Kristen Nowicki, AICP, Senior Planner

Stephen Scott, Assistant Director, Planning, Zoning and Building

Albert J Carbon III, Public Works Director

Wendy's Plat Note Amendment

Issue Statement: The existing Wendy's restaurant wants to undergo physical renovations. However, due to a scriveners error the restaurant is larger than the plat note restriction allows.  In addition, the owner is considering a full rebuild and expansion of the restaurant in the future.

Recommended Solution: Amend the plat note restriction to accommodate additional square footage of restaurant use in Parcel C of the C.D. Plat.   

The Wendy's building was constructed in 1989 and the permitted footprint exceeded the restriction on the plat note at that time.  The error was discovered when the owner recently went to Broward County with building plans to begin a renovation. A permit cannot be issued since the existing building size is not in compliance with the plat.

Wendy's wants to renovate their existing fast food restaurant at 1040 E. Commercial Boulevard for aesthetics and functionality, replace equipment, and provide an overall facade renovation.  This requires building permits.

The C.D. Plat, originally adopted in 1984, is divided into Parcel A, Parcel B, and Parcel C.  Parcel A is occupied by a self-storage building accessed from NE 11th Avenue. Parcel B is occupied by a commercial plaza fronting N. Dixie Highway (a laundrymat, hair salon, insurance company, and a pawn shop).  Wendy's is located in Parcel C, at the corner of E. Commercial Boulevard and NE 11th Avenue.

The C.D. Plat restricts Parcel "C" to contain no greater than a 2,200 square foot fast food restaurant.  The Wendy's fast food restaurant currently in operation there  is 2,502 square feet, which is 302 square feet over the limit.  In order to acquire building permits to make renovations to the property, at a minimum, the plat note needs to be amended to accommodate the additional 302 square feet to bring it into compliance. 

In the longer term, Wendy's wants the option to rebuild the whole building and make it larger, as they have with many of their restaurants.  At such time in the future, the applicant will have to apply for site plan review and go through a full review process for any new construction.  However, to save from having to do another plat note amendment in the future, they are requesting the plat note amendment include additional square footage now.  The proposed limit is 4,000 square feet, which includes the space that is occupied by the drive-through menu area and awning over the drive-through. 

Granting of this request for 4,000 square feet does not automatically mean that Wendy's will request a future restaurant at 4,000 square feet or that the land development code could be met for a 4,000 square foot restaurant. That future request will need to undergo a full site plan review and meet the zoning and building codes in place at that future time.  The figure of 4,000 square feet includes 'breathing room' due to uncertainty of the future plans.