Item: CITY OF DEERFIELD BEACH Request for City Commission Agenda Agenda Date Requested: April 2, 2013 Contact Person: Gerald R. Ferguson, Director of Planning & Development Services Description: 3317, 3349 & 3599 W. Hillsboro Blvd. United Growth Capital Management, LLC, represented by Kimley Horn & Associates Site plan modification to construct a 48,425 square-foot commercial addition to the existing Super Target commercial center as described in the attached staff report and memorandum. Fiscal Impact: Not applicable Budget Line Item Number and Title: Not applicable Required Attachment: A Cover Memo from the Department Head to the City Manager further describing the request and providing back-up information and documents. THIS SECTION RESERVED FOR PROCESSING OF THE REQUEST Ordinance X Resolution Consent Agenda Agenda Item Type Presentation Written Request Public Hearing Public Hearing Second Reading X Quasi-Judicial Public Hearing General Item Comments: ITEM APPROVED FOR THE AGENDA: krk 3/25/13 Signature Date
RESOLUTION NO. 2013/ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA APPROVING AN APPLICATION BY UNITED GROWTH CAPITAL MANAGEMENT, LLC FOR A SITE PLAN MODIFICATION (06-B1-181, REVISION 3) TO CONSTRUCT A 48,425 SQUARE-FOOT COMMERCIAL ADDITION TO THE EXISTING 192,934 SQUARE FOOT SUPER TARGET COMMERCIAL CENTER AND TO CREATE TWO SEPARATE OUT-PARCELS LOCATED FOR ALL THE PROPERERETIES AT 3317, 3349 AND 3599 WEST HILLSBORO BOULEVARD, DEERFIELD BEACH, FLORIDA WHEREAS, the City of Deerfield Beach has received an application from United Growth Capital Management, LLC for a site plan modification to construct a 48,425 square-foot commercial addition to the existing 192,934 square foot Super Target commercial center and to create two separate out-parcels for all the properties located at 3317, 3349 and 3599 West Hillsboro Boulevard, Deerfield Beach, Florida; and WHEREAS, the City Commission finds that all requirements of the City Code have been met; and WHEREAS, the application has been approved for aesthetics by the Community Appearance Board and recommended for approval by the Planning and Zoning Board; and WHEREAS, the City Commission has held all necessary hearings with regard to the application and has approved the Applicant s request subject to the condition that all processing operations will be conducted in a building; 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 hereby approves Site Plan Modification (06-B1-181, Revision 3) for United Growth Capital Management, LLC for a site plan modification to construct a 48,425 square-foot commercial addition to the existing 192,934 square foot Super Target and to create two separate out-parcels located at 3317, 3349 and 3599 West Hillsboro Boulevard, Deerfield Beach, Florida. Section 3. This Resolution shall become effective immediately upon adoption. 1
PASSED AND ADOPTED THIS DAY OF, 2013. JEAN M. ROBB, MAYOR ATTEST: ADA GRAHAM-JOHNSON, MMC, CITY CLERK Deerfield/Resolutions/Variances etc./united Growth Site Plan Modification - Approval 2
RESOLUTION NO. 2013/ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA DENYING AN APPLICATION BY UNITED GROWTH CAPITAL MANAGEMENT, LLC FOR A SITE PLAN MODIFICATION (06-B1-181, REVISION 3) TO CONSTRUCT A 48,425 SQUARE-FOOT COMMERCIAL ADDITION TO THE EXISTING 192,934 SQUARE FOOT SUPER TARGET COMMERCIAL CENTER AND TO CREATE TWO SEPARATE OUT-PARCELS FOR ALL THE PROPERTIES LOCATED AT 3317, 3349 AND 3599 WEST HILLSBORO BOULEVARD, DEERFIELD BEACH, FLORIDA WHEREAS, the City of Deerfield Beach has received an application from United Growth Capital Management, LLC for a site plan modification to construct a 48,425 square-foot commercial addition to the existing 192,934 square foot Super Target commercial center and to create two separate out-parcels for all the properties located at 3317, 3349 and 3599 West Hillsboro Boulevard, Deerfield Beach, Florida; and WHEREAS, the City Commission finds that the application fails to satisfy the requirements of Section of the City of Deerfield Beach Land Development Code; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA, AS FOLLOWS: Section 1. The above referenced Whereas clauses are true and correct and made a part hereof. Section 2. The Site Plan Modification (06-B1-181, Revision 3) for United Growth Capital Management, LLC is hereby denied based upon the failure to meet the requirements of Section of the City of Deerfield Beach Land Development Code; Section 3. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED THIS DAY OF, 2013. JEAN M. ROBB, MAYOR 1
ATTEST: ADA GRAHAM-JOHNSON, MMC, CITY CLERK Deerfield/Resolutions/Variances etc./united Growth Site Plan Modification - Denial 2
22 7 N P O PARCEL L-2 LAKES DR 26 LAKE 21 20 19 18 8 9 10 11 17 JEFFERSON DR T H E L A K E S O F D E E R C R E E K PT PARCEL L-19 Public Notification Boundary 30 LAKES DR PARCEL L LAKES OF DEER CREEK TOWNHOMES LAKESIDE WAY PT PARCEL L-1 12 NW 36 AVE 16 13 15 14 YORKVILLE NW 36 AVE 29 PARCEL L-20 PARCEL L-3 T H E L A K E S O F D E E R C R E E 32 31 30 PARCEL 3 N P O W E R L I N E R D SUPER TARGET PARCEL 2 THE LAST PLAT OF DEER CREEK SHOPPING CENTER BUTLER'S CORNER PARCEL A GRAND UNION DEERFIELD BEACH PARCEL A MOBIL 10-438 PLAT PARCEL A PARCEL B DEER CREEK BANK BLVD CLUB COUNTRY BELLE TERRE OF HILLSBORO FINANCIAL CENTRE PARCEL A TRACT A DEERFIELD MALL PARCEL B PARCEL A L S B O R O B L V D Subject Property. S P O W E R L I N E R D KOHL SD PARCEL A PARCEL A D C PHILLIPS SD NEASHAM PLAT PARCEL B DEER RUN PARK NORTH SW 34 AVE SW 34 AVE W H I L L S B O R O B L V D WEST DEERFIELD BEACH SW 1 ST SW 1 ST SW 1 SW 1 CT Public Hearing Notice Map Site Plan Application 06-B1-181 Revision 3 SW 1 CT 3317, 3349, and 3599 West Hillsboro Boulevard 300 150 0 300 Feet SW 32 TER SW 1 For additional information Call the Planning Department at 954-480-4206
Development Review Committee Summary Report Development Plan Application Review General Information Application No. 06-B1-181 Revision 3 Applicant: United Growth Capital Management, LLC Agent: Kimley-Horn and Associates Requested Action/Description: Site plan approval to construct a 48,425 square-foot commercial addition to an existing 192,934 commercial center, totaling 241,359 square feet of commercial use. Location: 3317, 3349 and 3599 W. Hillsboro Boulevard Legal Description: A portion of Parcel A, THE LAST PLAT OF DEER CREEK, together with a portion of Parcel A BUTLER S CORNER. Size: 5.4-acres (as part of a 22.99-acre parcel) Existing Zoning: B-1 Existing Land Use: Commercial Shopping Center January 28, 2013 Application 06-B1-181 Rev. 3 (Revised March 5, 2013) Page 1 of 6
Future Land Use Plan Designation: Commercial Surrounding Land Use and Zoning: Existing Land Use Zoning North: Multi-Family RM-15 East: Commercial B-1 South: Commercial B-1 West: Commercial B-1 Applicable Regulations: Plat Restrictions: Deerfield Beach Land Development Code None Planning & Growth Management BACKGROUND: Department Comments & Requirements In December, 2007, the subject parcel received site plan approval to demolish an existing shopping center and construct a 190,346 square-foot Super Target store. In conjunction with that application, site improvements were approved and constructed to serve an additional 59,000 square feet of future commercial use. Since 2007, the future commercial area has remained vacant as a grassed, building pad adjacent to the store. Application 06-B1-181 Revision 3 is a request to construct 48,425 square-feet of commercial use on that building pad. The existing Kentucky Fried Chicken restaurant, parking lots and drainage areas will remain the same. The parking and dimensional requirements for both site plans have been included in the total project review. COMMENTS AND REQUIREMENTS: 1. The Community Appearance Board approved this application on January 13, 2013 with the stipulation that the Christmas Palms in front of the stores be replaced with five Royal Palms and the three Christmas Palms located at the southeast corner of the building be replaced with a canopy tree such as a Royal Poinciana. PLANNING CONSIDERATIONS: 1. Compliance with the Comprehensive Plan. Per Section 98-9, no permit or approval for development of land shall be approved which does not comply with the goals, objectives and policies (GOPs) of the Deerfield Beach Comprehensive Plan. The Future Land Use (FLU) Map designation for this parcel is Commercial. The commercial land use category permits retail sales and service use, office and other general commercial uses typically found in a shopping center. Therefore the application to expand the commercial use on the approved site plan for retail sales is in compliance with the Deerfield Beach Comprehensive Plan FLU element. January 28, 2013 Application 06-B1-181 Rev. 3 (Revised March 5, 2013) Page 2 of 6
2. Compliance with the Conservation Element Wellfield Protection Area Map: Upon review of the City s wellfield protection map, it appears that the application is not located within a Wellfield Zone of influence. However any special environmental requirements should be confirmed by the County s Pollution, Prevention, Remediation and Air Quality Division before a construction permit is applied for. 3. Compliance with the Land Development Code: The parcel is zoned B-1, business, community per the Deerfield Beach Land Development Code and official map. While the application has not identified specific tenants; stores, retail (excluding stores which sell firearms) would be a permitted use in the B-1 zoning district. Therefore the proposed use of seven, retail stores is in compliance with its zoning designation. 4. Finding of compatibility of a proposed development with adjacent and neighboring (300 feet) uses and zoning: Per Section 98-17 (15), there must be a finding of compatibility as defined in the Land Development Regulations, between the adjacent and neighboring uses (300 feet) and the proposed development. By definition, compatibility is to be measured based on the following compatibility characteristics of the proposed development in relationship to the immediate surrounding area: (a) Permitted uses, structures and activities allowed within the zoning category: The adjacent uses surrounding the parcel include: multi-family apartments to the north, medical office and a health and fitness club to the east, a bank and Hillsboro Boulevard to the south and a commercial shopping center to the west. The parcel is considered part of the major commercial node, centered on the intersection of Powerline Road and Hillsboro Boulevard. (b) Building location, dimensions, height and floor area; The maximum height for a structure in the B-1 zoning district is 45 feet. While the building is considered a one-story structure, it will have a clear interior height of 20 feet. With the proposed raised parapets and architectural elements, the façade of the building will match the existing Target store with a maximum height of 42 feet. The proposed 241,359 square-foot commercial center is well within the dimension requirements of the B-1 zoning district. The proposed lot coverage of 22% rather than the maximum 50% means the project s footprint is approximately 300,740 square-feet smaller than allowed. (c) Location and extent of parking, access drives and service areas; The existing parking lot, driveways, and entrances will serve the commercial addition. The application is not proposing any expansion of the parking lot or drainage areas. The application requires a total of 831 parking spaces. The existing parking lot contains 960 spaces. (d) Traffic generation, hours of operation, noise levels and outdoor lighting; The parcels are accessed via Powerline Road to the west, Deer Creek Country Club Blvd. to the east and Hillsboro Blvd. to the south. Both Powerline Road and Hillsboro Blvd are classified as principal six-lane arterials. The applicant has stated that the retail hours of operation for the stores will be similar to the Super Target store and the neighboring retail stores. All operations will be performed within the building with outside activity limited to loading and unloading. As part of the Super Target site plan approval, a concrete wall was constructed along the entire north property line between the apartments and commercial parcel. The January 28, 2013 Application 06-B1-181 Rev. 3 (Revised March 5, 2013) Page 3 of 6
new loading areas will be located a minimum of 120 feet from the north property line. (e) Alteration of light and air; The height and mass of the proposed building is in keeping with the size of the adjacent Super Target. With a 22% lot coverage for all structures, rather than the maximum 50%, the expanded commercial center will not significantly affect light and air flow patterns to adjacent properties. (f) Setbacks and buffers Fences, walls, landscaping and open space treatment. To be compatible, design treatments must reflect consideration of adjoining and surrounding development and land use. (g) The proposed project will meet all set back and landscape buffer requirements. The existing landscaping and retention ponds will not be modified with this application. New landscaping and site furniture will be constructed in front of the retail addition to create a pedestrian streetscape connection between the Super Target and new stores. (h) The Community Appearance Board approved this application on January 23, 2013 with the stipulation that the Christmas Palms in the front of the stores be replaced with five Royal Palms and the three Christmas Palms located at the Southeast corner of the building be replaced with a canopy tree such as a Royal Poinciana. SUMMARY: Staff s review of application 06-B1-181 Revision 3 has found that the proposed project is consistent with the goals, objectives and policies of the Future Land Use Element of the Comprehensive Plan, and that the proposed use is permitted per the Land Development Code. City Landscape Architect The landscape plan is approved with the following conditions: 1. Per Section 98-80 (j)(4) 50% of the trees or palms are to have a minimum of 12 feet of Greywood. Revise palms in plant list to meet this code requirement. Revised 3-5-13: The plans have been revised show that 50% of the trees or palms have a minimum of 12 feet of greywood. 2. Based on the approved site landscape plan on file with the City, several trees are missing or are in poor condition. Therefore, the site does not meet code. Submit a plan to bring the site into compliance. Revised 3-5-13: The plans have been revised to comply with the Code requirements. GENERAL REQUIREMENTS 1. Tree removal permits are required for all tree removals, to be obtained from the Building Department. January 28, 2013 Application 06-B1-181 Rev. 3 (Revised March 5, 2013) Page 4 of 6
2. Landscape permits are required before any planting occurs. Permits are obtained from the Building Department. 3. Trees are to be planted at a depth so that the root-flare and top of first order root(s) are fully visible, with 10% of the height of the rootball above grade. Reflect this in planting detail. 4. 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 100% coverage. The system must include a rain sensor. 5. All trees adjacent to FP&L powerlines are required to comply with the FP&L Right Tree Right Place guidelines. 6. All swales are required to be sodded with St. Augustine Floratam sod and irrigated by an automatic sprinkler system with 100% coverage. 7. Landscape ordinance specifications on irrigation and installations supersede any notes on the plan. 8. All proposed plant material on site must meet FL #1 standards as stated in Code. 9. All landscape plant materials, installation, maintenance and preservation shall be in accordance with the City of Deerfield Beach Land Development Code, Section 98-80 and 98-81. 10. It is required that the landscape contractor schedule an on-site pre-construction meeting with the City Landscape Architect. 11. The completed installation shall be certified by the firm providing the design, per 98-80 (t). 12. Provide 2 sets of Signed & Sealed as-built plans to Planning and Development Services Department. Engineering Division, Public Works & Environmental Services This site plan is not approved by the Engineering Department for the following conditions: Director of Environmental Services/City Engineer Charles DaBrusco P.E. requests that drainage structure details and yard drain details be submitted. Request that both trash dumpster enclosure drains must drain to the sewer system and not the drainage system. Please make appropriate update. Revised 3-5-13: The plans have been revised to comply with the comments above. 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 954-480-4270 for issuance guidelines. January 28, 2013 Application 06-B1-181 Rev. 3 (Revised March 5, 2013) Page 5 of 6
Solid Waste Division, Public Works & Environmental Services This site plan has been reviewed by the Solid Waste Operations Division and was found to be acceptable as it relates to collection services and location of garbage/recycling receptacles. Drop pins are required for both gates to waste enclosure. If you have any concerns pertaining to this matter please feel free to contact John Biedenharn at 954-480-4382. Fire/Rescue This site plan is denied as submitted. 1. Show all fire hydrants throughout plan. 2. Show location of the fire department connection and fire backflow for fire sprinkler system. 3. Show location for a fire alarm system. 4. Show fire department fire apparatus access throughout plan with 20-foot wide road and 50-foot turning radius. 5. Show location for Knox Box location. Revised 3-5-13: The plans have been revised to meet the requirements outlined above and are approved as revised. 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. January 28, 2013 Application 06-B1-181 Rev. 3 (Revised March 5, 2013) Page 6 of 6