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Home My WebLink AboutSubmittal-Paul C. Savage-PowerPoint Presentation-Appeal of Class II Special PermitAppeal of Class II Special Permit Issued to Wa1-Mart Stores, East, LP for Property at or near 3055 N. Miami Avenue Paul C. Savage, Esq. on behalf of Appellants* *With Lobbyist Registrations on File with City Clerk 13 - O/o9o,i — Sv bm��, ,1 C. c- Po wer- roi �f r�S�, - �: iqp. al Class SpecPeer- . Submitted into the public record in connection with item PZ.18 on 11/21/13 Todd B. Hannon What is a Variance? ♦ Variance defined; limitations. ♦ A variance is relaxation of the terms of the ordinance where such action will not be contrary to the public interest by such petition demonstrating compliance with the requirements, limitations and criteria specified below, and where, owing to conditions peculiar to the property and not the result of actions of the applicant, a literal enforcement of this ordinance would result in unnecessary and undue hardship on the property. As used in this ordinance, a variance is authorized only for height, lot coverage, dimensions of yards, parking, other open spaces and/or loading requirements. ♦ A variance is not a special permit. ♦ Sec. 1901 of the Zoning Ordinance. Submitted into the public record in connection with item PZ.18 on 11/21/13 Todd B. Hannon A Can The Director Grant a Variance? No. "Sec. 1902. - Zoning administrator not authorized to vary terms of ordinance; variance authority vested in zoning board." "It is the intent of this zoning ordinance that the zoning administrator has no authority to relax the terms of this ordinance" .... "Authority to grant variances is lodged in the zoning board, subject to procedures and standards set out in this zoning ordinance and applicable Florida law" Submitted into the public record in connection with item PZ.18 on 11/21/13 Todd B. Hannon In Midtown, a Variance Requires a MUSP Permit Section 627.2.3.2 "Any variances (as defined in Article 19) sought from the provisions of the SD 27 regulations shall require such deviation to be considered within the process for a Major Use Special Permit as defined in Article 17 and the increased development thresholds as set forth above shall not apply." ♦MUSP requires an Independent Traffic Study, hearings at PZAB and the City Commission prior to approval. Submitted into the public record in connection with item PZ.18 on 11/21/13 Todd B. Hannon Variance 111: Parking Garage ♦ "Upper level parking facilities that do not incorporate liner uses shall be setback no less than 85' and shall not exceed a height of 50'." §627.2.12(3) Submitted into the public record in connection with item PZ.18 on 11/21/13 Todd B. Hannon Active Use Liners on Garages that Front Primary Streets 627.2.7. Maximum Height, Build -To, Minimum Setback and Use Requirements. TABLE INSET: SD 27.2 Maximum height, Build -To, Minimum Setback and Use Requirements StreetlClassification Height Ground Floor Build- To Mid -level Setback* Upper -level Setback" Uses Midtown Boulevard Primary 60' for commercial single -use 120' for residential or mixed -use 20' Build -To Area between the building frontage and base building line shall be improved as open space. Maximum Allowable encroachment (0' 35' setback above 60' elevation N/A All SD27.2 uses permitted except that Big Box retail shall not be permitted from 31 st Street to 36 th Street. Liner uses on all parking structures North Miami Avenue Primary 60' for commercial single -use 120' for mixed - use 200' for mixed - use and gateway 1 requirement 9' Build -To with colonnade or awning 5' Build -to from centerline of NE 36 th Street south for a distance of 315' N/A 15' setback above 60' All SD27.2 uses permitted Liner uses on all parking structures except as otherwise provided in Section 627.2.12 Submitted into the public record in connection with item PZ.18 on 11/21/13 Todd B. Hannon Example Active Use 2,nd Floor Liner on Midtown West North Block Active use liners on 2nd floor clearly accessible from street circulation in west side of existing North Block containing Target. (right) North Block o . wn features numerous small retailers and big box stores side by side on N. Miami Avenue. Garage is lined with office space, walkway between street & office entrances provides articulation. Submitted into the public record in connection with item PZ.18 on 11/21/13 Todd B. Hannon Target Example of Liner Uses and 85' Set Back Issue No. 4 Rooftop View of Target From Adjoining Residences —Paved Over effect, no dual tone design, no trees, no landscaping, exposed equipment, nothing creative, just a lot. Garage wrnout I ner uses Setoacic lore base bwiang Ire db' due to trontmg Prmary Road martM dtowrt pax Page 35 Submitted into the public record in connection with item PZ.18 on 11 21 13 Todd B. Hannon Target Example of Liner Uses and 85' Set Back Issue No. 4 Rooftop deck of Target in Midtown —Monotone, Exposed Equipment, No Trees, Absolutely nothing Creative .s: ••• f 1; Hama. Y81 Lints Garage .rlinour finer uses Setac%c irom Daso DuI 0ing I,ne 8S' duo to Ranting Prrnary Head Habitable use Liner bu,lmng Submitted into the public record in connection with item PZ.18 on 11/21/13 Todd B. Hannon Wa1-mart's Plan Places Service Areas Where Active Liner Use or 85' Setback is Required 1 I s•r • 1 • 71A SYJ Submitted into the public record in connection with item PZ.18 on 11.11)1.13 Todd B. Hannon T- ' A. • INI MI I• MI MO IIIII 111111 MIN 263 PARKING ST IM MN -RIM Oetwc,.eM. :cuunxcM TN Moll/ TO 111.00 FNMA. CLOOAtTo scutxrar.wIuwc MOOR TO 'IMAM W41 • RETAIL ■ RETAIL SUPPORT 0 VERTICAL CIRCULATION Ei MECHANICAL PARKING COUNT 2nd Level 263 Stalls (16 Accessible Stalls) 3rd Level • 314 Stalls (12 Accessible Stalls) TOTAL - 577 Stalls Atf Wal-mart's architects from Gensler identified ace as being "back of house, storage, broom closets and offices that support the retailer" in minute 46 of Miami's UDRB meeting on Feb. 4, 2013 r.:rr— Wa1-mart's Plan Places Stained Concrete Where Active Use Or Set Back is Required 3rd floor `I1III IIIIII LIGHT BEIGE STAINED CONCRETE Wal-mart attempts to substitute stained concrete as a Liner Use. Lacking active use, the 2nd and 3rd floors require an 85' setback from N. Miami Avenue. Habitable Liner Uses are Required On all parking structures fronting Midtown Boulevard. There's nothing to prevent future occupants from converting "Stained Concrete" areas into shopping cart kennels and service areas. • rr J 1 r • Vp ti h. 3 t Submitted into the public record in connection with item PZ.18 on 11/21/13 Todd B. Hannon 4• Ld Ind - 314 sett O2 AccealicS44442 J � TOTAL 377 S i •1 1„ 1oscAr.lc STsm+ Lack of Set Back or Liner Uses Issue No. 4 85' setback on the 3Td floor ( 2 Red Lines) Baso Butleing Line 85' foe lino H101cates whore Exterior Was May bo set back 1111 RI TAIL ■ Rt MA 51.1R40141 1 VIRIICAI CIRCULATION El AU(I.AN.CAI RAR[MIT. COUNT 1M level 76 t 514115 (16 AL, evnlble SUM/ Lb Level 114 M Ik 111 AL evvlble SI.IAI TOTAL 117 StNI\ 80P tor rur.cTQR/N MI K.40W4W PAIOAYD • IDI.a STARED COIAlt1E • Bt1.W NADA.. Y111E• • 1..• WWI,. 3.44111 85' tee ono nelcates NQloro Extonor Wall May De set battik 8 5In1artM r.l(..a 1 Pt. Submitted into the public record in connection with item PZ.18 on 11/21/13 Variance #2: Off -Street Loading Requirements Three (3) berths total (Wal Mart has five) 627.2.15. Off-street Loading. The off-street loading requirements shall be as follows: 1. For residential uses: a. Berth minimum to be twelve (12) by thirty-five (35) feet by fifteen (15) feet in height; b. One (1) berth for every one hundred twenty (120) residential units or fraction thereof. 2. For non-residential uses: a. Berth minimum to be twelve (12) by fifty-five (55) feet by fifteen (15) feet in height; b. For non-residential floor area of twenty-five thousand (25,000) up to fifty thousand (50,000) square feet, one (1) berth total; c. For non-residential floor area up to one hundred thousand (100,000) square feet, two (2) berths total; d. For non-residential floor area up to two hundred fifty thousand (250,000) square feet, three (3) berths tgtal; Submitted into the public record in connection with item PZ.18 on 11/21/13 i Variance # 3 -Building Facades don't resemble each other ♦ 2.4 Building Continuity All sides of a structure shall be continuous in design. No side shall be unimproved. Therefore, all architectural details, such as roof lines and parapets shall continue around all sides of a structure. ♦ Intent 2.4 Building Continuity: Require that building design and architectural features maintain continuity. ♦ SD 27.2, Page 28 Submitted into the public record in connection with item PZ.18 on 11/21/13 East Facade and Entrances AP -dr AO _Or II 111, • 1 1, #111 ' '.i1 , I a 4..JI 41 1Ic, s, e 1 Ali i J I 11nil 1111p1 NI !Epp lig milli t 11I1 I g um 1 p s! one bia 1, it libkiw a Ili' I. Ill 11 11 11 111:1 M I:i A" 111 11111 11 !_ r I {fa ph itiiti111:1,i111 461 court AM JO v�Th 11 1�J t Iy1 L , 1111 I . ! Liner Shops at Midtown Miami, Florida UDRB Submittal Etevahon: Overall March 14, 2013 No cape& batessoma.erehavor . eeisenonewro.a.barr.* ao.m�.d hxa.. tic opal b `�a.r .em wr.w......r. •10r6.14wAiwa swga w d ne.m0 a here..AttA1e. Submitted into the public record in connection with item PZ.18 on 11/21/13 ZYSCOVICH A A West Facade and Entrances EN4PAGE D {4IVATION . tHLAnCii!D SKY ION 4 firs rr .... 1� ■ ..:we _. .aoEams - •i_wi ■.�.=� a ■■ t4 u n � � {� - -.-- A.. B�'^ ..._= \7'r. ". ...� U__ • I��' Milli NMI ; : II; a id ;I w Dill . _* M _ _. I au - R MNLARGID PfRSPICTIV! II NORM+ MIAMI AVE Submitted into the public record in connection with item PZ.18 on 11/21/13 North Facade F NlAR6FD I LI VAIION II'1 �I ILM ID Pt1FfPICTTVt E D C r 1 �. l� Ii�t1�l� Ill MI liilii is I IT' et u w ii ii ii ii 11111M ii is ii1 11111 • • A moult SOUTH BLOCK SOUTH N.E. 315151 REE 1 E 2 3 4 5 Submitted into the public record in connection with item PZ.18 on 11/21/13 Northeast Neighborhood View One a modern metal and glass facade with colonnades and straight roof line, the other is brick and stucco with a varying roof line. N,':hiiil kriglibuitoid'b.w Northeast Corner Neighborhood View Submitted into the public record in connection with item PZ.18 on 11/21/13 Variance #4: Unarticulated Wall On South Elevation Parking Garage "Blank, unarticulated walls shall not be permitted for parking garage facades that are not lined with uses." §627.2.12(2). Submitted into the public record in connection with item PZ.18 on 11/21/13 Wa1-Mart's South Elevation No windows, liner uses, or architectural articulation for hundreds of feet. Upper level should have Liners on upper level. SOUTH PROPFRTY tllr[ Wal-mart claims scoring is equivalent to "Architectural Articulation" Waimart * SOUTH BLOCK SOUTH ,nHMVAI,�. Glider ��.. i.. -.. Submitted into the public record in connection with item PZ.18 on 11/21/13 Unarticulated Wall Will Loom Over South Approach Submitted into the public record in connection with item PZ.18 on 11/21/13 Variance #5: The Trucks Don't Fit 12' Clearance in plan for 2nd floor loading dock where 15' is required OVERHEAD COMUwG 000i 2' p- •sLRVICt LOADING CLEAR BENEATH STRUCTURE 2 0'Cl EAR BENEATH STRUCTURE HEADACHE OAR (7' 9') PROVIDED • RIGHT TURN LANE TO PREVENT ()EMERY RY TRUCK TURNS Submitted into the public record in connection with item PZ.18 on 11/21/13 Off -Street Loading Requirements Midtown District loading requirements demand a 15' clearance for non-residential use, because the standard truck height is 13' 6" tall. Wal-mart proposes only 12' clearance, but a 15' height inside a screened open air loading area deep inside the property. Truck drivers would risk serious height clearance collision events delivering to Midtown. 627.2.15. Off-street Loading. The off-street loading requirements shall be as follows: 1. For residential uses: a. Berth minimum to be twelve (12) by thirty-five (35) feet by fifteen (15) feet in height; b. One (1) berth for every one hundred twenty (120) residential units or fraction thereof. 2. For non-residential uses: a. Berth minimum to be twelve (12)_by fifty-five (55) feet by fifteen (15) feet in height; b. For non-residential floor area of twenty-five thousand (25,000) up to fifty thousand (50,000) square feet, one (1) berth total; c. For non-residential floor area up to one hundred thousand (100,000) square feet, two (2) berths total; d. For non-residential floor area up to two hundred fifty thousand (250,000) square feet, three (3) berths total; Submitted into the public record in connection with item PZ.18 on 11/21/13 The "liner shops" loading zone was rejected as impractical by the Miami UDRB and not up to code for having 12' entry clearance to accommodate 53' trucks typically having 13.5' height, which require a 15' height clearance per district requirements Miami's UDRB also rejected the Truck Maneuvering plan as flawed citing 3 outcomes: Option 1: 3 point turn with blind reverse maneuver. (Right, gray background) Option 1: Blind Reverse down ramp through oncoming traffic. (Right, white background) Option 3: Load On -street in violation of code 2ND FLOOR LOADING •IRV, DING • TRUCK MANEUVERING Gensler 1 C �►�.'° "'"" Submitted into the public record in connection with item PZ.18 on 11/21/13 Wa1-mart's Engineers Didn't Check Loading Entry Height Wal-mart's traffic engineers original intent was to accommodate a 13' 10" truck height, but the ramp only has a 12' clearance. Taller vehicles will have to load On -Street, in Violation of Midtown's code and intent. We are limiting the loading dock area to a maximum 30' long truck as shown on the attached detail at the end of this letter. The maximum weight of the trucks will be limited in weight to 20,000 pounds per axle or 40,000 total weight, and 13'10" in height. 3 of 6 January 30th Letter from Kimley-Horn to City(re: Comments rIKimley-Horn and Associates, Inc. Submitted into the public record in connection with item PZ.18 on 11/21/13 Wa1-mart directs tall trucks into Short Spaces If Wal-mart's liner shop neighbors share documents from Kimley-Horn saying that 13' 10" truck clearance is present, when 12' is indicated clearly, then liner shops could inadvertently cause "Vehicular interaction with architectural elements". Submitted into the public record in connection with item PZ.18 on 11/21/13 2 DEAD IN BUS CRASH INTO OVERPASS AT MIAMI AIRPORT By SUZETTE LABOY — Dec. 2, 2012 1 1 :33 PM EST Home » Miami b 2 dead in bus crash into overpass at Miami airport t VEHICLES DYER Ba• a. UST iURM LEFT 4- 1of14 Submitted into the public record in connection with item PZ.18 on 11/21/13 Violation #6: NE 31st Realignment SEE SHEET 2 FOR N. MIAMI AVE 6RE LECFND LEGEND 4 Submitted into the public record in connection with item PZ.18 on 11/21/13 Wa1-mart Omits 2nd Half of Applicable Design pp slbn Standards Guideline Required 8' parking area for either parallel park or small truck loading zones missing on both sides of the road. Wal-mart ignores reccomendation for on -street loading zone in favor of illegal street modifications. Design Guideline A row of parallel parking or small to medium truck loading area is recommended. 27.2 DS II Street Types,2 Secondary :,treets. Parallel Parking. A 31•' Street Parking Garage Entrance. B. Secondary streets: "[M]ain service areas in the SD 27.2 District...and handle medium intensity activities such as vehicular service aces. Design requirements For these streets are restrictive because their primary purpose is to :" . u_the building Where the code requires parallel parking It expressly say so (29ei Street and Buena Vista Ave.). 2 Built in Flexibility. Trucks Maneuvering Public Works Director Approved) tiMaa, Aft 7nsc�+ E,,; ems..... _. i` trfit Car Parking Submitted into the public record in connection with item PZ.18 on 11/21/13 SD 27.2: Design Standards II. Street Types, 2: Secondary Streets Page 20 ♦ Parallel Parking Area: A row of parallel parking or small to medium truck loading area is recommended between the travel lane and the pedestrian area. This area shall be a total of 8' wide including the 2' valley gutter. Landscape bulbouts shall be placed every 2 parking spaces or +/- 40'. Submitted into the public record in connection with item PZ.18 on 11/21/13 Code Change Denied by PZAB in July 2012 9-0 ♦ If Walmart had to ask for a public hearing to change the code to strip the table in 627.1 from Midtown's Design Standards, how can they now ignore those standards? ♦ 627.1 Is repeated within the code for the reason of incorporating design standards into Midtown Miami West District in 627.2 and using 627.1.7 table specifically on all streets Submitted into the public record in connection with item PZ.18 on 11/21/13 Submitted into the public record in connection with item PZ.18 on 11/21/13 Proposed Amendments to Midtown voted down 9-0 by Miami's Planning and Zoning Appeals Board and withdrawn from consideration by Miami City Commission by City Manager in July 2012 Midtown Master Plan Architect Bernard Zyscovich spoke for 14 minutes to the PZAB- against the proposed changes. He specifically noted parallel parking must be installed, the failed changes would have allowed the City of Miami Planning Director carte blanche to build a "Taj Mahal" in Midtown. Proposed language from denied request for changes to Design Standards: II. Street Types, 2: Secondary Streets NE 31st & NE 32nd Streets (Note: Dimensional criteria may vary. Refer to Section 627.42 for specific dimensional requirements.) Diagrams & Illustrations (Note: The typical diagram and illustration shown for this roadway may be modified with the approval of the Planning Director in conjunction with the issuance of a Class 11 permit affecting the height, bulk, location or exterior configuration of any existing building or the construction of any new building.) Conclusion Affirm the Appeal and deny Wal- mart's Special Class II Permit in Midtown Miami Submitted into the public record in connection with item PZ.18 on 11/21/13