CITY OF DEERFIELD BEACH Request for City Commission Agenda

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1 Item: CITY OF DEERFIELD BEACH Request for City Commission Agenda Agenda Date Requested: February 7, 2012 Contact Person: Gerald R. Ferguson - Director of Planning & Development Services Description: 3901 W. Hillsboro Boulevard - McDonald's Corporation To demolish a 810 square-foot playland area and construct a 414 square-foot addition as described in the attached staff report and memorandum. Fiscal Impact: Not applicable Budget Line Item Number and Title: Not applicable Required Attachment: A Cover Memo from the Department Head to the City Manager further describing the request and providing back-up information and documents. THIS SECTION RESERVED FOR PROCESSING OF THE REQUEST Ordinance Resolution Consent Agenda Agenda Item Type Presentation Written Request Public Hearing Public Hearing Second Reading Quasi-Judicial Public Hearing General Item Comments: ITEM APPROVED FOR THE AGENDA: Signature Date

2 RESOLUTION NO. 2012/ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA, GRANTING SITE PLAN APPROVAL FOR MCDONALD S CORPORATION FOR A SITE LOCATED AT 3901 W. HILLSBORO BOULEVARD, DEERFIELD BEACH, FLORIDA, APPLICATION NO. 97-B1-135, REVISION 8. WHEREAS, the City Commission of the City of Deerfield Beach has reviewed the site plan as set forth in Application No. 97-B1-135, Revision 8 to demolish an 810 square-foot play land area and to construct a 414 square-foot addition to the existing McDonald s restaurant with an outdoor seating area and to modify the existing drive-thru lane to create a side by side drive-thru configuration located at 3901 W. Hillsboro Boulevard, Deerfield Beach, Florida; and WHEREAS, the City Commission finds that all requirements of the City Code have been met; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA, AS FOLLOWS: Section 1. The above referenced Whereas clauses are true and correct and made a part hereof. Section 2. McDonald s Corporation, Site Plan Application No. 97-B1-135, Revision 8 is hereby granted to the specific extent and subject to all the conditions in the application and departmental review comments. PASSED AND ADOPTED THIS DAY OF, ATTEST: PEGGY NOLAND, MAYOR ADA GRAHAM JOHNSON, MMC, CITY CLERK Deerfield/Resolutions/Site Plan/McDonald s Site Plan Approval

3 RESOLUTION NO. 2012/ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA, DENYING SITE PLAN APPROVAL FOR MCDONALD S CORPORATION FOR A SITE LOCATED AT 3901 W. HILLSBORO BOULEVARD, DEERFIELD BEACH, FLORIDA, APPLICATION NO. 97-B1-135, REVISION 8. WHEREAS, the City Commission of the City of Deerfield Beach has reviewed the site plan as set forth in Application No. 97-B1-135, Revision 8 to demolish an 810 square-foot play land area and to construct a 414 square-foot addition to the existing McDonald s restaurant with an outdoor seating area and to modify the existing drive-thru lane to create a side by side drive-thru configuration located at 3901 W. Hillsboro Boulevard, Deerfield Beach, Florida; and WHEREAS, the City Commission finds that the application fails to satisfy the requirements of Section of the City of Deerfield Beach Land Development Code; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA, AS FOLLOWS: Section 1. The above referenced Whereas clauses are true and correct and made a part hereof. Section 2. The McDonald s Corporation Site Plan Application No. 97-B1-135, Revision 8 is hereby denied based upon the failure to meet the requirements of Section of the City of Deerfield Beach Land Development Code; PASSED AND ADOPTED THIS DAY OF, ATTEST: PEGGY NOLAND, MAYOR ADA GRAHAM JOHNSON, MMC, CITY CLERK Deerfield/Resolutions/Site Plan/McDonald s Site Plan Denial

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5 YORKVILLE 14 GATES OF HILLSBORO ) 6 Public Notification Boundary C - 3 C NW 1 DR NW 1 DR ION ONE NW 39 WAY ) 7 NW 37 WAY PARCEL 2 NW 1 PL GATES OF HILLSBORO NW 1 PL SHOPP CENTE ) 1 GRAND UNION D LIVING LEGENDS CENTER LAKE PARCEL PARCEL A B L V D W H I L L S B O R O Subject Property DEERFIELD MALL DEER MA. Public Hearing Notice Map PARCEL A Site Plan Application 97-B1-135 Rev W Hillsboro Boulevard ELD MALL ADDITION Feet For additional information Call the Planning Department at

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11 Development Review Committee Summary Report Development Plan Application Review General Information Application No. 97-B1-135 Revision 8 Applicant: McDonald s Corporation Agent: Rosangela DeMello Requested Action/Description: Site plan modification to demolish a 810 square-foot playland area and construct a 414 square-foot addition to an existing restaurant with an outdoor seating area and to modify the existing drive-thru lane, to create a side by side drive-thru configuration. Location: 3901 W. Hillsboro Boulevard Legal Description: A portion of Parcel A, LIVING LEGENDS CENTER, more particularly described in the file. Size: 0.53-acre Existing Zoning: B1 Existing Land Use: Fast Food Restaurant Future Land Use Plan Designation: Commercial November 18, 2011 Page 1 of 6 Application 97-B1-135 Revision 8 Updated January 19, 2012

12 Surrounding Land Use and Zoning: Existing Land Use Zoning North: Restaurant B-1 East: Commercial B-1 South: Commercial B-2 West: Assisted Living Facility RM-10 Applicable Regulations: Plat Restrictions: Deerfield Beach Land Development Code Restricted to 96 sleeping rooms limited to persons 55 years & older and 65,000 sq. ft. of commercial use Department Comments & Requirements Planning & Growth Management BACKGROUND: On March 17, 1998, the City Commission granted site plan approval to construct a 4,021 square foot restaurant and drive thru as an out parcel of an existing 51,873 square-foot strip shopping center. In 1999, the site plan was furthered revised to add a second, 3076 square-foot restaurant without a drive thru (Ruby Tuesday). All businesses in the shopping center share parking, access and the dimensional requirements of the site plan such as landscape area and lot coverage. Therefore the City will review the proposed modification as a revision to the entire commercial parcel. Site Plan 97-B1-135 Revision 8 is a request to demolish the existing play land area of the restaurant and construct a 414 square-foot restaurant addition with additional outdoor seating. The revision also includes the elimination of six parking spaces so that the existing drive-thru may be expanded in a side by side configuration. All proposed improvements are part of Mc Donald s nationwide campaign to revitalize and re-image existing restaurants. The existing exterior elevations and signage for the restaurant will be changed in compliance with this campaign. SITE PLAN REVIEW COMMENTS AND REQUIREMENTS: 1. The minimum one-way drive aisle width is 15 feet. The proposed drive aisle width in the northeast corner of the parcel is 10 feet. Revise the plans to meet Code. Revised : Drive aisle increased to 15 feet to meet Code requirement. 2. It appears that the intention of the application is to separate the drive thru lanes from the general parking drive aisles by using a painted surface rather than curbing. Curbing should be used to separate the uses. Revised : Pavers added. Drive-thru lanes with painted surfaces to help define aisles. Curbing was a recommendation not a requirement. November 18, 2011 Page 2 of 6 Application 97-B1-135 Revision 8 Updated January 19, 2012

13 PLANNING CONSIDERATIONS: 1. Compliance with the Comprehensive Plan - Per Section 98-9, no permit or approval for development of land shall be approved which does not comply with the goals, objectives and policies (GOPs) of the Deerfield Beach Comprehensive Plan. The Future Land Use (FLU) Map designation for this parcel is Commercial. Commercial use areas on the FLU Map are intended for neighborhood, community and regional commercial enterprises which support the permanent and seasonal population of the City. The revised restaurant is a permitted use in the Commercial use category and supports the intent of the commercial land use category. 2. Finding of compatibility of a proposed development with adjacent and neighboring (300 feet) uses and zoning - Per Section (15), there must be a finding of compatibility as defined in the Land Development Regulations, between the adjacent and neighboring uses (300 feet) and the proposed development. As stated in the background analysis, the proposed restaurant is a component of a larger commercial complex. By definition compatibility is measured based on the following compatibility characteristics of the proposed development in relationship to the immediate surrounding area: (a) Permitted uses, structures and activities allowed within the zoning category: The proposed improvements to the restaurant use do not change the existing restaurant use. The existing restaurant use is compatible with the adjacent restaurant use and the neighborhood commercial uses located in the existing shopping center. (b) Building location, dimensions, height and floor area; The proposed improvements to the existing restaurant do not change the general building location, dimensions or height of any structures. The floor area for the restaurant actually decreases with the removal of the covered play land area. (c) Location and extent of parking, access drives and service areas; The proposed improvements no not charge the existing parking, access drives and service areas of the shopping center. However as proposed, there is concern that drive thru vehicular stacking could over flow into the general drive aisles, unless the aisles are physically separated. (d) Traffic generation, hours of operation, noise levels and outdoor lighting; The proposed 414 square-foot addition to the restaurant will not generate significant additional traffic, change the hours of operation, noise levels or outdoor lighting levels. The proposed side by side drive thru lanes should facilitate faster and better drive-thru service, helping to eliminate possible conflicts with adjacent parking areas. The existing masonry wall and landscape buffer between the commercial and adjacent residential use will remain. While expanded, the location of the existing drive thru will not change. It should be noted that a major retention pond separates the residential development from the commercial use. The residential building is located almost 400 feet away from the restaurant property. (e) Alteration of light and air; The proposed improvements reduce the volume of the building with the elimination of the play land area. Existing light and air flow patterns to adjacent November 18, 2011 Page 3 of 6 Application 97-B1-135 Revision 8 Updated January 19, 2012

14 properties will not be diminished with the construction of the proposed improvements. (f) Setbacks and buffers Fences, walls, landscaping and open space treatment. To be compatible, design treatments must reflect consideration of adjoining and surrounding development and land use. The proposed improvements do not change the existing west and south landscape buffers, or the building setbacks from these property lines. The proposed addition is located interior to the parcel away from any residential development. The existing 6-foot high masonry wall and landscape buffer will remain. While not located on the subject property, a large retention pond separates the residential build from the restaurant providing a substantial buffer. The revised elevations, colors and signage modernize the building and are compatible with the new image for the shopping center. SUMMARY: Staff s review of application 97-B Revision 8 has found that the proposed project is compatible with adjacent uses and provides appropriate building design, setbacks and landscape buffering that is the intent of the Land Development Regulations. Therefore staff would support a recommendation from the Planning and Zoning Board to approve the site plan with conditions, and find application 97-B1-135 Revision 8 to be consistent with the goals, objectives and policies of the Deerfield Beach Comprehensive Plan. City Landscape Architect The landscape plan is approved with the following conditions: 1. Per Section (i)(1), three (3) flowering trees are required on the site. Adjust plan and plant list to reflect this quantity. 2. Eleven (11) native trees are required on the site, only seven (7) are shown. Per Section (i)(3) show an additional four (4) trees on the plan and plant list. 3. Per Section (f)(1) one tree must be placed for each 30 lineal feet on the periphery of the property (excluding driveways). Add one (1) tree to the south property line. 4. All dead and dying material is to be removed and replaced, to this end remove existing dead tree (adjacent to Hillsboro Blvd. property line) and replace it with another of like form and mature canopy. 5. The Oak tree s proposed location is too close to an existing Mahogany tree. Either remove the existing tree, which is in fair condition, or suggest a new location on site for the tree. 6. Trees with columnar growth habit are highly recommended in lieu of the Ligustrum trees proposed along the drive aisle as they may become a hazard and maintenance problem. 7. Tree removal permits are required for all tree removals, to be obtained from the Building Department. November 18, 2011 Page 4 of 6 Application 97-B1-135 Revision 8 Updated January 19, 2012

15 8. Landscape permits are required before any planting occurs. Permits are obtained from the Building Department. 9. Trees are to be planted at a depth so that the root-flare and top of first order root(s) are fully visible, with 10% of the height of the rootball above grade. Reflect this in planting detail. 10. An irrigation plan and specifications for the system must be included with the landscape plans when submitting for permit. The irrigation system shall be designed to have a minimum of 150% coverage. The system must include a rain sensor. 11. All trees adjacent to FP&L powerlines are required to comply with the FP&L Right Tree Right Place guidelines. 12. All swales are required to be sodded with St. Augustine Floratam sod and irrigated by an automatic sprinkler system with 150% coverage. 13. Landscape ordinance specifications on irrigation and installations supersede any notes on the plan. 14. All proposed and existing plant material on site must meet FL #1 standards as stated in Code. 15. All landscape plant materials, installation, maintenance and preservation shall be in accordance with the City of Deerfield Beach Land Development Code, Section and It is required that the landscape contractor schedule an on-site pre-construction meeting with the City Landscaper. 17. The completed installation shall be certified by the firm providing the design, per (t). 18. Provide 2 sets of Signed & Sealed as-built plans to Planning and Growth Management Dept. Revised : The revised landscape plan is approved as submitted. Engineering Division, Public Works & Environmental Services This site plan is not approved by the Engineering Department until the following condition is met: Per the City code, the minimum width on a one-way drive aisle is 15 wide, please rectify from 10 width on the proposed plans. Revised : The revised site plan 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 Engineering permit process, further engineering review will be made and comments provided as required. November 18, 2011 Page 5 of 6 Application 97-B1-135 Revision 8 Updated January 19, 2012

16 For issuance guidelines and further information, please contact the Engineering Department at Sanitation Division, Public Works & Environmental Services Approved as submitted. Fire/Rescue The proposed site plan to demolish an 810 square-foot playland area and construct an outdoor seating area is approved as submitted. A complete set of permitted plans must be submitted for review and approval prior to all construction. All permitted plans must comply with Broward County Local Amendments to the Florida Fire Prevention Code, NFPA 1-Uniform Fire Code, Florida Edition 2007, and NFPA 101-Life Safety Code, Florida Edition This report contains the requirements of the Deerfield Beach Development Review Committee members relative to this site development plan application. If there are any questions or issues regarding compliance with any of the requirements in this report, the respective department should be contacted directly. November 18, 2011 Page 6 of 6 Application 97-B1-135 Revision 8 Updated January 19, 2012

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