AGENDA ITEM REPORT
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A RESOLUTION APPROVING THE SPECIAL LAND USE APPLICATION SUBMITTED BY SCOTT BACKMAN OF MISKEL BACKMAN, LLP TO PERMIT AN APPROXIMATELY 2,800 SQUARE FOOT RESTAURANT WITH A DRIVE-THRU USE WITHIN BLOCK 3 OF THE MAINSTREET AT COCONUT CREEK DEVELOPMENT, LEGALLY DESCRIBED IN EXHIBIT “A,” ATTACHED HERETO AND MADE A PART HEREOF. (QUASI-JUDICIAL)(PUBLIC HEARING)
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BACKGROUND:
The MainStreet at Coconut Creek Planned MainStreet Development District (MainStreet PMDD) received approval from the Planning and Zoning Board on October 11, 2023, and from the City Commission on January 25, 2024. The approved MainStreet PMDD establishes the framework for permitted uses, densities and intensities, and other development regulations. The Block 3 site plan, developed in compliance with the development standards and design criteria in the PMDD, received Planning and Zoning Board approval on July 10, 2024, and City Commission approval on August 8, 2024.
To date, the City Commission has considered and favorably recommended approval of the following development applications:
• Development of Regional Impact (DRI)
• Plat (MainStreet at Coconut Creek Plat)
• MainStreet at Coconut Creek PMDD Rezoning
• Block 1 site plan (48 townhomes & 56 villas)
• Block 2 site plan (9,317 sf restaurant & 3,900 sf retail)
• Block 3 site plan (8 individual commercial buildings)
• Block 4 site plan (472 multi-family units)
• Blocks 5 & 6 site plans (148 townhomes)
• Block 8 site plan (152 townhomes)
• Block 9 site plan (80 townhomes)
• Block 11 site plan (124 condominiums)
• Block 15A site plan (172 condominiums)
• Block 15B site plan (clubhouse and other private amenities)
• Roadways site plan (roadways, infrastructure, on-street parking and other hardscape elements)
• Parks site plan (public and private parks, open spaces, and other hardscape elements)
DISCUSSION:
The applicant is seeking special land use approval to permit a restaurant with a drive-thru use for either a coffee shop or fast casual restaurant at Building D within Block 3. In accordance with the MainStreet PMDD and Section 13-626, “Master business list-Planned MainStreet Development District (MainStreet PMDD),” restaurants with drive-thru uses require special land use approval and are limited to a maximum of one (1) drive-thru use in the PMDD.
The future Block 3, to be located on the southwest corner of NW 40 Street (to be constructed) and Lyons Road, consists of approximately 9.78 +/- acres approved for 67,366 square feet of commercial development within the approved MainStreet PMDD. The approved Block 3 site plan includes eight (8) retail buildings, ranging in size from 6,000 to 14,100 square feet, designed to accommodate a diverse mix of uses, such as restaurants, neighborhood retail, personal services, and other commercial establishments. The applicant is not proposing any amendments to the approved site plan. All amenities, including pedestrian plazas, landscaping, lighting, sustainable design elements, signage, and greenways, shall remain consistent with the previously approved Block 3 site plan.
As part of the original Block 3 site plan, the applicant designed circulation, parking, and the proposed Building D structure to accommodate a future restaurant with a drive-thru, in accordance with the design standards established in the adopted MainStreet PMDD. The drive-thru window will be located on the north façade of Building D, oriented internally to the site and away from Lyons Road. Drive-thru vehicle stacking lanes are situated along the south and east facades, with the lanes along the east façade running parallel to Lyons Road.
Public Involvement:
In accordance with Section 13-35 (c) of the City’s Code, property owners within 700 feet of the subject property were notified by mail of the special land use request and were invited to attend the City Commission meeting. A notice of special land use public hearing sign was also posted on the property fourteen (14) days prior to the City Commission meeting. The mailed notices and site posting were both completed for the July 10, 2025, public hearing date. Two hundred twenty-eight (228) public hearing notices were mailed by the City on June 26, 2025. To date, staff has not received any public inquiries related to the project.
The applicant conducted several community outreach meetings to inform neighboring property owners about the proposed project, which included a restaurant with a drive-thru. Key efforts from the applicants outreach effort include:
• A dedicated website, www.mainstreetlivebetter.com <http://www.mainstreetlivebetter.com/>, where historical City information and details of the proposed project are highlighted. The website includes color renderings, aerial images, a master site plan, a photo gallery, a frequently asked questions section and a contact page where the development team is available to answer questions via a Q&A portal.
• Six(6) public Neighborhood Outreach meetings, conducted in an Open House format, were held at the Residence Inn by Marriott, 5730 N State Road 7, from 5:00 to 7:00 pm as follows within invitations sent to the following groups:
1. Monday, August 28, 2023, Evergreen Lakes and residents within 500 feet of the property.
2. Tuesday, August 29, 2023, Riviera Palms residents.
3. Wednesday, August 30, 2023, Coquina residents.
4. Monday, April 15, 2024, residents within 500 feet of the MainStreet @ Coconut Creek property boundary.
5. Wednesday, July 31, 2024, residents within 500 feet of the MainStreet @ Coconut Creek property boundary.
6. Tuesday, November 12, 2024, residents within 500 feet of the MainStreet @ Coconut Creek property boundary.
Sustainability & Resilience
The Block 3 project supports the following Sustainable Elements (in addition to the three (3) conditions of approval):
• Action 1.6: Conspicuous display of green technology:
v Electric vehicle ("EV") charging stations.
v Signs posted in conspicuous locations highlighting sustainable features.
v Digital education brochures available via QR code to reduce the use of paper.
• Action 2.2: Light colored roof finish to reduce heat island effect.
• Action 2.3: Greenway connection with high-albedo, multi-use path to promote walking and biking and minimize heat absorption.
• Action 5.1: Dedicated recycling facilities for plastic, glass, paper products, and cardboard.
• Action 5.3: Recycling of construction debris.
• Action 6.2: Bike racks placed at strategic locations throughout the development project.
• Installation of native and Florida-friendly plants to conserve water and attract native wildlife.
• Buildings that meet standards for LEED, USGBC, or Green Globes Building Certification.
• Connection to transit opportunities.
As part of the City’s broader commitment to sustainability and resilience, this application introduces three (3) operational sustainability-focused conditions of approval relating to recycling, single-use plastics, and food waste diversion. These conditions align with the Coconut Creek MainStreet Project Area’s adopted design standards and long-standing identity as a green community. While the City currently promotes these practices through voluntary or regulatory programs, participation has been limited. In 2024, the City Commission adopted a single-use plastics ordinance that prohibits the use of certain non-recyclable materials and requires signage under certain circumstances to notify customers that these materials are available upon request, further reinforcing the City’s sustainability and resiliency goals. All tenants in the Block 3 development will need to adhere to the new single-use plastics ordinance.
This is the first, and will be the only, drive-thru restaurant proposed within the MainStreet PMDD, the City’s signature mixed-use district intended to model high-quality urban design and sustainability principles. Given the visibility and intensity of the proposed use, incorporating conditions addressing sustainable operational practices ensures that new development within MainStreet reflects the City’s sustainability and resiliency objectives. These conditions are a measured implementation of adopted City goals, tailored to a high-impact commercial use that is expected to serve thousands of residents and visitors.
Staff Findings and Analysis
Pursuant to Section 13-35(f) and (g) of the Land Development Code, the Planning and Zoning Board and City Commission shall consider certain standards when reviewing a proposed special land use. For reference, the staff memorandum, originally prepared for the Planning and Zoning Board, includes a listing of each of the special land use standards, the applicant’s verbatim responses, and staff’s analysis regarding consistency and compliance with each standard, which is attached as backup to this agenda item. Further, while the applicant has not identified a specific restaurant or coffee shop tenant brand, they state that the restaurant with a drive-thru will operate during typical business hours and comply with City regulations. However, the proposed hours of operation (5:00 AM to 2:00 AM Monday through Friday) are inconsistent with typical fast casual or coffee shop uses, especially along the Lyons Road corridor.
Below are similar, existing restaurants with drive-thru businesses and their hours of operation along the Lyons Road corridor and nearest to this site:
• Starbucks at the Promenade is open from 5:30 AM to 9:00 PM (Monday-Thursday) and closes at the latest 10:00 PM on Friday and Saturdays.
• McDonalds in the Township Plaza, located at Sample Road and Lyons Road, operates from 6:00 AM to 11:00 PM daily.
• Dunkin Donuts at the Winston Park Plaza operates from 5:00 AM to 5:00 PM daily.
• Starbucks at the Lyons Center, located at Serko Boulevard and Lyons Road, operates from 5:30 AM to 8:00 PM, Saturday/Sunday 6:00 AM to 8:00 PM.
• Cali Coffee at the Hillsboro Marketplace plaza operates from 5:30 AM to 10:00 PM.
To minimize early morning and late-night impacts, staff recommends limiting hours of the drive-thru facility as follows:
• 6:00 AM - 11:00 PM (Sunday -Thursday); and
• 6:00 AM - 12:00 AM (Friday - Saturday).
A coffee shop could have an earlier opening time at 5:30 AM, which is generally consistent with other coffee shops along the corridor and in the general vicinity of this site. The traffic study confirms that the highest trip generation occurs during these hours and, therefore, should not restrict the future tenant’s business.
RECOMMENDATION:
City staff finds that, subject to the conditions set forth below, the proposed special land use application complies with the MainStreet at Coconut Creek PMDD, the City’s Land Development Code, including Section 13-35 “Special Land Use,” and the MainStreet Design Standards, and is consistent with the applicable goals, objectives, and policies of the City’s Comprehensive Plan. Should the City Commission approve the application, City Staff recommends approval subject to the following conditions:
1. Any outstanding Development Review Committee (DRC) comments shall remain applicable throughout the development review process. Any unaddressed comments are incorporated herein as conditions of approval in the final resolution and must be addressed prior to the issuance of a building permit, unless otherwise stated therein.
2. This special land use shall be limited to an approximately 2,800 square-foot restaurant with a drive-thru located in Building D. The use shall be for either a “Fast Casual Restaurant” (ITE 930) with Drive-Thru or a “Coffee Shop with Drive-Thru” (ITE 937), as defined by the Institute of Transportation Engineers (ITE) and further described in the applicant’s justification statement, which is incorporated herein by reference.
3. Tenants whose operational characteristics exceed the traffic generation and operational thresholds outlined in the approved traffic generation statement for “Fast Casual Restaurant” (ITE 930) with Drive-Thru or a “Coffee Shop with Drive-Thru” (ITE 937) prepared by Kimley-Horn and dated May 12, 2025, as revised and incorporated herein by reference, shall not be permitted under this special land use approval.
4. Prior to the issuance of a Building Permit for occupancy of the space, the property owner or tenant shall provide to the City an affidavit demonstrating compliance with conditions 2 and 3.
5. Hours of operation for the drive-thru facility shall be restricted as follows:
a. Sunday through Thursday: 6:00 AM to 11:00 PM;
b. Friday and Saturday: 6:00 AM to 12:00 AM (midnight); and
c. A Coffee Shop with Drive-Thru (ITE 937) may open at 5:30 AM daily.
6. Alcohol sales for on-site or off-site consumption shall be prohibited from the drive-thru facility.
7. Prior to the issuance of a Certificate of Occupancy, the tenant or property owner shall enroll in the Coconut Creek Police Department’s Trespass Enforcement Program and post “No Trespassing” signage in accordance with Program guidelines and Florida Statutes.
8. Prior to the issuance of a Certificate of Occupancy, the property owner shall ensure that a designated recycling receptacle(s) is provided in the trash enclosure located east of Building D in order to provide and support an on-site recycling program for customers and employees, consistent with the MainStreet at Coconut Creek PMDD sustainability commitments.
9. Prior to the issuance of a Certificate of Occupancy, the tenant or property owner, if utilizing single-use plastics without a self-serve station as defined in Sections 12-70 and 12-72 of the City’s Code of Ordinances, shall provide copies of and the locations of the required signage notifying customers that single-use plastic food accessories are available upon request.
10. Prior to the issuance of a tenant Certificate of Occupancy, the property owner shall provide the tenant with educational materials offered by the City of Coconut Creek, detailing food waste diversion practices and programs, which shall include information on source separation and composting of pre-consumer food scraps (e.g., fruit and vegetable trimmings, expired inventory); donation of safe, unsold food to certified food recovery programs (e.g., food banks) where feasible; or coordination with third-party composting programs where commercial compost pickup is available.
11. This approval shall not be effective until the Applicant’s sale of the property has closed and the MainStreet at Coconut Creek Development Agreement has become effective.
FISCAL IMPACT: N/A