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: Conditional Use Permit - Southland Mall Properties, LLC
(Application No.: CU-2014-002)
REQUESTTitle
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 25,777 SQUARE FEET OF EXISTING RETAIL SPACE TO EDUCATIONAL FACILITY USE IN THE SOUTHLAND MALL LOCATED AT 20505 SOUTH DIXIE HIGHWAY, AS LEGALLY DESCRIBED IN EXHIBIT "A", CONSISTING OF APPROXIMATELY 90.35 NET ACRES; AND PROVIDING FOR AN EFFECTIVE DATE.
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BACKGROUND AND ANALYSIS
The intent of this application is to seek approval of a conditional use application for Southland Mall Properties to convert 25,777 total square feet of existing retail floor area at 2 separate locations in the Mall to "Educational Use". These areas would be leased to Florida Technical College (FTC), a private educational facility. The northeast space is next to Regal Cinema, planned to be 16,669 square feet in size. The southeast space is between JC Penny's and Macy's, planned to be 9,108 square feet. 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 need 2 additional Town approvals in order to implement the Educational Use proposal. One is Council approval of a modification to the Declaration of Restrictive Covenants in Lieu of Unity of Title currently applicable to the entire Mall property. The second is administrative site plan approval to reflect the Educational Use.
Mall History. The Southland Mall, constructed in the 1950s, is a regional shopping destination consisting of 923,076 square feet of interior floor area with retail, service, restaurant and entertainment uses on 90 acres. Various changes have occurred to the Mall development order with approval of Miami-Dade County and more recently, by the Town of Cutler Bay. The regional facility currently contains no other educational use areas.
Traffic Impact. Projects within Cutler Bay are required to comply with the Town's adopted roadway level-of-service (LOS) standard which is "D" or "E" depending on the type of roadway being analyzed. Currently the Mall generates 630 AM peak hour vehicle trips and 2,222 PM peak hour vehicle trips. The proposed Educational Use will add 67 new AM peak trips (11% increase)
and 27 new PM peak hour trips (1% increase). All of the roads around the Mall will continue to operate within acceptable level-of-service standards with the planned use.
Parking Field Issue. It is relevant to note the Town has historically suggested to Southland Mall ownership, to further enhance the landscaping features on their existing parking lots and other safety issues. Lack of adequate signage and lighting, proper traffic control and pedestrian safe areas within the expansive parking lot are significant public safety concerns in this portion of the Town Center District. The Mall parking areas currently contain a total of 5,708 parking spaces, 2,244 spaces more than required by Code.
The evaluation criteria for approving the subject conditional use application are provided in Sec. 3-211 of the Town Code. An evaluation of these criteria as it relates to the subject application is provided below.
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 private college is typically considered an Institutional Use. There are a number of Growth Management Plan objectives and policies that support development within the Town Center area and a major regional commercial center like the Southland Mall. However, there are 5 policies, listed below, in the Future Land Use Element which this application needs to address within regard to the safety and aesthetics of the Mall parking lot and multi-modal transportation access.
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.
Policy FLU-2B: The Town shall implement improved multi-modal transportation access to, from and within the Town Center.
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.
Policy FLU-5F: The Town shall require aesthetically pleasing and environmentally sensitive landscaping as an important component of development and redevelopment proposals.
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 5700-space Mall parking field is a "sea of asphalt" in a number of areas with inadequate landscaping and pedestrian access ways. Major sections have no discernible pavement markings or safe pedestrian paths, making for unregulated and potentially unsafe traffic circulation. In general, the parking lot has a significant adverse visual impact on the Town Center District.
With regard to transportation access, the Town's Municipal Circulator and Miami Dade County Transit is not allowed to drop-off and pick-up passengers at Mall entrances. Thus, passengers exiting the Town's Municipal Circulator on US 1 or Caribbean Boulevard must walk across the parking field or along entrance drives with no sidewalks. There is a small bicycle rack at the north Mall entrance and a somewhat larger rack at the east entrance; most students will enter and exit at those entrances. Presumably a number of FTC students will walk, bicycle and/or utilize transit to attend school classes. Staff recommends these issues be addressed as part of this approval in order to ensure full compliance with the 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 proposed conditional use represents the conversion of 2.8% of the current interior Mall space to education use. While this is a change from its historical retail, restaurant and entertainment theme, it is modest in scope and following a trend that is not uncommon in South Florida now, that is placing educational uses within commercial centers.
The Town Center District also specifies that the mix of uses should be "in a compact, pedestrian-oriented environment." As stated in subsection 1 above, the Mall parking field is not oriented to foot traffic and is considered by many to be unsafe for pedestrians. It is recommended pedestrian improvements be required as part of this approval.
3. The size, shape and character of the property are suited for the proposed use. Yes. The conditional use application, if approved, will increase the mix of uses in the Mall within the existing building footprint. The increased parking need of the educational use can be easily accommodated within the current parking area.
4. Is compatible with the existing uses near the property. Yes. The Mall is bounded on 2 sides by major highways: US 1 and Florida Turnpike. Abutting and adjacent properties to the north, 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.
5. Will not adversely affect the development of the general neighborhood or district. Yes. The educational use is internal to the Mall and thus will have no outside structural impacts. While there will be an estimated 11% increase in AM vehicle trips, all intersections and road links around the Mall will continue to operate at acceptable service levels. Thus, there should be no adverse impacts on surrounding and other nearby areas in the Town Center District.
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. As noted previously, the proposed use is projected to generate 11% more vehicle trips in the morning peak hour, however roadways and intersections around the Mall will continue to operate at acceptable levels-of-service. There should be no unfavorable impacts on surrounding properties.
7. Potential for fire and/or other equally or greater dangerous hazards. No.
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 is internal to the Mall building and thus 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 5 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. While this application will not exacerbate the current negative parking field situation, it does little to improve it. The applicant has submitted a revised landscape plan for a small portion of the parking field which simply adds trees/bushes to the few existing landscape areas. Staff feels more needs to be done to ensure compliance with the noted Plan policies.
10. Site is adequately served by essential public services and facilities not requiring additional public expense in infrastructure improvements. Yes. The proposed private 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 2-212(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 conditions. The applicant prepared and submitted a traffic study at staff request. It shows a small increase in Mall traffic with the educational use and that all intersections and road links around the Mall will continue to operate within the Town's adopted roadway level-of-service standards. The applicant has allocated specific existing parking areas to be recommended for use by the students and Mall parking fields have substantial excess capacity which can easily accommodate the parking needs of the school. However, as pointed out earlier, there are significant current problems with traffic circulation and pedestrian safety in and around the parking lot. These issues should be addressed through landscape, circulation and pedestrian improvements as specified in the Recommendation section.
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. Not applicable. There are no proposed changes to traffic lanes, traffic calming or signage.
3. All outdoor play areas shall be buffered from any residential uses for the purpose of mitigating noise. Not applicable. Applicant is proposing no outside play areas.
4. No off-site parking or queuing is permitted at any time of the day. Yes. No off-site parking or queuing is proposed.
5. An accumulation assessment is required to meet all Miami-Dade County standards. Yes. Applicant is required to meet all applicable County standards.
RECOMMENDATION
It is recommended the Town Council approve the attached Resolution subject to the following conditions.
(1) Proposed conditional use must be an accredited private educational facility and can occupy no more than a total of 25,777 square feet of leasable interior Mall space.
(2) Hours of operation are limited to: 9:00 AM to 10:00 PM for students and 8:00 AM to 10:30 PM for faculty and staff.
(3) Maximum number of students shall not exceed 540
(4) Southland Mall ownership will not seek or accept property tax exempt status at any time for the private educational use area.
(5) Applicant must obtain Town Council approval of a revision to the Declaration of Restrictive Covenants in Lieu of Unity of Title for the subject property to include this conditional use prior to operation of the educational facility.
(6) Applicant must secure administrative site plan approval for the Mall site prior to operation of the educational facility. Revised site plan must show substantial landscape, pavement marking, traffic circulation and pedestrian safety improvements to the parking field areas serving the north and east Mall entrances.
(7) Applicant will install additional bicycle rack capacity at the north Mall entrance.
(8) Prior to school operation, applicant will work with Town staff to allow the Town's Municipal Circulator and Miami Dade Transit buses to access Mall entrances on a daily basis.
(9) The Applicant understands and acknowledges that it must comply with all other applicable requirements of the Town, 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.
(10) 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.
(11) All applicable local, state and federal permits must be obtained before commencement of the development.
Attachments
Ø Attachment A: Letter of Intent and Conditional Use Application
Ø Attachment B: Aerial Photograph
Ø Attachment C: Future Land Use Map
Ø Attachment D: Zoning Maps
Ø Attachment E: Advertising / Courtesy Notices / Posting