Approve site plan modification and lighting permit for tennis and pickleball facility

DATE: August 31, 2023 TO: Yocelyn Galiano Gomez, ICMA-CM, LEED-GA Village Manager FROM: Stephen Olmsted, AICP, LEED-GA Planning Director RE: Royal Palm Tennis Club - 7001 Southwest 98 Street Addition of Tennis and Pickleball Courts; and Conditional Use Permit for Outdoor Court Lighting PETITION REQUEST Royal Palm Tennis Club is requesting (A) Modification of an approved Site Plan to include the addition of 1 new tennis court, 1 new practice hitting wall, 4 new pickleball courts, and 22 additional parking spaces; and the enclosure of 3 outdoor areas adjacent to the Clubhouse; and (B) Approval of a conditional use permit to allow installation of outdoor lights adjacent to 2 existing tennis courts, the proposed practice hitting wall, and the 4 proposed pickleball courts pursuant to the requirements of the Village’s Land Development Regulations, Division 5.25, Tennis Court/Basketball Court/Outdoor Recreational Area Lighting, in compliance with the criteria for a conditional use permit as provided in Division 3.3, Conditional Use Approval. SITE LOCATION The subject property is located at 7001 Southwest 98 Street, at the northeast corner of SW 98 Street and SW 72 Avenue, within the PR, Parks and Recreation Facilities zoning district. 2 SUBJECT PROPERTY OWNER/APPLICANT Royal Palm Tennis Club, Inc./Marissa Neufeld (Greenberg Traurig) BACKGROUND Royal Palm Tennis Court is an established private tennis club located at 7001 Southwest 98 Street, in the Village of Pinecrest. PUBLIC COMMENT The Building and Planning Department has received one request for review of the proposed application and plans, and two telephone inquiries including comments from one caller expressing concern about the noise that activity on the pickleball courts may generate. PINECREST LAND DEVELOPMENT REGULATIONS The existing tennis club is a conditionally permitted use within the PR, Parks and Recreational Facilities Zoning District. Modification of the existing site plan to add a new tennis court, practice wall, and 4 new pickleball courts and the addition of new tennis court lighting is consistent with established uses at the club and will be subject to consideration by the Village Council in a public hearing on September 12, 2023. Modification of the approved site plan also requires conformance with specified criteria including land use compatibility, and compliance with the Village’s Comprehensive Development Master Plan. 3 ANALYSIS In order to obtain approval of a conditional use, an applicant is required to demonstrate compliance with the following standards of Division 3.3 of the Land Development Regulations: 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. There is thick vegetative buffer that exists along all sides of the tennis club including an Areca Palm hedge, Live Oak, Gumbo Limbo, Palm and other trees and shrubs. A buffer between dissimilar uses consisting of a coral rock wall, wooden fence, and areca palm hedge exists along the eastern property line. Submitted plans include the planting of an additional 38 trees on site including several Live Oak trees adjacent to the north, south, east, and west property lines. All existing and proposed lights are shielded and aimed downward as required by the Land Development Regulations to prevent glare. Indicated lighting levels are limited to 0.5 foot-candles or less in compliance with Village requirements at the property line. 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 existing tennis club has a total of 72 parking spaces as originally approved and constructed in 1960 under the jurisdiction of Miami-Dade County. This is fewer than the 124 parking spaces that would otherwise be required if the club were established today. However, the plan amendments proposed by the applicant consisting of an overall reduction in the clubhouse space, including recent demolition of the original clubhouse, and a proposed addition to the newer existing clubhouse; and the addition of 5 new courts results in the need for 19 new parking spaces. The applicant is proposing an additional 22 spaces. Potential adverse impacts will be mitigated through existing vegetative buffering along the northern, southern, and western property lines, and the coral rock wall, wooden fence, and landscape buffer that exists between the tennis club and adjoining single family 4 residence to the east. All proposed lights will be positioned downward and shielded as required. 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 additional courts and lighting will be consistent with the Village’s Comprehensive Development Master Plan and Land Development Regulations governing conditional uses and outdoor lighting, if installed and maintained in accordance with the submitted application and recommended conditions of approval. The proposed use is consistent with Policy 1-1.2.2 of the Village’s Comprehensive Development Master Plan with regard to buffering that is designed to promote an orderly land use transition, and is consistent with all requirements of the Village’s 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. The proposed site plan amendments and new lighting are in compliance with requirements of the Village’s Land Development Regulations. The applicants agree to restricted hours of use as required with no use between the hours of 10:00 p.m. and 8:00 a.m. Additional mitigative measures do not appear to be necessary. 5. HAZARDOUS WASTE - 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. The proposed use shall not generate hazardous waste or require use of hazardous materials in its operation unless the Village Council approves conditions requiring mitigative techniques designed to prevent any adverse impact to the general health, safety and welfare. This standard is not applicable to the proposed conditional use. In addition to the general standards that are applicable to all conditional uses as provided in Division 3.3 of the Pinecrest Land Development Regulations, Division 5.25 of 5 the Land Development Regulations includes specific standards for approval of outdoor court lighting as follows: (a) A photometric plan shall be submitted which specifies the illumination levels, expressed in initial foot-candles, along all affected property lines. A photometric plan has been submitted which shows illumination of 0.5 foot-candles or less at the property line. (b) The lighting shall be designed so that any overspill of lighting onto adjoining properties or street rights-of-way shall not exceed 0.5 foot-candles vertically or horizontally and shall not cause any reflected illumination onto adjacent properties, structures or rights-of-way. Lighting intensity at the property line are indicated to be 0.5 foot-candles and are shielded and aimed downward to prevent glare and illumination onto adjacent properties. (c) Lighting standards and fixtures shall not exceed 18 feet in overall height and shall be located within the confines of the tennis court(s)/basketball court(s). Proposed lighting standards are indicated at a maximum of 18 feet in height, consistent with the maximum permitted height of outdoor sports court lighting. (d) Tennis court/basketball court lighting shall not be used between the hours of 10:00 p.m. and 8:00 a.m. The applicants acknowledge and agree to comply with the Village’s hours for use of outdoor tennis court lighting with no use between 10:00 p.m. and 8:00 a.m. (e) Prior to the issuance of a certificate of use, the permittee must submit a letter of compliance from a registered engineer or architect stating that the installation has been inspected under operating conditions and found to be within the requirements set forth above. If approved by the Village Council, a letter of compliance will be required to be submitted that demonstrates compliance with the approved plans, conditions of approval, and all applicable requirements of the Land Development Regulations including certification that lighting levels do not exceed 0.5 foot-candles at the property line. (f) The lighting shall not be injurious to the area involved or otherwise detrimental to the public welfare. 6 The lighting will not be injurious to the public, if shielded, screened and maintained in compliance with the Village’s Land Development Regulations and proposed site plan. Site Development Plan Building and Planning Department staff have coordinated an evaluation of the proposed site plan with other applicable Village Departments based on the criteria of Division 3.4 of the Village’s Land Development Regulations (Site Plan Approval). This evaluation is intended to provide an assessment of the impacts of the proposed development. The listed criteria are used as the basis for staff’s report and recommendation to the Village Council. (a) In what respects the plan is or is not consistent with the Comprehensive Development Master Plan and the purpose and intent of the zoning district in which it is located. COMPREHENSIVE DEVELOPMENT MASTER PLAN Future Land Use Element The proposed modifications to the approved site development plan are consistent with the PR, Parks and Recreational Facilities Future Land Use classification of the Village’s Comprehensive Plan. The Future Land Use element of the Comprehensive Plan restricts the maximum floor area ratio of the PR District to 0.40 for a one story building. The floor area ratio of the clubhouse is proposed to be reduced from 0.018 to 0.017 (Reduction of 371 square feet); in compliance with floor area ratio requirements of the Village’s Comprehensive Plan. (b) In what respects the plan is or is not in conformance with all applicable regulations of the zoning district in which it is located. PR, PARKS AND RECREATIONAL FACILITEIS ZONING DISTRICT The “Intent” of the PR, Parks and Recreational Facilities zoning district is to accommodate existing public and semi-public uses. Private recreational facilities are conditionally permitted uses within the district. The existing tennis club and proposed additional courts and lighting are designed and planned to be developed in compliance with minimum building setback requirements, maximum height restrictions, maximum impervious area requirements, minimum green space requirements, and parking requirements as specified within the Land Development 7 Regulations. No variances to the Land Development Regulations are requested or required to accommodate the proposed amendments. Division 5.22 d. of the Land Development Regulations limits lighting levels to 0.5 foot candles at the property line. The photometric drawing submitted by the applicant and dated May 8, 2023 shows proposed illumination levels in compliance with lighting limits in all areas adjacent to the property line. All new exterior lighting is proposed to be shielded to prevent glare. The existing tennis club has a total of 72 parking spaces as originally approved and constructed in 1960 under the jurisdiction of Miami-Dade County. This is fewer than the 124 parking spaces that would otherwise be required if the club were established today. However, the plan amendments proposed by the applicant consisting of an overall reduction in the clubhouse space, including recent demolition of the original clubhouse, and a proposed addition to the newer existing clubhouse; and the addition of 5 new courts results in the need for 19 new parking spaces. The applicant is proposing an additional 22 spaces. (c) In what respects the plan is or is not in conformance with the Village subdivision regulations and all other applicable village requirements including the design and construction of streets, utility facilities and other essential services. Concurrency Management/Level of Service Standards The applicant has submitted a traffic study prepared by Dynamic that analyzes the traffic impacts of the additional courts. The study indicates that no increase in club membership is proposed. This was also confirmed by the applicant in a telephone conversation on August 29, 2023. Rather, the new tennis court and pickleball courts will be used by the current membership and will provide them with an option to play both tennis and pickleball. Based on standards of the Institute of Traffic Engineers for tennis courts, the traffic study indicates that the additional courts would otherwise generate 16 vehicle trips during the a.m. peak hour and 21 trips during the p.m. peak hour. This additional level of traffic is minimal and will not cause the level of service on adjoining roadways to deteriorate below the Village’s adopted level of service E. Review and approval of the proposed plans by the Miami-Dade County Fire Rescue Department, DERM, Public Works Department, Health Department and other applicable outside reviewing agencies will be required prior to issuance of building permits. (d) In what respects the plan is or is not consistent with good design standards in respect to all external relationships including but not limited to: 8 1. Relationship to adjoining properties. The subject property is located immediately east of SW 72 Avenue, north of SW 98 Street and south of SW 96 Street. Single-family residences are located adjacent to the existing tennis club immediately to the east, and on the north side of SW 98 Street, the west side of SW 72 Avenue, and the south side of SW 96 Street. A buffer between dissimilar uses consisting of a coral rock wall, wooden fence, and an Areca palm hedge is located along the eastern property line. The existing tennis club will continue to be compatible with neighboring land uses if landscaped as indicated in submitted plans, and if developed and operated consistent with the requirements of the Land Development Regulations as proposed. 2. Internal circulation, both vehicular and pedestrian. Vehicular ingress and egress to the property will continue to be provided through the 2 existing driveway entrances located adjacent to SW 98 Street and SW 72 Avenue. Division 5.23 of the Village’s Land Development Regulations requires construction of pedestrian sidewalks or payment of a fee in lieu of construction when a new building is constructed or when an existing building is remodeled beyond 50% of its floor area. The applicant is proposing to enclose outdoor area adjacent to the clubhouse that exceeds 50% of the floor area of the exiting building. A pedestrian sidewalk exists adjacent to the south side of the tennis club along SW 98 Street. Construction of a sidewalk adjacent to Southwest 72 Avenue and SW 96 Street or payment of a fee in lieu of construction, as determined by the Administrative Official, will be required prior to issuance of building permits. 3. Disposition of open space, use of screening or buffering and preservation of existing natural features including trees. The Village’s Land Development Regulations require minimum green space in the amount of 35% of the property area plus 10 square feet of green space for each parking space provided. A total of 136,714 square feet of green space is required. A total of 139,384 square feet of green space is proposed to be provided. The submitted plan includes landscaping within the parking lot and within landscaped buffers around the perimeter of the property, including an Areca Palm hedge, Clusia, Live Oak and Gumbo Limbo trees, palm trees, and other native trees and shrubs. Submitted plans include the planting of an additional 38 trees including 28 Live Oak trees around the club perimeter. 9 The Public Works Department is considering installation of a culvert and enclosure of the existing drainage swale that exists on the north side of SW 98 Street. The planting of additional trees in the SW 98 Street right-of-way and other street rights-of-way adjacent to Royal Palm Tennis Club will require review and approval of the Public Works Department prior to planting. 4. Building arrangements both between buildings in the proposed development and those adjoining the site. The proposed new courts are set back from adjoining property lines in compliance with the setback requirements of the PR, Parks and Recreational Facilities zoning district. (e) In what respects the plan is or is not in conformance with the village policy in respect to sufficiency of ownership, guarantee for completion of all required improvements and the guarantee for continued maintenance. Affidavits submitted with the application indicate that the subject property is owned by Royal Palm Tennis Club, Inc. Marissa Neufeld has been authorized to act on the club’s behalf. RECOMMENDATION Conditional Use Permit/Modified Site Plan The Building and Planning Department recommends approval of the modified site plan and proposed tennis court lighting subject to the following conditions: 1. Maintenance of the existing landscape buffer along the north, east, west, and south property lines adjacent to the tennis court. 2. Outdoor court lighting shall not be used between the hours of 10:00 p.m. and 8:00 a.m. 3. Submittal of a letter of compliance from a registered engineer or architect stating that the installation has been inspected under operating conditions and found to be consistent with the approved plans, conditions of approval, and all applicable requirements of the Village’s Land Development Regulations including maximum permitted lighting levels that do not exceed 0.5 foot-candles along all property lines. 4. Approval of required building and electrical permits and inspections by the Building and Planning Department. 10 5. Lighting levels at the property line shall be maintained at 0.5 foot-candles or less and the vegetative buffer as indicated on submitted plans shall be maintained as shown including a minimum height of 12 feet for the Clusia hedge. In the event that the existing and proposed vegetative buffer is compromised, damaged, or diminished to an extent that causes lighting levels to exceed 0.5 foot candles at the property line, Royal Palm Tennis Club shall disengage and discontinue outdoor lighting as necessary to maintain compliance with maximum permitted lighting levels of 0.5 foot-candles or less at the property line. 6. Review and approval of the proposed plans by the Miami-Dade County Fire Rescue Department, DERM, Public Works Department, Health Department and other applicable outside reviewing agencies prior to issuance of building permits. 7. Construction of pedestrian sidewalks adjacent to SW 72 Avenue and SW 96 Street or payment of a fee in lieu of construction as determined by the Administrative Official upon confirmation that the final design of the building addition exceeds 50% of the area of the existing building at the time of application for building permits. 8. Review and approval of the location of additional trees and landscaping in the adjacent public rights-of-way by the Public Works Department prior to planting.