AGENDA PLANNING AND ZONING BOARD CITY OF DEERFIELD BEACH, FLORIDA July 11, 2013

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1 AGENDA PLANNING AND ZONING BOARD CITY OF DEERFIELD BEACH, FLORIDA July 11, 2013 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, July 11, 2013, 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 May 5, 2013 & June 6, 2013 C. OLD BUSINESS None D. NEW BUSINESS 1.) PUBLIC HEARING APPLICATION 13-B2-118 Applicant: DEERFIELD FLORIDA HOUSE, LLC, represented by Scott Backman Proposal: Site plan modification to change the use from restaurant to substance abuse treatment facility and add 10,462 square feet to the existing 12,300 square-foot building, for a total of 22,762 square feet. Location: The property is a 1.83 acre parcel described as Parcels B, C, and D, BARWAL PLAT, located at 500 S. Federal Highway. 2.) PUBLIC HEARING APPLICATION 13-PID-1F (formerly 280-PID-1F) Applicant: AQUATERRA DESIGN GROUP, represented by David Rathbun Proposal: Site plan modification to add 5,367 square feet to an existing 13,147 square-foot office/warehouse building for a total of 18,514 square feet. Location: The property is a 1.0 acre parcel described as a portion of Section 36, Township 47 South, Range 42 East, more particularly described in the file, located at 601 Jim Moran Boulevard. 3.) PUBLIC HEARING LAND DEVELOPMENT CODE AMENDMENT Applicant: CITY OF DEERFIELD BEACH Proposal: Amending various sections of the Land Development Code relating to: definitions of alcoholic beverage establishments, medical clinics, group counseling/treatment, hospital, and special hospital; clarification of uses permitted/not permitted in RSO zoning, permitting hospitals and specialty hospitals only in OP and CF zoning; modifying parking requirements for hospitals and medical clinics, and adding parking requirements for specialty hospitals. E. STAFF REPORT F. CHAIRMAN S REPORT G. MEMBERS REPORT(S) H. ADJOURNMENT

2 Planning and Zoning Board Meeting July 11, 2013 Page 2 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 June 28, 2013 Gerald R. Ferguson, AICP Director of Planning & Development Services

3 PLANNING AND ZONING BOARD CITY OF DEERFIELD BEACH, FLORIDA May 2, 2013 MINUTES OF A MEETING A regular meeting of the Planning and Zoning Board of the City of Deerfield Beach, a municipal corporation of Florida, was called to order on the above date at 7:00 p.m. in the City Commission Chambers by Ray Lavoie, Acting Chairman. Roll Call showed: CALL TO ORDER AND ROLL CALL Present: Todd Drosky, Chairman Ray Lavoie, Vice Chairman Brian Bennett Robert Brown John Hillman Kathy Maggi, Alternate Also Present: Amanda Martinez, Chief Planner Sharon Cruz, Assistant City Attorney Vernadette Fuller, Minutes Secretary Absent: Naomi Gayle, Alternate Brett Roy, Alternate SEATING OF ALTERNATE NONE APPROVAL OF MINUTES OF PREVIOUS BOARD MEETING Motion was made by, Mr. Brown and second by Mr. Hillman to approve the April 4, 2013 minutes as submitted. The motion CARRIED unanimously. OLD BUSINESS NONE NEW BUSINESS PUBLIC HEARING APPLICATION 13-R-170 Applicant: CITY OF DEERFIELD BEACH Proposal: To rezone an approximately 1.6-acre parcel formerly known as the West Pompano Beach Highlands Park from Broward County Conservation 2(C-2) to Deerfield Beach Open Space (S).

4 PLANNING AND ZONING BOARD MINUTES May 2, 2013 Location: The property is described as POMPANO BEACH HIGHLANDS 6th SECTION, located at 511 NE 44th Street. Amanda Martinez, Chief Planner, summarized the application. Planning & Zoning BACKGROUND: This parcel was previously a County park. After annexation, the county turned the park over to the City and has given the City $1,000,000 to build a local community center. However, the County zoning on the property is Conservation 2 which does not allow active recreation. Therefore, the City is rezoning the property to Deerfield Beach s Open Space zoning (S) which does allow active recreation. 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 Recreation Open Space. Active recreation uses and civic buildings are permitted uses in this future land use category. Therefore the application to rezone the parcel to S, open space is incompliance with the City s comprehensive plan. 2. Compliance with the Land Development Code: Parks are a permitted use in the S, open space zoning district. The City s desire to develop this parcel as an active park is in compliance with the City s Land Development Code. SUMMARY: Staff s review of application 13-R-170 has determined that the proposed rezoning is consistent with the goals, objectives and policies of the Future Land Use Element of the Deerfield Beach Comprehensive Plan, and the proposed use is permitted per the Land Development Code. City Landscape Architect This application does not require a landscape review. Engineering Division, Public Works & Environmental Services The Engineering Department has no objections to the proposed rezoning for the above application. Sanitation Division, Public Works & Environmental Services This application is not applicable to Solid Waste/Recycling at this time. 2

5 PLANNING AND ZONING BOARD MINUTES May 2, 2013 Fire/Rescue This application is not applicable to Fire/Rescue until a site plan is submitted for review. Bob Harbin, City of Deerfield Beach, Capital Project's Manager, stated that he retired as Broward County Parks and Recreation Director in He said that they were working on developing the Pompano Beach Highlands Park with the City of Deerfield Beach, through an agreement with Broward County dated January 2013, took over the responsibility and maintenance of the park. The agreement also included a million dollar grant to develop a 2400 square foot community center along with other amenities within the park. He said that an architect was hired to start working on the basic plan and there were a number of infrastructure items built by the County, i.e., parking lot, playground, picnic shelter, a fence, lighting, etc. Mr. Brown noted that this is a simple zoning change. Mr. Harbin replied that is correct. Mr. Drosky pointed out that there is a lack of conservation space in the City and asked if Mr. Harbin is in agreement with turning this space into recreation. He also asked if the residents are in favor of the rezoning. Mr. Harbin replied yes and he spoke with Ginger Alvarez, President of the Tedder Community HOA and they are in favor of the rezoning and have been wanting this for the past 7-8 years. He also said that the former City Manager recommended the County do the project. Mr. Drosky asked if the million dollars has to be returned if the property remains conservation. Mr. Harbin replied that he suspects that and the City has 5 years to complete the project. He said that the monies are allocated for this particular site and project only. Acting Chairman Lavoie invited the public to speak for or against the application. Kathy Maggi, alternate Board member, stated that her brother attended the previous community center that was located on this property in the 60's and asked if it has always been zoned conservation. Mr. Harbin replied that in 1984, there was a small storage building on the property and it was surveyed in order to obtain the correct zoning. However, years later the building was torn down. Mr. Hillman asked if there were zoning regulations in the 60's. Assistant Attorney Cruz replied that it was under Broward County's zoning during that time. She noted that the conservation zoning does not allow for active recreation on the property. She acknowledged that this proposal to rezone will bring the property into conformance with what is there now and allow the community center to be built with the allocated funds. 3

6 PLANNING AND ZONING BOARD MINUTES May 2, 2013 Motion was made by, Mr. Hillman and second by Mr. Drosky and Mr. Brown to close the public hearing. The motion CARRIED unanimously. Motion was made by, Mr. Brown and second by Mr. Bennett to approve Application 13-R-170 in accordance with the Planning Department's comments and regulations. The motion CARRIED unanimously. PUBLIC HEARING APPLICATION - 89-I-42 REVISION 8 Applicant: WILEN DIRECT, represented by Juan Linares Proposal: Site plan modification to expand an existing site plan by 1.02 acres, nullify site plan 89-I-42 Revision 3 and construct a 49,481 square foot addition to an existing 76,258 square foot printing and distribution building for a total of 125,739 square feet. Location: A 5.11 acre parcel described as a portion of Parcel B, MANCHESTER PLAT, together with Lot 1, a portion of Lots 2, 7 and Tract A, Block 8, POWERLINE INDUSTRIAL PARK, together with a portion of Lots 2, 4, 6, 7 and Tract A, all of Lot 3, Block 8, POWERLINE INDUSTRIAL PARK, located at 3333 S.W. 15th Street. Amanda Martinez, Chief Planner, summarized the application. Planning & Zoning BACKGROUND: On May 5, 1989 site plan approval was granted to construct a 55,000 square-foot printing and distribution building. Over the years, the original site plan has been modified and the building expanded to the current floor area of 76,258 square-feet. Site plan 89-I-42 Revision 8 is a request to demolish an adjacent warehouse complex, and construct a 49,481 addition to the existing building. The total floor area for the expanded building would contain 125,739 square feet. The site plan s parcel would be increased to 5.11 acres. COMMENTS AND REQUIREMENTS 1. This site plan meets all dimensional requirements. 2. The Community Appearance Board approved this application on April 10, 2013 with the stipulation that a minimum of three, silver buttonwood trees be added within the buffer along S.W. 34th Avenue to help screen the loading area. 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 Industrial. The Industrial land use category allows publishing/printing as a permitted use. Therefore the application to expand an existing printing 4

7 PLANNING AND ZONING BOARD MINUTES May 2, 2013 and distribution building is in compliance with the Deerfield Beach Comprehensive Plan FLU element. 2. Compliance with the Land Development Code: The parcel is zoned, I industrial, per the Deerfield Beach Land Development Code and official zoning map. Printing, supply and distribution are all permitted uses in the I, industrial zoning district. 3. Compliance with the Conservation Element Wellfield Protection Area Map: Upon review of the City s wellfield protection map, it appears that the application is not located within a Wellfield Zone of influence. However all uses and storage of materials are subject to compliance with Broward County s Wellfield Protection regulations. These requirements should be confirmed by the County s Pollution, Prevention, Remediation and Air Quality Division before a construction permit is applied for. 4. Finding of compatibility of a proposed development with adjacent and neighboring (500 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 (500 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; Printing, supply and distribution are permitted uses in both the Industrial, future land use category and the Land Development Code. It is expected that any activities on site will be in support of these principal uses. (b) Building location, dimensions, height and floor area; The maximum height for a structure in the industrial zoning district is 75 feet. With a two-story building height of approximately 40 feet, the proposed industrial building is well within height limits for the industrial district. The total floor area within the building will consist of 125,789 square feet. This square footage equates to a floor area ratio of The industrial zoning district allows for a 1.0 floor area ratio, or a maximum of 222,415 square feet of floor area on the parcel. The site plan meets all dimensional requirements for the industrial zoning district. (c) Location and extent of parking, access drives and service areas; The existing parking lot is large enough to support the proposed expansion and will not be amended. A new service/loading area will be constructed along Southwest 34th Avenue. This portion of Southwest 34th Avenue serves heavy industrial users including recycling, concrete and tile manufacturers. All truck and loading operations will be performed on site, minimizing potential truck conflicts along Southwest 34th Avenue. (d) Traffic generation, hours of operation, noise levels and outdoor lighting; Since printing and distribution use does not cater to the general public, vehicular traffic generated by the expansion is not expected to significantly increase. Hours of operation and noise levels will be in keeping with the existing facility s operations. All operations will be performed within the building. (e) Alteration of light and air; The proposed two story industrial addition is similar in height and mass with other industrial buildings in the vicinity. Since it is replacing an existing warehouse building, light and air flow patterns to adjacent properties will not be diminish with the construction of the addition. (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 application meets all landscape buffer requirements. There are overhead utility lines running along all three street frontages which limit the type and size of trees allowed in the buffers. The application is providing 16% (35,432 s.f.) of landscape area, rather than the required 15% (33,362 s.f.) as required by Code. (g) Conditions, uses or activities which pose a significant risk to the safety or security to those under 18 years of age using 5

8 PLANNING AND ZONING BOARD MINUTES May 2, 2013 schools, churches, parks, playgrounds or other facilities which cater to those under 18 years of age; There are no schools, churches, parks, playgrounds or other facilities that cater to those less than 18 years of age within 500 feet of this site plan. (h) Outside activities associated with the proposed use which could interfere with the peace and/or tranquility of residences or propose a significant risk to the safety or security of children in public or private schools, day care facilities, churches, parks, playgrounds and other places that cater to children under the age of 18 or places which regularly provide facilities for such children to gather; and The site plan is not proposing any outside activities. All activities are to be located within the building. There are no schools, churches, parks, playgrounds or other facilities that cater to those less than 18 years of age within 500 feet of this site plan. (i) Conditions, uses, or activities which could pose a significant risk to the safety or security of single family residences within 500 feet of the lot the upon which the use will occur. The nearest single family homes are located approximately 1,400 linear feet from the Wilen Press parcel. The expansion of the existing building to the northwest will not pose significant risks to a single family home within 500 feet of the property. SUMMARY: Staff s review of application 89-I-42 Revision 8 has found that the proposed project is consistent with the goals, objectives and policies of the Future Land Use Element of the Deerfield Beach Comprehensive Plan, and the proposed use is permitted per the Land Development Code. City Landscape Architect The landscape plan is approved with the following conditions: 1. Per Section (f) (1) twenty-two (22) trees are required as interior trees, fifteen (15) are provided; add seven (7) additional canopy trees to meet this requirement. 2. Replant continuous perimeter hedge shown on planting plan. 3. Per Section (j) (4), 50% of the trees and palms relative to the building shall be 18 feet overall height and palms 22 feet greywood respectively. New planting that is large canopy tree and palms shall meet or exceed this requirement. 4. Existing palms and large canopy trees on southeast and south and are under existing overhead wire, consider relocating or removing and mitigating with more suitable species.5. One hundred and eight-six (186) caliper inches has been calculated for removal of non-specimen trees on your submitted plan. Per Section (2) (c) the mitigation cost for non-specimen trees is $200 per three inches of caliper. Alternately, plant additional three inch caliper trees to satisfy this mitigation requirement; trees which cannot reasonably be planted on site must be mitigated by paying into the beautification landscape trust fund using the aforementioned mitigation cost. 6. Community Appearance Board to approve plan with the stipulation that a minimum of three (3) additional trees be added for screen in the west buffer. GENERAL LANDSCAPE REQUIREMENTS 1. Tree removal permits are required for all tree removals, to be obtained from the Building Department. 2. Landscape permits are required before any planting occurs. Permits are obtained from the Building Department. 3. 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. 4. Per Section 98-80(s) (6), submit detailed irrigation plans for review and 6

9 PLANNING AND ZONING BOARD MINUTES May 2, 2013 recommendations by the City Landscape Architect prior to applying for a Building permit. Detailed plans shall specify timer location and set-up, irrigation head-to-head coverage and hydro-zone types. The irrigation system shall be designed to have a minimum of 100% coverage. The system must include a rain sensor. 5. All trees adjacent to FP&L powerlines are required to comply with the FP&L Right Tree Right Place guidelines. 6. All swales are required to be sodden with St. Augustine Floratam sod and irrigated by an automatic sprinkler system with 100% coverage. 7. Landscape ordinance specifications on irrigation and installations supersede any notes on the plan. 8. All proposed plant material on site must meet FL #1 standards as stated in Code. 9. 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 Landscape Architect. 11. The completed installation shall be certified by the firm providing the design, per (t). 12. Provide 2 sets of Signed & Sealed as-built plans to Planning and Development Services Department. Engineering Division, Public Works & Environmental Services This site plan is approved by the Engineering Department as submitted. 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 made as required. Responsible developer/contractor must contact Engineering Department at for issuance guidelines. Sanitation Division, Public Works & Environmental Services This site plan has been reviewed by the Solid Waste Operations Division and was found to be acceptable as it relates to collection services and location of garbage/recycling receptacles. If you have any concern pertaining to this matter please feel free to contact John Biedenharn at Fire/Rescue This site plan modification has been denied by Fire/Rescue until the following issues are addressed: 1. Occupant load over 100 in an industrial occupancy shall have an approved fire alarm system (2007 NFPA 72). 2. Industrial occupancy over 15,000 square feet shall have an approved fire sprinkler system (NFPA ). 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-Fire Code, Florida Edition 2010, NFPA 101-Life Safety Code, Florida Edition Juan Linares, Architect, 1600 S. Dixie Highway, stated that he has been working with the Wilen's for quiet sometime to develop this project. He stated that the applicant was able to acquire a vacant parcel adjacent to their building on the northwest corner. He said that this allows the planning to very efficiently square off the existing building and add to the much needed expansion. He also acknowledged that a new landscape plan was submitted to the Planning and Development Services Department early today. He said that they will have to determine if 7

10 PLANNING AND ZONING BOARD MINUTES May 2, 2013 mitigation will be accomplished through plantings or paying the fee. Mr. Brown asked if all of the staff's comments will be adhered to. Mr. Linares replied yes. Acting Chairman Lavoie invited the public to speak for or against the application. No one came forward. Motion was made by, Mr. Bennett and second by Mr. Drosky to close the public hearing. The motion CARRIED unanimously. Mr. Drosky asked for clarification on the type of business that is conducted at the facility. Mr. Linares replied that it is a facility that prints mailer inserts, postcards and magazines on a scale that competes nationally. He added that Wilen's is a very successful company. Mr. Drosky asked if staff has a preference as it relates to mitigating through plantings or paying the fees. Ms. Martinez replied no. Mr. Linares noted that most of the trees that need to be mitigated are located at the rear of the building. Currently, he noted that there is a substantial amount of landscaping on the perimeter buffer and they would increase the landscaping where it makes an aesthetic contribution and anything that is left can be mitigated through payment. Motion was made by, Mr. Drosky and second by, Mr. Brown to approve Application - 89-I-42 Revision 8 including staff s recommendations. The motion CARRIED unanimously. REPORTS STAFF'S REPORT Ms. Martinez advised that there are 3-4 items for next month's agenda. There was no chairman's report. CHAIRMAN'S REPORT MEMBER'S REPORTS Arsenic report for the golf course Mr. Bennett asked if staff has received the arsenic report relative to the golf course. Ms. Martinez replied no, however, the applicant is doing an additional traffic study and will 8

11 PLANNING AND ZONING BOARD MINUTES May 2, 2013 provide the results to staff. Mr. Brown pointed out that the applicant cannot do anything if the site is not cleaned up. ADJOURNMENT There being no further business, motion was made by, Mr. Brown and second by, Mr. Drosky to adjourn. The motion CARRIED unanimously. The meeting was adjourned at 7:20 p.m. Ray Lavoie, Acting Chairman Planning and Zoning Board 9

12 PLANNING AND ZONING BOARD CITY OF DEERFIELD BEACH, FLORIDA June 6, 2013 MINUTES OF A MEETING A regular meeting of the Planning and Zoning Board of the City of Deerfield Beach, a municipal corporation of Florida, was called to order on the above date at 7:00 p.m. in the City Commission Chambers by Todd Drosky, Chairman. Roll Call showed: CALL TO ORDER AND ROLL CALL Present: Todd Drosky, Chairman Brian Bennett John Hillman Clayton Thomas Charles Laser, Alternate Kathy Maggi, Alternate Also Present: Jerry Ferguson, Director of Planning and Development Services Amanda Martinez, Chief Planner Sharon Cruz, Assistant City Attorney Vernadette Fuller, Minutes Secretary Absent: Ray Lavoie, Vice Chairman Brett Roy, Alternate Chairman Drosky welcomed new members Clayton Thomas and Charles Laser. He also acknowledged that Commissioner Richard Rosenzweig from District 3 was present at the meeting. SEATING OF ALTERNATE Ms. Maggie was seated to serve at tonight's meeting. APPROVAL OF MINUTES OF PREVIOUS BOARD MEETING NONE OLD BUSINESS NONE NEW BUSINESS

13 PLANNING AND ZONING BOARD MINUTES June 6, 2013 PUBLIC HEARING APPLICATION 13-R-169 Applicant: DIXIE CENTERS, LLC, represented by Henri Hage Proposal: To rezone a 6.08-acre parcel from Dixie Business Residential (DBR) to Residence Multi-family (RM-25). Location: The property is described as Tracts A,B,C and D of PLAZA CENTERS, together with a portion of the N 1/2 of the S 1/2 of the NE 1/4 of Section 12, Township 48 South, Range 42 East, more particularly described in the file, located at 1405, 1455, 1499 S. Dixie Highway and 330, 331 S.W. 14th Place. Jerry Ferguson, Director of Planning and Development Services summarized the application. Planning & Zoning BACKGROUND: In 2003, the subject parcels were rezoned from RM-10 (residence, multifamily) and B-1 (business, community); to DBR (Dixie Business/Residential) district. This district was created to encourage commercial and mixed-use property development along Dixie Highway. Utilizing the Broward County rules of flexibility, application 13-R-169 is a request to rezone the parcels from DBR (Dixie Business/Residential district) to RM-25 (multi-family residential) for the stated purpose of developing an affordable housing project. The underlying land use on 2.4 acres of the subject property is Residential, moderate (10 dwelling units per acre). The land use designation on the remaining 3.68 acres is commercial. The applicant is requesting, through the application of the rules of flexibility, a rezoning which would allow residential use on the entire property. And, though utilization of the affordable housing density bonus provisions, develop an affordable housing project of 232 dwelling units resulting in an overall density of 39 dwelling units per acre. PLANNING CONSIDERATIONS: 1. The Broward County rules of flexibility allow the density on a parcel to exceed the local land use plan and the Broward County land use plan through the allocation of flex and reserve units. The parcels are located in Flex Zone 10. Flex Zone 10 includes the area defined by Southwest 10 Street to the north, Dixie Highway to the east, Sample Road to the south and Interstate I-95 to the west. It currently has 92 flex and 33 reserve units (total-125) available for this purpose. Parcels to RM-25 would require that all 125 units be allocated to the parcels, leaving zero units available for future applications in Flex Zone 10. Article 8 of the Broward County Administrative Rules provides for an affordable housing density bonus depending on the level of affordability (very low, low, and moderate income). Flex units may be transferred from other flex zones if they will be restricted for affordable housing. The applicant is requesting that 83 flex units be transferred from another flex zone, (as determined by the City) and allocated to the parcels for a total of 232 units. 2. The affordable housing density bonus provision further requires that when flex units are transferred from other Flex Zones, those dwelling units must be restricted to affordable housing for at least 30 years. Therefore, if approved, there must be restrictive covenants guaranteeing that the affordability of the 83 bonus units for at least 30 years. 3. A portion of the subject property is 2

14 PLANNING AND ZONING BOARD MINUTES June 6, 2013 unplatted. Because of the use change and the use of flex and affordable density bonuses, a new plat is necessary. Approval of the rezoning should not be effective until the plat is approved. 4. Per Section (15), there must be a finding of compatibility as defined in the Land Development Regulations between the adjacent and neighboring uses (500 feet) and the proposed development. While not required, a site plan has not been submitted in conjunction with the rezoning application. The adjacent single family neighborhood to the west has a density of five dwelling units per acre and a maximum height of 35 feet. To construct an adjacent housing project with a density of 39 dwelling units per acre and a maximum height of 55 feet appears to be incompatible without the knowledge of the project s development characteristics. Accessing the conditions of compatibility between land uses requires an analysis of how the proposed development treats dimensional requirements, handles traffic generation, provides buffers and successfully integrates and enhances the local community. A sole rezoning application does not allow for a compatibility analysis to be performed for this application. SUMMARY: Staff s review of application 13-R-169 finds that the development of a 232-unit housing project on residential moderate and commercial land use is a major departure from the intended future land use categories. To determine the project s compatibility with the single family neighborhood to the west and commercial development along Dixie Highway more information about the project s development characteristics is required. While flex and reserve units may be used to increase density, increasing density above the City s highest land use category of 25 dwelling units per acre would be a major departure from existing residential development. City Landscape Architect This application does not require a landscape review. Engineering Division, Public Works & Environmental Services The Engineering Department has no objections to the proposed rezoning for the above application. Sanitation Division, Public Works & Environmental Services This application is not applicable to Solid Waste/Recycling at this time. Fire/Rescue This application is not applicable to Fire/Rescue until a site plan is submitted for review. Chairman Drosky asked if all 232 flex units are deed restricted or just the 83. Mr. Ferguson replied that the 83 flex units are deed restricted for 30 years, the other 149 units do not have to be deed restricted. He also said that the City can impose other restrictions. 3

15 PLANNING AND ZONING BOARD MINUTES June 6, 2013 Chairman Drosky asked if the other options are included in the application. Mr. Ferguson replied no. Chairman Drosky pointed out that if the 83 flex units are used none will be left in zone 10 and future applications cannot be considered. He asked if there are any other applications under consideration for zone 10 at this time. Mr. Ferguson replied that is correct and said that there are no applications at this time. He said that the Dixie Highway corridor from Hillsboro Boulevard to 15th Street is eligible for residential units under the DBR zoning. He noted that once the flex units are gone, it will be designated as commercial. Chairman Drosky asked if the City is comfortable using all of the flex units for zone 10. Mr. Ferguson replied no and the application of flex units is entirely discretionary and the City can has the right to determine if they want to allocate this number of units. He added that if there is another affordable housing project, they can bring flex units in from other areas in the City. Attorney Dennis Mele, 100 West Cypress Creek Road, Fort Lauderdale, representing the applicant, advised that Broward County changed the rules a few years ago which would allow the whole City to be designated as a flex zone. He said that a few cities in Broward County have done this, however, a study has to be done and approved by Broward County. He added that once the flex units are depleted in a zone, you can build an affordable housing development or a special residential facility and this would allow the units to be moved from one zone to another. He commented that compatibility needs to be determined and a site plan application has to be submitted. He said that this proposal includes a 55-foot, 5-story building and it meets the setbacks and other requirements for an RM-25 location. He acknowledged that staff has listed a condition in their report which states that if the rezoning moves forward, it will not be effective until the plat is approved. He suggested that a similar condition be included for the site plan as well and said that this residential use fits well within the mixed use program. Chairman Drosky asked if the applicant will comply will staff's comments and what is their response to using all of the flex units in zone 10. He also asked if the applicant has considered scaling down their project and not using all of the flex units. Attorney Mele responded that the project could be scaled down or they can make more of the units affordable and the flex units can be used from other zones. He reiterated that the entire City can be one flex unit and this allows more flexibility. Mr. Hillman stated that this is a lucrative business move and asked if there is another reason that the applicant is applying for the highest density. Attorney Mele replied that a limited amount of affordable housing has been built in this area and in order to do this, they need a certain number of units to make it work. 4

16 PLANNING AND ZONING BOARD MINUTES June 6, 2013 Mr. Thomas asked if 83 of the 232 units will be affordable. Attorney Mele replied yes and noted that Broward County normally asks that 15% of the housing be affordable and they are exceeding that number. Chairman Drosky invited the public to speak for or against the application. Corrine Beauchamp, 1471 S.W. 4th Terrace, stated that she has lived in the City for 35 years and 90% of the affordable housing projects that were built are still vacant. She said that is not a good project for the City and she doesn't want the property rezoned. She also acknowledged only receiving a public notice for one of her properties. Mr. Ferguson replied that they are required to send direct mail notices to everyone within a 300- foot radius. He noted that 129 letters were mailed, 3 were returned undeliverable and no objection or approval letters were received. Paul Kniecik, 481 S.W. 15th Street, stated that he did not receive a notice either and he is against the application. He asked what is considered affordable housing and if there is a demand for more when some are available already. He also noted that the project is off Dixie Highway and the speed limit is pretty fast which might impact children that would live in the area. Marvin Swain, 401 S.W. 14th Place, stated that he objects to this project and they have 2 young children. He said that this is not a good idea and there are existing affordable housing units that are vacant. He added that security is a problem and these types of units attract people who don't pay taxes, work or maintain their properties. He said that he has no problem bringing in new businesses or single family homes that will help the economy. If this is approved, he said that they will sell their home and move out of the City. He stated that the applicant and developers do not live in the area and the residents have to deal with the situation. Eunice Swain, 401 S.W. 14th Place, agreed with her husband's comments and said that bringing in another 232 units will crowd the area and add to the existing problems. She said that the development may look nice in the beginning and acknowledged that there are empty single family homes in the area already. Mr. Hillman asked if City staff can send public notices to those that extend beyond the 300 feet requirement. Mr. Ferguson replied, yes, however, the notices are posted on the City's website, people spread the word and those within the 300 foot radius are notified by mail. Mr. Swain acknowledged notifying the City relative to the upkeep of the property several times. He said that people are dumping on the property and this is an eyesore. He has contacted City and County staff regarding the mountain of tires on the lot and he has been speaking with Mr. Patrick in Code Enforcement. He said that mosquitoes are attracted to the dumping pile. Motion was made by, Mr. Hillman and second by Mr. Thomas to close the public hearing. The 5

17 PLANNING AND ZONING BOARD MINUTES June 6, 2013 motion CARRIED unanimously. Chairman Drosky pointed out that the City Commission has the final say and the Planning and Zoning Board members serve in an advisory capacity. Attorney Mele pointed out that the development will be rental units and a one-bedroom will be rented for $800-$1100, 2-bedrooms, $1000-$1300 and 3-bedrooms $1100-$1500 per the Affordable Housing Guidelines for Broward County. Although only 83 units will be regarded as affordable housing, he commented that all of the units will be rented within the price range previously listed. Secondly, he said that the zoning business district on Dixie Highway allows for business and residential uses and for them to be located close to the road. He said that they are not proposing Section 8 for the homes. However, he recommends deferring the matter giving them time to meet with the residents and so they can work on some of the issues that have been voiced. Chairman Drosky asked how long the property has been vacant. Henri Hage, owner, replied that they've been in possession of the property since 2001 and it has been vacant since that time Mr. Hillman noted that one of the renderings indicated that the access to Dixie Highway off 14th Street will be closed. Attorney Mele replied that the intention was to re-route it not close it. He added that this has to be reviewed with the Fire and Engineering Departments. Mr. Bennett asked if the owner has tried to bring in new business under the current zoning. Mr. Hage replied yes. Mr. Hillman asked if any site plans have been submitted to the City since Mr. Hage replied yes and one of the proposals included a shopping center that would have parking located in the back of the building. He said that this proposal along with one for mix-use did not work in this location. Chairman Drosky asked if the proposals were denied by the Planning and Zoning Board or the City Commission. Jerry Ferguson, Director of Planning and Development Services, replied that the applications were not submitted, however, the applicant met with City staff. Mr. Hage pointed out that they paid the funds and the site plan was rejected in He said that they had 30 meetings with individuals relative to the property, but to no avail. Attorney Mele noted that originally, the properties were zoned commercial in the front and 6

18 PLANNING AND ZONING BOARD MINUTES June 6, 2013 residential in the back. Ms. Maggie stated that none of the parcels have ever been developed and acknowledged that there is a dollar store north of 14th Street. She said that the owner should be able to find something to put on the site that is compatible with what's currently in the area. Mr. Hage said that they tried retail proposals when they first purchased the property. He said that they have explored many avenues and the original zoning was B-1 and the current DBR (mixed use) does not work in this area. Mike Swade, 6684 Giralda Circle, Boca Raton, stated that he worked in Deerfield Beach for 5 years and has been a neighbor as well. He said that the low income rental properties will be good for the neighborhood and they need to work with the residents. Mr. Thomas said that he is prepared to vote tonight. Chairman Drosky disagreed and said that he would prefer to have the applicant meet with the residents and discuss the concerns and issues that were raised. Charles Laser, Alternate member, stated that he has seen many of the affordable housing projects and the Board members should respect Mr. Swain's comments. Mr. Ferguson advised that if the application is deferred to a date certain, staff does not have to readvertise the item. Mr. Hillman pointed out that the applicant has owned the property since 2001 and if this one is not approved, they can submit a new one. Mr. Bennett commented that the facts relating to the application are not going to change, but meeting with the residents might make a few people feel better. He added that he sees no reason to defer the application. Mr. Thomas asked if the property is currently zoned RM-10 and if the applicant is requesting RM-25. Mr. Ferguson replied yes and the affordable housing designation allows 39 units per acre. He also noted that the Land Use on the western portion of the property is zoned residential allowing 10 units per acre. He said that 24 units are allocated for the property now and the application does not move forward to the City Commission until the Board makes a recommendation. Chairman Drosky passed the gavel to Ms. Maggie. Motion was made by, Ms. Maggie and second by, Mr. Drosky to DEFER Application 13-R-169. The motion FAILED 2-3. Mr. Bennett, Mr. Hillman and Mr. Thomas voted NAY. 7

19 PLANNING AND ZONING BOARD MINUTES June 6, 2013 Motion was made by, Mr. Thomas and second by, Mr. Bennett to DENY Application 13-R-169. The motion PASSED 3-2. Chairman Drosky and Ms. Maggie voted NAY. Ms. Maggie passed the gavel back to Mr. Drosky PUBLIC HEARING - APPLICATION 13-D1c-02 Applicant: RUSS KUSSACK Proposal: To construct 14, one-family detached dwelling units totaling 19,408 square feet (12 units at 1,343 square feet and 2 units at 1,646 square feet). Location: A 2.17-acre parcel described as a portion of Lot 1, Block 3 of the SPRING LAKE SUBDIVISION, located at N.W. 1st Terrace. Amanda Martinez, Chief Planner, summarized the application and stated that 2 s in opposition were received and provided to the Board members. Planning & Zoning BACKGROUND: In 2004, the subject parcel was annexed into the City of Deerfield Beach as a platted, D-1 special one-family subdivision for the construction of 16 single-family homes. Property owners in the D- 1 zoning district own the land directly underneath their homes with an interest in the common association property. In 2007 site plan 07-D1c-01 was approved to construct 14 homes on the parcel. However, the homes were never built and the approval for the site plan expired on January 2, Site plan application 13-D1c-02 is a request to construct the 14 single-family homes as previously submitted. COMMENTS AND REQUIREMENTS 1. Per Section (d) of the Broward County Zoning Code, each D-1 project shall have space designated for recreational purposes for the use of the occupants. The recreational space shall have a minimum of 10,000 sq. ft. There is no recreational area designated on the site plan. Designate a recreational area of at least 10,000 sq. ft. to meet Code. 2. The site plan shows a total lot coverage of 17,714 sq. ft. The garages must be included in the lot coverage calculations. When the garages are added, the total lot coverage is 19,408 sq. ft. Revise the calculations on the site plan to reflect the correct lot coverage. 3. Per Section (f) of the Broward County Zoning Code, after recording of the original subdivision plat, no area occupied by a D-1 project shall be further subdivided into lots by a subdivision plat or be further subdivided into lots by metes or bounds description. The plat for this property has already been recorded, therefore, this project cannot be further subdivided in the future. 4. Per Section (g) of the Broward County Zoning Code, no building permit shall be issued for the building of any part of a D-1 project until instruments have been placed upon the public records of Broward County providing that all areas subject to common ownership and all recreational areas shall be maintained by a membership corporation. A certified copy of such instruments shall be attached to the first application for a building permit and therefore reference to the official records book and pages where such documents are recorded shall be affixed to each subsequent application for a building 8

20 PLANNING AND ZONING BOARD MINUTES June 6, 2013 permit in the same D-1 project. 5. The Community Appearance Board approved this application on May 15, 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 Residential Irregular (7 du/gross acre). The Residential land use category allows single family homes as a permitted use and the parcel is large enough to allow a density of 16 dwelling units. Therefore the application to construct 14 single family homes on platted home sites is in compliance with the Deerfield Beach Comprehensive Plan FLU element. 2. Compliance with the Land Development Code: The parcel is zoned, D-1c Special One-Family district, per the Broward County Zoning Code and official zoning map. One family dwellings units each in a separate structure and detached from other structures are a permitted use in the D-1c zoning district. 3. Compliance with the Conservation Element Wellfield Protection Area Map: Upon review of the City s wellfield protection map, it appears that the application is not located within a Wellfield Zone of influence. However all uses and storage of materials are subject to compliance with Broward County s Wellfield Protection regulations. These requirements should be confirmed by the County s Pollution, Prevention, Remediation and Air Quality Division before a construction permit is applied for. 4. Finding of compatibility of a proposed development with adjacent and neighboring (500 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 (500 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; Single family dwelling units are a permitted use in the Special One-family D-1 District per the Broward County Zoning Code. It is expected that any activity on site will be in support of the principal use. (b) Building location, dimensions, height and floor area; The maximum height for a structure in the D-1c zoning district is two stories or 30 feet in height. The proposed two-story dwelling units have a building height of approximately 20 feet, well within height limits for the zoning district. The total lot coverage of all dwelling units will consist of 18,738 square feet. This square footage equates to a lot coverage ratio of 20 percent. The D-1c zoning district allows for 35 percent lot coverage, or a maximum of 33,083 square feet of covered area on the parcel. (c) Location and extent of parking, access drives and service areas; The access to the homes will be from Northwest 1st terrace. Each home will have a garage parking space and a parking space behind the garage in an individual May 29, 2013 Page 4 of 6 Application 13-D1c-02driveway. Because the garage contains a required parking space, it may not be converted to another use without first constructing an additional parking space. (d) Traffic generation, hours of operation, noise levels and outdoor lighting; The proposed 14 homes are in keeping with the size and housing type in the neighboring developments. Interstate I-95 is adjacent to the property s east property line. It is not expected that noise generated from the single family homes will be louder than the noise generated from the interstate. Outdoor lighting will be in keeping with the 9

21 PLANNING AND ZONING BOARD MINUTES June 6, 2013 residential use. (e) Alteration of light and air; The proposed one and two story homes are similar in height and mass with other residential buildings in the vicinity. Due to the odd shape of the lot, certain areas of the site will only be landscaped with no structures. Existing light and air patterns should not be impacted with the construction of the 14 homes. (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 application meets all landscape buffer requirements. The D-1c zoning district requires 10,000 square feet of the parcel be designated for recreational purposes. The proposed tot lot and grassed open area to the rear of the homes meets this Code requirement. (g) Conditions, uses or activities which pose a significant risk to the safety or security to those under 18 years of age using schools, churches, parks, playgrounds or other facilities which cater to those under 18 years of age; There are no schools, parks, playgrounds or other facilities that cater to those less than 18 years of age within 500 feet of this site plan. A church is located approximately 325 feet from the parcel; however it is located across I-95 on Northeast 44 Street. With the I-95 separation, this church will not be impacted with the construction of this application. (h) Outside activities associated with the proposed use which could interfere with the peace and/or tranquility of residences or propose a significant risk to the safety or security of children in public or private schools, day care facilities, churches, parks, playgrounds and other places that cater to children under the age of 18 or places which regularly provide facilities for such children to gather; and Except for a required outside recreation area, the site plan is not proposing any other outside activity. There are no schools, parks, playgrounds or other facilities that cater to those less than 18 years of age within 500 feet of this site plan. (i) Conditions, uses, or activities which could pose a significant risk to the safety or security of single family residences within 500 feet of the lot upon which the use will occur. The surrounding Springs Lakes Villa condominium is also zoned D-1c and constructed similar to the proposed application. Since the residential use, building size, layout and density of the proposed project is compatible with the existing neighborhood; the proposed application use will not pose significant risks to the existing single family homes within 500 feet of the property. SUMMARY: Staff s review of application 13-D1c-02 has found that the proposed project is consistent with the goals, objectives and policies of the Future Land Use Element of the Deerfield Beach Comprehensive Plan, and the proposed use is permitted per the Land Development Code. City Landscape Architect The landscape plan is approved with the following conditions: 1. Per Sec (s) of the Broward County code no more than 50% of the landscape area shall be turf grass, more than 50% is shown on the plan. Add additional shrub or groundcover to meet or exceed this requirement; 2. Per Sec (c) of the Broward County code, trees are to be located no closer than twelve (12) feet from Street lights, palms no closer than seven (7) feet. Show locations of street lighting on the landscape plan. 3. Per Sec (h) of the Broward County code add root barrier for Oaks shown on the swale. 4. Per Sec (b) of the Broward County code, submit an irrigation plan for review. 5. Several trees in good condition are shown to be removed; mitigate all other trees and palms based on Section of the Broward County Code and show calculations on the plan. A tree removal permit is to be obtained from the City before any trees are removed; 6. Check quantities on the landscape Plans. Eleven (11) Coccoloba diversifolia are shown on the plant list but only 9 are shown on the plan. 10

22 PLANNING AND ZONING BOARD MINUTES June 6, 2013 GENERAL LANDSCAPE REQUIREMENTS 1. Tree removal permits are required for all tree removals, to be obtained from the Building Department. 2. Landscape permits are required before any planting occurs. Permits are obtained from the Building Department. 3. 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. 4. Per Section 98-80(s) (6), submit detailed irrigation plans for review and recommendations by the City Landscape Architect prior to applying for a Building permit. Detailed plans shall specify timer location and set-up, irrigation head-to-head coverage and hydro-zone types. The irrigation system shall be designed to have a minimum of 100% coverage. The system must include a rain sensor. 5. All trees adjacent to FP&L powerlines are required to comply with the FP&L Right Tree Right Place guidelines. 6. All swales are required to be sodden with St. Augustine Floratam sod and irrigated by an automatic sprinkler system with 100% coverage. 7. Landscape ordinance specifications on irrigation and installations supersede any notes on the plan. 8. All proposed plant material on site must meet FL #1 standards as stated in Code. 9. 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 Landscape Architect. 11. The completed installation shall be certified by the firm providing the design, per (t). 12. Provide 2 sets of Signed & Sealed as-built plans to Planning and Development Services Department. Engineering Division, Public Works & Environmental Services This site plan has been reviewed by the Solid Waste Operations Division and was found to be acceptable as it relates to collection services and location of garbage/recycling receptacles. If you have any concern pertaining to this matter, please feel free to contact John Biedenharn at Fire/Rescue 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-Fire Code, Florida Edition 2010, NFPA 101-Life Safety Code, Florida Edition Russ Kussack, applicant, advised that this proposal was originally submitted in 2007 by another developer and approved by the City Commission, Planning and Zoning and Community Appearance Boards. Unfortunately, he said that the economy did not lend itself to developing the project and they decided to move forward with the exact same proposal. He said that everything is the same except for the landscape plan. Mr. Bennett asked if the applicant received the ed that was passed out to the Board members. Mr. Kussack replied yes, he met with the homeowners association members last week and 11

23 PLANNING AND ZONING BOARD MINUTES June 6, 2013 explained to them that he is sensitive to their needs. He said that some of the issues would have to be resolved by the County or City and he is not in a position, as a developer, to accommodate some of the items. Mr. Bennett asked if Mr. Kussack has met with the engineering department as it relates to overloading the water and sewer lines. Mr. Hill pointed out that when the developer applies for an engineering permit, they will be notified as to whether or not they will have to upgrade the lines in order to obtain their permit. Mr. Ferguson agreed with Mr. Hillman's comment and said that the development is based on the capacity of treatment not the lines in the area. He added that the site plan was approved in 2007, however, no building permits were obtained. He noted that there is sufficient capacity in the treatment facility and this area is serviced by Broward County. Mr. Hillman asked Mr. Kussack if he has concerns about the color scheme issue that is addressed in the . Mr. Kussack replied that he has no objection to changing the color scheme. Mr. Bennett acknowledged visiting the site and said that parking is an issue and people will park on the street. He said that the parking can be adjusted to some degree. Mr. Kussack explained that this development isn't different from any other single family home and if someone has a party, people will park illegally. The homeowner's association has authority over this situation, if it is consistent, and acknowledged that he is complying with the Code. Mr. Bennett asked how many parking spaces are located at each home. Mr. Kussack replied 2. Ms. Maggie made reference to Section 4c parking space behind the garage. Mr. Kussack noted that is a typo and is not accurate. He met with staff last Friday relative to this issue. Ms. Maggie also acknowledged visiting the site and noticed the no parking on the pavement signs. Mr. Kussack noted that the driveway accommodates one vehicle. Mr. Hillman said that the people who purchase the homes will know what they are getting themselves into. In response to Ms. Maggie, Mr. Kussack replied that there is a pattern of 5 color scheme and they 12

24 PLANNING AND ZONING BOARD MINUTES June 6, 2013 will not paint the homes next to each other the same color. Ms. Maggie asked if a tot park or recreation area is included in the proposal and if the developer is concerned that there are holes in the wall that separates I-95. Mr. Kussack replied they are proposing a 10,000-acre recreation facility per the Code and if it is a requirement to put in the tot area, they will do it. He added that the vent hole is there for an engineering purpose and he is not concerned about it. Chairman Drosky invited the public to speak for or against the application. Cheryll Sepulveda, 4321 NW 1st Terrace, President of the Springhill Lake Villas Section Condominiums and Recreation Association of the Springhill Lake, stated that the previous developer tried to work with the residents as it relates to the parking issue. She noted that she orchestrated a petition drive to have the vacant house removed and the previous developer was willing to do that as well. She has lived in the area for 21 years and they've seen the sandy area by the highway be changed to a nice grassy tree lined street. Currently, she said that people like to ride their bicycles and walk up and down the street. She added that the resident's voices should be heard in regard to this application. She presented a petition with signatures and said that they have issues due to the small garage entrances and the parking. She pointed out that Ms. Stevens, Chief Planner, has informed them that they will not be able to do anything about the garages because of the way the property was platted. She said that the residents are requesting that the number of houses being built be decreased because this project will put a heavy load on the current sewer lines that are not scheduled to be repaired until She also noted that there are sink holes developing from the numerous repairs. One is located at the corner of NW 42nd Court and 1st Terrace and the other one is located at the northern end of the street. She said that the residents suggested that Mr. Kussack talk with the Broward County staff regarding replacing the sewer lines. She stated that after the hurricane, there was sewage bubbling up from the manholes and the sewage would run into the lake behind their homes. As it relates to the trees, she said that they are willing to help in accommodating with the relocation of the trees. Lastly, she noted that a park like setting would be nice on the northern end where the 2-story building is located. She acknowledged that they were able to collect enough monies to paint their homes without assessing the homeowners. Deborah Hartz, 160 NW 42nd Court, Spring Lake Villas, stated that the sink hole is in front of her home. She has called City staff regarding the water and sewer break problems in the area and she has been held captive in her home because of the large holes. She added that the City records will show the number of times the holes have been patched. She has lived in the City for 12 years and many things have changed and said that the Board members have to be the resident's champion. She said that the people love the area and their homes, but they are being treated as a red headed step child. She said that there are too many people being shoved into the area and they met with City representatives and asked that a passive park be installed. She said that they would prefer single-family - one-story homes. Ruth Gratz, 251 NW 42nd Court, stated that she attended the 2007 meeting and is still opposed to this development. She did not receive a letter notifying her of the meeting, but she is still 13

25 PLANNING AND ZONING BOARD MINUTES June 6, 2013 concerned about their clubhouse and pool. For over 20 years, she stated that they have fought to have a private pool and they have spent thousands of dollars to repair the pool and clubhouse after they have been vandalized. She feels that they will have the same problems with the residents of the new development. She said that it doesn't make sense to build new houses when there are thousands of empty homes in the City. She added that the water and sewer lines are old and have been repaired many times. She noted that the top of the 2-story house will be seen from I-95 and will be a big distraction and will not increase the value of their homes. Lastly, she said that the proposed garages are too small and there will be several families living in one home. Paul Kensler, 201 NW 42nd Court, stated that he could not flush his toilet or take a shower for 2-3 days. He said that they had to boil their water, the parking is a nightmare and guest parking is needed. He stated that people cut through their area and NW 42nd Court on the west side of 3rd Court is used by parents to get their children to school. He acknowledged that speeding takes place in the area and asked the Board members to take time out to see what is going on. He noted that this development is not a good idea. Mr. Hillmans pointed out that the homeowner's association can hire an outside consultant to do traffic a study to determine if speed humps are necessary. Mr. Kensler replied that they pay taxes and should not have to pay for a traffic study and he is concerned about the children and their safety. He also acknowledged that there are vacant homes in their community that can be repaired and sold. Motion was made by Mr. Hillman and second Mr. Thomas to close the public hearing. The motion CARRIED unanimously. Mr. Kussack stated that he discussed tearing down the vacant home with the homeowner's association, a 5-foot side walk will be installed the entire length of the development, the sewer issue will addressed in the future, they will re-transplant the trees that can be saved and for those that cannot be saved, they will defer this matter to the experts. The wall will be screened with landscape and improving the area and they will try to accommodate the residents. He reiterated that they do not have a problem designating a portion of the 10,000 square feet for a park. Chairman Drosky asked if the applicant will adhere to all of the staff's comments. Mr. Kussack replied yes. Motion was made by, Mr. Bennett and second by Ms. Maggi to approve Application 13-D1c-02 in accordance with the Planning Department's comments and regulations. The motion CARRIED unanimously. PUBLIC HEARING LAND DEVELOPMENT CODE AMENDMENT Applicant: CITY OF DEERFIELD BEACH Proposal: Amending various sections of the Land Development Code relating to: the definitions of alcoholic beverage establishment, dry cleaning and pressing drop off and pickup, dry cleaning plant, and medical treatment facility; the permitted 14

26 PLANNING AND ZONING BOARD MINUTES June 6, 2013 and conditional uses in various business zoning districts; and off-street parking requirements. Mr. Ferguson advised that this item has been deferred. PUBLIC HEARING LAND DEVELOPMENT CODE AMENDMENT Applicant: CITY OF DEERFIELD BEACH Proposal: Amending Section of the Land Development Code (allowing certain temporary signs) to delete all provisions related to human signs. SUMMARY BACKGROUND/EXPLANATION Upon consideration of the recently-passed ordinance on temporary signs, the City Attorney proposes the human sign portion be relocated from the sign code section of the Land Development Code to the nuisance abatement section of the City Code. REQUESTED ACTION: Recommendation to the City Commission on the proposed ordinance. Jerry Ferguson, Director of Planning and Development Services, advised that the proposed Ordinance will move the regulations from the Land Development Code to the City's Code. Chairman Drosky asked if there has been resistance to the human signs. Assistant City Cruz replied that it is more beneficial and easier to enforce when it is a part of the sign code. Mr. Ferguson agreed and said that the nuisance abatement ordinance is stronger than the normal enforcement that would apply to the sign code. Chairman Drosky invited the public to speak for or against the application. No one came forward. Motion was made by Mr. Hillman and second Mr. Thomas to close the public hearing. The motion CARRIED unanimously. Motion was made by, Mr. Hillman and second by Mr. Thomas to approve the Land Development Code Amendment. The motion CARRIED unanimously. REPORTS New Assistant City Attorney Assistant City Attorney Cruz stated that she is retiring in January and introduced Attorney Jeff Siniawsky who will take her place on the Board. 15

27 PLANNING AND ZONING BOARD MINUTES June 6, 2013 STAFF'S REPORT NONE CHAIRMAN'S REPORT Chairman Drosky noted that the next meeting is scheduled for July 11, MEMBER'S REPORTS Public notification Ms. Maggie made reference to the public notification requirement to send letters to residents wit hin 300 feet of the proposed development. Mr. Ferguson said that the requirement can be changed and it is one of the things staff is reviewin g as well as other ways to notify the public, i.e. posting the sign on the property. He acknowledge d that the notices are posted on the City's website and E-blast. ADJOURNMENT There being no further business, motion was made by, Mr. Bennett and second by, Mr. Hillman and Mr. Thomas to adjourn. The motion CARRIED unanimously. The meeting was adjourned at 9:00 p.m. Todd Drosky, Chairman Planning and Zoning Board 16

28 DEERFIELD BEACH Agenda Item #1 PLANNING & ZONING BOARD Thursday, July 11, 2013 APPLICATION 13-B2-118 Applicant: DEERFIELD FLORIDA HOUSE, LLC, represented by Scott Backman Proposal: Site plan modification to change the use from restaurant to substance abuse treatment facility and add 10,462 square feet to the existing 12,300 square-foot building, for a total of 22,762 square feet. Location: The property is a 1.83 acre parcel described as Parcels B, C, and D, BARWAL PLAT, located at 500 S. Federal Highway. SUMMARY BACKGROUND/EXPLANATION Since 1981, the existing building located at 500 South Federal Highway has been operating as the Books Restaurant. Site plan 13-B2-118 is a request to renovate the existing building, and construct 10,462 square-feet of patient room additions for the development of a 60-bed substance abuse treatment facility. The total floor area for the expanded building would contain 22,762 square feet. Specifically, this will be a detoxification facility which the applicant states will be just like the new one adjacent to the south, only bigger. REQUESTED ACTION: Recommendation to the City Commission on the proposed site plan application. ATTACHMENT: Notification letter and map Staff Development Review Report

29 PUBLIC NOTICE APPLICATION 13-B2-118 Dear Property Owner: June 28, 2013 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: DEERFIELD FLORIDA HOUSE, LLC, represented by Scott Backman Site plan modification to change the use from restaurant to substance abuse treatment facility and add 10,462 square feet to the existing 12,300 square-foot building, for a total of 22,762 square feet. The property is described as a 1.83 acre parcel described as Parcels B, C, and D, BARWAL PLAT, located at 500 S. Federal Highway. A public hearing will be held on THURSDAY, JULY 11, 2013, 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

30 ) 2 PARCEL 1 PARCEL HR-II, LTD PLAT OLD FLORIDA BUNGALOWS SHOPPING CENTER CAMPBELL CORNER TRACT A SE 4 CT S F E D E R A L H W Y SE 4 CT Public Notification Boundary SE 4 CT BARWAL ) 1 ) 2 SE 4 CT ) 1 SEILER TWO PARCEL A SE 5 ST SE 5 ST E 5 CT ) 6 Subject Property PARCEL A. HILLSBOROUGH EAST PLAT SE 5 CT S F E D E R A L H W Y BUJALSKI, ) 6 SE 5 CT ) 7 SE 6 ST BARWAL 4TH SEC BARWAL 3RD SEC Public Hearing Notice Map Site Plan Application 13-B South Federal Highway ) 3 ) 2 ) 4 BARWAL 2N SE 5 CT ) 8 ) 5 SE 6 ST ) ) 1 2 SE 10 AVE AVESE 10 AVE SE Feet For additional information Call the Planning Department at

31 Development Review Committee Summary Report Development Plan Application Review General Information Application No. 13-B2-118 Applicant: Deerfield Florida House, LLC Agent: Scott Backman Requested Action/Description: Site plan modification to change the use from restaurant to substance abuse treatment facility and add 10,462 square feet to the existing 12,300 square-foot building, for a total of 22,762 square feet. Location: 500 South Federal Highway Legal Description: Parcels B, C, and D of the BARWAL plat. Size: 1.83-acres Existing Zoning: B2 Existing Land Use: Vacant Restaurant Building Future Land Use Plan Designation: Commercial July 3, 2013 Page 1 of 7 Application 13-B2-118

32 Surrounding Land Use and Zoning: Existing Land Use Zoning North: Office Building B-2 East: Residential, Single Family RS-5 South: Detox Center B-2 West: Commercial B-2/RM-25 Retail/Residential, Multi-Family Applicable Regulations: Plat Restrictions: Deerfield Beach Land Development Code None Department Comments & Requirements Planning & Zoning BACKGROUND: Since 1981, the existing building located at 500 South Federal Highway has been operating as the Books Restaurant. Site plan 13-B2-118 is a request to renovate the existing building, and construct 10,462 square-feet of patient room additions for the development of a 60-bed substance abuse treatment facility. The total floor area for the expanded building would contain 22,762 square feet. COMMENTS AND REQUIREMENTS 1. Per Section 98-77(1)(a), commercial walls and fences must be setback 5 feet from the front property line. A fence is shown on the plan, however, the setback dimension is not given. Revise the plan to show the setback. 2. The required minimum width for a 2-way drive aisle is 23 feet. The site plan shows 23 feet while the civil plans show 22 feet in some areas. Revise the plans to 23 feet to meet Code. 3. Per Section 98-80(b)(2), a five foot perimeter landscape buffer is required along the south property line. The buffer is reduced to 3 feet along the southwest corner of the property. Provide a continuous 5 foot landscape buffer along the south property line to meet Code. 4. Per Section 98-88(j)(5)(5), outside lighting spillover onto adjacent properties shall not exceed 1 footcandle. The photometrics submitted indicate the spillover exceeds the Code allowance. Revise the lighting plan to comply with Code. 5. The Community Appearance Board this application on May 15, 2013 with the following stipulations: 1.) the trees along SE 9th Ter. be revised to Crape Myrtles; 2.) bring the east landscape buffer up to Code; and 3.) revise the building color to a lighter color and resubmit for approval. July 3, 2013 Page 2 of 7 Application 13-B2-118

33 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 Commercial land use category allows health care facilities, including hospitals and nursing homes as permitted uses. Therefore as a health care facility, the application to change the use of an existing restaurant building and construct improvements for a substance abuse treatment facility is in compliance with the Deerfield Beach Comprehensive Plan FLU element. 2. Compliance with the Land Development Code: The parcel is zoned, B-2, highway business, per the Deerfield Beach Land Development Code and official zoning map. A licensed substance abuse treatment facility is a permitted use in the B-2, commercial zoning district. 3. Compliance with the Conservation Element Wellfield Protection Area Map: Upon review of the City s wellfield protection map, it appears that the application is not located within a Wellfield Zone of influence. However all uses and storage of materials are subject to compliance with Broward County s Wellfield Protection regulations. These requirements should be confirmed by the County s Pollution, Prevention, Remediation and Air Quality Division before a construction permit is applied for. 4. Finding of compatibility of a proposed development with adjacent and neighboring (500 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 (500 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; A substance abuse treatment facility is a permitted use in the Commercial, future land use category and the Land Development Code. It is expected that any activity on the site will be in support of this principal use. (b) Building location, dimensions, height and floor area; The maximum height for a structure in the B-2 zoning district is 75 feet. The existing single story building and proposed single story additions will have a building height of approximately 20 feet. The total floor area within the building will consist of 22,762 square feet. This square footage equates to a floor area ratio of The B-2 zoning district allows for a 0.5 floor area ratio, or a maximum of 39,830 square feet of floor area on the parcel. As proposed, the building s location meets setback requirements. (c) Location and extent of parking, access drives and service areas; The site plan provides more than the minimum required number of parking spaces. The site s prime vehicular access from Federal Highway and circulation around the building will not change. (d) Traffic generation, hours of operation, noise levels and outdoor lighting; July 3, 2013 Page 3 of 7 Application 13-B2-118

34 Since this facility does not cater to the general public and patient arrivals are individually scheduled, vehicular traffic generated by the facility is expected to be less than the traffic generated by the former restaurant. The applicant has stated that the facility will be staffed 24 hours a day, seven days a week in accordance with state guidelines. It is expected that noise levels will be minimal since all treatment activities are located within the building. Outdoor lighting levels must be decreased along street frontages to meet Code. (e) Alteration of light and air; The proposed one story additions to the existing building are similar in height and mass with other commercial buildings along Federal Highway. The construction of these additions should not affect light and air flow patterns to adjacent properties. (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 application meets all landscape buffer requirements except for the buffer along the south property. The application is providing a 10-foot high masonry wall along the east property line for the portion that adjoins a single family property, and a 6-foot high wall along the east property line, adjacent to Southeast 9 th Terrace. A five-foot high fence with gates is proposed to secure the rear parking and grassed outdoor area. A five-foot high perimeter fence is proposed along Federal Highway and Southeast 4 th Court; however the front parking lot, entry and north perimeter yards will not be secured. The adjoining property to the south is an existing substance abuse facility and the property across Federal Highway to the west is a general commercial building. The property to the north across Southeast 4 th Court is a two story office building. The application is providing 69% (55,075 s.f.) of landscape area; 20% (15,932 s.f.) is the minimum required by Code. (g) Conditions, uses or activities which pose a significant risk to the safety or security to those under 18 years of age using schools, churches, parks, playgrounds or other facilities which cater to those under 18 years of age; The Saint Ambrose Church and school property is located approximately 150 linear feet north of property. Due to the church and school s close proximity to the property, additional information regarding the operations of the facility was requested. In response, the applicant has represented that: 1.) They will not be accepting referrals from the court system 2.) They only accept voluntary admissions and specifically do not accept Baker Acts, 3.) All patients will be persons considered disabled under the ADA 4.) The applicant states that the following security measures will be taken: a.) The facility will be staffed 24 hours a day, 7 days a week b.) Patients will not be permitted to leave the facility unless being discharged or being escorted and supervised to and from an outside medical appointment. c.) Entrance/exit doors will be alarmed. Anyone coming into the facility must be cleared by appropriate staff. July 3, 2013 Page 4 of 7 Application 13-B2-118

35 d.) The facility will include a closed-circuit camera system which will monitor all activity inside and outside of the building. (h) Outside activities associated with the proposed use which could interfere with the peace and/or tranquility of residences or propose a significant risk to the safety or security of children in public or private schools, day care facilities, churches, parks, playgrounds and other places that cater to children under the age of 18 or places which regularly provide facilities for such children to gather; and As stated above, the Saint Ambrose Church and school property is located approximately 150 linear feet from the application s property. The City s Aquatics Center is the nearest park, located approximately 1,350 linear feet from the property. The applicant is requested to more clearly describe what outdoor activities will be occurring, and demonstrate or explain how the proposed security measures will be adequate for such activities. (i) Conditions, uses, or activities which could pose a significant risk to the safety or security of single family residences within 500 feet of the lot upon which the use will occur. There are 47 single family homes located within 500 feet of the application parcel. Since the application is for a licensed, 60 bed detoxification facility for drug and alcohol addiction, security and separation issues between the adjacent single family use and the facility should be addressed and satisfied, so that safety risks to adjacent single family residences are not deemed significant. SUMMARY: Staff s review of application 13-B2-118 has found that the proposed project is consistent with the goals, objectives and policies of the Future Land Use Element of the Deerfield Beach Comprehensive Plan, and the proposed use is permitted per the Land Development Code. All representations made by the applicant with regard to operational safeguards and compatibility measures should be made a condition of any approval. The additional questions asked by staff and the applicant s responses are attached. City Landscape Architect The landscape plan is approved with the following conditions: 1. Per Section 98-80(b) an additional nine (9) additional trees are required along the West perimeter buffer, thirty four (34) are required and twenty-five (25) are provided. Add trees to the East and west buffers to satisfy this requirement. 2. Per Section (c) eight (8) trees are required in terminal island landscape areas; seven (7) are provided. Add an additional terminal island and one (1) tree to meet this requirement. 3. Per Section 98-81(2)(b) mitigation, once determined, may be achieved in two ways; (1) the applicant may plant additional trees on the site to satisfy this requirement or (2) for trees which cannot be mitigated on site, the applicant will have to pay into the Beautification Authority Fund. Work with the City Landscape Architect once mitigation option is determined. 4. Per Section (j) (1) shade trees shall be a minimum of 12 height, 3 inches of caliper and 6 of spread. Revise specification on plant list to reflect this requirement. July 3, 2013 Page 5 of 7 Application 13-B2-118

36 5. Per Section (j) (2) flowering trees shall be a minimum of 10 height, 2 1/2 inches of caliper and 5 of spread. Revise specification on plant list to reflect this requirement. 6. Per Section (d) cross visibility is to be unobstructed at the level between three feet and six feet. The Jatropha trees and the Thatch palms on the NW and NE corners appear to block this visibility. Show the sight triangles on these corners to verify that they meet this code requirement. 7. Per Section (b) (1) the Right-of Way buffer is to be 10 feet, 8 is shown on the NE corner. Increase buffer to meet this requirement. 8. Tree # 36 is in poor condition and therefore will not count toward the landscape requirement, remove and mitigate. 9. Trees shown on the East property line swale will interfere with the overhead wires. Change to an appropriate species such as Silver Buttonwood or Cassia. GENERAL LANDSCAPE REQUIREMENTS 1. Tree removal permits are required for all tree removals, to be obtained from the Building Department. 2. Landscape permits are required before any planting occurs. Permits are obtained from the Building Department. 3. 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. 4. Per Section 98-80(s) (6), submit detailed irrigation plans for review and recommendations by the City Landscape Architect prior to applying for a Building permit. Detailed plans shall specify timer location and set-up, irrigation head-to-head coverage and hydro-zone types. The irrigation system shall be designed to have a minimum of 100% coverage. The system must include a rain sensor. 5. All trees adjacent to FP&L powerlines are required to comply with the FP&L Right Tree Right Place guidelines. 6. All swales are required to be sodded with St. Augustine Floratam sod and irrigated by an automatic sprinkler system with 100% coverage. 7. Landscape ordinance specifications on irrigation and installations supersede any notes on the plan. 8. All proposed plant material on site must meet FL #1 standards as stated in Code. 9. 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 Landscape Architect. July 3, 2013 Page 6 of 7 Application 13-B2-118

37 11. The completed installation shall be certified by the firm providing the design, per (t). 12. Provide 2 sets of Signed & Sealed as-built plans to Planning and Development Services Department. Engineering Division, Public Works & Environmental Services This site plan is approved by the Engineering Department as submitted. Prior to the issuance of a building permit, the developer/contractor must apply for and receive an Engineering permit. During the Engineering permit process, further Engineering review will be made and comments made as required. Responsible developer/contractor must contact Engineering Department at for issuance guidelines. Sanitation Division, Public Works & Environmental Services This site plan has been reviewed by the Solid Waste Operations Division and was found to be acceptable as it relates to collection services and location of garbage/recycling receptacles. If you have any concern pertaining to this matter, please feel free to contact John Biedenharn at Fire/Rescue This application is denied. Please address the following comments: 1. Knox Box is required. 2. Provide a fire apparatus access plan. 3. Provide turning radius on site plan inside 28 feet and outside 50 feet. 4. Clearly identify all entry and egress gates with knox key switch. 5. Height restrictions blocking emergency access (low overhead like canopy) 14- foot minimum clearance required. 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-Fire Code, Florida Edition 2010, 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. July 3, 2013 Page 7 of 7 Application 13-B2-118

38 Florida House Questions Patient Questions 1. There are 30 patient rooms. What is the maximum number of patients per room? 2. What is the average stay per patient in the facility? 3. Will any of these patients be convicted felons or sexual predators? 4. How are these patients referred to this facility and how do they arrive at the facility? 5. It appears that there is no outside area for the patients. Will patients be allowed to go outside and where? Smokers? Are patients just confined to the building? Facility Questions 6. What state licenses will this facility have? 7. Will the proposed group rooms, dining and kitchen facilities be used by people other than those in the 30 patient rooms? 8. Will family members be joining in group discussions? 9. Will the kitchen be providing food to patients outside the building i.e., at the facility to the south, or those residing in the apartments? 10. What are the minimum staffing levels in the daytime and night? How many doctors will be licensed at the facility? 11. Can you describe daily operational procedures? 12. What is the security plan for the facility?

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