CITY OF NORTH LAUDERDALE

CITY OF NORTH LAUDERDALE

COMMUNITY DEVELOPMENT DEPARTMENT

TO: Mayor and City Commission

FROM: Richard D. Sala, City Manager

BY: Tammy L. Reed-Holguin, Community Development Director

DATE: March 11, 2008

SUBJECT: VAR- 07-02 Pollo Tropical

8096 West McNab Road

Second Reading:

To permit reduced building setbacks and landscape buffer by granting variances from Section 106-442 (1) and Section 102-59 (1) of the City Code of Ordinances.

APPLICANT: Pollo Operations, Inc.

The applicant is proposing to construct a 3,438.27 square foot building to house Pollo Tropical on an outparcel of the current Shoppes of McNab shopping center located at 8096 West McNab Road

On January 30, 2007, Pollo Tropical presented a site plan with associated variances to the City Commission for approval to build a restaurant on the outparcel of Shoppes of McNab. The City Commission after thorough consideration voted 4-1 to disapprove the request for variances.

The applicant has revised the site plan to address some of the concerns that were expressed during the meeting in 2007. Despite the revisions, the project still requires two variances to accommodate the commercial structure. They are back before you tonight with a request for variances. The burden to justify the requested variances falls on the applicant. Their justification statement is attached as “Exhibit A” for your consideration.

The applicant is requesting a variance from the City’s setbacks and landscaping buffer Codes. The City’s code requires building setbacks of 50 feet (per section 106-442 (1) and 10 feet in landscaping buffer per section 102-59 (1). This would provide a 26.93 feet reduction in front building setbacks from the traffic way, and 5 feet reduction of landscape buffering along right-of-way including curb.

The requested variances are listed in the table below:

TYPE OF VARIANCE

CODE REQUIREMENTS

PROPOSED

VARIANCE REQUESTED

Section 106-442 (1)

Building Setbacks

50 feet

26.93 feet

23.07 feet

Section 102-59 (1)

Landscape Buffer

10 feet

5 feet

ANALYSIS AND FINDINGS

Per the guidelines and criteria contained in Section 106-79 of the City Code, a variance shall not be granted unless the City’s governing body determines the following:

1. That special circumstances exist affecting the land involved preventing the reasonable use of such land.

2. That the circumstances, which cause the hardship, are peculiar to the property, such that they clearly constitute marked exceptions to other properties in the district.

3. That the hardship is not an economical hardship.

4. That the hardship is not self-created.

5. That the variance is the minimum variance that will make possible the reasonable use of the property and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

Staff has reviewed the application in light of the guidelines and criteria listed above and have made the following determination based upon the facts pertaining to this project.

· The out-parcel is located next to existing paved parking areas and has existing sewer lines and storm drainage facilities in the rear making expansion limited.

· The applicant has elongated the building to incorporate architectural features and has added a patio area with outdoor sitting, therefore minimal variances to the setback and landscape buffer are required.

· At this point in time, the proposed project would not be injurious to the adjacent development, or otherwise detrimental to the public welfare, because the existing dedicated right-of-way along McNab Road is 200 feet adjacent to the Shoppes. McNab Road is currently constructed as a 6-lane facility in 106 feet of right-of-way leaving 47-feet of unused right-of-way between the property line and McNab Road. However, should widening of McNab Road be undertaken in the future, the building setback as well as the landscape buffer will be significantly reduced. The additional landscaping proposed by the applicant outside of the property and within the right-of-way will also be subject to removal if the road is widened.

As the City Commission’s Advisory Body, the Planning and Zoning Board met on January 15, 2008. The Board made a motion to approve the requested variances and send the item to the City Commission for consideration.

The City Commission unanimously approved the first reading of the ordinance granting the variances on February 12, 2008. We are presenting the second reading of the ordinance tonight for your consideration and final approval.

RECOMMENDATION:

If the City Commission wishes to approve the final reading of the attached ordinance granting the proposed variances, it is recommended that approval be subject to the DRC comments, P&Z Board comments/recommendation and conditions listed below.

1. That all applicable approvals by the City, County, State and other regulatory agencies be provided to the City of North Lauderdale prior to the issuance of permits.

2. That approval of the requested variance is contingent upon approval of the site plan.

If the Commission concurs with this request, the following motion is in order:

Motion:

“A motion to approve the second and final reading of the attached ordinance granting variances from the City of North Lauderdale Code of Ordinances to accommodate the reduced building setbacks and landscape buffer to facilitate the construction of a Pollo Tropical as proposed, at 8096 W McNab Road in the Shoppes of McNab within a Community Business (B-2) Zoning District.”

ORDINANCE NO. __________

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, APPROVING AND GRANTING VARIANCES FROM THE NORTH LAUDERDALE CODE OF ORDINANCES, SECTION 106-442 (1) TO PERMIT THE 26.93 FEET BULDING SETBACK FROM A TRAFFIC WAY, AS OPPOSED TO THE 50 FEET REQUIREMENT ALLOWED BY THE SUBJECT SECTION; SECTION 102-59 (1) TO PERMIT THE 5 FEET LANDSCAPE BUFFER FROM A RIGHT-OF-WAY, AS OPPOSED TO THE 10 FEET REQUIREMENT ALLOWED BY THE SUBJECT SECTION; FOR THE PROPOSED POLLO TROPICAL LOCATED AT THE SOUTHWEST CORNER OF 81st AVENUE AND McNAB ROAD, NORTH LAUDERDALE, FLORIDA; PROVIDING FOR STIPULATIONS AND CONDITIONS; PROVIDING THAT PROVISIONS NOT VARIED BY THIS ORDINANCE REMAIN IN FULL FORCE AND EFFECT; PROVIDING FOR CONFLICTS; AND, PROVIDING AN EFFECTIVE DATE.

WHEREAS, Section 106-442 (1) of the City Code requires a setback of 50 feet from a traffic way; and

WHEREAS, Pollo Operations, Inc., agent of said property, has applied for a variance to allow 26.93 feet building setback from the traffic way; and

WHEREAS, Section 102-59 (1) of the City Code requires a minimum 10 feet wide landscape buffer abutting a right-of-way; and

WHEREAS, Pollo Operations, Inc., agent of said property, has applied for a variance to allow a five foot wide landscape buffer from the right-of-way; and

WHEREAS, the Planning and Zoning Board has recommended approval to move forward with the application for said variance requests; and

WHEREAS, the City Commission is desirous of granting the requested variances from the requirements of the aforecited Ordinance and associated Zoning Regulations and/or applicable provisions thereof to said legal titleholder(s) as they apply to the property in question.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA:

Section 1: That pursuant to an application properly filed for variances from the requirements of Section 106-442(1) and Section 102-59(1) of the North Lauderdale Code, variances be and the same is hereby granted from the setback and buffering requirements for the building of the Pollo Tropical restaurant located at 8096 West McNab Road, North Lauderdale, Florida

Section 2: That the petition for variances filed by the agent for Pollo Tropical, is hereby granted to Pollo Tropical, the same to inure to the benefit of the present and future titleholder(s) to said property.

Section 3: That all other requirements of the North Lauderdale Code of Ordinances and associated zoning regulations are not otherwise varied by the terms of this Ordinance and shall be in full force and effect and full applicable to the property described in Section 1 of this Ordinance to the legal title holders thereof.

Section 4: That all Ordinances, or parts of Ordinances, Resolutions or parts of Resolutions, in conflict herewith be and the same are repealed to the extent of such conflict.

Section 5: That this Ordinance shall take effect immediately upon adoption.

PASSED and ADOPTED by the City Commission of the City of North Lauderdale, Florida, this _______ day of __________ _ 2008.

APPROVED AS TO FORM:

CITY ATTORNEY SAMUEL S. GOREN

MAYOR JACK BRADY

VICE MAYOR JOHN R. CANGEMI

ATTEST:

PATRICIA VANCHERI, INTERIM CITY CLERK