M E M O R A N D U M
To: Honorable Mayor and Town Council
From: Rafael G. Casals, Town Manager
Date: July 20, 2016
Re: Conditional Use - Village of Old Cutler Corp.
Application No.: CU-2015-012) *previously deferred per June 15, 2016 Regular Town Council Meeting to date certain July 20, 2016 Regular Town Council Meeting
REQUEST
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A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, APPROVING A CONDITIONAL USE APPLICATION TO PERMIT A DRIVE-THRU AT A BUILDING LOCATED AT 36-6009-003-0310 AND 36-6009-003-0290, AS LEGALLY DESCRIBED IN EXHIBIT “A”, CONSISTING OF APPROXIMATELY 3.64 ACRES; AND PROVIDING FOR AN EFFECTIVE DATE. (*previously deferred per June 15, 2016 Regular Town Council Meeting to date certain July 20, 2016 Regular Town Council Meeting)
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APPLICANT
Village of Old Cutler Corp.
LOCATION
Folio Numbers: 36-6009-003-0310 and 36-6009-003-0290
Legal Description: 36-6009-003-0310
Tenalla Ocean Farms Addn PB 12-40 All of lots 4 & 5 lots 6 & 7 less 10 ft and all lots 8 thru 13 blk 14
36-6009-003-0290
Tenalla Ocean Farms Addn PB 12-40 Lots 1-2-3 blk 14
BACKGROUND AND ANALYSIS
The intent of this request is to seek approval of a Conditional Use application by Village of Old Cutler Corp. to permit a drive-thru facility for a proposed CVS store on a 3.64 acre site situated at the northeast corner of Old Cutler Road and S.W. 87th Avenue. The application was presented at the Zoning Workshop on May 11, 2016, and deferred from the June 15th Council agenda. The Letter of Intent and Conditional Use application are provided in Attachment “A”. Concurrent with this application; the Village of Old Cutler Corp. is also seeking approval of two (2) Variances to the Town’s Code in separate applications and has filed a Site Plan Approval application as well. The site plan shows a commercial mixed-use development consisting of a 15,852 square foot CVS building with an attached drive-thru facility and a 40,536 square foot mixed use building incorporating 6,698 square feet of retail stores (Ground Floor) with 18 residential units (Floors 2 and 3). An aerial photograph of the site and surrounding areas is included in Attachment “B”.
The parcel land use designation on the Town’s adopted Future Land Use Map is ‘Mixed Use’ and the property is zoned NC-1, ‘Neighborhood Commercial 1.’ Both permit mixed commercial and residential development. Around the subject site, there is single family development to the north and west, and a mix of residential and commercial uses across Old Cutler Road to the southeast. Attachment “C” contains the Future Land Use Map for this area and Attachment “D” shows the Zoning Map.
The property is bounded by SW 200th Street to the north, Old Cutler Road to the southeast, and SW 87th Ave to the west. SW 200th Street is a Town roadway and currently not an improved thru street between Old Cutler Road and SW 87th Avenue. If this project is approved, it would be improved to a standard 2-lane roadway. Power and telephone service to this area is provided by Florida Power and Light Company and AT&T, respectively. Water, sewer and solid waste (residential) services will be provided by Miami-Dade County. Commercial waste haulers are available to service retail uses. The site has access to major road networks via Old Cutler Road and SW 87th Avenue, a primary section-line road in the Miami-Dade County highway system. Low density residential zoning abuts the site on all 3 sides. Commercial zoning is located southwest (along Old Cutler Road) of the subject parcel.
Old Cutler Road is a State, County and Town designated historic roadway and cannot be widened or adversely impacted. This development is required to treat the Old Cutler frontage with a conservative approach which preserves and celebrates the Road’s unique heritage. Since its inception, the Town has aggressively sought and used State and County funding sources to help make impressive aesthetic, roadway, transit, bikeway, pedestrian and landscaping improvements throughout Old Cutler Road in this vicinity and to the south. Any development along Old Cutler must be consistent with, and magnify the value of, this substantial community investment.
Proposed Development Project
The proposed project is a mixed use commercial development with retail and residential components. The proposed site plan is contained in Attachment E. Both the CVS store and adjacent mixed use building are oriented to front Old Cutler Road. The CVS building is 15,852 square feet in size and the mixed use building is 40,536 square feet. The 3-story mixed use building will contain 18 residential units and approximately 6,698 square feet will be dedicated to ground floor retail. The remaining surface area of the project will be used for sidewalks, paved areas, landscape, parking field, natural storm water retention areas, buffers and open space. The subject 3.64 acre site is triangular in shape and surrounded on all 3 sides by public roads. The irregular lot shape serves to shrink the net developable area available to the owner and presents challenges to site designers planning a multi-building development.
The subject drive-thru facility is behind the CVS store near the northwest corner and faces SW 87th Avenue; it is not visible from Old Cutler Road. The applicant’s site plan (dated 7-6-16 and received by the Town on 7-8-16) shows the required minimum 25-foot wide buffer strip between the drive-thru lanes and SW 87th Avenue (Attachment “F”). The Landscape Plan shows dense landscape buffer plantings in this area, so the facility will be largely screened from view from SW 87th Avenue.
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 pursuant to Code Section 3-211. Documents relating to public notice requirements for this project are contained in Attachment “E”.
1. Compliance with the Town’s Growth Management Plan.
In justifying the development under this criterion, the applicant stated “the proposed commercial use, with integrated drive-thru, is consistent with the Property’s Growth Management Plan designation.” Staff agrees the proposed mix of commercial and residential uses in the project is consistent with the land use and zoning designations. With the provision of the required 25-foot wide buffer strip containing dense landscaping along the SW 87th Avenue boundary, the drive-thru should be essentially blocked from view and not adversely impact the adjacent neighborhoods to the west. The GMP contains a number of relevant policies addressing future vision, mixed use and neighborhood protection as shown below.
Future Land Use (FLU) Goal 1: Protect and improve the Town’s built and natural environment through the use of land in a manner that enhances existing neighborhoods, conserves resources, ensures the availability of public facilities and services, and realizes the community’s vision for its future.
Policy FLU-3C: The area located in the Old Cutler corridor and designated “Mixed Use” on the future land use map shall be redeveloped as a place where living, working, shopping and civic activities can take place within a town center type environment.
Policy FLU-3G: The Town shall implement unified high quality, well-designed horizontal and vertical development on the old Cutler Road corridor.
Objective FLU-5: Land Development Regulations and Compatibility. The Town shall adopt and implement innovative Land Development Regulations in order to foster compatible and high quality development and redevelopment in the Town, in accordance with the principals and concepts of this Comprehensive Plan.
Objective FLU-6: Development and Redevelopment. The Town shall maintain and improve the quality of existing neighborhoods and development, and provide for redevelopment in appropriate locations, as needed.
The proposed conditional use application is consistent with the goal and objectives summarized above and others in the Growth Management Plan. Staff finds that the drive-thru use is in compliance with the applicable Goals, Objectives and Policies of the Town’s Growth Management Plan.
2. Consistent with the “character and purpose” of the zoning district.
The subject property is zoned ‘NC-1 Neighborhood Center District 1’ on the official Zoning Map (see Attachment “D”) and the district allows a wide mix of uses. A drive-thru is permitted in the NC Zoning District, if approved by the Town Council, as a Conditional Use. The proposed mixed use development is consistent with the character and purpose of NC-1 which encourages the development of neighborhood serving uses such as drug stores. Many drug stores are planned with drive-thru facilities for customer convenience. Staff finds the conditional use request is consistent with this criterion.
3. The size, shape and character of the property are suited for the proposed use.
The applicant states “the proposed drug store with drive-thru is of a design and scale that is well suited for the Property.” With its triangular shape, the property does pose challenges in making efficient use of all areas such as the northeast corner of this property. However, the drive-thru is placed well-inside the western property boundary with the required 25-foot wide landscape buffer to the adjacent public road, SW 87th Avenue. Staff finds the conditional use is consistent with this criterion.
4. Is compatible with the existing uses near the property.
In the application, the following justification is provided for this standard: “A well-buffered and internalized drug store drive-thru is a low impact use that is compatible with nearby existing uses.” The mixed use project is compatible with the approved land use and zoning for the property which was developed to ensure compatibility with nearby single-family neighborhoods while also allowing limited mixed use along Old Cutler Road. The drive-thru facility has a minimum 25-foot wide landscape buffer along SW 87th Avenue and then the right-of-way itself is another 80 feet, thus the facility is over 100 feet from the nearest residential property. Staff finds the conditional use is consistent with this criterion.
5. Will not adversely affect the development of the general neighborhood or district.
The proposed mixed use development is consistent with the Town’s plans for this area. It also contains neighborhood-level retail uses such as a drug store and small shops. Drive-thru facilities are typical accessory uses to banking, fast food and drug store uses. The drive-thru is a permitted conditional use and should not adversely affect the general neighborhood or district development. Staff finds the application is consistent with this criterion.
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.
The applicant has prepared a traffic study (Attachment “H”) which has been approved by Miami-Dade County Public Works and the Cutler Bay Public Works Department. The drive-thru itself should not create circulation problems as now planned or excessive parking demands which would have an unfavorable impact on surrounding properties. In fact, drive-thrus typically reduce parking demand. Staff finds the conditional use is consistent with this criterion.
7. Potential for fire and/or other equally or greater dangerous hazards.
The drive-thru should not create any fire and other dangerous hazards. Staff finds the conditional use is consistent with this criterion.
8. Create an unfavorable environmental impact on surrounding uses (e.g. noise, glare, smoke, dust, odor, fumes, water pollution, or general nuisance).
The provision of the required 25-foot wide landscape buffer between the drive-thru and SW 87th Avenue should serve to mitigate any potential unfavorable environmental impacts on the surrounding residential uses. All traffic waiting to use the drive-thru window will utilize a stacking lane inside the property. Staff finds the conditional use is consistent with this criterion.
9. Is consistent with existing and planned pedestrian and vehicular circulation adjacent to and near the property.
The drive-thru, as planned and designed, is consistent with the existing and planned pedestrian and vehicular circulation, adjacent to and near the property. Staff finds the conditional use is consistent with this criterion.
10. Site is adequately served by essential public services and facilities not requiring additional public expense in infrastructure improvements.
This site is adequately served by essential public services and facilities; such as, water, sewer and transportation. Staff finds the conditional use is consistent with this criterion.
11. Will not adversely affect any site or feature of historical, cultural, natural or scenic importance.
The key historic and scenic feature in this area is Old Cutler Road which borders the southeast boundary of the property. The drive-thru would not be visible from Old Cutler Road and thus should not impact that historic and scenic feature. Staff finds the conditional use is consistent with this criterion.
12. Will not be contrary to the public health, safety, and welfare.
The request is in compliance with the Town’s Growth Management Plan as discussed previously. The Conditional Use will be not detrimental to the surrounding area or contrary to the health, safety and welfare of its residents. Staff finds the conditional use is consistent with this criterion.
Additional Drive-Thru Standards
Town Code Section 3-212(E) provides additional standards which must be considered when a conditional use application for a drive-thru is filed. These standards are presented and discussed below.
a. Vehicle storage for drive-thru windows shall be located outside of and physically separated from right-of-way of any street. The area shall not interfere with efficient internal circulation of traffic on the site, adjacent property, or adjacent street right-of-way.
The vehicle storage for the CVS drive-thru window is located 48.5 feet from SW 87th Avenue and has a 25-foot wide landscape buffer in between. It provides stacking for 4 vehicles including the one being served. The area should not interfere with efficient internal circulation, adjacent property or adjacent right-of-way. Staff finds the conditional use is consistent with this criterion.
b. Drive-thru window facilities shall be screened from off-site view and street rights-of- way by a landscape buffer with a minimum width of ten (10) feet, extending along the entire length of the drive-thru queuing or stacking area. A permanent porte-cochere may be constructed over the drive-thru at the service window area. It shall be a minimum of ten (10) feet in width, extend the width of the drive, be integrated structurally into the building, and match the architecture of the building. The porte-cochere may not encroach into the side setback.
The entire drive-thru facility is screened from off-site view by a 25-foot and wider landscape buffer on the site plan. This buffer is consistent with the Town’s buffer standard minimum of 25 feet in Code Section 3-102(F), which requires a 25-foot buffer when a commercial use is adjacent to a single-family use. The applicant is not planning the construct a porte-cochere. Staff finds the conditional use is consistent with this criterion.
RECOMMENDATION
It is recommended the Town Council Approve the attached Resolution.
CONDITION:
The following condition shall apply:
1. In order for this Resolution to be approved, the Resolutions for the Site Plan SP-2015-001 and Variance No. V-2015-021 (Buffer Area) and Variance No. V-2015-017 (Building Frontage) must also be approved.
ATTACHMENTS
Ø Attachment “A” - Letter of Intent and Application
Ø Attachment “B” - Aerial Photo
Ø Attachment “C” - Future Land Use Map
Ø Attachment “D” - Zoning Map
Ø Attachment “E” - Advertisement, Courtesy Notices and Posting
Ø Attachment “F” - Revised Site Plan
Ø Attachment “G” - Registered Lobbyists
Ø Attachment “H” - Traffic Study