AGENDA DOCUMENTS
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission
Meetinll Dates
o November 17, 1998
o December 1.1998
~ December 15,1998
o January 5, 1999
Date FinaJ Form Must be Turned
in to City Cle.k's Office
Nuvember 6, 1998 (noon)
November 20. 1998 (noon)
December 4, 1998 (noon)
Requested City Commission
Meetine Dates
o January 19, 1999
o February 2, 1999
o February 16, 1999
o March 2, 1999
Date Final Form Must be Turned
in to City Clerk's Office
January 8, 1999 (noon)
January 22, 1999 (noon)
February 5, 1999 (noon)
December 18, 1998 (noon)
February 19, 1999 (noon)
NATURE OF
AGENDA ITEM
o Administrative
181 Consent Agenda
o Public Hearing
o Bids
o Announcement
o Development Plans
o New Business
o Legal
o Unfmished Business
o Presentation
RECOMMENDATION:
Please place the request below on the December IS, 1998 City Commission agenda under Consent - Ratification of Planning
and Development Board Action, The Planning and Development Board with a 5-1 vote, recommended approval with no
additional comments to staff comments, For further details pertaining to the request, see attached Department of
Development Memorandum No. PZ 98-325,
EXPLANATION:
PROJECT NAME:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Steak 'n Shake
James Hariow
Florida Engineering and Environmental Services, Inc,
Steak 'n Shake
Southwest comer of Old Boynton Road and Winchester Park Boulevard
Request for a variance from the City of Boynton Beach Land Development Regulations,
Chapter 23 - Section 7.H,3 to allow for a reduction of 89 feet from the required 180 feet
minimum distance between a driveway on Winchester Park Boulevard and the intersection
with Old Boynton Road, and a reduction of 58 feet from the required 180 feet minimum
distance between a driveway on Old Boynton Road from the intersection with Winchester
Park Boulevard driveway,
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
c1il-&~(U'~rfa1,!ftj
Department of Dev opment Director's Signature
City Manager's Signature
'-:/1., ~ /~
I ~ <.. -' '
Acting Manager of PI g and Zoning
City Attomey I Finance I Human Resources
1:\SHRDATA\PLANNtNO\SHAltEO\WP\PllOJECTS\STEAK N SHAKE\PKLVVo.CENDA ITEM 1t.EQUEST 12-1 S-91 DOC
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 98-325
STAFF REPORT for
PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION
INT:lODUCTJON
Meeting Date: December 8, 1998
FileNo:
PKL V 98-006
Location:
Southwest comer Old Boynton Rd, and Winchester Park Blvd, (see Exhibit "A" - Location Map)
Applicant:
Steak 'n Shake
2720 North Summerdale Drive
Clearwater, FL 33761
Agent: James Harlow
Florida Engineering & r wironmental Services
4519 George Road, Suite 130
Tampa, FL 33634
Zoning:
C-3 (Conununity Conunercial)
Project Name: Steak 'n Shake (see Exhibit "B" - site plan),
Adjacent zoning districts and land uses:
North -
South -
East
Old Boymon Road and farther north the Boynton Beach Mall.
Vaeant land zoned Agriculture and classified Local Retail Conunercial.
Winchester Park Boulevard and farther east Boynton Conunons shopping
center, zoned PCD,
Vaeant land zoned Agriculture and classified Local Retail Conunercial.
West
Variance
Requests:
Request for variance from the City of Boynton Beach Land Development Regulations, Chapter
23 - Parking Lots. Anicle n. Section H.3, to allow a 58 foot reduction from the required
minimum driveway distance from an intersection of 180 feet to 122 feet (Old Boynton Road
entrance); and
Request for variance from City of Boynton Beach Land Development Regulations, Chapter 23 -
Parking Lots. Anicle n. Section H.3. to allow an 89 foot reduction from the required minimum
driveway distance from an intersection of 180 feet to 91 feet (northern driveway on Winchester
Park Boulevard).
BACKGROUND
Steak 'n Shake is currently preparing a new site plan for this comer parcel at Old Boynton Road and Winchester
Park Boulevard. As part of the application process they are required to seek relief for the proposed driveways
due to 1) the depth of the propeny being less than 180 feet; and 2) proposed site design includes two driveways
on Winchester Park Boulevard. one of which cannot be placed the minimum 180 feet from the intersection (see
Exhibit "B" - Proposed Site Plan).
ANALYSIS
The City of Boynton Beach Land Development Regulations, Chapter 23 - Parking Lots. Article n. Section
I1.H,3 states as follows:
"Distance from streets. Parldng lot driveways shall be constructed at least thirty (30) feet from the
/
Page 2
Memorandum No. PZ 98-325
Steak 'n Shake -staff report
intersection of the right-of-way lines along local streets and one-hundred eighty feet along streets of a
higher classification, .
With existing frontage of 167 feet on Old Boynton Road, Steak 'n Shake seeks to place a driveway on Old Boynton
Road at the northwestemmost location on the site, which is approximately 122 feet west of the intersection with
Winchester Park Boulevard, As the Land Development Regulations require 180 feet, this would be S8 feet shon
of the requirement.
The second proposed non-compliant driveway is to be placed on Winchester Park Boulevard approximately 91 feet
south of the intersection with Old Boynton Road, or 89 feet shon of the lSU feet separation requirement.
In reviewing the above requests, staff reviewed several criteria for justifications for allowing variances at the
proposed locations, This analysis focused on three primary issues:
I) Traditional hardship criteria and lot configuration relative to the 180 feet distance requirement;
2) Alternative actions to avoid the necessity for a variance; and
3) Traffic circulation and safety,
I) Hardship criteria
The code states that zoning code variances cannot be approved unless the board finds the following:
a, Thi1J special conditions and circumsronces 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,
b, That the special conditions and circumstances do not resuitfrom the actions of the applicant,
c, That granting the variance requested will not confer on the applicant any special privilege that is denied Uy
this ordi1Ulllce to other lands, buildings, or strUctures in the same zoning district.
d. Thi1J literal interpretation of the provisions of this ordinonce would deprive the applicant of rights commonly
enjoyed Uy other propenies in the same zoning district under the terms of the ordinance and would work
unnecessary and undue hmdship on the applicant.
e, That the variance granted is the minimum variance that will make possible the reasonable use of the land,
building, or structure.
f Thi1J the grant of the variance will be in harmorry with the general intent and purpose of this chapter
[ordi1Ulllce] and that such variance will not be injurious to the area involved or otherwise detrimental to the
public welfare,
With respect to this criteria. lot depth creates the natural hardship, as the lot is less than ISO feet deep, This situation
involving a small corner parcel is common and frequently the subject of similar variances granted by the city,
With respect to the second variance, if this driveway is considered expendable, given the existence of the third, it
would appear that the hardship has been self-created, However, by vinue of the use being a restaurant, and one
d
,
Page 3
Memorandum No. PZ 98-325
Steak 'n Shake -staff report
which includes drive-through service, it is the opinion of staff that the petitiont;r has minimized the potential for
internal traffic conflicts through one-way segments and separating traffic by single direction and limiting each of the
two east-side driveways to one-way movement. This requires two driveways on the east side, one of which cannot
be placed the minimwn 180 feet from the intersection, In evaluating this request, staff also considered external
traffic impacts under alternative scenarios, For example, if the southern driveway remained exit only, and the
nonhern non-compliant driveway eliminated, traffic hazards would be initiated by both encouraging u-turn
movements to enter the site, or by requiring westbound traffic to traverse the three eastbound lanes on Old Boynton
Road in close proximity to an lighted intersection, Internal circulation conflicts would be created by opening the
southern driveway to two-way traffic. Internal traffic congestion could result in external traffic congestion if traffic
became backed-up, With the nonhern driveway limited to ingress traffic, and with the movement options available
to the entering vehicle. as well as the right-of-way given to ingress movement, a back-up situation is less likely and
should be brief. In reviewing the hardship criteria, staff has accounted for lot dimensions, lot configuration, typical
impacts and characteristics of the proposed use, and logical internal and external traffic circulation and patterns,
2) Alternative actioDS available to avoid the necessity for a variance
Land assemblage to expand lot area is not feasible as adjll!:Cnt propenies are either occupied by the gas transmission
facility or unavailable and reserved for future development, By virtue of this property being developed prior to the
remainder of the adjacent land. it is not benefited by common or to be shared access resources. Otherwise,
intema1ly-shared traffic resources could lessen direct traffic impacts felt by this single use, Alternative site designs
have been considered yet involved greater internal traffic congestion (e,g, intersections with multiple direction traffic
caused by the combination of entering traffic and drive-through traffic mixed with general traffic circulation,
3) Trame safety
This proposal has been reviewed by the city's Engineer, who has projects marginal impact if these variances are
granted, This opinion is based, in part, on the existence of an adjacent median on Winchester Park Boulevard that
would delineate the flow of traffic, the limitation to right-turn only for traffic exiting onto Old Boynton Road, the
ease in which traffic should access the site from the nonhern driveway, and the origins of southbound traffic on
Winchester Park Boulevard which will include slower and lower volume traffic, Both driveways on Winchester Park
Boulevard will be limited to right-in-right-out ooly. Lastly, the circulation on this site will be benefited by the
ultimate development of the remainder of this land, through internal access to be reserved at the southeast comer
of the site; however, the timing for future development activity on this adjacent land is unknown,
RECOMMENDATION
Staff recommends that the request for variances from the City of Boynton Beach Lo.nd Development Regulations,
Chapter 23 - Parking Lots. Anicle n. Section H,3, to allow I) a 58 foot reduction from the required 180 feet
minimwn driveway distance from an intersection to 122 feet (Old Boynton Road entrance); and to allow an 89
foot reduction from the required ISO feet minimwn driveway distance from an intersection to 91 feet (nonhern
driveway on Winchester Park Boulevard). This recommendation is based, in part, on satisfaction with the
traditional hardship criteria when considered along with the demands and perfonnances of the proposed use, lot
size and configuration, and circulation characteristics of the area and site design. There are currently no
conditions of approval recommended. If conditions of approval are added by the Planning and Development
Board and City Commission, said conditions will be listed in Exhibit "C.,
xc: Cencral file
l:\SHRDATAII'IaluIiD,ISHAREDIWPlPROJECTSISItIlt 'D Sbake. staff rep.doc
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II )CATION rv;-A.P EXHIBIT 1
STEAK-N-SHAKE
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EXHIBIT "e"
Conditions of Aooroval
Project name: Steak 'n Shake
File number: PKL V 98-006
Reference: Aoolication dated November 4. 1998
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None. X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTERlENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
I. NONE X
ADDITIONAL CITY COMMISSION CONDITIONS
2, To be determined,
MWRJdim
J:ISHROATAIPLANNINGISHAREDlWPIPROJECTSISTEAK N SHAKEIPKlVICOND. OF APPR.PKlV.DOC
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 98-325
STAFF REPORT for
PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION
INTRODUCTION
Meeting Date: December 8, 1998
File No:
PKL V 98-006
Location:
Southwest corner Old Boynton Rd, and Winchester Park Blvd, (see Exhibit "A"- Location Map)
Applicant:
Steak 'n Shake
2720 North Summerdale Drive
Clearwater, FL 33761
Agent: James Harlow
Florida Engineering & Environmental Services
4519 George Road, Suite 130
Tampa, FL 33634
Zoning:
C-3 (Community Commercial)
Project Name: Steak 'n Shake (see Exhibit "B" - site plan),
Adjacent zoning districts and land uses:
West
Old Boytnon Road and farther north the Boynton Beach Mall.
Vacant land zoned Agriculture and classified Local Retail Commercial.
Winchester Park Boulevard and farther east Boynton Commons shopping
center, zoned PCD,
Vacant land zoned Agriculture and classified Local Retail Commercial.
North
South
East
Variance
Requests:
Request for variance from the City of Boynton Beach Land Development Regulations, Chapter
23 - Parking Lots, Article II, Section H.3, to allow a 58 foot reduction from the required
minimum driveway distance from an intersection of 180 feet to 122 feet (Old Boynton Road
entrance); and
Request for variance from City of Boynton Beach Land Development Regulations, Chapter 23 -
Parking Lots, Article II, Section H.3. to allow an 89 foot reduction from the required minimum
driveway distance from an intersection of 180 feet to 91 feet (northern driveway on Winchester
Park Boulevard).
BACKGROUND
Steak 'n Shake is currently preparing a new site plan for this corner parcel at Old Boynton Road and Winchester
Park Boulevard. As part of the application process they are required to seek relief for the proposed driveways
due to I) the depth of the property being less than 180 feet; and 2) proposed site design includes two driveways
on Winchester Park Boulevard, one of which cannot be placed the minimum 180 feet from the intersection (see
Exhibit "B" - Proposed Site Plan),
ANALYSIS
The City of Boynton Beach Land Development Regulations, Chapter 23 - Parking Lots, Article II, Section
11.H.3 states as follows:
"Distance from streets, Parking lot driveways shall be constructed at least thirty (30) feet from the
/
Page 2
Memorandum No. PZ 98-325
Steak 'n Shake -staff report
intersection of the right-of-way lines along local streets and one-hundred eighty feet along streets of a
higher classification. "
With existing frontage of 167 feet on Old Boynton Road, Steak 'n Shake seeks to place a driveway on Old Boynton
Road at the northwesternmost location on the site, which is approximately 122 feet west of the intersection with
Winchester Park Boulevard, As the Land Development Regulations require 180 feet, this would be 58 feet short
of the requirement.
The second proposed non-compliant driveway is to be placed on Winchester Park Boulevard approximately 91 feet
south of the intersection with Old Boynton Road, or 89 feet short of the 180 feet separation requirement.
In reviewing the above requests, staff reviewed several criteria for justifications for allowing variances at the
proposed locations, This analysis focused on three primary issues:
1) Traditional hardship criteria and lot configuration relative to the 180 feet distance requirement;
2) Alternative actions to avoid the necessity for a variance; and
3) Traffic circulation and safety,
1) Hardship criteria
The code states that zoning code variances cannot be approved unless the board finds the following:
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.
b, That the special conditions and circumstances do not result from the actions of the applicant.
c. That granting the variance requested will not confer on the applicant any special privilege that is denied by
this ordinance to other lands, buildings, or structures in the same zoning district,
d, That literal interpretation of the provisions of this 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,
e, That the variance granted is the minimum variance that will make possible the reasonable use of the land,
building, or structure.
f That the grant of the variance will be in harmony with the general intent and purpose of this chapter
{ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the
public welfare.
With respect to this criteria, lot depth creates the natural hardship, as the lot is less than 180 feet deep. This situation
involving a small corner parcel is conunon and frequently the subject of similar variances granted by the city,
With respect to the second variance, if this driveway is considered expendable, given the existence of the third, it
would appear that the hardship has been self-created. However, by virtue of the use being a restaurant, and one
d,
Page 3
Memorandum No. PZ 98-325
Steak 'n Shake -staff report
which includes drive-through service, it is the opinion of staff that the petitioner has minimized the potential for
internal traffic conflicts through one-way segments and separating traffic by single direction and limiting each of the
two east-side driveways to one-way movement. This requires two driveways on the east side, one of which cannot
be placed the minimum 180 feet from the intersection. In evaluating this request, staff also considered external
traffic impacts under alternative scenarios, For example, if the southern driveway remained exit only, and the
northern non-compliant driveway eliminated, traffic hazards would be initiated by both encouraging u-turn
movements to enter the site, or by requiring westbound traffic to traverse the three eastbound lanes on Old Boynton
Road in close proximity to an lighted intersection. Internal circulation conflicts would be created by opening the
southern driveway to two-way traffic. Internal traffic congestion could result in external traffic congestion if traffic
became backed-up, With the northern driveway limited to ingress traffic, and with the movement options available
to the entering vehicle, as well as the right-of-way given to ingress movement, a back-up situation is less likely and
should be brief. In reviewing the hardship criteria, staff has accounted for lot dimensions, lot configuration, typical
impacts and characteristics of the proposed use, and logical internal and external traffic circulation and patterns,
2) Alternative actions available to avoid the necessity for a variance
Land assemblage to expand lot area is not feasible as adjacent properties are either occupied by the gas transmission
facility or unavailable and reserved for future development. By virtue of this property being developed prior to the
remainder of the adjacent land, it is not benefited by common or to be shared access resources. Otherwise,
internally-shared traffic resources could lessen direct traffic impacts felt by this single use, Alternative site designs
have been considered yet involved greater internal traffic congestion (e,g, intersections with multiple direction traffic
caused by the combination of entering traffic and drive-through traffic mixed with general traffic circulation,
3) Traffic safety
This proposal has been reviewed by the city's Engineer, who has projects marginal impact if these variances are
granted, This opinion is based, in part, on the existence of an adjacent median on Winchester Park Boulevard that
would delineate the flow of traffic, the limitation to right-turn only for traffic exiting onto Old Boynton Road, the
ease in which traffic should access the site from the northern driveway, and the origins of southbound traffic on
Winchester Park Boulevard which will include slower and lower volume traffic, Both driveways on Winchester Park
Boulevard will be limited to right-in-right-out only, Lastly, the circulation on this site will be benefited by the
ultimate development of the remainder of this land, through internal access to be reserved at the southeast corner
of the site; however, the timing for future development activity on this adjacent land is unknown,
RECOMMENDATION
Staff recommends that the request for variances from the City of Boynton Beach Land Development Regulations,
Chapter 23 - Parking Lots, Article ll, Section H.3, to allow 1) a 58 foot reduction from the required 180 feet
minimum driveway distance from an intersection to 122 feet (Old Boynton Road entrance); and to allow an 89
foot reduction from the required 180 feet minimum driveway distance from an intersection to 91 feet (northern
driveway on Winchester Park Boulevard), This recommendation is based, in part, on satisfaction with the
traditional hardship criteria when considered along with the demands and performances of the proposed use, lot
size and configuration, and circulation characteristics of the area and site design, There are currently no
conditions of approval recommended. If conditions of approval are added by the Planning and Development
Board and City Commission, said conditions will be listed in Exhibit "C".
xc: Central File
J:\SHRDATA\Planning\SHARED\WP\PROJECTS\Steak 'n Shake - staff rep.doc
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EXHIBIT "e"
Conditions of Approval
Project name: Steak 'n Shake
File number: PKLV 98-006
Reference: Application dated November 4. 1998
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None
UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENT ALIST
Comments: None
PLANNING AND ZONING
Comments: None
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
1. To be determined,
ADDITIONAL CITY COMMISSION CONDITIONS
2, To be determined.
fbme
s:\projects\COnd of appr\
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