Hearing on floodplain variance for school and church buildings

1 DATE: May 3, 2022 TO: Yocelyn Galiano, ICMA-CM, LEED-GA Village Manager FROM: Stephen Olmsted, AICP, LEED-GA Planning Director RE: Gulliver Schools, Inc. (Gulliver) and Immanuel Presbyterian Church of Miami, Inc. (Crossbridge) – Request for Variances _________________________________________________________________________________ PETITION REQUEST Melissa Tapanes Llahues, Esq. (Applicant) and Gulliver Preparatory School, Inc. and Immanuel Presbyterian Church of Miami, Inc. (Owners) are requesting approval of the following: 1. A variance from the requirements of Division 6.3.301.2 of the Village’s Land Development Regulations (Floodplain Management Ordinance) to allow construction of the finished floor of new approved occupiable buildings at an elevation of 10.9 feet NGVD instead of 11.58 feet NGVD, and the finished floor of the approved parking garage at 10.4 feet NGVD instead of 11.58 feet NGVD as otherwise required; and 2. A conditional use permit to allow placement of eight (8) portable classroom trailers on the north side of the Gulliver campus for a period not to exceed two (2) years. The purpose of the proposed temporary classrooms is to replace classroom space scheduled for demolition during Phase I of construction. No increase in the maximum permitted student enrollment cap is proposed. SITE LOCATION The subject property is located at 6491, 6575, 6605, 6675, 6545, and 6691 SW 88 Street, Pinecrest, Florida 33156 within the PS, Public Service zoning district. 2 OWNER/APPLICANT OWNER: Gulliver Schools, Inc. (Gulliver) and Immanuel Presbyterian Church of Miami, Inc. (Crossbridge) APPLICANT: Melissa Tapanes, Esq. BACKGROUND In 2019, the Village Council approved a revised site development plan (Development Order 2019-0716-B) for Gulliver and Immanuel Presbyterian Church allowing the development of new classrooms, an auditorium, a gymnasium, a parking garage, and a new church. The approved site plan indicates a finished floor elevation for the occupiable buildings of 10.9 feet NGVD and the finished floor of the approved parking garage at 10.4 feet NGVD as requested in this application for a variance. The applicants had not applied for a variance at the time of site plan review and staff had not realized the need for a variance at that time. The justification and need for the proposed variance are provided in the applicant’s application and Letter of Intent. Other existing buildings on the campus are constructed at a lower elevation that ranges between 9.09 and 10.10 feet NGVD, and elevation of the new buildings to a higher elevation of 11.58 feet NGVD would require introduction of approximately 1.5 feet of fill, resulting in a substantial deviation between the elevations of the existing and proposed new buildings. The proposed elevation of the occupiable buildings of 10.9 feet is higher than the highest crown of road adjacent to the property (Kendall Drive) which is 10.58 feet. Note: Plans recently submitted by Crossbridge Church for building permits indicate compliance with existing finished floor elevation criteria without need for a variance. SUBJECT PROPERTY 3 Additionally, a total of eight (8) temporary portable classroom trailers are proposed to be located on the Gulliver campus for a period of two (2) years to accommodate students during construction of new permanent classrooms as approved by the Village Council in Development Order 2019-0716-B. PUBLIC COMMENT The Building and Planning Department has received comments relative to the proposed temporary classrooms. A copy of the correspondence is attached for the Village Council’s consideration. Additionally, a neighboring property owner called to inquire if the proposed classrooms would be installed west of the swimming pool at Gulliver and staff confirmed that they are proposed to be located to the west of the pool. PINECREST LAND DEVELOPMENT REGULATIONS 1. Finished Floor Elevation - Variance - Division 6.3.107 of the Village’s Land Development Regulations (Variances and Appeals) indicates that the Village Council is responsible for hearing and deciding requests for variances from the Village’s Floodplain Management requirements in accordance with noted criteria. 2. Temporary Classrooms - Conditional Use Permit – The temporary classroom trailers proposed to be located on the Gulliver campus are a conditionally permitted use. Division 3.3 of the Village’s Land Development Regulations include criteria for consideration of a conditional use permit. The existing school and approved redevelopment activities are proceeding in compliance with plans and development orders previously approved by Miami-Dade County and the Village of Pinecrest. Division 6.3.107 - Finished Floor Elevation Variance ANALYSIS Criteria for approval of a variance from the finished floor elevation requirements of the Land Development Regulations include the following: (1) Submission by the applicant, of a showing of good and sufficient cause that the unique characteristics of the size, configuration, or topography of the site limit compliance with any provision of this ordinance or the required elevation standards Construction of the proposed buildings at the required elevation would result in structures that are higher and aesthetically out of proportion with other established buildings on campus. Failure to grant the requested variance would require 4 elevation of the natural grade of the property and construction of the new buildings at a height that would be unnecessarily high. (2) Determination by the Village Council that: (a) Failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable; increased costs to satisfy the requirements or inconvenience do not constitute hardship Due to the topographic characteristics and location of the subject property, if the variance is not approved, the owners would be required to add a significant volume of fill material to raise the elevation of the building pads, contrary to best practices, and provide for more extensive on-site retention of stormwater to prevent storm water runoff and flooding of adjacent properties. (b) The granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws and ordinances All structures are required and proposed to be constructed at minimum elevations that are higher than the minimum required FEMA flood elevation of 8.00 feet NGVD. Staff does not anticipate increased flood heights, the creation of a nuisance, fraud, or victimization of the public as a result of the granting of this variance. (c) The variance is the minimum necessary, considering the flood hazard, to afford relief Approval of the requested variance will allow Gulliver to construct the classrooms and buildings with floor elevations consistent with other adjoining buildings without the need to increase the elevation or otherwise alter the natural grade of the property. (3) Receipt of a signed statement by the applicant that the variance, if granted, shall be recorded in the Office of the Clerk of the Court in such a manner that it appears in the chain of title of the affected parcel of land The applicants have agreed to record the Development Order, if approved. (4) If the request is for a variance to allow construction of the lowest floor of a new building, or substantial improvement of a building, below the required elevation, 5 a copy in the record of a written notice from the Floodplain Administrator to the applicant for the variance, specifying the difference between the base flood elevation and the proposed elevation of the lowest floor, stating that the cost of federal flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation (up to amounts as high as $25 for $100 of insurance coverage), and stating that construction below the base flood elevation increases risks to life and property. If the variance is approved by the Village Council, the Village’s Floodplain Administrator will issue the required notice to the property owners and require that the notice be recorded in the public Records of Miami-Dade County prior to issuance of a building permit. RECOMMENDATION The Building and Planning Department recommends approval of the application for a variance, subject to the following conditions: 1. The elevation of the finished floor of the occupiable buildings shall be established at or above an elevation of 10.9 feet NGVD instead of 11.58 feet NGVD, and the finished floor of the approved parking garage shall be established at an elevation of 10.4 feet NGVD instead of 11.58 feet NGVD as otherwise required. 2. Finished floor elevation requirements notwithstanding, all construction and development on the subject property shall otherwise comply with all requirements of the Village of Pinecrest Land Development Regulations and Florida Building Code. 3. The Floodplain Administrator shall issue the required notice to the property owners and require that the notice be recorded in the public Records of Miami-Dade County prior to issuance of a building permit. Division 3.3 Conditional Use Approval ANALYSIS In order to obtain approval of a Conditional Use, the applicant is required to demonstrate the following: 1. LAND USE COMPATIBILITY: The Conditional Use, including its proposed scale and intensity, traffic generating characteristics, and off-site impacts shall be compatible and harmonious with adjacent land uses and shall not adversely impact land use activities in the immediate vicinity. 6 Gulliver is an established school in the Village of Pinecrest. Continued compliance with restrictions and requirements of the Land Development Regulations and approved development order will help to ensure and maintain land use compatibility between the proposed temporary classrooms and adjoining single-family residential uses. Substantial landscaping and building setbacks will continue to buffer campus activities from adjoining residences located to the south and east. 2. SUFFICIENT SIZE, SITE SPECIFICATIONS AND INFRASTRUCTURE TO ACCOMMODATE THE PROPOSED USE. The size and shape of the site, the proposed access and internal circulation, and the urban design must be adequate to accommodate the proposed scale and intensity of conditional use requested. The site shall be of sufficient size to provide adequate screening, buffers, landscaping, open space, off-street parking, efficient internal traffic circulation, infrastructure and similar site plan improvements needed to mitigate against potential adverse impacts of the proposed use. The site is large enough to accommodate eight (8) temporary classroom trailers for a limited period of 2 years and will not generate a demand for levels of service greater than those required to support the campus redevelopment approved by the Village Council in 2019. 3. COMPLIANCE WITH THE COMPREHENSIVE DEVELOPMENT PLAN (CDMP) AND LAND DEVELOPMENT CODE. The conditional use and site plan shall comply with environmental, zoning and other applicable regulations of the Land Development Code, and shall be consistent with the CDMP. The existing school and additional temporary classrooms are consistent with the Future Land Use Element of the Village’s Comprehensive Development Master Plan and are a conditionally permitted use within the PS, Public Service zoning district. The existing school and eight (8) additional temporary classroom trailers are consistent with setback requirements of the Land Development Regulations. 4. PROPER USE OF MITIGATIVE TECHNIQUES. The conditional use and site plan shall incorporate mitigative techniques needed to prevent adverse impacts to adjacent land uses. In addition, the design scheme shall appropriately address off-site impacts to ensure that land use activities in the immediate vicinity, including community infrastructure, are not burdened with adverse impacts detrimental to the general public health, safety and welfare. 7 The existing campus is developing in accordance with approved plans which include ample setbacks and landscaping adjacent to established residential areas to the south and east of the school. The classroom trailers are proposed to be located within the north-central portion of the campus and are not expected to generate additional adverse impacts. 5. HAZARDOUS WASTE. No conditional use which generates hazardous waste or uses hazardous materials shall be located in the Village unless the specific location is consistent with the CDMP, Land Development Code, and does not adversely impact well fields, aquifer recharge areas, or other conservation resources, as may be applicable now or in the future. This standard is not applicable. The proposed temporary classrooms are not expected to generate hazardous waste or require use of hazardous materials. STAFF RECOMMENDATION Based on the above analysis, the Building and Planning Department recommends approval of the proposed conditional use for placement of eight (8) temporary classroom trailers on the Gulliver campus subject to the following requirements and conditions: 1. Compliance with all requirements of the Village of Pinecrest, including the Pinecrest Code of Ordinances and Comprehensive Development Master Plan; and review and approval of an application for building permits subject to compliance with applicable permitting requirements. 2. Continued compliance with all requirements and conditions of Pinecrest Development Order 2019-0716-B. 3. Removal of the eight (8) temporary classroom trailers from the Gulliver campus no later than May 10, 2024. 4. This conditional use does not grandfather, vest, or approve any use that violates this conditional use, these conditions, the Village Code of Ordinances, or other applicable law. 5. Conditions imposed by other development orders or resolutions affecting the property not expressly modified herein shall remain in full force and effect.