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Aldi Grocery (ZNCV 17-001) 9e. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Aldi Grocery (ZNCV 17-001) APPLICANT: Bonnie Miskel, Esq. of Dunay, Miskel & Backman, LLP APPLICANT'S ADDRESS: 14 SE 4th Street, Suite 36, Boca Raton, FL 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 5, 2017 APPROVAL SOUGHT: Relief from the City of Boynton Beach Land Development Regulations, Chapter 3, Article III. Section 3.C.3., Community Commercial (C-3) Building/Site Regulations, requiring a minimum rear setback of 20 feet, to allow a rear setback of 14 feet, a variance of 6 feet. LOCATION OF PROPERTY: 3452 W. Boynton Beach Boulevard DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applica91- i-7HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby / GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: �dLl / )7ACity Clerk S:\Planning\SHARED\WP\PROJECTS\Aldi Grocery\ZNCV 17-001\DO.doc EXHIBIT "D" CONDITIONS OF APPROVAL Project Name: Aldi Grocery File number: ZNCV 17-001 Reference: 4th review plans identified as a New Site Plan with a October 10, 2017 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: None. FIRE Comments: None. POLICE Comments: None. BUILDING DIVISION Comments: None. PARKS AND RECREATION Comments: None. PLANNING AND ZONING Comments: 1. Approval is subject to approval of the concurrent applications for Land Use & Rezoning, Major Site Plan Modification and Community Design X Appeals. COMMUNITY REDEVELOPMENT AGENCY Comments: N/A. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. Aldi Grocery (ZNCV 17-001) Conditions of Approval Page 2 of 2 DEPARTMENTS INCLUDE REJECT CITY COMMISSION CONDITIONS Comments: To be determined. 1-Le... it S:\Planning\SHARED\WP\PROJECTS\Aldi Grocery\ZNCV 17-001\COA post P&D.d c DUNAY =�--' MISKEL Gary Dunay Hope Calhoun Christina Bitenki B AC K M A N ��p Bonnie M+sl:el Dwayne Dickerson Heather Jo Alien Scott Beckman Ete Zachariades Andrea Keiser Aldi 3452 W. Boynton Beach Boulevard Southeast Corner of W. Boynton Beach Boulevard and Knuth Road Aldi, Inc. ("Petitioner") is the contract purchaser of the +/- 2.04 acre parcel, whose Parcel Control Number is 08-43-45-30-01-008-0031 and generally located on the southeast corner of West Boynton Beach Boulevard and Knuth Road ("Property") within the City of Boynton Beach, Palm Beach County,Florida ("City"). The Property is designated as Office Commercial ("OC") on the City's Future Land Use Map and is zoned Office Professional ("C-1"). Currently,the Property is developed with a rundown,one-story office building over thirty(30)years old and is in need of redevelopment. The Petitioner proposes to redevelop the Property with a +/- 18,848 square foot ALDI specialty grocery store ("Project"). In order to develop the Project, Petitioner is requesting a future land use map("FLUM")amendment,rezoning,site plan approval,and a variance for the rear(south)setback. Variance Justification ALDI, one of America's favorite grocers, is an international brand that first opened in 1961 Germany. It operates more than 1,600 stores in thirty-five (35) states and desires to bring a +/- 18,848 square foot specialty grocery store to the City. They take a simple, cost-effective approach to grocery shopping that saves shoppers on their grocery bills. In fact, smart shoppers have found that switching from national brands to ALDI exclusive brands can save them up to fifty percent (50%). According to Market Force Information,ALDI is a value leader among grocery stores in the United States for the sixth year in a row.1 Over ninety percent (90%) of retail products sold are ALDI specific brands and are sold only as weekly must-haves.• In 2014, ALDI was recognized as Retailer of the Year for their private brand development by Store Brands Magazine2. Monthly,more than forty (40) million customers benefit from their streamlined approach to bring shoppers the highest quality products at the lowest possible prices because ALDI products are specially curated by ALDI. ALDI partners with local farmers when possible and is gluten and organic conscious. In 2012,ALDI was recognized in Supermarket News for its efforts in promoting healthy diet.3 In order to bring City residents specialty products with savings, Petitioner respectfully requests a variance for the rear (south) setback, which is a deviation from a quantifiable standard or measure as is applicable to variances according to the City's Land Development Regulations ("LDR") Chapter 2, Article II, Section 4.D.1.b. Currently, LDR Chapter 3, Article III, Section 3.C.3 requires a rear yard setback to be a minimum of twenty (20) feet. Petitioner is proposing a 31.65 foot rear (south) setback on approximately seventy percent (70%) of the building and a 14.81 foot rear (south) 1 https://corporate.aldi.us/en/newsroom/awards/market-force/ 2 https://corporate.aldi.us/en/newsroom/awards/store-brands-magazine-2014-retailer-of-the-year/ 3 https://corporate.aldi.us/en/newsroom/awards/supermarket-news/ 14 S.E.4th Street,Suite 36, Boca Raton, FL 33432 Tel:(5611 405-3300 Fax:(561)409-2341 www.dmbblaw.corn setback on approximately thirty percent(30%) of the building. As such,the scope of this requested variance is limited to the 14.81 foot rear (south) setback on approximately thirty percent(30%) of the southeast corner of the building. LDR Chapter 2, Article II, Section 4.D provides the review criteria used for evaluating variance requests. Petitioner will demonstrate below that the requested variance is consistent with the following review criteria as follows: a. That special conditions and circumstances exist which are peculiar to the land,structure or building involved,and which are not applicable to other lands,structures or buildings in the same zoning district; There are special conditions and circumstances peculiar to the land,which are not applicable to other lands. The Property's existing shape is long and narrow. The length of the Property at 380.80 feet is forty percent (40%) larger than its width at 234.92 feet. Moreover, the Property is a located at the corner of a major intersection, and thus, visible from two right- of-ways (W. Boynton Beach Boulevard and Knuth Road). In order to meet the parking, circulation, landscaping and buffer requirements of the City's LDR, a proposed building is predominantly setback to the maximum extent practicable at 31.65 feet on the southeastern portion of the Property. In consideration of the residential community adjacent to the east of the Property, the Applicant added a small appendage for loading ("Loading Dock") to the southeastern portion of the building in order to screen loading trucks from any views by impacted residents. Additionally,the grade of the loading zone is slightly lower to screen the loading truck from the property to the south. With a majority of the building set back at 31.65 feet and only thirty(30) feet of building set back at 14.81 feet,the Applicant is able to provide the required five(5) feet of foundation planting around the building and visible from both right-of-ways; the required twenty-five (25) foot drive aisles for proper circulation;the required ten (10) foot buffers on the north and west side of the Property and the required thirty(30) foot buffer on the east side of the Property; and the minimum number of parking spaces required for the Project. This proposed layout is most reasonable and practical considering the special conditions and circumstances discussed above. b. That special conditions and circumstances do not result from the actions of the applicant for the variance; The special conditions and circumstances do not result from the actions of the Applicant. They result from the natural and existing conditions of the Property. The shape of the Property and the existence of the adjacent eastern residential community does not result from the actions of the Applicant. Moreover, the City's LDR requirements necessitate the proposed layout. 2 c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this section to other lands,structures or buildings in the same zoning district; Granting the variance requested will not confer on the Applicant any special privilege that is denied by this section to other lands,structure or buildings in the same zoning district. Any other property is entitled to request the same variance if special conditions and circumstances exist on their property. d. That literal interpretations of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant; A literal interpretation of the provisions of LDR Chapter 3, Article III, Section 3.C.3 would deprive the Applicant of rights commonly enjoyed by other properties in the same zoning district and would inflict unnecessary and undue hardship on the Applicant. Currently,the Property is developed with a rundown, one-story office building over thirty (30) years old and is greatly in need of redevelopment. The Applicant desires to bring an international and award winning specialty grocery store to serve the diverse residents of the surrounding communities and the City. The proposed use is more consistent with the land use and zoning patterns in this area. A literal interpretation of LDR Chapter 3,Article III,Section 3.C.3 for a mere thirty(30) feet of the requested variance would deprive the community and the City of a greater benefit,deprive the Applicant of rights commonly enjoyed by other properties who are also entitled to request similar variances from the City, and inflict unnecessary and undue hardship on the viability and potential of Applicant's Property. e. That the variance granted is the minimum variance that will make possible reasonable use of the land,structure or building;and The requested variance is the minimum variance necessary to make possible reasonable use of the land, structure or building. The proposed rear (south) setback is approximately seventy percent (70%) compliant with requirements of LDR Chapter 3, Article III, Section 3.C.3. Applicant is requesting a minimum variance of only thirty (30) feet for the benefit of screening the adjacent, eastern residential community and for the benefit of bringing the Project into compliance with all other provisions required under the City's LDR, such as landscaping,buffering, circulation, and parking. f That the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or be otherwise detrimental to the public welfare. Granting the variance will be in harmony with the general intent and purpose of this chapter. The purpose and intent of LDR Chapter 2,Article II,Section 4 is to provide an efficient relief process to allow for reductions in the minimum yard setbacks that would have negligible impacts upon the subject site and surrounding properties and represent compliance with 3 the general intent of the City's zoning regulations. The requested variance meets the general intent of LDR Chapter 3,Article III, Section 3.C.3 by complying with almost seventy percent (70%) of the minimum rear setback requirement. The requested variance for a mere thirty (30) feet is negligible as compared to the benefits of the subject site as a whole and surrounding properties. Furthermore, the requested variance is aligned with the City's Comprehensive Plan policies. Policy 1.17.3 states that the City shall improve approval processes and remove unnecessary hurdles hindering industrial and commercial uses that create jobs, contribute to the tax base, and accommodate market trends. Granting the requested variance is consistent with this policy because granting a minor setback variance will allow the Project to create jobs and contribute to the City's tax base while providing a specialty product and service that is currently a popular market trend. 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