Coversheet

Town of Miami Lakes
Memorandum

To:	Honorable Mayor and Councilmembers
From:	Alex Rey, Town Manager
Subject:	Senior Village Rezoning
Date:	4/18/2017

Recommendation:

It is recommended that the Town Council vote to approve the request to rezone an approximate 9.45 acre property, as described at Exhibit �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 following Zoning Hearing companion items be approved:

a. The FLUM amendment Application of the property described at Exhibit �A� of the ordinance; 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 within two (2) years of this approval. Completion of construction of both projects to final certificate of occupancy within five (5) years of this approval. Failure to achieve permits or certificate of occupancy as prescribed herein shall vacate this FLUM amendment and revert it back to the 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, they proffer a voluntary covenant the occupancy of the 220 unit Senior Housing Village adult community as follows:

a. Each occupied unit shall be 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 1^st, 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 the 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 provided 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 Exhibit �A� of the ordinance.

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 1.51 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 Exhibit �A� of the ordinance.

7. As provided 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 Exhibit �A� of the ordinance.

8. 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 by the State of Florida's Department of Economic Opportunity.

9. Compliance with all other applicable laws not specifically identified herein.

10. Prior to second reading, Applicant shall include those documents necessary which provide for the transfer of any real property associated with this approval, as acceptable to Town Staff and in a form acceptable to the Town Attorney

Background:
The item addressed herein is being considered for first reading. A fuller description of the project is provided in the Staff Report attached to this memorandum. The application is initiated by the owner of the land involved, and it is part and parcel with a larger comprehensive development which incorporates an assisted living facility and skilled nursing center as part of the �Senior Village� concept. The attachments to this memorandum are specific to the rezoning portion of the project. This request, along with any other companion applications as provided under separate cover, shall proceed under quasi-judicial rules as the benefit inures to a specified development plan. This first reading is being heard in tandem with the FLUM amendment request from Industrial Office to Medium-High Residential for the same 9.45 acre parcel. Pursuant to Florida Statutes, a vote on this item shall only occur prior to consideration and approval of the proposed rezoning amendment.

On March 21, 2017, The Planning and Zoning Board, acting in the capacity as the Local Planning Agency approved the request with the following conditions:

1. The completion and finding of acceptability of the traffic study;

2. The completion and finding of acceptability by the Miami-Dade Public School Board of the application for school concurrency for this project; and

3. The companion applications are approved at second reading of this item;

4. Must provide Park mitigation plan for projects proportionate share;

5. Must provide updated survey of property subject to the FLUM amendment, and

6. Voluntary submission by applicant of a covenant restricting the minimum age to 62 years.

7. An effective date 31 days after approval on second reading upon approval of the State of Florida's Department of Economic Opportunity approving the underlying FLUM amendment.

Each of the above conditions is addressed in the attached staff report.

Should this item and the companion rezoning request be moved for second reading, it shall return with a plat request and two separate site plan requests: one for the age-restricted housing and the other for the assisted living and skilled nursing facility, the latter of which will include a conditional use request. Because the FLUM amendment (and rezoning) is less than ten (10) acres, it must be transmitted to the State of Florida's Department of Economic Opportunity as part of their Small Scale Expedited Review procedure (FS Section 163.3187). As such, the effective date of the FLUM amendment, and in-turn the request and all companion applications shall be 31 days after final adoption by the Town Council.

ATTACHMENTS:

Description

Traffic Analysis Comments

Declaration of Restrictions