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Wawa Gas Station (MSPM 18-002/COUS 18-001) DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Wawa Gas Station (MSPM18-002 / COUS 18-001) APPLICANT: Bonnie Miskel, Esq., of Dunay, Miskel and Backman, LLP APPLICANT'S ADDRESS: 14 Southeast 4th Street, Suite 36, Boca Raton, Florida 33432 July DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: 46, 2018 APPROVAL SOUGHT: Conditional Use approval associated with a request for Major Site Plan Modification approval for the construction of a gas station to include a 6,119 square foot convenience store, a 7,830 square foot canopy over nine (9) pump stations, and related site improvements, located in a C-3 Community Commercial zoning district. LOCATION OF PROPERTY: 2505 W. Woolbright Road and adjacent property to the east 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 Applicant X HAS 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 X 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: 7/ Xcy/G: tZ City Clerk S:\Planning\SHARED\WP\PROJECTS\Wawa Gas Station\StaffReport\MSPM18-002_DO.doc Page 556 of 629 EXHIBIT D Conditions of Approval Project Name: Wawa Gas Station File number: MSPM 18-002 Reference: 3rd review plans identified as a Major Site Plan Modification with a April 24, 2018 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS I FORESTRY / UTILITIES Comments: None. All previous comments addressed at DART meeting. FIRE Comments: None. All previous comments addressed at DART meeting. POLICE Comments: None. All previous comments addressed at DART meeting. BUILDING DIVISION Comments: None. All previous comments addressed at DART meeting. PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: 1. It is the applicant's responsibility to ensure that the application X requests are publicly advertised in accordance with Ordinance 04- 007 and Ordinance 05-004 and an affidavit provided to the City Clerk. 2. The number of gas stations allowed at an intersection is limited to X two (2). If the proposed code revision is not approved, project approval would be conditioned upon the filing and approval of a variance request. 3. A minimum lot frontage of 225' is required along the two (2) arterial X rights-of-way. If the proposed code revision is not approved, project approval would be conditioned upon the filing and approval of a variance request. Page 553 of 629 Wawa Gas Station (MSPM 18-002) Conditions of Approval Page 2 of 3 DEPARTMENTS INCLUDE REJECT 4. Driveways shall be located a minimum distance of 30' from any X property line. Neither driveway proposed meets this code requirement. If the proposed code revision is not approved, project approval would be conditioned upon the filing and approval of a variance request. 5. Please provide a letter from LWDD allowing the landscaping X proposed on the outside of the buffer wall, within their easement. If approval is not provided the site plan will require to be amended to accommodate all buffer landscaping on your property. 6. Please depict the use of two (2) colorful shrub species planted X around the base of the monument signs. 7. Please place a note on Sheets Al through A4.1 stating that No store X fixtures or other equipment over 42" in height shall be placed in front of vision glass so as to obscure any view into, or out of, the building. 8. Downspouts are required to be encased within architectural features. X Please revise the drawings accordingly. 9. Any music or running ads streaming at the pump island canopy shall X be discontinued between the hours of 7PM and 7AM to prevent impacts on nearby neighborhoods. 10. Revise landscape drawings to ensure that small sodded areas are X omitted and replaced with ground cover plantings. 11. The swing gates for the new dumpster enclosure location will X encroach into the drive aisle when in an open position. Please correct. 12. Sheet TM-1, Tree Mitigation, has a note indicating payment into the X "City's Tree Fund", rather than mitigating those removed. The City no longer recognizes a tree fund. Therefore, please replace any material proposed to be removed with new/different material, or relocate more of the existing material proposed to be removed. Staff may permit some understory and accent plantings to account for some of the mitigated materials. 13. Please replace Sheets C-13 and C-14, as the reproduction of those X sheets are blurred/smudged. 14. Sign bands are limited to 80% coverage and may not encroach on X and architectural elements. 15. Canopy /under canopy signage is in excess of what is permitted. X Staff recommends omitting the canopy sign (once sign is Page 554 of 629 Wawa Gas Station (MSPM 18-002) Conditions of Approval Page 3 of 3 DEPARTMENTS INCLUDE REJECT redesigned/sized to meet code it will not be legible) and keeping the under canopy signs. 16. Move the site address to be centered at the top of the monument X signs. 17. Additional needed comments regarding proposed signage will be X rendered at time of permitting. COMMUNITY REDEVELOPMENT AGENCY Comments: Not applicable. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 18. Provide an additional handicap parking space on both the east and X west side of the building. CITY COMMISSION CONDITIONS Comments: To be determined. 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ILOAI ° 0 17.44=4".17t.orX.' ..r.r GEND LE ":::"`" WAWA PLANTER'S'ENLARGEMENT WAWA PLANTER V ENLARGEMENT 0 WAWA PLANTER VF 'RE'ENLARGEMENT LANDSCAPE PLAN LP-1.01 L.1..1 _ ( ), Page 545 of 629 i .ons PI iin _ 0/.40 It..1.111.‘1•••••1 r••.,.osoal.aa..own 1. u• ii'i s _... - �� •romrwww..c.wan wn.Ttwo'NE ,...T•M»s ji al — rflra•OJAI SLACK Dr•AM all 10111[1.•11n 6�i .:-.. _v ._._ ' : • ..._.-' ae, •• ..r/1141, •I•141.ewaalcm.wuu wwT.Tx ne•.we nal s 8i i f • 1l�Ci�IMIIIII M- _ I. 7'11 ,Mi� 0 11'," It FA.E EVA/pN Li o IgZ NOTE,ALL SIGNAGE WILL BE ( S i PERMITTED SEPARATELY. 11 • •' _ 1 o..,. ^si ti .Ifw..7nusa-uino.ww/ao./ It -. __.__....�— ^"p/S _.. 1...... .... ..... .. is T.2•-L`•f¢/-- W f .._—. _.�' _ ISMS Si-� .+.Y-SMs.v+.wnr L' sly_ ( ��> _ ,. - aawwna C art .---- I _ .—.,,--..-.........,.. / .'"..� ..�.^ _• A. .m - _ -T. .- CO }11 0l/fi ELEVATgN � _ thl J .�_'li1 • ..„:LT-— ... ... ii L'r. .,.. / _w X =ar I i w r -k - � .— K.....A4.1) Page 546 of 629 Exhibit B 9. , Qq V4p o � d. (1a Y �e ; 1 yC m I11ii ESifi6. e is 1 �' ri 1 P •8 8 i�i�aill) 1 5' Me a , a !. 'e- i. • !�t I __ 1(r lPl 'IIII � '0.0 ,�I0 II j ap, 0 '8 ,fit I l Ei t si —,1 . i o /; , 4 j di 7 ! 4. r r i r r r C '� - ' - � Liam I iiikrar,a1ii;I&I is *+ 1 r al y i - 1111 m 4 a a CO 1 ! i i 10 4. e i r r CSS it E, I 7-1 p I. a'I v E 1$S O �� A A A i Ri S I 5a5.. M y zu I A nnfj ` 4444 C 1 I: 11 s, ,N 1, i f a i ; 1 ii! g11 * € 'e F r * i 1 R ; i 4 1tiii . -� wnxa,nrtormrreAD'49�1r1741 WAwA / srone� 4i1 in�FFw��ee��n. s T 3 4 dYMW rl/'JIB r1 .vr.- .wroess rw ° aL���_ i1!)I�sl nel .••, EXTERIOR ELEVATIONS ,�m.l. na,.rmn•n.awnln.0 DUNAY Exhibit C -000 = .--•' M 15 K E L Gary Dunay Hope Calhoun Christina Bilenki Rr Bonnie Misket Dwayne Dickerson Heather Jo Allen B A C K M A N i.t Scott Backman Eta Zachariades Andrea Keiser Wawa Northeast Corner of Woolbright Road and Congress Avenue Conditional Use Justification Narrative Brightwork Acquisitions, LLC ("Applicant") is the contract purchaser of the +/- 2.14 acre parcel, generally located on the northeast corner of Woolbright Road and Congress Avenue ("Property") within the City of Boynton Beach, Palm Beach County, Florida ("City"). The Property is comprised of two parcels,whose Parcel Control Numbers are 08-43-45-32-00-000-3080 and 08- 43-45-32-00-000-3050. The Property is designated as Office Commercial ("OC") on the City's Future Land Use Map and is zoned Office Professional ("C-1"). Currently, the interior parcel is vacant. The parcel located on the hard corner of Woolbright Road and Congress Avenue is developed with a PNC Bank, which has been closed and consolidated with another branch located approximately one and a half miles north on Congress Avenue. ete G h � ° ,.,a.. xw�ypIIM" .�� 1 i , -SN,'13tnlat ' ' r . -1 11 - .a sw e ii. SW uw Ave - r ' JE7 c i 1 iI IN lk .. , u� �- ,w c.Y 't t e ' -- .. 'A -42..t...--.- y ,': .c`-s ` ' I � . ir :Pi fill' '-- ' IT. ' ' ,---- "" - ' ::','-..".,.. - - f . ,. 4 .I...4,' loop'- 4• r _ - -�+^ `.f _:m..-._ i _. �. ' 7771. ,.....ate« . _. W Vi _ 2..N.,.no'.D•f4$,I Fri -._.. ...-.�°..a, .. I A ,.., iti . . 1 t 1 _ i4 S.E.4th Street,Suite 36,Boca Raton,FL 33432 Tet:15611405-3300 Fax:15611409-2341 www,dr Page 548 of 629 The Applicant proposes to redevelop the Property with a vibrant+/-6,119 square foot Wawa ("Project"). In order to develop the Project,Applicant has requested a future land use map ("FLUM") amendment, rezoning,site plan approval,and a variance.Additionally,Applicant is also required to obtain conditional use approval for the gas station use because it is located less than two hundred (200) feet from the boundary of a residential zoning district (Chapter 3, Article IV, Section 3, Subsection D.46.a.11). Standards for Evaluating Conditional Uses Chapter 3,Article IV,Section 4 of the City's Land Development Regulations ("LDR") provides the standards used for evaluating conditional uses. Applicant will demonstrate below that the Project is consistent with the following standards: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe; The Project provides ingress and egress on both the Urban Principal Arterial Road (Congress Avenue) and the Urban Minor Arterial Road (Woolbright Road) as well as cross access with the adjacent property to the east. The Project also provides two-way vehicular use areas throughout the site,which maximize the efficiency of traffic flow. The multiple access points combined with a variety of drive aisles throughout the site provide sufficient access in case of fire or catastrophe. Landscaped islands provide automobile safety in the parking lot. Bollards and crosswalks provide pedestrian safety around the perimeter of the building. Furthermore, the Project is subject to review and approvals from Palm Beach County with regard to traffic. 2. Off-street parking and loading areas where required, with particular attention to the items in subsection C.1. above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole; The Project provides more than adequate parking on the Property. As such, sufficient parking on the Property creates little to no impact on adjacent and nearby properties. Additionally, the parking contains automobile and pedestrian safety features, such as landscaped islands and bollards. Because the Property is located on the hard corner of a major intersection, parking and loading has no impact to properties located to the west and south. The Project also has little to no impact on the adjacent property to the east,which is also comprised of a drive aisle and a parking lot for commercial retail strip uses. Finally,the Project is sensitive to the neighboring property to the north, which is a residential neighborhood. To mitigate any parking or loading impacts to the residents to the north, the Project provides a twelve (12) foot landscaped buffer, a six (6) foot wall, and an additional fifteen (15) foot setback adjacent to the existing canal. 3. Refuse and service areas, with particular reference to the items in subsection C.1. and C.2. above; 2 Page 549 of 629 Adequate refuse areas have been provided with sufficient access to the refuse areas for service. The refuse area is screened by both the six (6) foot wall and twelve (12) foot landscaping just south of the existing canal, which provides adequate protection for the neighboring residents to the north. The location of the refuse area for the adjacent property to the east is a mirror image; thus, the Project's cross access provides an efficient service area. 4, Utilities, with reference to locations, availability, and compatibility; The Project will be subject to concurrency review and will not have any impacts different from neighboring properties to the availability of public services or infrastructure. 5. Screening,buffering and landscaping with reference to type,dimensions,and character; As mentioned above, the Project provides a fifteen (15) foot setback, a twelve (12) foot landscaped buffer, and a six (6) foot wall just south of the existing canal. A five (5) foot landscaped buffer is proposed to the east, and ten (10) foot landscaped buffers to the west and south. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties; The Project's signs and proposed exterior lighting do not produce any glare that is detrimental to traffic safety or economic effects. Well planned lighting can help prevent accidents, deter crime, and maintain an attractive community environment.1 Specifically, parking lots should be designed to provide the lighting necessary to facilitate the safe movement of pedestrians and vehicles within parking areas and prevent vandalism, auto theft, and personal crime.2 This is especially important for gas station parking lots due to the high traffic of pedestrians and vehicles, and where the safety of the City's residents take precedence. The Project's exterior lighting has been well planned and utilizes today's technology,which can control glare and spillage with LEDs and shields. 7. Required setbacks and other open spaces; The Project exceeds all of the minimum setback and open space requirements. 8. General compatibility with adjacent properties, and other property in the zoning district; The Project is more compatible with adjacent properties and other property in the zoning district. Applicant's Property is only one of four commercial properties remaining with an OC future land use designation that fronts Congress Avenue. By expanding the use options to a threshold similar to other properties along Congress Avenue, the Applicant is able to https://www.village.germantown.wi.us/DocumentCenter/View/44 2 https://www.village.germantown.wi.us/DocumentCenter/View/44 3 Page 550 of 629 propose a use that will serve the continuously expanding residential population along the Congress Avenue Corridor. Furthermore, City staff has indicated that market trends demonstrate more support for retail than for office development in the City according to the 1st quarter report by Cushman and Fields. Similarly, there is a need to rezone the Property to C3. When evaluating the zoning map holistically,a majority of the commercial properties fronting Congress Avenue are zoned C3 on the City's official zoning map. Applicant's Property is only one of three properties remaining that are zoned Cl fronting Congress Avenue. Thus, the Project minimizes land use conflicts and maintains the character of this major thoroughfare (FLUE Goal 1). Furthermore, the Project reduces uses that are inconsistent with the character of Congress Avenue by eliminating these future land use designations and zoning districts that are no longer consistent within the development pattern on Congress Avenue. 9. Height of buildings and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole; The proposed building does not exceed the maximum height requirements and is comparable or less than adjacent and nearby properties. 10.Economic effects on adjacent and nearby properties, and the city as a whole; The Project will produce beneficial economic effects on adjacent and nearby properties as well as the City as a whole. Restaurants,convenience stores,fuel,and ATM's are some of the most complimentary uses to surrounding businesses and residential neighborhoods. It is a local convenience as intended by LRC future land use designation. Coffee, breakfast, lunch, and snacks are staples for neighborhood businesses and residents. Additionally, it provides commercial retail services, which support the resident and visitor populations as well as creating employment opportunities for the adjacent residential communities (FLUE Policy 1.3.1.b). Property values of adjacent and nearby properties would increase because the proposed Project provides a staple retail service demanded daily by neighboring residents and businesses. 11. Where applicable, the proposed use furthers the purpose and intent of a corresponding mixed use zoning district or redevelopment plan; A mixed use zoning district or redevelopment plan is inapplicable to this Project. 12.Compliance with and abatement of nuisances and hazards in accordance with the operational performance standards as indicated in Chapter 3, Article IV, Section 1 and the Noise Control Ordinance,and City Code of Ordinances Part IL Chapter 15,Section 15- 8•and The proposed use is compliant with the operational performance standards listed in LDR Chapter 3,Article IV, Section 1. The proposed use does not produce nuisances and hazards in the form of noise, vibrations, particular matter, odor, toxic matter, fire, explosions, heat, humidity, glare, waste, or electromagnetic interference. The fueling stations are subject to 4 Page 551 of 629 federal and state safety standards,which provide protections from the nuisances and hazards of fuel. All restaurant and convenience store activity takes place entirely within the fully enclosed building and no chimneys are needed,which can create noxious fumes. 13.Required sound study and analysis.All conditional use applications for bars, nightclubs and similar establishments shall include the following analysis performed by a certified acoustic engineer: a. Data on the sound emitting devices/equipment and the methods and materials to be used to assure that the acoustic level of the City Code will be met;b. The analysis shall specify the authority and/or basis for determination of the acoustic level of the sound emitting devices/equipment; c. The analysis of any sound retention, reduction or reflection shall include information such as the nature, types and coefficients of sound absorbent and sound-reflecting materials to be used, coatings of the surfaces of ceilings, walls, windows, and floors and insulation to be used; and/or d. It shall also verify that sound standards shall be met during the normal opening of doors for people entering and exiting the establishment. This standard is inapplicable to this Project because there are no proposed uses for bars, nightclubs, and similar establishments. 5 Page 552 of 629