CITY OF HALLANDALE BEACH

MEMORANDUM

 

 

DATE:                        May 5, 2009

 

TO:                 D. Mike Good, City Manager

 

FROM:            Richard D. Cannone, Director of Development Services

 

SUBJECT:     Application #60-08-RD by Baldeo Enterprises d/b/a Hallandale Academy Requesting Redevelopment Area Modification (RAM) Waivers In Order To Expand And Renovate The Existing Daycare Facility Located At 15 NW 5th Avenue.

 

 

I.          BACKGROUND INFORMATION

 

 

APPLICANT:

 

Baldeo Enterprises d/b/a Hallandale Academy

 

PURPOSE/REQUEST:        

 

The applicant is requesting Redevelopment Area Modification (RAM) waivers in order to expand the existing daycare facility by 3,903 square feet at the property located at 15 NW 5th Avenue.

                       

The requested waivers are as follows:

 

1.    Article III, Section 32-176(g)(5)(a) requiring a maximum front yard setback of 15 feet.

2.    Article IV, Section 32-384(e)(1) requiring a 10 foot landscaped buffer along vehicular use areas abutting a public right-of-way.

3.    Article IV, Section 32-605(d)(16)(b) restricting illustrative depictions pertaining to the business to exceed the maximum allowable sign area in order to permit a mural advertising sign and sculptures.

4.    Article IV, Section 32-385(c)(5) prohibiting synthetic or artificial material from being used in lieu of plant materials. 

 

LOCATION:

 

The property is located at 15 NW 5th Avenue which is legally described as:

 

Lots 1, 2, 3, 4, and 5, Block 21, Town of Hallandale, as recorded in Book B, Page 13 of the Public Records of Broward County, Florida.

 

 

 

PLANNING DISTRICT:

 

Northwest

 

PARCEL SIZE:

 

26,563 Square Feet (.61 Acres)

 

EXISTING ZONING:

 

Business General (B-G). Planned Redevelopment Overlay District (PRD) is also assigned to the property.

 

REDEVELOPMENT AREA MODIFICATIONS:

 

This property is located within the PRD District, thus the requirements of Article III Section 32-176 apply to the property. Section 32-177 allows the City Commission to modify any specified development standard through the Redevelopment Area Modification (RAM) process in lieu of a variance.

 

RAM’s may be approved by the City Commission if they determine the Code requirements to significantly inhibit neighborhood or structural improvement efforts. RAM’s are not subject to the variance criteria of Article VIII nor do they require Planning and Zoning Board consideration.

 

EXISTING USE:

 

A 2,027 square foot daycare facility.

 

PROPOSED USE:

 

A 5,930 square foot daycare facility

 

COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION:

 

City:          General Commercial

County:   Commercial

 

SURROUNDING ZONING:

 

N:        RD-12 Residential Two Family District.

S:         B-G Business General and PRD Planned Redevelopment Overlay District

E:         B-G Business General and PRD Planned Redevelopment Overlay District

W:        B-G Business General and PRD Planned Redevelopment Overlay District 

 

SURROUNDING LAND USE:

 

N:        Residential Duplex

S:         Walgreens across West Hallandale Beach Blvd.

E:         Vacant

W:        Law Office Building

 

 

II.         LAND USE HISTORY

 

 

RELATED LAND USE HISTORY:

 

In 1992, the property was converted from a dental office to Child Choice Daycare. Hallandale Academy has been operating at the property since 1997.

 

PREVIOUS REQUESTS ON SAME PROPERTY:

 

On June 27, 2008, an application was filed with the Planning and Zoning Division for a Minor Development review in order to renovate and expand the existing building. A 3,903 square foot addition is proposed and the Minor Development approval is pending the City Commission’s decision on the Redevelopment Area Modification waivers.

 

 

III.           DETAILS OF THE APPLICATION / EXHIBITS

 

 

DEVELOPMENT DETAILS:

 

      The applicant has provided the following:

    

1.)    A property survey showing the existing conditions on the property including:

a.    10 parking spaces in a dead end parking lot;

b.    6 foot chain link fence along W. Hallandale Beach Blvd.;

c.    A 396 square foot daycare building and 4 non-permitted sheds,

d.    A 5 foot wide sidewalk along W. Hallandale Beach Blvd and NW 5th Avenue;

e.    6 foot concrete wall along the west and north sides of the property.

 

2.)    Plans proposing the following:

 

Phase 1

 

  1. Demolition of the 396 square foot building and removal of several illegal sheds on the property;
  2. 3,903 square foot addition to include 4 classrooms, 2 offices, a storage facility, an assembly room and a laundry room. The addition will increase the number of students from 95 to approximately 250.
  3. Addition is proposed to have a shingle roof;
  4. A “mural advertising sign” consisting of a false front on the south elevation with painted windows and a door, sheet metal flowers and bushes affixed to the facade, a false chimney extending 7 feet above the roofline, and various metal stick figure statues ranging from 7 to 10 feet in height and 9 to 10 feet in width located in the front yard setback along Hallandale Beach Blvd.;
  5. Reconfiguration of the parking area to provide 15 parking spaces including 1 handicapped space, as required by Code;
  6. An 8’ high masonry wall on the property line on NW 1st Street (The Code requires a 6 foot high masonry wall with a 2 foot landscaped buffer between the wall and the sidewalk);
  7. A new picket fence of staggering heights with a maximum height of 8 feet along a portion of NW 1st Street and along NW 5th Avenue;
  8. A total of 15 credited trees consisting of 5 Live Oaks, 5 Mahoganies, 3 Gumbo Limbos, and 6 Cabbage Palms (Cabbage Palms are credited 3:1) are proposed on site (18 on site trees are required);
  9. 5 Royal Palm street trees along West Hallandale Beach Blvd and 10 Green Buttonwood street trees along NW 1st Street and NW 5th Avenue (16 street trees are required);
  10. A 4,423 square foot play area with an Astro-Turf groundcover (Astro-Turf is not permitted. The Code requires grass or other City approved groundcover material);
  11. 36.8% landscaped lot area is provided (A 15% landscaped lot area is required. The proposed play area is not calculated in the landscaped lot area);
  12. 8 foot wide sidewalk along W. Hallandale Beach Blvd and 5 foot wide sidewalk along NW 1st Street;
  13. A masonry dumpster enclosure located on the north side of the property.

 

Phase 2

 

  1. Renovations to the interior and exterior of the existing building upon completion of the Phase I addition. 

 

OTHER SITE DETAILS:

 

None

 

 

IV.        INTERDEPARTMENTAL REVIEW SUMMARY

 

 

A Development Review Committee (DRC) meeting was held on July 17, 2008 and revised plans were submitted on November 17, 2008 and April 3, 2009. The Building, Engineering, and Fire Divisions have all conditionally approved the most recent plans for Minor Development. Additional comments will be addressed during the Building Permit review process.

 

 

 

 

 

 

V.            COMPREHENSIVE PLAN CONSIDERATIONS

 

 

The request is consistent with the City’s Comprehensive Plan, as the General Commercial land use category permits daycare centers.

 

 

VI.          APPLICABLE CODES AND ORDINANCES

 

 

1.)   Article III, Section 32-176(e)(1) requires a street definition line at a maximum of 15 feet front yard setback from the street for redevelopment projects.

 

The existing structure is currently setback 20 feet from the property line. The proposed addition will be setback 18 feet from the front property line, resulting in a deficiency of 3 feet. Therefore, a waiver is needed from the above referenced provision. The side and rear setbacks are compliant under the Code.

 

2.)   Article IV, Section 32-384(e)(1) requires a 10 foot landscape buffer abutting all public rights-of-way.

 

The applicant is proposing to provide a 10 foot landscaped buffer along NW 1st Street as required. However, the applicant proposes a 5’-4” landscape buffer along NW 5th Avenue creating a 4’-8” deficiency which requires a waiver from the Code.

 

3.)   Article IV, Section 32-331(a) requires a 6 foot landscaped masonry wall on all commercial properties that have side or rear lot lines abutting or    separated by a public right-of-way from residentially zoned property. A minimum of 2 foot of the landscaped buffer strip shall be located between the wall and the right-of-way. 

 

The property to the North along NW 1st Street is zoned residential; therefore, the applicant is required to provide a 6 foot masonry wall. The plans show that an 8 foot high masonry wall will be provided on the property line along NW 1st Street; however, the applicant has agreed to reduce the wall to 6 feet in height and provide a 2 foot wide landscaped buffer as required by Code.

 

4.)   Article IV, Section 32-384(c)(3) requires one tree for every 1,500 square feet of total project area. Such trees shall meet the requirements stipulated in Article IV, Section 32-385(c) (2) and have a minimum height of 15 feet at the time of planting. Street trees are required to have a minimum of 20 foot at time of planting.

 

According to the Code criteria, 18 on site trees are required. The applicant proposes only 15 credit trees. 5 Royal Palm street trees are required and provided along Hallandale Beach Blvd. 11 Green Buttonwood street trees are required and along NW 5th Avenue and NW 1st Street; however, only 10 are proposed and they do no meet the minimum height of 20 feet.  The applicant has agreed to provide trees of the proper amount, height and species as required by Code.

 

5.)   Article IV, 32-384(g) requires that all yards and portions of the land not utilized for permitted structures, vehicular use areas, or walkways be covered with lawn grass or other City approved groundcover. Section 32-385(c)(5) prohibits synthetic or artificial material in the form of trees, shrubs or groundcover from being utilized in lieu of plant materials. 

 

The applicant proposes a 4,423 square foot play area along the west and north side of the property. The proposed groundcover material is Astro-Turf which is prohibited by the Code. The Code states that all areas of the land not utilized for buildings, vehicular use areas, or walkways be covered with grass. As such, the applicant’s proposal requires a waiver.

 

6.)   Article IV, Section 32-455(c)(1) requires daycare facilities to provide 3 parking spaces plus 1 space for every 500 square feet.

 

Based upon the above requirement, a 5,930 square foot daycare facility requires 15 parking spaces. The applicant is proposing 15 parking spaces; thereby meeting the parking requirement for the proposed use.

7.)   Article IV, Section 32-455(i)(4) requires that parking corridors in excess of four abutting parking spaces shall be designed to permit vehicle entry and exit in one continuous forward motion.

      The applicant is proposing to reconfigure the parking area to provide            the additional parking spaces required for the expansion. The new parking lot permits vehicle entry from NW 1st Street and exit onto   NW 5th             Avenue, thereby creating a continuous flow of traffic as required by Code.

8.)   Article IV, Section 32-635(b) requires an opaque dumpster enclosure be provided on the property not less than 10 feet from any street right-of-way.

      The applicant proposes a masonry dumpster enclosure setback 10    feet      from the property line which will be serviced from NW 1st Street.

9.)   Article IV, Section 32-605(d)(16) allows the City Commission to grant a waiver to exceed the maximum allowable signage area for murals which contain no copy advertising a specific business, product, or service offered on the premises. Section 32-605(d)(16)(b) excludes mural advertising signs from this provision defined as illustrative depictions pertaining to the business upon which the business is located.

The south elevation of the proposed addition shows a false front with painted windows and a door, sheet metal flowers and bushes affixed to the facade, a false chimney extending 7 feet above the roofline, and various metal stick figure statues ranging from 7 to 10 feet in height and 9 to 10 feet in width located in the front yard setback along Hallandale Beach Blvd. All of these elements are considered a mural advertising sign pursuant to Section32-605(16)(b) which excludes illustrative depictions pertaining to the business. As a result, the applicant is requesting a waiver from the above restriction in order for the Commission to allow his proposal.

______________________________________________________________________

 

VII.       REVIEW OF APPLICATION CRITERIA

 

     

As previously noted, the subject property is located within an officially designated redevelopment target area, therefore, Section 32-177 of the City Code allows the City Commission to modify any specified development standard through the Redevelopment Area Modification (RAM) process in lieu of a variance. RAM’s may be approved by the City Commission if it is determined that Code requirements significantly inhibit neighborhood or structural improvement efforts.

 

 

VIII.      STAFF RECOMMENDATIONS

 

 

The existing daycare facility currently has several nonconforming issues and the applicant is proposing to make significant improvements to the property and the adjacent rights-of-way that are in compliance with the development standards for the Planned Redevelopment Overlay District and the Citywide Master Plan. Although the proposed front yard setback does not meet Code, the degree of nonconformity will be reduced by the proposed redevelopment. In addition, the applicant is proposing a parking lot which provides for vehicle entry and exit in one continuous motion; however, it does not include the required 10 foot landscaped buffer required around vehicular use areas.

 

Hallandale Beach Boulevard has been identified as a target redevelopment corridor by the assignment of the Planned Redevelopment Overlay District. As such, specific development and design standards have been identified in the City’s adopted Design Guidelines manual regarding the styles and concepts that should be implemented in redevelopment efforts. It encourages Mediterranean architectural styles, soft pastels or muted indigenous colors and an overall uniformity with the neighboring properties, which this proposal does not provide. Architecturally, the building should have a barrel tile roof and a façade that compliments the surrounding properties. Additionally, the proposed signage does not coincide with the standards outlined in the Code or the City’s Design Guidelines. 

 

The subject property is located within a commercially zoned district and the use is consistent with the City’s Zoning and Land Development Code and the City’s Comprehensive Plan.

 

Based upon the above analysis, staff recommends the following:

 

Denial

 

1.    Waiver from Article IV, Section 32-605(d)(16)(b) restricting illustrative depictions pertaining to the business to exceed the maximum allowable sign area in order to permit a mural advertising sign and sculptures;

 

2.    Waiver from Article IV, Section 32-385(c)(5) prohibiting synthetic or artificial material from being used in lieu of plant materials. 

 

Approval

 

1.    Waiver from Article III, Section 32-176(g)(5)(a) requiring a maximum front yard setback of 15 feet.

 

2.    Waiver from Article IV, Section 32-384(e)(1) requiring a 10 foot landscaped buffer along vehicular use areas abutting a public right-of-way.

 

Subject to the following conditions: 

 

1.    The revised plans submitted for building permits shall include:

a.    A 6 foot masonry wall setback 2 feet from the public right-of-way along NW 1st Street to provide the required landscaped area;

b.    Eighteen (18) on site trees from the City’s approved species list 15 feet in height with a 3 inch caliper;

c.    Eleven (11) Green Buttonwood street trees 20’ in height;

d.    Proposed play area covered with grass or City approved groundcover; and

e.    Proposed addition and renovated building to have a barrel tile roof.

 

Prepared by:                                                   Concur:

 

 

___________________________                  __________________________         

Sarah Suarez                                                  Christy Dominguez                                         Senior Planner                                               Director of Planning and Zoning                    

                               

Reviewed:

   

_______________________________                                        __________

D. Mike Good, City Manager                                                               Date

 

 _____Approved                _____Disapproved               _____Hold for Discussion