CITY OF
COMMUNITY DEVELOPMENT DEPARTMENT
TO: Mayor
and City Commission
FROM: Richard
D. Sala, City Manager
BY: Tammy
L. Reed-Holguin , Community Development Director
DATE: January 30, 2007
SUBJECT: SPR 06-06 -Pollo
Tropical
Preliminary
and Final site plan approval to construct a fast food restaurant in a Community
Business (B-2) Zoning District.
APPLICANT: CKE Group, Inc.
The applicant is proposing to construct a 3,419.84
square foot building to house Pollo Tropical on an outparcel of the Shoppes of McNab shopping center located at 8002 West McNab Road. Please be advised that this parcel was
previously occupied by a sit-down restaurant known as “Chez Max”, which was
demolished because of a fire.
Pollo Tropical is presenting a
site plan to build what may be classified as a fast food restaurant with the
hours of operation from approximately 10:30 a.m. until 12:00 midnight seven
days a week. The specific extent of the proposed site plan is detailed in Attachment A and is made a part of this
report.
The Development Review Committee (DRC) met on December
18, 2006 and reviewed the site plan of the project. The DRC suggested a few revisions to the plan
submitted. The applicant has revised the
plans accordingly. The DRC made a
recommendation for a consideration and approval by the Planning and Zoning
Board and City Commission.
The project is located within the City’s designated
redevelopment area “McNab Road Commercial Redevelopment Overlay District”. City Administration and the property owner
have discussed the desired elements of redevelopment along this corridor. These
element include but are not limited to attraction and retention of
viable and desirable businesses, pleasing architectural features and
landscaping consistent with the overall design of the district to enhance the
development and the inclusion of design elements that create a pedestrian
friendly center. Both the City and the
property owner recognize that there is an opportunity to create synergy between
this commercial plaza and the City’s
The property owner has undertaken significant
renovations of the shopping plaza and has worked with City Administration on
the façade treatments of the center and in addressing nuisance uses within the
plaza. In order to support him in his
effort to attract the right mix of tenants and upgrade the commercial area, it
is our desire to identify and facilitate the approval of businesses that meet
the vision of the City Commission for redevelopment.
Typically, Pollo Tropical
is considered a fast food (drive-thru) restaurant with some eat-in
accommodations without table service. As
you are aware, fast food restaurants is one of the prohibited uses in the
In the past, there has been inadequate parking at
this shopping center. The applicant and the owner have worked together to
prepare plans to create additional parking spaces on the adjacent out-parcel
within the shopping center. The
applicant has therefore met the parking requirements set forth in the City’s
Code of ordinance for the proposed business. Staff also reviewed the lease
agreement provided by the applicant and verified cross access-cross easement
agreement to facilitate additional parking if necessary.
In addition, the proposed site plan also requires
two variances in order to construct the building on this parcel. One variance is to reduce the front setback
of the building and the second is to reduce the landscape buffer to 50% of the
requirement. The applicant is presenting
these variance requests tonight and the site plan approval is contingent upon
favorable outcome of the variances.
As
the City Commission’s Advisory Body, the Planning and Zoning Board met on
January 24, 2007. After a staff presentation and public hearing, there was
discussion regarding the impact reducing landscape buffer and front setbacks. There was also discussion regarding the
architectural features and colors of the exterior of the building. The Board was concerned how this building
would complement the existing shopping center and fit into the overall
redevelopment plans of the corridor. The
applicant agreed to continue to work with staff on the design. After discussion and review by the Board, a
motion was approved to forward the item to City Commission for consideration
and approval.
RECOMMENDATION
Should the City Commission
wish to approve the applicant’s request for site plan approval, it is
recommended that the approval be subject to the following conditions:
1.
The applicant shall comply with applicable City Codes and Florida
Building Codes.
2.
All terms, conditions and provisions imposed by the Planning and Zoning
Board, City Commission, DRC and Staff including all life, health and safety
Codes pertaining to this development shall be met prior to the issuance of
building permits.
3.
The DRC, Planning and Zoning Board and City Commission reserve the
right to impose any additional requirements deemed necessary during subsequent
approval reviews.
4.
Every step shall be taken by the applicant to conform to environmental
regulations.
5.
Copies of all applicable permits and approvals by other regulatory
agencies shall be provided to the City prior to issuance of building permits.
6.
The applicant shall obtain proper approvals such as Certificate of
Occupancy and Business Licenses.
7.
Any additional conditions imposed by Staff regarding landscaping shall
be met prior to the issuance of permits.
8.
Applicant will provide storm water drainage calculations prior to
permitting.
9.
Signage will be reviewed and permitted separately and sign waivers will
be brought forth for consideration if needed.
10.
Should the hours of operation be extended beyond the mid-night, the applicant
must meet all City requirements pertaining to an operation open after 12 midnight.
11.
Approval is contingent upon the approval of the proposed variance (VAR
06-05).
12.
Applicant will continue to work with staff on architectural features
and the color of building exterior.
If the Commission concurs with the applicant’s request,
a motion is in order to approve the proposed site plan.
