M E M O R A N D U M
To: Honorable Mayor and Town Council
From: Rafael G. Casals, Town Manager
Date: August 19, 2015
Deferred Per Applicant from June 17, 2015 and July 15, 2015 Town Council Meetings
Re: Conditional Use Permit - Pinnacle Investment Properties Inc.
(Application No.: CUSE-2015-002)
Note: Additions shown by underlined and deletions shown by strikethrough.
REQUEST:Title
A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, APPROVING A CONDITIONAL USE APPLICATION TO PERMIT THE CONVERSION OF 58,428 SQUARE FEET OF OFFICE SPACE IN AN EXISTING 4 STORY BUILDING LOCATED AT 10750 CARIBBEAN BOULEVARD FROM BUSINESS USE TO A CHARTER SCHOOL, AS LEGALLY DESCRIBED IN EXHIBIT “A”, CONSISTING OF APPROXIMATELY 2.16 NET ACRES; AND PROVIDING FOR AN EFFECTIVE DATE.
Body
BACKGROUND AND ANALYSIS:
The intent of this request is to seek approval of a conditional use application by Pinnacle Investment Properties to convert an existing office building at 10750 Caribbean Boulevard in the Town Center District to a charter school. The property consists of 58,428 total square feet of office space in a four story building on a 2.16 acre site. Alliance Development has entered into a contract with Pinnacle Investment Properties to buy and renovate the property and operate it as Virtus Academy 6-12 Public Charter School. A copy of the Conditional Use Application is provided in Attachment “A” and the aerial photograph in Attachment “B” shows the property location.
If this conditional use application is approved by the Council, the applicant will also be required to obtain administrative site plan approval in order to implement the proposal. The Application for Conditional Use was reviewed under the requirements of Sections 3-39(B), 211 and 212(F).
Property Background and Description. The 4 story office building at 10750 Caribbean Boulevard (Folio 36-6007-024-0010) currently named South Dade 1 was built in 1960 as part of the Cutler Ridge Office Park. The South Dade 2 building currently houses Cutler Bay Town Hall and other office uses.
The subject building includes four floors of 14,607 square feet each for a total of 58,428 square feet. After its construction in 1960, the building was operated as office space and underwent various upgrades over the years.
After acquiring the property from Pinnacle Investment Properties, Alliance Development plans a complete renovation of the entire building to upgrade all fire protection, life safety, mechanical, electrical, and plumbing systems so that the building complies with the Florida Building Code for Educational Facilities. Other planned improvements include roof replacement, elevator modernization, reconfiguration of the southern parking area, and replacement of the northern parking area with recreational facilities. The building will include 33 classrooms, a music lab, a computer lab, an art lab, and a cafeteria. The existing parking area on the north side of the building will be converted into recreational space including a basketball/volleyball court, volleyball court, a mini soccer field, a walking track, and a pre-K to 2 play area. and a vita course with exercise equipment. Upon completion, the school will total 902 888 students and 55 46 staff members.
CONDITIONAL USE EVALUATION CRITERIA:
In evaluating an approval of a conditional use application under the Town’s Land Development Regulations, the following evaluation criteria apply.
1. Compliance with the Town’s Growth Management Plan.
Yes with conditions. The Town’s 2020 Future Land Use Map (see Attachment “C”) shows the subject parcel designated in the “Town Center” land use category. This category allows a mix of retail, services, hotels, entertainment, residential, institutional and offices. A school is typically considered an Institutional Use. There are a number of Growth Management Plan objectives and policies that support development and redevelopment within the Town Center area including the proposed redevelopment of an aging office building as an active school. However, there are a number of policies, listed below, in the Growth Management Plan which this application needs to address.
Policy FLU-2A: Development and redevelopment in Town Center shall provide for a well-designed and compatible area that provides attractive places to live, work and shop and is accessible via the full range of transportation options, including transit, automobiles, bicycles and pedestrians.
The addition of the Charter School will provide an educational option for residents of the Town and attract people to the Town and Town Center specifically. The redevelopment of a blighted office building in the Town Center will allow for a more attractive environment.
Policy FLU-7C: The Town, through its Land Development Regulations, shall require developers to provide necessary on-site infrastructure including parking; safe and convenient traffic circulation; sidewalks and multi-modal transportation facilities, as appropriate; open space; water and wastewater connections of facilities, and drainage and stormwater management.
The applicant will be completely remodeling the building’s interior and exterior as well as providing storm water, open space, parking and circulation improvements.
Policy FLU-2E: The Town shall implement unified high quality urban design in the Town Center in accordance with the adopted regulating plan for the area, as it is periodically amended.
The applicant will be implementing high quality design through façade improvements to the existing structure.
Policy FLU-5F: The Town shall require aesthetically pleasing and environmentally sensitive landscaping as an important component of development and redevelopment proposals.
The applicant will be updating landscaping to meet the Town’s Land Development Regulations and Florida Friendly Landscaping Principles.
Policy T1-3J: The Town shall coordinate with Miami-Dade County Schools, and the Metropolitan Planning Organization to develop safe routes to and from schools.
Through coordination with Public Works, FDOT is currently undertaking sidewalk improvements on Caribbean from Southland Mall to the Turnpike. Improvements are scheduled to begin on Caribbean boulevard from Coral Sea road to the C100 Bridge on August 10, 2015, and improvements to Caribbean from the C100 Bridge to the Turnpike are estimated to begin in May of 2016.
Policy C-2N: The Town will encourage the use of Florida Friendly Landscapes guidelines and principles; gutter downspouts, roof runoff, and rain harvesting through the use of rain barrels and directing runoff to landscaped areas; drip irrigation or micro-sprinklers; and the use of porous surface materials (bricks, gravel, turf block, mulch, pervious concrete, etc.) on walkways, driveways and patios.
The Town is requiring these improvements.
Policy C-12I: The Land Development Regulations will include site plan review standards that all stormwater collected on rooftops will be directed to drain into landscape planter beds or otherwise be utilized on-site before running into a storm drain catch-basin.
The Town is requiring these improvements.
Policy I5-2A: The Town will continue to enforce the on-site water retention standards for new development and redevelopment projects.
The Town is requiring these improvements.
Policy C-12H: The Land Development Regulations will include site plan review criteria that will require the developer to submit statements and all necessary information to describe the green developments standards they are utilizing within their developments.
The Town is requiring these improvements.
Policy EDU-3F: When considering a site for possible use as an educational facility Miami Dade County Public Schools should consider whether the present and projected surrounding land uses are compatible with the operation of an educational facility.
The Town finds the Institutional use of a Charter School to be compatible with the surrounding land uses. This use benefits existing property values and community goals. The proposed school will provide a functional amenity for the area and fulfills Comprehensive Plan and Zoning Code parameters.
Staff recommends these issues be addressed as part of this approval in order to ensure full compliance with the Growth Management Plan.
Staff finds that a Charter School use located within the Town Center would be consistent with the Goals, Objectives and Policies with the Town’s Growth Management Plan.
2. Consistent with the “character and purpose” of the zoning district.
Yes with conditions. The subject property is zoned ‘Town Center District’ on the official Zoning Map (see Attachment D) and the district allows a wide mix of uses including educational. The District “is provided to encourage the expansion and redevelopment of Southland Mall and adjoining areas.” The project will provide a more active use of a previously marginally utilized office building.
The Town Center District also specifies that the mix of uses should be “in a compact, pedestrian-oriented environment.” The project’s setting within the Town Center District is not oriented to foot traffic. It is recommended that additional pedestrian improvements be considered as part of this approval and as part of site plan approval.
3. The size, shape and character of the property are suited for the proposed use.
Yes. While most public school buildings are typically one to two stories on larger properties, many charter schools have been developed in repurposed commercial structures. There is some concern about the proposed recreational use adjacent to a heavily used roadway. Safety bollards will be installed. This will be further discussed at Site Plan review.
4. Is compatible with the existing uses near the property.
Yes. Abutting and adjacent properties to the west and south are occupied by commercial, office and civic uses. The change of use to educational is compatible with nearby existing uses including the South Dade Cultural Center and Library to the south. The applicant proposes improvements to transition the commercial character of the surrounding area into a positive environment for a school. The design improves aesthetics, provides trees and edge treatments for the site following standards of the code to help address compatibility issues. Furthermore, the charter school will also be compatible with the possible future development of a park adjacent to Town Hall.
5. Will not adversely affect the development of the general neighborhood or district.
Yes. The educational use is not expected to have any negative external impacts. Consideration should be given to ensure that traffic during morning and afternoon drop-off times is mitigated. The applicant has submitted a Traffic Study prepared by Kimley Horn. This Traffic Study has been reviewed and approved by both the Town Traffic Engineer and the Miami Dade Public Works Department.
6. Will not generate vehicular traffic or create vehicular circulation problems or parking demands that have an unfavorable impact on surrounding properties when compared with uses permitted by right in the same district.
Yes with conditions. The project will have an unfavorable impact due to the congestion created during drop-off and pick-up times. This impact must be successfully mitigated by the applicant meeting the conditions noted in the traffic analysis. Also, there are several conditions to this approval that will mitigate any unfavorable impact on surrounding properties.
7. Potential for fire and/or other equally or greater dangerous hazards.
No. The proposed use will not create hazards.
8. Create an unfavorable environmental impact on surrounding uses (e.g. noise, glare, smoke, dust, odor, fumes, water pollution, or general nuisance).
No. The proposed use will create no unfavorable environmental impacts on surrounding uses.
9. Is consistent with existing and planned pedestrian and vehicular circulation adjacent to and near the property.
Yes with conditions. As noted previously, the Town’s Growth Management Plan contains a number of policies addressing safe and convenient traffic circulation, full range of transportation options, including transit, automobiles, bicycles and pedestrians, and aesthetically pleasing landscaping in the “Town Center” area. In addition to meeting the traffic study conditions, the project does address Policy FLU-7C.
10. Site is adequately served by essential public services and facilities not requiring additional public expense in infrastructure improvements.
Yes. The proposed public educational use should have no additional impact on essential public services and facilities. Level-of-service standards adopted in the Growth Management Plan for roads, drainage, water, wastewater and solid waste will be maintained if the conditional use is approved.
11. Will not adversely affect any site or feature of historical, cultural, natural or scenic importance.
Yes. The proposed use will not adversely affect any site or feature of historical, cultural, natural or scenic importance.
12. Will not be contrary to the public health, safety, and welfare, provided that a denial based exclusively on this language shall include explicitly findings regarding the way in which granting the special exception would be contrary to the public health, safety and welfare.
Yes with conditions. The approval of this conditional use application with appropriate conditions as discussed above and noted in the Recommendation section will not be contrary to the public health, safety and welfare of the residents of the Town of Cutler Bay. It will provide an additional educational resource for Cutler Bay and unincorporated County residents to increase their skills and employment potential.
ADDITIONAL EDUCATIONAL USE STANDARDS:
Town Code Section 3-212(F) provides additional standards which must be considered when a conditional use application for an educational facility or school, public or private, is filed. These standards are presented and discussed below.
1. When determining impacts on surrounding uses, neighborhood compatibility, traffic and on-site stacking and circulation shall be considered. The applicant will be required to submit a traffic management plan prior to conditional use approval. The plan must be prepared by a qualified traffic engineer and indicate methods to resolve internal/external traffic conflicts due to ingress, egress, stacking, drop-off, pick-up, and other parking issues related to the site and adjoining properties. The plan should be supported by a traffic study which demonstrates that vehicular access and circulation standards are being met and that pedestrian and vehicular circulation can be provided in an efficient and safe manner.
Yes with the condition that all of the issues and conditions in the traffic analysis are satisfactorily addressed. Yes. The Applicant has provided the above and has received approval from the Town’s Traffic Engineer and Miami Dade County Public Works. At Site Plan approval, Staff will again review the traffic study.
2. All traffic calming, signage and any proposed changes to traffic lanes on any roadways associated with the school must obtain prior approval from the Miami-Dade County Public Works Department.
Yes with the condition that all of the issues and conditions in the traffic analysis are satisfactorily addressed.
Yes. The Applicant has provided the above and has received approval from the Town’s Traffic Engineer and Miami Dade County Public Works. At Site Plan approval, Staff will again review the traffic study.
3. All outdoor play areas shall be buffered from any residential uses for the purpose of mitigating noise.
Not applicable.
4. No off-site parking or queuing is permitted at any time of the day.
Yes with the condition for additional stacking in the mall parking lot and pedestrian access to it as detailed in the traffic analysis met.
Yes. No off-site parking or queuing will be permitted at any time of day.
5. An accumulation assessment is required to meet all Miami-Dade County standards.
Yes the accumulation assessment was completed and conditions set as detailed in the traffic analysis.
RECOMMENDATION:
It is recommended the Town Council approve the attached Resolution subject to the following conditions:
1. Virtus Academy shall only be operated at 10750 Caribbean Boulevard, as indicated in the Plan of Survey, dated October 2, 2014, prepared by Ricardo Rodriguez, P.S.M. Operating this school from another location will require conditional use approval from the Town and applicable regulatory agencies.
2. Must maintain all storm water runoff on site.
3. A storm water management plan that meets the Town’s sustainability requirements for on-site retention, surface bio-swale treatment, and pervious surface standards should be developed and provided at site plan approval.
4. This approval shall only apply to grades Pre-K 6 through 10th 12TH Grade.
5. Applicant must secure administrative site plan approval for the site prior to operation of the Charter School. Site plan must show substantial landscape, pavement marking, traffic circulation, adequate parking onsite, and pedestrian safety improvements to the parking field. Lighting must also be analyzed for compliance with Code standards and improved if necessary. During administrative site plan review, the Town may impose reasonable development standards and conditions in accordance with s. 1013.51 <http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=1000-1099/1013/Sections/1013.51.html>(1) and consider the site plan and its adequacy as it relates to environmental concerns, health, safety and welfare, and effects on adjacent property.
6. The Applicant shall reimburse the Town for professional fees incurred (cost recovery) as part of the conditional use application approval process. The cost-recovery reimbursement shall be paid to the Town prior to the issuance of the Certificate of Use.
7. The Applicant shall provide the Town of Cutler Bay Department of Community Development a certified copy of the enrollment on November 1st of each school year.
8. Traffic operations shall not create internal site queues that would potentially back-up through the driveway and thus impede traffic flow. If this occurs, the Applicant has 72 hours to provide an alternative internal traffic circulation plan to the Town with specific actions to mitigate the queues problem.
9. The school must comply with PWWM’s approved Traffic Evaluation, Traffic Operations Plan and Site Plan as follows:
A. Traffic Study Comments:
1. A trip assignment illustration with existing, background, project trips (in and out) and total trips should be included within the report.
B. School Traffic Operation Plan (TOP) Comments:
1. The attached TOP must be signed and dated.
2. Table 4.2-2 School Schedule Shift Descriptions should be completed by describing the Middle and High shift as instructional. Any other shifts such as early care, after care and/or after school activities should be stated and described.
3. Table 8.0-1 School Crossing Description should include the intersection street names as part of the description.
4. The open parking spaces may be assigned to student drivers if the school policy allows for student to drive their own vehicles to school.
C. Operational Requirements:
1. A signed and dated copy of the attached TOP must be submitted to PWWM.
2. The school shall operate as per the TOP attached. The school must maintain a 507 student maximum limit per arrival and dismissal shift with a minimum 20 minute time schedule separation between any two shifts, and no more than three shifts during any arrival and/or dismissal period.
D. Offsite Infrastructure Requirements:
1. The Caribbean Boulevard median opening at the intersection of Caribbean Boulevard with Chase Driveway East must be permanently closed with a curbed median.
2. The applicant will be required to install a school speed zone, as per the governing standards, for any existing or future uncontrolled school crossings that provide direct access to the school’s property, or for any remote school crossings serving the school site that has been warranted as per FDOT Topic No. 750-010-027-h, Section 2. “School Zone Speed Regulations.” Additionally, the school will be required to conduct and submit the traffic studies stated in FDOT Topic No. 750-010-027-h, Section 2. “School Zone Speed Regulations,” following a request by PWWM. PWWM may request the traffic studies for a time period beginning with the school’s opening until two years after the school operates with at least 90% student enrollment capacity or upon any future traffic operation plan modifications. Failure to provide traffic studies and/or school speed zone once the need has been determined by PWWM will be considered a violation of resolution and should prohibit the school from obtaining a future Certificate of Use.”
E. Standard Requirements:
1. All off-site improvements must be completed prior to the school’s opening.
2. Public sidewalks are required to extend across all school driveways around the site. This will include pedestrian (ADA) ramps where applicable. All pedestrian crosswalks around the school must have zebra pavement markings.
3. Safe sight distance clearance is required at all driveways; therefore, all tree placements in sight triangles shall meet or exceed FDOT Index 546. No tree foliage or branches shall descend below 7 feet within the public right-of-way. No trees shall remain or be planted in any clear zones.
4. Plans submitted for Permit shall conform to MUTCD, MDPWD and other appropriate standards for engineering design in the public right-of-way. Existing and proposed striping, signs, and lane widths must be shown on these plans for all adjacent roadways. Also, plans must indicate any existing or proposed private driveways across the streets adjacent to the school site.
5. All roadway improvements including, but not limited to, traffic signs, markings and signals shall be installed by the applicant adjacent to, or nearby, this facility to ameliorate any adverse vehicular impacts caused by the traffic attracted to this facility. Also, traffic control devices, e.g., crosswalks, may be required at locations remote from this site along safe routes to school to provide for pedestrian student safety. These requirements may be determined at the time of Dry Run submittal of Paving and Drainage Plans.
Miami-Dade County Public Works and Waste Management reserves the right to add or modify requirements based upon any additional information that may be received during this process.
10. The proposed school total population shall not exceed a maximum of 902 888 students.
11. The proposed school will operate from Monday through Friday, between the hours of 7:00 AM to 5:00 PM 6:00 PM. After hour and special events will be subject to Town of Cutler Bay permit and code requirements.
12. The Applicant shall not use adjacent properties without written permission from the property owner(s). A copy of the authorization letter shall be provided to the Town Department of Community Development.
13. The Applicant understands and acknowledges that it must comply with all other applicable requirements of the Town Code of Ordinances, and this Resolution may be revoked by the Town Council at any time upon a determination that the Applicant is not in compliance with the Town Code or the conditions of this Resolution.
14. All state and local permits shall be obtained by the Applicant prior to the issuance of the Certificate of Use.
15. Issuance of this development permit by the Town of Cutler Bay does not in any way create any right on the part of an Applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the Town of Cutler Bay for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law.
16. All applicable local, state and federal permits must be obtained before commencement of the development.
17. There shall be no queuing of vehicles off the charter school site.
18. There shall be no parking of vehicles off the charter school site.
19. All students shall be maintained on site during schools hours.
20. No double stacking of vehicles shall be permitted during student drop-off and pick-up times.
21. The applicant shall provide one (1) school resource officer.
ATTACHMENTS:
• Attachment “A” - Letter of Intent and Conditional Use Application
• Attachment “B” - Aerial Photograph
• Attachment “C” - Future Land Use Map
• Attachment “D” - Zoning Map
• - Attachment “E” - Advertisement / Courtesy Notice / Property Postings