CITY OF HALLANDALE BEACH, FLORIDA

MEMORANDUM

DATE:                        May 11, 2012

TO:                 Planning and Zoning Board

FROM:            Christy Dominguez, Director of Planning and Zoning        

THRU:                        Thomas J. Vageline, Director of Development Services

SUBJECT:     Applications #21-12-CU and #22-12-RD by Bourak Holdings, Inc.

                        712-720 NW 1^st Avenue

I.  BACKGROUND INFORMATION

APPLICANT: 

Bourak Holdings, Inc. 

Hallandale Auto Electric

REQUEST:    

Applications #21-12-CU & #22-12-RD by Bourak Holdings, Inc. requesting a Conditional Use Permit and a Redevelopment Area Modification in order to construct a parking lot at the property located at 712-720 NW 1^st Avenue.

The applications are as follows:

1. Application #21-12-CU requesting a Conditional Use permit pursuant to Section 32-154(c)(6) in order to construct a parking lot in a RD-12 residential two-family (duplex) zoned district; and

2. Application #22-12-RD requesting a Redevelopment Area Modification from Section 32-172(e)(4) of the Zoning and Land Development Code which states new or reconstructed access to commercial projects within the North Dixie Highway Overlay District shall not be located a distance greater than 130 feet west from North Dixie Highway along local streets.

LOCATION:   

The subject property is located at 712-720 NW 1^st Avenue and is legally described as:

Lots 7, 9, and 11, Block 1 of the George M. Phippens Subdivision

The subject property is comprised of 3 vacant parcels along NW 1^st Avenue and adjacent to the Hallandale Auto Electric repair shop, operated by Bourak Holdings, Inc. Lots 9 and 11 of the subject property are owned by the Max Milgram Estate and Lot 7 is owned by Bourak Holdings, Inc. 

LOCATION MAP

Hallandale Auto Electric

Operated by Bourak Holdings, Inc.

Lots 9 & 11- Milgram Estate

Lot 7-Bourak Holdings Inc

PLANNING DISTRICT

Northwest

PARCEL SIZE

Lot 7: 150 feet X 50 feet = 7,500 square feet, or 0.17 acres

Lot 9: 150 feet X 50 feet = 7,500 square feet, or 0.17 acres

Lot 11: 150 feet X 50 feet = 7,500 square feet, or 0.17 acres

Total: 22,500 square feet = 0.51 net acre    

EXISTING ZONING

RD-12 residential two-family (duplex) district.

The North Dixie Highway Overlay District is also assigned to the property. 

REDEVELOPMENT AREA MODIFICATIONS

This property is located within the North Dixie Highway Overlay district, thus the requirements of Article III Section 32-172 apply to the property. Section 32-172(f) allows the City Commission to modify underlying zoning and land development code or any site development standard through the Redevelopment Area Modification (RAM) process.

RAM’s may be approved by the City Commission if they determine all the criteria of Article III Section 32-177(a) of the Code are met. RAMs are not subject to the variance criteria of Article VIII nor do they require Planning and Zoning Board consideration.

EXISTING USE:        

Vacant lot

PROPOSED USE:    

Surface parking lot

COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION:         

City:     Regional Activity Center (RAC)

County: Regional Activity Center (RAC)

SURROUNDING ZONING:

            N:        Residential Duplex (RD-12) District

            S:         Residential Duplex (RD-12) District

            E:         Business General (B-G) District

            W:        Residential Duplex (RD-12) District

                        Recreation and Open Space (OS) District

SURROUNDING LAND USE:

            N:        Single family residential

            S:         Parking lot

            E:         Auto repair shop

            W:        B.F. James Park and a vacant lot

II.  LAND USE HISTORY

RELATED LAND USE HISTORY: 

The applicant, Bourak Holdings, Inc., utilizes his property and leases the Milgram Estate properties in order to operate the Hallandale Auto Electric repair shop at 713-723 North Dixie Highway, adjacent to the subject lots. In June 2010, the Code Compliance Division cited the property for vehicles being parked and/or stored on the vacant lot. The case was presented to the Special Magistrate on November 4, 2010 and a Final Order was granted. The applicant met with staff on multiple occasions to discuss the application process for approving a parking lot; however, corrective action was not taken in the allotted time and fines were imposed on November 3, 2011 at $100 per lot per day.

On January 20, 2012, the applicant filed the subject applications for a Conditional Use Permit and Redevelopment Area Modification. Pursuant to Section 32-172(f), the Redevelopment Area Modification does not require Planning and Zoning Board action and will be considered by the City Commission concurrent with the Conditional Use application.

PREVIOUS REQUESTS ON SAME PROPERTY: 

None, relative to this request.

III.  DETAILS OF THE APPLICATION/EXHIBITS

DEVELOPMENT DETAILS: 

The applicant's site plan depicts the following:

1.) Three 7,500 square foot parcels combined for a proposed a 22,500 square foot parking lot;

2.) The Hallandale Auto Electric repair shop fronting North Dixie Highway;

3.) A proposed asphalt parking lot with 37 parking spaces (9 parking spaces per bay are required for a total of 21 parking spaces);

4.) An expanded 24 feet wide, two-way driveway along NW 8^th Street;

5.) A new 6 feet high masonry wall along NW 8^th Street and NW 1^st Avenue, setback 8 feet from the property line;

6.) A total of 22 trees for credit are proposed consisting of Yellow Tabebuia, Gumbo Limbo, and Queen Palm trees (15 trees are required);

7.) 29.6% of landscaped area is proposed (25% of landscaped area is required).

OTHER SITE DETAILS: 

None.

IV.  INTERDEPARTMENTAL REVIEW SUMMARY

A Development Review Committee (DRC) meeting was held on March 1, 2012 to review the plans. The applicant has made revisions to the plans accordingly. The City Engineer had several comments relative to drainage calculations which will be addressed at the time of building permits. 

V.  COMPREHENSIVE PLAN CONSIDERATIONS

The proposal is consistent with the City's Comprehensive Plan.

VI.  APPLICABLE CODES AND ORDINANCES

1. Section 32-154(c)(6) of the Zoning and Land Development Code allows parking lots in RD-12 residential two-family (duplex) district by a Conditional Use permit.

The applicant proposes to install a parking lot on land totaling 22,500 square feet. The parking lot would serve as supplemental parking for the existing Hallandale Auto Electric repair shop fronting North Dixie Highway. The parking lot would be accessed via the existing driveway on NW 8^th Street, which would be widened to a two-way driveway.

2. Section 32-172(e)(2) requires a buffer area be provided adjoining residentially zoned property from commercially zoned property. 

The subject property is located within the North Dixie Highway Overlay District which requires commercial properties be heavily screened from adjacent residential zoned properties. The applicant proposes a six (6) foot high masonry wall along NW 8^th Street and NW 1^st Avenue. The wall will be setback eight (8) feet from the property line and will be densely landscaped in accordance with the Code and the City’s Design Guidelines Manual, as required.  

3. Section 32-455(c)(2) of the Zoning and Land Development Code requires vehicle repair service stations to provide 3 parking spaces plus 3 spaces per bay.

The existing auto repair shop has nonconforming parking along North Dixie Highway, which is grandfathered in and not compliant with the above parking standards. The proposed parking lot would serve as supplemental parking. Based on the current code standard, 21 parking spaces would be required. The proposed parking lot would provide 37 parking spaces, thereby exceeding the required number of spaces for the business.

4. Section 32-384(c) of the Zoning and Land Development Code requires one tree be provided for each 1,500 square feet of project site area, at least 50 percent of which shall be native, drought-tolerant species.

Based upon the above provision, 15 trees are required. The plan depicts 8 Yellow Tabebuia trees, 7 Gumbo Limbo trees, and 15 Queen Palms. Queen Palms count for ½ credit each; therefore, 22 trees for credit are proposed, exceeding the Code requirement. In addition, the Gumbo Limbo trees and the Queen Palms are native, drought-tolerant species, thereby exceeding the requirement.

5. Section 32-384(a)(7) of the Zoning and Land Development Code requires that all permitted nonresidential uses in residential districts have a 25 percent landscaped area on-site. Section 32-384(e) requires a 10 foot landscape buffer for any vehicular use area abutting a public right-of-way.

The existing lots are vacant (although presently used for parking on a non-hard paved surface). The proposed parking lot will provide 29.6% of landscaped area. In addition, there will be a 20 foot landscape buffer along NW 8^th Street and a 13 foot 4 inch landscape buffer along NW 1^st Avenue, which exceeds the Code requirement.

6. Section 32-172(e)(4) of the Zoning and Land Development Code states all development proposals shall provide shared access easements to adjoining properties and projects wherever practical. Interconnection of developments shall be required as necessary to minimize the number of curb cuts and driveways onto local streets. Further, new or reconstructed access to commercial projects within the North Dixie Highway Overlay District shall not be located a distance greater than 130 feet west from North Dixie Highway along local streets.

The proposed parking lot includes three separate parcels owned by two different entities (the Milgram Estate and the applicant). As such, a cross-access agreement will be required to be executed by both owners ensuring access to the site is provided in perpetuity. In addition, the subject property presently has an unpaved accessway along NW 8^th Street and an unpaved accessway along NW 1^st Avenue, both of which are approximately 10 feet wide. The accessway along NW 1^st Avenue will be eliminated, consistent with the requirements of the North Dixie Highway Overlay District. The accessway along NW 8^th Street will be expanded to create a 24 foot wide, paved driveway. The proposed driveway is 9 feet from the existing auto repair shop to the east which is 134 feet from North Dixie Highway. This is a deficiency of 4 feet; thus, a redevelopment area modification is required.

VII. STAFF ANALYSIS

The proposed parking lot would be located adjacent to the Hallandale Auto Electric repair shop and is intended to serve that business only. Hallandale Auto Electric currently provides access to the service bays along North Dixie Highway and has limited nonconforming back-out parking. Although the subject property is zoned RD-12 residential two-family (duplex) district, a parking lot is permissible by a conditional use permit. The parking lot will provide supplemental parking for the Hallandale Auto Electric repair shop and will bring the nonconforming parking conditions into compliance with City Code. The redevelopment area modification request to install a driveway at a distance greater than 130 feet from North Dixie Highway is justified, as the auto repair shop is built to the property line and extends 125 feet from North Dixie Highway. Installing the driveway any closer to North Dixie Highway would create a visibility issue for vehicles trying to exit the proposed parking lot.

In addition, the subject property is presently vacant and unimproved. The applicant proposes to install a six (6) foot high perimeter wall which will be densely landscaped with hedges and trees, to screen the parking lot from neighboring residential uses as required for properties within the North Dixie Highway Overlay. The applicant will also be required to repair any broken sidewalks and replace sod in the swale area adjacent to the site, creating an overall aesthetic improvement to the area.

VIII.  REVIEW OF APPLICATION CRITERIA

Conditional Use

ARTICLE VIII, Section 964. Conditional Uses:  Applications for conditional uses shall be reviewed with consideration given to the following:

(1)        That the use is compatible with the existing natural environment and other properties within the neighborhood.

Consistent. The surrounding neighborhood is currently zoned B-G, Business General to the east and RD-12 residential two-family (duplex) on all other sides. Parking lots are a permitted use in both zoning districts.

(2)        That the use will create no substantial detrimental effects on property values in the neighborhood.

Consistent. The surrounding area is comprised primarily of commercial/auto repair uses to the east along North Dixie Highway, B.F. James Park to the west, a parking lot to the south, and residential to the north. The subject property is currently vacant and unmaintained. The proposed use will not create substantial detrimental effects on any surrounding property values but rather an improvement to the area.

(3)        That there are adequate public facilities such as schools, roads, parks, and utilities within the service areas involved.

 Consistent. Adequate public facilities exist within the subject service area.

(4)        That there will be adequate provisions for the traffic movement, both vehicular and pedestrian, both internal to the use and in the area which will serve the use.

Consistent. The parking lot will be designed to provide for adequate vehicular traffic and pedestrian traffic movement internally and externally. The layout of the parking lot will permit vehicle entry and exit in one continuous forward motion. In addition, a paved two-way driveway will be added along NW 8^th Street and the sidewalks will be repaired and trees installed along the perimeter of the property to provide adequate conditions for pedestrians.

(5)        That there will be adequate drainage systems to service the use with particular attention to the necessity for on-site retention systems to alleviate drainage and pollution problems.

Consistent. The property is currently vacant; however, the proposed plans depict 3 catch basins and 3 exfiltration trenches all onsite. At the time of permitting, the City Engineer will determine if additional site drainage is necessary.

(6)        That there are adequate setbacks, buffering, and general amenities in order to control any adverse effects of noise, light, dust, and other nuisances.

Consistent. The applicant proposes to install a 6 foot high masonry wall along NW 8^th Street and along NW 1^st Avenue, which will buffer the residential uses and park to the west. The wall will be setback 8 feet from the property line and will also be densely landscaped with hedge materials and shade trees. The subject property will be used as the parking lot for the adjacent auto repair shop and will only be accessible during normal business hours.

(7)        That the land area is sufficient, appropriate and adequate for the use and for any reasonably anticipated expansion thereof.

Consistent. The site is located in between commercial and residential properties. The parking lot is a low-intensity use making it an appropriate use to separate the commercial uses from residential uses. The proposed parking lot provides parking spaces in excess of what is required by Code; therefore, any anticipated needs could be accommodated.

(8)        Any other conditions as may be stipulated and made a requirement in granting any application for a conditional use, when it is considered necessary to further the intent and general welfare, including but not limited to:

(a)        Limitations on the hours of business operations.

(b)        Limitations on the number of occupants of any building at any one time.

Consistent. The existing business will not operate in the evening hours.

Redevelopment Area Waiver Criteria

The property is located within the Planned Redevelopment Overlay District; thus, the provisions of Section 32-172(f) apply to the property. Section 32-172(f) allows the City Commission to modify underlying zoning and land development regulations or any North Dixie Highway Overlay district development standard 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 auto repair building extends 125 feet from North Dixie Highway and does not allow the proposed driveway for the parking lot to be installed less than 130 feet from North Dixie Highway, as required by Code, without creating an unsafe visibility issue.

2. The modification adequately provides for service areas and other development features for the project.

      Consistent. The proposal provides adequate pedestrian access to service areas and development features. The proposed parking lot has been designed to provide access from NW 8^th Street.

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

Consistent. Appropriate reviewing departments have confirmed the proposal provides adequate access by emergency and service vehicles.

4. The modifications adequately provide for visibility of access.

Consistent. The existing driveway along NW 8^th Street will be widened to accommodate two-way traffic into and out of the proposed parking lot. The applicant is requesting a RAM to allow the driveway to extend 134 feet from North Dixie Highway instead of the maximum 130 feet in order to provide an unobstructed view of NW 8^th Street for vehicles exiting the property.  

IX. STAFF RECOMMENDATIONS

The subject property is presently a vacant lot which is unsightly and prone to Code Compliance issues. The applicant’s business, Hallandale Auto Electric, does not have adequate parking or landscaping facilities and the proposed parking lot will alleviate some of the nonconformities. The subject application meets the requirements of the City Code; therefore, staff has no objections to the approval of the application for a Conditional Use Permit subject to the following conditions:

1. A solid 6 foot high masonry wall shall be constructed along NW 8^th Street and along NW 1^st Avenue setback 8 feet from the property line and densely landscaped in accordance with City Code and the City’s Design Guidelines Manual.  

2. Any broken sidewalks or sod in the right-of-way shall be repaired/replaced.

3. The parking lot shall not be used for the outdoor storage of vehicles and/or equipment.

4. A cross access agreement joining the parcels together for the parking lot use shall be executed by both property owners and a recorded copy provided to the City at the time of building permits.

Prepared by:   ____________________

                        Sarah Suarez, AICP

Senior Planner