Approve Chick-fil-A site development plan at 13001 Pinecrest Parkway

DATE: July 11, 2023 TO: Yocelyn Galiano, ICMA-CM Village Manager FROM: Stephen R. Olmsted, AICP, LEED-GA Planning Director RE: Chick-Fil-A - Site Development Plan 13001 Pinecrest Parkway (US 1) PETITION REQUEST 10612 Property LLC (Owner); and Chick-Fil-A, Inc. and Jenny Baez (Applicants), are requesting approval of a Site Development Plan for construction of a new Chick-Fil-A restaurant on the site of the former BB&T Bank located at 13001 Pinecrest Parkway (US 1). Submitted plans include construction of a new restaurant, outdoor dining area, parking lot, and landscaping. Chick-Fil-A does not propose to include a drive-through window at the new restaurant. A copy of the application, letter of intent, and traffic study are attached. The proposed restaurant is 3,565 square feet in area. Access to the property is proposed to be provided from a driveway at the southwest corner of the property adjacent to Pinecrest Parkway (US 1), a driveway at the northeast corner of the property adjacent to SW 130 Street, and an access easement at the southeast corner of the property adjacent to Baptist Health Primary Care. The proposed restaurant is a permitted use and will be subject to consideration by the Village Council in a public hearing on July 18, 2023. Approval of the proposed restaurant requires conformance with specified criteria including land use compatibility, and compliance with the Village’s Comprehensive Development Master Plan. PROPERTY DESCRIPTION The subject property is located at SW 13001 Pinecrest Parkway, at the southeast corner of Pinecrest Parkway and SW 130 Street, west of Suniland Place, and north of Baptist Health 2 Primary Care, within the BU-1A, General Business Development zoning district. OWNER/APPLICANT 10612 Property LLC (Owner); and Chick-Fil-A, Inc. and Jenny Baez (Applicants). EXISTING CONDITIONS The subject property is currently developed and is the site of the former BB&T Bank. The applicants propose to demolish the existing bank building and construct a new Chick-Fil-A restaurant. The subject property is 54,778.7 square feet or 1.257 acres in area. PUBLIC COMMENT The Building and Planning Department has received correspondence from neighboring Baptist Health Primary Care requesting a copy of the proposed development plans. A copy of the plans has been provided. The Building and Planning Department has not received any other correspondence in favor or in opposition to the proposed development. PINECREST LAND DEVELOPMENT REGULATIONS The Village’s Land Development Regulations include criteria for consideration of a site development plan. SUBJECT PROPERTY 3 Site Development Plan Division 3.4 - Site Plan Approval Building and Planning Department staff have coordinated an evaluation of the proposed site plan with other applicable Village Departments based on the criteria of Division 3.4 of the Village’s Land Development Regulations (Site Plan Approval). This evaluation is intended to provide an assessment of the impacts of the proposed development. The listed criteria are used as the basis for staff’s report and recommendation to the Village Council. (a) In what respects the plan is or is not consistent with the Comprehensive Development Master Plan and the purpose and intent of the zoning district in which it is located. COMPREHENSIVE DEVELOPMENT MASTER PLAN Future Land Use Element The proposed restaurant is consistent with the BU-1A, General Business Development Future Land Use classification of the Village’s Comprehensive Plan. The Future Land Use element of the Comprehensive Plan restricts the maximum floor area ratio of the BU-1A District to 0.40 for a one story building and allows for an increase of 0.11 for each additional story. The floor area ratio of the proposed restaurant is 0.065, in compliance with floor area ratio requirements of the Village’s Comprehensive Plan. (b) In what respects the plan is or is not in conformance with all applicable regulations of the zoning district in which it is located. BU-1A, GENERAL BUSINESS DEVELOPMENT ZONING DISTRICT Intent The “Intent” of the BU-1A General Business Development Zoning District is to accommodate retail sales and services including highway oriented sales and services to residents and motorists adjacent to the Pinecrest Parkway corridor. A restaurant is a permitted use within the district. The proposed restaurant is designed and planned to be developed in compliance with minimum building setback requirements, maximum height restrictions, maximum impervious area requirements, minimum green space requirements, and parking requirements as specified within the Land Development Regulations. No variances to the Land Development Regulations are requested or required to accommodate the proposed restaurant. 4 A summary of BU-1A district regulations is provided as follows: Parameter Requirement Proposed Complies Lot Size Corner Lot – 7,500 sq. ft. 54,778.7 sq. ft. (1.257 Acres) √ Building Coverage (Maximum Permitted) 40 % = 21,912 sq. ft. max. 6.5% = 3,565 sq. ft. √ Setbacks Front 20 ft. 50.4 ft. √ Side/Side Street 15 ft./15 ft. 70.5 ft./111.1 ft. √ Rear 15 ft. 81.5 ft. √ Floor Area ratio (FAR) 0.40 - 1 story building 0.065 - 1-story building √ Height (Maximum Permitted) 4 stories, 45 ft. 1 story building, 29.75 ft. √ Impervious Area - Max. Permitted 84.5% 74.3% √ Green Space-Min. Required 16 % plus 10 sq. ft. per parking space 8,765 sq. ft. + 620 sq. ft. 9,385 sq. ft. 14,074 sq. ft. (25.7%) √ Parking. 38 spaces 62 spaces. √ Lighting Photometric Not to exceed 0.5 ft. candles @ property line Revised Photometric plan dated 7/10/2023 complies √ Division 5.22 d. of the Land Development Regulations limits lighting levels to 0.5 foot candles at the property line. The photometric drawing submitted by the applicant and dated July 10, 2023 shows proposed illumination levels in compliance with lighting limits in all areas adjacent to the property line. All new exterior lighting is required to be shielded to prevent glare. The Land Development Regulations require a total of 38 parking spaces to be provided. Submitted plans indicate a total of 62 parking spaces. The Village’s Land Development Regulations require one (1) Level 2 Charging station for every 25 parking spaces provided. A total of 3 charging stations are required and proposed to be provided. The Village’s Land Development Regulations require 15 percent of the parking spaces provided to be constructed of porous pavement materials ("pave drain" or equivalent) or open cell unit pavers ("turf block" or equivalent). A total of 10 porous parking spaces is required. 5 Division 5.19 of the Village’s Land Development Regulations requires all buildings to be constructed of an architectural style and color which will harmonize with the premises and with other buildings in the adjoining area. The proposed design is consistent with this objective. Architectural elements of the proposed building include lap siding, a standing seam metal roof, metal canopies, outdoor dining deck with an overhead trellis, and aluminum shades at the windows. Ample landscaping including Dade County Slash Pines, oak trees, and preservation of existing mature trees are proposed. Review by the Village’s Architectural Review Board has been determined to not be required since the application for site plan review was submitted prior to the effective date of the new requirement. (c) In what respects the plan is or is not in conformance with the Village subdivision regulations and all other applicable village requirements including the design and construction of streets, utility facilities and other essential services. Concurrency Management/Level of Service Standards Division 5.21 of the Pinecrest Land Development Regulations includes level of service standards and concurrency requirements for new development. Adopted level of service standards pursuant to Division 5.21 of the Land Development Regulations are provided as follows: Arterial Roads: Adopted Level of Service = “EE”, equates to a volume of 6,468 vehicles or 120% of Level of Service “E”). Potable Water: 200 gallons per capita per day. Sanitary Sewer: 100 gallons of wastewater treatment capacity per capita per day. Stormwater Drainage: Stormwater facilities shall be designed to meet the design and performance standards established in F.A.C. ch. 17-25, § 25.025, with treatment of the run-off from the first one inch of rainfall on-site to meet the water quality standards required by F.A.C. ch. 17-302, § 500. Retention of the stormwater of a 25-year, 24-hour storm event is required. The applicant has submitted a traffic study prepared by McMahon that analyzes the traffic impacts of the new restaurant compared to the traffic generated by the former bank. The study indicates that the proposed restaurant will result in an increase of 40 new trips during the A.M. peak hour and a decrease of 26 trips during the P.M. peak hour. Levels of service are not projected to decrease below current levels, level of service C on Pinecrest Parkway (US 1). 6 The submitted traffic study indicates that at signalized intersections, “individual approaches are failing during existing, background, and future total scenarios”. In their review comments dated March 21, 2023, Calvin Giordano recommends that the applicant coordinate with Miami-Dade County Traffic Engineering Division and the Village of Pinecrest to develop a strategy in order to provide modified signal timing plans. The applicant has submitted plans and a request to adjust signal timing to Miami-Dade County for review and will continue to coordinate with the Village of Pinecrest. The applicant’s traffic study and subsequent review comments and responses are attached for the Village Council’s consideration. Public water and sanitary sewer currently serve the subject property and are available to the restaurant. Final determination of available capacity by Miami-Dade County Water and Sewer Department is required prior to issuance of building permits. Review and approval of the proposed plans by the Miami-Dade County Fire Rescue Department will be required prior to issuance of building permits. Review and approval of the proposed plans and traffic circulation plan by the Florida Department of Transportation and Miami-Dade County Transportation and Public Works Department is required. Flood Zone Designation The property is located in FEMA Flood Zone “X”, an area of moderate flood risk. The first floor elevation of structures is required to be constructed four inches above the elevation of the highest elevation of the adjacent sidewalk. The elevation of the adjacent sidewalk is 11.99 feet. The proposed building addition will be constructed with a minimum finished floor elevation of 12.5 feet NGVD. (d) In what respects the plan is or is not consistent with good design standards in respect to all external relationships including but not limited to: 1. Relationship to adjoining properties. The subject property is located immediately west of Pinecrest Parkway (US 1) and south of SW 130 Street. Suniland Park exists to the north, on the north side of SW 130 Street, and Suniland Place exists to the east. Baptist Health Primary Care is located to the south of the subject property, and residential homes are located to the east, on the east side of Suniland Place. A “buffer between dissimilar uses” is required to be provided along the eastern property 7 boundary, consisting of “a six feet wall or fence with a life expectancy of at least ten years, together with shrubs which normally grow to a minimum height of six feet or more and shall be maintained at that height”. A 4-foot wall, mature trees, and other plantings currently exist along the eastern property line. Also, the wall appears to be leaning partially over the property line. The applicant will need to replace or restore the wall, increase its height to 6 feet in height, and reference responsibility for maintenance of the wall in the amended Declaration of Restrictive Covenants. The proposed restaurant will be compatible with neighboring land uses if landscaped as indicated in submitted plans, and if developed and operated consistent with the requirements of the Land Development Regulations as proposed. 2. Internal circulation, both vehicular and pedestrian. Vehicular ingress and egress to the property will be provided through three (3) points of ingress and egress including a driveway at the northeast corner of the property adjacent to SW 130 Street, a driveway at the southwest corner of the property adjacent to Pinecrest Parkway (US 1), and an alley/access easement at the southeast corner of the property connecting to the Baptist Health Primary Care Property. An existing driveway at the northwest corner of the property, 35 feet east of Pinecrest Parkway (US 1) is proposed to be closed. A pedestrian sidewalk exists adjacent to the east side of Pinecrest Parkway. A sidewalk also exists on the west side of Suniland Place and is proposed to include an extension and connection to the subject property. The pavement of SW 130 Street abuts the property line leaving no room for construction of a sidewalk along the northern property line. As required by the Village’s Land Development Regulations, payment in lieu of construction of a sidewalk is required. A twenty (20) foot wide alley easement exists along the eastern boundary of the subject property. The applicant proposes to move the easement a few feet to the west to align with the new proposed driveway location. As indicated on submitted plans, the eastern-most parking spaces, on the east side of the building, encroach into the required easement, and orientation of the angled spaces limits the direction of travel through the easement to a north bound movement only. The Building and Planning Department has discussed the matter with the applicants and they have agreed to change the location and orientation of the parking spaces on the east side of the building as necessary to maintain the required 20-foot wide cross access easement and drive aisle with flow of traffic in both directions. A revised plan indicating the required cross-access drive was submitted on July 10, 2023. The Building and Planning Department is concerned that cut through traffic could potentially 8 access the project site from SW 132 Street. The Department recommends that traffic conditions be monitored for 6 months after issuance of a certificate of occupancy and, if warranted, recommends that SW 130 Street be closed near its intersection with Suniland Place, east of the proposed driveway entrance into Chick-Fil-A. Calvin Giordano is recommending that a condition of approval be included in a development order, if approved, requiring Chick-Fil-A to provide a new study of traffic conditions after the restaurant becomes operational, and to close the street if subsequently required by the Village of Pinecrest. Staff recommends that for the first 30 days after opening of the restaurant, the applicant assign personnel to monitor and manage on-site traffic circulation in order to ensure that there is no stacking of cars on Pinecrest Parkway (US 1), and if determined by the Village Manager to be necessary, to pay for off-duty Police Officers to assist in management of traffic. 3. Disposition of open space, use of screening or buffering and preservation of existing natural features including trees. The Village’s Land Development Regulations require minimum green space in the amount of 16% of the property area plus 10 square feet of green space for each parking space provided. A total of 9,385 square feet of green space is required. A total of 14,074 square feet of green space is proposed to be provided. The submitted plan includes landscaping within the parking lot and within landscaped areas adjacent to Pinecrest Parkway, SW 130 Street, and the eastern property line that consists of Live Oak trees, Dade County Slash Pine trees, and other native trees and shrubs. 4. Building arrangements both between buildings in the proposed development and those adjoining the site. The proposed redevelopment is accessible from Pinecrest Parkway and is set back from adjoining property lines in compliance with the setback requirements of the BU-1A zoning district. (e) In what respects the plan is or is not in conformance with the village policy in respect to sufficiency of ownership, guarantee for completion of all required improvements and the guarantee for continued maintenance. Affidavits submitted with the application indicate that the subject property is owned by 10612 property, LLC. Jenny Baez has been authorized to act on the restaurant’s behalf. 9 In accordance with the recorded Declaration of Restrictions and the Easement and Operating Agreement, amendment of the documents requires the review and approval of the Planning Director and Village Attorney respectively. Amendment of the documents will be required to reference the new site plan, and to show relocation and maintenance of the 20-foot alley/access easement. Review and approval of the revised documents by the Village Attorney and Village Manager is recommended. Division 3.1 (h) of the Village Land Development Regulations requires that a performance bond or letter of credit in the amount of 125% of the cost of public improvements be posted to ensure completion of public improvements. STAFF RECOMMENDATION The Building and Planning Department recommends approval of the site development plan for construction of the proposed restaurant subject to the following requirements and conditions of approval: 1) Revision of the applicant’s site plan to show all required amendments. 2) Review and approval of submitted plans by the Miami Dade County Department of Regulatory and Economic Resources, including the Division of Environmental Resources Management; Miami-Dade County Transportation and Public Works Department; the Florida Department of Transportation; and the Florida Department of Environmental Protection or authorized agency prior to the issuance of building permits. 3) Final approval of plans by the Miami-Dade County Fire and Rescue Department prior to the issuance of building permits. 4) Review and approval of a stormwater management plan by the Public Works Department prior to issuance of building permits. 5) Approval of an NPDES stormwater permit from the Florida Department of Environmental Protection or authorized agency prior to issuance of building permits. 6) Approval by the Building and Planning Department of building permits prior to the commencement of construction, a demolition permit prior to demolition on site, and a tree removal permit prior to the removal of any trees from the property. 7) Fifteen (15) percent of all required parking spaces shall be constructed of porous pavement materials ("pave drain" or equivalent) or open cell unit pavers ("turf block" or equivalent). 10 8) Modification of signal timing as recommended by the Village’s traffic engineering consultant, if approved by Miami-Dade County. 9) Replacement or restoration of the wall along the eastern property line including an increase in the height of the wall to 6 feet. 10) Payment into the Village’s sidewalk fund in lieu of construction of a sidewalk adjacent to SW 130 Street. 11) Submittal of a letter of compliance from a registered engineer or architect following installation of new exterior lighting, and prior to issuance of a certificate of occupancy, stating that exterior site lighting has been installed, shielded from glare, and inspected under operating conditions and found to be consistent with all lighting and photometric requirements of the Village of Pinecrest. 12) Construction and maintenance of the required 20-foot wide cross access/alley easement, with flow of traffic to the north and south in both directions, including a drive aisle with dimensions as required by the Village’s Land Development Regulations. 13) Chick-Fil-A shall submit a study of existing traffic conditions, to be completed within the academic school year and no sooner than 6 months after opening, and shall close SW 130 at its intersection with Suniland Drive, and Suniland Drive at its intersection with SW 130 Street if determined by the Village Manager to be necessary. The traffic study methodology shall be as approved by Calvin Giordano in their Memorandum dated March 27, 2023 (attached). 14) Prior to the issuance of building permits, Chick-Fil-A shall submit signed and sealed drawings prepared by a Professional Engineer for 1) closure of SW 130 at its intersection with Suniland Drive, and 2) closure of Suniland Drive at its intersection with SW 130 Street; an engineer's cost estimate for the work to complete the closures; and a Letter of Credit or Performance Bond in the amount of 125% of the estimated cost of closure. The engineer’s cost estimate shall include an escalation factor for annual cost increases to July 31, 2025. The construction drawings and engineer’s cost estimate shall be reviewed and approved by the Village Manager prior to acceptance. 15) For the first 30 days after opening of the restaurant, the applicant shall assign personnel to monitor and manage on-site traffic circulation and insure that there is no stacking of cars on Pinecrest Parkway (US 1) and, if determined by the Village Manager to be necessary, the applicant shall pay for off-duty Police Officers to assist in management of traffic. 11 16) Review and approval of the Village Attorney and Village Manager of an amended Declaration of Restrictive Covenants, Easement and Operating Agreement, Opinion of Title, and Joinder (if necessary), and recording of the revised documents by the applicant prior to issuance of a certificate of occupancy.