CITY OF HALLANDALE BEACH

MEMORANDUM

 

 

DATE:                        October 29, 2009

 

TO:                 D. Mike Good, City Manager

 

FROM:            Richard D. Cannone, Director of Development Services

 

SUBJECT:     Application #63-09-RD by PC USA RE, LLC Requesting Redevelopment Area Modifications (RAM) in Order to Expand and Renovate the Shopping Center Located at 700-710 South Dixie Highway.

 

 


I.          BACKGROUND INFORMATION

 

 

APPLICANT:

 

PC USA RE, LLC

 

PURPOSE/REQUEST:        

 

The applicant is requesting Redevelopment Area Modifications (RAM) in order to renovate and expand the existing shopping center with a 3,958 square foot addition at the property located at 700-710 South Dixie Highway.

                       

The requested RAMs are as follows:

 

1.    Article III, Section 32-178(d)(2)(b) requiring a rear yard setback of 20 feet when separated by a public right-of-way from residentially zoned property.

 

2.    Article IV, Section 32-384(e)(1) requiring a 10 foot landscape buffer around the perimeter of all vehicular use areas abutting public rights-of-way.

 

3.    Article IV, Section 32-384(e)(2) requiring a 5 foot landscaped buffer around the perimeter of all vehicular use areas abutting side common property lines.

 

LOCATION:

 

The property is located at 700-710 S. Dixie Hwy.

Refer to the attached survey for the full legal description

 

PLANNING DISTRICT:

 

Southwest

 

PARCEL SIZE:

 

27,436 Square Feet (.63 Acres)

EXISTING ZONING:

 

Business General (B-G). The South Dixie Highway Overlay District is also assigned to the property.

 

REDEVELOPMENT AREA MODIFICATIONS:

 

This property is located within the South Dixie Highway Overlay District, thus the requirements of Article III Section 32-178 apply to the property. Section 32-178(d)(12) of the City Code allows the City Commission to modify underlying zoning and land development code site development standards, landscaping, off-street parking and signage requirements or South Dixie Highway Overlay District supplemental development standards through the redevelopment area modification process. RAMs are not subject to the variance criteria of Article VIII nor do they require Planning and Zoning Board consideration.

 

EXISTING USE:

 

A 5,350 square foot shopping center.

 

PROPOSED USE:

 

A 9,308 square foot shopping center with office and retail use

 

COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION:

 

City:         General Commercial

County:   Commercial

 

SURROUNDING ZONING:

 

N:        B-G Business General and South Dixie Highway Overlay District

S:         B-G Business General and South Dixie Highway Overlay District

E:         B-G Business General and Planned Development Overlay District (PDD)

W:        Residential Duplex (RD-12) and South Dixie Highway Overlay District

 

SURROUNDING LAND USE:

 

N:        Vacant

S:         Commercial

E:         Commercial

W:        Residential Duplexes

 

 

 

 

 

 

 

 

II.         LAND USE HISTORY

 

 

RELATED LAND USE HISTORY:

 

None, related to this application

 

PREVIOUS REQUESTS ON SAME PROPERTY:

 

In addition to the subject application, the applicant also filed Application #51-08-DR for Minor Development review in order to renovate and expand the existing strip center with a 3,958 square foot addition. Minor Development applications are only subject to staff review/approval. The application is pending the City Commission’s decision on the Redevelopment Area Modification requests for final processing by staff.

 

 

III.           DETAILS OF THE APPLICATION / EXHIBITS

 

 

DEVELOPMENT DETAILS:

 

      The applicant’s plans propose the following:

 

  1. Exterior renovation of the existing 5,350 square foot building;
  2. Addition of 1,231 square feet of retail use and 2,727 square feet of office use (total of 3,958 square feet of new construction);
  3. 36 parking spaces are proposed, including 2 handicapped spaces (33 spaces are required);
  4. Continuation of the 6 foot masonry wall along the west side of the property;
  5. 19 onsite trees are provided 15 feet in height with at least a 3 inch caliper (19 onsite trees are required 15 feet in height with a 3 inch caliper);
  6. A 2 feet 1 inch landscaped buffer along the south property line (5 feet minimum is required);
  7. An 8 feet 7 inch landscaped buffer along S. Dixie Highway (10 feet minimum is required);
  8. A 6 foot sidewalk along S. Dixie Hwy and a 5 foot sidewalk along SW 7th Street;
  9. A 23 foot entrance/exit on SW 7th Street.  

 

OTHER SITE DETAILS:

 

The applicant submitted the proposed plans to the Broward County Highway and Engineering Division for review. Per the Broward County Trafficways Plan, the applicant is required to dedicate 20 feet of right-of-way from the undeveloped parcel to the north, dedicate an additional 4 feet of right-of-way the length of the site along South Dixie Highway, and provide a 6 foot sidewalk along South Dixie Highway. The project will be subject to final approval by Broward County.

The applicant is also required to dedicate 25 feet of right-of-way to the City in order to realign SW 7th Street and provide a 5 foot sidewalk along SW 7th Street.

 

 

IV.        INTERDEPARTMENTAL REVIEW SUMMARY

 

 

A Development Review Committee (DRC) meeting was held on July 17, 2008, November 6, 2008 and March 6, 2009. The Building, Engineering, and Fire Divisions have all conditionally approved the most recent plans for Minor Development.

 

 

V.            COMPREHENSIVE PLAN CONSIDERATIONS

 

 

Staff finds that this development is consistent with the City’s Comprehensive Plan. Specifically, the General Commercial designation permits office and retail uses and mixed uses. The office building proposed by the applicant is permitted under the land use category. Additionally, the proposed project will assist in furthering the following policies and objectives of the City’s Comprehensive Plan:

 

Policy  1.2.7: The City shall continue to implement the South Dixie Corridor Plan. The City will have succeeded in meeting this objective if all further development is consistent with plan recommendations and overlay district standards, and if additional City investment occurs.

 

Policy  1.2.11 The City shall reduce land use conflicts through prohibiting incompatible commercial uses in residential neighborhoods through enforcement of the Hallandale Beach Zoning District requirements. Commercial development shall be limited primarily to the perimeter areas of Hallandale Beach’s planning districts (as delineated in this Element). Well-planned mixed use projects and appropriate neighborhood commercial uses in defined neighborhood commercial nodes are encouraged where they will improve an area or serve as neighborhood centers. However, commercial uses within residential areas shall not be considered incompatible if, through proper screening, buffering, design and access control, goals there are no significant noises, odors, fumes, vibrations, or other negative impacts beyond the site boundaries, and provided the use is either tied to a neighborhood commercial node, or a peripheral commercial corridor or area.

 

Policy 1.5.5: The commercial policy statements and categories in the Hallandale Beach Land Use Plan shall form the basis for zoning categories and land development regulations which establish different intensities of commercial development compatible with their respective service areas and adjacent and surrounding land uses.

 

Objective1:12: Land Use Consistency: The City shall manage growth and development through the continued administration, and enforcement of the Hallandale Beach Zoning and Land Development Code which shall ensure that future land uses remain consistent with this Plan.

 

Policy 1.12.2: The City shall continue to ensure that the provisions of the Hallandale Beach Zoning and Land Development Code include all necessary site plan requirements to further the intent of this Comprehensive Plan. These requirements shall include but not be limited to adequate drainage and stormwater management, landscaping and open space requirements, signage regulations, subdivision regulations, safe and convenient on-site traffic flow, vehicle parking and consistency of land uses with Plan designations.

 

Policy 1.12.4: The City shall maintain innovative land development regulations that encourage mixed-use developments and incorporate site design planning techniques that will enhance the quality of large scale developments or redevelopment areas.

 

Objective 1:18: Urban Infill and Redevelopment: Establish criteria which encourage development of urban infill and urban redevelopment area(s) to promote economic development, increase housing opportunities and maximize the use of existing public facilities and services.

 

Policy 1.18.1: Increase economic development and employment opportunities within urban infill and urban redevelopment area.

 

 

VI.          APPLICABLE CODES AND ORDINANCES

 

 

1.) Section 32-178(d)(2) of the Code requires the following yard setbacks for sites located within the South Dixie Highway Overlay District.

 

     * Existing nonconforming condition.

 

The existing structure is currently setback 9 feet 9 inches from the rear property line. The proposed addition will be built to the existing setback, resulting in a deficiency of 10 feet 3 inches.  The front yard setback and the corner side yard setback are compliant under the Code. The existing interior side yard setback is legally nonconforming. Therefore, the only setback waiver required is from the rear yard provision.

 

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

 

Per the Broward County Trafficways Plan, the applicant is required to dedicate an additional 4 feet of right-of-way along S. Dixie Highway. The applicant is proposing a 5 foot 7 inch landscape buffer instead of the required 10 foot minimum, thereby creating a 4 foot 5 inch deficiency which requires a waiver from the Code.

 

3.) Article IV, Section 32-384(e)(2) requiring a 5 foot landscaped buffer around the perimeter of all vehicular use areas abutting side common property lines.

 

The applicant proposes to provide a 2 foot 1 inch landscaped buffer along the south property line, creating a 2 foot 11 inch deficiency. Therefore, a RAM is required.

 

4.) Article III, Section 32-160(d)(5) requires that properties zoned Business General (B-G) maintain at least 15% of the property as landscaped.

 

To comply with the above provision, the development site is required to maintain 4,115 (15%) square feet landscaped. The applicant proposes that 5,585 square feet (20.3%) will remain landscaped, thus exceeding the requirements of the provision.

 

5.) 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 feet of the landscaped buffer strip shall be located between the wall and the right-of-way. 

 

The west side of the property abuts a public alleyway; therefore, the applicant is required to provide a 6 foot masonry wall. There is an existing 6 foot wall along the portion of the property with the existing building. The applicant proposes to continue the 6 foot wall along the remaining portion of the property and provide a 2 foot wide landscaped buffer as required by Code.

 

6.) 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.

 

According to the Code criteria, 19 onsite trees are required. The applicant proposes 19 credit trees, including 10 Silver Buttonwoods, 4 Satin Leafs and 5 White Geiger all 15 feet in height with at least a 3 inch caliper.

 

Additionally, there are 3 existing Mahogany trees on the property that the applicant proposes to remove. The trees are located underneath power lines and are in poor condition. In order to remove the trees, the applicant is required to pay into the City’s Tree Preservation Fund in accordance with Chapter 29, Trees, of the City’s Code of Ordinances.

 

7.) Article III, Section 32-178(d)(9) requires that street trees be installed at a minimum of 1 tree every 30 linear feet of street frontage. In addition, each tree shall have a minimum height of 20 feet at time of planting with a 3 inch caliper. The designated street tree along local streets in the South Dixie Highway Overlay District is the Mahogany Tree.

 

Based upon the Code provision above, 3 street trees are required along SW 7th Street. Five (5) Hybrid Hollys are proposed, however, they do not meet the required minimum height of 20 feet or the required species.  The applicant has agreed to provide 3 Mahogany street trees at least 20 feet in height with a 3 inch caliper as required by Code.

 

8.) Article IV, Section 32-455(c)(2) requires parking to be provided in accordance with the City’s Administrative Parking Standards Document which requires 1 parking space be provided for every 250 square feet of gross floor area of office use. Retail uses are required to provide 1 parking space per every 300 square feet of gross leasable area.

 

Based upon the above requirement, a building with 2,727 square feet of office use requires 11 parking spaces and 6,581 square feet of retail use requires 22 parking spaces for a total of 33 parking spaces required. The applicant is proposing 36 parking spaces; thereby exceeding the parking requirement for the existing and proposed uses.

______________________________________________________________________               

VII.       REVIEW OF APPLICATION CRITERIA

 

     

Redevelopment Area Modification Criteria

 

As previously noted, the subject property is located within an officially designated redevelopment target area, therefore, Section 32-178(d)(12) of the City Code allows the City Commission to modify underlying zoning and land development code or South Dixie Highway Overlay District development standards through the Redevelopment Area Modification (RAM) process in lieu of a variance. This process is consistent with the City’s Comprehensive Plan. 

 

Pursuant to Section 32-177(a), the City Commission may grant redevelopment area modifications for specified development standards relating to any proposed project if it is determined that all the following criteria is met:

 

1.    The code standards are determined to significantly inhibit neighborhood or structural improvement efforts.

 

      Consistent. The existing structure is presently located 9 feet 9 inches from the rear property line. The applicant is proposing to extend along the existing nonconforming setback line in order to maintain a uniform appearance. Meeting the Code required 20 foot rear yard setback for the addition would require the building width be reduced from 40 feet to 30 feet which would significantly inhibit structural improvement efforts.

 

      In addition, per the Broward County Trafficways Plan, the applicant is required to dedicate 20 feet of right-of-way from the undeveloped parcel to the north, dedicate an additional 4 feet of right-of-way the length of the site along South Dixie Highway, and provide a 6 foot sidewalk along South Dixie Highway significantly reducing the size of the property and allowing the applicant to provide only a 5 foot 7 inch landscape buffer along S. Dixie Highway. To provide the required 10 feet would compromise the number of parking spaces and thereby significantly inhibit the proposed redevelopment.

 

2.    The modifications adequately provide for service areas and other development features for the project;

 

      Consistent. The granting of the requested RAMs will allow the development to provide adequate pedestrian access to service areas and development features.

 

3.    The modifications adequately provide for service and emergency vehicle access;

 

      Consistent. The applicant’s proposal has been reviewed by City staff from appropriate departments and all have confirmed that the proposal provides adequate access by emergency and service vehicles.

 

4.    The modifications adequately provide for visibility of access.

 

Consistent. The project has been designed such that the requested modifications will assist in providing ADA required access and better visibility. 

 

 

VIII.      STAFF RECOMMENDATIONS

 

 

The existing shopping center is outdated and considerably underutilized. The applicant is proposing to make significant improvements to the property and the adjacent rights-of-way, in particular the realignment of SW 7th Street and the installation of sidewalks and street trees. Although the proposed rear yard setback does not meet Code, the addition is not extending beyond the existing rear yard setback line. Further, Broward County is requiring the applicant to dedicate 24 feet of right-of-way, which has resulted in a 4 foot 5 inch deficiency in the required landscape buffer along the vehicular use area adjoining South Dixie Highway.

 

South Dixie Highway has been identified as a target redevelopment corridor by the assignment of the South Dixie Highway 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 provides.

 

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 has no objections to the requested RAMs from the rear yard setback requirement or the side and front landscaped buffer requirements subject to the following conditions: 

 

1.    The appropriate fees shall be paid into the City’s Tree Preservation Trust Fund for the removal of the three (3) Mahogany Trees.

 

 

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