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REVIEW COMMENTS 8.A.3 BOYNTON SHOPPES PERIPHERAL GREENBELT ZONING CODE VARIANCE (Duplicate Staff Report for ZNCV 00-012) DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 00-258 STAFF REPORT FOR PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION July 28, 2000 Meeting Date: September 26, 2000 File No: ZNCV 00-012 (DeriDheral greenbelt) ZNCV 00-013 (side yard setback) Location: 620 S Congress Avenue Agent/Owner: Robert Basehart, Basehart Consulting, Inc. Project: New commercial retail/restaurant building Request: Two variances from the City of Boynton Beach Land Development Regulations, Chapter 2. Zoning: 1) Section 5, F.7.e., to allow a 12.5-foot side yard setback reduction from the 30 feet required within the PCD zoning district, for a 17.5 foot side yard setback; 2) Section 5, F.7.f., to allow a 5-foot peripheral greenbelt reduction from the 10 feet required within the PCD zoning district, for a 5 foot peripheral greenbelt. BACKGROUND The proposed project that corresponds with the subject requests includes the addition of 3,000 square feet of retail space and a fast-food restaurant to the existing Boynton Shoppes PCD. This PCD was approved in September 1997, and is located on the east side of Congress Avenue approximately 200 feet south of Woolbright Road. The PCD wraps around the existing Amoco/Mc Donald's station located at the intersection (see Exhibit "A" - Location Map). Boynton Shop pes PCD has been developed with an oil change facility, a tire store, an auto detail shop, and retail stores that totals 18,530 square feet. The built portion of the project is oriented toward Congress Avenue, with the main access drive on Congress Avenue and a second access driveway connecting to Woolbright Road. It is near this second access drive where the project, and variances are proposed (see Exhibit "B" - Proposed Site Plan). The subject variance applications are for relief from the Land Development Regulations Chapter 2, Zoning, Section 5, F.7, to allow the proposed building to be constructed with a side setback of 17.5 feet, or a 12.5 foot side setback. The second variance request is to reduce the peripheral greenbelt of 10 feet to 5 feet, which is a minimum requirement of all Planned Commercial Developments (Chapter 2. Zoning, Section 6.F). The property is also the subject of an application for rezoning and for new site plan approval to allow the construction of the 3,000 square foot building. The submitted site plan includes a Landscaping Plan depicting the proposed 5-foot peripheral greenbelt and an existing ficus hedge along the (east) common property line with the bank (see Exhibit "e" - Proposed Landscape Plan). The following is a description of the land uses of the properties that surround this site: North -Woolbright Road right-of-way, farther north office zoned C-1; South -Residential multi-family, Christian Villas, zoned R-3; East -Suntrust Bank, zoned C-3; and West -Amoco gas station/Mc Donald's, zoned C-3. Page 2 Boynton Shop pes Memorandum No. 00-258 ANAL YSIS The code states that the zoning code variance cannot be approved unless the board finds the application has been studied and considered in relation to minimum standards. These standards are listed in the Land Development Regulations Article X of Chapter 1. General Provisions, and are listed in each variance application as items 5.a through 5.F. They read 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; 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 chapter 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 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 otherwise detrimental to the public welfare. The applicant's response to two of the items are indicated along with a justification statement in Exhibit "0". The staff response to selected items are as follows: a. That special conditions and circumstances exist which are peculiar to the land involved and which are not applicable to other lands; and b. That the special conditions and circumstances do not result from the actions of the applicant. As described in the staff report for the corresponding application for major master plan modification, the subject requests have been generated as a result of the applicant requesting to add a building to a narrow portion of the subject master plan where no square footage had been originally proposed and reviewed. Furthermore, those site constraints that appear to limit current use of this portion of the subject project were known by the applicant at the time of original submittal, which may have been originally initiated by the code revision to reduce the maximum size of a PCD from 5 acres to 3 acres. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by the Ordinance to other lands, building or structures in the same zoning district. Given that master plans are reviewed and approved initially for compliance with regulations and conformance with quality design objectives intended for planned zoning districts, granting of the subject requests could represent a special privilege not typically conferred to others. This statement Page 3 Boynton Shoppes Memorandum No. 00-258 is justified by the fact that relief would represent the lowering of standards to which other PCD master plans are held. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. Staff acknowledges the size restrictions of the parcel imposed by its width (117 feet), and the impossibility of expanding its boundaries to minimize the property's dimensional constraints. However, as described in the analysis and report for the corresponding request for major master plan modification (please see Memorandum No. PZ 00-273), the proposed use is part of The Boynton Shoppes PCD master plan. This master plan was approved in 1997, and preceded (accompanied) by an amendment to the code which was required to reduce the minimum acreage of a PCD from 5 acres to 3 acres, to allow for the subject 3.63-acre property to be rezoned accordingly. The property was developable under the then C-3 zoning, but not for the automobile care uses desired by the applicant. The repair of automobiles or tire sales and service are not allowed on sites less than 5 acres in size within the C-3 district, and as indicated above, the minimum size of a PCD was 5 acres. To minimize the city-wide impacts of a code change, the PCD regulations were the target of their amendment request. Those site constraints that appear to limit current use of this portion of the subject project were known by the applicant at the time of original submittal, which may have been originally caused by the code revision to reduce the maximum size of a PCD from 5 acres to 3 acres. Finally, staff focus this analysis on item "f' from the previously mentioned list of minimum standards that states: 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. As also indicated in the analysis on the corresponding request for major master plan modification, the proposed modification and subject variances are not consistent with the intent of the regulations for Planned Commercial Developments "to accomplish a more desirable environment for commercial development in relation to existing and/or future city development", to "promote the public health, safety, convenience, welfare..", nor to provide efficient and harmonious design so as to create an attractive project". The subject variances would allow for the PCD regulations to be diluted, without significant justification and compensation in design to offset the impact on the master plan. CONCLUSIONS/RECOMMENDA TIONS Based on the analysis contained herein, and within the report on the corresponding request for major master plan modification (REZN 00-001), staff recommends that this request for relief from the zoning regulations be denied. 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PZ 00-258 STAFF REPORT FOR PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION July 28, 2000 Meeting Date: September 26, 2000 File No: ZNCV 00-013 (side yard setback) ZNC V 00-012 (oerioherall!reenbelt) Location: 1620 S Congress Avenue Agent/Owner: Boynton Shoppes Project: New commercial retaiVrestaurant building Request: Request for two variances from the City of Boynton Beach Land Development Regulations, Chapter 2 Zoning: 1) from Section 5, F.7.e., to allow a 12.5 feet side yard setback reduction from the 30 feet required within the PCD zoning district, for a 17.5 foot side yard setback; 2) from Section 5, F.7.f., to allow a 5 feet peripheral greenbelt reduction from the 10 feet required within the PCD zoning district, for a 5 foot peripheral greenbelt. BACKGROUND The proposed project subject of this requests is the final phase of the Boynton Shoppes PCD, a project approved in September 1997. Boynton Shoppes is located on the east side of Congress Avenue approximately 200 feet south of Woolbright Road, wrapping around an existing Amoco station/Mc Donald's located at the intersection of both mentioned streets (see Exhibit "A" - Location Map). Boynton Shoppes PCD has been developed with an oil change facility, a tire store, an auto detail shop, and retail stores that total 18,530 square feet oriented towards Congress Avenue, with a main access on Congress Avenue and a second access driveway connecting to Woolbright Road. It is along this second access that the final phase subject of this variance requests is located (see Exhibit "B" - Proposed Site Plan). These variance applications are for relief from the Land Development Regulations Chapter 2, Zoning, Section 5, F.7., to allow the proposed building to be constructed with a side setback of 17.5 foot, or a 12.5 foot side setback, and also to locate the building with a peripheral greenbelt of 5 feet. The property is also the subject of an application for rezoning and for new site plan approval to allow the construction of the 3,000 square feet building for a fast food with drive-thru and for a retail store, consisting of 1,500 square feet each use. Total proposed site parking for both uses will be 26 spaces. The submitted site plan includes a Landscaping Plan depicting the proposed 5-foot peripheral greenbelt and an existing ficus hedge along the (east) common property line with the bank (see Exhibit "C" - Proposed Landscape Plan). The following is a description of the land uses of the properties that surround this site: North South East West -Woolbright Road right-of-way, farther north office zoned C-l; -Residential multi-family, Christian Villas, zoned R-3; -Suntrust Bank, zoned C-3; and -Amoco gas station/Mc Donald's, zoned C-3. Page 2 Boynton Shoppes Memorandum No. 00-258 ANAL YSIS The code states that the zoning code variance cannot be approved unless the board finds the application has been studied and considered in relation to minimum standards. Exhibit "D" lists those standards and the applicant's response. Staff has conducted this analysis considering each request separately. For the side yard setback request, the focus is on item "e" from the list of minimum standards. Item "e" state: e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. Staff acknowledges the size restrictions of the parcel imposed by its width (117 feet) and the impossibility of expanding its boundaries to minimize the property dimensional constraints. Indeed, due to the location of the access driveway from Woolbright Road the developable parcel width has been reduced from 117 feet to 67 feet. Staff concurs with the applicant that the proposed 40-foot wide, 3000 square feet building, cannot be accommodated without granting the requested variance, and thus make possible a more reasonable use of the property. The eastern half of the building will be occupied by a fast food restaurant with a drive-thru located within the side setback area. With respect to impacts upon adjacent properties, staff has concluded that that the requested reduction of 12.5 feet to place the building line at 17.5 feet from the side property line will be minimized by the fact that the property to the east zoned C-3 is currently use as a commercial bank, and that the bank immediately adjacent area to the affected requested setback is used as an access drive for the drive-in tellers servIce. With respect to the requested peripheral greenbelt, staff again focuses on item "e", and concludes that this request is greatly dependent on the previous one (side yard setback). Approval of that request would place the location of the drive-thru on portion of the existing IO-foot peripheral greenbelt as the only viable alternative, making the granting of this greenbelt requested variance the basis for a reasonable use of the land. As per impacts upon adjacent properties and after field verification, staff feels that it will be minimal based on: 1) the existence of the drive-in along the property line on the adjacent bank side bringing compatibility at both sides of the property line; 2) the existence of a continuous ficus hedge on the common property line with the bank parcel as a buffer between both properties; 3) except for the reduce buffer area subject of this request, the landscaping of the site will fully meet code requirements, including the balance of the landscape buffer remaining at the required 10 feet. Finally, staff focus this analysis on item "f' from the previously mentioned list of minimum standards that states: f That the grant of the variance will be in hamlOny 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. The Land Development Regulations Chapter 7.5, Environmental Regulations, Article II, Landscape Code, Section 2, declares as purpose and intent of the Landscape Code among others, to be the improvement of the appearance of certain setback and yard areas..., and also, protect and preserve appearance, character and value of the surrounding neighborhoods; staff believes that granting this variance will be in harmony with the general intent and purpose of City Code, and will promote the development of that vacant parcel. Page 3 Boynton Shoppes Memorandum No. 00-258 CONCLUSIONS/RECOMMENDA TIONS Based on the rationales previously exposed staff concludes that these two variances will be of great benefit for the community, with no negative impacts, The uses for the proposed building will be of the same nature of the commercial uses already existing in the neighborhood, more specifically the drive-thru adjacent to an existing drive-in to the east. Therefore, staff recommends that the two variances: 1) a 12.5-foot reduction from the 30 feet side setback required within PCD zoning district to allow a 17.5 feet side setback; and 2) a 5-foot reduction from the 10 feet peripheral greenbelt required within PCD to allow a 5 feet greenbelt, be approved. No conditions of approval are recommended, however, any conditions recommended by the Board, or required by the Commission, shall be documented in Exhibit "E" - Conditions of Approval. Attachments MR/dim \\CH'.MAIN\SHRDATA\Planning\SHARED\WP\PROJECTS\Bo}lIton Shoppes (ZNCV Side Setback)\STAFF REP PZ 00-258 doc 7.A.3 BOYNTON SHOPPES PERIPHERAL GREENBELT ZONING CODE VARIANCE (Postponement to November 14, 2000) Oct 04 00 11:30~ Baseh~rt (5611833-3293 - - 10.2 Basehart Consulting, Inc. Planners 333 Southern Boulevard, Suite 200 West Palm Beach, Florida 33405 Phone: (561) 833-3114 Fax: (561) 833-3293 October 2, 2000 Mr. Michael Rwnpf, AICP, Director Pllmning & Zoning Deparnnent City of Bo)nton Beach 100 East BO)'Ilton Beach Boulevard Boynton Beach, Florida 33425 SUBJECT: BOYNTON SHOPPES- WITHDRAWAL OF APPLICATION FOR V ARIA~CES FROM MINI~IUM PERIMETER BUFFER WIDTH REQUIREMENT Dear Mr: Rumpf: Please accept this letter as notice of our withdrawal of pending application for variances from the minimum landscape buffer width requirements (east and west property lines) of the Zoning Code, fOT the above Shoppes of Boynton expansion project. As we discussed at our meeting on September 28th, the applicant has decided to drop the fast food restaurant use. This will allow us to eliminate the drive-through window and lane, and therefore eliminate our need for a variance from the east side landscape buffer width. We V\oill also be able to slightly relocate the building easterly, thereby eliminating the west side perimeter landscape buffer variance. We we will submit our revised plans at the October lOth TRe meeting. Thank you for your attention to this matter. ~y~~ Robert E. Basehart, AICP President