It is recommended that the Town Council vote to approve the request to rezone an approximate 9.45 acre property, as described at Attachment “A” of the Ordinance, from IU-C, Industrial Use – Conditional, to RM-36, Medium Residential Multifamily – 36 Units to the Acre, in order to allow for the residential component of a larger 19.5 acre project commonly referred to as the “Senior Village” with the following conditions:
1. That The rezoning shall not be effective unless and until, the following Zoning Hearing companion items are approved:
a. The FLUM amendment Application of the property described at Attachment “A” herein; and
b. Plat for entire 19.5 acre site; and
c. 220 Unit Senior Housing Village adult community site plan; and
d. Miami Jewish Health Systems conditional use and site plan.
2. Issuance of permits for the 220 unit Senior Housing Village adult community and the Miami Jewish Health Systems facility must be obtained within two (2) years of this approval. Completion of construction of both projects to final certificate of occupancy must occur within five (5) years of this approval. Failure to achieve permits or certificate of occupancy as prescribed herein shall require the Town to consider a rezoning of the Property to the prior Industrial Office designation. One (1) extension may be granted administratively for a period not to exceed 180 days. All other extensions may be granted by the Town Council upon of showing of good cause, at an advertised quasi-judicial public hearing.
3. All permits are issued for the projects described in Condition 1 prior to the expiration of any existing vested transportation concurrency rights. Should existing transportation concurrency vesting expire, any permitting for this property shall be subject to mobility fees.
4. As provided in the Applicant's Letter of Interest and as attached to their application, Applicant proffers a voluntary covenant regarding the occupancy of the 220 unit Senior Housing Village adult community as follows:
a. Each occupied unit shall have at least one individual aged 62 years or older; and
b. Except as may be required by Federal and State Law, no units shall be occupied by anyone under the age of 19; and
c. Occupancy of the development shall not occur sooner than January 1, 2020; and
d. If three (3) years after January 1st, 2020 or three years after issuance of a certificate of occupancy, whichever comes last, the vacancy rate of the apartment falls 5 percent below the average vacancy rate the residential properties within the Town owned by The Graham Companies and/or its affiliates, then each occupied unit shall have at least one person 55 years of age or older; and
e. The term of the covenant shall expire in 30 years with three (3), ten (10) year automatic renewals thereafter.
5. As proffered in the Applicant's Letter of Interest attached to their application, they shall donate 1.3 acres of land, to include the completion of an approximate 6,000 square foot building with completed exterior finishes, in fulfillment of the ‘small park' concurrency requirement, prior to the issuance of any certificate of occupancy issued to the property described at Attachment “A” herein.
6. The applicant shall pay a ‘large park' concurrency impact fee, to be calculated at the time of permitting, pursuant to Chapter 33H of the Miami-Dade County Code of ordinances, or donate a minimum of 1.3 acres of land to contribute to a large park, with said impact fee/donation to be tendered prior to the issuance of any building permit issued to the property described at Attachment “A” herein.
7. As proffered in the Applicant's Letter of Interest attached to their application, they shall coordinate with the Town regarding programming/scheduling of the swimming pool/gym amenity to be constructed on the property identified at Attachment “A” herein.
8. Compliance withal other applicable laws not specifically identified herein.
9. Notwithstanding Condition 2 above, the ordinance shall not become effective earlier than 31 days after approval on second reading by the Town Council, to provide for required review and approval of the companion FLUM amendment by the State of Florida's Department of Economic Opportunity.