Approve off-site parking agreement for Pinecrest Physical Therapy at Damiani

DATE: January 2, 2024 TO: Yocelyn Galiano, ICMA Village Manager FROM: Stephen R. Olmsted, AICP Planning Director RE: Off-Site Parking Agreement Agreement between Piphty Three Holdings LLC/Pinecrest Physical Therapy and Echo Eight LLC/Damiani _________________________________________________________________________________ PETITION REQUEST Pinecrest Physical Therapy is in the process of moving from their office located at 9619 Pinecrest Parkway to a new location at 8935 Pinecrest Parkway. Piphty Three Holdings LLC/”Pinecrest Physical Therapy” and Echo Eight LLC/”Damiani” are now requesting approval of an Off-Site Parking Agreement pursuant to the requirements of Division 5.22 (b) 3. of the Village’s Land Development Regulations to allow for the allocation of five (5) excess parking spaces located at Damiani to be used to satisfy the Village’s minimum parking requirements at Pinecrest Physical Therapy. A copy of the application, lease agreement, opinions of title and other application materials are attached. SITE LOCATION The subject properties are located at 8935 Pinecrest Parkway (Pinecrest Physical Therapy) and 8865 Pinecrest Parkway (Damiani) in the Village of Pinecrest within the BU-2, Special Business Development zoning district - Folio # 20-5002-005-0100 (Pinecrest Physical Therapy), and Folio # 20-5002-005-0080 (Damiani). 2 OWNERS/APPLICANTS Pinecrest Physical Therapy: Piphty Three Holdings LLC (Owner) and Pinecrest Physical Therapy, LLC (Applicant) Damiani: Echo Eight LLC (Owner) and Damiani (Applicant) PUBLIC COMMENT The Building and Planning Department has not received any letters in support or in opposition to the request for approval of an Off-Site Parking Agreement. LAND DEVELOPMENT REGULATIONS The subject properties are zoned BU-2, Special Business Development. Criteria for approval of an Off-Site Parking Agreement are provided in Division 5.22 of the Village’s Land Development Regulations. Off-site parking may be allowed in the BU and RU-5 zoning districts after a public hearing is convened by the village council, provided the following conditions are met. a. The off-site parking facility is located within 100 yards of the main parcel for which permission for off-site parking is being sought. The Damiani parking lot is located less than 300 feet to the north of Pinecrest Physical Therapy property. SUBJECT PROPERTIES 3 b. An application has been filed with and accepted by the administrative official as being in compliance with the requirements set forth herein. An application has been submitted by both Pinecrest Physical Therapy and Damiani. A copy of the applications is attached. c. The application is in the name or names of the owner of the real property seeking permission to utilize an off-site parking facility, the name of any tenant or business on such real property seeking permission to utilize an off-site parking facility, and in the name of the owner of the real property proposed for use as an off-site parking facility. The applications are signed by the property owners of both properties. d. The applicants provide to the village an ownership and encumbrance report or policy of title insurance, acceptable to the administrative official, showing the ownership of both parcels to be listed in the names of the applicants as of the date of any action by the village council on the application. Opinions of Title have been provided by the owners and mortgagors of both Pinecrest Physical Therapy and Damiani properties. The Village Attorney has indicated that Joinder of the Mortgagees of both properties will be required. e. The property proposed to be utilized as an off-site parking facility is not currently required parking for any other use granted by the village or has sufficient unallocated parking available. Pinecrest Physical Therapy proposes to utilize five (5) parking spaces at Damiani and the available spaces are excess spaces, not needed to satisfy Damiani’s minimum retail parking requirements. f. The application reflects that all parties acknowledge that the off-site parking facility is to be used only for off-site parking as required by the proposed business, and that such off-site parking facility shall not be available for any other use. Paragraph 3. of the attached lease agreement, stipulates that the five (5) designated parking spaces at Damiani are dedicated for exclusive use by Pinecrest Physical Therapy. g. The applicants acknowledge that no grandfathered status shall attach to the business use, structure or real property having such off-site parking, and in the event such business or use shall lose its authority or permission to utilize such off-site parking, that 4 use shall immediately cease. The agreement provided to the village shall be properly witnessed and notarized, shall be recorded in the official records of the county, and shall be binding upon the heirs, assigns and devises of the parties to the agreement. The submitted lease agreement between Pinecrest Physical Therapy and Damiani includes a clause acknowledging that no grandfathered status shall be attached to the property or use and that once sufficient parking is no longer available to the Pinecrest Physical Therapy property, such use shall cease. The development order and agreement, if approved, will be recorded in the Miami-Dade County public records for both properties. h. Any cost to the village for recording of such agreement or attorney's fees in the preparation, review or filing of such agreement shall be prepaid by the applicant prior to any village council action on the application. The applicant has provided an initial deposit of funds for recording of the off-site parking agreement, if approved, and for the Village Attorney’s review fees. i. Any parking provided on any such off-site parking facility shall be upgraded to meet current village regulations for required parking (including required landscaping). The parking spaces and parking lot landscaping at the Damiani off-site parking lot are in compliance with Village requirements. j. The agreement shall specify that the business for which off-site parking is being sought shall have all owners, employees or agents of such business park on such off-site facility, and not park on the real estate for which permission for off-site parking is being sought and any violation of such parking restriction shall cause off-site parking approval to be revoked by action of the village council. The submitted lease agreement between Pinecrest Physical Therapy and Damiani includes a clause requiring employees of Pinecrest Physical Therapy to park on the off- site Damiani parking lot. A clause to this effect is also included as a recommended condition of approval and, if approved, can be included in the subsequent development order. k. The agreement provided to the village, or any approval for use of off-site parking facilities, shall not be assignable by the applicants. And any approval for the use of off- site parking facilities shall be subject to being revoked by the village council in the event that any of the applicants shall sell or covey the facility for which permission for utilization of off-site parking is being sought, the off-site parking facility, or the business 5 seeking permission for utilization of an off-site parking facility. Any certificate of occupancy or occupational license issued concerning the property for which off-site is being sought shall be issued conditioned upon the owner or holder of any such license maintaining the exclusive right to use such off-site parking facility. A clause to this effect is included as a recommended condition of approval and, if approved, can be included in the subsequent development order. RECOMMENDATION The Building and Planning Department recommends that the Off-Site Parking Agreement be approved, subject to the following conditions of approval: 1. The Applicants shall obtain Joinder of all Mortgagees. 2. The off-site parking facility, consisting of 5 parking spaces located at 8865 Pinecrest Parkway is to be used only for off-site parking as required by Pinecrest Physical Therapy, located at 8935 Pinecrest Parkway, and the off-site parking facility shall not be available for any other use during the hours that Pinecrest Physical Therapy is operating and open for business. 3. Pinecrest Physical Therapy shall post a sign in the Pinecrest Physical Therapy parking lot advising employees to park in the reserved parking spaces at Damiani; and Damiani shall post a sign in the Damiani Parking lot reserving the five (5) parking spaces for Pinecrest Physical Therapy employees. Proposed signage shall be reviewed and approved by the Village Manager before posting. 4. No grandfathered status shall attach to the business use, structure or real property having such off-site parking, and in the event such business or use shall lose its authority or permission to utilize such off-site parking, that use shall immediately cease. 5. All owners, employees or agents of Pinecrest Physical Therapy shall park on the approved off-site parking facility, and shall not park on the real estate for which permission for off-site parking is approved. Any violation of this parking restriction shall cause the off-site parking approval to be revoked by action of the village council. 6. The off-site parking agreement and lease for use of off-site parking facilities, shall not be assignable by the applicants. The approval for the use of the off-site parking facility shall be subject to being revoked by the village council in the event that any of the applicants sell or covey the facility for which permission for utilization of off-site 6 parking is being sought, the off-site parking facility, or the business seeking permission for utilization of an off-site parking facility. 7. Any certificate of occupancy or Local Business Tax Receipt issued or renewed concerning the Pinecrest Physical Therapy property located at 8935 Pinecrest Parkway for which off-site parking is being sought shall be issued conditioned upon the owner or holder of any such certificate of occupancy or local business tax receipt maintaining the exclusive right to use such off-site parking facility. 8. On or before expiration of the lease agreement on December 15, 2024, the owner of Pinecrest Physical Therapy shall provide the Village of Pinecrest a copy of a new lease agreement authorizing continued use of the off-site parking facility, and shall otherwise immediately notify the Village Manager when an effective lease agreement authorizing use of the off-site parking facility is terminated. 9. Pinecrest Physical Therapy shall maintain compliance with all off-site parking facility requirements of Division 5.22 (b) 3. of the Village’s Land Development Regulations. 10. The Village Attorney shall review and approve the Off-site Parking Agreement as to form and sufficiency prior to recording. 11. The development order and agreement shall be recorded in the official records of Miami-Dade County, and shall be binding upon the heirs, assigns and devises of the parties to the agreement.