AGENDA PLANNING AND ZONING BOARD CITY OF DEERFIELD BEACH, FLORIDA December 1, 2011

Transcription

1 AGENDA PLANNING AND ZONING BOARD CITY OF DEERFIELD BEACH, FLORIDA December 1, 2011 The following is the agenda of a regular meeting of the Planning and Zoning Board of the City of Deerfield Beach, a municipal corporation of Florida, to be held on Thursday, December 1, 2011, at 7:00 p.m. in the City Commission Chambers, City Hall, 150 N.E. 2 nd Avenue, Deerfield Beach, Florida A. CALL TO ORDER AND ROLL CALL B. APPROVAL OF MINUTES None C. OLD BUSINESS D. NEW BUSINESS 1.) PULBIC HEARING APPLICATION 11-R-167 Applicant: HOWARD HAIMOWITZ, by Dennis Mele Proposal: To rezone a 0.32-acre parcel from RM-25 (Residence, Multi-Family) to RM-10 (Residence, Multi-Family). Location: The north ½ of Lot 22, all of Lot 23 and the south ½ of Lot 24, Block 6 of OCEAN VUE, more particularly described in the file, located at 536 N.E. 20 th Avenue. 2.) PUBLIC HEARING APPLICATION 97-B1-135 REVISION 8 Applicant: MCDONALD S CORPORATION, by Rosangela DeMello Proposal: Site plan modification to demolish an 810 square-foot play land area and construct a 414 square-foot addition to the existing McDonald s restaurant with an outdoor seating area and to modify the existing drive-thru lane to create a side by side drive thru configuration. Location: A portion of Parcel A, LIVING LEGENDS CENTER, more particularly described in the file, located at 3901 W. Hillsboro Boulevard. 3.) PUBLIC HEARING APPLICATION 01-B1-160 REVISION 3 Applicant: AW HOLDINGS DEERFIELD INC., by Andrew Waldman Proposal: Site plan modification to construct a 15,873 square-foot office building as an addition to an existing 21,792 square-foot office complex. Location: A acre parcel described as a portion of Parcel 1, MEADOWLANDS COMMERCIAL PLAT, more particularly described in the file, located at 1205 S. Military Trail. 4.) PUBLIC HEARING PROPOSED AMENDMENT TO THE DEERFIELD BEACH COMMUNITY REDEVELOPMENT AGENCY (CRA) PLAN Applicant: CITY OF DEERFIELD BEACH COMMUNITY REDEVELOPMENT AGENCY Proposal: Amendment to the CRA Plan pertaining to real estate acquisition associated with CRA projects. 5.) PUBLIC HEARING PROPOSED LAND DEVELOPMENT CODE AMENDMENT Applicant: CITY OF DEERFIELD BEACH Proposal: Amendment to the City of Deerfield Beach Land Development Code pertaining to the issuance and enforcement of Certificates of Use.

2 Planning and Zoning Board Meeting December 1, 2011 Page 2 6.) PUBLIC HEARING PROPOSED LAND DEVELOPMENT CODE AMENDMENT Applicant: CITY OF DEERFIELD BEACH Proposal: Amendment to the City of Deerfield Beach Land Development Code pertaining to additional regulations for automobile repair garages. E. STAFF REPORT F. CHAIRMAN S REPORT G. MEMBERS REPORT(S) H. ADJOURNMENT Any person wishing to appeal any decision made by the Planning and Zoning Board with respect to any of the above, will need a record of the proceedings and for such purpose, may need to insure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. The above notice is required by State law (FS ) Anyone desiring a verbatim transcript shall have the responsibility, at his/her own expense, to arrange for the presence at the hearing of a certified court reporter. A full transcript of the proceedings will be needed in order to appeal any decision of the Board. All interested parties may present testimony relevant to the applications and participate in the proceeding. Further information may be obtained from the Planning Office during business hours in City Hall. If anyone requires auxiliary aids for communication, please call (954) Publish: Sun Sentinel November 18, 2011 Gerald R. Ferguson, AICP Director of Planning & Growth Management

3 AGENDA (ADDENDUM) PLANNING AND ZONING BOARD CITY OF DEERFIELD BEACH, FLORIDA December 1, 2011 The following is an ADDENDUM to the agenda of a regular meeting of the Planning and Zoning Board of the City of Deerfield Beach, a municipal corporation of Florida, to be held on Thursday, December 1, 2011, at 7:00 p.m. in the City Commission Chambers, City Hall, 150 N.E. 2 nd Avenue, Deerfield Beach, Florida C. NEW BUSINESS 7.) PUBLIC HEARING PROPOSED LAND DEVELOPMENT CODE AMENDMENT Applicant: CITY OF DEERFIELD BEACH Proposal: Amendment to the City of Deerfield Beach Land Development Code pertaining to distance limitation for substance abuse treatment facilities. Posted: November 28, 2011 Gerald R. Ferguson, AICP Director of Planning & Development Services

4 DEERFIELD BEACH Agenda Item # 1 PLANNING & ZONING BOARD Thursday, December 1, 2011 SUMMARY BACKGROUND/EXPLANATION APPLICATION 11-R-167 Applicant: HOWARD HAIMOWITZ, by Dennis Mele Proposal: To rezone a 0.32-acre parcel from RM-25 (Residence, Multi-Family) to RM-10 (Residence, Multi-Family). Location: The property is described as the north ½ of Lot 22, all of Lot 23 and the south ½ of Lot 24, Block 6 of OCEAN VUE, more particularly described in the file, located at 536 N.E. 20 th Avenue. REQUESTED ACTION: Recommendation to City Commission on the proposed rezoning. ATTACHMENTS: Notification letter and map Staff Development Review Report

5 PUBLIC NOTICE APPLICATION 11-R-167 City of Deerfield Beach Dear Property Owner: November 18, 2011 This is to notify you that the PLANNING AND ZONING BOARD of the City of Deerfield Beach, a municipal corporation of Florida, shall hear an application for: HOWARD HAIMOWITZ To rezone a 0.32-acre parcel from RM-25 (Residence, Multi-Family) to RM-10 (Residence, Multi-Family). The property is described as the north ½ of Lot 22, all of Lot 23 and the south ½ of Lot 24, Block 6 of OCEAN VUE, more particularly described in the file, located at 536 N.E. 20 th Avenue. A public hearing will be held on THURSDAY, DECEMBER 1, 2011, at 7:00 p.m. in the City Commission Meeting Room. All interested parties may appear in person to offer evidence in support of or against the proposal. Further information may be obtained from the Planning Office during business hours in City Hall, 150 N.E. 2 nd Avenue, Deerfield Beach, FL 33441, phone: (954) Any person wishing to appeal any decision made by the Planning and Zoning Board with respect to any of the above, will need a record of the proceedings and for such purpose, may need to insure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. The above notice is required by State Law (FS ) Anyone desiring a verbatim transcript shall have the responsibility, at his/her own expense, to arrange for the presence at the hearing of a certified court reporter. A full transcript of the proceedings will be needed in order to appeal any decision of the Board. If anyone requires auxiliary aids for communication, please call (954) GERALD R. FERGUSON, AICP Director of Planning & Development Services

6 Public Notification Boundary OCEAN VUE NE 7 ST NE 7 ST NE 7 ST OCEAN BREEZE CLUB ) NE 20 AVE DEERFIELD MANOR CO-OP NE 21 AVE (A1A) EMERALD SEAS CONDO NE 21 TER OCEAN VUE NE 6 ST NE 6 ST ) 3 S EDES HSES FIELD ONDO ) 8 VILLA TOSCANA BEACH HAVEN GARDENS CONDO 505 DEERFIELD CONDO NE 20 AVE ) 6 ) 2 VENETIAN VILLAS CONDO NE 21 AVE VENETIAN VILLAS CONDO NE 21 TER NE 5 ST OCEAN VUE NE 5 ST (A1A) BERKSHIRE BEACH CLUB OF DEERFIELD CONDO VILLA DI CAPRI ) 10 ) 9 NE 4 ST NE 4 ST Subject Property. OCEAN VUE DEERFIELD TWN HMS NE 3 ST NE 20 AVE NE 4 CT NE 4 CT TIARA EAST CONDO ) 5 NE 21 AVE (A1A) NE 21 AVE ) 4 NE 21 TER NORTH BEACH PAVILION Public Hearing Notice Map Rezoning Application 11-R NE 20th Avenue LONG'S PLEASANT BEACH SUPPLEMENTARY PLAT OF LONG'S SD ) Feet For additional information Call the Planning Department at

7 Development Review Committee Summary Report Development Plan Application Review General Information Application No. 11-R-167 Applicant: Howard Haimowitz Agent: Dennis Mele Requested Action/Description: To rezone a 0.32-acre parcel from RM-25 (Residence, Multi-Family) to RM-10 (Residence, Multi-Family). Location: 536 NE 20 th Avenue Legal Description: The north ½ of Lot 22, all of Lot 23 and the south ½ of Lot 24, Block 6 of OCEAN VUE, more particularly described in the file. Size: 0.32-acre Existing Zoning: RM-25 Existing Land Use: Vacant/Multi-Family Future Land Use Plan Designation: Residential High (25 DU/AC) November 18, 2011 Page 1 of 4 Application 11-R-167

8 Surrounding Land Use and Zoning: Existing Land Use Zoning North: Single-Family RM-25 East: Tennis Court/Multi-Family RM-25 South: Duplex RM-25 West: Multi-Family RM-25 Applicable Regulations: Deerfield Beach Land Development Code Plat Restrictions: None Department Comments & Requirements Planning & Growth Management BACKGROUND The applicant is proposing to rezone approximately 0.32-acres of RM-25, residence multi-family designated land to RM-10, residence multi-family. There are no structures on the property, and the applicant is not submitting a site development plan in conjunction with this application. The parcel is located on the barrier island; generally north of the S curve and west of the A-I-A Highway. On August 25, 2011 the applicant sought a variance from Section of the Deerfield Beach Land Development Code in order to allow a 45-foot high, single-family home to be located 10-feet from the side and 15-feet from the rear property lines, rather than 22.5 feet from the side and 27.5 feet from the rear property lines as required by Code. The special master denied the variance application having found that required special conditions and circumstance peculiar to the land, structure or buildings involved, and which are not applicable to other lands was not demonstrated by the applicant, and that the conditions and circumstances offered by the applicant resulted from his own direct actions. PLANNING CONSIDERATIONS 1. Dimensional Requirements - Increased side and rear yard setbacks over 20-feet in building height: Dimensional requirements in the RM-25 zoning district require that side and rear setback be increased one-foot for each two-feet of building height over 20 feet. This means a maximum 55-foot high building in the RM-25 district would be required to have a 27-foot side yard and 32-foot setback respectively. November 18, 2011 Page 2 of 4 Application 11-R-167

9 Consequently, the side and rear yard dimensional requirements in the RM-10 zoning district do not increase with a building height over 20-feet. The maximum building height in the RM-10 zoning district is 35-feet, except in the beach area where due to a public referendum, the building height for all multi-family designations was increased to 55-feet. Therefore a 55-foot high building zoned RM-10 at the beach would be allowed to have a 10-foot side and 15-foot rear yard respectively. The applicant has stated that he is requesting the zoning change to construct a single family home. The zoning district RS-5 residence, single family also permits a single family dwelling unit. The maximum height in the RS-5 zoning district is 35 feet, with a 7.5-foot side yard and 15-foot rear yard setback. 2. Compliance with the Comprehensive Plan Per Section 98-9, no permit or approval for development of land shall be approved which does not comply with the goals, objectives and policies (GOPs) of the Deerfield Beach Comprehensive Plan. Per Section (14), a development permit must be consistent in all respects and satisfy the requirements of the Deerfield Beach Comprehensive Plan. The Future Land Use Element states, The purpose of the City s Future Land Use (FLU) Element is to designate the future land use patterns of the City as reflected by the GOPS set forth in the Plan. These future land use patterns are adopted through the implementation of the City s Future Land Use Map. The FLU map designates this parcel and all surrounding parcels as Residential High (25 du/ac). Accordingly, the zoning designation for this parcel and the surrounding parcels is RM-25, residence multi-family. The FLU map on the barrier island establishes three distinct residential districts which conform to their corresponding zoning designations as follows: 1) the Residential Low (RS-5, residence single family) neighborhood is located along the Intracoastal Waterway south of Hillsboro Boulevard, 2) the Residential Moderate (10 du/ac) (RM-10 residence multi-family) neighborhood is located north of Hillsboro Boulevard, near the Boca Raton City limits, and 3) Residential High (25 du/ac), (RM 25 residence, multifamily) which comprises the majority of the residential acreage on the island. There is no mixing of future land use categories with non corresponding zoning designations on the barrier island. A RM-10 zoning designation for the parcel is not consistent with the FLU map designation of Residential High (25 du/ac), or with the general land use pattern on the barrier island. The closest RM-10 zoning designated parcel is located 400 feet away from the application parcel. 3. Finding of compatibility of a proposed development with adjacent and neighboring (300 feet) uses and zoning - Per Section (15), there must be a finding of compatibility as defined in the Land Development Regulations, between the adjacent and neighboring uses (300 feet) and the proposed development. One of the development characteristics that define compatibility in the Code is (f) Setbacks and buffers. The properties surrounding the application parcel has been developed consistently with the RM 25 zoning district dimensional standards, including density and setbacks. Reducing the setback requirements is not consistent with the surrounding built development. It is not consistent with the purpose and intent of the RM-25 zoning district which is to delineate areas suitable for tourist accommodations and high-density residential development. November 18, 2011 Page 3 of 4 Application 11-R-167

10 SUMMARY The application states that the reason the owner is requesting that the parcel s zoning designation be changed to RM-10 from RM-25 is that the setback requirements of this district would allow for a more practical and compatible use of the property for use as a single family home. In actuality, the zoning designation most practical and compatible for the construction of a single family home is RS-5, residence single family. However per Case # 2277, the applicant chose not to request the RS-5 dimensional requirements, so that the proposed single family home could exceed the 35-foot RS-5 height limit. Neither zoning designations RS-5 nor RM-10 are compatible with the parcel s Future Land Use designation of Residential High. Rezoning a parcel to circumvent the setback requirements of the RM-25 zoning district is not compatible with the purpose and intent of the City s future land use map and the surrounding RM-25 zoned development. Staff does not support the rezoning of this parcel from RM-25 residence, multifamily to RM-10 residence, multi-family. City Landscape Architect Approved as submitted. Engineering Division, Public Works & Environmental Services Approved as submitted. Sanitation Division, Public Works & Environmental Services Approved as submitted. Fire/Rescue Approved as submitted. This report contains the requirements of the Deerfield Beach Development Review Committee members relative to this site development plan application. If there are any questions or issues regarding compliance with any of the requirements in this report, the respective department should be contacted directly. November 18, 2011 Page 4 of 4 Application 11-R-167

11 DEERFIELD BEACH Agenda Item # 2 PLANNING & ZONING BOARD Thursday, December 1, 2011 SUMMARY BACKGROUND/EXPLANATION APPLICATION 97-B1-135 REVISION 8 Applicant: MCDONALD S CORPORATION, by Rosangela DeMello Proposal: Site plan modification to demolish an 810 square-foot play land area and construct a 414 square-foot addition to the existing McDonald s restaurant with an outdoor seating area and to modify the existing drive-thru lane to create a side by side drive thru configuration. Location: A portion of Parcel A, LIVING LEGENDS CENTER, more particularly described in the file, located at 3901 W. Hillsboro Boulevard. REQUESTED ACTION: Recommendation to the City Commission on the proposed site plan modification. ATTACHMENTS: Notification letter and map Staff Development Review Report

12 PUBLIC NOTICE APPLICATION 97-B1-135 REVISION 8 City of Deerfield Beach Dear Property Owner: November 18, 2011 This is to notify you that the PLANNING AND ZONING BOARD of the City of Deerfield Beach, a municipal corporation of Florida, shall hear an application for: MCDONALD S CORPORATION by Rosangela DeMello Site plan modification to demolish an 810 square-foot play land area and construct a 414 square-foot addition to the existing McDonald s restaurant with an outdoor seating area and to modify the existing drive-thru lane to create a side by side drive thru configuration. The property is described as a portion of Parcel A, LIVING LEGENDS CENTER, more particularly described in the file, located at 3901 W. Hillsboro Boulevard. A public hearing will be held on THURSDAY, DECEMBER 1, 2011, at 7:00 p.m. in the City Commission Meeting Room. All interested parties may appear in person to offer evidence in support of or against the proposal. Further information may be obtained from the Planning Office during business hours in City Hall, 150 N.E. 2 nd Avenue, Deerfield Beach, FL 33441, phone: (954) Any person wishing to appeal any decision made by the Planning and Zoning Board with respect to any of the above, will need a record of the proceedings and for such purpose, may need to insure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. The above notice is required by State Law (FS ) Anyone desiring a verbatim transcript shall have the responsibility, at his/her own expense, to arrange for the presence at the hearing of a certified court reporter. A full transcript of the proceedings will be needed in order to appeal any decision of the Board. If anyone requires auxiliary aids for communication, please call (954) GERALD R. FERGUSON, AICP Director of Planning & Development Services

13 A 14 C YORKVILLE Public Notification Boundary ) GATES OF HILLSBORO 31 NW 1 DR 3 NW 1 DR - PARCEL 2 C NW 37 WAY 7 ) NW 39 WAY SECTION ONE SHOPPING CENTER NW 1 PL NW 1 PL GATES OF HILLSBORO 1 ) GRAND UNION DEERF LIVING LEGENDS CENTER PARCEL A LAKE PARCEL A W B L V D Subject Property DEERFIELD MALL Public Hearing Notice Map PARCEL A. H I L L S B O R O DEERFIELD MALL ADDITION O Site Plan Application 97-B1-135 Rev W Hillsboro Boulevard For additional information Call the Planning Department at DEERFIEL MALL Feet

14 Development Review Committee Summary Report Development Plan Application Review General Information Application No. 97-B1-135 Revision 8 Applicant: McDonald s Corporation Agent: Rosangela DeMello Requested Action/Description: Site plan modification to demolish a 810 square-foot playland area and construct a 414 square-foot addition to an existing restaurant with an outdoor seating area and to modify the existing drive-thru lane, to create a side by side drive-thru configuration. Location: 3901 W. Hillsboro Boulevard Legal Description: A portion of Parcel A, LIVING LEGENDS CENTER, more particularly described in the file. Size: 0.53-acre Existing Zoning: B1 Existing Land Use: Fast Food Restaurant Future Land Use Plan Designation: Commercial November 18, 2011 Page 1 of 6 Application 97-B1-135 Revision 8

15 Surrounding Land Use and Zoning: Existing Land Use Zoning North: Restaurant B-1 East: Commercial B-1 South: Commercial B-2 West: Assisted Living Facility RM-10 Applicable Regulations: Deerfield Beach Land Development Code Plat Restrictions: Restricted to 96 sleeping rooms limited to persons 55 years & older and 65,000 sq. ft. of commercial use Department Comments & Requirements Planning & Growth Management BACKGROUND: On March 17, 1998, the City Commission granted site plan approval to construct a 4,021 square foot restaurant and drive thru as an out parcel of an existing 51,873 square-foot strip shopping center. In 1999, the site plan was furthered revised to add a second, 3076 square-foot restaurant without a drive thru (Ruby Tuesday). All businesses in the shopping center share parking, access and the dimensional requirements of the site plan such as landscape area and lot coverage. Therefore the City will review the proposed modification as a revision to the entire commercial parcel. Site Plan 97-B1-135 Revision 8 is a request to demolish the existing play land area of the restaurant and construct a 414 square-foot restaurant addition with additional outdoor seating. The revision also includes the elimination of six parking spaces so that the existing drive-thru may be expanded in a side by side configuration. All proposed improvements are part of Mc Donald s nationwide campaign to revitalize and re-image existing restaurants. The existing exterior elevations and signage for the restaurant will be changed in compliance with this campaign. SITE PLAN REVIEW COMMENTS AND REQUIREMENTS: 1. The minimum one-way drive aisle width is 15 feet. The proposed drive aisle width in the northeast corner of the parcel is 10 feet. Revise the plans to meet Code. November 18, 2011 Page 2 of 6 Application 97-B1-135 Revision 8

16 2. It appears that the intention of the application is to separate the drive thru lanes from the general parking drive aisles by using a painted surface rather than curbing. Curbing should be used to separate the uses. PLANNING CONSIDERATIONS: 1. Compliance with the Comprehensive Plan - Per Section 98-9, no permit or approval for development of land shall be approved which does not comply with the goals, objectives and policies (GOPs) of the Deerfield Beach Comprehensive Plan. The Future Land Use (FLU) Map designation for this parcel is Commercial. Commercial use areas on the FLU Map are intended for neighborhood, community and regional commercial enterprises which support the permanent and seasonal population of the City. The revised restaurant is a permitted use in the Commercial use category and supports the intent of the commercial land use category. 2. Finding of compatibility of a proposed development with adjacent and neighboring (300 feet) uses and zoning - Per Section (15), there must be a finding of compatibility as defined in the Land Development Regulations, between the adjacent and neighboring uses (300 feet) and the proposed development. As stated in the background analysis, the proposed restaurant is a component of a larger commercial complex. By definition compatibility is measured based on the following compatibility characteristics of the proposed development in relationship to the immediate surrounding area: (a) Permitted uses, structures and activities allowed within the zoning category: The proposed improvements to the restaurant use do not change the existing restaurant use. The existing restaurant use is compatible with the adjacent restaurant use and the neighborhood commercial uses located in the existing shopping center. (b) Building location, dimensions, height and floor area; The proposed improvements to the existing restaurant do not change the general building location, dimensions or height of any structures. The floor area for the restaurant actually decreases with the removal of the covered play land area. (c) Location and extent of parking, access drives and service areas; The proposed improvements no not charge the existing parking, access drives and service areas of the shopping center. However as proposed, there is concern that drive thru vehicular stacking could over flow into the general drive aisles, unless the aisles are physically separated. (d) Traffic generation, hours of operation, noise levels and outdoor lighting; The proposed 414 square-foot addition to the restaurant will not generate significant additional traffic, change the hours of operation, noise levels or outdoor lighting levels. The proposed side by side drive thru lanes should facilitate faster and better drive-thru service, helping to eliminate possible conflicts with adjacent parking areas. The existing masonry wall and landscape buffer between the commercial and adjacent residential use will remain. While expanded, the location of the existing drive thru will not change. It should be noted that a major retention pond separates the residential development from the commercial use. The residential building is located almost 400 feet away from the restaurant property. November 18, 2011 Page 3 of 6 Application 97-B1-135 Revision 8

17 (e) Alteration of light and air; The proposed improvements reduce the volume of the building with the elimination of the play land area. Existing light and air flow patterns to adjacent properties will not be diminished with the construction of the proposed improvements. (f) Setbacks and buffers Fences, walls, landscaping and open space treatment. To be compatible, design treatments must reflect consideration of adjoining and surrounding development and land use. The proposed improvements do not change the existing west and south landscape buffers, or the building setbacks from these property lines. The proposed addition is located interior to the parcel away from any residential development. The existing 6-foot high masonry wall and landscape buffer will remain. While not located on the subject property, a large retention pond separates the residential build from the restaurant providing a substantial buffer. The revised elevations, colors and signage modernize the building and are compatible with the new image for the shopping center. SUMMARY: Staff s review of application 97-B Revision 8 has found that the proposed project is compatible with adjacent uses and provides appropriate building design, setbacks and landscape buffering that is the intent of the Land Development Regulations. Therefore staff would support a recommendation from the Planning and Zoning Board to approve the site plan with conditions, and find application 97-B1-135 Revision 8 to be consistent with the goals, objectives and policies of the Deerfield Beach Comprehensive Plan. City Landscape Architect The landscape plan is approved with the following conditions: 1. Per Section (i)(1), three (3) flowering trees are required on the site. Adjust plan and plant list to reflect this quantity. 2. Eleven (11) native trees are required on the site, only seven (7) are shown. Per Section (i)(3) show an additional four (4) trees on the plan and plant list. 3. Per Section (f)(1) one tree must be placed for each 30 lineal feet on the periphery of the property (excluding driveways). Add one (1) tree to the south property line. 4. All dead and dying material is to be removed and replaced, to this end remove existing dead tree (adjacent to Hillsboro Blvd. property line) and replace it with another of like form and mature canopy. 5. The Oak tree s proposed location is too close to an existing Mahogany tree. Either remove the existing tree, which is in fair condition, or suggest a new location on site for the tree. 6. Trees with columnar growth habit are highly recommended in lieu of the Ligustrum trees proposed along the drive aisle as they may become a hazard and maintenance problem. November 18, 2011 Page 4 of 6 Application 97-B1-135 Revision 8

18 7. Tree removal permits are required for all tree removals, to be obtained from the Building Department. 8. Landscape permits are required before any planting occurs. Permits are obtained from the Building Department. 9. Trees are to be planted at a depth so that the root-flare and top of first order root(s) are fully visible, with 10% of the height of the rootball above grade. Reflect this in planting detail. 10. An irrigation plan and specifications for the system must be included with the landscape plans when submitting for permit. The irrigation system shall be designed to have a minimum of 150% coverage. The system must include a rain sensor. 11. All trees adjacent to FP&L powerlines are required to comply with the FP&L Right Tree Right Place guidelines. 12. All swales are required to be sodded with St. Augustine Floratam sod and irrigated by an automatic sprinkler system with 150% coverage. 13. Landscape ordinance specifications on irrigation and installations supersede any notes on the plan. 14. All proposed and existing plant material on site must meet FL #1 standards as stated in Code. 15. All landscape plant materials, installation, maintenance and preservation shall be in accordance with the City of Deerfield Beach Land Development Code, Section and It is required that the landscape contractor schedule an on-site pre-construction meeting with the City Landscaper. 17. The completed installation shall be certified by the firm providing the design, per (t). 18. Provide 2 sets of Signed & Sealed as-built plans to Planning and Growth Management Dept. Engineering Division, Public Works & Environmental Services This site plan is not approved by the Engineering Department until the following condition is met: Per the City code, the minimum width on a one-way drive aisle is 15 wide, please rectify from 10 width on the proposed plans. Be advised that prior to the issuance of a building permit, the developer/contractor must apply for and receive an Engineering Permit. During Engineering permit process, further engineering review will be made and comments provided as required. November 18, 2011 Page 5 of 6 Application 97-B1-135 Revision 8

19 For issuance guidelines and further information, please contact the Engineering Department at Sanitation Division, Public Works & Environmental Services Approved as submitted. Fire/Rescue The proposed site plan to demolish an 810 square-foot playland area and construct an outdoor seating area is approved as submitted. A complete set of permitted plans must be submitted for review and approval prior to all construction. All permitted plans must comply with Broward County Local Amendments to the Florida Fire Prevention Code, NFPA 1-Uniform Fire Code, Florida Edition 2007, and NFPA 101-Life Safety Code, Florida Edition This report contains the requirements of the Deerfield Beach Development Review Committee members relative to this site development plan application. If there are any questions or issues regarding compliance with any of the requirements in this report, the respective department should be contacted directly. November 18, 2011 Page 6 of 6 Application 97-B1-135 Revision 8

20 DEERFIELD BEACH Agenda Item # 3 PLANNING & ZONING BOARD Thursday, December 1, 2011 SUMMARY BACKGROUND/EXPLANATION APPLICATION 01-B1-160 REVISION 3 Applicant: AW HOLDINGS DEERFIELD INC., by Andrew Waldman Proposal: Site plan modification to construct a 15,873 square-foot office building as an addition to an existing 21,792 square-foot office complex. Location: A acre parcel described as a portion of Parcel 1, MEADOWLANDS COMMERCIAL PLAT, more particularly described in the file, located at 1205 S. Military Trail. REQUESTED ACTION: Recommendation to the City Commission on the proposed site plan modification. ATTACHMENTS: Notification letter and map Staff Development Review Report

21 PUBLIC NOTICE APPLICATION 01-B1-160 REVISION 3 City of Deerfield Beach Dear Property Owner: November 18, 2011 This is to notify you that the PLANNING AND ZONING BOARD of the City of Deerfield Beach, a municipal corporation of Florida, shall hear an application for: AW HOLDINGS DEERFIELD, INC. by Andrew Waldman Site plan modification to construct a 15,873 square-foot office building as an addition to an existing 21,792 square-foot office complex. The property is described as a acre parcel described as a portion of Parcel 1, MEADOWLANDS COMMERCIAL PLAT, more particularly described in the file, located at 1205 S. Military Trail. A public hearing will be held on THURSDAY, DECEMBER 1, 2011, at 7:00 p.m. in the City Commission Meeting Room. All interested parties may appear in person to offer evidence in support of or against the proposal. Further information may be obtained from the Planning Office during business hours in City Hall, 150 N.E. 2 nd Avenue, Deerfield Beach, FL 33441, phone: (954) Any person wishing to appeal any decision made by the Planning and Zoning Board with respect to any of the above, will need a record of the proceedings and for such purpose, may need to insure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. The above notice is required by State Law (FS ) Anyone desiring a verbatim transcript shall have the responsibility, at his/her own expense, to arrange for the presence at the hearing of a certified court reporter. A full transcript of the proceedings will be needed in order to appeal any decision of the Board. If anyone requires auxiliary aids for communication, please call (954) GERALD R. FERGUSON, AICP Director of Planning & Development Services

22 FAR HARWOOD D FARNHAM O FARNHAM K FARNHAM J FARNHAM E Public Notification Boundary T S W 1 0 S T S W 1 0 S T S W 1 0 S T S W 1 0 S T SW 24 AVE COLONNADE BUSINESS CENTER 1 PARCEL A PALM TRAILS PLAZA S M I L I T A R Y T R L SW 24 AVE MEADOWLANDS COMMERCIAL PLAT SW 24 TER SW 24 TER ) 22 ) 21 SW 24 AVE SW 24 AVE R A R L T Y SAWGRASS SQUARE PROMENADE MEADOWLAKES GARDEN CONDO PARCEL I MEADOWLAKES CLEARWATER OF MEADOWLAKES CONDO 500 S M I L I T A R PARCEL A LAKE BOUNDARY Y T R L VILLAS AT MEADOW LAKES CONDO MEADOWLAKES LAKE LAKE BOUNDA Subject Property T I L MEADOWRIDGE CONDO LAKE MEADOWRIDGE EAS MEADOWRID ) 21 I M S. Public Hearing Notice Map Site Plan Application 01-B1-160 Rev S Military Trail Feet For additional information Call the Planning Department at

23 Development Review Committee Summary Report Development Plan Application Review General Information Application No. 01-B1-160 Revision 3 Applicant: AW Holdings Deerfield, Inc. Agent: Andrew Waldman Requested Action/Description: Site plan modification to construct 17,227 square feet of office use as part of an existing 32,048 square-foot office complex. Location: 1205 South Military Trail Legal Description: A portion of Parcel 1, MEADOWLANDS COMMERCIAL PLAT Size: acres Existing Zoning: B1 Existing Land Use: Vacant land Future Land Use Plan Designation: Commercial November 18, 2011 Page 1 of 6 Application 01-B1-160 Revision 3

24 Surrounding Land Use and Zoning: Existing Land Use Zoning North: Commercial B-1 East: Gas Station B-2 South: Residential-Multi-Family RM-15 West: Office B-1 Applicable Regulations: Deerfield Beach Land Development Code Plat Restrictions: Restricted to 80 dwelling units & 209,900 sq. ft. of commercial use Department Comments & Requirements Planning & Growth Management BACKGROUND: On March 5, 2002, the City Commission granted site plan approval to construct an office complex totaling 32,048 square feet on a portion of a parcel that left approximately 42,000 square-feet vacant for future development. The office complex is known as The Commons, and site plan application 01-B1-160 Revision 3 is being submitted as Phase II of the Commons development. All buildings at The Commons complex share access, parking and the dimensional requirements of the site plan, such as landscape area and lot coverage. Therefore staff will review the proposed modification as a revision to the entire commercial parcel. SITE PLAN REVIEW COMMENTS AND REQUIREMENTS: 1. Per Section 98-88(j)(5)(5), lighting spillover onto adjacent properties shall not exceed one footcandle. Bring the photometrics out to the property line to demonstrate compliance with the Code. 2. Per Section 98-88(j)(5), all commercial parking facilities shall be illuminated with an average footcandle of 1 and no minimum point below 0.25 footcandles. This includes parking lots and access thereto. The entrance drive aisles to this property have 0 footcandles, and does not meet Code. Revise the photometrics plan to meet Code. 3. Per Section 98-88(n), fifty (50) percent of the provided parking can be commercial compact size (9 x 18 ), the remaining 50% must be standard size (10 x 20 ). A variance was approved for phase I of this project on March 5, 2002 to provide 0 standard parking spaces. This phase (phase II) is providing an additional 43 parking spaces, all of which are compact size. If no standard spaces are to be provided, then the applicant must ask for a second variance to provide 0 standard parking spaces. November 18, 2011 Page 2 of 6 Application 01-B1-160 Revision 3

25 4. The Community Appearance Board approved this application on November 9, PLANNING CONSIDERATIONS: 1. Compliance with the Comprehensive Plan - Per Section 98-9, no permit or approval for development of land shall be approved which does not comply with the goals, objectives and policies (GOPs) of the Deerfield Beach Comprehensive Plan. The Future Land Use (FLU) Map designation for this parcel is Commercial. The proposed office and retail use for the buildings are permitted uses in the future land use category of Commercial. and they support the intent of the category. The commercial parcel is located within a larger commercial district, generally defined as an area South, of SW 10 Street and West of Military Trail. The application is in compliance with the Deerfield Beach Comprehensive Plan. 2. Finding of compatibility of a proposed development with adjacent and neighboring (300 feet) uses and zoning - Per Section (15), there must be a finding of compatibility as defined in the Land Development Regulations, between the adjacent and neighboring uses (300 feet) and the proposed development. By definition, compatibility is to be measured based on the following compatibility characteristics of the proposed development in relationship to the immediate surrounding area: (a) Permitted uses, structures and activities allowed within the zoning category: The property is zoned B-1, business community. The proposed office/retail complex is located adjacent to a major strip shopping center to the west and a two-story office building the east. An interior driveway provides a connection from the parcel to nearby banks, restaurants, a gas station, and another shopping center formerly known as the Winn Dixie Plaza. The proposed office/ retail use supports the intent of the zoning district as it is consistent with the surrounding commercial development. (b) Building location, dimensions, height and floor area; The Phase II Commons buildings have been designed in the same West Indies architectural style as the phase I buildings. The one and two-story buildings are compatible with the general one story surrounding commercial buildings. The buildings have been moved closer to Military Trail with the required parking to the rear, rather than the front. This helps to define the corner and accentuates the building s location. The site plan meets all dimensional requirements. (c) Location and extent of parking, access drives and service areas; The Phase II office complex does not change the existing entrances and access driveways supporting the Phase I buildings and adjacent commercial use. The proposed parking is adequate to support the proposed use and is located in a manner to enhance the design of the buildings. (d) Traffic generation, hours of operation, noise levels and outdoor lighting; Traffic impacts are assessed by the County for any additional traffic trips placed the regional transportation network. The Meadowland Commercial Plat is restricted to 209,900 square feet of commercial use. The construction of this application would leave 28,600 square feet of commercial use available on the plat for future expansion. It is not expected that the hours of operation for the office/retail buildings will exceed those of the adjacent shopping center, gas station or office buildings. November 18, 2011 Page 3 of 6 Application 01-B1-160 Revision 3

26 (e) Alteration of light and air; The maximum height of the one and two story buildings is 27-feet; which is under the maximum 45-foot building height allowed in the B-1 zoning district. The buildings have been designed to be connected by covered patios and walkways allowing air to flow freely between them. Existing light and air flow patterns to adjacent properties will not be diminished with the construction of the proposed buildings. (f) Setbacks and buffers Fences, walls, landscaping and open space treatment. To be compatible, design treatments must reflect consideration of adjoining and surrounding development and land use. When completed, The Commons project will provide an additional 17,272 squarefeet of landscape area above the amount required by Code. The project meets all set back and buffer requirements. There are no adjacent residential use issues that might require additional screening. The phase II office/retail buildings have been developed to compliment the phase I buildings and to create a campus like development with covered walkways and patios joining the buildings. SUMMARY: Staff s review of application 01-B1-160 Revision 3 has found that the proposed project is compatible with adjacent uses and provides appropriate building design, setbacks and landscape buffering that is the intent of the Land Development Regulations. Therefore, staff would support a recommendation from the Planning and Zoning Board to approve the site plan with conditions, and find application 01-B1-160 Revision 3 to be consistent with the goals, objectives and policies of the Deerfield Beach Comprehensive Plan. City Landscape Architect The landscape plan is approved with the following conditions: 1. Per section 98-80(q) a tree survey are required. Submit a tree survey, showing quantities, locations and sizes of existing trees/ palms. 2. Based on the information submitted, the Jacaranda tree shown for relocation is not on your property. Place a new tree in the location shown; or show proof that permission was granted from the property owner to relocate this tree; or show proof that it is on your property. 3. Per section 98-80(j) (4) 50% of required trees need to be 16 height or palms of 18 GW or greater. Twenty-five (25) are required. Please revise plan/ plant list to show the 25 trees/ palms (due to overage in the overall parcel, you may reduce this amount by nine (9)).Note that in this section of the code palms are counted 1:1. 4. Architect s seal on drawings, Landscape Architect is required to sign and seal drawings. 5. Tree removal permits are required for all tree removals, to be obtained from the Building Department. 6. Landscape permits are required before any planting occurs. Permits are obtained from the Building Department. November 18, 2011 Page 4 of 6 Application 01-B1-160 Revision 3

27 7. Trees are to be planted at a depth so that the root-flare and top of first order root(s) are fully visible, with 10% of the height of the rootball above grade. Reflect this in planting detail. 8. An irrigation plan and specifications for the system must be included with the landscape plans when submitting for permit. The irrigation system shall be designed to have a minimum of 150% coverage. The system must include a rain sensor. 9. All trees adjacent to FP&L powerlines are required to comply with the FP&L Right Tree Right Place guidelines. 10. All swales are required to be sodded with St. Augustine Floratam sod and irrigated by an automatic sprinkler system with 150% coverage. 11. Landscape ordinance specifications on irrigation and installations supersede any notes on the plan. 12. All proposed and existing plant material on site must meet FL #1 standards as stated in Code. 13. All landscape plant materials, installation, maintenance and preservation shall be in accordance with the City of Deerfield Beach Land Development Code, Section and It is required that the landscape contractor schedule an on-site pre-construction meeting with the City Landscaper. 15. The completed installation shall be certified by the firm providing the design, per (t). 16. Provide 2 sets of Signed & Sealed as-built plans to Planning and Growth Management Dept. Engineering Division, Public Works & Environmental Services This site plan is not approved by the Engineering Department until the following condition is met: Submit civil engineering drawings showing existing and proposed utility plans. Be advised that prior to the issuance of a building permit, the developer/contractor must apply for and receive an Engineering Permit. During Engineering permit process, further engineering review will be made and comments provided as required. For issuance guidelines or further information, please contact the Engineering Department at Sanitation Division, Public Works & Environmental Services The above site plan has been reviewed by the Solid Waste Operations Division and was found to be unacceptable as it relates to the location of the garbage/trash containers. Please be advised because you are an extra building coming to this location you will be required to build your own dumpster enclosure size 10 x 20. November 18, 2011 Page 5 of 6 Application 01-B1-160 Revision 3

28 Construction of the refuse container enclosure and slab must comply with the City of Deerfield Beach s Manual of Standard Engineering specifications If you have any concerns pertaining to this matter, please contact Mario Reboa at Fire/Rescue The proposed site plan modification to construct a 15,970 square-foot office building is not approved as submitted. Please provide the following: Fire water line layout Location of fire hydrants within parking area Parking lot emergency vehicle turning radius must meet 50 feet outside and 28 feet inside. Please label on plan. A complete set of permitted plans must be submitted for review and approval prior to all construction. All permitted plans must comply with Broward County Local Amendments to the Florida Fire Prevention Code, NFPA 1-Uniform Fire Code, Florida Edition 2007, and NFPA 101-Life Safety Code, Florida Edition This report contains the requirements of the Deerfield Beach Development Review Committee members relative to this site development plan application. If there are any questions or issues regarding compliance with any of the requirements in this report, the respective department should be contacted directly. November 18, 2011 Page 6 of 6 Application 01-B1-160 Revision 3

29 DEERFIELD BEACH Agenda Item # 4 PLANNING & ZONING BOARD Thursday, December 1, 2011 SUMMARY BACKGROUND/EXPLANATION PROPOSED AMENDMENT TO THE DEERFIELD BEACH COMMUNITY REDEVELOPMENT AGENCY (CRA) PLAN Applicant: CITY OF DEERFIELD BEACH COMMUNITY REDEVELOPMENT AGENCY Proposal: Amendment to the CRA Plan pertaining to real estate acquisition associated with CRA projects. REQUESTED ACTION: Recommendations to the City Commission on consistency with the City s Comprehensive Plan. ATTACHMENTS: Memorandum from CRA Director/Assistant City Manager, Keven Klopp explaining the rational for the proposed amendment. Exhibit A outlining the proposed changes to the City s CRA Plan. Excerpts from the Comprehensive Plan showing consistency.

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31 Community Redevelopment Plan for the Beach/Cove CRA Area Deerfield Beach, Florida recommends substantial improvements to existing community facilities and services, such as: improvements to the beach boardwalk area, pedestrian access throughout the area and traffic circulation improvements that will lower response times for the fire station located on the beach. Further, the plan supports an increase in public parking throughout the area. Parks and Recreation: The Redevelopment Plan specifically calls for the enhancement and expansion of the beach and related park areas. Further, new recreation opportunities are recommended, such as new water front recreational boating along the Intracoastal Waterway, enhanced bicycle circulation along the beach and throughout the CRA Area, and improved pedestrian circulation. Effect on School Population: The Beach Area population consists predominantly of retirees and seasonal housing, and this Redevelopment Plan does not envision any significant impacts on schools. New housing opportunities on the beach likely will continue to appeal to the seasonal and retiree population. The residential areas to the west of the Intracoastal Waterway are built-out and the only new residential opportunities created in this area will be in the Cove and Palm Aire shopping areas, which would be subject to school concurrency review at the time of platting. Other Matters Affecting the Physical and Social Quality of the Neighborhood: Overall, the Redevelopment Plan will have a positive impact on the quality of life in the neighborhood by providing enhanced parks, more public beach areas, landscaping, drainage improvements and traffic circulation. The improvements will increase property values in the area, boost tourism, and provide a stronger commercial base, while maintaining the villagelike character of the area. J. Land and Building Acquisition Several parcels are targeted for acquisition. For example, to complete linkages between the Cove and Hillsboro Square shopping centers, land acquisition may be considered. Land acquisition along SR A1A and Hillsboro Boulevard may also be necessary to properly implement planned streetscape projects along those roadways. Design plans for proposed CRA Area projects are being developed at this time. The CRA has documented specific building and/or land acquisition needs (See 2011 Real Estate Acquisition Strategy Plan adopted herein by reference). Attempts to acquire the following necessary lands and/or buildings through public/private development partnerships or private market purchases will commence in 2011:. Any property acquisition must further the E D S A HBI Planning Services Keith & Associates Page 42 of 60

32 Community Redevelopment Plan for the Beach/Cove CRA Area Deerfield Beach, Florida objectives of the Redevelopment Plan.and follow CRA Real Estate Acquisition Policy. Site Former Riverview Restaurant Site Chamber of Commerce NE Corner of A1A and Hillsboro Former Pal s Site Former motel site at NE 1 st St. at NE 21Ave. Purpose/Project Expand and Redevelop Sullivan Park Expand and Redevelop Sullivan Park Temporary Parking, Beautify,Assemble Parking garage Temporary Parking, Beautify, Assemble If all market acquisition efforts fail, then eminent domain may be used consistent with applicable State laws and regulations. K. Conformance with Deerfield Beach Comprehensive Plan and Broward County Land Use Plan Broward County Land Use Plan The proposed Beach/Cove Community Redevelopment Plan is also consistent with the Broward County Land Use Plan (LUP) and Plan map. The land use pattern discussed above with reference to the City s Future Land Use Map is essentially identical to that shown for the CRA area on the County s LUP map. Thus, the proposed redevelopment landuse guidelines for the Beach/Cove Area are consistent with County land use designations. The suggested addition of mixed-use flexibility in some areas of the CRA will be addressed by a future detailed study and, to the extent possible, accomplished within the current County flexibility zone and reserve unit system, if found to be feasible. The Beach/Cove Community Redevelopment Plan also furthers several important goals, objectives and policies in the Broward County Land Use Plan as follows: Objective : Objective : FLEXIBILITY AND IRREGULAR DENSITIES- Establish flexibility within the Broward County Land Use Plan in order to facilitate the arrangement of residential densities, and allow local governments and the private sector to respond to changing conditions. (See also related Policies and ). INNOVATIVE LAND DEVELOPMENT TECHNIQUES AND REGULATIONS - Encourage the use of innovative land development regulations and techniques, for both residential and nonresidential development in order to promote planned E D S A HBI Planning Services Keith & Associates Page 43 of 60

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35 DEERFIELD BEACH Agenda Item # 5 PLANNING & ZONING BOARD Thursday, December 1, 2011 SUMMARY BACKGROUND/EXPLANATION PROPOSED LAND DEVELOPMENT CODE AMENDMENT Applicant: CITY OF DEERFIELD BEACH Proposal: Amendment to the City of Deerfield Beach Land Development Code pertaining to the issuance and enforcement of Certificates of Use. As a result of State legislation pertaining to the regulation of businesses, what was considered an occupational, or business, license is now a business tax. Cities may issue a Business Tax Receipt, but that fee may not be collected as part of a regulatory or licensing process. In order to comply with the State Statutes and still insure business comply with the zoning and other City regulations, cities are instituting a Certificate of Use program. To legally operate, all businesses must pay their business tax. Upon payment, they will receive a Business Tax Receipt which must be prominently displayed. Before they can apply to pay their business tax, they must obtain a Certificate of Use from the City. The Certificate of Use signifies that the business location is zoned property for that particular use, and that it meets all applicable fire safety codes and building code requirements. REQUESTED ACTION: Recommendation to the City Commission on the proposed ordinance amending the Land Development Code to establish the Certificate of Use program. ATTACHMENT: Proposed ordinance amending the Land Development Code in underline and strike-through format.

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44 DEERFIELD BEACH Agenda Item # 6 PLANNING & ZONING BOARD Thursday, December 1, 2011 SUMMARY BACKGROUND/EXPLANATION PROPOSED LAND DEVELOPMENT CODE AMENDMENT Applicant: CITY OF DEERFIELD BEACH Proposal: Amendment to the City of Deerfield Beach Land Development Code pertaining to additional regulations for automobile repair garages. In reviewing the Business Tax section of the City Code, staff discovered a regulation on automobile repair garages that is actually a zoning regulation. This item is merely an amendment to move the regulation to the Land Development Code. The regulation is not changing. REQUESTED ACTION: Recommendation to the City Commission on the proposed ordinance amending the Land Development Code regarding automobile repair garages. ATTACHMENT: Proposed ordinance amending the Land Development Code in underline and strike-through format.

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