Planning and Zoning Board - Regular Meeting

We call the meeting to order. This is the 07/09/2025 meeting of the Coconut Creek Planning and Zoning Board. Madam Clerk, will we call the roll, please?

Chair Jeffrey Leith? Here.

Mr. Solomon Briggs? Here.

Ms. Nancy Fry? Here. Assistant City Attorney Harvey? Here. Assistant Director Lizette Aguilar? Here. And Director Justin Proffitt?

Here.

Also just for the record, we did get notice from Vice Chair Colleen LePlante and also Mr. Alex Escoriasa that they would be unable to attend this evening. This meeting is being conducted live with a quorum physically present. The materials for today's meeting are available online at www.coconutcreek.net. Anyone wishing to appeal any decision made will need a record of the proceedings and for such purpose may need to ensure that a verbatim recording of the proceedings are made including the testimony and evidence upon which an appeal is to be based.

The archive of this meeting may be requested from the city clerk or may be heard online at www.coconutcreek.net. If you haven't already, please silence your cell phones. If you must take a call, please excuse yourself and step outside.

Are there any corrections or revisions to the minutes of the 06/11/2025 meeting? No. If none, is there a motion and second to approve the minutes as presented? Motion to approve.

Second.

Roll call, please.

Ms. Fry? Yes. Mr. Briggs?

Yes.

And chair lights?

Yes. We're now going to consider several quasi judicial items. Will the board attorney please explain the procedures?

First, I want to remind everyone to silence your cell phones. Florida courts have determined that there are certain types of matters including agenda items four and five on tonight's agenda that are to be treated differently than other items considered by the board. In these quasi judicial applications, the board is applying existing rules and policies to a factual situation and is therefore acting like a judge and jury do in a trial held in the courtroom. In such cases, the courts have decided that due process and fundamental fairness require that more formal procedures be followed. The board's decision must be based on evidence and information that is presented at the public hearing including the agenda materials, staff recommendation, testimony presented at the public hearing, and the deliberations of the board.

The quasi judicial procedures required that the board consider the evidence presented to it and base their decision on the applicable law and primarily on credible evidence presented whether by staff, the applicant, or members of the public. In a quasi judicial proceeding, the board is not allowed to take into consideration public sentiment or the popularity of a particular development proposal or application. The board may only consider competent substantial evidence. This means testimony or other evidence that a reasonable mind would accept as credible and adequate to support a conclusion. Florida courts have made it clear that mere generalized statements of opposition are to be disregarded, but fact based testimony can be considered competent and substantial evidence.

This can include eyewitness observation testimony about relevant facts and documentary evidence including photographs, aerials, and maps. Citizens who want to participate in a quasi judicial hearing can testify as to factual matters and any element of the case that would not require specialized training or specific academic degrees. Their testimony will be considered provided their testimony is backed up by established facts, studies, or evidence that is not conjecture or just based on a feeling. The quasi judicial hearing process is not a popularity contest. The strict rules of evidence do not apply during the public hearing, but any comments made but any comments must be relevant to the agenda item.

Everyone who seeks to speak on an item will be given an opportunity to speak. If you intend to provide testimony as to any of the applications to be considered tonight, you will be sworn in before your testimony is taken. Please know if you speak, you may be subject to cross examination. The board may comment or ask questions of persons addressing the board at any time. If you refuse to either be cross examined or to be sworn in, your testimony will be considered in that context and given its due weight.

The general public will not be permitted to cross examine witnesses, but may request that the board direct questions on their behalf to the applicant or staff. Will the clerk please confirm compliance with the notice requirements? The city has satisfied the legally required public notice for the public hearing for agenda items four and five. Will the board clerk please swear in the witnesses for the quasi judicial agenda items four and five? Will anyone wishing to speak on the quasi judicial agenda items four and five please stand and raise your right hand. Do you swear to tell the truth, the whole truth, and nothing but the

truth? Yes.

When you come forward to speak, please state your name and address clearly for the record. State whether or not you've been sworn in, and state whether or not you understand the rules of the proceedings.

We will now hear agenda item number four, and if there are no objections by anyone, we will also hear agenda item number five at the same time since they are related.

Are there any disclosures on behalf of the board for agenda items four or five?

Hearing none, I turn to staff. Ms. Aguilar, you make the presentation.

Yes, thank you. Good evening board members and staff. Liz Aguilar, assistant director of sustainable development department. And here with me this evening is Justin Proffitt, the director of the department. Thank you board chair for allowing us to present these applications together and I will do so now.

So, agenda item number four, a sign deviation application to allow an increase in height to the proposed logo sign on the front building elevation. Agenda item number five, a sign deviation application to allow an increase in size and add illumination to the proposed service sign on the front elevation for the Lincoln automobile dealership currently under construction located at 5501 West Sample Road. The subject property has PMDD zoning. It is part of the Infinity Lincoln of Coconut Creek PMDD. It has a regional activity center or RAC future land use designation.

And the legal description and any plat restrictions have been provided on the face of the staff memorandum. As agent for the property owner, TT of Sample Inc, Mark Brinchley, Mark Brinchley planning consultant, excuse me, is requesting the following deviations specifically for one Lincoln logo to increase the height from a maximum allowed three feet to five foot one inch. One service sign to increase the size from the maximum allowed of eight square feet to 10 square feet and to allow internal illumination where illumination is otherwise not permitted. So clearly at the time that the site plan was approved last year, the signed specifications for this project had not yet been developed. The applicant at the time, which is typical, hadn't put together the package based on what the vision was from the property owner.

This is not uncommon. This happens routinely and we generally see sign specifications during the building permit process. The general contractor is the person who hires the subcontractors working on the project, and that includes fabricator. And, they are the ones that develop all the specifications, wiring, the heights, the materials, those types of things. And, typically, we see that during the permit part of the process.

During the permit review, staff did identify and advised the applicant of the code conflicts. It was at that time that the applicant decided to pursue the request for the deviations. Staff reviewed the requests in light of the intent of the section 13 dash four five six of the sign code, which aims to promote clear communication without any visual clutter, to ensure that the sign is architecturally integrated and appropriately scaled to the site and the building, and to prevent any adverse impacts related to illumination. Our sustainability manager has reviewed both the building permit and the development review application for the deviation, and she has confirmed that illumination does not conflict with any of our sign code regulations or requirements. In summary, staff finds that the deviation requests for agenda item number four and agenda item number five meet the standards for assigned deviation.

Staff findings are further summarized in your staff memorandums. This does conclude staff's presentation. I'm happy to take any questions from the board now or after the applicant has had an opportunity to make his presentation as well. And if Justin, you want to add something to that?

Nothing to add. Thank you.

Perfect. Thank you so much. So the applicant, Mr. Mark Brinchley is here. Did you need help opening that up, that presentation?

This one here.

Yeah. Okay.

Thank you. Need to zoom out or anything.

So how do I go up? Hold it now. Thank you board for allowing me to speak tonight, I'm honored that I'm the only item on the agenda that you came all the way to listen to and to

Could you state your name and then Oh, yeah.

I'm sorry. I was so excited to be here. My name is Mark Brinchley. My address is 3790 Beacon Ridgeway, Clermont, Florida. I have been doing You also have

to state that you've been sworn in, you understand that

you're I have been sworn in, yes. I've been a planning consultant for thirteen years. I worked for the city of Tampa for ten years as their sign reviewer, and I have worked as a director of planning in Utah for twenty years, having developed a comprehensive sign code. So, I'm aware of the complexity of sign codes. I'm aware that they are probably the most significant item visually identifies a city, and why communities are, especially in South Florida, are so concerned about what their city looks like through its signage.

And as mentioned by Liz, these two deviations are really quite minor in terms of their scope, their size, and so forth. It can really be summed up in the fact that the dealership is some 300 feet away from Sample Road. And it is behind landscaping, both medium story plant material as well as trees that are in the parking lot. Also behind vehicle display areas, if you've been through the area and look at the site plan, you can see that this building is well back from the setbacks. The logo sign was mentioned.

The actual logo, the star logo of the Lincoln brand is two feet one inch taller than the three foot that is allowed. And The panel that it's located on is attached to a significant column in the southeast corner of the building, and helps basically appear to support the structure as it's dark in color with the logo on it, as you can see there. It is in keeping with the Lincoln brand and very tasteful. And with the dark brown color of the panel, it meshes and is very compatible with the architecture and the facade building materials of the building. Any questions on the logo?

And then I'll go to the next one.

Sorry, are you taking the questions on the individual items, or do you want us to wait until the end?

I'm happy to respond to questions on the logo specifically, if you have questions on the logo. I'll move next to

I had a question. The logo itself is what's going to be five feet one inch?

Yes. Okay. It's illuminated, soft light with neon behind, not neon, LED. It appears to be washed out from the back of it. Any other questions on the logo?

K. I I have the logo.

Go to the next tab.

The next one is the service sign, and your code does not allow service signs to be illuminated. However, this particular service sign is well back into above the service entrance doors under the porte cochere, so it's 17 feet behind the front of the building. And of course, the front of the building is 300 feet from Sample Road. They meaning the owners feel that this very minimally lit service sign will offset the shadow effect that the sign would be under the canopy, 17 feet back under the canopy. So, to direct way finding purposes as well as identifying where the doors are for surface, because it's going to be in the shadow of the portico share roof.

As was mentioned, the code maximizes the signed area at eight square feet. This is 10 square feet, and the only other deviation on this one is that the illumination is not generally permitted in the code, but through this deviation it would be allowed. You can see it's a very small sign. Any questions with regard to the service sign? Now generally, any one of the two signs. Have any questions come to your mind that I could help address?

I have questions for staff whenever we get to that.

Okay. All right, thank you, Min. Thank you. I'll now open the public hearing. Are there any members of the public who would like to speak on agenda item four or five? Seeing no one else in the room, does staff have any questions for the applicant? Not at this time. Okay, does the applicant have any questions for staff? Not at this time. All right, then the public hearing is closed. Do the board members have any questions?

I just had two quick questions for staff. So, the sign code is not about a physical sign necessarily. It can be about a logo, is what I'm gathering from this, because it sounds like the thing that the logo is going on is 12 feet tall. Well, the deviation requested is for the logo only. Yeah. The panel that's being attached to the wall isn't part of

the sign. It would be attached to the wall, excuse me, whether or not the sign was going to be installed there or not. It's part of the actual architectural treatments of the building. So, though the sign, I guess benefits, if you will, from the contrast between the color of the star and the wall panel, it is still part of the architecture versus part of the sign.

Okay, so maybe I missed. Is it attached to it or just in front of it?

The star is attached to that panel and that panel

is attached to the wall. Wow. Okay. Yeah. Does that make sense? I think so. And then, just regarding the service sign, is there anything about the illumination that would cause any kind of environmental impacts? Because I know we have the lighting ordinance for environmental purposes.

Right. There really shouldn't be any impacts to anything environmental because it is under the Porticochet, so it is covered by a roof. You wouldn't get any of that overhead sky glow or any lighting that would spill out to the other to outside parts or beyond the property lines because it is covered by a roof.

Okay. That's all I have. Thank you. You're welcome.

I guess I thought I didn't have a question, but is that sign the one, the service, the big sign, does it get turned off at some point? Or is it on twenty fourseven?

I'll let Mr. Brinchley answer that.

It'll be on during the day because of the shadow effect. And, in the evening, if you wish to set a time limit that it goes off at night, the developer would appreciate that.

And, I think that staff would look to have the sign turned off as well after hours. Yeah.

I mean, don't have a particular time to suggest. It's just at some point.

Well, it makes sense. If the service center is closed, the sign should be off.

I agree with that.

I just have a general question. The difference between a deviation and variance? I never saw a deviation before. What is that?

Well, land development code does have the ability to process variances. The difficulty with variances is that the laundry list associated with proving hardship, etcetera, was extensive. And we're much more geared towards land development and things that were unique to land perhaps. Whereas, we wrote the ability to have deviations or the ability to have a deviation from the sign code that still captured the intent of restricting number and restricting illumination and restricting size and clutter without creating such a hardship criteria for the deviation to be considered. For

my edification, are there other categories that are subject to deviation under the ordinance? Under the sign code? No, under Coconut Creek ordinances do we have other deviations as opposed to variances?

No, the deviations is limited only to signage.

Okay, thank you. You're welcome. Yes, that's it. Does does anyone, the applicant or staff have any closing remarks? Okay. Are there any comments or deliberations from the board on agenda item four, the signed deviation application for the proposed logo sign for Lincoln of Coconut Creek? Anything? If none, I'll take a motion on agenda item four, the logo sign deviation application for Lincoln of Coconut Creek.

So

moved. Second.

Madam Clerk.

Ms. Frye. Yes. Mr. Briggs.

Yes.

And Chair Light.

Yes. Are there any comments or deliberations from the board on agenda item number five, the signed deviation application for two deviations on the proposed service sign for Lincoln of Coconut Creek. If none, I'll take a motion on agenda item five, the service sign deviation application for Lincoln of Coconut Creek.

So moved. Second.

Ms. Fry? Yes. Mr. Brick?

Yes.

And Chair Light?

Yes.

Thank

you. You. Safe drive back to Claremont.

Are there any board members or staff of correspondence reports to share for the good of the board? If not

Just a quick reminder about the city commission meeting tomorrow. I don't know if Justin you wanted to add to it.

Yeah, we were discussing before the meeting the couple of updates on items that you've considered in the past. The Vinca Boulder overlay ordinance and the master plan adoption is on tomorrow night's agenda. There have been a number of significant changes to the overlay ordinance, mainly because of state law restrictions and preemptions in creating new more restrictive burdensome zoning rules at this time. That's temporary, thankfully. But we've had to make changes to that ordinance.

So that is on tomorrow night's agenda. I think the most important thing tomorrow night would be adoption of the master plan, will call for the equestrian neighborhood to be established and then some improvement projects for the neighborhood as well. So that's all as a package tomorrow night. The other item, of course, is Block 3, special land use for the drive thru facility that you've considered in the past as well. That's on tomorrow night.

Yes, there's a transportation related item. Although those particular types of agenda item, items don't come before this board, just so you know, the Broward County surtax organization in coordination with all of the municipalities of Broward County and the county itself have agreed to amend, do a third amendment to the interlocal agreement that dictates how all the surtax funding is divvied up among all of the cities and all the eligibility for types of transportation projects countywide. It's a very important amendment. Lots of, we think, good changes that they're making to the amendment, which will open up more opportunities for all cities in the county to apply for new grant funding to fund transportation programs. They're now going to be opening up opportunities to also fund micro transit services.

It's complicated and very, if you do this, then you can do that. But if you don't do this, then you can't do that type of stuff in the agreement. But the bottom line is there are new opportunities for funding. The city will be exploring those opportunities where in the past we did a transit master plan and that explored the idea of micro transit. So we'll be taking a second look at that again to see if there's funding opportunities there.

We'll also be looking at federal matching that the new surtax program will allow. Before, it did not provide any funds to match federal and state transportation grants. Now it does. So we'll be looking at areas where we can apply for new grants and new transportation projects. And then there's the annual allocation of grant funding that each city will now receive guaranteed in this new agreement. So there's a lot of interesting developments on that front. And in the future you'll probably hear more about our projects. But that's tomorrow night's agenda among many other agenda items. It's a busy night tomorrow night for the city commission.

Just a couple of questions. One, if the overlay ordinance is being substantially rewritten, does it have to come back here?

No, not necessarily. This is an advisory board, and so it's going straight to the city commission for first reading.

Okay. And secondly, is there anything left on Main Street that still has to be approved?

Oh, yes. So, there is Block 10, which will be a site plan approval coming. Liz is reviewing it right now. That's going to be a multifamily development with three eighty eight apartments. So if you, I'm not sure if all of you were on here before, but if you recall Block 4 was a multifamily apartment building and that was about 400 residential units.

This will be that is right across the street from the city's new village green, the parking garage and the civic node and town center area. So it'll be a very, it's a very strategically important project and that's going to be coming forward soon. And then we've got Hopefully Block 16. Block 16. Potentially another, a final development block.

Yes. I think they have some further design on that. And then I don't think it becomes before this board, but another very large component of Main Street is the development agreement and all the various sub agreements that are attached to that. The city attorney's offices and the city manager's office are leading their review and negotiations of all of that with the developer right now. So, don't think that comes before the planning and zoning board. But if it does, we will definitely let you know. But I think it goes straight to the city commission at that level. But stay tuned. It's going to go in August. So, there's two meetings in August.

Do you know if there's any progress on those traffic lights, which I keep thinking about because they're so critical to that project?

Yep, one of the infrastructure projects they will be addressing first when they start building Cullum Road and they start building out blocks one, two, three, and they start planning the infrastructure for further west into Main Street, they are going to need to address the warrant analysis that's required for Column and Lyons And 40th and they are aware of that and that is a priority of the city as well. We're actually already having discussions with the county on how to bring that up further than what we even agreed to in the previous development of regional impact. There was a period of time where they had to every so often do an analysis to determine if there was a warrant or not to put the signals in. We're even trying to do something even earlier than that. So, the idea, if everything works out, the best way to do it would be to build those signals as they build the development adjacent to it.

Unfortunately, it doesn't always work that way with Broward County. It's when it's warranted. But, there are exceptions to that rule, and that's what we're working on right now. Our transportation manager, Michael Rigetti, is doing that. So, stay tuned on that front.

Lastly, do we think we have a meeting for next month or not?

For August? We're working on two site plan applications right now. One is a little bit more ready than the other, I think. We don't know yet if that is something that will be coming before the board. We do have them in the queue. They're just in different levels of completeness for your consideration.

Thank

you. Just speaking also to the commission meeting tomorrow, saw that they're going to have the lighting plan for lions for viewing. For those of us that can't show up, will there be a way online to view that?

It should be, Mary Anne. I believe they have the details on the agenda portal right now.

Okay.

Yeah, I

didn't check that yet. Yes.

And, you can always send an email if you have any

comments. You.

You. Thanks everybody.

Move to adjourn. Second.