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HomeMy WebLinkAboutSubmittal-Presentation for AppealCity of Miami Commission Monday, October 25, 2007 Regular Meeting Item PZ-9 Appeal of Determination for Non -substantial Modification, dated May 11, 2007 of Bayviiew Market Major Use Special Permit Presentation for Appeal by Mark Alvarez for W. Tucker Gibbs, Esq. on behalf of Jerin, Inc. SUBMITTED INTO THE PUBLIC RECORD FOR ITEM ➢z io ON . Contents: 1. Copy of Power Point I' esentatior, presented at meeting 2. Mark Alvarez qua'jfications as professional picnner: resume 05_ 0040S - Su br 1t0J - rescrifoti oh -Fo r FPea. Substantial Changes BAWfEW MARKET MUSP Criteria ,substantial Changes Defined City's Standards for Substantial Change Sec. 2215.1 1) The requested change exceeds the zoning regulations; 2) The footprint of the building is proposed to be moved by more than ten (10) feet in any horizontal direction; The height of the building or any portion thereof is proposed to be increased by more than five (5) feet or five (5) percent of the height of the building, whichever is greater, in a vertical direction; or The zoning administrator shall refer the proposed change to the Director of the Planning and Zoning Department in order to apply the applicable criteria as set forth in Section 1305, where at such time the Planning and zoning Director shall determine if the proposed changes result in substantially the same project and are still in compliance with the findings in the original application. 5 Submittals of Change: 1) 6 July 2004 2) 28 Aug 2006 3) 26 Jan 2007 4) 2 April 2007 5) 4 June 2007 Original Drawings MUSP First Modification Second Modification Modification Supplement Modification Supplement Changes of Bayview Marlzet Change 4 Findings of Substantial Change: 1) Building Height 2) Office Liners 3) Ground Floor Areas 4) Compatibility Height The Changes: Height 1. Height: Basics: Reduced Building Height from 140' to 1 20' Why: to meet code and address denial of requested variance When: August 200E submittal (first modification) How: number of retail floors remains at 4 number of parking levels remains at 10 reduced floor height of first retail floor from 35' to 24'4" reduced parking ramp floor -to -floor heights from 15' to 12'2" Criteria: meets Criteria 3 because height is reduced 20' Problem: Criteria 1: The change still exceeds zoning regulations Canopy height exceeds height requirement Height The Changes: Height Canopy Height Exceeds Zoning Ordinance Canopy is 1401-0" high cl-ieets A-301, A-501, A-501 1) 120' is allowable toilftiN°:: '11 • Canopy is: rr • Hard structure • Permanent structure • It is a roof to retail circulation as are mall roofs • It is a roof to sales areas* as are outdoor market roofs *, * • irj 4 11:,01.411ihr: P0410 Canopy is not: • An excluded roof structure per Section 915.1.1, Miami zoning Ord. Pi cd el 1 T: I IL) Height The Changes: Height Canopy Height Exceeds Zoning Ordinance Canopy is 140'-O" high Sheet A-301 excerpt, MUSP Modification Supplement: 2 Apr 07 Not changed in 4 June 07 supplement. CI CMIDPI 41 -r 0 01 0 5P 6P 7P 71 .11rErgEF s oT7ai cam alvi as •. uu■ R •111111 _ am m e ammo 'Willi ai 1111111111111 i.i i N I I MEM III 4 -..- ----.--.-. __...... -.....-w.. .._...... _..... ... ..... .- ..... . ' ikill lgin i P. ^ 11i 1ill1jrq �'CAT i41ii fill um 111 II OIH1111• si p11u11 s•j rr111u0-Iun.n11 loll 11Y1 - J _ l a a . r i. or ►1.. ■ ► 1 r/■ iErf� �-mow -- mmtlarnnr .� .._.. _.. -.._. ,..,., 111€I IlilflllV -•-- MOM I11111 •IIII ll]IItI1111R .. _..-.. -..- .... 1111rl1111111111' (i) SOUTH ELEYATN31+ 3 Liners The Changes: Liner Spaces 2. Use Change of Parking Structure Liners: Basics: Ganged Liner Space from Residential to Office to adjust to anticipated real estate market When: January 2007 submittal — (2n6 modification, + supplements) How: converted 2-story residential lofts to 2 floors of office spaces small changes to parking floor plans Criteria: does not change setbacks, footprint or height. Problem: Criteria 4: Not in compliance with original findings Criteria 1: Exceeds zoning regulations FAR not calculated — by noting as ancillary office to be used by developer and/or tenants Liners • The Changes: Compatibility Original Intent — Criteria 4 Project Description of the original MUSP presents the project as: " Bayview Market will be a 4-story Big Box Retail building to be located at 1700 NE 21d Avenue in Miami, Florida. It is the project's goal to prove that large retail (big box) type, vis'a-vis; home improvement, and general household products merchants can be provided in and urban setting. The project also contains; a residential, small retail, and parking component" (&iy4ew MUSP, Project Description, Section Id, perge ], perrcrgrcrph 2j " The residential liner of double stacked loft units will top small retail areas adjacent to NE 2R.1 Avenue and NE 1 Street." .... "These units shall be the main focal point on approaching northward along NE 2nd Avenue. Modern lines and materials shall articulate them as an attractive new city livinglocation" if rrpw'ie+s MUSP, Ptcte f DescrrptIorr, Se,.tl[ r; Il, pay? 1. perrugrarph 4J Liners The Changes: Compatibility Original Intent — Criteria 4 Project Description of the original MUSP presents the project as a mixed -use project that includes residential use as a prominent minor component. Not an ancillary use, but a mixed use component The modified WISP does not deliver the original intent. it is not a true mixed use in that an ancillary commercial use $� (office) is proposed instead. The Changes: Liner Spaces Exceeds Zoning Regulations - Criteria 1 Liners now NOT Counted as FAR 24 residential loft spaces on two levels replaced with office space on four levels that is shown as ancillary office space (MUSP Modification: 26 Jan.07) Office Space: • 32,256 s.f. (MLlSP Modification: 26 Jon 07) then 27,400 s.f. (MUSP Modification: 2 Apr. 07) • Impacts FAR ■ Impacts parking Ancillary Office? • Office space is listed as ancillary, and therefore not counted towards: • FAR, • parking requirements The Changes: Liner Spaces Office Space is NOT ANCILLARY • The office spaces are physically separate from the retail uses, with separate ingress / egress • If used by developer, its use is unrelated to the retail businesses within the project • If used by the tenants, then office space usually associated and assumed as part of the retail area does not include the offices, and so more net retail area is gained • Tenants with office space allocations could use it for corporate administrative functions not directly related to the retail use • Tenants with office space allocations could sublease to an unrelated occupant Areas The Changes: Areas Intent 3. Retail Spices, Garden Center, Receiving Area: Basics: Changed Retail Spaces - Added West Receiving Area Why: re -program ground floor, and relocate truck loading area When: all submittals — { 15' and 2" modifications, + supplements) How: increased outdoor garden center sales along Miami Place reduced indoor 1 s' floor area reduced other big -box indoor floor areas small changes to small-scale street retail uses added receiving area on west side Criteria: meets Criteria 1: FAR and setbacks don't exceed zoning ord. Problem: Criteria 4: Not in compliance with original findings Criteria 2: Footprint changes Areas The Changes: Areas Intent Areas and locations meet intent of approved M'USP Ground floor areas in Original MUSP (6 July 04) (sheets A-101, A-201) Big Box Retail 135,003 sf Big Box Outdoor none Community Retail 5 stores: 3,903 sf Receiving in Motor Court" • Loading at NE 1 7'rn Terrace !ILA i'-,.i!.-1 L i E. -g =2: isb 1 4,, o Areas Areas & locations not to intent of approved MUSP Ground floor areas in 1vlodified MUSP (28 August 06) (sheets A-101, A-201) III Big Box Retail 118,587 sf Big Box Outdoor 1 ,000 sf est, Community Retail none Receiving 20,319 sf, at NE Miorni P1 'Loading at NE 17°" Tel Areas The Changes: Areas &Footprint Pont Print Changes West Building Line is moved 75' • Receiving area of 20,319 s.f. (pink area) is now along entire west side • Wall is 75' to the inside of the receiving area (blue arrows) • FAR retail floor space on inside of this wall (right of pink area) • Wall at the setback line (red arrows) is now non -supporting screen wall • Wall is penetrated by two openings of 40' each (green areas) 7747I r f 1 _ ■ •--yy��3 k' !f r/ hirM sl The Changes: 1-areas &Footprint Foot Print Changes: West Elevation • Elevation shows that wall is non -supporting screen wall • Either glass and spandrel curtain or screen infill Ateds ■ i Compat l The Changes: compatibility Original Intent for Compatibility — Criteria 4 Project Description of the original MUSP presents the project as: '• The small retail along the adjacent major streets will help animate the streetscape by providing opportunities for the ingress and egress of pedestrian traffic.rr {Pay,re,.0 MUY•P. Prr-,+ecr't L,ectrnri /I, page 1, pomp uph 51 The intended effect is to soften the massing of the building around all sides. These surface treatments shall work off the residential units` (now office) modules and is intended to extend the liner effect all around the buildings." (Bt yvrewv MUSP, F'ro+ecf Desirrplrcm, Section N: page 2, ptiru[uc: ca. N—•m $� 5 vzo 1 Si g .z;01 F 8 z.3 0 Compati The Changes: Compatibility Modified MUSP Reduces Compatibility by reducing the implementation of pedestrian -oriented urban designs. Modified design replaces a single big -box use along 1 71' Street in lieu of 5 small-scale urban retail stores totaling 3,900 s.f. (green shading) Original MUSP, first floor plan Sherd,-2O1 -- Parc Lofts ptation TOME DEPD1 !7f M r,=, . rr , r,1 Small Retai "-7 along streer i a1P1gsa`or . rr iai t' Ian. r ..l& Alt \ I o o •. 1)K. ww.l11 F I V. i Modified MUSP, first floor plan Sheet A-201 Po Lofts 4-s • X III T 1 1 '1 1 1 1 a Street r..4,1 Station Compati Modified MUSP, first floor plan Sheet A-201 Modified MUSP Reduces Compatibility by reducing the implementation of Oedestrian-oriented urban designs. Modified design replaces a wall of a habitable building with continuous landscaping along Miami Place with a large truck loading/unloading operation without opaque screening, and less landscaping Original MUSP, irst floor +Ian Shegf,6-201 Parc Lofts HOME DEPOT twc�+atc.w. Small Ret©i " along street" Cornpati Modified MUSP Reduces Compatibility by reducing the implementation of pedestrian -oriented urban designs. Original design motivated truck delivery traffic to access site by NE 1 7th Terrace via Miami Av. (blue arrows) Modified MUSP allows trucks to use NE 17l' St, crossing Parc Lofts & Filling Station pedestrian environments. Original MUSP, first floor +Ian Shet,A-201 Modified MUSP, first floor pion Sheet A-201 r j a i.. ''i/ V... -- � .�..'..-. 3. - -- r r .. -r � } - .• ...---.,...-,- _.._ .... ... ,.p 4gyl.._ •ram Awe b•I.t_ , Pa rc Lofts i ptation of • 41M-1 ••••••< ..li: li f •.1i .. Lofts I r Statiorn • Modified MUSP reduces compatibility by reducing the implementation of pedestrian -oriented urban designs It positions and expands the minimally buffered receiving area, a transportation and warehousing use, adjacent to the newly developed residences at the Parc Lofts, and the planned residences at The Filling Station. Cormpati Substanti es of Bayview Market Is it a Substantial Change? 1. Parking and parapet height reduced, but canopy height is still non -compliant 2. Changed use of liners removed from calculation of FAR 3. Brought "big box" use to street Brought large loading area to street 4. Intent of compatibility and creation of pedestrian environment reduced Sec. 2215.1 Criteria 1. Exceeds zoning requirements 1. Exceeds zoning requirements Not substantially same project Moved footprint more than 10' Not substantially same project MARK ALVAREZ Submitted Into the public recor4 in connection with item Zj' on 10-Z3-- r? Priscilla A. Thornpeon City Clerk EDUCATION Master of Science, Civil Engineering, Ohio State University, 1990 Master of City and Regional Planning, Ohio State University, 1990 Bachelor of Science, Operations Management, Ohio State University, 1988 COMMUNITY SERVICE City of Miami Upper Eastside Council Boulevard Oversight Committee, 2004 City of Miami Beach Transportation and Parking Committee, Commission Appointee, 1998-1999 City of Miami Beach Traffic Calming Committee, Chairperson, 1999 PROFESSIONAL TRAINING Awarded certification to American Institute of Certified Planners (AICP), 1996 (AICP #086841) Pedestrian Safety Training Program, Florida Department of Transportation, 1993 Collaborative Neighborhood Planning Dispute Resolution Workshop, Florida Growth Management Conflict Resolution Consortium, 1993 EXPERIENCE PRINCIPAL, MERIDIAN CONSULTING 1998 - PRESENT MIAMI, FLORIDA Mr. Alvarez provides services in the areas of community planning, zoning analysis, capital improvement planning, transportation impact analysis and plans, transit planning, and parking analysis. These services are provided to public and private clients, both directly and as a sub - consultant to several local firms. Specific projects are listed below. COMPREHENSIVE PLANNING • City of North Miami Beach Comprehensive Plan land use amendments review; North Miami Beach, Florida, 2006-2007 • Riviera Neighborhood Vision Plan, review for Riviera Neighborhood Association, Coral Gables, Florida, 2006 • Finding of Necessity, land use, existing conditions sections, for proposed Community Redevelopment Area in the four (4) areas: Goulds, West Perrine, Metro Zoo, and North Biscayne; Miami -Dade County, Florida, 2005 • Development and Zoning Analysis for the Downtown Vision Plan, Downtown Development Authority, Miami, Horida, 2004 • Transfer of Development Rights (TDR) Ordinance analysis, Coral Gables, Florida, 2004 • Town of Bay Harbor Islands Comprehensive Plan land use amendments review; Bay Harbor Islands, Florida, 2002 • North Miami Beach Proud Neighborhoods GO Bond Program public information; North Miami Beach, FI., 2001-2 - City of Sunny Isles Beach Comprehensive Plan; Sunny Isles, Florida, 2000 • Miami Beach General Obligation Bond Development Program; Miami Beach, Florida, 1999 • City of Plantation Comprehensive Plan; Plantation, Florida, 1999 • Port of Miami Master Development Plan - Transportation Element; Miami, Florida, 1999 • Foss Waterway Strategic Plan, Tacoma; Washington, 1998 • Downtown Racine Comprehensive Planning Study; Racine, Wisconsin, 1998 • Miami Beach Housing Authority Application for New Approach Anti -Drug Program; Miami Beach, Florida, 1998 TRANSPORTATION, TRANSIT, & PARKING • Guard Gate Analysis / Queuing Analysis, Mauna Lani, Hawaii, 2006 • Trip Generation and Traffic Impacts of Mercy Hospital Redevelopment, Miami, Florida, 2006 • Traffic Impacts of 3-block mixed -use development in the downtown Hometown District, South Miami, Florida, 2005 • Traffic Calming Plan for the North Grove Neighborhood in Coconut Grove, Miami, Florida, 2003 • Review of shared parking application at Mayfair mixed use center for the City of Miami, Miami, Florida, 2002 • North Miami Community Transit Circulator Implementation; North Miami, Horida, 2002 • Sunny Isles Beach Boulevard Redevelopment Plan Transportation Alternatives; City of Sunny Isles Beach, FI., 2001 • Northeast Dade Community Shuttle Monitoring Program; Miami -Dade Transit Agency, Miami -Dade, Florida, 2001 • Deering Bay Yacht and Country Club Parking Study; Coral Gables, Florida, 2000 • Fort Lauderdale Beach Transportation Study, Park and Ride Feasibility Study; Fort Lauderdale, Florida, 2000 • North Miami Community Transit Circulator Plan; North Miami, Florida, 2000 • Newington Downtown Business Center Parking Analysis; Newington, Connecticut, 1999 • Foss Waterway Development Parking Analysis, Tacoma; Washington, 1998 • Downtown Market Plan, Transportation and Parking Components, Tacoma; Washington, 1998 • Miami Design District & Little Haiti Charrette, Transportation and Parking Components, Miami, Florida, 1998 Submitted Into the pubtic' record in connection with '�er t2Ia on jO-z57-e27 Pri t illj A. Thompson. Gib Chafk ZONING & LAND USE IMPACT ANALYSIS •Analysis of the Parking and Height Allowance Zoning Ordinance Amendment in the Urban Central Business District (UCBD), Miami, Florida; 2007 • Bayview Market Mixed Use Development Substantial Change Analysis, Miami, Florida; 2006 • Renaissance Mixed Use Development Zoning and Impact Analysis, Miami (Little Havana), Florida; 2006 • Gables Waterway Mixed Use Development Zoning and Impact Analysis, Coral Gables, Florida; 2006 • Zoning and Redevelopment Analaysis in the Downtown Hometown Plan District (Mr. Byrne), South Miami, Florida; 2006 • Sonesta Key Biscayne Residential/Hotel Development Site Capacity Analysis & PUD Review, Village of Key Biscayne; 2006 • Charter school site plan review, Town if Miami Lakes; 2006 • Impacts of Walmart (rezoning) for Monarch Lakes HOA, City of Miramar; 2005 • Impacts of Americana Hotel site rezoning for Bal Harbour Residents' Coalition, Village of Bal Harbour; 2005 • Drafted Sec. 803.1 amendments City of Miami Zoning Ordinance,"Big Box Ordinance": adopted Oct 2005 • Impacts of Coconut Grove Home Depot (MUSP) for Coconut Grove Civic Assn., City of Miami; 2005 • Land use and pricing analysis of proposed Valencia Residential District TDR Ordinance, City of Coral Gables; 2004 • Impacts of Villa Magna Major Use Special Permit (MUSP) for Brickell HOA, City of Miami; 2004 • Impacts of Kubik Major Use Special Permit (MUSP) for Upper Eastside Committee, City of Miami; 2004 • Impacts of Coral Station at Brickell Major Use Special Permit (MUSP) for Raods HOA, City of Miami; 2002 • Feasibility study and site plan analysis for historic structure/property re -use, City of Miami, FYC investments; 2002 • Impacts of Comprehensive Plan Amendment for increased residential density and the use of density averaging, Town of Bay Harbor Islands, 2002 • Impacts of small-scale amendment to Miami -Dade Comprehensive Development Master Plan for the Ojus Civic Assn., before the Miami -Dade Board of County Commissioners; 2001 • Impacts of site plan approval for Reserve Condominium for Pinecrest HOA, Village of Pinecrest Council; 2001 • Impacts of non-use variances for expansion of the Lourdes Academy, Miami -Dade County - Area 12 ZAB; 2001 • Impacts of Special Exceptions of the Grove Harbor Caribbean Market Place & Marina, City of Miami, 2001 • Impacts of Brickell Bay Village Major Use Special Permit (MUSP) for Atlantis Condominium, City of Miami; 2001 • Impacts of non-use variances for Caribe Nobel School, Miami -Dade County - Area 12 ZAB; 2001 • Unusual use application for high monopole cell communications tower, Miami -Dade County - Area 15 ZAB; 2001 • Impacts of Park Place at Brickell Major Use Special Permit (MUSP) and negotiated settlement, City of Miami; 2001 • Land use interpretation of medical clinic for Coral Gables HOA before City of Coral Gables Commission; 2000 • Home Depot non-use variance impacts for Keystone and Sans Souci HOA before Miami -Dade Board of County Commissioners; 2000 • Miami Children's Museum special exception impacts for the Roads HOA before Miami -Dade Board of County Commissioners; 2000 • Ministerio El Buen Pastor special exception and unusual use traffic and parking impacts before Miami -Dade Zoning Appeals Board; 2000 • Walgreens application for rezoning impact analysis before Miami -Dade Board of County Commissioners; 1999 • Rezoning application for Publix supermarket traffic impacts before the City of Pompano Beach, Florida; 1998 • Rezoning application for Publix supermarket traffic impacts before the City of Miramar, Florida Commission; 1998 • DP Colonial redevelopment application for non-use variance traffic analysis before the Village of Sunny Isles Beach, Florida; 1998 • Bayshore Palms traffic impacts for the Point View Association before the City of Miami Commission; 1998 SUBCONSULTANT 2007 LEHMAN CENTER FOR TRANSPORTATION RESEARCH (LCTR), FLORIDA INTERNATIONAL UNIVERSITY MIAMI, FLORIDA As a sub -consultant to LCTR, Mr. Alvarez is working in areas of applied research in transit planning, transportation and land use relationships, and transportation demand management. He is the principal investigator (PI) for: SOUTH DADE BUSWAY TRANSOT FEEDER STUDY, Miami -Dade Transit 2007 The South Dade Busway Feeder Study is to evaluate and recommend improved and new transit feeders for the purposes of: their potential to reduce single occupant automobile trips; their potential to reduce parking demand at the Busway stations; and attracting new riders to the Busway. The study includes extensive use of existing and new survey data to determine travel patterns and attitudes of both transit users and the general community. The study also integrates the Transportation -Oriented Development plans of the County's Department of Planning and Zoning, as well as other major redevelopment plans in South Dade. Recommendations will include specific modifications to existing service and new services, including specific alignments.