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: August 1, 2011 Contact Person: Gerald R. Ferguson - Director of Planning & Growth Management Description: TACO BELL OF AMERICA requests to demolish a 2,826 square-foot restaurant with a drive-thru and construct a 2,745 square-foot restaurant and drive-thru as part of a 29,895 square-foot commercial complex at 50 N. Federal Highway. 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. 2011/ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA APPROVING AN APPLICATION BY TACO BELL OF AMERICA FOR A SITE PLAN MODIFICATION (08-B2-109) TO DEMOLISH A 2,826 SQUARE FOOT RESTAURANT WITH A DRIVE-THRU AND TO CONSTRUCT A 2,745 SQUARE FOOT RESTAURANT WITH A DRIVE-THRU AS PART OF A 29,895 SQUARE FOOT COMMERCIAL COMPLEX LOCATED AT 50 N. FEDERAL HIGHWAY, DEERFIELD BEACH, FLORIDA WHEREAS, the City of Deerfield Beach has received an application from JoJo s Cafe, 505 S. Federal Highway, Deerfield Beach, Florida for a site plan modification to demolish a 2,826 square foot restaurant with a drive-thru and to construct a 2,745 square foot restaurant with a drive-thru as part of a 29,895 square foot commercial complex located at 50 N. Federal Highway, Deerfield Beach, Florida; and WHEREAS, the City Commission has held all necessary hearings with regard to the application and has approved the Applicant s request; 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 City Commission does hereby approve Application 89-B2-109 for a site plan modification to demolish a 2,826 square foot restaurant with a drive-thru and to construct a 2,745 square foot restaurant with a drive-thru as part of a 29,895 square foot commercial complex located at 50 N. Federal Highway, Deerfield Beach, Florida. Section 3. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED THIS DAY OF, PEGGY NOLAND, MAYOR 1

3 ATTEST: ADA GRAHAM-JOHNSON, MMC, CITY CLERK Deerfield/Resolutions/Taco Bell Site Plan Modification.Approval 2

4 RESOLUTION NO. 2011/ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA DENYING AN APPLICATION BY TACO BELL OF AMERICA FOR A SITE PLAN MODIFICATION (08-B2-109) TO DEMOLISH A 2,826 SQUARE FOOT RESTAURANT WITH A DRIVE-THRU AND TO CONSTRUCT A 2,745 SQUARE FOOT RESTAURANT WITH A DRIVE-THRU AS PART OF A 29,895 SQUARE FOOT COMMERCIAL COMPLEX LOCATED AT 50 N. FEDERAL HIGHWAY, DEERFIELD BEACH, FLORIDA WHEREAS, the City of Deerfield Beach has received an application from Taco Bell of America (08-B2-109) for a site plan modification to demolish a 2,826 square foot restaurant with a drive-thru and to construct a 2,745 square foot restaurant with a drive-thru as part of a 29,895 square foot commercial complex located at 50 N. Federal Highway, Deerfield Beach, Florida; and WHEREAS, the City Commission has held all necessary hearings with regard to the application; and WHEREAS, the City Commission has reviewed the Application for a site plan modification, reviewed the testimony submitted, and has determined that the Applicant has not satisfied the requirements as set forth in Section 98- of the Land Development Code of the City of Deerfield Beach; 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 City Commission does hereby find that the Application for site plan modification, 89-B2-109 does not meet the site plan requirements of the Land Development Code of the City of Deerfield Beach. Section 3. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED THIS DAY OF, PEGGY NOLAND, MAYOR 1

5 ATTEST: ADA GRAHAM-JOHNSON, MMC, CITY CLERK Deerfield/Resolutions/Taco Bell Site Plan Modification.Denial 2

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9 City of Deerfield Beach DEVELOPMENT REVIEW COMMITTEE SUMMARY REPORT DEVELOPMENT PLAN APPLICATION REVIEW Application No.: 08-B2-109 Revision 3 Date: June 23, 2011 (UPDATED July 11, 2011) GENERAL INFORMATION Applicant: Taco Bell of America Agent: David Bohanon Requested Action/Description: Site plan modification to demolish a 2,826 square-foot restaurant with drivethru and construct a 2,745 square-foot restaurant and drive-thru as part of a 29,895 square-foot commercial complex. Location: 50 N. Federal Highway Legal Description: Parcels A, B & C of CENTRUM HILLSBORO. Size: 3.78-acres Existing Zoning: B-2 Existing Land Use: Commercial Future Land Use Plan Designation: Commercial

10 Deerfield Beach DRC Report Application 08-B2-109 Revision 3 June 23, 2011(Updated July 11, 2011) Page 2 Surrounding Land Use and Zoning: Existing Land Use Zoning North: Commercial Shopping Center B-1 East: Residential, Single-Family RS-5 South: Commercial B-1 West: Commercial B-2 Applicable Regulations: Deerfield Beach Land Development Code Plat Restrictions: 3,000 square feet restaurant, 30,000 square feet commercial, 5,300 square feet bank. DEPARTMENTAL COMMENTS AND REQUIREMENTS PLANNING & GROWTH MANAGEMENT 1. This is a request to demolish the existing vacant 2,826 square foot Wendy s restaurant and construct a 2,745 square foot Taco Bell with a drive-thru as part of an existing 28,895 square foot commercial complex. 2. Per Section 98-88(j)(2)(5), spillover for lighting shall not exceed one footcandle on adjacent properties. The spillover on the property line exceeds one footcandle and does not meet Code. Revise the photometric plan to meet Code. Revised : Revised to comply, maximum spillover is now 1 footcandle. 3. The landscape calculations for the overall shopping center are incorrect. Revise the calculations to reflect the correct percentage of landscape area on the site. Revised : Calculations have been revised and corrected per comment. 4. A variance was approved for this property on May 4, 2010 to allow 27,441(16.9%) square feet of landscape area rather than 32,380 square feet (20%) as required by Code. This application increases the landscape area to 30,214 square feet (18.6%). 5. The Community Appearance Board approved this application on June 8, 2011 with the stipulation that the mechanical equipment be screened from view with the parapet. Revised : Parapet has been added to the plans to screen mechanical equipment. CITY LANDSCAPE ARCHITECT The landscape plan is approved with the following conditions: 1. Per Section 98-80(q) a landscape plan and tree survey are required. Submit a complete landscape plan and tree survey, showing quantities (plant list) and locations of proposed material and sizes of existing trees/palms. Further label all trees and groundcover on the landscape plan. These items are required at a minimum to effectively review the landscape submission.

11 Deerfield Beach DRC Report Application 08-B2-109 Revision 3 June 23, 2011(Updated July 11, 2011) Page 3 2. Per Section (f)(1) there shall be 20 trees in the interior landscape 19 trees qualify. Please show at least one (1) more interior tree. 3. Add two (2) trees to the swale along Federal Highway as the site is on a major thoroughfare, per Section (o). 4. Tree mitigation calculations are required for all trees being removed from site; inch per inch replacement is required. In your re-submission please provide calculations and planting plans to indicate that mitigation is met. 5. Per Section (j)(4) 50% of required trees need to be 14 height or palms of 12 GW or greater. Twenty-five (25) are required. Please revise plan to show the 25 trees/palms (due to overage in the overall parcel, you may reduce this amount by nine (9)). Please note that palms are counted 1:1. 6. Place label on the sidewalk. 7. Show sight triangles on the landscape plan. 8. Add tree protection detail to the plan. 9. Tree removal permits are required for all tree removals, to be obtained from the Building Department. 10. Landscape permits are required before any planting occurs. Permits are obtained from the Building Department. 11. 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. 12. 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. 13. All trees adjacent to FP&L powerlines are required to comply with the FP&L Right Tree Right Place guidelines. 14. All swales are required to be sodded with St. Augustine Floratam sod and irrigated by an automatic sprinkler system with 150% coverage. 15. Landscape ordinance specifications on irrigation and installations supersede any notes on the plan. 16. All proposed and existing plant material on site must meet FL #1 standards as stated in Code. 17. 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. 19. The completed installation shall be certified by the firm providing the design, per (t). 20. Provide 2 sets of Signed & Sealed as-built plans to Planning and Growth Management Dept.

12 ENGINEERING DIVISION, PUBLIC WORKS & ENVIRONMENTAL SERVICES The above site plan is approved by the Engineering Department as submitted. Deerfield Beach DRC Report Application 08-B2-109 Revision 3 June 23, 2011(Updated July 11, 2011) Page 4 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. 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 the location of the garbage/trash containers. Construction of the refuse container enclosure and slab must comply with the City of Deerfield Beach s Manual of Standard Engineering specifications, Drawing Number If you have any questions or concern pertaining to this matter please feel free to contact Mario Reboa at FIRE/RESCUE The proposed site plan to demolish an existing restaurant and drive-thru and construct a new restaurant and drive-thru 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.

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