M E M O R A N D U M
To: Honorable Mayor and Town Council
From: Rafael G. Casals, Town Manager
Date: April 16, 2014
Re: Supplemental Staff Report- El Dorado Plaza (Application No. SP-2013-037)
SUMMARY
On March 19, 2014, the Town Council voted to defer the El Dorado Plaza project proposed by Destiny Buildings, LLC. Subsequent to the Town Council meeting, the applicant has worked with staff to reduce the variances requested. After working with staff, the applicant was able to revise the building elevations to eliminate Variance Request #5 (Application No. V-2013-042), Sec. 3-80(F) relating to the minimum percentage of doors and windows on the first floor and prohibition of faux or display casements in lieu of exterior window treatments.
The Site plan was modified to meet the Town’s minimum requirements for Sec. 3-80(F). Therefore, the Staff analysis and recommendation provided in my report dated March 19, 2014 for Site Plan approval has been updated to recommend Approval.
REQUESTTITLE
A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, APPROVING THE REQUEST OF DESTINY BUILDINGS, LLC (EL DORADO PLAZA) TO PERMIT A 69,525 SQUARE FOOT MIXED-USE PROJECT ON PROPERTY LOCATED AT 19250 SOUTH DIXIE HIGHWAY, AS LEGALLY DESCRIBED IN EXHIBIT “A”, CONSISTING OF APPROXIMATELY 4.12 ACRES; AND PROVIDING FOR AN EFFECTIVE DATE.
BODY
APPLICATION SUMMARY
Applicant/Representative: Destiny Buildings, LLC/Bill Pfeffer, Creech Engineering
Location: 19250 South Dixie Highway
Total Acreage/Square Feet: 4.12 +/- Gross Acres or 179,586 SF (per survey)
Current Future Land Use
Plan Map Designation: Mixed-Use
Existing Zoning/ Site
Condition: TRC (Transit Corridor)/Vacant Car Dealership to be demolished
Folio Number: 36-6005-079-0010
Legal Description: Tract A-8 of Point West Eighth Addition, according to the Plat thereof, recorded in Plat Book 144, page 93, of the Public Records of Miami-Dade County, Florida
RECOMMENDATION
Staff recommends Approval of the proposed Site Plan for “El Dorado Plaza” located at 19250 South Dixie Highway, the southwest corner of the intersection of South Dixie Highway and Marlin Road.
This Application meets the intent of Criteria 2-5 under sub-section B. set forth in Sec. 3-33 Site Plan Application in order for the Town Council to render a decision, it is consistent with the Goals, Objectives and Policies found within the Town’s Growth Management Plan (Criteria 1) and also the Town’s Land Development Regulations. In addition to Site Plan approval, the Applicant is requesting a total of four variances (Application Nos. V2013-041(A-D)) concerning: number and sign size.
STAFF ANALYSIS
The Applicant (Destiny Buildings, LLC) proposes to construct a proposed mixed-use development. This proposed development will be comprised of a two-story, 60,000 SF furniture store and a 9,525 SF restaurant/retail/office building with six storefronts. It is envisioned by the applicant that several of these storefronts will be combined in order to serve larger tenants. In order to allow buildings greater than 50,000 SF in size the Applicant is proffering to adhere to Article IV Green Standards.
Staff met numerous times with the Applicant in order to refine the proposed development. Plans on file and reviewed include:
Architectural
El Dorado Cover Sheet
Land Title Survey (two sheets)
A-1.1 Site Plan
A-1.2 Site Details
A-1.3 Site and Signage Details
A-6.1 El Dorado Showroom Elevations
A-6.2 Retail Building Elevations
Site Lighting
E-1.1 Site Photometric Plan
Landscape
TD-1 Tree Disposition Plan
LA-1 Landscape Plan
LA-2 Landscape Details
Renderings
El Dorado Cover Sheet - Front View Looking North
Sign Rendering - View From US1 Looking North and View From US1 Looking West
Sign Rendering - View From US1 Looking South, US1 Monument Sign and Marlin Road Monument Sign
Sign Rendering - Requested Sign (218.7 SF) vs. Current Sign Code Area (40 SF) - View From US1 Looking North
Sign Rendering - Requested Sign (123.0 SF) vs. Current Sign Code Area (40 SF) - View From US1 Looking West
Sign Rendering - Requested Sign (75.9 SF) vs. Current Sign Code Area (40 SF) - View From US1 Looking South
Site and Surrounding Area Data
|
Land Use Designation: |
Mixed Use |
|
Zoning District: |
TRC (Transit Corridor) |
|
Property Boundaries: |
North: Marlin Road South: Pace Center East: South Dixie Highway West: South Dade Busway |
|
Size of Property: |
4.12 +/- Gross Acres or 179,586 (per survey) |
|
Property(s) Description/Existing Conditions: |
Vacant car dealership to be demolished |
|
Surrounding Growth Management Plan Future Land Use Designation(s): |
North: Mixed Use South: Mixed Use East: Mixed Use West: Business and Office (Unincorporated Miami-Dade County) |
|
Surrounding Zoning: |
North: TRC South: TRC East: TRC West: BU-2 (Unincorporated Miami-Dade County) |
|
Surrounding Existing Land Use(s): |
North: Retail South: Retail and Office East: Retail West: South Dade Busway and Commercial/Retail |
TRC, Transit Corridor District - Site Development Standards and Proposal
The Transit Corridor District provides for the location of transit-oriented uses and uses having a market area extending beyond the scale of the corridor and surrounding neighborhoods. The intent of the district is to facilitate convenient access, minimize traffic congestion, and reduce visual clutter to create a development pattern which improves the aesthetic quality and character of the US 1 corridor within the Town. Buildings are required to relate to the street with a pedestrian scale, rather than to parking lots. Site design criterion is required to facilitate ease of pedestrian access along the corridor and bus way.
|
Standard |
TRC |
El Dorado Plaza |
|
Minimum Lot Area (square feet) |
N/A |
4.12 acres |
|
Minimum Floor Area Ratio |
2.0 |
.19 |
|
Maximum Density (units per acre) |
75 |
N/A |
|
Minimum Façade Height (feet) Number of stories (minimum) |
25 2 |
38 and 25 2 |
|
Maximum Height (feet) Number of stories Setback of façade for height above 5th story |
60 5 20 |
58 2 N/A |
|
Adjoining Residential Zoning (feet) Number of stories |
35 3 |
N/A N/A |
|
Building Frontage (percent) Along Primary Street Along Secondary Street |
100 75 |
65 70 |
|
Setbacks (feet) Front Side Rear Rear (abutting an alley) |
0 0 0 0 |
35’0” (Retail) 35’8” (Store) 8’11” (Retail) 26’2” (Store) 250’0” (Retail) 70’2” (Store) N/A |
|
Maximum Impervious Surface Coverage (percent) |
100 |
61.9 |
|
Maximum Lot Width (feet) |
N/A |
477.34 |
|
Minimum Lot Depth (feet) |
N/A |
365.00 |
|
Open Space (percent) In the form of courtyards, gardens, colonnade, balconies, plazas and squares |
15 |
26.9 |
|
Encroachment into ROW (feet) Balcony Awning |
5 8 |
N/A N/A |
|
Detached Accessory Building |
Not permitted |
N/A |
|
ParkingRequired Provided |
|
|
|
Furniture Showroom |
60 |
|
|
Retail Bldg. w/o Restaurant |
32 |
|
|
Retail Bldg. w/ Restaurant |
74 |
|
|
|
|
|
|
Total: |
92 (w/o restaurant) 134 (w/ restaurant) |
141 141 |
|
|
|
|
|
Loading Area |
|
|
|
Berths |
3 |
3 |
|
|
|
|
|
Police Parking |
|
1 |
|
|
|
|
|
Hybrid Vehicles |
|
5 |
|
|
|
|
|
Bicycle Parking |
|
12 |
Concurrency Analysis
A Concurrency Analysis was performed for this development based on the Town’s adopted Levels of Service for the following: Transportation; Potable Water; Sanitary Sewer; Drainage Flood Protection and Stormwater Management; Recreation and Open Space; Public Schools and Solid Waste. All are operating at acceptable levels to support this development.
Roadway Analysis
A copy of the traffic study entitled “El Dorado Furniture” by McMahon and Associates, Inc. (Dated February 4, 2014) was provided to the Town. Traffic from the El Dorado Plaza will have a minimum impact on the surrounding roadway network once the project has been constructed and occupied. The overall Traffic Study was satisfactory but the Applicant must coordinate with the Miami-Dade County Traffic Engineering Department to provide mitigation in the form of signal timing optimization at the intersection as documented in the Traffic Study.
Land Development Regulations
Section 3-33 establishes the development standards for the review and approval of site plans in the Town of Cutler Bay. According to this section of the LDRs, no certificate(s) of occupancy shall be issued for any building or buildings unless all facilities included in the approved site plan have been provided. Section 3-33(B) of the Code provides the approval standards for which the proposed site plan application is evaluated by the Town Council.
SITE PLAN APPROVAL EVALUATION CRITERIA
In evaluating an approval of a site plan application under the Town’s Land Development Regulations, the following evaluation criteria are to apply.
1. The development permitted by the application, if granted, conforms to the Growth Management Plan; is consistent with applicable area or neighborhood studies or plans, and would serve a public benefit warranting the granting of the application at the time it is considered.
The proposed application and corresponding site plan, if granted, will conform to the Growth Management Plan and applicable area neighborhood studies or plans.
The following Objectives and Policies which in their entirety promote the Town’s vision for high quality, well-designed, pedestrian friendly mixed use development which should be better incorporated into the proposal and include:
Objective FLU-3: The areas designated “Mixed-Use” on the Future Land Use Map shall de developed or redeveloped through the Land Development Regulations as design unified horizontal and vertical mixed use areas in accordance with adopted plans and studies that reflect the community’s vision.
Policy FLU-3A: Areas designated mixed use shall contain commercial, office, residential, community, institutional, and recreational and open space uses integrated vertically or horizontally, in accordance with Policy FLU-1C.
Policy FLU-5C: The Town shall promote high quality urban design for development and redevelopment by encouraging developers to incorporate the concepts outlined in Miami-Dade County’s Urban Design Manual, or other design guidelines that may be developed for the Town, into their developments.
Policy FLU-13C: The Town shall support the location of employment centers, offices, and retail uses proximate to residential areas through the implementation of the Town Center, Mixed-Use land use districts, in accordance with this Plan.
The proposed application does further the above Objective and Policies.
2. The development permitted by the application, if granted, will have a favorable impact on the environmental and natural resources of the Town of Cutler Bay, including consideration of the means and estimated cost necessary to minimize the adverse impacts; the extent to which alternatives to alleviate adverse impacts may have a substantial impact on the natural and human environment, and whether any irreversible or irretrievable commitment of natural resources will occur as a result of the proposed development.
The proposed development site plan application, if granted, will have a positive impact on the environmental and natural resources of the Town. As mentioned, the proposed site plan calls for the redevelopment of a brownfield site, additional landscape throughout the project area, especially in the parking field, development of storm water retention areas, and a substantial number of native trees will be planted to create a canopy that protect pedestrians from the elements. In addition, the use and application of the Town’s green standards will alleviate the otherwise adverse impacts of the development.
3. The development permitted by the application, if granted, will have a favorable or unfavorable impact on the economy of the Town.
The proposed development site plan, if granted, is expected to have a favorable impact on the economy of the Town of Cutler Bay through creation of new jobs (retail and restaurant) and new property tax revenues.
4. The development permitted by the application, if granted, will efficiently use or not unduly burden water, sewer, solid waste disposal, recreation, education or other necessary public facilities which have been constructed or planned and budgeted for construction.
The proposed development will make efficient use of the existing infrastructure. The property will be served with municipal water and sewer and private solid waste services. The application will not have an impact on the recreation or education infrastructure of the Town.
5. The development permitted by the application, if granted, will efficiently use or not unduly burden or affect public transportation facilities, including mass transit, roads, streets and highways which have been constructed or planned and budgeted for construction, and if the development is or will be accessible by public or private roads, streets or highways.
The proposed development site plan, if granted, will allow employees and customers to utilize the South Dade Busway which is located adjacent to this site. A bus stop is also located in front of the development along South Dixie Highway. Certain improvements have been identified in order to mitigate the project’s traffic impacts, such as signal timing optimization. The Town will work with the Applicant through the approval process to ensure that such impacts are mitigated prior to final approval.
CONDITIONS
1.1 All impact fees shall be paid by the Applicant prior to issuance of building permit.
1.2 The Applicant shall provide a letter acknowledging compliance with the applicable Level of Services requirements prior to the issuance of final permit to the property.
1.3 Applicant shall submit verification from Miami-Dade County that the proposed new development has been reviewed and approved for all access management consideration prior to the issuance of the final building permit.
1.4 Flood elevations shall be reviewed and approved for consistency with FEMA requirements and the Town’s National Insurance Flood Program Ordinance prior to building permit approval.
1.5 The proposed project shall be built in substantial conformance with the plans entitled “El Dorado Plaza”, prepared by Stiles Architectural Group, consisting of 22 sheets dated received February 20, 2014, as amended and revised elevation.
1.6 The Applicant shall comply with applicable conditions and requirements recommended by Miami-Dade County Public Works Department, Fire Rescue Department, and the Department of Regulatory and Economics Resources (DRER).
1.7 Prior to the issuance of a Certificate of Occupancy for the furniture store building, the Applicant shall have secured a building permit for, and commenced construction of the retail building. For the purposes of this condition, construction shall be deemed to have commenced once the building’s footers have been poured in the ground.
1.8 Prior to the issuance of the first principal building permit the applicant shall post a performance bond of five (5) percent of the total cost of the building in order to secure performance and fulfillment of the applicant’s obligation to obtain the applicable green certification noted on the site plan. In lieu of the bond required by this Section, the Town may accept an irrevocable letter of credit from a financial institution authorized to do business in Florida or provide evidence of cash deposited in an escrow account in a financial institution in the State of Florida in the name of the applicant and the Town of Cutler Bay. The letter of credit or escrow shall be in the same amount of the bond if it were posted. If the project fails to meet the criteria required for certification within one (1) year after receiving the Town’s certificate of occupancy, the applicant shall either request an extension or forfeit one hundred percent (100%) of the bond. The applicant, for good cause shown, may request an extension of time of up to one (1) additional year to achieve certification. Such extension may be granted at the sole discretion of the Town Council after having considered the factors and improvements necessary to achieve the requisite certification. If certification is not achieved within two (2) years after receiving the Town’s certificate of occupancy, the applicant shall forfeit one hundred percent of the bond. Funds that become available to the Town from the forfeiture of the performance bonds shall be deposited in a Green Building Fund established by the Town.
1.9 The Applicant shall submit a construction staging plan for review and approval prior to commencement of construction.
1.10 A Construction and Maintenance of Traffic (MOT) Plan shall be provided by the Applicant to the Building and Public Works Departments for approval prior to start of construction. Access points by construction vehicles shall be provided within the MOT.
1.11 The Applicant shall provide a Construction Air Quality Management Plan to the Department prior to the start of construction.
1.12 A Construction, Demolition and Materials Management Plan (CDMMP) must be submitted by the Applicant at time of building permit.
1.13 The Applicant shall provide an Erosion Control Plan prior to the issuance of a building permit. The Applicant shall submit a plan for erosion and sedimentation control to be implemented before the site is cleared or graded including areas where top soil will be removed and contours of slopes will be cleared. The Plan shall also include location and type of erosion control measures, storm water and sediment management systems, and a vegetative plan for temporary and permanent stabilization. The Plan shall remain on-site for the duration of the construction activity.
1.14 The Applicant shall meet all of the minimum requirements of the Town Code, Chapters 18 and 24 of the Miami-Dade County Code and specifically comply with all conditions imposed by Miami-Dade County Department of Regulatory and Economic Resources (DRER).
1.15 The property shall be landscaped in accordance with the landscape plan, prepared by Stiles Architectural Group, dated November 13, 2013 and included with the site plan submittal.
1.16 The Applicant shall preserve existing trees (including native trees) during the development of the project, wherever possible. If the trees must be removed, the Applicant shall be required to mitigate the impact in accordance with DRER requirements. If the relocated trees do not survive, the Applicant shall be required to replace the trees in compliance with DRER requirements.
1.17 The Applicant shall meet the requirements of the Miami-Dade County Water-Use Efficiency Standards Manual, effective January 2009, as may be amended from time to time.
1.18 All storm water shall be retained inside the property. All storm water drainage systems shall be maintained in working at all times in order to avoid localize flooding during and after a storm. Parking shall be prohibited on top of any drainage inlet or drainage manhole.
1.19 Noncompliance with the approved site plan and the terms of this approval shall be considered a violation of the Town Code. Penalties for such violation(s) shall be prescribed by the Town Code, which include, but are not limited to, the revocation of the approval granted by this Resolution.
1.20 Applicant must coordinate with the Miami-Dade County Traffic Engineering Department to provide mitigation in the form of signal timing optimization at the intersection as documented in the Traffic Study.
1.21 No certificate(s) of occupancy shall be issued for any building or buildings unless all facilities included in the approved site plan have been provided.
1.22 The number and type of trees for the parking lot shall be reviewed and approved by the Department prior to the issuance of a building permit.
1.23 The Applicant shall install and maintain parking area light fixtures which project the light rays directly to the parking surface, and shall include shields which restrict projection of light rays outward to adjacent properties and also restrict the upward projection of light rays into the night sky.
1.24 The parking lot lights and all other outdoor lighting (whether for security, roadway or parking) not attached to structures shall be designed, located and mounted at heights no greater than twenty-five (25) feet above grade.
1.25 Due to their high energy efficiency, long life and spectral characteristics, Pulse-Start Metal Hallide or LED lamp sources shall be the illumination sources for outdoor lighting.
1.26 Provide a Uniform Sign Plan prior to submitting for building permit approval.
1.27 The building signs should be consistent with the Town’s Sign Regulation in Article VIII of the Town Code, unless variances are granted.
1.28 The Applicant shall use interior paints and wood finishes with low volatile organic compound levels that do not exceed 50 grams per liter flat, or 150 grams per liter non-flat. This shall be noted on the approved plans.
1.29 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.
1.30 All applicable local, state and federal permits must be obtained before commencement of the development.
ATTACHMENTS:
Attachment “A” - Revised Elevations