Staff Report to the Municipal Planning Board (MPB) January 19, 2016 C U P 2 0 1 5-0 0 0 2 0 I TEM #3 C H I C K FIL A CONROY AND KIRKMAN 2 ND DRIVE-THROUGH LANE Location Map S U M M A RY Owner Ken Choquette, VP Equity One, Florida Portfo- Applicant Stuart Anderson Interplan LLC Project Planner Jacques Coulon Planner I Property Location: 4752 S. Kirkman Rd. (PID: 13-23-28-4150-01-000), west side of Kirkman Rd., south of Conroy Rd., north of the Florida Turnpike, (±10.54 acres, District 6). Applicant s Request: The applicant is seeking a Conditional Use Permit (CUP) to add a second drive-through to an existing Chick Fil A restaurant with one drivethrough. Subject Site Staff s Recommendation: Approval of the request, subject to the conditions in this report. Public Comment As of the published date of this report, staff has not received any comments from the public concerning this request. Updated: January 13, 2016
Page 2 F U TURE LAND USE MAP Z O N ING MAP
Page 3 P R O JECT ANALYSIS Project Description The applicant is requesting a Conditional Use Permit to add a second drive-through lane to an existing Chick Fil A located at 4752 S. Kirkman Rd. The existing 4,040 sq. ft. + restaurant is an outparcel within the Kirkman Shoppes Shopping Center. No alterations will be made to the existing building, changes will be made to the parking area, walkways, and signage. The property is zoned AC-1 which allows eating and drinking establishments but requires a conditional use permit for any drive-through uses. The site has a Future Land Use designation of COMM-AC (Community Activity Center). An existing zoning designation of AC-1 (Community Activity Center) spans the site. The proposal is consistent with both the Zoning and Future Land Use designations. Previous Actions: 1972: 64,198 sq. ft. + gross shopping center constructed. 03/1998: Approval of Conditional Use Permit and Masterplan by MPB (98-098) to allow drive-through in AC-1 zoning district. 09/1998: 4,040 sq. ft. + gross Chick-Fil-A restaurant, with one drive-through lane, developed on property. 04/2014: Property replatted as Kirkman Shoppes. Project Context The subject site is generally located at the southwest corner of Kirkman Rd. and Conroy Rd. within the Kirkman Shoppes Shopping Center. The shopping center was originally constructed in 1972 and has remained as a shopping center since. In 1998 Chick Fil A received a Conditional Use Permit (98-098) to operate a drive-through along with the restaurant. Chick Fil A has continuously occupied and operated out of this location since it was built in 1998. The surrounding uses consist primarily of shopping centers, automotive services and major roadways. (See Table 1) North East Table 1 Project Context Future Land Use Zoning Surrounding Use Community Activity Center (COMM-AC) Community Activity Center Industrial (INDUST) Community Activity Center (AC-1) Shopping Center, Drug Store, Restaurant, Gas Station, Community Activity Center (AC-1) Planned Development (PD Shooter s World) Bank with Drive-through, Automotive Parts Retail, Automotive Service, Restaurant, Vacant Health Club (PD for indoor shooting range) South Community Activity Center Community Activity Center (AC-1) Florida Turnpike West Community Activity Center Community Activity Center (AC-1) Shopping Center, Vacant Commercial, Drug Store Conditional Use Permit Criteria (LDC Section 65.285) The Municipal Planning Board and City Council shall consider the following factors in their review of Conditional Use Permit (CUP) applications: 1. Purpose and Intent. The purpose and intent of the use and all other requirements of the LDC. 2. Growth Management Plan (GMP). The consistency of the proposal with all applicable policies of the City's adopted GMP. 3. Compatibility. The compatibility of the proposal with surrounding land uses and the general character of the area including such factors as height, bulk, scale, intensity, traffic, noise, drainage, dust, lighting, appearance, etc. 4. Public Facilities and Services. Will necessary public facilities (both on- and off-site), such as transportation, sanitation, water, sewer, drainage, emergency services, education, recreation, etc. be adequate to serve the proposed use. 5. Residential Displacement. Determine the extent to which the proposed use, location and building site design would displace existing residential uses on the site or would encourage displacement of residential uses adjacent to the site, and consider alternative uses, locations and/or site designs which could minimize residential displacement. 6. Other Matters. Any other matter which the Board/Council may deem appropriate and relevant to the specific proposal. Purpose and Intent The purpose of the request is to allow an existing Chick Fil A restaurant to add an additional drive-through, which requires a Conditional Use Permit (CUP) in the AC-1 zoning district. Both drive-through lanes will be located in the same general location as the current lane along the north side of the building. There will be two distinct lanes for queuing and ordering but will then merge into one single lane on the west side of the property for payment and order pick up.
Page 4 Conformance with the GMP and LDC The property is in the Community Activity Center (COMM-AC) Future Land Use designation, allowable uses in the Community Activity Center future land use designation include residential, office, commercial, public, recreational and institutional. No subarea policies impact the subject site. The proposal is consistent with the GMP. The subject site is zoned AC-1 (Community Activity Center), there will be no new building square footage, curb cuts, or increase in intensity. The building and use are consistent with the LDC. Development Standards The existing building meets all requirements for Floor Area Ratio (FAR), Impervious Surface Area Ratio (ISR), setbacks, building height, and minimum lot size. Compatibility The property is abutted by commercial uses to the north (across Conway Dr.), west, and east (across Kirkman), by industrial use to the southeast (across Kirkman Dr.) and by the Florida Turnpike to the south. The proposed additional drive-through is compatible with the existing uses surrounding the property. Public Facilities and Service Public facilities already exist to serve the existing restaurant with drive-through and no additional public facilities will be needed. Residential Displacement No residential uses will be displaced via the proposed additional drive-through. Transportation The proposed addition of a second drive -through facility will not result in a need for addition parking spaces onsite. The existing parking area is asphalt. The development will be a one phase renovation of the existing drivethrough and construction of the second drive-through. While there is a reduction of 8 parking spaces for Chick Fil A there will still be more spaces than required provided. See table 3 for additional information. Configuration Current configuration with one drive-through Proposed configuration with two drive-throughs Table 3 Parking Requirements Minimum Parking Ratio & Requirement 5 spaces/1,000 sq. ft. GFA 20 spaces Maximum Parking Ratio & Requirement 20 spaces/1,000 sq. ft. GFA = 80 spaces *Number of spaces Existing 49 Proposed 41 * After completion of the second drive-though there will be a total of 466 parking spaces provided in the shopping plaza (including Chick Fil A) which exceeds the minimum needed by code. Traffic Vehicular access to the site is mainly from a driveway on Kirkman Rd., additional access is from the surrounding parking lot and shopping center. Pedestrian Access A pedestrian walkway shall be provided through the relocated handicap spots on the north side of the building through the two drivethrough lanes to the existing entrance on the north. This shall connect to the existing sidewalk leading from Kirkman Rd. into the shopping center along the north end of the Chick Fil A parking area. Striping shall be added to the pedestrian walkway on the far west of the building where it passes through the merged drive-through traffic on its way to the shopping center. Architecture/Urban Design The existing 130,164 sq. ft. building interior will be remodeled, an additional enclosed space to the rear of the building will be added and other small changes will occur due to the relocation of the drive-through. The drive-through facility will be converted to two lanes. The building will be reviewed by ARB for improvements to the building and sight as a result of the CUP request. Signage Per LDC Section 64.201, sign area for the restaurant facilities are based on linear building frontage facing Kirkman Rd., including ground, wall, window, or other signs visible from the public R-O-W, all new signage will require permits prior to sign fabrication and placement. Banners, streamers and wind-operated advertising devises are prohibited. Digital signs are also prohibited. The applicant is planning a pole sign along Kirkman Rd. and will be going through the sign permitting process as they are ready to submit plans for the new sign.
Page 5 Infrastructure Storm Water There will be no changes to storm water plans or flows, all areas that will be part of the new drive-through lane are already paved as either parking or drive access. Solid Waste: The restaurant will continue to utilize the existing dumpster located to the south of the restaurant. Conditions During Construction: The restaurant will be closed for approximately one month during construction and interior remodel. The store will reopen when all construction is complete. Environmental The addition of the second drive-through would not remove any of the existing buffer yard or plant materials on site. As described in the conditions in this report the applicant is being required to provide some additional trees on the property as well as some additional screening around the existing dumpster enclosure. School Impacts School impact assessment is not applicable, as the use will be a non-residential commercial use. A E R IAL PHOTO Subject Outparcel Chick Fil A Subject Property Shopping Center
Page 6 E X ISTING SURVEY
Page 7 D E V ELOPMENT PLAN Proposed Roofed Service Yard Existing Pedestrian Walkway to be striped Proposed Menu Boards Existing Dumpster in Enclosure Relocated Handicap Parking Proposed Handrail Walkway from existing sidewalk through Handicap spots to Building Lane One Lane Two Note: MPB approval is for the exhibits shown and subject to the conditions of approval found within this staff report and as approved by City Council. All exhibits, project descriptions, and footnotes submitted as part of the application are superseded by this staff report.
Page 8 A R C H ITECTURAL PERSPECTIVES/ELEVAT IONS Rear Elevation of Service Yard addition; view looking west. Side Elevations of Service Yard addition. View from the south (left), and north (right).
Page 9 SITE PHOTOS Existing parking adjacent to N. side of building. It will be replaced by the second drive-through. Handicap Parking to be removed/relocated. New crosswalk from Handicap Parking to connect here, ramp and railing to be installed. Location of proposed Sidewalk, Handicap, Building crosswalk. Handicap spots to be relocated from current location to this side of parking lot. View of drive through exit with traffic flow control devices, View of proposed Service Yard location at rear of building., looking north. View of proposed Service Yard location at rear of building., looking south.
Page 10 S I TE PHOTO S CONTINUED Aisles merge here. Existing Menu Board to be removed, will become cue space only for pickup window. Area where the two drive-through lanes will converge into one after ordering. New drive-through configuration as seen from front of building looking west. New location of menu boards. (1, 2) 1 2 Lane 1: New lane to replace existing parking along north side of building. Lane 2: Existing lane to remain in approximately the same location.
Page 11 F I N DINGS Subject to the conditions contained herein, the proposal is consistent with the requirements for approval of a Conditional Use Permit to construct a drive-through lane applications contained in Section 65.000 of the Land Development Code (LDC): 1. The proposed use is consistent with the City s Growth Management Plan. 2. The proposed use is consistent with the purpose and intent of the AC-1 zoning district and all other requirements of the LDC. 3. The proposed use will be compatible with surrounding land uses and the general character of the area. 4. The necessary public facilities will be adequate to serve the proposed use. Staff recommends approval of the Conditional Use Permit to add a second drive-through lane subject to the conditions below: C O N D ITIONS OF A PPROVAL Growth Management The Comprehensive Planning Studio has no objections to the conditional use permit. Land Development 1. Scope of Conditional Use. This use shall operate only as described within this report. All of the improvements shown in the attached site plan (and as amended by any conditions found herein) are required as a condition of approval. Any changes in the use of the site, the operation of the project, or the site plan as described herein may require a new or amended Conditional Use Permit (see Minor Modifications condition). This approval is not transferable to another property. 2. Minor Modifications. Minor modifications and design changes including but not limited to fences, signs, landscaping, interior alterations, and other minor changes, that are required beyond those previously reviewed by the Municipal Planning Board, may be approved by the Planning Official without further review by the Municipal Planning Board. Major changes shall require additional review by the Municipal Planning Board. 3. Permit Compliance. All plans submitted with the applicant s building permit application(s) must comply with the conditions of approval provided in the Municipal Planning Board staff report and any amendments to those conditions approved by the Municipal Planning Board or City Council. No building permit will be issued for this project until all conditions of approval are complied with and reflected in the plans submitted with the building permit application. 4. Approved Site Plan. The Conditional Use Permit is valid only for the site and applicant-provided landscape plan, as provided in this staff report and any changes necessary as a condition of this staff report. The CUP is not transferable to another property. 5. Regulations Subject to Code. Except as provided herein, the proposed project is subject to the conditions of this report and all codes and ordinances of the State of Florida, City of Orlando and all other applicable regulatory agencies. All other applicable state or federal permits must also be obtained before commencing development. 6. CUP Expiration. Approval of the Conditional Use by City Council shall grant the applicant authority to submit an application for site plan/master plan review for a building permit. The permit application must be submitted and a permit issued within two (2) years of approval of City Council or the Conditional Use Permit shall expire. However, upon written application filed 30 days prior to the expiration date, the Planning Official may renew the Conditional Use Permit for a one period of up to 12 months providing good cause is shown. 7. General Code Compliance. Development of the proposed project shall be consistent with the conditions in this report and all codes and ordinances of the City of Orlando, the State of Florida and all applicable regulatory agencies. 8. Previous Approvals Consistency. The proposed development shall be consistent with the conditions of the previous approvals. 9. Parking. Per Section 61.342 a minimum 20 spaces are required and shall be maintained on site for customer parking for the current restaurant (based on the existing 4,040 sq. ft. restaurant). 10. Impervious Surface Ratio (ISR). ISR for the shopping plaza shall not exceed 90%. 11. Signage. Signage shall be per LDC Section 64.201. All signs or change-outs shall be permitted prior to fabrication and placement. Urban Design 1. An Appearance Review shall be required prior to building permits being issued. All Urban Design conditions of approval shall be address in revised drawings prior to Appearance Review meeting 2. Architectural elevations shall be generally consistent with those provided in the Master Plan application, except as noted herein. Minor changes may be approved by staff. 3. New ground floor glass shall be clear on all facades (minimum of 80% light transmittance), or low-e glass with a minimum light transmittance of 60%. Darkly tinted or reflective glass shall be prohibited. 4. All utilities, including street light poles, shall be kept out of the pedestrian path.
Page 12 C O N D ITIONS OF A PPROVAL 5. The dumpster enclosure shall be landscaped. 6. Fencing - Any fencing on the site shall be open, CPTED-approved fence, such as aluminum or wrought-iron picket fencing. 7. Sidewalk Connections - A complete pedestrian circulation plan shall be provided. A minimum 5-foot wide pedestrian pathway shall connect from the principal building entrances and exits to the sidewalks. 8. Provide stamped concrete, pavers, or an alternative material treatment with a smooth surface for any paths across the drivethrough lanes. 9. All landscaping shall meet or exceed the minimum requirements of the landscape code, for the development area of the Chick-fil -A store. 10. Existing trees (not including those classified as invasive, exotic species) shall be preserved to the extent practical. The placement of underground utilities, including irrigation, within the driplines of existing trees to be preserved shall be done by means of tunneling rather than trenching. Any melaleuca, chinaberry, Chinese tallow, Brazilian pepper, camphor, or Australian pines existing on the site shall be removed. 11. Tree clearing (excluding the clearing of invasive exotic species) shall not commence until full site and building development plans have been approved. 12. The landscape areas west of the drive-through aisle shall be landscaped with tall groundcovers (such as African iris) or lowgrowing shrubs such as dwarf Walter's viburnum or India hawthorn. Palms or understory trees shall also be provided in this area. Transportation There are no objections to this request. Police The Orlando Police Department has no objections to the CUP request to add a drive-thru lane at Chick-Fil-A located at 4732 S. Kirkman Rd. Fire TRC fire code review is preliminary in nature, and is intended to expose or prevent evident design deficiencies with State and City Fire Codes. The design will be reviewed in detail for State and City Fire Code compliance at the time of permit application.
Page 13 C O N TACT INFORMAT ION Growth Management For questions regarding Growth Management plan review, please contact Wes Shaffer at (407) 246-3792 or thomas.shaffer@cityoforlando.net Land Development For questions regarding Land Development review, please contact Jacques Coulon at (407) 246-3427 or jacques.coulon@cityoforlando.net. Urban Design For questions regarding Urban Design plan review, please contact Ken Pelham, at 407.246.3235 or kenneth.pelham@cityoforlando.net Transportation For questions regarding Transportation Planning plan review, please contact John Rhoades at 407-246-2293 or john.rhoades@cityoforlando.net Engineering/Zoning For questions regarding Concurrency Management contact Keith Grayson at 407.246.3234 or keith.grayson@cityoforlando.net. To obtain plan review status, schedule/cancel an inspection and obtain inspection results, please call PROMPT, our Interative Response System at 407.246.4444. Police For questions regarding Orlando Police Department plan reviews or to obtain a copy of the brochure, contact Audra Nordaby at 407.246.2454 or Audra.Nordaby@cityoforlando.net. Fire For any questions regarding fire issues, please contact Jack Richardson at 407.246.3150 or at jack.richardson@cityoforlando.net. To obtain plan review status, schedule/cancel an inspection and obtain inspection results, please call PROMPT, our Interactive Voice Response System at 407.246.4444. Building For questions regarding Building Plan Review issues contact Don Fields at (407) 246-2654 or don.fields@cityoforlando.net. R E V I E W/AP P R O VA L PROCESS NEXT STEPS 1. Following the MPB meeting, the City Council will review and approve the MPB meeting minutes on Monday Feb. 29, 2016. 2. Building permits.