The Loxahatchee Groves Town Council approved two variance requests Tuesday, Oct. 18 for tenants at the new Loxahatchee Groves Commons shopping center that failed to get approval at a previous meeting when Mayor Dave Browning was absent.
At the Sept. 8 council meeting, a request for a medical office approval ended in a 2-1 vote where three affirmative votes were required. Councilman Todd McLendon opposed the idea and Vice Mayor Tom Goltzené had recused himself due to business conflicts. The applicant subsequently postponed a request for a variance for a drive-through sign at a Dunkin’ Donuts.
Atlantic Land Investments representatives were at the dais again to present requests for a variance to allow an urgent care medical center instead of a restaurant at the plaza, and a larger sign at Dunkin’ Donuts than is allowed by the town’s code. The quasi-judicial hearing required three affirmative votes for approval.
Attorney Thomas Mullin, representing Atlantic Land Investments, said the medical office approval was a use that is permitted by the code and that approval is required if it meets substantive requirements.
“All we’re proposing to do is add ‘medical use’ as a proposed use for a building that was previously approved for retail and restaurant,” Mullin said, explaining that under the town’s code, medical office and laboratory are permitted uses. “Because it’s consistent with zoning, it’s consistent with the land use and consistent with the comprehensive plan.”
Mullin added that their traffic engineer was available to attest that the medical use would put less traffic in the area than a restaurant, and that the town’s planning staff had recommended approval of the variance.
Joe Lelonek with Atlantic Land Investments said they have a signed lease with an urgent care franchisee that is ready to start the business as soon as possible.
“This administrative [process] is the one thing standing in their way of getting open for business here,” Lelonek said. “I have a signed lease here — somebody who wants get into town and do business in the Town of Loxahatchee Groves.”
The storefront is in a front building that will be shared with Dunkin’ Donuts, and they found that an urgent care medical center was in more demand.
Councilmen Ryan Liang and Ron Jarriel supported the variance, but McLendon questioned whether the traffic study distinguished between a fast food or a traditional sit-down restaurant, as well as the hours of operation.
Lelonek said that in their study, they assumed scenarios that would generate the most traffic.
“Medical office is one that we didn’t expect, but it is a great use, so it fits under that umbrella, and it’s a permitted use,” he said.
Browning said he agreed with some of McLendon’s comments, but felt that they should give the applicant some leeway.
“This is our first commercial approval,” Browning said. “At the same time, it is an allowed usage. I don’t see the impact with the usage.”
Jarriel made a motion to approve the variance, which carried 3-1. Goltzené again recused himself.
The council also approved the variance for a Dunkin’ Donuts drive-through sign of 19.4 square feet, although the code allows only a 12-square-foot sign.
Lelonek said the goal was to get a sign that would be readable in order to reduce traffic stacking due to customers who could not read the print on a 12-square-foot sign.
“None of us want stacking into the main aisles,” he said. “We don’t want people slowed down.”
He added that the sign would be to the back of the building and not visible to people not waiting in line.
The original request was for 45 square feet. Town staff asked them to reduce it to 24 square feet, and the applicant reduced it to 19.4 square feet.
McLendon opposed the variance, saying that the applicant was aware of the code when it applied for approval, but Liang said that 12 square feet was a number that had been selected randomly by the writers of the code without any research.
Lelonek pointed out that no one has tried to implement that portion of the code before, agreeing with council members’ comments that there are parts that probably should be reviewed. “I agree there are things that use us as the guinea pig, but I have a tenant waiting to open,” he said. “It’s an unfair onus to place on a potential tenant. I know a lot of people who aren’t happy, but I’m trying to put good, legitimate clients in there.”
Liang made a motion to approve the variance for up to 19.4 square feet, which carried 3-1, with McLendon opposed and Goltzené recusing himself.
