M E M O R A N D U M
To: Honorable Mayor and Town Council
From: Rafael G. Casals, Town Manager
Date: March 19, 2014
Re: El Dorado Plaza (Application Nos. V-2013-041 (A-D) and V-2013-042)
Variance Requests for Number of Signs, Size of Signs, Minimum Percentage of Doors and Windows on the First Floor; and, Prohibition of Faux or Display Casements in Lieu of Exterior Window Treatments in order to develop a 69,525 SF mixed-use project which includes a two-story furniture store and a mixed-use building (commercial) for property located at 19250 South Dixie Highway
REQUESTSTitle
1. A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, APPROVING A VARIANCE APPLICATION FOR EL DORADO PLAZA LOCATED AT 19250 S. DIXIE HIGHWAY, TO PERMIT FOUR (4) WALL SIGNS WHERE TWO (2) ARE PERMITTED; AND PROVIDING FOR AN EFFECTIVE DATE.
2. A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, APPROVING A VARIANCE APPLICATION FOR SIGNAGE FOR EL DORADO PLAZA LOCATED AT 19250 S. DIXIE HIGHWAY, TO PERMIT TWO (2) WALL SIGNS TO BE 75.69 SQUARE FEET WHERE 40 SQUARE FEET IS PERMITTED LOCATED ON THE NORTH AND SOUTH ELEVATION OF THE TOWER; AND PROVIDING FOR AN EFFECTIVE DATE.
3. A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, APPROVING A VARIANCE APPLICATION FOR SIGNAGE FOR EL DORADO PLAZA LOCATED AT 19250 S. DIXIE HIGHWAY, TO PERMIT A WALL SIGN TO BE 123 SQUARE FEET WHERE 40 SQUARE FEET IS PERMITTED LOCATED ON THE EAST ELEVATION OF THE BUILDING; AND PROVIDING FOR AN EFFECTIVE DATE.
4. A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, APPROVING A VARIANCE APPLICATION FOR SIGNAGE FOR EL DORADO PLAZA LOCATED AT 19250 S. DIXIE HIGHWAY, TO PERMIT A WALL SIGN TO BE 218.7 SQUARE FEET WHERE 40 SQUARE FEET IS PERMITTED LOCATED ON THE SOUTH ELEVATION OF THE BUILDING; AND PROVIDING FOR AN EFFECTIVE DATE.
5. A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, APPROVING A VARIANCE APPLICATION FOR EL DORADO PLAZA LOCATED AT 19250 S. DIXIE HIGHWAY, WAIVING ARTICLE VI, ARCHITECTURE AND FORM STANDARDS, SEC. 3-80(F) OF THE TOWN CODE RELATING TO THE MINIMUM PERCENTAGE REQUIRED FOR DOORS AND WINDOWS ON THE FIRST FLOOR AND THE PROHIBITED USE OF FAUX OR DISPLAY CASEMENTS IN LIEU OF EXTERIOR WINDOW TREATMENTS FOR THE FRONTAGE ELEVATION; AND PROVIDING FOR AN EFFECTIVE DATE.
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APPLICATION SUMMARY
Applicant/Representative: Density 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)
Building Size/Square Feet: 69,525 SF (60,000 SF Store and 9,525 SF Retail Building)
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 Variance Requests 1-3 and Denial of Variance Requests 4 and 5 for “El Dorado Plaza” located at 19250 South Dixie Highway, the southwest corner of the intersection of South Dixie Highway and Marlin Road.
The Applicant is requesting a total of five variances (Application Nos. V2013-041(A-D) and V-2013-042) concerning: number of signs (Request 1); sign size (Requests 2, 3 and 4); minimum percentage of doors and windows on the first floor; and, prohibition of faux or display casements in lieu of exterior window treatments (Request 5). In addition to the Variances, the Applicant is requesting Site Plan approval (SP-2013-037). The Variances were reviewed pursuant to Sec. 3-36 Variance B. Approval Standards.
The Variances are separate applications. However, the Site Plan cannot be approved if certain variances are not approved, such as minimum percentage of doors and windows or prohibition of faux or casement displays as they are tied to the building exterior and are integral to the final design of the building elevations.
Staff also bases the recommendations above on the intent of the TRC District, which is to, among other things, reduce visual clutter and improve the aesthetic quality and character of the US 1 corridor. Additional signage, signage larger than permitted by code and lack of transparency in to and from the building does not reduce visual clutter or improve the aesthetics of the corridor. Staff has also reviewed Section 3-114 Permanent Signs (B) Non-residential uses for sign standards and Article VI Architecture and Form Standards Section 3-80 Non-Residential and Mixed Uses. Sub-section 3-80 F. states the following:
The first floor of street level building façades shall be a minimum of 50 percent and a maximum of 70 percent in windows or doorways. Faux or display casements are not permitted in lieu of exterior window treatments for the frontage elevation. No frontage wall shall remain unpierced by a window or functional general access doorway for more than sixteen (16) feet.
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 and address the number of Variance requests. Plans on file and reviewed include:
Architectural
El Dorado Cover Sheet - Received 1/21/14
Land Title Survey (two sheets) - Dated 4/29/13
A-1.1 Site Plan - Received 2/20/14
A-1.2 Site Details - Dated 1/16/14
A-1.3 Site and Signage Details - Received 2/20/14
A-6.1 El Dorado Showroom Elevations - Received 2/20/14
A-6.2 Retail Building Elevations - Received 2/20/14
Site Lighting
E-1.1 Site Photometric Plan - Received 2/20/14
Landscape
TD-1 Tree Disposition Plan - Dated 1/15/14
LA-1 Landscape Plan - Dated 1/15/14
LA-2 Landscape Details - Dated 1/15/14
Renderings
El Dorado Cover Sheet - Front View Looking North - Received 2/20/14
Sign Rendering - View From US1 Looking North and View From US1 Looking West - Received 2/20/14
Sign Rendering - View From US1 Looking South, US1 Monument Sign and Marlin Road Monument Sign - Received 2/20/14
Sign Rendering - Requested Sign (218.7 SF) vs. Current Sign Code Area (40 SF) - View From US1 Looking North - Received 2/20/14
Sign Rendering - Requested Sign (123.0 SF) vs. Current Sign Code Area (40 SF) - View From US1 Looking West - Received 2/20/14
Sign Rendering - Requested Sign (75.9 SF) vs. Current Sign Code Area (40 SF) - View From US1 Looking South - Received 2/20/14
Site and Surrounding Area Data
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Land Use Designation: |
Mixed Use |
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Zoning District: |
TRC (Transit Corridor) |
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Property Boundaries: |
North: Marlin Road South: Pace Center East: South Dixie Highway West: South Dade Busway |
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Size of Property: |
4.12 +/- Gross Acres or 179,586 (per survey) |
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Property(s) Description/Existing Conditions: |
Vacant car dealership to be demolished |
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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) |
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Surrounding Zoning: |
North: TRC South: TRC East: TRC West: BU-2 (Unincorporated Miami-Dade County) |
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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.
Land Development Regulations
The following Sections of the Town of Cutler Bay Land Development Regulations were reviewed and form the basis of Staff’s recommendations:
Section 3-36 B. establishes approval standards for the review and approval of variances;
Section 3-114 Permanent Signs (B) Non-residential uses for sign standards;
Article VI Architecture and Form Standards Section 3-80 Non-Residential and Mixed Uses. Sub-section 3-80 F. which states:
The first floor of street level building façades shall be a minimum of 50 percent and a maximum of 70 percent in windows or doorways. Faux or display casements are not permitted in lieu of exterior window treatments for the frontage elevation. No frontage wall shall remain unpierced by a window or functional general access doorway for more than sixteen (16) feet.
VARIANCE APPROVAL EVALUATION CRITERIA
In evaluating an approval of the Variance applications under the Town’s Land Development Regulations, the following evaluation criteria are to apply.
Section 3-36 of the Land Development Code outlines the following Variance Approval standards. An explanation of how this project will meet each standard has been provided.
1. The variance will result in conditions that maintain and are consistent in all material respects with the intent and purpose of these Regulations, and that the general welfare, stability and appearance of the community will be protected and maintained.
Number of Wall Signs (Request 1): The request is to permit four wall signs where only two are allowed. Two signs are proposed to be located above the store entrances and will notify customers of the tenant “El Dorado Furniture”. Although both signs will be visible (northbound) from the right-of-way, only one sign will be placed on the side of the building that actually fronts the right-of-way, the other is proposed to face the interior parking lot thus maintaining consistency with the intent and purpose of Section 3-114(B). The two additional signs are proposed to be placed on the landmark tower feature placed nearest the intersection of US 1 and Marlin Road at a height of approximately 45 feet. In this case the appearance of the community will be protected and maintained.
Signage Areas Variance (Requests 2-4): Request 2 is to allow the two tower signs to be 75.9 SF and Request 3 is to allow a 123 SF sign fronting US 1 where in both cases 40 SF is permitted. Visually and due to their height the tower signs would lose visibility if limited to code requirements while the proposed US 1 wall sign may be necessary due to speed at which traffic moves along this major commercial thoroughfare. In this case the appearance of the community will be protected and maintained. Request 4 is to allow a 218.7 SF sign on the south façade of the El Dorado Furniture Showroom fronting the interior parking area where 40 SF is permitted. Although staff supports approval of an increase in the number of wall signs permitted, and variances for an increase in sign size for three walls signs, staff finds this request to be excessive and unnecessary. The proposed south facing sign is interior to and faces only the parking area and will only be visible from northbound US 1. With monument signs proposed for both US 1 and Marlin Road, the US 1 facing wall sign and two proposed tower signs staffs find this request unnecessary. In this case the request will not maintain and is not consistent with the intent and purpose of the Town’s Land Development Regulations, nor will the appearance of the community will be protected and maintained.
Building Façade Variance (Request 5): The request is to allow for lesser transparency and fewer openings than required by Code. Street level building façades shall be a minimum of 50 percent and a maximum of 70 percent in windows or doorways. Faux or display casements are not permitted in lieu of exterior window treatments for the frontage elevation. No frontage wall shall remain unpierced by a window or functional general access doorway for more than sixteen (16) feet. The applicant is proposing buildings with almost no transparency on most elevations and has stated that portions of the glass will be mounted directly on concrete walls. This directly contradicts the code requirement for transparency. Additionally, the frontage walls are unpierced for lengths greater than 16 feet. The effects of these would be to create a false sense of architectural integrity while still conveying that the building is a warehouse. In this case the application does not respect the intent and purpose of these Regulations, nor will the appearance of the community be protected and maintained.
2. The variance will be compatible with the surrounding land uses, and otherwise consistent with these Regulations and the Comprehensive Plan, and will not be detrimental to the community.
Number of Wall Signs (Request 1): The request is to permit four wall signs where only two are allowed. The proposal is to allow signage above each store entrance which is consistent with common retail practice and on the adjacent land uses. The two additional signs are proposed to be placed on the landmark tower feature placed nearest the intersection of US 1 and Marlin Road at a height of approximately 45 feet. In this case the request is consistent with the Town’s Land Development Regulations and Comprehensive Plan and will not be detrimental to the community.
Signage Areas Variance (Requests 2-4): Request 2 is to allow the two tower signs to be 75.9 SF and Request 3 is to allow a 123 SF sign fronting US 1 where in both cases 40 SF is permitted. Visually and due to their height the tower signs would lose visibility if limited to code requirements while the proposed US 1 wall sign is proportionate to the building façade scale. In this case the request is consistent with the Town’s Land Development Regulations and Comprehensive Plan and will not be detrimental to the community. Request 4 is to allow a 218.7 SF sign on the south façade of the El Dorado Furniture Showroom fronting the interior parking area where 40 SF is permitted. The request, if approved, would permit a sign 5.5 times the allowable size. Staff finds this request excessive and unnecessary. In this case the request is not consistent with the Town’s Land Development Regulations and Comprehensive Plan and will be detrimental to the community.
Building Façade Variance (Request 5): The request is to allow for lesser transparency and fewer openings than required by Code. In the development of the Town’s Land Development Regulations care and thought was given to pedestrian friendly, open and inviting buildings for all uses. The vision of the Town is to allow greater transparency in its public structures. The effects of this proposal, if approved, would be to create a false sense of architectural integrity, openness and security.
In this case the variance request is not consistent with these Land Development Regulations and the Comprehensive Plan, and will be detrimental to the community and its vision for the Us 1 corridor.
3. That the request for a variance is not based on an economic disadvantage to the owner or occupant of the property upon which the variance is sought.
Number of Wall Signs (Request 1): The request is to permit four wall signs where only two are allowed. In this case the number of signs is based on customer awareness, and not an economic disadvantage.
Signage Areas Variance (Requests 2-4): Request 2 is to allow the two tower signs to be 75.9 SF and Request 3 is to allow a 123 SF sign fronting US 1 where in both cases 40 SF is permitted. Request 4 is to allow a 218.7 SF sign on the south façade of the El Dorado Furniture Showroom fronting the interior parking area where 40 SF is permitted. In this case these requests are based on visibility and not economic disadvantage.
Building Façade Variance (Request 5): The request is to allow for lesser transparency and fewer openings than required by Code. Street level building façades shall be a minimum of 50 percent and a maximum of 70 percent in windows or doorways. Faux or display casements are not permitted in lieu of exterior window treatments for the frontage elevation. No frontage wall shall remain unpierced by a window or functional general access doorway for more than sixteen (16) feet. The applicant is proposing buildings with almost no transparency on most elevations and has stated that portions of the glass will be mounted directly on concrete walls. In this case the variance is not requested based on an economic disadvantage. On the contrary, staff finds that development of to meet the intent of this code section would be economically advantageous.
CONDITIONS
The wall signs shall be constructed consistent with the requirements in Article VIII, Sign Regulations of the Town Code and other requirements set forth by the Building Department or other local agencies.
Attachments:
Ø Attachment “A” - Variance Request
Ø Attachment “B” - Advertisement/Courtesy Notices/ Posting