File #: ORD 2021-022    Name: Marketplace at Hillsboro West Outparcel Special Land Use
Type: Ordinance Status: Passed
File created: 8/16/2021 In control: City Commission
On agenda: 10/14/2021 Final action: 10/14/2021
Title: AN ORDINANCE APPROVING THE SPECIAL LAND USE APPLICATION SUBMITTED BY HILLSBORO MARKETPLACE INVESTMENTS, LLC TO PERMIT A DRIVE-THRU FOR A CALI COFFEE RESTAURANT FOR THE PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF HILLSBORO BOULEVARD AND LYONS ROAD (WEST OUTPARCEL), AS LEGALLY DESCRIBED IN EXHIBIT "A," ATTACHED HERETO AND MADE A PART HEREOF. (QUASI-JUDICIAL)(SECOND PUBLIC HEARING)
Indexes: Hillsboro Boulevard Redevelopment, Ordinance, Planning and Zoning, Public Hearing, Special Land Use Application
Code sections: 13-35 - Special Land Use, Chapter 13 - Land Development Code
Attachments: 1. ORDINANCE 2021-022 Marketplace at Hillsboro SLU (revised), 2. BACKUP-Aerial Photo-Marketplace at Hillsboro West Special Land Use, 3. BACKUP-Exhibits-Plans&Documents Marketplace at Hillsboro West SLU, 4. BACKUP-Applicant Presentation-Marketplace at Hillsboro, 5. MINUTES-2021-0811 PZ Mtg
Related files: RES 2021-170, RES 2021-193, ORD 2021-021

AGENDA ITEM REPORT

TITLE:

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AN ORDINANCE APPROVING THE SPECIAL LAND USE APPLICATION SUBMITTED BY HILLSBORO MARKETPLACE INVESTMENTS, LLC TO PERMIT A DRIVE-THRU FOR A CALI COFFEE RESTAURANT FOR THE PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF HILLSBORO BOULEVARD AND LYONS ROAD (WEST OUTPARCEL), AS LEGALLY DESCRIBED IN EXHIBIT “A,” ATTACHED HERETO AND MADE A PART HEREOF.  (QUASI-JUDICIAL)(SECOND PUBLIC HEARING)

 

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BACKGROUND:

This item was approved on First Reading at the September 23, 2021, City Commission Meeting.

The applicant, Hillsboro Marketplace Investments, LLC, is requesting a special land use approval to permit a drive-thru at the proposed Cali Coffee fast-food restaurant to be located at the Hillsboro Marketplace plaza (West Outparcel), generally located at the Northeast corner of Hillsboro Boulevard and Lyons Road, in accordance with Section 13-35, “Special Land Use,” of the City of Coconut Creek Land Development Code.

On August 7, 1996, the City Commission approved the original Hillsboro Marketplace rezoning from B-3 (Community Shopping District) to PCD (Marketplace at Hillsboro Planned Commerce District). Site plans for the Main Retail Plaza, Tire Center, Walgreens, and Burger King have been approved by the Planning and Zoning Board since the original rezoning. Two (2) vacant outparcels remain within the PCD. The proposed special land use is located on one of the remaining outparcels along Lyons Road.

DISCUSSION:

The special land use request is to permit a drive-thru as part of the construction of the proposed 1,900 square foot Cali Coffee fast-food restaurant. The applicant proposes a single drive-thru lane that wraps around the rear and north side of the restaurant with a pick-up window facing the adjacent Tire Choice Store. Pursuant to City Code, any facility with a drive-thru requires a special land use approval. The applicant is not proposing modifications to plaza access or circulation.

Concurrently with this special land use application, the applicant is seeking a site plan approval for a Cali Coffee restaurant.  The applicant is also in the process of rezoning the main plaza, this subject parcel, the Tire Center, and the vacant East parcel, all under the same ownership, to PCD (Marketplace at Hillsboro II Planned Commerce District), to adopt new development standards and an updated list of permitted and special land uses.  The proposed special land use (and related site plan) are consistent with the new PCD.

Per Section 13-35, “Special Land Use,” subsections (f), “General Standards,” and (g), “Specific Standards for All Uses,” of the City Land Development Code, the Planning and Zoning Board and City Commission must find that a special land use meets the general and specific standards based on competent and substantial evidence. City staff finds that the special land use request meets the general and specific standards in Section 13-35(f) and (g) of the Land Development Code.

PUBLIC INVOLVEMENT:

Per Section 13-35, “Special Land Use,” subsection (c), “Additional Application Requirements,” property owners within 500 feet of the subject property were notified by mail of the special land use request and invited to attend the Planning and Zoning Board and City Commission meetings.  Sixty-one (61) notices were mailed by the City on May 26, 2021 and September 9, 2021 respectively. To date, staff has received one (1) resident inquiry related to the project for the rezoning request, which is attached for review.

As part of the application review process and in addition to the above code-required public notices, the applicant was required to perform community outreach in an effort to provide project information to neighboring property owners and neighborhood associations as well as hear and address concerns and issues raised through this process. The applicant has submitted a Community Outreach Summary for this project, which is included as part of the agenda backup for this application. Key efforts resulting from their outreach included a meeting held at the Hillsboro Marketplace Plaza on November 19, 2020, from 6 p.m. to 8 p.m., which was intended to provide a forum for residents and businesses but was open to the public.

RECOMMENDATION:

City staff finds the request consistent with Section 13-35, “Special Land Use,” standards of the City of Coconut Creek Land Development Code subject to the outstanding DRC comments.

The Planning and Zoning Board, at its August 11, 2021, meeting, recommended approval of this application. Outstanding DRC comments are included in the Planning & Zoning Board Agenda backup and are available online for your review.

FISCAL IMPACT: N/A