Minutes from the June 27, 2024 meeting.

Five (5) Variances - Dutch Bros Coffee - 2050 S. US Highway 1

The clerk introduced the Variances for Dutch Bros Coffee located at 2050 S. US Highway 1.

The chair asked the Board attorney to explain the Quasi-Judicial Hearing procedures.

When acting as a quasi-judicial body, the Board is held to certain procedural requirements.  Quasi-judicial proceedings are less formal than proceedings before a circuit court, but are more formal than the other aspects of today’s meeting. Quasi-judicial proceedings must follow basic standards of notice and due process, and decisions must be made based on competent substantial evidence. Therefore, board members have a duty to conduct quasi-judicial proceedings more like judges than legislators.  This afternoon, the Board will follow the same uniform procedure in all quasi-judicial hearings.

The Board attorney explained that because of the two (2) vacancies on the Board of Adjustment, there are only three (3) Board members, and the applicant can proceed or wait until four (4) Board members are present.  The applicant chose to proceed.

The Chair called the proceeding to order. 

The clerk confirmed the City complied with the advertisement and notice requirements. 

The Chair inquired with the Board regarding ex-parte communications and asked the Clerk to call the roll: 

Mr. Drummond - no
Mr. Crist - no
Chair Galinas - no

The Chair opened the public hearing. 

The clerk was asked to swear in those wanting to speak during this Quasi-Judicial hearing. Individuals in the audience intending to speak on this item were asked to stand, raise their right hand, and administered an oath to tell the truth, the whole truth, and nothing but the truth. Those that were sworn in were asked to clearly state their name for the record and confirm they were sworn in at such time as they were asked to come forward to testify. 

Staff Presentation:
Kev Freeman, Planning Director, gave an overview of the application. He said the .43-acre property is zoned Commercial (C-3), and has a Future Land Use of General Commercial and currently houses an existing vacant fast-food restaurant. He said the request is to allow the site to accommodate a proposed new use, a Dutch Bros Coffee drive-through that does not have any indoor patron area. The parking spaces will be for employees and for patrons choosing to park and walk to the pick-up window. There will be no outdoor tables for patron congregation.  The FDOT is requiring the closure of the existing driveway connection to US Highway 1, which results in vehicles being required to fully circle the building to use the drive-through. The site dimensions for the subject site restrict parking and drive aisle dimensions.

Mr. Freeman explained each of the five (5) Variances.
Variance 1 is to allow the eastern landscape buffer to be reduced from 10 ft to 6 ft.
Variance 2 is to allow the northern landscape buffer to be reduced from 10 ft to 6 ft.
Variance 3 to allow the minimum width of the parking spaces to be reduced from 9.5 ft to 9 ft and for the minimum depth to be reduced from 19 ft to 18 ft.
Variance 4 to allow the minimum width of the drive aisle to be reduced from 26 ft to 24 ft.
Variance 5 to allow a reduction from 1 parking space per 75 square feet of gross floor area to 1 parking space per 125 square feet of gross floor area.

Mr. Freeman stated there were no responses from the neighboring mailing. He said the way the site is laid out may restrict future land use of the property. Mr. Freeman explained that the particular use and zoning district do not result from the actions of the applicant. Mr. Freeman concluded that staff recommends approval of the five (5) Variances as requested based on the requests meet the criteria for granting variances.

Board questions for staff: Chair Galinas asked if relocating the drive-through lanes would eliminate the Variance.  Mr. Drummond asked if FDOT had seen the proposal.  

Applicant questions for staff: None 

Applicant presentation: Bob Ziegenfuss, Civil Engineer for the project, sworn, stated it is difficult to develop a small site of less than 1,000 feet. He said they tried to balance the site design with a little bit of everything, including a substantial landscape buffer around the entire site. Mr. Ziegenfuss said they used standard parking spaces and drive aisles. He noted the drive-through lanes will accommodate 18 cars and Dutch Bros wants to accomodate16 cars.  He mentioned that many customers order ahead and can use the walk-up window. Mr. Ziegenfuss said they met with DOT, and he said it is common for DOT to close a 2nd driveway on corner lots. He stated there would be five (5) employee parking spaces, one (1) ADA parking space and two (2) parking spaces for the pick-up window for a total of eight (8) parking spaces. Mr. Ziegenfuss said the two drive-through lanes merge into one which creates an escape lane for cars to get out.

Board questions for applicant: Mr. Drummond asked based on the location of the dumpster, if the garbage truck would have to back up to get out of the site and he asked about issues with traffic heading south on US Highway 1. Mr. Drummond asked if the signage on the property would need a Variance. Mr. Crist asked how customers could back out of the parking spaces with 18 cars in the drive-through lanes. Mr. Crist asked if the parking spaces are equal in length and if the landscape buffer on the north side could be increased. Mr. Crist asked if irrigation is included and what type of sod was being used.

Public comment: None

Staff final comment: Mr. Freeman said the landscape maintenance agreement is a Planning requirement, and he will work with the applicant on increasing the landscaping by 20%.

Board comment: Mr. Crist said he wants to see beautification in the area, and he would like Dutch Bros to increase the landscaping by 20%, use St. Augustine or Floratam sod, and maintain the landscaping.

Applicant final comment: The applicant said he had no problem with the request from Mr. Crist, and he stated the landscape would be increased as much as it can be without the landscape being overcrowded, and he asked to use species of landscaping that will grow year round.
 
The Chair, seeing no one else, closed the public hearing.