AGENDA PLANNING AND ZONING BOARD CITY OF DEERFIELD BEACH, FLORIDA September 3, 2015 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, September 3, 2015, at 7:00 p.m. in the City Hall Commission Chambers, 150 NE 2 nd Avenue, Deerfield Beach, Florida 33441. A. CALL TO ORDER AND ROLL CALL B. PLEDGE OF ALLEGIANCE C. APPROVAL OF MINUTES - August 6, 2015 D. OLD BUSINESS 1. PUBLIC HEARING APPLICATION 15-A-183 (tabled at the August 6 th meeting) Applicant: BLUEWATER VIII, LLC, represented by Robert Lochrie III Proposal: To vacate and abandon a 6,653 square-foot portion of S.E. 3 rd Court, generally lying between S.E. 17 th Avenue and the Intracoastal Waterway and contiguous to Lots 3 thru 9, THE COVE. Location: The proposed area to be vacated and abandoned is described as an area lying between S.E. 17 th Avenue and the Intracoastal Waterway and contiguous to Lots 3 thru 9, THE COVE, more particularly described in the file and located at 1755 S.E. 3 rd Court. 2. PUBLIC HEARING APPLICATION 14-COD-4 REVISION 2 (tabled at the August 6 th meeting) Applicant: BLUEWATER VIII, LLC, represented by James Govin Proposal: Site plan approval to construct a 134 room hotel with a four level parking garage, together with a previously approved 12,575 square-foot restaurant with outdoor seating, dock, pavilion and pedestrian boardwalk. Location: The property is a 1.91-acre parcel described as Lots 1 thru 9, less the westerly 20 feet of Lot 9, Block 1, THE COVE, and a 0.72-acre submerged land parcel lying in the Intracoastal Waterway in Section 5, Township 48 South, Range 43 East, more particularly described in the file and located at 1755 S.E. 3 rd Court. E. NEW BUSINESS 3. PUBLIC HEARING PROPOSED LAND DEVELOPMENT CODE AMENDMENT Applicant: CITY OF DEERFIELD BEACH Proposal: Amending various sections of Chapter 98 of the Deerfield Beach Land Development Code, regarding new and amended definitions, permitted and accessory uses, and parking ratios pertaining to amusement establishments/game centers, indoor recreational facilities, personal services, sports performance training facilities, tourist accommodations, transient public lodging establishments, tutoring centers, and health and fitness clubs.
Planning and Zoning Board Meeting September 3, 2015 Page 2 4. PUBLIC HEARING PROPOSED LAND DEVELOPMENT CODE AMENDMENT Applicant: CITY OF DEERFIELD BEACH Proposal: Amending various sections of Chapter 78 of the Deerfield Beach Land Development Code, regarding the Community Appearance Board, pertaining to the board s creation, definitions, members, meetings, powers and duties, submission of plans and specifications, minimum design criteria and exemptions. F. STAFF REPORT G. CHAIRMAN S REPORT H. MEMBERS REPORT(S) I. 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 ensure 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 286.0105.) 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) 480-4213. Publish: Sun Sentinel August 21, 2015 Amanda Martinez Director of Planning & Development Services
PLANNING AND ZONING BOARD CITY OF DEERFIELD BEACH, FLORIDA August 6, 2015 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 John Hillman, Vice Chairman Brian Bennett Henry Gould Kathy Maggi, Alternate Thomas Plaut, Alternate Also Present: Amanda Martinez, Director of Planning and Development Services Garrett Smith, Senior Planner Naydu Glueckert, Planner Jeffrey Siniawsky, Assistant City Attorney Vernadette Fuller, Minutes Secretary Absent: Clayton Thomas SEATING OF ALTERNATE Ms. Maggie was seated to serve at tonight s meeting. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES OF PREVIOUS BOARD MEETING Motion was made by Vice Chairman Hillman and second by Mr. Bennett to approve the July 2, 2015 meeting minutes as submitted. The motion CARRIED unanimously. OLD BUSINESS NONE NEW BUSINESS PUBLIC HEARING APPLICATION 15-P-199 Applicant: MURIEL SMITH, represented by Pulice Land Surveyors Proposal: To plat a 2.78-acre parcel for industrial use to be known as the DEVON-QUIET WATERS plat.
Location: The property is a 2.78-acre parcel described as a portion of the W ¾ of the S ½ of the S ½ of the SW ¼ of Section 3, Township 48 South, Range 42 East, more particularly described in the file and located at 3175 SW 10 th Street. Naydu Glueckert, Planner summarized the application and advised that 5 property owners were notified, 0 letters were returned undeliverable and 0 letters of approval and objection were received. Planning & Zoning REQUEST: Application 15-P-199 is a request to plat 2.78 acres of land located north of SW 10 th Street, approximately 1,100 feet east of Powerline Road to allow for industrial use. The approval of this plat is part of the required building approval process. Per Broward County platting requirements, no local government may grant an application for a building permit for the construction of a principal building on a parcel of land unless a plat, including the parcel for the permit, has been approved by the Broward County Commission. The County requires approval from the City as part of their approval process for the plat. BACKGROUND: In 1981, site plan approval was granted in order to allow B&W Crane Works an industrial company to occupy the property. COMMENTS AND REQUIREMENTS: The restricted note on the plat states the following: This plat is restricted to 60,000 square feet of industrial use. 2. The City s approval of this plat is subject to Broward County s final approval which may include additional right-of way dedications. If applicable, dimensional requirements for any site plan approval shall be from revised platted property lines, even if the plat does not have final County approval. Determine County s requirements for right-of-way dedications as soon as possible and revise new property lines accordingly. 3. The applicant is advised that prior to obtaining a certificate of occupancy for future development, the applicant shall pay the Public Safety Impact Fee as required in Section 38-321 of the City Code. 4. The plat identifies a nonvehicular access line that permits one access opening to SW 10th street. The applicant must remove the existing second opening to SW 10th street to be consisted with the plat. PLANNING CONSIDERATIONS: 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 plat is Industrial. 2. Land Development Requirements: Per Section 98-56, industrial uses are permitted in the I Industrial zoning district. Future development on the site will need to comply with the applicable land development regulations, including but not limited to Section 98-56 regarding uses within the I zoning district, Section 98-88 regarding off-street parking and loading, and Section 98-80 regarding landscaping. 3. Transportation Concurrency Requirements: The plat is located within the Northeast Transportation Concurrency Management Area. Concurrency requirements for the parcel will be assessed by the County upon their review of the plat and findings of trip generation. County plat approval will be based on these finding and their recommendations must be implemented before a building permit may be issued for the parcel.
SUMMARY: Staff has found that application 15-P-199 is consistent with the Future Land Use Element of the Comprehensive Plan and that the proposed restrictive industrial use is permitted per the I Zoning district within the City of Deerfield Beach Zoning Map and Land Use Development Code. City Landscape Architect Approved as submitted. Environmental Services This request to plat the subject parcel of land 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 provided as required. Responsible developer/contractor must contact Engineering Department at 954-480-4270 for issuance guidelines. Recycling & Solid Waste This plat application has been reviewed by the Recycling and Solid Waste Management Department and was found to be not applicable as it relates to collection services and location and Recycling/Solid Waste. Fire/Rescue Approved as submitted. Vice Chairman Hillman asked if the property was platted previously. Ms. Glueckert replied no. Chairman Drosky asked why the property is being platted now. Ms. Glueckert replied that staff doesn t know. However, in 1981, site plan approval was granted in order to allow B&W Crane Works, an industrial company, to occupy the property. Vice Chairman Hillman asked if the applicant is operating on the property. Ms. Glueckert replied that they do not have a certificate of use and she doesn t know if they are currently in operation. Jane Storms, Pulice Land Surveyors, 5381 Nob Hill Road, Sunrise, representing the applicant replied that the property is vacant and is not being used. She said that the owners are platting the property in order to sell it. Chairman Drosky invited the public to speak for or against the application. No one came forward Motion was made by Vice Chairman Hillman and second by Mr. Gould to close the public hearing. The motion CARRIED unanimously. Motion was made by Vice Chairman Hillman and second by Ms. Maggie to approve Application 15-P-199 subject to staff s comments.
PUBLIC HEARING APPLICATION 15-A-183 Applicant: BLUEWATER VIII, LLC, represented by Robert Lochrie III Proposal: To vacate and abandon a 6,653 square foot portion of S.E. 3 rd Court, generally lying between S.E. 17 th Avenue and the Intracoastal Waterway. Location: The proposed area to be vacated and abandoned is described as an area lying between SE 17 th Avenue and the Intracoastal Waterway and contiguous to Lots 3 thru 9, THE COVE, more particularly described in the file and located at 1755 SE 3 rd Court. PUBLIC HEARING APPLICATION 14-COD-4 REVISION 2 Applicant: BLUEWATER VIII, LLC, represented by James Govin Proposal: Site plan approval to construct a 140 room hotel with a four level parking garage, together with a previously approved 12,575 square foot restaurant with outdoor seating, dock, pavilion and pedestrian boardwalk. Location: The property is a 1.91 acre parcel described as Lots 1 thru 9, less the westerly 20 feet of Lot 9, Block 1, THE COVE, and a 0.72 acre submerged land parcel lying in the Intracoastal Waterway in Section 5, Township 48 South, Range 43 East, more particularly described in the file and located at 1755 SE 3rd Court. Amanda Martinez, Director of Planning and Development Services, advised that the applicant has requested that Applications 15-A-183 and 14-COD-4-REVISION 2 be deferred to the next meeting. It was the consensus of the Board to defer the Applications to the next meeting. PUBLIC HEARING LAND USE PLAN AMENDMENT 56A Applicant: STOR-ALL 2 ND AVE., LLC, represented by HSQ Group Inc. Proposal: Amending the Deerfield Beach Future Land Use Plan, changing the land use designation on a 1.065 gross acre parcel from Transportation to Commercial 2. Location: The property is a 1.065 gross acre parcel descried as a portion of the east 50 feet of the Florida East Coast Railway right-of-way as shown on the MAP OF THE TOWN OF DEERFIELD, together with a portion of Hillsboro Boulevard right-of-way and a portion of the vacated SE 2 nd Street, more particularly described in the file, located at 96 E Hillsboro Boulevard. Garrett Smith, Senior Planner, summarized the application and advised that 40 property owners were notified, 0 letters were returned undeliverable and 0 letters of approval and objection were received. He added that the documentation has been received by Engineering Services. Planning & Zoning REQUEST: Application LUPA 56A is a request for a small scale land use plan amendment from Transportation to Commercial 2 on approximately 1.065 gross acres of property described as a portion of the east 50 feet of the Florida East Coast Railway right-of-way, as shown on the MAP OF THE TOWN OF DEERFIELD, together with a portion of the Hillsboro Boulevard right-of-way and a portion of the vacated SE 2nd Street, more particularly described in the file, and located at 96 E. Hillsboro Boulevard.
BACKGROUND: The property for the LUPA request was previously used by the Florida East Coast Railway (FEC), therefore a Transportation designation was placed on that right-of-way (ROW). Additionally, the property had been identified as a potential passenger rail station site serving the City of Deer-field Beach. The applicant owns approximately 5 acres immediately to the east of the site, which is an abandoned lumber yard. The applicant intends to demolish the existing structures and redevelop the property with new buildings as part of a self-storage project. There are no known historical sites or natural resources on the property. COMMENTS AND REQUIREMENTS: Existing and Proposed Uses The site measures 1.065 gross acres and, considering 10,000 square feet per acre of allowable industrial use in the Commercial 2 designation, would result in a maximum of 10,650 square feet of industrial use. Based on an ITE generation rate for General Light Industrial, 74 daily trips are anticipated for the proposed use. 2. The application identifies that Stor-all intends to use this acreage, and approximately 5 acres to the east, to construct a self-storage facility at this location. A site plan has not yet been submitted for consideration so the general layout and specific traffic flow at this time are unknown. Given the close proximity of this site to Dixie Highway, the railroad crossing, and the traffic volume along Hillsboro Boulevard, no vehicular ingress or egress will be permitted on Hillsboro Boulevard. Rather, traffic circulation will need to be directed to the east and take access off another public road. 3. Public and private utilities, as well as existing utility easements, are present in this location. Future development proposals will need to be designed around this infrastructure and easements. Otherwise, various utility easements will need to be vacated, unnecessary utilities removed, and new utilities with associated easements installed/granted if approved by the City of Deerfield Beach and other relevant utility providers. 4. If this small scale land use plan amendment is approved by the City of Deerfield Beach, the change to the plan will require recertification by Broward County. Local land use plan amendments that do not have a corresponding County LUPA (as is this case for LUPA 56A) still require a fee for the recertification, which currently is $1,906.00. Prior to the City transmitting the LUPA application for recertification the applicant shall submit the recertification fee in place at that time. Analysis of Public Facilities and Services Adequate potable water facility capacity and supply, sanitary sewer facility capacity, and solid waste services are anticipated to serve the proposed land use. Parks and recreation acreage is required only for residential uses. Given that no residential use is proposed, this proposal does not generate a requirement for additional park acreage. 1. A. Sanitary Sewer Analysis: ii. The application identifies that the City treats wastewater at its 50 MGD treatment plant. As referenced in the City Comprehensive Plan, the City owns and operates the system s collection, transmission, and pumping facilities. However, all wastewater is transmitted to Broward County Office of Environmental Services North Regional Wastewater Treatment (BCNRWT) Plant on Copans Road. Provide correspondence from the City of Deerfield Beach Environmental Services Department and Broward County Wastewater Department to confirm the available plant capacity, the reserve capacity for the City, and revise the application text for this section accordingly. iv. The application identifies a response letter from Broward County Wastewater Department as Exhibit D, however it appears the request was made to the City of Deerfield Beach Engineering Department. Provide response correspondence from Broward County Wastewater Department. Please note that the request for review letter includes information on both sanitary sewer and potable water, and is labeled both as Exhibits D and E. v. Provide response correspondence from the City of Deerfield Beach. 2. B. Potable Water Analysis
i. The reference to wastewater demand should be removed from this response, since the analysis for this section is on potable water. iii. Provide correspondence from the City of Deerfield Beach and revise the application text for this section accordingly. 3. C. Drainage Analysis vi. The application identifies a response letter from Broward County EPD, as Exhibit F, however it appears the request for review was submitted to and received from Broward County Water Management Division. The County Water Management Division has identified they are not the service provider. Provide correspondence from the City of Deerfield Beach, and Broward County EPD as applicable, and revise the application text for this section accordingly. 4. D. Solid Waste iv. Provide correspondence from the City of Deerfield Beach, referenced as Exhibit G, and revise the application text if necessary. In review of Exhibit G, it does not appear the request for review and comment was provided to the City. vii. The application cites a response letter from Waste Management as Exhibit G. Provide copies of all correspondence concerning Public Facilities and Services regarding solid waste. 5. E. Recreation and Open Space Analysis i. Revise the LOS response from the 2 acres per 1,000 to 3 acres per 1000. 6. F. Mass Transit Analysis/Transportation iv. Correspondence from Broward County Transit (referenced in the application as Exhibit H) has been provided after the submittal of the application. Please revise the application text for this section accordingly. Other agencies/entities also provide transit services to the vicinity, such as the bus shuttle service provided by Tri-Rail. Include additional information for these other providers. CONSISTENCY WITH GOALS, OBJECTIVE AND POLICIES OF THE DEERFIELD BEACH COMPREHENSIVE PLAN The proposed amendment is generally consistent with the goals, objectives and policies of the City s Comprehensive Plan. Public services and facilities are currently in place to serve the proposed use. 2. Various policies and objectives listed within the application concern residential development and are not applicable to the LUPA application, which seeks a change from Transportation to Commercial 2. Revise/remove such unnecessary references. 3. It appears certain policies are duplicated (such as Policy 01.01.05 and 01.03.05). Review the narrative and revise to remove unnecessary duplicates. City Landscape Architect The application does not require the review of the Landscape Division. Environmental Services The request is approved by the Engineering Department as submitted. Be advised that 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 provided as required. Responsible developer/contractor must contact Engineering Department at 954-480- 4270 for issuance guidelines. Recycling & Solid Waste The site plan has been found unacceptable as it relates to collection services and location of Recycling/Solid Waste Receptacles. Exhibit G Solid Waste (Sec. ii): The City of Deerfield Beach provides garbage and recycling pick up for residential single family units. Commercial use is required to use a solid waste company for solid waste disposal That is incorrect according to Sec. 58-81 of the City Code of Ordinances: The City exclusively shall provide for the collection and disposal of commercial refuse within the city; however, the City may enter into a con-tract with any person authorized in the state for the collection and disposal of commercial refuse Exhibit G Solid Waste (Sec. v): Waste Management will provide service to the proposed site twice a week According to Sec. 58-81 only the City can provide service but not limited on: Garbage, trash, bulk trash, construction and demolition, etc. According to Article IV Sec. 58-111 to Sec. 58-120 of the City Code of Ordinances, all registrant haulers (in this case Waste Management) are authorized to provide recycling services within the city. The City of Deerfield Beach is the sole hauler for garbage service. Waste Management cannot service any commercial garbage customer within the City of
Deerfield Beach. Fire/Rescue Site plan 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-Fire Code, Florida Edition 2010, NFPA 101-Life Safety Code, Florida Edition 2010. Mr. Bennett said that the property is owned by Stor-All but designated for use by the FEC. Mr. Smith replied that is correct and the property was designated transportation and is not under their control. He added that the property is outside the active rail line. Vice Chairman Hillman asked for clarification on the relationship between the locations of this property and the proposed train station at Hillsboro Boulevard and Dixie Highway. Mr. Smith replied that there has been some discussion of moving the stop further south. Vice Chairman Hillman asked if there is a target date for the project. Ms. Martinez replied 2019-2020 per the commuter rail but there is no funding source. Assistant City Attorney Siniawsky noted that All Aboard will not have a station in Deerfield Beach. Ms. Maggie asked if it was used as an alley way or drive. Mr. Smith replied that there is access, buildings in the vicinity and improvements in the area. He noted that a number of the buildings are owned by the property owner. Chairman Drosky asked for clarification on the previous issue with the application. Ms. Martinez replied that they ve known of this proposal for over a year but they had not submitted a formal application until now. Tony Quevedo, representing the applicant, advised that this arrangement is typical because the trains use to off-load and backup on the railway. He commented that his client owns the property and they are doing this to clean up the land use to redevelop it as a storage facility. He said that they agree with the minor changes. Mr. Bennett advised that the Board would be recommending approval based on the fact the applicant owns the property and there are no right-of-way issues. Mr. Quevedo said that he is not aware of any issues. Ms. Martinez reported meeting with the applicant several times and said that this issue came up in the title search and it was confirmed that they owned the property. She said that the former owner had a lease with the FEC. Chairman Drosky asked if the owner was contacted by the FEC and if the forthcoming site plan includes this area. Mr. Quevedo replied that he does not know, however, the site plan does includes this area. Ms. Maggie asked if the applicant owns the caboose. Ms. Martinez replied no, it is owned by Ed Dietrich and they have been trying to move it to the Tri-rail museum. In response to Vice Chairman Hillman, Ms. Martinez replied that they do not have to plat but are choosing to do it. She added that the plat and site plan will be on the next meeting agenda. Mr. Bennett asked why the black outline box extends out into Hillsboro Boulevard. Ms. Martinez replied that the land use was transportation and the other portion is commercial. She noted that the entire transportation designation is being changed. Chairman Drosky invited the public to speak for or against the application. Brenda Thompson, property owner at 237 SE First Terrace, stated that she and her brother s property is located south of 2 nd Avenue. She acknowledged receiving a letter from Broward County indicating that the proposed railway will not affect their property. Mr. Quevedo advised that Ms. Thompson is asking about the future railway system. Bernard Thompson, property owner, confirmed that their property is located at the end of Ed Dietrich s property. Mr. Quevedo acknowledged that their development is not affecting the Thompson s property because they won t go pass S.E. 2 nd Avenue. Motion was made by Mr. Bennett and second by Mr. Gould to close the public hearing. The motion CARRIED unanimously. Motion was made by Mr. Bennett and second by Ms. Maggie to approve Land Use Plan Amendment 56A subject to staff s comments. The motion CARRIED unanimously. PUBLIC HEARING PROPOSED LAND DEVELOPMENT CODE AMENDMENT Applicant: CITY OF DEERFIELD BEACH
Proposal: Amendment to Section 98-103 (d) (e) (j) of the Deerfield Beach Land Development Code relating to the processing and criterial for applications for reasonable accommodation. Amanda Martinez, Director of Planning and Development Services summarized the application. SUMMARY BACKGROUND/EXPLANATION This is an amendment to Section 98-103 of the Land Development Code regarding the process for reasonable accommodation hearings. This amendment is minor, simply clarifying the amount of time allotted to review the applications and if necessary, request more information. REQUESTED ACTION: Recommendation to the City Commission on the proposed Land Development Code amendment. Vice Chairman Hillman asked if there was an incident that sparked the changes. Mr. Martinez replied no, but during the reasonable accommodation requests, they realized that there were no specific dates on the review and question process. Assistant City Attorney Siniawsky advised that their office did a study of the ordinances around the country. Specifically, he said that they took a look at what others are doing as it relates to the ADA and the language. He added that they have adopted those things they feel will be sustainable if challenged in terms of adding requirements in the application to demonstrate the entitlement to the reasonable accommodation. He noted that the ADA treats those who are recovered from alcohol or drug addiction as a disability. He said that the federal law trumps the local zoning and the City of Deerfield does not have the severity of a problem as other municipalities do. He stated that there are over 800 sober homes in Delray Beach and there are some multi-family complexes that have as high as 80-85% occupancy rate by sober homes. Chairman Drosky invited the public to speak for or against the application. No one came forward. Motion was made by Vice Chairman Hillman and second by Mr. Bennett to close the public hearing. The motion CARRIED unanimously. Motion was made by Mr. Gould and second by Mr. Bennett to approve the proposed Land Development Code Amendment. The motion CARRIED unanimously. REPORTS STAFF'S REPORT September Meeting Mr. Martinez reported that the 2 tabled items and a couple of land development code amendments will be on the September agenda. CHAIRMAN'S REPORT NONE
MEMBER'S REPORTS NONE ADJOURNMENT There being no further business, motion was made by, Vice Chairman Hillman and second by, Mr. Bennett to adjourn. The motion CARRIED unanimously. The meeting was adjourned at 7:35 p.m. Todd Drosky Chairman Planning and Zoning Board
DEERFIELD BEACH Agenda Item #1 PLANNING & ZONING BOARD Thursday, September 3, 2015 APPLICATION 15-A-183 (tabled at August 6 th P&Z meeting) Applicant: BLUEWATER VIII, LLC, represented by Robert Lochrie III Proposal: To vacate and abandon a 6,653 square-foot portion of S.E. 3 rd Court, generally lying between S.E. 17 th Avenue and the Intracoastal Waterway and contiguous to Lots 3 thru 9, THE COVE. Location: The proposed area to be vacated and abandoned is described as an area lying between S.E. 17 th Avenue and the Intracoastal Waterway and contiguous to Lots 3 thru 9, THE COVE, more particularly described in the file and located at 1755 S.E. 3 rd Court. SUMMARY BACKGROUND/EXPLANATION Abandonment application 15-A-183 is being submitted in conjunction with site application 14- COD-4 Revision 2 in order to allow a portion of a proposed parking garage to be located approximately 25 feet from the property line and to extend over an existing sidewalk and row of parking spaces. The applicant proposes to execute an agreement with the City to allow the public use of the parking spaces under the parking structure while retaining the air rights above the parking structure. REQUESTED ACTION: Recommendation to the City Commission on the proposed site plan application. ATTACHMENTS: Notification letter and map Staff Development Review Report Survey
Dear Property Owner: PUBLIC NOTICE APPLICATION 15-A-183 July 24, 2015 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: BLUEWATER VIII, LLC represented by Robert Lochrie III To vacate and abandon a 6,653 square-foot portion of S.E. 3 rd Court, generally lying between S.E. 17 th Avenue and the Intracoastal Waterway and contiguous to Lots 3 thru 9, THE COVE. The proposed area to be vacated and abandoned is described as an area lying between S.E. 17 th Avenue and the Intracoastal Waterway and contiguous to Lots 3 thru 9, THE COVE, more particularly described in the file and located at 1755 S.E. 3 rd Court. A public hearing will be held on THURSDAY, AUGUST 6, 2015, at 7:00 p.m. in the Commission Chambers, City Hall, 150 N.E. 2 nd Avenue, Deerfield Beach, FL 33441. All interested parties may appear in person to offer evidence in support of or against the proposal. Further information may be obtained at www.deerfield-beach.com/boardagendas or you may contact the Planning Office during business hours in City Hall, 150 N.E. 2 nd Avenue, Deerfield Beach, FL 33441, phone: (954) 480-4206. 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 ensure 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 286.0105.) 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) 480-4206. Amanda Martinez Director of Planning & Development Services
LANDINGS #2 14 T 13 12 11 7 8 9 11 12 6 8 ) 5 6 7 2 ) 11 THE COVE 32-48 15 14 1 1 E1 VE 5A 12 13 7 8 9 10 11 14 6 15 16 17 C 3 4 18 19 1 2 20 21 17-1 1 SE 1 15 7T 128 126 124 122 120 118 116 4 1 2 13 11 5 6 3 10 ) 7 4 16 17 Public Hearing Notice Map 9 ) 8 THE COVE SE 5 ST. 15 19 3 ER Abandonment Application 15-A-183 1755 SE 3rd Ct 0 75 150 For additional information Call the Planning Department at 954-480-4206 POINSET FIR 18 THOMAS LANDINGS CONDO 2 12 22 14 COVE YACHT BASIN DOCKOMINIUM 14 SE 4 CT 5 14 ) 24 23 22 21 20 19 A H I L L S B E THE COVE YACHT BASIN SE 4 CT SE 4 CT 32-48 1 2 3 4 5 PENTHOUSE N B 2 3 4 5 11 ) 18 17 16 6 7 8 9 THE COVE SE 4 ST SE 4 ST 10 6 SE 3 CT 4 3 1 2 TOWN1HOUSES AT THE COVE 2 3 4 2 3 4 Subject Property 5 8 7 SE 3 CT 8 9 10 1 ) 9 SE 3 CT SE 3 CT 13 10 B L V D VE SE 17 A SE 15 TER C VE SE 17 A R IV SE 15 TER H I L L S B O R O COVE SHOPPING CENTER 14 15 3 15 PARCEL 16 SULLIVAN PARK 16 W.L. KESTER ADD 46-38 L S T A O A C R A I N T RD E SE RIVERVIEW PLAT 176-5 8 14 Public Notification Boundary PARCEL 17 RIVERVIEW RD CHAMBER OF COMMERCE D PARCEL A A Y R W E T W A E RVIEW L HILLSBORO LANDINGS 1 CONDO 116 117 118 119 120 HILLSBORO 121 EAST A 112 114 0 16 8 15 6 15 4 15 2 15 0 15 FLORIDA N PARCEL 20 E A INTRACOASTAL WATERWAY FROM JACKSONVILLE, FL TO MIAMI AS T 109 110 111 ER SE 17 T P C 300 Feet MINI PARK 1 2 3 2 )
Development Review Committee Summary Report Development Plan Application Review General Information Application No. 15-A-183 Applicant: Bluewater VIII, LLC Agent: Robert Lochrie III Requested Action/Description: To vacate and abandon a 6,653 square-foot portion of S.E. 3 rd Court generally lying between S.E. 17 th Avenue and the Intracoastal Waterway and contiguous to Lots 3 thru 9, THE COVE. Location: 1755 S.E. 3 rd Court Legal Description: An area lying between S.E. 17 th Avenue and the Intracoastal Waterway and contiguous to Lots 3 thru 9, THE COVE, more particularly described in the file. Size: 0.15-acres Existing Zoning: COD Existing Land Use: Public Right-of-Way August 27, 2015 Application 15-A-183 Page 1 of 3
Future Land Use Plan Designation: Commercial Surrounding Land Use and Zoning: Existing Land Use North: Parking Lot East: Intracoastal Waterway South: Parking Lot West: Parking Lot Applicable Regulations: Plat Restrictions: Zoning COD COD COD COD Deerfield Beach Land Development Code N/A Planning & Zoning REQUEST: To vacate and abandon a 6,653 square-foot portion of Southeast 3 rd Court, generally lying between Southeast 17 th Avenue and the Intracoastal Waterway and contiguous to Lots 3 thru 9, THE COVE, more particularly described in the file and located at 1755 Southeast 3 rd Court. BACKGROUND: Department Comments & Requirements Abandonment application 15-A-183 is being submitted in conjunction with site application 14-COD-4 Revision 2 in order to allow a portion of a proposed parking garage to be located approximately 25 feet from the property line and to extend over an existing sidewalk and row of parking spaces. The applicant proposes to execute an agreement with the City to allow the public use of the parking spaces under the parking structure while retaining the air rights above the parking structure. COMMENTS AND REQUIREMENTS: 1. There are overhead utility lines running across the proposed abandonment area to the Two Georges restaurant and City water and sewer lines providing service to the Cove businesses that must be addressed. Before the application can be finalized and recorded, utility company sign-offs must be obtained and easements granted for utilities relocation. 2. The applicant must execute an easement/air rights agreement conveying the ground rights to the land for continued public parking of vehicles in the parking lot. 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 and the August 27, 2015 Application 15-A-183 Page 2 of 3
Future Land Use Map. The Future Land Use (FLU) Map designations for the proposed abandoned parcel and the adjoining hotel parcel are commercial. The commercial land use category permits hotels, therefore the approval of this application will be in compliance with the City s future land use map which will not change 2. Compliance with the Land Development Code: The proposed abandonment parcel and adjoining hotel parcel are both zoned Cove Overlay District COD, per the Deerfield Beach Land Development Code and official zoning map. Approval of this application will not change the official zoning map. SUMMARY: Staff s review of application 15-A-183 has found that the proposed abandonment is consistent with the Future Land Use Element of the Comprehensive Plan, and that the abandonment is consistent with the City s Official Zoning map. City Landscape Architect Approved as submitted. Environmental Services At this time the Engineering Department is not approving this request for vacation and abandonment for the following reasons: There is an existing 8 sanitary utility line located within the proposed area to be vacated. The limit of the proposed area to be vacated must be at least 6 feet from the location of the existing sewer line. Part of the proposed area to be vacated includes an existing 6 water main line running along north to south where there is an existing F.H. as well. This section of the abandonment must be easement deeded to the City. Be advised that 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 provided as required. Responsible developer/contractor must contact Engineering Department at 954-480-4270 for issuance guidelines. Recycling & Solid Waste This request for vacation and abandonment has been reviewed by the Recycling and Solid Waste Management Department and was found to be not applicable as it relates to collection services and location of Recycling/Solid Waste receptacles. 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. August 27, 2015 Application 15-A-183 Page 3 of 3
DEERFIELD BEACH Agenda Item #2 PLANNING & ZONING BOARD Thursday, September 3, 2015 APPLICATION 14-COD-4 REVISION 2 (tabled at August 6 th P&Z meeting) Applicant: BLUEWATER VIII, LLC, represented by James Govin Proposal: Site plan approval to construct a 134 room hotel with a four level parking garage, together with a previously approved 12,575 square-foot restaurant with outdoor seating, dock, pavilion and pedestrian boardwalk. Location: The property is a 1.91-acre parcel described as Lots 1 thru 9, less the westerly 20 feet of Lot 9, Block 1, THE COVE, and a 0.72-acre submerged land parcel lying in the Intracoastal Waterway in Section 5, Township 48 South, Range 43 East, more particularly described in the file and located at 1755 S.E. 3 rd Court proposed area to be vacated and abandoned is described as an area lying between S.E. 17 th Avenue and the Intracoastal Waterway and contiguous to Lots 3 thru 9, THE COVE, more particularly described in the file and located at 1755 S.E. 3 rd Court. SUMMARY BACKGROUND/EXPLANATION Site plan approval to construct an 134 room hotel with a four level parking garage, together with a previously approved 12,575 square foot restaurant with outdoor seating, dock, pavilion and pedestrian boardwalk, located on a 1.91 acre parcel, described as Lots 1-9, less the westerly 20- feet of lot 9, Block 1, THE COVE, and a 0.72 acre submerged land parcel lying in the intracoastal waterway in Section 5, Township 48 South, Range 43 East, more particularly described in the file and located at 1755 Southeast 3 rd Court. On May 14, 2014, the City Commission approved application 14-COD-4 to construct a restaurant with outdoor dining areas on the former Charley s Pal restaurant parcel. Application 14-COD-4 Revision 2 is a request to construct a 134 room hotel above a 4 level parking garage (containing 208 spaces), on the approved restaurant s surface parking lot. The revision does not change the approved restaurant s location or square footage. The restaurant would be connected to the new garage and hotel by a covered, shared porte cochere. This application is also being submitted in conjunction with application 15-A-183 to abandon a 6,653 square foot area of Southeast 3 rd Court in order to allow the portion of the garage to be located within the right-of way. The Planning and Zoning Division is unaware of any historical significance of the property or prior historical activities associated with the site. REQUESTED ACTION: Recommendation to the City Commission on the proposed site plan application. ATTACHMENTS: Notification letter and map Staff Development Review Report Site Plan and Elevations
Dear Property Owner: PUBLIC NOTICE APPLICATION 14-COD-4 REVISION 2 July 24, 2015 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: BLUEWATER VIII, LLC represented by James Govin Site plan approval to construct a 134 room hotel with a four level parking garage, together with a previously approved 12,575 squarefoot restaurant with outdoor seating, dock, pavilion and pedestrian boardwalk. The property is a 1.91-acre parcel described as Lots 1 thru 9, less the westerly 20 feet of Lot 9, Block 1, THE COVE, and a 0.72-acre submerged land parcel lying in the Intracoastal Waterway in Section 5, Township 48 South, Range 43 East, more particularly described in the file and located at 1755 S.E. 3 rd Court. A public hearing will be held on THURSDAY, AUGUST 6, 2015, at 7:00 p.m. in the Commission Chambers, City Hall, 150 N.E. 2 nd Avenue, Deerfield Beach, FL 33441. All interested parties may appear in person to offer evidence in support of or against the proposal. Further information may be obtained at www.deerfield-beach.com/boardagendas or you may contact the Planning Office during business hours in City Hall, 150 N.E. 2 nd Avenue, Deerfield Beach, FL 33441, phone: (954) 480-4206. 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 ensure 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 286.0105.) 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) 480-4206. Amanda Martinez Director of Planning & Development Services
2 ) 5 6 7 2 3 4 8 ) 3 4 6 Subject Property 5 2 E COVE 32-48 15 16 6 7 8 17 11 ) 18 19 20 21 22 1 C 1 23 24 1 SE 1 15 14 7T 3 ER 4 1 POINSETTIA GARD FIRST ADDN 31-32 15 16 10 17 11 12 13 5 C A N A L MINI PARK 1 2 3 Site Plan Application 14-COD-4 Revision 2 1755 SE 3rd Ct 4 19 THOMAS LANDINGS CONDO 2 14 18 COVE YACHT BASIN DOCKOMINIUM Public Hearing Notice Map SE 4 CT. 112 110 108 106 THE COVE YACHT BASIN 2 3 128 126 124 122 120 118 116 114 B SE 4 ST 4 5 A SE 3 CT 4 3 1 2 TOWN1HOUSES AT THE COVE SE 4 ST 9 32-48 1 2 3 4 5 SE 18 AVE 9 THE COVE VE SE 17 A 7 10 6 VE SE 17 A RIV 11 8 7 SE 3 CT SE 3 CT 12 1 ) 9 SE 3 CT COVE SHOPPING CENTER 8 10 H I L L S B O R O E 0 For additional information Call the Planning Department at 954-480-4206 75 150 300 Feet SE 2 S SE 18 AVE 11 PENTHOUSE NORTH CO A L A S T C O A R I N T 12 AV T 13 ST 14 19 C D 3 15 B L V D NE H I L L S B O R O 16 SE PARCEL 17 SULLIVAN PARK E W.L. PARCEL 16 RIVERVIEW RD CHAMBER OF COMMERCE D RIVERVIEW PLAT 176-5 E AT E RVIEW RD PARCEL A 8 14 6 14 4 14 2 14 0 14 8 13 6 KESTER ADDN 13 34 1 2 46-38 13 0 13 C VA HILLSBORO LANDINGS 1 CONDO 119 120 121 HILLSBORO LANDINGS #2 L A Y R W E T W A A 112 114 116 117 118 Public Notification Boundary EAST N FLORIDA ST A 8 16 6 16 4 16 2 16 0 16 8 15 6 15 4 15 2 15 0 15 E AV C 109 110 111 NE 2 ST 19 RT 20 19 MINI PARK 17-1&2 O BEACH VILLAS OF DEERFIELD CONDO VACATED ST CA COAST R 2 1 6 PARCEL 20 O INTRACOASTAL WATERWAY FROM JACKSONVILLE, FL TO MIAMI B ER SE 17 T S NE PO L
Development Review Committee Summary Report Development Plan Application Review General Information Application No. 14-COD-4 Revision 2 Applicant: Blue Water VIII, LLC Agent: James W. Govin Requested Action/Description: Site plan modification to construct a 134 room hotel with a four level parking garage, together with a previously approved 12,575 squarefoot restaurant with outdoor seating, dock, pavilion and pedestrian boardwalk. Location: 1755 S.E. 3 rd Court Legal Description: Lots 1 thru 9, less the westerly 20 feet of Lot 9, Block 1, THE COVE, more particularly described in the file. Size: 1.91-acres Existing Zoning: COD Existing Land Use: Vacant Commercial August 27, 2015 Page 1 of 7 Application 14-COD-4 Revision 2
Future Land Use Plan Designation: Commercial Surrounding Land Use and Zoning: Existing Land Use North: Hillsboro Blvd. Right-of- Way East: Intracoastal Waterway South: Restaurant/Commercial West: Office Applicable Regulations: Plat Restrictions: Zoning N/A N/A COD COD Deerfield Beach Land Development Code None Planning & Zoning REQUEST: Site plan approval to construct an 134 room hotel with a four level parking garage, together with a previously approved 12,575 square foot restaurant with outdoor seating, dock, pavilion and pedestrian boardwalk, located on a 1.91 acre parcel, described as Lots 1-9, less the westerly 20-feet of lot 9, Block 1, THE COVE, and a 0.72 acre submerged land parcel lying in the intracoastal waterway in Section 5, Township 48 South, Range 43 East, more particularly described in the file and located at 1755 Southeast 3 rd Court. BACKGROUND: Department Comments & Requirements On May 14, 2014, the City Commission approved application 14-COD-4 to construct a restaurant with outdoor dining areas on the former Charley s Pal restaurant parcel. Application 14-COD-4 Revision 2 is a request to construct a 134 room hotel above a 4 level parking garage (containing 208 spaces), on the approved restaurant s surface parking lot. The revision does not change the approved restaurant s location or square footage. The restaurant would be connected to the new garage and hotel by a covered, shared porte cochere. This application is also being submitted in conjunction with application 15-A-183 to abandon a 6,653 square foot area of Southeast 3 rd Court in order to allow the portion of the garage to be located within the right-of way. The Planning and Zoning Division is unaware of any historical significance of the property or prior historical activities associated with the site. COMMENTS AND REQUIREMENTS The City is in the process of amending the permitted uses section in the COD, Cove Overlay District to specifically list permitted, conditional and accessory uses allowed in the COD zoning district, rather than those city-wide B-1 district uses which are not exclusive to the shopping center and may not be considered compatible with the objectives of the Cove Master Plan. The proposed revision to the COD permitted use section was recommended for approval by the Planning and Zoning Board on July 2, August 27, 2015 Page 2 of 7 Application 14-COD-4 Revision 2
2015. However, the City Commission has expressed a desire to keep Hotels and Motels as conditional uses, subject to RM-25 dimensional requirements with a maximum density of 38 dwelling units per acre. Since the application will be presented to the Planning and Zoning Board before September 9, 2015, the application has been reviewed per the requirements of the RM-25 zoning district. A. Requirements per current RM-25 residence, multi-family zoning district: 1. Per Section 98-53-(c) (3) b. a hotel in the Rm-25 zoning district requires conditional use approval as part of the site plan approval. Apply for conditional use approval. 2. Site plan approval is subject to the approval of abandonment application 15-A-183 and an executed agreement with the City granting the public use of the 29 parking spaces under the parking structure and the loss of one parking space. 3. The maximum allowable height of a structure in the RM-25 zoning district is 55 feet. The height of the hotel is 101.3 feet and exceeds the maximum building height by 46.3 feet. 4. Per Section 98-61, the minimum landscape area in the RM-25 zoning district is 25% or 10,355 square-feet of landscape area. The application is providing 1,432 square feet (3.4%) of landscape area and is deficient 8,923 square-feet of landscape area. 5. Per Section 98-80 (b), a 10-foot landscape buffer is required along property lines fronting public rights-of way, and a 5-foot landscape buffer is required adjacent to side property lines. While the application is proposing adding landscape material in the Hillsboro Boulevard right-of way, the application is providing zero landscape buffers on their property. 6. Per Section 98-61, the side yard setback of 10 feet, increases 1 foot for every 2 feet of building height over 20 feet. Per Code, the side yard setback is 50.5 feet. The application is providing a zero-foot side yard setback, along Hillsboro Boulevard and the Cove parking lot. 7. Per Section 98-61, the front yard setback is 25 feet. The applicant is providing a 10- foot front yard setback and is deficient 15 feet. 8. Per Section 98-61, the maximum lot coverage in the RM-25 zoning district is 40% or 19,197 square-feet (including the abandonment area). The application is proposing an 85% lot coverage or approximately 40,911 square-feet (21,714 square-feet over the allowable lot coverage). 9. Per Schedule B, the parking requirement for a hotel is one parking space per room plus 50 percent of the required parking for an accessory use. The applicant has stated that the coffee shop, and lobby area will not be a restaurant and will be used only by the hotel s guest; such as a breakfast buffet area. The applicant has provided a statement that the lounge area in the lobby will be for hotel guest only and will not have a separate business license. 10. Per Section 98-88 (n) (2). 25% of the on-site parking (52 spaces) are required to be standard in size (10 x 20 ). The application is providing 11 standard spaces and is deficient 41 standard spaces. Revise plan to meet Code. August 27, 2015 Page 3 of 7 Application 14-COD-4 Revision 2
11. Per Schedule C, the minimum size of a 90 degree, commercial parking space is 9 x 18 in length. The application is requesting that 21 of the 208 spaces be allowed to be 8.5 x 20 or 9 x 17.5 in length which does not meet Code. Revise the parking plan to meet Code. 12. The applicant is advised that all planters (including those on the garage) must be fully irrigated per Code. 13. The Community Appearance Board approved the application on July 22, 2015 as submitted. 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 hotels and restaurants as permitted commercial uses. Therefore the application for a hotel is in compliance with the Deerfield Beach Comprehensive Plan FLU element. 2. Compliance with the Land Development Code: The parcel is zoned, COD, Cove Overlay District, per the Deerfield Beach Land Development Code and official zoning map. Per the proposed COD district s permitted uses hotels and motels would be permitted out right, however per the B-1 zoning district hotel and motels are a conditional use. 3. Finding of compatibility of a proposed development with adjacent and neighboring (500 feet) uses and zoning: Per Section 98-17 (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: The adjacent uses surrounding the parcel include Hillsboro Boulevard and the Intracoastal Waterway right- of way to the north and east, a restaurant and marina to the south, and office use to the west. As a feature parcel of the Cove Shopping Center, the proposed hotel is considered part of the Hillsboro Blvd. commercial corridor, fronting on the Intracoastal Waterway. All uses are either permitted outright or require conditional use approval. (b) Building location, dimensions, height and floor area; The maximum height for a structure in the RM-25 zoning district is 55 feet. With a building height of approxim101.3 feet, the proposed hotel s height exceeds Code by 46.3 feet. For comparison purposes, no building in the Cove shopping center exceeds two stories in height, however residential buildings located to the north on the Hillsboro canal are 70 feet in height. There are no FAR requirements in the RM-25 zoning district. August 27, 2015 Page 4 of 7 Application 14-COD-4 Revision 2
(c) Location and extent of parking, access drives and service areas; The applicant is proposing to construct a 4-level parking garage to provide parking for the restaurant and hotel. The application meets the number of required parking spaces with the application of the 1982 shopping center parking variance for the Charly s Pal restaurant parcel. The columns for the parking structure over the row of public parking reduces the number of public spaces by one. Any proposed easement agreement associated with the proposed vacation and abandonment application must address the loss of this space. (d) Traffic generation, hours of operation, noise levels and outdoor lighting; The applicant has submitted a trip generation study for the hotel as required by staff. The hotel will officially be open 24 hours a day, however without a restaurant serving the general public, hotel traffic is expected to be dispersed throughout the day with higher demand occurring at check-in and check-out times. Staff believes the majority of the trips will be from and onto Hillsboro Boulevard which is maintained by FDOT and which any new trips will be mitigated by the County at building permit approval. Trips from the proposed development should have little impact on the City s local network, and therefore a local impact traffic study will not provide any data or conclusion of significance. The site plan is not adjacent to any residential development; however single family homes are located across the Intracoastal Waterway and multi-family residential buildings are located within 500-feet of the property. (c) Alteration of light and air; There are no residential structures to the north or east of the proposed restaurant. A two story office building is located to the west. While the proposed height of the hotel is 101-feet, it is located adjacent to the 100-foot wide Hillsboro Boulevard Intracoastal ramp and bridge. (d) 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 project will require setback variances as noted above. (e) 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; Sullivan Park is located on the other side of Hillsboro Boulevard on the Intracoastal Waterway which will be redeveloped as a waterfront park connected to the parcel. As a proposed family hotel, there are no activities being proposed which will pose a significant threat to those under 18 years of age. (f) 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 pool area located on the 5 th level of the hotel, no outside activities are being proposed. (g) 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. August 27, 2015 Page 5 of 7 Application 14-COD-4 Revision 2
SUMMARY: There are two single family homes located within 500 feet from the site plan. All the single family homes are located across the Intracoastal Waterway. There are no conditions, uses or activities included with this site plan which would pose significant risks to a single family home within 500 feet of the property. Staff s review of application 04-COD-4 Revision 2 has found that the proposed project is consistent with the goals, objectives and policies of the Future Land Use Element of the Comprehensive Plan, and that the proposed use is permitted conditionally per the Land Development Code. However as noted above (see Section A), the application fails to meet several specific land development requirements and will require a number of variances from the Code to secure approval. Additionally, the approval of application 15- A-183 with an executed air rights agreement is also required as a condition of approval. City Landscape Architect The landscape plan is approved with the following conditions: 1. Per Section 98-80 (b) (1) show 5 perimeter landscape buffers on plans. 2. Per Section 98-80 (f) (2) 700 shrubs are required, 274 are provided. Add an additional 426 shrubs or groundcover to satisfy this section. 3. Per Section 98-80 (b) 25 trees are required in the property line buffers, none are provided. Add trees to the buffers to satisfy this code. 4. One interior island tree is required per Section 98-80 (c), none are provided. Add 1 tree to meet this requirement. 5. Per Section 98-80(f)(1) 7 interior trees are required, 4 are provided. Add 3 additional trees to the interior to satisfy this requirement. Note: the plan has already met the maximum number of palms the code allows on the site. 6. Per Section 98-80 (i)(1) Four (4) flowering trees are required, none are provided. Add 4 trees to meet this requirement. 7. Per Section 98-80 (j) (4) 18 trees relative to the height of the building are required, none on the plan satisfy this code. Trees are to be a minimum of 18 feet tall and palms 22 feet of grey wood. Revise the plan and plant list to showing that 18 trees meet this code requirement. 8. Per Section 98-80 (j) (5) revise spacing on shrubs to be equal to the spread. Note: Applicant has provided 60 trees ranging from 12 feet to 30 feet height underplanted with shrubs from 10 inches to 6 feet in height and approximately 6,000 square feet of sod on the Northside of the property off site to landscape this area and assist in screening of the structure. See sheet L-2 for itemized list. Environmental Services The Engineering department has denied this site plan application for the following reasons: August 27, 2015 Page 6 of 7 Application 14-COD-4 Revision 2
1. The plans show a 10 water main running north to south of said proposed project, it is incorrect as there is an existing 6 water main there. Please revise plans as needed. Also, the easement must be vacated prior to being abandoned on that portion of the 6 located within the current property. 2. There has not been a request to remove or relocate the existing sanitary main on the south side of the project, please contact engineering to discuss this. 3. The existing City lift station that serves the area may be able to handle the additional flow from the proposed development. Please contact the Engineering Division to further discuss this concern. 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 provided as required. Responsible developer/contractor must contact Engineering Department at 954-480-4270 for issuance guidelines. Recycling & Solid Waste This site plan has been reviewed by the Recycling and Solid Waste Management Department and was found to be acceptable as it relates to collection services and location of Recycling/Solid Waste receptacles. If you have any questions or concerns, feel free to contact Recycling and Solid Waste Management at 954-480-9804. Fire/Rescue This application is denied for the following reasons: 1. Site plan A1.1.01 does not match plan C-3 for backflow and FDC locations. 2. Show minimum inside turning radii of 38 feet. 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 2012, NFPA 101-Life Safety Code, Florida Edition 2012. 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. August 27, 2015 Page 7 of 7 Application 14-COD-4 Revision 2