File #: LN-165    Version: Name:
Type: PZB Submission Status: Reported to Council
File created: 6/30/2021 In control: Planning and Zoning Board
On agenda: 10/27/2021 Final action: 8/4/2021
Title: CHICK-FIL-A DRIVE-THRU MODIFICATION
Attachments: 1. DRC Documents_8-4_21.zip, 2. DRC Drawings_8-4-21.zip, 3. PZB Documents9.22.2021.zip, 4. PZB Drawings9.22.2021.zip, 5. email of opposition from resident pdf.pdf, 6. Letter of Opposition from W Tucker Gibbs, P.A..pdf, 7. PZB Drawings10.27.zip, 8. PZB Documents10.27.zip

boardname

PLANNING AND ZONING BOARD

Meeting Date: October 27, 2021

 

title

CHICK-FIL-A DRIVE-THRU MODIFICATION

 

projectinfo

Request:                     Minor Administrative Adjustment 

P&Z#                     21-16500001

Owner:                     The David R Wellens revocable trust U/A

Project Location:                     2250 N Federal Highway

Folio Number:                     484330450010

Land Use Designation:                     Commercial

Zoning District:                     B-3 (General Business)

Commission District:                     1

Agent:                      Jenny Baez (954-814-8468)

Project Planner:                     Lauren Gratzer (954-545-7792 / Lauren.Gratzer@copbfl.com)

 

otherinfo

 

 

Summary:                     

The following is a brief summary of information on the subject property. This project was initially advertised to be heard at the September 22, 2021 Planning and Zoning Board meeting. The applicant originally requested Major Administrative Adjustment approval for a 14% reduction of the required parking spaces. The request was from the provision of § 155.5102.D.1: Minimum Number of Off-Street Parking Spaces, in order to provide a total of 25 off-street parking spaces rather than 29 parking spaces as required by the Code at the time of the 2008 site plan approval, a reduction of four parking spaces. This original request was postponed until the October 27, 2021 Planning and Zoning Board Meeting.

In the interim, the applicant has amended the request from a reduction of four parking spaces to a reduction of two parking spaces in order to provide 26 parking spaces rather than the required 28 parking spaces required by today’s current Code (a 10% reduction). This amendment changed the type of Administrative Adjustment request from a Major to a Minor. A Minor Administrative Adjustment is the correct application type for any property requesting a parking reduction that is less than 10% (development within the AOD overlay district or a brownfield site can be reduced by 20% as a Minor).

Administrative Adjustments may be requested to the standards identified in Table 155.2421.B.1, Allowable Administrative Adjustments , up to the limit set forth in the table for the type of standard, the type of Administrative Adjustment (Major or Minor), and the zoning district within which the adjustment is requested. The percentage of the adjustment an applicant is requesting and the location of the request determines whether it is a Major or Minor. A Major Administrative Adjustment is first reviewed by the Development Review Committee (DRC) based on the application review standards of Code section 155.2421.E.1. Following the DRC, the application is moved forward to be presented at the Planning and Zoning Board (PZB) for a final decision. In contrast, the Minor Administrative Adjustment is reviewed by Development Services Staff based on the application review standards of Code section 155.2421.E.2 and the final decision is determined by the Development Services Director. The full Table 155.2421.B.1 has been enclosed as Exhibit “A” for reference.

The discrepancy on the minimum required number of parking spaces was found when reviewing the parking calculations of the proposed site plan. The original Major Administrative Adjustment request was based on the 2008 Code requirements of the last previously approved site plan, which required one space per 50 square feet of customer service area. However, since this 2008 site plan approval the required parking calculations for a restaurant have been revised to require one space per four persons of maximum occupancy capacity of customer service area(s), per Table 155.5102.D.1: Minimum Number of Off-Street Parking Spaces. This change resulted in a minimum of 28 parking spaces rather than the minimum of 29 parking spaces under the 2008 Code.

A Minor Administrative Adjustment is applicable to a final decision by the Development Services Director. In consideration of the applicant’s original submittal that would have been determined by the Planning and Zoning Board, Staff has brought this change in request back to the Board for their comments, concerns, and discussion. However, due to the change of application type, the Planning and Zoning Board may not provide a final determination of approval or denial for this item.

The applicant’s justification narrative for the request is attached to this report as Exhibit “B”. Additionally, the approved 2008 site plan has been attached as Exhibit “C” and the September 2021 Planning and Zoning Board staff report for this item is attached to this report as Exhibit “D” for reference.

The property is located just south of NE 23rd Street (AKA: E Copans Road) and west of N Federal Highway.