "R" Religious to "RM-18" Low Density Multi-Family Residential. BACKGROUND: The applicant, Fellowship Church, owns an L-shaped property of approximately seven (7) acres near the northwest corner of sw nnd Street and SW 67 th Avenue . IThe property has frontage on both SW nnd Street and SW 67 th Avenue. A church and a parking lot occupy the west leg of the property which fronts onto SW 72 nd Street. The north leg of the parcel, approximately 2.6 acres, fronts onto SW 67 th Avenue, is largely undeveloped, and is the subject ofthese requests ("project area"). The application package submitted by'the Church is attached. 1 Legal Description for the Project Area: The North 160 feet of the East 100 feet of the west 1/2 OF N 1/2 of the SE 1/4 of the SE 1/4 of the SE 1/4 and the East 1/2 OF N 1/2 of the SE 1/4 of the SE 1/4 of the SE 1/4, less the East 35 feet in Section 26, Township 54 South, Range 40 East, lying and being in Miami -Dade County, Florida. Fellowship Church Apr il 17, 2018 Page 2 of 21 JKT 2.6-acre project area Z:\Commission Items\2018\04·17·2018\Feliowship\Feliowship Church staff report 04172018.docx Fellowship Church Apri l 17, 2018 Page 3 of 21 The property is designated fiR" Religious on both the City's Official Zoning Map and the Future Land Use Map (FLUM). The property directly at the northwest corner of the intersection is a two- story office building; to the north and west are single-family detached homes; and a townhouse development, Banyans of South Miami Condo, is across SW 67 th to the east. Existing Land Use (Religious) Existing Re ligious (R) Zoning Classification JKT Z:\Commission Items\2018\04-17-2018\Feliowship\Feliowship Church staff report 04172018.docx Fellowship Church April 17, 2018 Page 4 of 21 Surrounding land uses, zoning and FLUM designations are as follows: Land Use Zoning Project Area Vacant R North Single family homes RS-2 East* Townhouses* RT-6* South Office LO West Church R FLUM Religious Single Family Residential Townhouse Residential (Two- Story)* Residential Office (Two-Story) Religious *Staff's research indicates that the townhouse development to the east, Banyans of South Miami Condo, was approved in the mid-1970s under a previous zoning district, RB-2 Townhouse Residential. If the Commission approves the pending applications, the Church will sell the property to a developer who will construct the proposed thirty-one (31) unit townhouse development. The units will be accessed by a private roadway with two points of egress at SW 67 th Avenue and the project will provide 34,743 square feet of green space. Note that the plans reviewed by the Planning Boa,rd indicated thirty-two units. To accommodate two conditions recommended by Staff, the plans have been revised and now show thirty-one (31) units. The Applicant has submitted five (5) applications: (1) a Future Land Use Map amendment from Religious to Multiple Family Residential (Four Story); (2) a zoning map amendment from Religious to Low Density Multi-Family Residential; (3) a resolution for a Planned Unit Development; (4) a Variance to reduce the required width of a private roadway/drive aisle; and (5) approval of the tentative plat. The Future Land Use Map amendment and the Zoning Map amendment each require two readings of the respective ordinances, while the other applications are approved by resolution, which only requires one reading. Consequently, the resolutions will not be voted on until the second reading of the ordinances. All five (5) applications are presented below, to allow a complete understanding of the project. ApPLICATION REQUESTS: Request 1: An amendment to the Future Land Use Map to change the designation of the 2.60- acre site from Religious to Multiple Family Residential (Four Story). JKT Z:\Commission Items\2018\04-17-2018\Feliowship\Fellowship Church staff report 04172018.docx Fellowship Church April 17, 2018 Page 5 of 21 I Proposed Land Use (Multiple-Family Residential (Four-Story)) Chapter 163, Florida Statutes governs Growth Management and Planning policy within the State of Florida. The following Section allows for the changes proposed: Section 163.3187 Process for adoption of small-scale comprehensive plan amendment. - (1) A small-scale development amendment may be adopted under the following conditions: (a) The proposed amendment involves a use of 10 acres or fewer and: (b) The cumulative annual effect of the acreage for all small-scale development amendments adopted by the local government does not exceed a maximum of 120 acres in a calendar year. (c) The proposed amendment does not involve a text change to the goals, policies, and objectives ofthe local government's comprehensive plan, but only proposes a land use change to the future land use map for a site- specific small-scale development activity. However, text changes that relate directly to, and are adopted simultaneously with, the small-scale future land use map amendment shall be permissible under this section . * * * The application complies with this Statute. Multiple-Family Residential (Four-Story) is described in the Comprehensive Plan as follows: JKT The multiple-family residential land use category is intended to provide for residential densities of up to a maximum of 24 dwelling units per net acre. Multiple-family residential Z:\Commission Items\2018\04-17-2018\Feliowship\Feliowship Church staff report 04172018 .docx Fellowship Church April 17, 2018 Page 6 of 21 development shall be designed in order to create environmentally-sensitive and well- landscaped settings with pedestrian and multi-modal, transit-oriented amenities. Zoning regulations shall be implemented to preserve the existing densities of developed properties within established districts. Designers should be encouraged to produce unique, flexible, multi-level projects, such as mixed-use developments, including retail and other office uses on ground floor levels. Zoning regulations for the proposed Park View Townhouse area should include an option whereby townhouse developments could be permitted at densities not to exceed 24 dwelling units per acre. In analyzing the request, one must evaluate its consistency with the Comprehensive Plan. Staff notes that the request furthers the intent of the Plan and more specifically, the following: Future Land Use Element Objective 3.1: Continue to increase the City's tax base and fiscal health through new development and redevelopment, increased property values, annexations, impact fees, grants, and other strategies as appropriate. 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. Policy 1.1.1 Utilize the Future Land Use Plan and zoning map to assure a diversity of housing types. Infrastructure Element Policy 1.1.2 Continue the City policy of requiring all major new development to tie into sanitary sewers, if feasible. Conservation Element Policy 1.1.1 Continue to both require landscaping as a part of new private development and landscape public areas in order to minimize air pollution. In addition, a concurrency analysis was completed to determine compliance with Level of Service (LOS) standards. All LOS standards have been met by this application. See the attached analysis for additional details. It is important to note that, while the Future Land Use designation allows four-story development, the zoning district requested, RM-18, is limited to two-stories. In order for the property to be developed with more than two-stories, the property owner would need to apply for and be granted a zoning map change to RM-24. JKT Z:\Commission Items\2018\04-17-2018\Feliowship\Fellowship Church staff report 04172018.docx Fellowship Church April 17, 2018 Page 7 of 21 Request 2: An amendment to the Zoning Map to change the designation of the 2.60-acre site from Religious to Low Density Multi-Family Residential. proposed low Density Multi-Family Residential (RM-18) Zoning Classification Land Development Code (LDC) Section 20-5.7 -Rezoning and text amendments creates the process and requirements for rezoning a parcel of land: JKT 20-5 .7 -Rezoning and text amendments . (A) Multiple Properties . Multiple properties in any single application for a rezoning shall be contiguous to one another or accompanied by a unity of title agreement. (8) City Initiated Applications . An application for a rezoning or text amendment may be initiated by the city commission, planning board, environmental review and preservation board or city administration . (C) Intergovernmental Notice . When an application for a proposed rezoning involves a property located within five hundred (500) feet of the jurisdictional limits of the county or City of Coral Gables, notice of such application, specifying the date, time and place of any scheduled public hearings , shall be transmitted to the planning departments or governing bodies of said jurisdictions. (D) Rezoning Reapplication . No reapplication for a rezoning shall be accepted by the city within twelve (12) months of the date of final disapproval by the city commission of a previous application for a change in zoning involving the same or substantially the same property , unless evidence is submitted to and accepted by the city commission which justifies such reconsideration . (E) Application Requirements. With the complete application, applicants shall also submit a letter of intent, a property survey by a registered surveyor and a document indicating the written sworn consent of the owners of at least seventy-five (75) percent of the subject property or persons with a contract to purchase conditioned on rezoning Z:\Commi ssion Items\2018\04-17-2 018\Feliowship\Feliowship Church staff report 04172018 .docx Fellowship Church April 17, 2018 Page 8 of 21 approval. Such consent may be given by duly authorized agents of owners and agency shall be evidenced by a proper written power of attorney. (F) Neighborhood Awareness. All applications for a rezoning shall be accompanied by a map which reflects all properties and the names of all property owners within a five hundred (500) foot radius of the subject property . A notarized affidavit shall be presented to the Planning and Zoning Department within five (5) business days of submittal of an accepted application, attesting that the applicant gave notice of the proposed application to all the property owners within the noted five hundred (500) foot radius by regular U.S. mail with the exception of the abutting, or contiguous, property owners , who shall be made aware via Certified Mail. The affidavit shall be accompanied by a copy of the notification letter together with copies of the Certified Mail receipts. The Applicant has met the requirements of Section 20-5.7 . Zoning District Purpose Statements: Section 20-3.1 of the LDC provides the following purpose statements of the zoning district requested, RM-18, and other zoning districts found in the vicinity: "R" Religious District: The purpose of this district is to provide for religious facilities and uses and could also permit other ancillary uses implemented by the category, which by design and construction are intended for organized worship and commonly related services, such as educational, recreational, and social services, including day care. Such ancillary uses shall be subordinate to the principal use. Building heights shall not exceed the average of the maximum permitted in the surrounding zoning districts, but in no case shall a building exceed two (2) stories. Zoning regulations could permit religious uses on sites not so designated by the Comprehensive Plan. "RM -18" Low Density Multi-Family Residential District: The purpose of this district is to provide suitable sites for the development of low density multi-family residential uses with appropriate landscaped open space which are located in such a manner as to serve as an effective transitional land use element between less intensive residential uses and more intensive multi-family and/or commercial uses. This district is appropriate in areas designated "Low Density Multi-Family Residential" on the city's adopted Comprehensive Plan. "RS-2" Large Lot Single-Family Residential District: The purpose of this district is to provide for semi-estate type single-family residential development located in a relatively spacious setting which emphasizes the preservation of open space. This district is appropriate in areas designated "Single-Family" on the adopted city's comprehensive plan. "RT-6" Townhouse Residential District: The purpose of this district is to provide suitable sites for the development of well planned, environmentally compatible, low density townhouse projects on sites of at least 60,000 square feet, which are located in such a manner as to serve as effective transitional land use elements between single-family and more intensive multi-family residential or commercial areas. This district is appropriate in areas designated "Townhouse Residential" or "Two-Family/Townhouse Residential" on the City's adopted Comprehensive Plan. JKT Z:\Commi ssion Items\2018\04-17-2018\Fellowship\Feliowship Church staff report 04172018 .docx Fellowship Church April 17, 2018 Page 9 of 21 "La" Low Intensity Office District: The purpose of this district is to permit low-intensity office development and redevelopment, without necessarily being compatible in appearance with single-family residential areas. This district is appropriate in areas designated "Low-Intensity Office" on the city's adopted Comprehensive Plan. An excerpt of the Permitted Use Schedule (LDC 20-3.3) is provided below to show the differences between the zoning districts. Generally, RM-18 allows for a broader range of housing types than those of the adjacent residential districts. Comparison of Uses Permitted by Zoning District Use Type Religious RM-18 RS-2 RT-6 Single-family dwelling P P P Townhouse P P Two-Family dwelling P Multi-Family dwelling P Community Residential Home, 7 or more P Group Home I Licensed (6 or more) S S S Group Home II Unlicensed (6 or less) S S S Home Occupation P P P Child Care Facility (7 or more children) P S Early childhood child care, Pre-K, Pre-School P Fraternal Organization or Private Club S Mobile Pet Grooming Service P P P Park or Playground, Public P P P School (ancillary to principle use), Church p Church, Temple, Synagogue or Mosque P S P means permitted by right; S means permitted as a Special Use JKT Z:\Commission Items\2018\04-17-2018\Feliowship\Fellowship Church staff report 04172018.docx Fellowship Church April 17, 2018 Page 10 of 21 It is also informative to understand the differences between the districts in terms of density and intensity. Below is a summary of the dimensional requirements for the different districts: Comparison of Zoning District Requirements Religious RM-18 RS-2 RT-6* Min. Lot Size NA 10,000 15,000 3,000 (min. site size 10,000) Frontage NA 75 100 25 (200 for site) Density NA 18 NA 6 (DU/acre) Front Setback NA 25 35 25 Rear Setback NA 20 25 25 Side (Interior) NA 12.5 i-story: 10 10 Setback 2-story: Varies by lot width Side (Street) NA 25 i-story: 20 15 Setback 2-story: 20 (1'1 story); 25 (2 nd story) Adj. Res. Dist. NA NA NA NA Building Height Not greater 30 25 25 than two stories Building NA NA i-story: 30 NA Coverage % 2-story: varies by lot width Impervious NA 60 i-story: 40 40 Coverage % 2-story: varies by lot width Building NA 20 NA 20 Separation Perimeter NA NA NA 15 Floor Area NA NA i-story: NA NA Ratio 2-story: varies by lot width LO 7,500 75 NA 20 15 10 15 25 30 NA 80 20 NA .70 * As noted earlier, the Banyans of South Miami was developed under a zoning category that no longer exists, RB-2. The RB-2 regulations differed from today's RT-6 standards in several ways, including a maximum permitted density of fourteen (14) units per acre. By staff's estimation, the Banyans project was developed at approximately nine (9) or ten (10) units per acre. Beyond the immediately adjacent properties, the area is largely zoned RS-2. The nearest multi- family zoning district is an RM-24 zoned area approximately one-half mile to the east. There are two PUDs nearby, both developed with single-family detached homes. While RM-18 may be JKT Z:\Commission Items\2018\04-17-2018\Feliowship\Fellowship Church staff report 04172018.docx Fellowship Church April 17, 2018 Page 11 of 21 somewhat unique to the area, it does provide a transition between the LO and RS-2 districts. Finally, RM-18 is also compatible with the requested FLUM amendment. Request 3: A Special Use approval to allow a Planned Unit Development consisting of thirty- two (32) town homes. To effectuate the proposed development, the Applicant is requesting a Special Use approval for a Planned Unit Development (PUD). PUDs are intended to encourage greater design flexibility than traditional zoning to "achieve better economics in construction, preservation of open space and inclusion of amenities" (LDC Sec. 20-3.1(B)(21-23)). They are controlled by LDC 20-3.7 which provides eighteen (18) basic requirements applicable to all three (3) PUD types (Residential, Mixed-Use, and Hospital). Specific requirements for each of these three (3) PUD types are also provided. The full text of LDC 20-3.7 is provided as an attachment. After evaluating the proposal's compliance with the basic requirements, staff notes the following: (1) Unity of Title Required Staff Response: Not applicable as the property is already under one ownership. (2) Density: The intensity shall be governed by those densities and intensities established for the zoning district(s) involved and the city's adopted Comprehensive Plan. Staff Response: The intensity of the proposed development, 11.9 units per acre, is consistent with the requested FLUM and Zoning Map amendments. (3) Site Characteristics: The site shall be suitable for development in the manner proposed in terms of environmental characteristics such as flooding and drainage and capable of meeting the development requirements of the Florida Building Code and other regulations. The site plan shall protect against adverse impacts between or among the PUD uses and uses in surrounding areas. Staff Response: The site is suitable for development. (4) Traffic Flow and Control: Traffic flow to and from the development shall not intrude on local streets in nearby residential areas; shall be designed to retain the major portion of such traffic on arterial and collector streets; adequate ingress and egress to the development shall be required; and (d) where rapid or mass transit is a major consideration, the relationship of such facilities shall be a part of consideration of traffic flow and control. JKT Staff Response: The private roadway connects only with SW 6"ph Avenue, a collector roadway under the jurisdiction of the County. Further, due to the low Z:\Commission Items\2018\04-17-2018\Feliowship\Feliowship Church staff report 04172018.docx Fellowship Church April 17, 2018 Page 12 of 21 volume of peak hour trips (twenty-four trips), the County has waived the requirement for a full traffic study. (5) External Relationships. The development shall be designed to consider the nearby uses and structures and protect surrounding areas from potentially adverse impacts. Staff Response: The development provides a significant buffer, approximately 243 feet, for the residential area to the west. The residential properties immediately adjacent to the north will be separated with a twenty-two (22) foot landscaped buffer. As a point of comparison, properties in the adjacent RS-2 district are required to provide a twenty-five foot (25) rear setback. (6) Screening and Buffering. Yards, fences, walls or vegetative screening shall be provided and maintained at edges of developments to protect both occupants of the PUD and nearby residents from undesirable views, lighting, noise or other adverse influences. Staff Response: The project will have either a wall or vegetative screening around the perimeter. In addition, the Applicant has agreed to develop and maintain a natural area between the church's parking lot and the residential properties to the north and west. (7) Off-Street Parking and Loading. Off-street parking shall be provided such that residents and visitors of the development will not have to park outside the PUD. Staff Response: Each townhouse unit will have three (3) off-street parking spaces, which exceeds the LDC requirements. The LDC does not require loading spaces for this type of structure. (8) Signs and Lighting. Staff Response: Not applicable. (9) Service Areas. Staff Response: Not applicable. (10) Control of Potentially Adverse Effects. The PUD uses shall be compatible and harmonious with other development in the area. Remedial measures such as landscaping/screening, change in design or location of buildings, or relocation of open space may be required to eliminate or reduce adverse impacts. JKT Staff Response: The proposed use is compatible with the other residential uses in the area and the project has been designed with a buffer of approximately Z:\Commission Items\2018\04-17-2018\Fellowship\Feliowship Church staff report 04172018.docx Fellowship Church April 17, 2018 Page 13 of 21 243 feet from the homes to the west in order to minimize the number of single- family homes that are directly impacted by the project. The homes that abut the project to the north will be buffered by a twenty-22 (22) foot landscaped area in accordance with the PUD regulations. The townhouse units are also designed without balconies or patios on the rear facades, to provide greater measures of privacy for the adjacent neighbors and limit any negative effects of light, noise or other adverse impacts. (11) Streets. PUD approvals shall be conditioned on any required improvements to existing streets being made and all roads shall be provided in accordance with standard engineering and Miami Dade County Fire Department requirements. Staff Response: No improvements to existing streets have been identified as being necessary and the Applicant has designed the roadway in accordance with County standards. (12) Uses. PUD uses shall form complementary and compatible groupings contributing to the efficiency, safety and convenience of the development and its surrounding area by its nature, location and design. Staff Response: With both detached and attached single-family units in the surrounding area, the proposed PUD uses are complementary and compatible. (13) Building Heights. Staff Response: The proposed townhomes will have a maximum height of twenty-five (25) feet, which is lower than the maximum allowed in RM-18 and LO, but the same as the height allowed in RS-2 and RT-6. (14) Pedestrian Amenities. The proposed development shall maximize pedestrian amenities along street fronts, such as providing for covered walkways, landscaping and appropriate street furniture. Staff Response: The existing sidewalk along SW 6-r h Avenue will be enhanced with a six (6) foot high, decorative wall/fence and additional landscaping. (15) Transit Availability. JKT Staff Response: The proposed development is near County bus routes on both Sunset Drive and SW 6-r h Avenue. Z:\Commission Items\2018\04-17-2018\Fellowship\Fellowship Church staff report 04172018.docx Fellowship Church April 17, 2018 Page 14 of 21 (16) Spatial Relationships. The site plan for a proposed planned unit development shall provide for safe, efficient, convenient and harmonious groupings of structures, uses and facilities; for appropriate relationship of space inside and outside of buildings to intended uses and structural and architectural features. Staff Response: Given the size and configuration of the subject property, the site plan provides a safe, efficient, convenient and harmonious grouping of structures. (17) Open Space. Each residential development shall provide at least thirty (30) percent of its total site area as usable private or public open space; at least one-half of the open space above shall be contiguous. Staff Response: The proposed development includes 38,750 square feet of green space. This includes both private courtyard areas as well as commonly owned open space. This figure equals 34.21 % of the total project area. 25,446 square feet, or approximately 73%, of the open space is contiguous. (18) Sidewalks. Staff Response: Not applicable. In addition to the Basic Requirements described above, residential PUDs are also subject to additional requirements detailed in LDC 20-3.7(D}: * * * (c) Establishment of a PUD-R district shall consider: i. General housing needs and requirements in the City as a whole; ii. Housing needs in the area in which the PUD-R district is proposed and; iii. Housing needs of a particular type. * Staff Response: Single Family Residential is the City's largest land use category on the FLUM (71.97% of the City's total acres). Townhouse Residential on the other hand, is only 2.01 % of the total acres. In terms of numbers, there are approximately 2,833 detached single-family homes in South Miami and an estimated 208 residential units in multi- family buildings with three (3) to nine (9) units (note: these could be townhomes or other types of structures). (Source: 2011-2015 American Community Survey 5-Year Estimates (U.S. Census)). * * (3) Minimum land area for PUD-R development shall be two (2) net acres. Staff Response: The project site is approximately 2.60 acres. JKT Z:\Commission Items\2018\04-17-2018\Feliowship\Feliowship Church staff report 04172018.docx Fellowship Church April 17, 2018 Page 15 of 21 (4) When adjoining a single-family residential district, a landscaped buffer area of not less than twenty (20) feet in width shall be provided. Staff Response: The RS-2 district to the north will be buffered by a twenty-two (22) foot wide landscaped buffer. (5) Except along boundaries where a PUD-R district adjoins a district permitting the same or greater heights within similar areas, no portion of any building in a PUD-R development shall project through imaginary planes leaning inward from the PUD boundaries at a forty- five (45) degree angle. Staff Response: The plans comply with this requirement. Project Analysis As stated in the purpose statement, PUDs are intended to encourage "design flexibility versus traditional siting such as side yards, setbacks, height". It is informative, however, to compare the proposed development against the RM-18 standards. As shown in the table below, the proposed project deviates from the following RM-18 standards: front setback, rear setback, and side interior setback. Comparison of Project with Zoning District Requirements RM-18 Proposed Minimum Lot Size 10,000 2.6 acres Minimum Frontage 75' 327' 7" (SW 67 th Avenue) Maximum Density 18 11.9 (OU/acre) Minimum Front 25' 20' (between Block 7 and SW 67 th Setback Avenue) Minimum Rear 20' la' 6" (between Block 4 and west Setback property line) Minimum Side 12.5' la' (between Blocks 6 and 7 and south (Interior) Setback property line) Minimum Side 25' NA (Street) Setback Minimum Setback if NA 22 (between Blocks 1, 2, and 3 and the Adjacent to north property line) Residential District Maximum Building 3~' 25' Height Maximum Building NA 71% Coverage JKT Z:\Commission Items\2018\04-17-2018\Fellowship\Feliowship Church staff report 04172018.docx Fellowship Church April 17, 2018 Page 16 of 21 Maximum 60% 65% Impervious Coverage Minimum Building 20 20 (between Blocks 1 and 2 and 2 and 3) Separation Minimum Perimeter NA Varies Maximum Floor Area NA NA Ratio PUDs allow for these sorts of reductions from the zoning district standards, and staff believes that the proposed reductions will not negatively impact the surrounding area. Indeed, the twenty (20) foot setback from SW 67 th Avenue is the same as the side street setback required for the property to the north, at the corner of SW 69 th Terrace and SW 67 th Avenue. . Landscaping The Existing Tree Disposition Plan (Sheet LD-l) indicates that no trees will be destroyed by this project. Two existing trees, including a specimen Strangler Fig, will remain in place and eight other trees will be transplanted either within the project area, in a Nature Preserve and Parking Lot Buffer between the church's parking lot and the northern property line, or along Sunset Drive in front of the church. Pursuant to LDC 20-4.s(F), seventy-three (73) trees are required for a project of this size in addition to the required street trees. The landscape plans submitted indicate there will be 204 trees on site. The other code requirements for shrubs and native materials are also satisfied. Staff notes, however, that the landscape plan includes both the project area and the nature preserve and parking lot buffer that will be planted on what becomes Tract B, the church's parcel. As a condition of approval, the planting schedule should be broken down by these different areas. PUD Review and Approval Procedures Pursuant to LDC 20-5.12 Planned unit development approvals, the City's Environmental Review and Preservation Board (ERPB) reviewed the project on August 15, 2017 and recommended preliminary approval with the following conditions: JKT 1. Redesign the two-car driveway and walkway at the front of each unit by narrowing/reducing the hardscape area; 2. Reconsider the proposed driveway and walkway materials to incorporate less impervious area and make it more aesthetically pleasing; 3. Reduce the private road width to allow planting of shade trees; 4. Create a more interesting space at the end of each private road; 5. Revise the Grading Plan and the Landscape Plan to reduce the heat island effect: Z:\Commission Items\2018\04-17-2018\Feliowship\Feliowship Church staff report 04172018.docx Fellowship Church April 17, 2018 Page 17 of 21 6. Simpsom Stopper tree located at front of building and between the Oak should be relocated because the area is too tight; 7. The nature preserve should have less grass and additional plants. A natural area can have a pathway instead of grass, a more natural area to eliminate that long space (this area is behind the church's parking lot/property only); 8. For proper tree growth, no structural soil is to be used; 9. Coordinate the physical barrier along SW 67 th Avenue with the triangle of visibility; 10. Provide an irrigation plan; and, 11. Staff's Conditions. Finally, it is important to note that, pursuant to LDC 20-3.7(1) Expiration of Planned Unit Development Approval, an approved planned unit development shall lapse after six (6) months if no building permit or certificate of occupancy has been issued for such use and if the city commission has not specified a longer approval period for good cause. The Commission may grant an extension if a timely request is filed. Request 4: Approval of a Variance to reduce the width of the private roadway/drive aisle. The LDC requires a width of thirty-five (35) feet for private roadways and twenty-three (23) for parking lot drive aisles. As this roadway is essentially a drive aisle and serves only the townhouses, the Applicant's initial submittal included a pavement width of twenty-five (25) feet. The ERPB conditioned their approval on the Applicant narrowing the width of the private roadway/drive aisle in order to increase the size of the adjacent landscape areas and plant shade trees. Thus, the Applicant is now proposing, with the ERPB's endorsement, a width of twenty- two (22) feet. Although PUDs are intended to encourage flexibility in design, the LDC does not specify how deviations from the Code should be processed. Consequently, the Applicant has filed for a variance for the reduction in pavement width. Pursuant to Section 20-5.9(H) of the Land Development Code, all variance decisions shall be based on an affirmative finding as to criteria identified below. JKT 1. The variance is necessary to relieve particular extraordinary conditions relating to a specific property; Staff Response: The ERPB specifically conditioned their approval of the project on the Applicant reducing the pavement width. 2. Denial of the variance would result in hardship to the owner. Hardship results if the restriction of the zoning ordinance, when applied to a particular property, becomes Z:\Commission Items\2018\04-17-2018\Feliowship\Fellowship Church staff report 04172018.docx Fellowship Church April 17, 2018 Page 18 of 21 arbitrary, confiscatory or unduly oppressive because of conditions of the property that distinguish it from other properties under similar zoning restrictions; Staff Response: Denial of the variance would likely mean redesigning the entire project and reapplying for ERPB approval. 3. The extraordinary conditions and circumstances do not result from the actions of the applicant; Staff Response: The reduction is the result of the ERPB's condition of approval. 4. The requested variance is the minimum variance necessary to make possible the reasonable use of the land, building or structure; Staff Response: The ERPB specifically requested the roadway be narrowed so that shade trees could be planted in the adjacent landscaped areas. 5. That the approval of the variance will be consistent with the general intent and purpose of the Land Development Code, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. Staff Response: In staff's opinion, the roadway is still wide enough to serve the level of traffic that'll be generated without injury to the neighborhood or public welfare. Request 5: Approval of a tentative plat As described above, the Applicant is proposing to subdivide the parent tract into Tract B, which will consist of the existing church building and accessory parking, thirty-one (31) individual townhouse lots, and Tract A, which will allow for the development of the internal private road and open space. The thirty-one (31) lots range in width from 22.42 feet for the interior units to 23.50 feet for the end unit. The fourteen (14) units adjacent to the north boundary line will be roughly 103 feet in depth and will include a twenty (20) foot wide landscape and open space easement. The eleven (11) lots along the southern boundary are 93 feet in depth and include a ten (10) foot wide landscape and open space easement. Thus, the lots are approximately 2,400 square feet in size. While RM-18 does not include minimum lot size or frontage requirements for townhouse units, given the predominance of RS-2 zoned lots in the surrounding area, it is apparent the proposed lots will be smaller than the area median. The existing asphalt parking and drive aisle will be removed from the project area. PLANNING BOARD RECOMMENDATION: Following a public hearing on the items on November 14, 2017, the Planning Board voted as follows on the requested ordinances: JKT Z:\Commission Items\2018\04-17-2018\Fellowship\Fellowship Church staff report 04172018.docx Fellowship Church April 17, 2018 Page 19 of 21 (1) Future Land Use Map amendment: motion to approve the request failed by a vote of o ayes to 6 nays (2) Zoning Map amendment: motion to deny the request was unanimously approved STAFF RECOMMENDATION AND CONDITIONS OF ApPROVAL: Staff recommends approval, with the conditions listed below, of the proposed changes: (1) a Small-Scale Amendment to the Future Land Use Map amending the designation from Religious to Multiple Family Residential (Four Story); (2) an amendment to the Official Zoning Map changing the designation from Religious to RM-18 Low Density Multi-Family Residential; (3) a Special Use to allow the development of the property as a Planned Unit Development; (4) a Variance to reduce the width of the private roadway or drive aisle to twenty-two (22) feet; and (5) the tentative plat. General Conditions 1. Any development of the property will be in substantial compliance with the documents submitted including: Letter of Intent and Booklet signed and sealed by Peter Blitstein on March 28, 2018 consisting of a survey, civil site plan, conceptual utility plan, five pages of landscape plans; and twenty-one (21) pages of architectural drawings. Further, in no event shall the total number of units exceed thirty-one (31). 2. All documents submitted with this application are to be made part of the record. 3. Any improvements in the Public Right-of-Way shall be approved by the applicable agency (FDOT, Miami-Dade County and/or City of South Miami). 4. All impact fees shall be paid prior to issuance of building permit. 5. The Applicant shall provide a letter acknowledging compliance with the applicable Level of Services requirements prior to the issuance of final permit to the property. If any concurrency approvals expire a re-review shall be required by the appropriate agency. 6. Any changes that increase densities, intensities or population shall require a new Concurrency Analysis. 7. Applicant shall submit verification from Miami-Dade County that the proposed new development has been reviewed and approved for all access management considerations prior to site plan approval. 8. Flood elevations shall be reviewed and approved for consistency with FEMA requirements and the City's National Insurance Flood Program Ordinance prior to building permit approval. JKT Z:\Commission Items\2018\04-17-2018\Feliowship\Feliowship Church staff report 04172018.docx Fellowship Church April 17, 2018 Page 20 of 21 9. The Applicant shall comply with applicable conditions and requirements by Miami-Dade County Public Works Department, Fire Rescue Department, Department of Regulatory and Economics Resources -DERM (DRER), Miami-Dade County Water and Sewer Department, and FDOT. 10. The existing asphalt parking area and drive aisle in the project area shall be removed prior to the recording of the Final Plat. A revised site plan for Tract B showing all changes and required improvements to the parking lot shall be submitted and approved, as applicable, by the ERPB. 12. The Applicant shall execute and record in the public records of Miami-Dade County, a restrictive covenant, in a form approved by and subject to the review and approval of the City Manager and City Attorney, which contains all commitments made and conditions imposed as part of the approval of the Applications. Construction General Conditions 13. A Construction and Maintenance of Traffic (MOT) Plan shall be provided by the Applicant to the Public Works Departments for approval prior to start of construction. Access points by construction vehicles shall be provided within the MOT. 14. The Applicant shall provide a Construction Air Quality Management Plan to the Department prior to the start of construction. 15. A Construction, Demolition and Materials Management Plan (CDMMP) must be submitted by the Applicant at time of building permit. 16. Construction shall only take place Monday through Friday during the hours of 8:00 a.m. and 5:00 p.m. Landscaping 17. The Applicant shall meet all of the minimum requirements of the City Code, Chapters 18 and 24 of the Miami-Dade County Code and specifically comply with all conditions imposed by Miami-Dade County Department of Regulatory and Economic Resources - DERM (DRER), if any. 18. The property shall be landscaped in accordance with the landscape plan, included with the site plan submittal. 19. Pursuant to Sec. 20-4.5, as may be amended, the Applicant shall preserve existing trees (including native trees) during the development of the project, as indicated on the LD-l of the application booklet. Trees that are to be removed must be mitigated in JKT Z:\Commission Items\2018\04-17-2018\Feliowship\Feliowship Church staff report 04172018.docx Fellowship Church April 17, 2018 Page 21 of 21 accordance with City requirements. If the relocated trees do not survive, the Applicant shall be required to replace the trees in compliance with City requirements. 20. The landscape plan plant list includes both the project area and the nature preserve and parking lot buffer that will be planted Tract B, the church's parcel. The planting schedule should be separated by these areas prior to submission for the Environmental Review and Preservation Board. Further, the planting schedule for the project area shall comply with all requirements of the LDC. 21. The Applicant shall record a Restrictive Covenant, in a form satisfactory to the City Attorney, providing for the perpetual maintenance of the Nature Preserve & Parking Lot accordance with the landscape plan shown on Sheet LP-2. 22. The Nature Preserve & Parking Lot Buffer shall be improved in accordance with the approved plans prior to the issuance of the first Certificate of Occupancy for any of the townhouse units. Environmental 23. The Applicant shall meet the requirements of the Miami-Dade County Water-Use Efficiency Standards Manual, effective January 2009, as may be amended from time to time. 24. All storm water drainage systems shall be maintained in working at all times in order to avoid localize flooding during and after a storm. Parking shall be prohibited on top of any drainage inlet or drainage manhole. Architecture 25. Final approval of all plans must be obtained from the Environmental Review and Preservation Board, as required by Code. AnACHMENTS: • Application materials (letter of intent, applications, application booklet, Traffic Study prepared by Richard Garcia and dated February 23, 2017, Technical Memorandum from Richard Garcia dated October 3,2017, Traffic Impact Study Review Letter from Matthew Crim dated September 8,2017) • Concurrency Analysis • School Concurrency Determination dated September 25,2017 • Land Development Code 20-3.7 • Excerpt of Planning Board meeting minutes 11-14-17 • Email from Miami Dade County Traffic Engineering Division (November 13, 2017) • Draft ordinance approving the Future Land Use Map amendment • Draft ordinance approving the Zoning Map amendment • Notice of Public Hearing • Legal Ad • Copy of Applicant's notice to surrounding property owners (with 500' radius map) JKT Z:\Commission Items\2018\04-17-2018\Feliowship\Feliowship Church staff report 04172018.docx