Agenda Item 4 (Quasi-Judicial Hearing)
Rezoning - Planned Development-General
DEV2015-088
Mason Avenue/Nova Road
STAFF REPORT
DATE: April 21, 2016
TO: Planning Board Members
FROM: Rose Askew, Planner
PROJECT REQUEST
A request by Michael O. Sznapstajler, Cobb Cole, on behalf of Nova Road, LLC to rezone 1.5±
acres of land located at 948 Mason Avenue from Business Automotive (BA) and Business
Shopping Center (BR-2) to Planned Development-General (PD-G) to allow for the construction
of a 4,260± sq. ft. building with associated site improvements.
PROJECT LOCATION
The property is located on the northeast corner of Mason Avenue and Nova Road. This
property is developed, but is currently vacant. The current zoning on the property is Business
Automotive (BA) and Business Retail-2 (BR-2) and the future land use designation of Retail.
Adjacent land uses and zoning classifications are illustrated in the following table and are also
shown in the accompanying maps.
Table 1: Land Use and Zoning
Existing Uses
Future Land Use Designation
Site
Vacant
Retail
North
Medical Office
Undeveloped
(Wal-Mart Site)
Driftwood
Animal Hospital
Holly Hill
Shopping Plaza
Local Service Industry
Local Industry (M-1)
Retail
Planned Development-General (PD-G
Retail
Business Retail-2 (BR-2)
Retail
Business Retail-2 (BR-2)
South
East
West
Existing Zoning Classification
Business Automotive (BA) &
Business Retail-2 (BR-2)
948 Mason Avenue – PCD Rezoning
Page 2
PROPERTY HISTORY AND PROJECT DESCRIPTION
The proposed site is vacant/developed. It is the former site of Tire Kingdom that closed in
2013. The applicant is requesting to rezone the parcels from BA and BR-2 to Planned
Development-General (PD-G) to allow for the construction of a 4,260± sq. ft. building with
associated site improvements (Attachment A). As part of the rezoning request, the applicant has
entered the Florida Brownfields Redevelopment Program with the Florida Department of
Environmental Protection (FDEP) and has agreed to demolish all structures associated with the
automotive use and cleanup any impacted soil and groundwater in accordance with the FDEP
rules and regulations. The proposed use for the site is a Kentucky Fried Chicken Restaurant.
The request includes a uniform sign program and waivers from the LDC.
PROJECT ANALYSIS
Article 4 (Zoning Districts), Section 4.8 (Planned Development Districts) of the LDC reads:
A.1 GENERAL PLANNED DEVELOPMENT DISTRICT PURPOSES
Planned Development (PD) districts are established and intended to encourage
innovative land planning and site design concepts that support a high quality of life
and achieve a high quality of development, environmental sensitivity, energy
efficiency, and other City goals and objectives by:
a. Reducing or diminishing the inflexibility or uniform design that sometimes
results from strict application of zoning and development standards designed
primarily for individual lots;
b. Allowing greater freedom in selecting the means of providing access, open
space, and design amenities;
c. Allowing greater freedom in providing a well-integrated mix of residential and
nonresidential land uses in the same development, including a mix of housing
types, lot sizes, and densities;
948 Mason Avenue – PCD Rezoning
Page 3
d. Providing for efficient use of land resulting in smaller networks of utilities and
streets and thereby lowering development and housing costs; and
e. Promoting quality design and environmentally sensitive development that
respects surrounding established land use character and respects and takes
advantage of a site’s natural and man-made features, such as trees, wetlands,
surface waters, floodplains, and historic features.
Article 3 (Review Procedures), Section 3.4.F.4 (Planned Development Review Standards) of the
LDC reads:
Review of and the decision on a Planned Development application shall be based on
compliance of the proposed zoning reclassification and PD Plan/Agreement with the
review standards in Section 3.4.D.3, Site-Specific Zoning District Map Amendment
Review Standards, and the standards for the proposed type of PD district in Section 4.8,
Planned Development Zoning Districts.
Site-Specific Zoning District Map Amendment Review Standards
In determining whether to adopt or deny a proposed Site-Specific Zoning District Map
Amendment, the City shall consider:
a. Whether the applicant has provided, as part of the record of the public hearing on the
application, competent substantial evidence that the proposed amendment:
i. Is consistent with and furthers the goals, objectives, and policies of the
comprehensive plan and all other applicable City-adopted plans;
The property included in the PD Rezoning application has a Comprehensive Plan land
use designation of Retail. Retail land uses are composed primarily of retail
establishments. The proposed restaurant use is consistent with the goals, objectives, and
policies of the Comprehensive Plan.
ii. Is not in conflict with any portion of this Code;
Development standards for a PD District must comply with the development standards
of Article 6: Development Standards and Article 7: Subdivision Standards or any
modifications of those standards established in the PD Plan/Agreement (Attachment B).
The applicant has proposed modifications to these standards listed below, which are
detailed later in this report. Approval of the PD rezoning application with modifications
would not be in conflict with any portions of the LDC.
1. Section 5.2 – Modification to permit uses that are not permitted in the BR-2
zoning district.
2. Section 6.4.C – Modification to reduce the minimum building perimeter
landscaping on the north side of the building from five feet to zero.
3. Section 6.6.C – Modification to allow two understory trees per linear foot on the
north perimeter of the property in lieu of the two shade trees required in the
LDC.
948 Mason Avenue – PCD Rezoning
Page 4
4. Section 6.10.J.8.a.i – Modification to increase the maximum height allowed for
monument signs from eight feet to nine feet.
5. Section 6.10.K.2 – Modification to increase the maximum number and size of
signs permitted in business districts.
6. Section 6.12.C.4.b.ii – Modifications to increase the minimum 30 horizontal feet
distance required for change in plans for sides of buildings that are less than 200
feet wide.
7. Section 6.12.C.4.e – Modification for walls to have windows that make up at
least 15 percent of the wall to 12.3 percent.
8. Section 6.12.C.4.l - Modification to allow building colors other than earth tones
or pastels that have a minimum light reflectance value of 70.
iii. Addresses a demonstrated community need;
The applicant has provided a Modification/Benefit letter that details public benefits and
addresses the standard for a demonstrated community need (Attachment C).
iv. Is compatible with existing and proposed uses surrounding the subject land,
and is the appropriate zoning district for the land;
The property to the west (across Nova Road) is a retail shopping center; the adjacent
property to the north is a medical office; the property to the east is an animal hospital,
and; the property to the south (across Mason Avenue) is the Wal-Mart PD that has not
been developed. The restaurant use is compatible with the existing and proposed uses
surrounding the property.
v. Would result in a logical and orderly development pattern;
Standards established in the PD Agreement and the LDC would result in a logical and
orderly development pattern for the subject property.
vi. Would not adversely affect the property values in the area;
The City’s Technical Review Team has reviewed the proposed rezoning request and
determined the proposed development would not have an adverse effect on the property
values in the area.
vii. Would result in development that is adequately served by public facilities
(roads, potable water, wastewater, solid waste, storm water, schools, parks, police,
and fire and emergency medical facilities); and
Staff has reviewed the requested development for impacts to public facilities and offers
no objection to the proposed uses or development plan.
viii. Would not result in significantly adverse impacts on the natural
environment—including, but not limited to, water, air, noise, storm water
management, wildlife, vegetation, wetlands, and the natural functioning of the
environment; and
948 Mason Avenue – PCD Rezoning
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The City’s TRT has reviewed the rezoning request and does not anticipate any adverse
environmental impacts with the approval of this request.
b. If the applicant demonstrates that the proposed amendment meets the criteria in
subparagraph [a] above, whether the current zoning district designation accomplishes a
legitimate public purpose.
The current zoning designations on the property are Business Automotive (BA) and Business
Retail-2 (BR-2). Both BA and BR-2 zoning districts permit eating and drinking establishment
uses.
Planned Development Zoning Districts Review Standards
Before approving a PD zoning district classification, the City Commission shall find the
application for the PD zoning district, as well as the PD Plan/Agreement included as part of the
application, comply with the following standards:
1. PD Plan/Agreement
The PD Plan/Agreement includes a development plan for the subject site. This includes
identification of proposed vehicle access points, development area, site improvements and
landscaping.
Vehicle Access Points
The site currently includes vehicle access points on Mason Avenue and North Nova Road. The
applicant is proposing to add a third vehicle access point on the north side (Mason Court) of the
property. The City’s TRT has reviewed the request for the proposed third vehicle access point
and found no objections.
Landscaping
The proposed landscape plan meets LDC requirements with the exception of the perimeter
buffer requirement on Mason Court, and required landscaping at the building perimeter. Also,
the applicant requests elimination of required building perimeter landscaping to accommodate
the drive-thru. Section 6.6.C requires a Type A perimeter buffer that includes 2 ACI of shade
trees plus 12 ACI of small trees per every 100 linear feet (at least 60% of plants shall be
evergreen). The applicant is proposing to substitute understory trees with a minimum of 2.5
caliper for the required 2 ACI of shade trees. The request to substitute the understory trees for
shade trees requires a modification to the LDC standards.
948 Mason Avenue – PCD Rezoning
Page 6
2. Consistency with City Plans
If adopted by the City Commission, the PD zoning district designation and the PD
Plan/Agreement will be consistent with the Comprehensive Plan.
3. Compatibility with Surrounding Areas
The proposed development plan meets compatibility standards for the property perimeters. The
applicant has conducted a neighborhood meeting, as required by the LDC. A summary of the
neighborhood meeting prepared by the applicant is attached (Attachment D).
4. Development Phasing Plan
The applicant has not proposed a phasing plan for this development.
5. Conversion Schedule
Not applicable.
6. On-Site Public Facilities
No onsite public facilities are proposed.
7. Uses
The project site currently includes five parcels, however a request for the combination of all
parcels into one, is being processed concurrently. Three of the parcels are zoned BR-2. The
remaining two parcels have split zoning of BR-2 and BA. Although both BR-2 and BA zoning
accommodate a wide range of retail sales and service and commercial uses, BR-2 does not
permit several of the uses in the BA zoning district, including auto oriented uses.
8. Densities/Intensities
The maximum floor area ratio: 3.0
9. Dimensional Standards
Maximum Impervious Surface Area: 70%
Maximum Building Coverage: 35%
Minimum Open Space: 20%
Maximum Building Height: 35 feet
Minimum Building Setbacks:
Front – 25 Feet
Rear – 25 Feet
Street Side – 25 Feet
Interior Side – 7.5 Feet
10. Development Standards
948 Mason Avenue – PCD Rezoning
Page 7
All development in a PD district shall comply with the development standards of Article 6:
Development Standards, and Article 7: Subdivision Standards, or any modifications of those
standards established in the PD Plan/Agreement as consistent with City plans, the objective of
the particular type of development standard, the purpose of the particular PD district, and any
additional limitations or requirements set forth in Sections 4.8.C and 4.8.D for the particular
type of PD district.
Proposed Modifications
1. Section 5.2 – Modification to permit uses that are not permitted in the BR-2 zoning
district. As previously stated, the project cite includes five parcels. Three of the parcels
are zoned BR-2. The remaining two parcels have split zoning of BR-2 and BA. While
both BR-2 and BA zoning accommodate a wide range of retail sales and service and
commercial uses, BR-2 does not permit several of the uses that are permitted in the BA
zoning district, including auto oriented uses. The applicant has requested the following
uses:
 Communication Uses, including uses allowed by Special Use Permit;
 Community Service Uses allowed by Special Use Permit;
 Day Care Uses;
 Health Care Uses;
 Utility Uses;
 Other Institutional Uses;
 Animal Care Uses;
 Boat/Marine Sales and Service Uses;
 Business Support Service Uses;
 Eating and Drinking Establishment, including uses allowed by Special Use Permit;
 Motor Vehicle Sales and Service Uses;
 Office Uses;
 Recreation/Entertainment Uses, including uses allowed by Special Use Permit;
 Retail Sales and Services Uses, including uses allowed by Special Use Permit,
except Body Piercing Establishment, Check Cashing Service, and Pawn Shop;
 Self-Service Storage Uses;
 Visitor Accommodation Uses;
 Industrial Service Uses;
 Manufacturing and Production Uses;
 Wholesale Uses
The Planned District Agreement will be revised to reflect these permitted uses as the
attached Planned District Agreement does not reflect these changes.
2. Section 6.4.C.a – Requires a property perimeter bounded by a building or structure to
have a landscape area with a minimum depth of five feet. The applicant is requesting a
modification to reduce the minimum building perimeter landscaping on the north side of
the property (Mason Court) from five feet to zero, to accommodate the drive-thru.
3. Section 6.6.C – The proposed project requires a buffer of 2 ACI of shade trees plus 12
ACI of small trees per every 100 linear feet (at least 60% of all plants shall be
evergreen). The applicant is requesting a modification to allow two understory trees per
100 linear foot on the north perimeter of the property in lieu of the two shade trees
required in the LDC.
948 Mason Avenue – PCD Rezoning
Page 8
4. Section 6.10.J.8.a.i – The LDC requires a maximum height of eight feed as measured
from the natural grade. The applicant is requesting a modification to increase the
maximum height allowed for a monument sign from eight feet to 9 feet.
5. Section 6.10.K.2.b –The applicant is requesting a modification to the sign table for
business districts (below) to increase the maximum number and size of signs permitted
in business districts. The proposed sign plan is attached (Attachment E).
6. Section 6.12.C.4.b.i – LDC requires walls that are less than 200 feet wide to have
changes of planes with at least a three-foot projection or recess no less than every 30
horizontal feet. The applicant is requesting a modification to allow the main entry side
elevation and drive- thru side elevation to have architectural features that are less than
the minimum 30 horizontal feet required.
7. Section 6.12.C.4.e – LDC requires walls to have windows that make up at least 15
percent of the wall. The applicant is requesting a modification to reduce the
minimum15 percent 12.3 percent.
8. Section 6.12.C.4.l – LDC requires building colors to complement the design of the
building and not be so extreme that the color competes with the building for attention.
Additionally, it requires colors to be earth tones or pastels having a minimum light
reflectance value of 70. The proposed primary color for the KFC building is red. The
applicant proposes that pastel colors would not be complementary to the KFC
“American Showman” image prototype and is requesting a modification to allow
building colors other than earth tones or pastels.
RECOMMENDATION
Staff recommends approval to rezone 1.5± acres of land located at 948 Mason Avenue from
Business Automotive (BA) and Business Shopping Center (BR-2) to Planned DevelopmentGeneral (PD-G), to allow for the construction of a 4,260± sq. ft. building with associated site
improvements.
A majority vote of the Planning Board members present and voting are required to recommend
approval to the City Commission.
ATTACHMENT A
DRAFT
ATTACHMENT B
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
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DRAFT
DRAFT
DRAFT
DRAFT
ATTACHMENT C
ATTACHMENT D
ATTACHMENT E
KFC - 30' x 114s.f. Horizontal Pvlon and 40s.f. Reader Board - V225
KFC-BP116:KFC Pylon Cabinet (114.11 s.f.
Engineered for 150 MPH wind (peed 3-second gust-Exposure C.
12" Aluminum Extrusion Cabinit Painted Black
2" Aluminum Retainer Painted Black
2 -10" x 10" Square Columns Painted Black
Approximate Weight: 850 lbs
Polycarbonate formed Faces
12" Radius
.177 Clear Polycarbonate 3-3/8" Pan-formed Face
with 1" Embossing
Second Surface 3MVinyl Graphics Back-sprayed White
Vinyl Colors Listed Below
14'-0 3/4"
Illumination
14 F96T12HO/D Fluorescent Lamps
7 - 2-96 HO Electronic Ballasts
Amp Load • 7.7 amps 60 HZ - UL48 5 NEC Compliant
5' x 8' Reader Board (40 s.f.)
12" Aluminum Extrusion Cabinet Painted Black
1-1/2" Aluminum Retainer Painted Black
Approximate Weight: 165 lbs
Polycarbonate formed Faces
KGC Face .150 Clear Polycarbonate 2" Pan-Formed Face
Reader Board.150White Polycarbonate 2" Pan-Formed Face
Second Surface 3MVinyl GraphicsBack-sprayedWhite
Vinyl Colors Listed Below
Illumination
4 F96T12HO/D Fluorescent Lamps
2 - 2-86 HO Electronic Ballasts
Amp Load - 22 amps 60 HZ- UL48 &NEC Compliant
Graphic & Color Specifications
©•
©•
©•
©•
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Color
PMS
KFC Rich Red
187
3M
3630-53
KFC Bright Red
KFC Deep Burgundy
KFC Medium Beige 727CV
3630-2658
3630-2395
3630-0647
KFC Rich Black
White
3630-22
3630-20
Black
White
White Polycarbonate
Semi-Gloss Black Paint
©•
Gray
Cool Gray
3630-84
Embossing Details
1" Rise To Embossed Surface
2-3/8" Pan
2 Concrete Piers
36*Diax128"Deepor
48" x 48" x 96"deep
2-1/2" Flange_
IMI4000- 4500 PSI
Ready Mix
300 PSF per foolof
depth allowable lateral
soil bearing pressure.
Compliant with National
Building Code
KFC - 30' High 2 Post Horizontal Pylon Sign w/ReaderBoard
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Ovm OfBc* Locjomi
Spraylat Magenta 18-7837
Spraylat White L8-3124
Spray1atYeBowL8-7836
Spraytat Violet L8-7917
Taco Bell Colors
Internally Illuminated Sign
Black
Red
Deep Burgandy
BrightRed
Beige
White
COM PANY
FEDERAL
HEATH
SIGN
tvonser-2100 • r«» f?e»i sitmioi
1500 Norm Bolton • .tedoonvOt. Tout 75764
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KFC Colors
ATTACHMENT E
Electrical Conduit (byinstaller)
4" x 4" x 62* x 1/4" Steel Tube
Caisson Footing
"^ Michelle Busing
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Scale: 3/8"=V
Front Elevation
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R2: CHG ARTTO NEW "VISION". 7.12.06/TMS
R3:ADDED FOUNDATION DIMENSIONS 8.1.06/TMS
£>«»!»>'
12 3/4"
_
Wythevine. Va
7/8" Holes
14
17'
Scale: 1/2"=V
Pole Match Plate
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ShmNimtwt
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5/8/06
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atjihon/pd agent.
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Federal Heatn sign
permission
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Appioved wcrunoes f"l
Circuits: (1)20 amp
Volts: 120
Amps: 7.8
Sign Specifications
Area: 72 SF
WindLoad: 30PSF
3/8" Reinforcing Bar
4 1/8" x 4 1/8"
6'x 12" Monument