AGENDA PLANNING AND ZONING BOARD CITY OF DEERFIELD BEACH, FLORIDA July 7, 2011

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1 AGENDA PLANNING AND ZONING BOARD CITY OF DEERFIELD BEACH, FLORIDA July 7, 2011 The following is the agenda of a regular meeting of the Planning and Zoning Board of the City of Deerfield Beach, a municipal corporation of Florida, to be held on Thursday, July 7, 2011, at 7:00 p.m. in the City Commission Chambers, City Hall, 150 N.E. 2 nd Avenue, Deerfield Beach, Florida A. CALL TO ORDER AND ROLL CALL B. APPROVAL OF MINUTES June 2, 2011 C. OLD BUSINESS 1.) PUBLIC HEARING APPLICATION 11-B2-110 (tabled at the June 2, 2011 P&Z meeting) Applicant: DEERFIELD FLORIDA HOUSE, by Emilio Lebolo Proposal: Site plan to convert an existing retail building to a detoxification facility. Location: The property is described as a portion of Section 6, Township 48 South, Range 43 East, more particularly described in the file, located at 504 S. Federal Highway. D. NEW BUSINESS 2.) PUBLIC HEARING APPLICATION 11-A-178 Applicant: JOSEPH WILLIAMS Proposal: To vacate and abandon a 5,432 square-foot portion of N.E. 1 st Street. Location: A portion of N.E. 1 st Street, lying west of NE 5 th Avenue and contiguous to Lots 8 and 9, Block 7 and Lots 1 and 2, Block 10, DEERFIELD DEVELOPMENT & LAND COMPANY SUBDIVISION, more particularly described in the file. 3.) PUBLIC HEARING APPLICATION 11-P-188 Applicant: NRG 747, LLC, by Jane Storms Proposal: To plat a 3.19-acre parcel to be known as the CENTRUM FEDERAL PLAT. Location: A portion of Section 6, Township 48 South, Range 43 East, more particularly described in the file, located at 747 S. Federal Highway. 4.) PUBLIC HEARING APPLICATION 08-B2-109 REVISION 3 Applicant: TACO BELL OF AMERICA, by David Bohanon Proposal: Site plan modification 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. Location: A 3.78-acre parcel described as Parcels A, B, and C of CENTRUM HILLSBORO AT FEDERAL HIGHWAY, located at 50 N. Federal Highway. 5.) PUBLIC HEARING APPLICATION 11-CF-38 Applicant: CRYSTAL LAKE GOLF CLUB, LLC, by Dennis Mele Proposal: Site plan approval to construct a phased, cemetery/memorial garden and funeral home complex. The completed complex will consist of the following: 1.) a 20,120 square-foot funeral/crematory building, 2.) a 3,600 square-foot maintenance building, 3.) eight (8) mausoleum buildings, totaling 162,197 square feet; 4.) eight (8) mausoleum garden

2 Planning and Zoning Board Meeting July 7, 2011 Page 2 Location: buildings totaling 70,030 square feet, 5.) a lawn cemetery containing 5,015 flush memorials, 6.) a monumental cemetery containing 4,455 upright memorials, 7.) a pet cemetery, 8.) a cremation garden, and 10.) ten (10) estate mausoleums. A 47-acre parcel described as Parcel Y, CRYSTAL LAKES 4 th SECTION, located at 1391 N.W. 45 th Street. E. CHAIRMAN S REPORT F. MEMBERS REPORT(S) G. ADJOURNMENT Any person wishing to appeal any decision made by the Planning and Zoning Board with respect to any of the above, will need a record of the proceedings and for such purpose, may need to insure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. The above notice is required by State law (FS ) Anyone desiring a verbatim transcript shall have the responsibility, at his/her own expense, to arrange for the presence at the hearing of a certified court reporter. A full transcript of the proceedings will be needed in order to appeal any decision of the Board. All interested parties may present testimony relevant to the applications and participate in the proceeding. Further information may be obtained from the Planning Office during business hours in City Hall. If anyone requires auxiliary aids for communication, please call (954) Publish: Sun Sentinel June 24, 2011 Gerald R. Ferguson, AICP Director of Planning & Growth Management

3 PLANNING AND ZONING BOARD CITY OF DEERFIELD BEACH, FLORIDA June 2, 2011 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 Chairwoman, Linda Mooney. Roll Call showed: CALL TO ORDER AND ROLL CALL Present: Linda Mooney, Chairwoman Robert Brown Todd Drosky Alphonso Nero Ray Lavoie, Alternate Also Present: Jerry Ferguson, Director of Planning and Growth Management Marcia Stevens, Senior Planner Andrew Maurodis, City Attorney Vernadette Fuller, Minutes Secretary Absent: Gerald Alter School Board Representative SEATING OF ALTERNATES Mr. Lavoie was seated to serve at tonight s meeting. APPROVAL OF MINUTES OF PREVIOUS BOARD MEETING Mr. Brown made a motion second by Mr. Drosky to approve the minutes of April 7, The motion carried unanimously. OLD BUSINESS NONE NEW BUSINESS

4 PLANNING AND ZONING BOARD MINUTES June 2, 2011 PUBLIC HEARING APPLICATION 11-R-164 Applicant: CRYSTA LAKE GOLF CLUB, LLC, by Dennis Mele Proposal: To rezone a 47-acre parcel with multiple zoning designations as follows: 1) acres from RM-16c, Residential Multi-Family to Community Facility; 2) acres from D-1c, Special One-Family District to Community Facility; and 3) acres from Open Space and Public Recreation to Community Facility. Location: The property is described as a Parcel Y of CRYSTAL LAKE 4 TH SECTION and a portion of Tract IIIA, CRYSTAL LAKE 3 RD SECTION, more particularly described in the file, located at 1391 N.W. 45 th Street. Jerry Ferguson, Director of Planning and Growth Management, stated that this property is a portion of the former Tam O Shanter Golf Course that was before the Board a few months ago. He said that the zoning was changed from Commercial Recreation to Community Facility and the applicant has stated that the property will be developed as a cemetery. He said that the Community Facility is the correct zoning for a cemetery and is consistent with the Land Use Plan Amendment. He noted that the City Commission s approval is needed and the effective of the Ordinance will not take place until the Land Use Amendment is effective. He added that the City is expected to adopt a land use plan amendment for this parcel in August to change the land use designation to Community Facility. The Planning and Growth Management Department has no objections to this request. CITY LANDSCAPE ARCHITECT - Approved as submitted. ENGINEERING DIVISION, PUBLIC WORKS & ENVIRONMENTAL SERVICES - Approved as submitted. SANITATION DIVISION, PUBLIC WORKS & ENVIRONMENTAL SERVICES - Approved as submitted. FIRE/RESCUE - Approved as submitted. Hope Calhoun, Attorney, Ruden Mc Closky, 200 East Broward Boulevard, Fort Lauderdale, representing the applicant, advised that this application is another step toward the eventual development of the cemetery on this parcel. Mr. Drosky asked if this includes the entire parcel. Attorney Calhoun replied no, only 47-acres. Chairwoman Mooney asked when the site plan will be on the agenda. Mr. Ferguson replied in July. Chairwoman Mooney invited the public to speak for or against the application. No one came forward. Motion was made by, Mr. Drosky, and second by, Mr. Brown to close the public hearing. The motion CARRIED unanimously. Motion was made by, Mr. Brown and second by, Mr. Drosky to approve Application 11-R-164. The motion CARRIED unanimously. 2

5 PLANNING AND ZONING BOARD MINUTES June 2, 2011 PUBLIC HEARING APPLICATION 11-R-165 Applicant: CITY OF DEERFIELD BEACH Proposal: To rezone a gross acre parcel with multiple zoning designations as follows; 1) 0.05-acre parcel from D-1c, Special One-Family District to S, Open Space and 2) acre parcel from Open Space and Public Recreation to S, Open Space. Location: The property is described as Parcel X of CRYSTAL LAKE 4 th SECTION, located at 1085 N.W. 45 th Street. Jerry Ferguson, Director of Planning and Growth Management, advised that this application is the other half of the Tam O Shanter Golf Course property that is being voluntarily donated to the City to use as a park. He stated that the City is expected to adopt a land use plan amendment for this parcel in August to change the land use designation to Recreation, Open Space. The rezoning of this parcel will not be in effect until the land use plan amendment is adopted. The Planning and Growth Management Department has no objections to this request. CITY LANDSCAPE ARCHITECT - Approved as submitted. ENGINEERING DIVISION, PUBLIC WORKS & ENVIRONMENTAL SERVICES - Approved as submitted. SANITATION DIVISION, PUBLIC WORKS & ENVIRONMENTAL SERVICES - Approved as submitted. FIRE/RESCUE - Approved as submitted. Chairwoman Mooney invited the public to speak for or against the application. Rita Reagan, 1216 N.E. 48 th Place, asked if the land has already been turned over to the City. Attorney Maurodis replied no, the applicant has authorized the City to apply for the rezoning. The owner of the property confirmed, for the record, that he has authorized the City to make application. Mr. Ferguson said that any City has the right to rezone property without the owner s permission, however, they have to go through the proper procedures. Attorney Maurodis agreed with Mr. Ferguson s statement. Motion was made by, Mr. Drosky, and second by, Mr. Brown to close the public hearing. The motion CARRIED unanimously. Motion was made by, Mr. LaVoie, and second by, Mr. Drosky to approve Application 11-R-165. The motion CARRIED unanimously. PUBLIC HEARING APPLICATION 05-B1-178 REVISION 5 Applicant: DEERFIELD ASSOCIATES, LTD., by SC-Powerline, LLC Proposal: Site plan modification to demolish two existing commercial buildings totaling 8,777 square feet and construct one 16,510 square foot commercial building. Location: The property is described at a 5.89-acre parcel describ3ed as Parcel A of the D.C. PHILLIPS SUBDIVISION plat, together with Parcel B of the NEASHAM PLAT, located at 120 S. Powerline Road. 3

6 PLANNING AND ZONING BOARD MINUTES June 2, 2011 Marcia Stevens, Senior Planner summarized the application and advised that 31 property owners were notified and 0 letters were returned undeliverable. No letters of objection or approval were received. This is a request to demolish the existing Shorty s restaurant building and the existing vacant Burger King building and construct a 16,510 square-foot Walgreen s building. It is our understanding per conversations with the applicant, that this property will be sold and there will be two owners for the properties on this site plan. Walgreens will move from the Deerfield Mall to the new location. The site plan will remain the same and there will be a total of 3 buildings. Agreements for landscaping, maintenance, cross-access and cross-parking must be in place prior to issuance of a building permit. The Community Appearance Board approved this application on April 13, 2011 with the stipulation that the elevations be revised to mirror the Walgreens at 1025 E. Hillsboro Blvd. with an additional southwest tower with shutters, banding, etc. and a stipulation that 8 crepe myrtles on the east property line be replaced with live oaks. CITY LANDSCAPE ARCHITECT - Approved as submitted. ENGINEERING & UTILITIES - The above site plan is approved by the Engineering Department as submitted. However, Engineering would not object if the one-way entrance from Powerline remains open or is to be proposed closed. 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. SOLID WASTE OPERATIONS DIVISION, PUBLIC WORKS - The above 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 If you have any concern pertaining to this matter please feel free to contact Mario Reboa at FIRE/RESCUE - The proposed site plan is approved as submitted with the following conditions: Please make sure that the FDC complies with Section of the NFPA 1, Uniform Fire Code. A complete set of permitted plans must be submitted for review and approval prior to all construction. Mr. Lavoie asked if the one-way entrance on Powerline Road can be closed. Ms. Stevens replied that any entrance can be closed. She added that this is a legal one way entrance and the City wants to make sure it is interpreted that way for the public. Chairwoman Mooney asked if the applicant has applied for the engineering permit. Ms. Stevens replied no, they can t apply until they have detailed drawings. Richard Tesa, Spring Hill Drive, Spring Hill, FL, advised that they concur with staff s recommendations. He said that the trash compactor and the other small storage containers will be per the standards of the City. Patrick Pedrume, Real Estate One, 100 Main Street, Safety Harbor, Fl, stated that the compactor will be concrete block with a stucco finish. Mr. Drosky noted that there are other complexes near Walgreens that are prone to have trash. 4

7 PLANNING AND ZONING BOARD MINUTES June 2, 2011 Mr. Tesa said that Walgreens gate is usually locked and they will provide a vinyl or slated gate. Mr. Drosky asked for details regarding the landscape plan at the entrance off Hillsboro Boulevard and asked if there will be Cabbage Palms. Mr. Tesa replied that they have proposed to install 6 Cabbage Palms and 3 Live Oak trees between the two drive aisles off of Hillsboro Boulevard. Mr. Pedrume pointed out that they added the 4-inch caliber Live Oak trees to the south per the Community Appearance Board s request. Mr. Drosky asked what trees will be installed to the west of the retention pond. Mr. Ferguson replied Bald Cypress trees. Mr. Drosky acknowledged his disappointment with the landscape plan and said that the entrances and medians to the neighborhoods in Deer Creek are lined with Royal Palm trees. Also, he was not sure that the landscape plan fits with the continuity of the area. Mr. Pedrume stated that all of the existing landscaping off Powerline Road will remain. Mr. Tesa stated that their landscape architect and the City s architect reviewed the plan and special attention was paid to the existing landscape at the adjacent plaza. Mr. Drosky stated that the storage facility has Royal Palms on the north and west sides. Mr. Tesa and Mr. Pedrume both agreed to add a cluster of Royal Palm trees at the Powerline Road entrance. Mr. Drosky asked that the Cabbage Palms be replaced with Royal Palms in the parking island. Mr. Pedrume replied that the parking island to the east will have 3 Live Oak trees and 4 Royal Palms. In response to Chairwoman Mooney, Mr. Ferguson responded that the City Commission is sovereign and they have the option to approve any changes to the landscape plan or they can send it back to the Community Appearance Board for review. Mr. Drosky noted that he would like to see something other than the Sable Palms on the south side because there may be problems with them. Mr. Pedrume stated that maybe one Royal Palm will fit into the parking island to the south; however, there is an existing one off the property line to the south. Chairwoman Mooney invited the public to speak for or against the application. 5

8 PLANNING AND ZONING BOARD MINUTES June 2, 2011 Cathy Maggie, 125 S.W. 34 th Avenue, stated that she lives behind the proposed property. She said that the owners do not take care of the retention pond on the south side. She said that the new retention pond will be more visible and it should be maintained and built correctly. She added that the Cypress trees around the retention pond are not maintained properly and asked if the only common exit is between Walgreens and the storage facility. Mr. Ferguson replied that the cars can go north to Hillsboro Boulevard or through the existing center. Ms. Maggie said that this will be tight and asked why trees are only being installed on the east side of the retention pond. She also said that it will be very noisy when Shorty s is torn down and the dust will blow everywhere. Motion was made by, Mr. Drosky, and second by, Mr. Brown to close the public hearing. The motion CARRIED unanimously. Mr. Tesa stated that Walgreens is a stickler for maintaining their sites and want to be a good neighbor and partner. He commented that the retention pond will be designed to meet all of the current standards of the SFWMD and the City. He added that there will be demolition and construction and dust control is required under Federal Law and the contractor will make sure this is done correctly. He also said that the Cypress trees will be installed per the architect s recommendation. Mr. Drosky asked why the east and north sides of the retention pond are not landscaped. He noted that the retention pond across the street where Ross and Michael s is located constantly has debris and garbage in it. He asked if it is possible to landscape the retention pond to prevent the same thing from happening across the street. Mr. Pedrume stated that FDOT informed them that they need to provide cross access to 7-11 on the north side for future development, thereby eliminating their nonconforming entrance. Mr. Drosky asked if the easement would be relocated further south preventing landscaping of the north side of the retention pond. Mr. Pedrume replied that they cannot relocate the driveway access further north. He said that Walgreens has an issue with visibility on the east side; however some low hedges can be installed in this area. Chairwoman Mooney asked what will be done to maintain the retention pond. Mr. Tesa replied that the lawn will be manicured. Chairwoman Mooney asked who was responsible for maintaining the retention pond prior to Walgreens. Mr. Tesa replied Burger King. 6

9 PLANNING AND ZONING BOARD MINUTES June 2, 2011 Motion was made by, Mr. Drosky, and second by, Mr. Brown to approve Application 11-R-165 with the following recommendations: 1) the applicant to meet with the City s Landscape Architect to upgrade the landscaping of the retention pond without interfering with sight lines adding additional Bald Cypress to the north and east of the retention pond; 2) replace the Cabbage Palms on the south side of the drive with Royal Palms; 3) evaluate the Magnolias along the drive on the east side of the parcel replace with Royal Palms; 4) see if Royal Palms can be installed on the south side of the parcel where the cluster of Sable Palms are located and any hedging that can be put along the retention pond in addition to the Cypress tree to prevent debris from accumulating. The motion CARRIED unanimously. PUBLIC HEARING APPLICATION 11-B2-110 Applicant: DEERFIELD FLORIDA HOUSE, by Emilio Lebolo Proposal: Site plan to convert an existing retail building to a detoxification facility. Location: The property is described as a portion of Section 6, Township 48 South, Range 43 East, more particularly described in the file, located at 504 S. Federal Highway. Marcia Stevens, Senior Planner summarized the application and advised that 31 property owners were notified and 2 letters were returned undeliverable. No letters of objection or approval were received. This is a request to renovate an existing cigar store and alcoholic beverage establishment into a 12 room, substance abuse treatment facility. The facility will be operated in conjunction with the Florida House residential facility located at 809 Southeast 5 th Court. The Community Appearance Board approved this application on April 13, 2011 as submitted. CITY LANDSCAPE ARCHITECT - Approved as submitted. Tree removal permits are required for all tree removals, to be obtained from the Building Department. Landscape permits are required before any planting occurs. Permits are obtained from the Building Department. 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 root ball above grade. 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. All trees adjacent to FP&L power lines are required to comply with the FP&L Right Tree Right Place guidelines. All swales are required to be sodden with St. Augustine Floratam sod and irrigated by an automatic sprinkler system with 150% coverage. Landscape ordinance specifications on irrigation and installations supersede any notes on the plan. All proposed and existing plant material on site must meet FL #1 standards as stated in Code. 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 preconstruction meeting with the City Landscaper. The completed installation shall be certified by the firm providing the design, per (t). Provide 2 sets of Signed & Sealed as-built plans to Planning and Growth Management Dept. ENGINEERING & UTILITIES - The above 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 the Engineering permit process, further engineering review will be made and comments provide as required. Responsible developer/contractor must contact Engineering Department at for issuance guidelines. SOLID WASTE OPERATIONS DIVISION, PUBLIC WORKS - The above 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. 7

10 PLANNING AND ZONING BOARD MINUTES June 2, 2011 Construction of the refuse container enclosure and slab must comply with the City of Deerfield Beach s Manual of Standard Engineering specifications If you have any concern pertaining to this matter please feel free to contact Mario Reboa 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-Uniform Fire Code, Florida Edition 2007, and NFPA 101-Life Safety Code, Florida Edition Scott Backman, 5355 Town Center Road, Boca Raton, representing the applicant, advised that they are renovating the interior of the building and their proposal includes housing individuals that have problems with alcohol and drug abuse. He said that they will operate in affiliation with Florida House on the west side of Federal Highway. He noted that the facility will be licensed and regulated by the State of Florida and the project fully meets the Code requirements. Lastly, he said that individuals will be brought to the facility by a third party. Mr. LaVoie stated S.E. 4 th Court is heavily populated with children and he cannot justify putting their safety at risk. Chairwoman Mooney asked if any individuals will live at the detox facility. Mr. Backman replied that this is a 24/7 voluntary detox facility and individuals are housed 3-5 days to go through a medical process to rid their bodies of drugs or alcohol. After which, he said that the individuals are transported by a third party to a rehabilitation facility. Chairwoman Mooney asked where the people come from. Mr. Backman replied all over the country and feels there are not enough of these facilities that are run properly. He acknowledged that the facility will be contained and secure. He said that Florida House is a step up from this facility and they are located across the street on the west side of Federal Highway. He noted that the Florida House has been in the same location for a number of years and is surrounded by a residential community. He said that he understands the concern of the residents and is not trying to diminish their concerns. Mr. LaVoie stated that individuals volunteer to go into facility but what happens if the person wants to leave. Mr. Backman replied that it is a sign in and out process and persons can leave whenever they want. Chairwoman Mooney asked if the individuals will be allowed to go to the restaurant next door and if there are kitchen facilities. Mr. Backman replied that they are allowed out but not past their property and food is brought in to them. He also said that the individuals may have IV s, thereby, allowing them to be monitored to make sure they are getting the property nutrients. 8

11 PLANNING AND ZONING BOARD MINUTES June 2, 2011 Hymie Mayor, Designer, 1311 Newport Center Drive, commented that there is an activity room where individuals can sit and have their meals. He said that food will not be cooked on site, but brought in. Chairwoman Mooney asked if they are allowed visitors. Mr. Backman replied no. Chairwoman Mooney asked how many beds there are and if men and women will be allowed at the facility. Mr. Backman replied there are12 rooms, 24 beds and men and women are allowed. Mr. Nero asked what type of security is on site. Mr. Backman replied that there are 4 nursing support staff at all times, one doctor during the day and one doctor is on call 24-hours per day. He said that any area beyond the sitting area has an alarm and is monitored. Mr. Brown asked if there will be security guards on staff. Mr. Backman replied no. Chairwoman Mooney asked if individuals with felony records will be allowed at the facility Mr. Backman replied he does not know. Mr. Drosky asked if the applicant will meet the requirements outlined by the landscape architect and CPTED to install closed circuit monitoring and the 2 foot candle power. He also asked what the applicant intends to do as it relates to the crime prevention strategies. Mr. Backman replied yes, they will adhere to the requirements of the landscape architect. He said that use is entirely internal to the building and he is not sure what additional strategies are required to prevent crime. Mr. Drosky said that the crime prevention strategies are also in place to prevent individuals in the facility from being victimized. Chairwoman Mooney asked if a 4-foot CVS wall will be installed in the back. Mr. Backman replied that the plans indicate it will be a 6-foot pre-engineered wall to be installed around the entire perimeter. Chairwoman Mooney asked if an 8-foot wall could be installed. Mr. Ferguson replied that the minimum is 6 feet and the maximum is 8 foot. 9

12 PLANNING AND ZONING BOARD MINUTES June 2, 2011 Mr. Drosky asked what height is the wall at Little Harbor. Mr. Ferguson replied the City Commission requested that a 10-foot be installed at that location. Mr. Backman said that he does not think there will be a problem; however, he will confer the Board s recommendations to his client prior to the City Commission meeting. Chairwoman Mooney asked if there is landscaping in front of the wall. Mr. Mayor replied that they only have 2-feet of space in which to put the landscape buffer inside the wall. Chairwoman Mooney asked what the distance is from the residential properties. Mr. Ferguson replied that there is one home behind the facility. Chairwoman Mooney invited the public to speak for or against the application. Gretchen Thomas, 934 S.E. 5 th Street, representing the neighbors, said that they are not against people getting help, but feel this is not the proper location. She stated that the website outlines the services they provide; The Florida House Experience offers a continuum of comprehensive addiction treatment programs and long term rehabilitation services to men and women seeking treatment for drug and alcohol addiction as well as dual diagnosis. Our treatment programs are based on a long term approach, reflecting our philosophy that recovery consists of multiple phases, including safe and medically monitored detox, a gradual transition to lower levels of drug rehab care, and ultimately sober living. Our goal is to provide the highest level of quality care at an affordable price, across the continuum of care. We have a proven track record of helping thousands of struggling addicts and alcoholics, just like you, achieve and sustain long term sobriety. We offer multiple levels of care and unique programs, all of which combine intensive and extensive substance abuse and dual diagnosis treatment within a nurturing, support-based, sober living environment. The Florida House Experience treatment phases include: Our state-of-the-art medically supervised detox program is managed by a sophisticated cadre of clinical and medical professionals who will tailor your detox program to your individual needs and provide you with the tools and resources you need to effectively combat your chemical dependency, and manage your withdrawal symptoms in a comfortable, safe and nurturing environment. Medical professionals declare an individual with dual diagnosis when a mental health disorder is identified as co-occurring with the individual s substance abuse. Substance abuse includes drug abuse, drug addiction, alcohol abuse, and alcoholism. A mental health disorder mental illness or mental addiction is a psychological disorder or psychiatric disease. An individual with a mental health disorder in addition to their drug addiction or alcoholism is said to have a dual diagnosis. Dual diagnosis can also be referred to as co-occurring disorders, concurrent disorders, or co-morbid disorders. Dual diagnosis includes a range of mental illnesses such as depression, anxiety, bipolar disorder and other mood disorders, eating disorders, and personality disorders. Both chemical dependence 10

13 PLANNING AND ZONING BOARD MINUTES June 2, 2011 mental, emotional, and psychological dependence and physical dependence affect a person with dual diagnosis of co-occurring disorders. This dual diagnosis can be made up of many different combinations of co-occurring disorders and substance abuse patterns. For example, an individual might abuse more than one type of drug, making dual diagnosis a more complex process. The focus of dual diagnosis is then to identify associated, or concurrent, mental illnesses with an individual s substance abuse in a manner that is conducive to comprehensive addiction treatment for both the emotional and psychological illness and chemical and physical dependency to ensure addiction recovery. Signs and Symptoms of Dual Diagnosis and Co-Occurring Disorders An individual suffering from drug addiction and/or alcoholism may exhibit behavior indicative of co-occurring disorders and dual diagnosis. Symptoms of alcoholism and drug addiction that can be co-occurring with schizophrenic behavior, depression, anxiety, bipolar disorder, eating disorders, or other personality disorders can include behaviors such as: Aggression Abrupt changes in attitude Erratic mood swings Anger and violent outbursts Social isolation Lying and stealing Poor personal hygiene Other high risk behavior Continuing, Ms. Thomas stated that she is surprised that this type of facility is allowed in a zoning that borders residential properties. She pointed out that her home is behind Brook s parking lot and they have a handicap daughter and three other children. She stated that there are many families with young children that are in their neighborhood. She pointed out that there is a seating area with tables and chairs in the back of the detox facility next to the wall and their homes. She said that the facility has not been approved by the State yet, but once they are, they have 90 days to get clients. She acknowledged obtaining police records for Florida House over the past 8 years and found out that calls to their property have gone down. She spoke with Mayor Peggy Noland and was told that they basically have no choice but to allow this facility in their community. She requested that security guards be placed at the facility and reiterated that the use is not internal to the facility, if the clients will be allowed in the seating areas outside. Natenya Dully, 940 S.E. 6 th Street, stated that she has lived in her home for 9 years and crime has increased significantly. She noted that her home along with several others was broken into last July. She said that some of the things said about the detox facility are hypocritical because individuals are court mandated through the Baker and Marchman Acts to go into these facilities. She said that people do voluntarily go into the facilities, but she would like to know what the success rate is. She added that drug abuse has touched her family and she will not have the ability to protect her 6 year old daughter. She said that drug dealers will have access to their backyards and the wall at the facility.. Lastly, Deerfield Beach is a wonderful area and the drug problem extends across the United States, but she does not want the detox facility in her 11

14 PLANNING AND ZONING BOARD MINUTES June 2, 2011 backyard. She finds it appalling that someone she voted for feels that the City will get sued if this facility is not allowed in the area. Former Commissioner, Don Thomas, 1006 S.E. 6 th Street, congratulated the Board members for carry the meeting in a professional manner. He stated that his grandson lives at 934 S.E. 5 th Street (on the other side of the wall) and he spoke with Attorney Maurodis who informed him the detox facility is a permitted use. He said that this issue will have to be argued in court. He said that there is a place and need for this type of facility, but not abutting single family homes. He asked if this facility is permitted in a B-2 zoning without City Commission approval. Attorney Maurodis replied that there are uses in each zoning district that are either permitted, conditional and prohibited. He said that the application being discussed is a permitted use assuming they meet the criteria. He acknowledged that the site plan does need City Commission approval. Ms. Thomas asked if there is a requirement that this facility has to be a certain distance from a school. Mr. Ferguson replied no, however, there is a 1,000 feet distance requirement between substance abuse facilities. Ms. Thomas said that may be the City needs to rewrite the Code. Donna Highley, 1596 N.E. 5 th Street, asked if a convicted sex offender or sexual predator is permitted to receive care at the detox facility and if they are required to register as such. Clayton Thomas, 934 S.E.5 th Street, asked what the prohibited uses are in a B-2 zoning. Mr. Ferguson replied that the Code is written in such a way that if as use is not listed as permitted or conditional, then it is prohibited. Cathy Maggie, 125 S.W. 34 th Avenue, stated she has family members to detox facilities and it is difficult. She said that people will be brought in 24/7 and she has never seen this type of facility so close to a residential neighborhood. She added that the residents should be concerned about the dynamics that come with this type of facility and asked the Board members to be very careful when making a decision. Motion was made by, Mr. Brown, and second by, Mr. Drosky to close the public hearing. The motion CARRIED unanimously. Chairwoman Mooney acknowledged Commission Ganz presence at the meeting. Mr. Backman reiterated that they understand the concerns of the residents and he spoke with of them after the last meeting and educated them on this of facility. He pointed out that those individuals are not present tonight. For the record, he submitted a copy of the zoning 12

15 PLANNING AND ZONING BOARD MINUTES June 2, 2011 confirmation from the City indicating that the facility is a permitted use. He said that they are willing to meet with residents to discuss anything they are concerned about. Chairwoman Mooney said that it would have been good for the owner to be present at the meeting. Mr. Backman noted that this is a private facility and they do not accept court ordered individuals. He said that he cannot say whether or not violent criminals or sexual predators will be allowed at the facility. Mr. Drosky did not feel there are enough answers to move the application forward and asked that staff review this application from a compatibility standpoint to its surroundings. Chairwoman Mooney acknowledged that one of residents said there is an outdoor seating area and asked for clarification. Mr. Backman replied that there is an outdoor seating area that will be monitored by the nurses and the individuals are not allowed to freely mingle outside. He also said that individuals brought to this facility may be diagnosed with other issues, but the detox facility is primarily for drug and alcohol abuse. Motion was made by, Mr. Drosky, and second by, Mr. Lavoie to table Application aa-b2-110 to the July 7, 2011 meeting. The motion PASSED 3-2. Mr. Brown and Mr. Nero voted NAY. PUBLIC HEARING APPLICATION 84-B3-18 REVISION 5 Applicant: DOUBLE EAGLE DISTRIBUTION, by Joseph Horsfall Proposal: Site plan modification to construct a square-foot warehouse addition.to a existing 76,010 square-foot distribution facility. Location: The property is a 6.14-acre parcel described as a portion of the N ½ of Government Lots 1 and 2, and a portion of the NE ¼ both of Section 2, Township 48 South, Range 42 East and a portion of Parcel D SEABOARD SYSTEM RAILROAD PLAT, more particularly described in the file, located at 50 Lock Road. Marcia Stevens, Senior Planner summarized the application and advised that 13 property owners were notified and 0 letters were returned undeliverable. No letters of objection or approval were received. This is a request to construct a 13,113 square-foot warehouse and loading addition to an existing beer distribution facility. The proposed project data chart is not accurate as it relates to past approved revisions. Revise the chart per the Planning Department s calculations for consistency. The Community Appearance Board approved this application on May 11, 2011 as submitted. CITY LANDSCAPE ARCHITECT - The plan has been approved with the following conditions: - An existing tree survey showing species, size, caliper and location is required as part of the landscape submittal. - Apply for tree removal permit at the Building Division for trees identified for removal. - Trees identified for removal must be mitigated for. Mitigation is inch per inch and is an addition to the total tree requirement. - Landscape on the north property line is not labeled. Add tree protection detail for existing tree in the construction zone. Show sign triangles on the plan. Tree 13

16 PLANNING AND ZONING BOARD MINUTES June 2, 2011 removal permits are required for all tree removals, to be obtained from the Building Department. Landscape permits are required before any planting occurs. Permits are obtained from the Building Department. 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 root ball above grade. 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 s Tree Rensor. All trees adjacent to FP&L power lines are required to comply with the FP&L Right Tree Right Place guidelines. All swales are required to be sodden with St. Augustine Floratam sod and irrigated by an automatic sprinkler system with 150% coverage. Landscape ordinance specifications on irrigation and installations supersede any notes on the plan. All proposed and existing plant material on site must meet FL #1 standards as stated in Code. 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. The completed installation shall be certified by the firm providing the design, per (t). Provide 2 sets of Signed & Sealed as-built plans to Planning and Growth Management Dept. ENGINEERING & UTILITIES - This 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 made as required. Responsible developer/contractor must contact Engineering Department at for issuance guidelines. SOLID WASTE OPERATIONS DIVISION, PUBLIC WORKS - Approved as submitted. FIRE/RESCUE - The proposed site plan to construct a 13,113 square-foot warehouse addition is approved as submitted. Addition will comply with NFPA 13 and NFPA 72 where applicable. 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 Joseph Horsfall, 50 Lock Road, stated that they will build over the existing railroad track and spur and move the driveway further north. He said that this will keep the trucks from stopping so close to Hillsboro Boulevard. Mr. Drosky asked if the applicant will comply with the staff s recommendations. Mr. Horsfall replied yes. Mr. Drosky asked if staff is satisfied with the chain link fence on the north side. Ms. Stevens replied yes as it is industrial. They are not changing the fence along Hillsboro Boulevard. She said that this building backs up to the UPS parcel. Mr. Horsfall stated that there are two chain link fences now, but there will only be one when the project is completed. 14

17 PLANNING AND ZONING BOARD MINUTES June 2, 2011 Mr. Drosky noted that there is a rod iron fence that faces Hillsboro Boulevard and a chain link fence in the back. Mr. Horsfall stated that they do have a security guard on the property and they have not had any problems. Chairwoman Mooney invited the public to speak for or against the application. No one came forward. Motion was made by, Mr. Drosky, and second by, Mr. Brown and Mr. Lavoie to close the public hearing. The motion CARRIED unanimously. Motion was made by, Mr. Brown, and second by, Mr. Drosky to approve Application 84-B3-18 Revision 5 providing the applicant meets all of the staff s recommendations. The motion CARRIED unanimously. PUBLIC HEARING PROPOSED LAND DEVELOPMENT CODE AMENDMENT Applicant: CITY OF DEERFIELD BEACH Proposal: Text amendment to create an Office Park (OP) zoning district and the development criteria thereto. Mr. Ferguson advised that the City Commission requested that the Office Parking zoning district be added to the Code. He said that Broward County has this zoning and the North Broward Hospital is located within this zoning. Less than a year ago, he said that a land use amendment application for a portion of the Deerfield Beach Country Club was approved for industrial use with a voluntary restriction by the developer to limit it to an office park. He noted that Broward County did not approve the application and it was said that the City of Deerfield Beach should have its own zoning category to accommodate this application. He commented that staff reviewed Broward County, Deerfield Beach s PID and the other cities criteria to formulate the proposed language. He explained that the language includes adding 25 feet of buffer when an office park abuts anything and additional 25-feet when it abuts residential property. This language applies to one office park under single ownership or a complex that can be subdivided. Lastly, he said that this amendment accomplishes the purpose of establishing the office park category and will result in development. Also, industrial operations are not allowed in this zoning. Attorney Maurodis commented that this amendment gives the City an option and doesn t limit everything to industrial. He said that this is a good option and other cities already have this category in place. Mr. Drosky made reference to Accessory Uses, Page 2, D-14 other uses customarily and incidental to a principal permitted use and asked if this language can be removed. Mr. Ferguson replied that this language is used in every zoning category and the City Commission has been final authority as to whether or not it is customary and incidental to the use. 15

18 PLANNING AND ZONING BOARD MINUTES June 2, 2011 Attorney Maurodis agreed with Mr. Ferguson s comment. Chairwoman Mooney invited the public to speak for or against the application. No one came forward. Motion was made by, Mr. Drosky, and second by, Mr. Brown and Mr. Lavoie to close the public hearing. The motion CARRIED unanimously. Motion was made by, Mr. Drosky, and second by, Mr. Brown to approve the proposed Land Development Code Amendment to create an Office Park (OP) zoning district. The motion CARRIED unanimously. PUBLIC HEARING PROPOSED LAND DEVELOPMENT CODE AMENDMENT Applicant: CITY OF DEERFIELD BEACH Proposal: Proposed amendment to the Land Development Code pertaining to pain management clinics. Mr. Ferguson advised that the proposed language is being added to be consistent with the Florida Statutes. He pointed out that it will require an annual certification pursuant to Florida Statutes attesting that no employee has been convicted of drug related felony, regulate the hours of operation to 7:00 a.m. to 9:00 p.m., add additional parking requirements, and prohibit any type of outdoor seating or customer waiting areas. He said that the new language is underlined and the existing wording is not. Attorney Maurodis agreed with Mr. Ferguson s comment. Chairwoman Mooney invited the public to speak for or against the application. No one came forward. Motion was made by, Mr. Drosky, and second by, Mr. Brown and Mr. Lavoie to close the public hearing. The motion CARRIED unanimously. Motion was made by, Mr. Brown, and second by, Mr. Drosky to approve the proposed Land Development Code Amendment pertaining to pain management clinics. The motion CARRIED unanimously. PUBLIC HEARING PROPOSED LAND DEVELOPMENT CODE AMENDMENT Applicant: CITY OF DEERFIELD BEACH Proposal: Proposed Ordinance of the City Commission of the City of Deerfield Beach, declaring a Moratorium on approval of plats and site plan applications or approval for lands zoned County M-3 and M-4 which lands were annexed into the City of Deerfield Beach by virtue of Chapter , Laws of Florida. Mr. Ferguson replied that the proposed moratorium only pertains to property that was annexed in 1990 under State Bill that had a prohibition against the City rezoning the property until He said that the annexation required that the City could not rezone the property for ten (10) years. 16

19 PLANNING AND ZONING BOARD MINUTES June 2, 2011 The permitted uses that were allowed before it was annexed and went through the development process, had to be administered by the City until it would be rezoned. He explained that Broward County removed the M-4 (Heavy Industrial) from their Code and the only property with this designation is in Deerfield Beach. He also noted that there is some M-3 zoning left also. Chairwoman Mooney asked where the property located is. Mr. Ferguson replied west of Powerline Road, north of the landfill and south of Independence Bay. He added that the City Commission asked staff to start the process to rezone the property to City Industrial. He also said that a Resolution of rezoning in progress was filed and anything that comes in will be subject to the new regulations. He said that by State Law, a moratorium has to be handled like a rezoning. In response to Mr. Drosky, Attorney Maurodis replied that the City will study the area to make sure that the adopted regulations are appropriate for the area. While this is being done, things will remain status quo and the moratorium has been accepted and approved by the United States Supreme Court under these conditions and it is being done in a limited way to preserve the status quo. Mr. Drosky asked if the 180 days can be enhanced. Attorney Maurodis replied 240 days is the maximum and they do not feel they will need more time than that. Chairwoman Mooney invited the public to speak for or against the application. No one came forward. Motion was made by, Mr. Drosky, and second by, Mr. Brown and Mr. Lavoie to close the public hearing. The motion CARRIED unanimously. Motion was made by, Mr. Brown, and second by, Mr. Lavoie to approve the proposed moratorium on approval of plats and site plan applications or approvals for certain lands zoned County M3 and M4. The motion CARRIED unanimously. REPORTS MEMBER S REPORTS Board Applications Mr. Brown asked what the status is on the online board applications. Mr. Ferguson replied that the application should be completed and online by tomorrow. He said that when the Board met in April, there was an Ordinance on the City Commission agenda to 17

20 PLANNING AND ZONING BOARD MINUTES June 2, 2011 change the makeup of the Board and it included a termination date for the existing members. He noted that the item is on the June 7, 2011, City Commission agenda and the terms have been extended to June 8, He said that all of the Board members are eligible for appointment under the new terms, but the application must be filled out. Chairwoman Mooney asked if the new Board members will elect officers. Mr. Ferguson replied yes, the City Commissioner will appoint one regular and alternate member from each district and one member at large. There was no staff report. STAFF S REPORT ADJOURNMENT There being no further business, motion was made by, Mr. Drosky, and second, Mr. Brown to adjourn. The motion CARRIED unanimously. The meeting was adjourned at 9:20 p.m. Linda Mooney, Chairwoman Planning and Zoning Board 18

21 PUBLIC NOTICE APPLICATION 11-B2-110 City of Deerfield Beach Dear Property Owner: May 20, 2011 This is to notify you that the PLANNING AND ZONING BOARD of the City of Deerfield Beach, a municipal corporation of Florida, shall hear an application for: DEERFIELD FLORIDA HOUSE by Emilio Lebolo Site plan to convert an existing retail building to a detoxification facility. The property is described as a portion of Section 6, Township 48 South, Range 43 East, more particularly described in the file, located at 504 S. Federal Highway. A public hearing will be held on THURSDAY, JUNE 2, 2011, at 7:00 p.m. in the City Commission Meeting Room. All interested parties may appear in person to offer evidence in support of or against the proposal. Further information may be obtained from the Planning Office during business hours in City Hall, 150 N.E. 2 nd Avenue, Deerfield Beach, FL 33441, phone: (954) Any person wishing to appeal any decision made by the Planning and Zoning Board with respect to any of the above, will need a record of the proceedings and for such purpose, may need to insure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. The above notice is required by State Law (FS ) Anyone desiring a verbatim transcript shall have the responsibility, at his/her own expense, to arrange for the presence at the hearing of a certified court reporter. A full transcript of the proceedings will be needed in order to appeal any decision of the Board. If anyone requires auxiliary aids for communication, please call (954) GERALD R. FERGUSON, AICP Director of Planning & Growth Management

22 ) 2 PARCEL HR-II, LTD PLAT OLD FLORIDA BUNGALOWS CAMPBELL CORNER TRACT A SE 4 CT S F E D E R A L H 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 PARCEL A HILLSBOROUGH EAST PLAT Subject Property SHOPPING CENTER SE 5 CT S F E D E R A L H W Y BUJALSKI, HENDERSON SITE BARWAL 4TH SEC BARWAL 3RD SEC ) 3 ) 4 ) 6 ) 5 BARWAL 2N ) 7 ) 8 ) ) 1 2 ) 2 SE 7 ST SE 7 ST SE 10 AVE SE 5 CT SE 5 CT SE 10 AVE SE 10 AVE SE 6 ST SE 6 ST 10 AVE. Y PARCEL A Public Hearing Notice Map Site Plan Application 11-B S Federal Highway THE Feet For additional information Call the Planning Department at

23 City of Deerfield Beach DEVELOPMENT REVIEW COMMITTEE SUMMARY REPORT DEVELOPMENT PLAN APPLICATION REVIEW Application No.:11-B2-110 Date: May 24, 2011 GENERAL INFORMATION Applicant: Deerfield Florida House Agent: Emilio Lebolo Requested Action/Description: Site plan to convert an existing retail building to a detoxification facility. Location: 504 South Federal Highway Legal Description: The North 200 feet of the South 850 feet of the West ¾ of the Northeast ¼ of the Southeast ¼ of Section 6, Township 48 South, Range 43 East, less that portion of platted BARWAL SECOND SECTION, more particularly described in the file. Size: 0.47-acre Existing Zoning: B2 Existing Land Use: Commercial

24 Deerfield Beach DRC Report Application 11-B2-110 May 25, 2011 Page 2 Future Land Use Plan Designation: Commercial Surrounding Land Use and Zoning: Existing Land Use Zoning North: Restaurant B-2 East: Residential, Single-Family RS-5 South: Restaurant B-2 West: Commercial/Multi-Family B-2 Applicable Regulations: Deerfield Beach Land Development Code Plat Restrictions: Not platted DEPARTMENTAL COMMENTS AND REQUIREMENTS PLANNING & GROWTH MANAGEMENT 1. This is a request to renovate an existing cigar store and alcoholic beverage establishment into a 12 room, substance abuse treatment facility. The facility will be operated in conjunction with the Florida House residential facility located at 809 Southeast 5 th Court. 2. The Community Appearance Board approved this application on April 13, 2011 as submitted.. CITY LANDSCAPE ARCHITECT Approved as submitted. 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. 4. 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. 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 150% coverage.

25 Deerfield Beach DRC Report Application 11-B2-110 May 25, 2011 Page 3 7. Landscape ordinance specifications on irrigation and installations supersede any notes on the plan. 8. All proposed and existing 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 Landscaper. 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 Growth Management Dept. ENGINEERING & UTILITIES The above 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 the Engineering permit process, further engineering review will be made and comments provide as required. Responsible developer/contractor must contact Engineering Department at for issuance guidelines. SOLID WASTE OPERATIONS DIVISION, PUBLIC WORKS The above 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 If you have any concern pertaining to this matter please feel free to contact Mario Reboa 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-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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31 PUBLIC NOTICE APPLICATION 11-A-178 City of Deerfield Beach Dear Property Owner: June 24, 2011 This is to notify you that the PLANNING AND ZONING BOARD of the City of Deerfield Beach, a municipal corporation of Florida, shall hear an application for: JOSEPH WILLIAMS To vacate and abandon a 5,432 square-foot portion of N.E. 1 st Street. The property is described as a portion of N.E. 1 st Street, lying west of NE 5 th Avenue and contiguous to Lots 8 and 9, Block 7 and Lots 1 and 2, Block 10, DEERFIELD DEVELOPMENT & LAND COMPANY SUBDIVISION, more particularly described in the file. A public hearing will be held on THURSDAY, JULY 7, 2011, at 7:00 p.m. in the City Commission Meeting Room. All interested parties may appear in person to offer evidence in support of or against the proposal. Further information may be obtained from the Planning Office during business hours in City Hall, 150 N.E. 2 nd Avenue, Deerfield Beach, FL 33441, phone: (954) Any person wishing to appeal any decision made by the Planning and Zoning Board with respect to any of the above, will need a record of the proceedings and for such purpose, may need to insure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. The above notice is required by State Law (FS ) Anyone desiring a verbatim transcript shall have the responsibility, at his/her own expense, to arrange for the presence at the hearing of a certified court reporter. A full transcript of the proceedings will be needed in order to appeal any decision of the Board. If anyone requires auxiliary aids for communication, please call (954) GERALD R. FERGUSON, AICP Director of Planning & Growth Management

32 WN DEERFIEL I E H W Y J. R. HORNE'S SD TENNIS CENTER ) 2 ) 3 PIONEER PARK DEERFIELD DEVELOPMENT & LAND COMPANY'S SD ) 2 ) 1 PIONEER PARK NE 6 AVE ) A Public Notification Boundary V A C A T E D N E 7 A V E (NE 2 ST) NE ELLER ST (NE 2 ST) NE ELLER ST (NE 2 ST) CITY HALL NE 3 AVE BSO STATION NE 4 AVE NE 5 AVE NE 6 AVE ) 7 ) 8 ) 5 )6 LOPMENT & LAND COMPANY'S SD NE 1 ST VACATED NE 1 ST ) DEERFIELD THIRD AVENUE CONDO NE 3 AVE NE 4 AVE NE 5 AVE NE 6 AVE NE 1 ST SCHOOL PARK NE 7 AVE ) 11 ) 10 ) 9 NE 3 AVE NE 4 AVE NE 5 AVE NE 6 AVE NE 7 AVE E H I L L S B O R O B L V D E H I L L S B O R O POST OFFICE SE 3 AVE ) 5 VACATED ALLEY )6 Subject Property SE 4 AVE JAMES D BUTLER'S SD SE 5 AVE SE 6 AVE PINEHILL ACRES SE 7 AVE. Public Hearing Notice Map Abandonment Application 11-A-178 A portion of NE 1st Street, lying west of NE 5th Avenue ) 1 ) Feet For additional information Call the Planning Department at

33 City of Deerfield Beach DEVELOPMENT REVIEW COMMITTEE SUMMARY REPORT DEVELOPMENT PLAN APPLICATION REVIEW Application No.: 11-A-178 Date: June 23, 2011 GENERAL INFORMATION Applicant: Joseph Williams Agent: Requested Action/Description: To vacate and abandon a 5,432 squarefoot portion of N.E. 1 st Street, containing 5,432 square feet. Location: A portion of N.E. 1 st Street, lying west of NE 5 th Avenue and contiguous to Lots 8 and 9, Block 7 and Lots 1 and 2, Block 10 of DEERFIELD DEVELOPMENT & LAND COMPANY SUBDIVISION, more particularly described in the file. Legal Description: A portion of N.E. 1 st Street, lying west of NE 5 th Avenue and contiguous to Lots 8 and 9, Block 7 and Lots 1 and 2, Block 10 of DEERFIELD DEVELOPMENT & LAND COMPANY SUBDIVISION, more particularly described in the file. Size: 0.12-acre Existing Zoning: RS-5

34 Deerfield Beach DRC Report Application 11-A-178 June 23, 2011 Page 2 Existing Land Use: Unimproved street Future Land Use Plan Designation: Residential Low Surrounding Land Use and Zoning: Existing Land Use Zoning North: Single-Family Residential RS-5 East: Church CF South: Single-Family Residential RS-5 West: Duplex RM-10 Applicable Regulations: Deerfield Beach Land Development Code Plat Restrictions: None DEPARTMENTAL COMMENTS AND REQUIREMENTS PLANNING & GROWTH MANAGEMENT 1. Disclosure affidavits must be signed by each joint applicant before the application can be submitted to the City Commission. 2. The Broward County Tax Appraiser s office does not list Joseph Williams as the owner of Lot 8 and 9, Block 7, DEERFIELD DEVELOPMENT & LAND COMPANY. Provide evidence that Joseph Williams has legal title to Lot 8 and 9, Block 7 DEERFIELD DEVELOPMENT & LAND COMPANY as an abutting property owner. CITY LANDSCAPE ARCHITECT Approved as submitted. ENGINEERING DIVISION, PUBLIC WORKS & ENVIRONMENTAL SERVICES The above 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 made as required. Responsible developer/contractor must contact Engineering Department at for issuance guidelines. SANITATION DIVISION, PUBLIC WORKS & ENVIRONMENTAL SERVICES Approved as submitted.

35 Deerfield Beach DRC Report Application 11-A-178 June 23, 2011 Page 3 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.

36 PUBLIC NOTICE APPLICATION 11-P-188 City of Deerfield Beach Dear Property Owner: June 24, 2011 This is to notify you that the PLANNING AND ZONING BOARD of the City of Deerfield Beach, a municipal corporation of Florida, shall hear an application for: NRG 747, LLC by Jane Storms To plat a 3.19-acre parcel to be known as the CENTRUM FEDERAL PLAT. The property is described as a portion of Section 6, Township 48 South, Range 43 East, more particularly described in the file, located at 747 S. Federal Highway. A public hearing will be held on THURSDAY, JULY 7, 2011, at 7:00 p.m. in the City Commission Meeting Room. All interested parties may appear in person to offer evidence in support of or against the proposal. Further information may be obtained from the Planning Office during business hours in City Hall, 150 N.E. 2 nd Avenue, Deerfield Beach, FL 33441, phone: (954) Any person wishing to appeal any decision made by the Planning and Zoning Board with respect to any of the above, will need a record of the proceedings and for such purpose, may need to insure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. The above notice is required by State Law (FS ) Anyone desiring a verbatim transcript shall have the responsibility, at his/her own expense, to arrange for the presence at the hearing of a certified court reporter. A full transcript of the proceedings will be needed in order to appeal any decision of the Board. If anyone requires auxiliary aids for communication, please call (954) GERALD R. FERGUSON, AICP Director of Planning & Growth Management

37 SE 9 AVE SE 9 TER SE 9 AVE SE 9 TER PARCEL A BROOKFIELD ARDENS 4 CONDO BROOKFIELD GARDENS 5 CONDO SE 6 AVE SE 6 AVE SE 6 AVE SE 5 CT SE 7 ST SE 7 AVE ) 4 ) 5 ) 6 SE 7 AVE SE 8 AVE SE 8 AVE SE 5 CT SE 7 ST NORTH GARDENS HAMPTON OF DEERFIELD BCH GARDENS 3 HAMPTON GARDENS 2 CONDO 850 PROFESSIONAL PLAZA CONDO BUFF'S PLAT NO. 1 PARCEL A HILLSBOROUGH EAST PLAT SHOPPING CENTER SE 7 ST SE 5 CT Public Notification Boundary S F E D E R A L H W Y S F E D E R A L H W BUJALSKI, HENDERSON SITE PARCEL A TRACT A ) 7 BARWAL 4TH SEC ) 1 ) 2 BARWAL 3RD SEC SE 7 ST ) 41 SE 7 CT SE 7 CT THE COVE 4TH SEC SE 6 ST ) ) SE 10 AVE SE 10 AVE SE 10 AVE SE 10 AVE SE 7 ST ) 45 ELD CONDOO THERAN CHURCH BROOKFIELD GARDENS 1 CONDO UTHERAN CHRISTIAN SCHOOL LD BEACH CONDO A S E 1 0 S T BUJALSKI PLAT C B SE 8 ST A SE 6 AVE SE 6 AVE SE 6 AVE SOUTH GARDEN OF DEERFIELD BEACH MONACO GARDENS CONDO ) 1 SPIRRISON'S SD SE 8 ST ) 2 DUVAL COURT PROFESSIONAL CENTRE CONDO SCHWARB PLAT SE 7 AVE SE 7 AVE S E 1 0 S T Subject Property. PARCEL A HAMPTON GARDENS 1 CONDO VAC'D TRACT D SE 8 ST SE 8 AVE TRACT A JOHN P ROGERS & GREGORY A ROGERS TRACT C ROBINSON RD PALM PLAZA PARCEL A FIRST UNION / DEERFIELD BEACH PLAT PARCEL A TRACT B SE 9 ST S E 1 0 S T S F E D E R A L H W Y S F E D E R A L H W Y EXXON/ U.S.#1 & SE 10TH STREET PARCEL A S E 1 0 S T TRACT B VILLAGE MART SHOPPING CENTER Public Hearing Notice Map Plat Application 11-P S. Federal Highway LOIS LANE SE 9 AVE ) 42 SE 10 CT SE 8 CT COVE VILLAGE CONDO THE COVE 4T S E 1 0 S T S E 1 0 THE COVE 5TH SEC SE 10 AVE ) Feet SE 8 C SE 10 For additional information Call the Planning Department at

38 City of Deerfield Beach DEVELOPMENT REVIEW COMMITTEE SUMMARY REPORT DEVELOPMENT PLAN APPLICATION REVIEW Application No.: 11-P-188 Date: June 23, 2011 GENERAL INFORMATION Applicant: NRG 747, LLC Agent: Jane Storms Requested Action/Description: To plat a 3.19-acre parcel to be known as the CENTRUM FEDERAL PLAT. Location: 747 South Federal Highway Legal Description: A portion of Section 6, Township 48 South, Range 43 East, more particularly described in the file. Size: 3.19-acres Existing Zoning: B2 Existing Land Use: Commercial Future Land Use Plan Designation: Commercial

39 Deerfield Beach DRC Report Application 11-P-188 June 23, 2011 Page 2 Surrounding Land Use and Zoning: Existing Land Use Zoning North: Commercial B-2 East: Commercial B-2 South: Commercial B-2 West: Multi-Family RM-12 Applicable Regulations: Deerfield Beach Land Development Code Plat Restrictions: 22,000 square feet commercial 6,000 square feet bank use DEPARTMENTAL COMMENTS AND REQUIREMENTS PLANNING & GROWTH MANAGEMENT 1. This is a request to plat a B-2, highway business zoned parcel and restrict its use to 22,000 square feet of commercial use and 6,000 square feet of bank use. 2. The City s approval of this plat is subject to Broward County s final approval which may include right-of way dedications. If applicable, dimensional requirements for future site plans on this parcel shall be from revised 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 plat. CITY LANDSCAPE ARCHITECT Approved as submitted. ENGINEERING DIVISION, PUBLIC WORKS & ENVIRONMENTAL SERVICES The above site plan is approved by the Engineering Department with the following condition: Director of Public Works & Environmental Services/City Engineer Charles DaBrusco P.E. request that the wording be replaced at the bottom box in center page from City of Deerfield Beach to City Engineer. 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 made as required. Responsible developer/contractor must contact Engineering Department at for issuance guidelines. SANITATION DIVISION, PUBLIC WORKS & ENVIRONMENTAL SERVICES Approved as submitted.

40 Deerfield Beach DRC Report Application 11-P-188 June 23, 2011 Page 3 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.

41 PUBLIC NOTICE APPLICATION 08-B2-109 REVISION 3 City of Deerfield Beach Dear Property Owner: June 24, 2011 This is to notify you that the PLANNING AND ZONING BOARD of the City of Deerfield Beach, a municipal corporation of Florida, shall hear an application for: TACO BELL OF AMERICA by David Bohanon Site plan modification 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. The property is described as a 3.78-acre parcel described as Parcels A, B, and C of CENTRUM HILLSBORO AT FEDERAL HIGHWAY, located at 50 N. Federal Highway. A public hearing will be held on THURSDAY, JULY 7, 2011, at 7:00 p.m. in the City Commission Meeting Room. All interested parties may appear in person to offer evidence in support of or against the proposal. Further information may be obtained from the Planning Office during business hours in City Hall, 150 N.E. 2 nd Avenue, Deerfield Beach, FL 33441, phone: (954) Any person wishing to appeal any decision made by the Planning and Zoning Board with respect to any of the above, will need a record of the proceedings and for such purpose, may need to insure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. The above notice is required by State Law (FS ) Anyone desiring a verbatim transcript shall have the responsibility, at his/her own expense, to arrange for the presence at the hearing of a certified court reporter. A full transcript of the proceedings will be needed in order to appeal any decision of the Board. If anyone requires auxiliary aids for communication, please call (954) GERALD R. FERGUSON, AICP Director of Planning & Growth Management

42 NE 9 AVE NE 9 AVE NE ELLER ST N F THE HARBOR ON LITTLE NE 11 WAY ) 6 NE 11 WAY Public Notification Boundary ) 6 PERCY WHITE LIBRARY SE 9 AVE DEERFIELD BEACH ESTATES NE 9 AVE NE 9 AVE H I L S L SE 9 AVE ) 4 ) 5 R O B IELD BEACH ESTATES PARCEL A SE 9 TER ATLANTIC BANK PLAT TRACT A BARNETT BANK OF DEERFIELD BEACH SE 9 TER O FIRE STATION # 4 SHOPPING CENTER B V L Subject Property. D R A L H W Y N F E D E S F E D E R A L H W Y THE COVE 6TH SEC PARCEL A BEDARD PLAT BUENA VISTA PLAZA THE BUENAVISTA PLAZA PLAT PARCEL A VACATED ALLEY PARCEL A ) 3 ) 1 ) 2 ) A CENTRUM HILLS PARCEL B THE HILLS ON VACATED ALLEY O PLAT REVISED NE 11 WAY BORO SEC 2 ) 4 F LITTLE HARBOR BORO AT FEDERAL HIGHWAY NE 11 WAY SE 1 ST LAKE E H I L L S B O R O B L V D PARCEL C Public Hearing Notice Map Site Plan Application 08-B2-109 Rev N. Federal Highway ) 1 ) 2 TRACT A NE 11 WAY NE 11 WAY TRACT B N E 11 WAY LITTLE HARBOR ON T NE 4 DR Feet NE 11 W LITTLE H For additional information Call the Planning Department at

43 City of Deerfield Beach DEVELOPMENT REVIEW COMMITTEE SUMMARY REPORT DEVELOPMENT PLAN APPLICATION REVIEW Application No.: 08-B2-109 Revision 3 Date: June 23, 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

44 Deerfield Beach DRC Report Application 08-B2-109 Revision 3 June 23, 2011 Page 2 Surrounding Land Use and Zoning: Existing Land Use Zoning North: Residential, Single-Family RS-5 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. 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. 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. 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. 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).

45 Deerfield Beach DRC Report Application 08-B2-109 Revision 3 June 23, 2011 Page 3 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. ENGINEERING DIVISION, PUBLIC WORKS & ENVIRONMENTAL SERVICES The above 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

46 Deerfield Beach DRC Report Application 08-B2-109 Revision 3 June 23, 2011 Page 4 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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52 PUBLIC NOTICE APPLICATION 11-CF-38 City of Deerfield Beach Dear Property Owner: June 24, 2011 This is to notify you that the PLANNING AND ZONING BOARD of the City of Deerfield Beach, a municipal corporation of Florida, shall hear an application for: CRYSTAL LAKE GOLF CLUB, LLC by Dennis Mele Site plan to construct a phased, cemetery/memorial garden and funeral home complex. The completed complex will consist of the following: 1.) a 20,120 square-foot funeral/crematory building, 2.) a 3,600 square-foot maintenance building, 3.) eight (8) mausoleum buildings, totaling 162,197 square feet; 4.) eight (8) mausoleum garden buildings totaling 70,030 square feet, 5.) a lawn cemetery containing 5,015 flush memorials, 6.) a monumental cemetery containing 4,455 upright memorials, 7.) a pet cemetery, 8.) a cremation garden, and 10.) ten (10) estate mausoleums. The property is described as a 47-acre parcel described as Parcel Y, CRYSTAL LAKES 4 th SECTION, located at 1391 N.W. 45 th Street. A public hearing will be held on THURSDAY, JULY 7, 2011, at 7:00 p.m. in the City Commission Meeting Room. All interested parties may appear in person to offer evidence in support of or against the proposal. Further information may be obtained from the Planning Office during business hours in City Hall, 150 N.E. 2 nd Avenue, Deerfield Beach, FL 33441, phone: (954) Any person wishing to appeal any decision made by the Planning and Zoning Board with respect to any of the above, will need a record of the proceedings and for such purpose, may need to insure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. The above notice is required by State Law (FS ) Anyone desiring a verbatim transcript shall have the responsibility, at his/her own expense, to arrange for the presence at the hearing of a certified court reporter. A full transcript of the proceedings will be needed in order to appeal any decision of the Board. If anyone requires auxiliary aids for communication, please call (954) GERALD R. FERGUSON, AICP Director of Planning & Growth Management