REVIEW COMMENTS
8.A.2
BOYNTON SHOPPES
SIDE YARD SETBACKS
ZONING CODE VARIANCE
(Duplicate Staff Report for ZNCV 00-013)
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 (peripheral 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 Shoppes 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 "C" - 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
ANALYSIS
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 "D". 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.
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
MRldim
IICHIMAINISHRDATA\PlanningISHAREDlWPlPROJECTS\Boynlon Shoppes (ZNCV Side Setback)ISTAFF REP PZ 00-25B,doc
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EXHIBIT "D
BOYNTON SHOPPES
SIDE SETBACK & GREENEST V ARLJ\.NCES REQUEST
JUSTIFICA TION ST A TKMENT
The purpose of this request is to obtain approval of a variance from the provisions of Sec. 5-F. 7,e of
the Zoning Code (side interior setback), to allow a 17.5 foot setback in lieu of the normally required
30 foot setback, and from the provisions of Sec. 5-F.7.f(greenest), to allow a 5 foot wide landscape
buffer along a short portion of both the east and west property lines in lieu of the normally required
10 feet; to accommodate the development of the final portion of the Boynton Shoppes PCD. The
project is located on the east side of Congress Ave., approximately 200 feet south of Woolbright
Road, adjacent to the south side of an existing Amoco StationlMcDonalds that is located at the
intersection. The project wraps around the AmocolMcDonalds facility and eA'1ends northerly to
Woolbright Road. The project has been developed with an oil change facility, a tire store and detail
shop and retail stores that total 18,530.9 square feet and all orient to Congress Avenue. An entrance
and exit drive connecting to Woolbright Road has also been constructed.
This application relates to the portion of the property that extends from the primary development area
to Woolbright Road. The width of the property is only 117.3 feet and is sandwiched between the
AmocolMcDonalds project on the west and a retail bank facility to the east. The portion of the bank
site adjacent to the subject parcel is used as an access drive for their drive-in tellers. The applicant
is proposing to construct a 3,000 square foot building in the area between the entrance drive to the
overall project and the east property line, The proposed building will be 40 feet wide and 75 feet
deep. The eastern half of the building will be a fast food restaurant, with a drive-thru window and
the eastern half will be a retail shop. Unfortunately due to the severe site constraints imposed by the
width of the property, which can not be expanded due to existing development on both sides, a usable
building can not be developed without the variance relief sought.
The reduced landscape buffer along the west property line is 200 feet long and only 140 feet long
along the west property line. There are established landscape buffers on the adjacent properties on
both sides, effectively expanding the landscaped area separating the uses to a size that is in
conformance with the objective of the Code, to establish a significant visual barrier between uses,
The proposed building is one story, is only 75 feet long and is adjacent to a large open area on the
bank property to the east. The granting of the requested setback variance will not create an
unacceptable reduction oflight or air, nor will it create either a physical or visual imposition on the
adjacent property.
The applicant believes that there are special conditions, hardships and reasons that justifY the
requested variances, as follows:
1. There are special conditions and circumstances that are peculiar to the land and the business
involved that are not applicable to other lands and businesses in the same zoning district, As
noted above, the width of the property is only 117,3 feet and is sandwiched between the
AmocolMcDonalds project on the west and a retail bank facility to the east. Due to the
severe site constraints imposed by the width of the property, which can not be expanded due
-----
Boynton SHOPPES PCD
Variance Justification
Page 3.
6. The granting of the requested variances will be in harmony with the general intent and
purpose of the Code and will not be injurious to the area involved or otherwise detrimental
to the public welfare. It is the intent of the Code to allow businesses in the City to have
adequate developable area to operate viably, but to provide appropriate separation between
buildings and to provide a visual separation between uses with the installation oflandscape
buffers. As noted above, the bank facility located to the east is fully developed and its
physical building improvements are located substantially further away from our common
property line than is required by the Code. Consequently, the separation of buildings that will
result if the requested setback variance is granted will be far greater than is required by Code,
and therefore does not violate the intent of the Code. Similarly, the adjacent properties both
to the east and west have existing, mature landscape buffers already installed. The buffer
installed by the applicant on both sides of the site will improve the current situation. To
mitigate any potential impact of our requested reduction in width, the applicant would be
willing to intensify the amount of plant material in our buffers if the City feels such is
necessary. However, it is our opinion that intensification adjacent to the mature landscaping
of the adjacent sites is not necessary to establish a meaningful visual separation of activities.
Considering the unique circumstances facing this property, approval of the requested buffer
variance will not violate the intent of the Code.
EXHIBIT "E"
Conditions of Approval
Project name: Boynton Shoppes
File number: ZNCV 00-013 (side yard setback)
fI
Re erence: Zoninl! Code Variance Annlication dated Julv 12 2000.
DEP ARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None
UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments: None
P ARKS 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.
MWR:dim
S:IPLANNINGISHARED\WPIPROJECTSIBOYNTON SHOPPES (ZNCV SIDE SETBACK)ICOND. OF APPR 5-11 P&D.DOC
DEVELopr ~T ORDER OF THE CITY COMM jlON OF THE
\lITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: BOYNTONSHOPPES
APPLICANT'S AGENT: Robert E. Basehart, Basehart Consulting
APPLICANT'S ADDRESS: 1620 So. Congress Avenue
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 03,2000
TYPE OF RELIEF SOUGHT: Zoning Code Variance - Side setback
LOCATION OF PROPERTY: 1620 So. Congress Avenue
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
_ _ TH I S MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief 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 relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief 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 application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
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:
City Clerk
J:ISHRDATAIPlanningISHARED\WPIPROJECTSIBoynlon Shoppes (ZNCV Side Setback)IDev Order CC.doc
6.A.2
BOYNTON SHOPPES
ZONING CODE VARIANCE
SIDE YARD SETBACK
POSTPONEMENT
TO NOVEMBER 28, 2000
6.A.2
BOYNTON SHOPPES
ZONING CODE VARIANCE
SIDE YARD SETBACK
uEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 00-258
STAFF REPORT FOR
PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION
November 13, 2000
REVISED
Meeting Date: NOVEMBER 28, 2000
File No:
ZNCV 00-013 (side yard setback)
Location:
620 S Congress Avenue
Agent/Owner: Robert Basehart, Basehart Consulting, Inc.
Project:
New commercial retail building at Boynton Shoppes PCD
Request:
Request relief from the City of Boynton Beach Land Development Regulations,
Chapter 2. Zoning, Section 6, F.7.e., to allow a 17.5-foot side yard setback reduction
from the 30 feet required within the PCD zoning district, for a 12.5 foot side yard
setback.
BACKGROUND
The property that corresponds with the subject request is currently zoned PCD, Planned Commercial
District, and includes the addition of 3,000 square feet of retail space 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 Shoppes 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 the variance
is proposed (see Exhibit "B" - Proposed Site Plan).
The subject variance application is for relief from the Land Development Regulations Chapter 2,
Zoning, Section 6, F.7, to allow the proposed building to be constructed with a side setback of 12.5
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 foot building.
The following is a description of the land uses and zoning districts 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.
ANAL ysls
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:
Page 2
Boynton Shop pes
Memorandum No. 00-258
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
"C". 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
e. That the variance granted is the minimum variance that will make possible the reasonable
use of the land, building or structure.
According to the applicant, the property is object of special conditions peculiar to the site not found in
other properties similarly zoned. Staff acknowledges the size restrictions of the parcel imposed by its
width, (as noted in the applicant's response to the standards referenced above). The width of the
parcel is only 117.3 feet, and since it is sandwiched between the Amoco/Mc Donald's project to the
west and a retail bank to the east, the property can not be expanded and therefore its improvements
are limited without the variance relief sought.
Further, one could state the City acknowledged the limitations of the size and configuration of the
subject PCD when it approved the reduction in the minimum PCD acreage threshold, and rezoning of
the subject property.
Lastly, it should be noted that the applicant originally requested both a side-setback variance and a
landscape buffer variance to accommodate both the building placement and a drive-through feature.
Given the extent that the intent of the PCD regulations would be sacrificed, staff communicated strong
objection. In response, the applicant eliminated the drive-through feature as well the buffer variance
application.
Finally, staff has focused this analysis on item "f' from the previously mentioned list of minimum
standards that states:
Page 3
Boynton Shoppes
Memorandum No. 00-258
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 previously mentioned applicant's response to the listed standards, the
proposed use, retail, would be one that is normally permitted within the PCD zoning district, on a
building that complies with the site development regulations, other than the one variance sought. With
respect to site utilization, it should be noted that the entire PCD totals 3.63 acres (158,122 square
feet), and is subject to 40% maximum lot coverage or 63,771 square feet. However, the total
proposed lot coverage including the new retail building will be 21,530 square feet, a total of only 14%
lot coverage to be developed, and without jeopardizing the perimeter buffer. Staff concurs with the
applicant that the project will be in harmony with the general intent and purpose of the Code ".. .by
encouraging development which will reflect changes in the concepts and the technology of land
development... and to allow for the mitigation of negative impacts which result from land
development" .
Staff expects that negative impacts, which would likely only be a mere congested appearance, will be
minimized by the placement of the proposed building at the distance of 88 feet from the property line
along Woolbright Road resulting in a project with a large open area to the front similar to the existing
businesses at both sides - the retail bank with drive-in to the east and the gas station to the west- thus
keeping both the design and the use in harmony with the area. To further any mitigation needs, the
applicant has expressed the willingness to intensify the existing landscaping along common property
lines within the perimeter buffer.
CONCLUslONslRECOMMENDATIONs
Based on the analysis contained herein, staff feels that by denying the requested variance the
applicant will be deprived of the ability to develop-out the property. It appears that sufficient space
exists to design a smaller building; however, a further reduction in the width of the building would
render it too small to be of a competitive use in the retail market. The proposed project is otherwise
consistent with the general provisions for development in a PCD zoning district, and will not jeopardize
the continuity of the existing streetscape. Therefore, staff recommends that this request for relief from
the zoning regulations to construct a commercial building with a 12.5 foot side yard setback 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 liD" - Conditions of Approval.
Attachments
MR/dim
S:IPlanningISHARED\WPIPROJECTSIBoynton Shoppes (ZNCV Side Setback)lrevisedST AFF REP PZ 00-258.doc
L I4CATION MAP
BOYNTON SHOPPES
EXHIBIT"
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EXH'IBIT- "e"
BOYNTON SHOPPES
SIDE SETBACK V ARlANCE REQUEST
JUSTIFICATION STATEMENT b
The purpose of this request is to obtain approval ofa variance from the provisions Ofsec.Y;.7.e of
the Zoning Code (side interior setback), to allow a 12.5 foot setback in lieu of the normally required
30 foot setback; to accommodate the development of the final portion of the Boynton Shoppes PCD.
The project is located on the east side of Congress Ave., approximately 200 feet south of Woolbright
Road, adjacent to the south side of an existing Amoco StationlMcDonalds that is located at the
intersection. The project wraps around the Amoco/McDonalds facility and extends northerly to
Woolbright Road. The project has been developed with an oil change facility, a tire store and detail
shop and retail stores that total 18,530.9 square feet and all orient to Congress Avenue. An entrance
and exit drive connecting to Woolbright Road has also been constructed.
This application relates to the portion of the property that extends from the primary development area
to Woolbright Road. The width of the property is only 117.3 feet and is sandwiched between the
Amoco/McDonalds project on the west and a retail bank facility to the east. The portion of the bank
site adjacent to the subject parcel is used as an access drive for their drive-in tellers. The applicant
is proposing to construct a 3,000 square foot building in the area between the entrance drive to the
overall project and the east property line. The proposed building will be 40 feet wide and 75 feet
deep. The building will house one or two retail tenants. Unfortunately due to the severe site
constraints imposed by the width of the property, which can not be expanded due to existing
development on both sides, a usable building can not be developed without the variance relief sought
The proposed building is one story, is only 75 feet long and is adjacent to a large open area on the
bank property to the east. The granting of the requested setback variance will not create an
unacceptable reduction of light or air, nor will it create either a physical or visual imposition on the
adjacent property.
The applicant believes that there are special conditions, hardships and reasons that justify the
requested variance, as follows:
1.
There are special conditions and circumstances that are peculiar to the land and the business
involved that are not applicable to other lands and businesses in the same zoning district. As
noted above, the width of the property is only 117.3 feet and is sandwiched between the
Amoco/McDonalds project on the west and a retail bank facility to the east. Due to the
severe site constraints imposed by the width of the property, which can not be expanded due
to existing development on both sides, a usable building can not be developed without the
variance relief sought. The location and physical constraints affecting the development of this
site are unusual and can not be resolved without the relief requested. The use proposed for
the building is permitted in the PCD zoning district, and the proposed development complies
with all Code requirements except the one provision from which relief is sought.
(
Boynton Shoppes PCD
Variance Justification
Page 2.
/ ~
Literal interpretation of the provisions of Sec. ~F.7.e of the Code would deprive the
applicant rights commonly enjoyed by other properties in the same zoning district under terms
of this Ordinance and would work an undue hardship on the applicant Without the approval
of the requested variance, the applicant would be deprived of the ability to develop the subject
property with a usable building and allowed uses commonly enjoyed by other properties in
the PCD or other commercial districts. The unique physical characteristics of the subject
property as it relates to width and adjacent uses, and as described above, justifies the
requested variance.
2.
3. The special conditions and circumstances making this request necessary do not result from
actions of the applicant The applicant purchased the property in question in the configuration
that it currently exists, with adjacent properties already fully developed. The existing entrance
road to the balance of the Boynton Shoppes project does not represent a self created
hardship, because if this entrance road did not exist, the applicant would have to construct
an entrance and develop on site parking and circulation independently, which would result in
the same limitations and impediments facing him presently.
4. The granting of the requested variance will not confer on the applicant any special privilege
that is denied by the Ordinance to other lands or similar businesses in the same zoning district.
As discussed above, there are very few locations within the City that are faced with the same
limiting conditions. The applicant is not requesting any uses that are not normally permitted
and the proposed site plan complies with all requirements of the Code, other than the one
variance sought.
5. The requested variance is the minimum necessary to make possible a reasonable level of
identification for the proposed use. As discussed above, the proposed building is only 3,000
square feet in size and is only 40 feet wide. A reduction in the width of the building would
render it too small to be usable. Further, due to the width of the site, and the inability to
acquire any additional land, there is no way to reduce the variance sought, without creating
the need for other types of variances.
6. The granting of the requested variance will be in hannony with the general intent and purpose
of the Code and will not be injurious to the area involved or otherwise detrimental to the
public welfare. It is the intent of the Code to allow businesses in the City to have adequate
developable area to operate viably, but to provide appropriate separation between buildings.
As noted above, the bank facility located to the east is fully developed and its physical
building improvements are located substantially further away from our common property line
than is required by the Code. Consequently, the separation of buildings that will result if the
requested setback variance is granted will be far greater than is required by Code, and
therefore does not violate the intent of the Code.
l~-'''
Boynton Shoppes PCD
Variance Justification
Page 3.
To mitigate any potential impact of our requested reduction in width, the applicant would be willing
to intensify the arnoWlt of plant material in our eastern perimeter buffer adjacent to the building, if
the City feels such is necessary. However, it is our opinion that intensification adjacent to the mature
landscaping of the adjacent sites is not necessary to establish a meaningful visual separation of
activities. Considering the unique circumstances facing this property, approval of the requested
variance will not violate the intent of the Code.
EXHIBIT "D"
Conditions of Approval
Project name: Boynton Shoppes
File number: ZNCV 00-013 (side yard setback)
Reference: Zoninl! Code Variance Annlication dated Julv 12 2000.
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/ENVIRONMENTALIST
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.
MWR:dim
S:IPLANNINGISHARED\WPIPROJECTSIBOYNTON SHOPPES (ZNCV SIDE SETBACK)IREVISEDCOND. OF APPR P&D.DOC
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 00-258
STAFF REPORT FOR
PLANNING AND DEVELOP~./1ENT BOARD AND CITY COM~jlISSION
July 28, 2000
Meeting Date: September 26, 2000
File No:
ZNCV 00-012 (peripheral greenbelt)
ZNCV 00-013 (side yard setback)
Location:
620 S Congress Avenue
AgenUOwner: 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/Me
Donald's station located at the intersection (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 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 "C'" - Proposed
Landscape Pian).
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 Viilas, zoned R-3;
East -Suntrust Bank, zoned C-3; and
West -Amoco gas station/Mc Donald's, zonec C-3.
Page 2
Boynton Shoppes
Memorandum No. 00-258
ANAL YSIS
The code states that the zoning code variance cannot be approvec unless the bearci fir.cis 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. Genera! 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 wiil 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 ceprive 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 uncue 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 \vill be in harmony \vith 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 invelved
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 foo:age had been originally p~oposec
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 recuce the maxifT.:..i,'Tl size of a PCO from 5 acres to 3
acres.
c. That granting the variance requested 0'/::1 not confer on the applicant any specia! privilege
that is denied by the Ordinance to other lands, building or structures in the same zoning
district.
Given that master plans are re'/iewed and a;,prc'ied initiaUy for compliance with regulatic~s arc
conformance with quality design objectives intenced for planned zoning cistricts, granting of the
subject requests could represent a special privilege "at typ;ca!ly c:mferred to others. This s:ate:T1en:
Page 3
Boynton Shoppes
~Jlemorandum No. 00-258
is justified by the fact that relief "'lould represent the lowering of standards to "vhich other PCD master
plans are held.
e. That the variance granted is the minimum variance that vvill 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 propei1y's dimensional ccr.s~raints.
However, as described in the analysis and report for the corresponding rec;uest 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 coce which was requirec to reduce the minimlJfil 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 cevelopabie 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 se;vice are not aiiowed 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 curre"t use of this portion of the
subject project were known by the applicant at the time of original submittal, \vhich may have bee:i
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 T from the previously mentioned list of minimum standarcs
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 pU81ic health,
safety, convenience, welfare...., nor to provide efficient and harmonious design so as to create an
attractive project". The subject variances would ailow for the PCD regulations to be diluted, witho:.Jt
significant justification and compensation in desi~n to offset the impact on the master plan.
CONCLUSI ONS/RECO MMEN DA TrONS
Based on the analysis contained herein, and \,-'/ithin the repor,: on the corresponding request fer meJor
master plan modification (REZN 00-001). sterr recomlT.ends that this rec;ues: for reiief from the zoning
regulations be denied.
No conditions of approval are recommenced; however. any conditions reccmme:ided 81' the Bearc.
or required by the Commission, shall be documented in Exhijit 'E' - Cor.c:i,;ons of ,'\,8prcval.
Attachments
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EXHIBIT "0
BOYl\TO-,\ SBOPPES
SIDE SETB.-\CK & GREE:\'EST \"ARL-\:\CES REQlTST
.Jl-STIFIC.-\ TIOS ST.-\ TE;\IEST
The purpose of this request is to 8:oti::;1 a;:p:-C\2/ c~-a ';2.r;i:l:ee tr.J1;: [h: prJ\:s;'Jr.s O~-Sec :-f -: e d
the ZO;1;r;g Code (side in,e:-ior setback). to (~:1.J'.'. a J 75 foot set)2ck in iie~! ct-tne rlo:-~,:!::" reqc;ired
30 foot setback and fror:1 the provisions of See 5-F -:..f( 2reenest). to J!~oJ\'.' a 5 foot \\'id::: ;a;1cscaDc:
'. ".- ~ - .
buffer along a short portion of both the east and m::st r:ro~er:y lines in 1:eL1 orthe r:c1imliiy' req:Jired
] 0 feet; to accommodate the ce\;e!oprr:e:1: c~- the fn2.! pon:io:1 0: the Boynton Shoppes peD The
project is loceted on the e.::.st side of Congress A'..e . approxi::l.::.te!y 200 fee: south of \\-oolo:-igiH
Road, adjacent to the south side of an existing .Amoco Station, '\fcDorn::::s that is located at the
intersection. The project \\Taps arccIr-:d the .-\.moco/:\fcDona!ds facility 2nd exte;lGS nOrLheriy :0
Wooibright Road. The project has been developed with an oil change hc:iiry, a tire store and detail
shop and retail stores that to,all 8.5309 squ2.:-e fee: and all orieoH to Co;:~.ess A',er;t:e All e;-:;:rar.ce
and e.'(it drive connecting to \\.oolbright Roa;:: has also bee;] constl'uc:ec
This application relates to the pOrLior. of the :JrCDe:cv :~.2.t extends trom d~e D,imar.. deveiopmem c..ca
. . ~ 4 ~
to Woolbright Road. The width of the .orope,,:,' is cr;ly ] 17.3 t~e, ar:ci is s2.;]d'.\"iched beC\\ee;] the
Amoco/\'kDonalds project on the \.....est and a retail bank facility to t~e e:::s: The pJrtion cftr:e bank
site adjacent to the subject parce! is used as 2~ access dri\'e for :::e:. c:-i\'e-in te:;e:-s The appiic2.nt
is proposing to construe: a 3,000 square f,JOt bCliiding in the area be:\\ee~ the e:-::rance dri.....e to the
overa!1 project and the east p:-operLY line. The proposed building will be c!o feet '.\-ide and 75 feet
deep. The easteen half of the building wilI be a fast food restaura;-;t, '.\"itf: a dri\'e-thru windo\.'.. ar:d
the eastern halh:vill be a retail shoo. l~rJ"orLun2.tel\' due to the severe site constraints imoosec bv tl~e
4. ~ _
width of the properly, which can net be expanded due to existing developmer;[ on both sides, a usable
building can not be developed without the \'a:-iance relief sought.
The reduced landscape buffer a!or:g the west prope:cy Ji!le is 20G feet lar:g and only 1 ~O [eet lor:g
along the west property line. There are estabiished landscape buffel's on rhe adjace;1t prc)peilies or.
both sides. effecti\'e[y e:-;panding tr.e 12.;)dsca~ed a:-e3. separating the uses to 2 size ti~2.: is in
conformance \':ith tl~e objective of the Code, to estaoi:sn 2. signiEic3.nr \'isuJ.1 barier ber',,-een uses
The proposed building is one s,ary, is on;y 75 fee: lor:g and is adj2.cent to a large open area on the
bank property to the east. The grar:tir:g or tice ie::;L!es~ed se[Jad: \'ar:2.rlce wiI: r:Ot create an
unacce;Jtable reduction ofiigh:: or air, r,;Jr \\T i:: create either a ;Jf;ysical or \'isL:a[ irr:posit:or. on the
adjace;]: property
The 2.pplicant belie\'es rhar L--:e:-e 2.r~ SDe~I2.i c~nc~rIO~5. hc;csh:ps 2.~C re~:.scr.s t~l3.t jusi:i~~' [he
requestd variarlces. as [01:0\\'5
I. There are spe;:i2.! cond:::c~s 2;,C ci;c~r-:1s~2nc~s t~2: 2r~ pe:~l!iJ.r :0 ::l~ l2.~d 2.~d L:-:~ bL-!5:~~~SS
i:1....0}.,;eC It::l: are ~C[ 2.pp;j-=2:L:~ (J C[}:~;- ~~~;:::s 3.~~2 t~5::-'.~SS~s ::l i:h~ 5::~~1~ Z':l~.~r:g a:s::-:c:: .-\.-)
noted abo\:e. the \\'ic:h or (he ~~opc;-:~\" :5 o;:;~,' : ! -; :; fe:;[ .::ni is S3.~.c\\'ich~c bc[~..\-e~:l lh:;
\ ~10"'""\ ""\ [-0 '1!., - rr,.......:::l..... ,.-..~ ..~....::.. ;: ..::..-. ":I...., -i , r"::"f"":: 'n~""'-> f".:_.....;i:-... ......, .:"'r- P'l -:- D:!~ ..,-..... ~.I h~
.~ I l.. L. .... Lon""". ~.) ;-., '-J '-....... LJ.. L l 1 __ \-.........) L l..~,. L-...... ..... :.......1 J '-'......... ..I.- '- ..... ~: L.....- ~.. - ......~.. ~ ~ - - .....
"',.::lo."ere -'t.::r. ...............-t......... ........~ '....lr....... .~.... ....... ........,=:. "I~""" ......f"..... ......r-..r.=.-. .,:..-l-".'.'\-'.~.. .---:~'... '."':'.'l :-....~ P.,i;.'....:..:~..~ ,~.'.'."
::,..... \ , ~;..... \... \.J I ..) . ~ ~; 1 ~.:- ~., :__ '-I:) .....l: i.... ;.:...... ... '. . ~ ~ :; i...- : ~ ~ ,:::: .:....c, L J- ...... l~".. ..... - - - - '- .... . I-' - ~ - - -- -
Boynton SHOPPES PCD
Variance Justification
Pa!.!:e 3
G. The granting of the requested var1Jr,ces \viil be in !-:armor:;; \I.ith t~e general Ir:te;:t and
purpose of the Code and will not be injuriol:s to the area invoiv'ed or otr.emise ce:riif1er~tJ.i
to the public welfare It is the inte:-l~ of the Code to allov,,' businesses in the City to bve
adequate developable area to operate viably. but to provide appropriate separation bet\'.'een
bL:ildings and to provide a visual separatior: bet'v'.'een uses with the installation of landscape
buffers As noted above, the bank f'<ld:ty located to the east is filily developed a:1d its
physical building improvements are locatec: substil!1tially further a'.vay from our COr.1mor:
properlY line than is required by the Code Consequently, the separa~ior. ofbu:Idings thilt \'v.ill
resu[t if the requested setback variance is granted \vi]! be far greater than is required by Code,
and therefore does not violate the iment of the Code Similarly, the adj2.cent proper::es Doth
to the east and west have existing, mature landscape buffers already instal!ed. The cuffer
ir.stalled by the applicant on both sides of the site \\'ill improve the current sitl~atioii To
mitigare any potential impact of our rqt.:esred red~lcrior. in \'videh. the appl:can: wouid ce
willing to intensify the amount of plant rn2.terial in our bdfers if the City fee!s such is
necessarv. Ho\vever, it is our oDinion rhat intensific2.tioil adia-:enr to rhe mature 12.ndsc2.:J:;;Q
.. . J . '-
of the adjacem sites is not necessary to establ:sh a meaningful visual separation of2cti,,'jries
Considering the unique circumstances facing this prope;-ry. approval oEthe requesced buffer
variance will not violate the intent of the Code
EXHIBIT "E"
Conditions of ApDroval
I , /
Comments: None I
I ,
POLICE I I II
i
I I I II
Comments: I\'"one I
I I i i!
E?\Gf:\iEER.J1'..'G DIVISION , II
i I I'
I II
I Comrnents: Kone i
I
BUILDING DNISION ! i
i
Corrunents: None I
PARKS AND RECREATION I I
I I 1
Comments: None I
,
I FORESTER/ENVIR01-:~1ENTALIST I I I
!
I I II
Comments: None i I
I I II
PLAi\~E\G A~D ZOK'NG :1
I i I II
Comments: None I II
I ADDrTIO:\'AL PLA),:-.iI1\G A),TD DEVELOP:\fE?\T BOARD COi\'DITIOi\-S i I
I ! Ii
I i I
I i
1. To be detennined. i i ii
i I I
I ADDITIO:-:AL CIT'I" COi\fi\fISSrO:-: CO:-:DiTIO:-:S i
i :j
I I
2. To be dete,mir:ed.
Project no.me: Boynron Shoppes
File number: ZNCV 00-013 (side yard setback)
Refe,ence: Zonin2" Code \-ranance ADDiication d:lted Juiv 12.2000.
i
I DEPARTyfEi\TS
I PUBLIC WORKS
I Comments: 0ione
I UTrLITIES
I Comments: None
I FIRE
I
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.f:\iCLUDE I
I
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REJECT II
il
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I,
'I
Ii
II
II
,
I
MWR:dim
S ?':..:','ll';:I'~G S;-<AREO\'.-\'.~ F~O-'ECTS,2CYNTC;'J SHO.=PES ;:;~C'. s:::: $:::-2':'C:.<; CC',S ::;;: ,':':::.==: 5."' ='!.:; :''J:
L..": VELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 00-258
STAFF REPORT FOR
PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION
November 13, 2000
REVISED
Meeting Date: NOVEMBER 28, 2000
File No:
ZNCV 00-013 (side yard setback)
Location:
620 S Congress Avenue
Agent/Owner: Robert Basehart, Basehart Consulting, Inc.
Project:
New commercial retail building at Boynton Shoppes PCD
Request:
Request relief from the City of Boynton Beach Land Development Regulations,
Chapter 2. Zoning, Section 6, F.7.e., to allow a 17.5-foot side yard setback reduction
from the 30 feet required within the PCD zoning district, for a 12.5 foot side yard
setback.
BACKGROUND
The property that corresponds with the subject request is currently zoned PCD, Planned Commercial
District, and includes the addition of 3,000 square feet of retail space 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 Shoppes 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 the variance
is proposed (see Exhibit liB" - Proposed Site Plan).
The subject variance application is for relief from the Land Development Regulations Chapter 2,
Zoning, Section 6, F. 7, to allow the proposed building to be constructed with a side setback of 12.5
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 foot building.
. "
The following is a description of the land uses and zoning districts 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.
ANAL YS/S
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:
~
Page 2
Boynton Shop pes
Memorandum No. 00-258
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
"C". 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
e. That the variance granted is the minimum variance that will make possible the reasonable
use of the land, building or structure.
According to the applicant, the property is object of special conditions peculiar to the site not found in
other properties similarly zoned. Staff acknowledges the size restrictions of the parcel imposed by its
width, (as noted in the applicant's response to the standards referenced above). The width of the
parcel is only 117.3 feet, and since it is sandwiched between the Amoco/Mc Donald's project to the
west and a retail bank to the east, the property can not be expanded and therefore its improvements
are limited without the variance relief sought.
" .
Further, one could state the City acknowledged the limitations of the size and configuration of the
subject PCD when it approved the reduction in the minimum PCD acreage threshold, and rezoning of
the subject property.
Lastly, it should be noted that the applicant originally requested both a side-setback variance and a
landscape buffer variance to accommodate both the building placement and a drive-through feature.
Given the extent that the intent of the PCD regulations would be sacrificed, staff communicated strong
objection. In response, the applicant eliminated the drive-through feature as well the buffer variance
application.
Finally, staff has focused this analysis on item "f' from the previously mentioned list of minimum
standards that sta.tes:
Page 3
Boynton Shoppes
Memorandum No. 00-258
f. That the grant of the variance will be in harmony with the general inten,t 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 previously mentioned applicant's response to the listed standards, the
proposed use, retail, would be one that is normally permitted within the PCO zoning district, on a
building that complies with the site development regulations, other than the one variance sought. With
respect to site utilization, it should be noted that the entire PCo totals 3.63 acres (158,122 square
feet), and is subject to 40% maximum lot coverage or 63,771 square feet. However, the total
proposed lot coverage including the new retail building will be 21,530 square feet, a total of only 14%
lot coverage to be developed, and without jeopardizing the perimeter buffer. Staff concurs with the
applicant that the project will be in harmony with the general intent and purpose of the Code u... by
encouraging development which will reflect changes in the concepts and the technology of land
development... and to allow for the mitigation of negative impacts which result from land
development" .
Staff expects that negative impacts, which would likely only be a mere congested appearance, will be
minimized by the placement of the proposed building at the distance of 88 feet from the property line
along Woolbright Road resulting in a project with a large open area to the front similar to the existing
businesses at both sides - the retail bank with drive-in to the east and the gas station to the west- thus
keeping both the design and the use in harmony with the area. To further any mitigation needs, the
applicant has expressed the willingness to intensify the existing landscaping along common property
lines within the perimeter buffer.
CONCLUSIONS/RECOMMENDA TIONS
Based on the analysis contained herein, staff feels that by denying the requested variance the
applicant will be deprived of the ability to develop-out the property. It appears that sufficient space
exists to design a smaller building; however, a further reduction in the width of the building would
render it too small to be of a competitive use in the retail market. The proposed project is otherwise
consistent with the general provisions for development in a PCo zoning district, and will not jeopardize
the continuity of the existing streetscape. Therefore, staff recommends that this request for relief from
the zoning regulations to construct a commercial building with a 12.5 foot side yard setback 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 "0" - Conditions of Approval.
Attachments
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EXH'IBIT' "c rJ
B0Y1'110N SHOPPES
SIDE SETBACK V ARIA.t~CE REQUEST
.ruSTIFICATIO~ STATE~1El'il
b
The purpose of this request is to obtain approval of a variance from the provision~ of Sec. ~. 7.e of
the Zoning Code (side interior setback), to allow a 12.5 foot setback in lieu of the normally required
30 foot setback; to accommodate the development of the final portion of the BO}l1ton Shoppes PCD.
The project is located on the east side of Congress Ave., approximately 200 feet souLl-]. of Woolbright
Road, adjacent to the south side of an existing Amoco Station/?vfcDonalds that is located at the
intersection. The project 'WTaps around the Amocot?vfcDonalds facility and extends northerly to
Woolbright Road. The project has been developed with an oil change facility, a tire store and detail
shop and retail stores that total 18,530.9 square feet and all orient to Congress A venue. An entrance
and exit drive connecting to Woolbright Road has also been constructed.
This application relates to the portion of the property that extends from the primary development area
to Woolbright Road. The width of the property is only 117.3 feet and is sandwiched between the
Amoco/I'vfcDonalds project on the west and a retail bank facility to the east. The portion of the bank
site adjacent to the subject parcel is used as an access drive for their drive-in tellers. The applicant
is proposing to construct a 3,000 square foot building in the area ben.veen the entrance drive to the
overall project and the east property line. The proposed building will be 40 feet 'Wide and 75 feet
deep. The building will house one or n,vo retail tenants. Unfortunately due to the severe site
constraints imposed by the \\idth of the property, which can not be expanded due to existing
development on both sides, a usable building can not be developed without the variance relief sought.
The proposed building is one story, is only 75 feet long and is adjacent to a large open area on the
bank property to the east. The granting of the requested setback variance 'will not create an
unacceptable reduction of light or air, nor will it create either a physical or visual imposition on the
adjacent property.
The applicant believes that there are special conditions, hardships and reasons that justify the
requested variance, as follows:
1. T.Q.ere are special conditions and circumstances that are peculiar to the land and the business
involved that are not applicable to other lands and businesses in the same zoning district. As
noted above, the "Width of the property is only 117.3 feet and is sandwiched between the
AmocoMcDonalds project on the west and a retail bank facility to the east. Due to the
severe site constraints imposed by the 'Width of the property, which can not be expanded due
to existing development on both sides, a usable building can not be developed without the
variance reIiefsought. The location and physical constraints affecting the development of this
site are unusual and can not be resolved ,vit.f}out the relief requested. The use proposed for
the building is permitted in the PCD ZOnl..."1g district, and the proposed development complies
'With all Code requirements except the one prOvision from which relief is sought.
""-. -
1
.,
Boynton Shoppes PCD
Variance Justification
Page 2.
" b
Literal interpretation of the provisions of Sec. ~F. 7.e of the Code would deprive th.e
applicant rights commonly enjoyed by other properties in the same zoning district under terms
of this Ordinance and would work an undue hardship on the applicant. Without the approval
of the requested variance, the applicant would be deprived of the ability to develop the subject
property with a usable building and allowed uses commonly enjoyed by other properties in
the PCD or other commercial districts. The unique physical characteristics of the subject
property as it relates to v.idth and adjace:J.t uses, and as described above, justifies the
requested variance.
2.
3. The special conditions and circumstances making this request necessary do not result from
actions of the applicant The applicant purchased the property in question in the configuration
that it currently exists, with adj acent properties already fully developed. The existing entrance
road to the balance of the Boynton Shoppes project does not represent a self created
hardship, because if this entrance road did not exist, the applicant would have to construct
an entrance and develop on site parking and circulation independently, which would result in
the same limitations a...'1d impediments facing him presently.
4. The granting of the requested variance will not confer on u.1.e applicant any special privilege
that is denied by the Ordinance to other lands or similar businesses in the same zoning district.
As discussed above, there are very few locations within the City that are faced 'With the same
limiting conditions. The applicant is not requesting any uses that are not normally pennitted
and the proposed site plan complies with all requirements of the Code, other than the one
variance sought.
s. The requested variance is the minimum necessary to make possible a reasonable level of
identification for the proposed use. As discussed above, the proposed building is only 3,000
square feet in size and is only 40 feet 'Wide. A reduction in the width of the building would
render it too small to be usable. Further, due to the width of the site, and the inability to
acquire any additional land, there is no way to reduce the variance sought, without creating
the need for other types of variances.
6. The granting of the requested variance v.ill be in hannony "\-vith the general intent and purpose
of the Code and will not be injurious to the area involved or othemise detrimental to the
public welfare. It is the intent of the Code to allow businesses in the City to have adequate
developable area to operate viably, but to provide appropriate separation benveen buildings.
As noted above, the bank facility located to the east is fully developed and its physical
building improvements are located substantially further away from our common property line
than is required by the Code. Consequently, the separation of buildings that \"ill result if the
requested setback variance is granted will be far greater than is required by Code, and
therefore does not violate the intent of the Code..
,.
I
- ~--
(
BO)'nton Shoppes PCD
Variance Justification
Page 3.
To mitigate any potential impact of our requested reduction in \\-idth, the applicant would be \\-illing
to intensify the amount of plant material in our eastern perimeter buffer adjacent to the building, if
the City feels such is necessary. However, it is our opinion that intensification adjacent to the mature
landscaping of the adjacent sites is not necessary to establish a meaningful visual separation of
activities. Considering the unique circumstances facing this property, approval of the requested
variance will not violate the intent of the Code.
t
EXHIBIT "D"
Conditions of Approval
Project name: Boynton Shoppes
File number: ZNCV 00-013 (side yard setback)
R fI Z C d V . r d d J I 12 2000
e erence: OnInlZ o e anance AnnJ IcatlOn ate U1v
DEP ARTMENTS INCLUDE REJECT
PUBLIC WORKS
X
Comments: None
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
FORESTERfENVIRONMENT ALIST
Comments: None X
"
PLANNING AND ZONING
Comments: None X
ADDITIONAL PLANNING A1'ID DEVELOPMENT BOARD CONDITIONS
1. Comments: None X
ADDITIONAL CITY COrvrMISSION CONDITIONS
2. To be determined.
MWR:dim .
S:IPLANNINGISHARED\WPIPROJECTSIBOYNTON SHOPPES (ZNCV SIDE SETBACK)IREVISEDCOND. OF APPR P&D.DOC
~
DEPARTMENT OF DEVELOPMENT
BUILDING DIVISION
MEMORANDUM NO. 00-338
TO:
Michael Rumpf, Director of Planning and Zoning"
Don Johnson, Building Official '/Jrg
October 16, 2000
FROM:
DATE:
RE:
Boynton Shoppes - Variance
The Building Division could support the variance request.
DJ:bg
J:\SHRDA T A \Development\Building-6870\Documents\TRC\Variance - BOy11ton shoppes.doc
11 0) [ff D W'
ocr 17.
PzL4NNING 1NO
ONING DEP[
DEPARTMENT OF DEVELOPMENT
BUILDING DIVISION
MEMORANDUM NO. 00-338
TO:
Michael Rumpf, Director of Planning and Zoning
FROM:
Don Johnson, Building Official
DATE:
October 16, 2000
RE:
Boynton Shoppes - Variance
The Building Division could support the variance request.
DJ:bg
C:\WINDOWS\TEMPWariance - Boynton shoppes.doc
DEVELOPMENT SERVICES DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. 97-293
TO:
Chairman and Members
Planning and Development Board
THRU:
Tambri J. Heyden, AICP
Planning and Zoning Director
FROM:
Jerzy Lewicki
Acting Senior Planner
DATE:
June 20,1997
SUBJECT: Heise PCD (REZN 97-001)
Rezone to Planned Commercial Development (Auto Care Centers of
America)
INTRODUCTION
Anna Cotrell of Anna S. Cottrell & Associates, Inc., agent for Autocare Centers of America,
contract purchaser, is proposing to rezone from C-3 (Community Commercial District) to PCD
(Planned Commercial Development) 3.63 acres of property located approximately 160 feet
south of the southeast corner of Congress Avenue and Woolbright Road (see attached
location map in Exhibit "A"). The proposed Heise PCD provides for the construction of an
8,085 square foot building designated for retail use, and a 10,446 square foot automotive
repair center comprised of three bays; 1,612 square feet for oil changes, 1,818 square feet for
a detail shop, and 7,015 square feet for tire sales and installation (see attached master plan in
Exhibit "B"). The future land use classification will remain as LRC (Local Retail Commercial).
PROCEDURE
Pursuant to the City of Boynton Beach Land Development Regulations, Chapter 2, Section 9
(Administration and Enforcement), when a rezoning request does not require an amendment
to the future land use map, staff analysis is not required to include an evaluation of the project
using the eight criteria under Section 9(C)(7). Since this request is only for rezoning, the
above-described analysis is not required. Unlike a rezoning to a conventional commercial
district (C-1, C-2, C-3 or C-4), rezoning to a planned commercial district requires simultaneous
approval of a master plan. The analysis contained herein evaluates the performance of the
proposed master plan, issues of particular concern, and includes selected portions of the
above-described criteria which pertain to impact upon municipal services, consistency with the
Comprehensive Plan and compatibility with adjacent properties.
ADJACENT LAND USES AND ZONING
The land uses and zoning in the surrounding area vary and are presented in the table that
follows:
Direction
ZoninQ
Land Use
Page 2
Planning and Zoning Division Memorandum No. 97-293
Heise PCD
File No. REZN 97-001
North C-3 McDonald's-Amoco service station
Farther north n/a Woolbright Road right-of-way
East C-3 bank
Farther east C-3 multi-story office building
South R-3 residential-Christian Villas
Farther south n/a S.W. 19th Avenue right-of-way
West n/a Congress Avenue right-of-way
Farther west C-3 vacant bank building
PROPOSED DEVELOPMENT (see proposed master plan - Exhibit "B")
The applicant is proposing to rezone the subject property from C-3 (Community Commercial
Development) to PCD (Planned Commercial Development) for development of automotive
retail and service uses. According to the applicant's justification statement, the extent of
automobile repair would be limited to "minor repairs". The specific "minor repairs" proposed
include oil changes, tire replacement, detailing and engine adjustments. Engine or
transmission repair or body work would not be permitted on the premises as these operations
are defined by code to be "major repairs" and are prohibited in this zoning district.
Compatibility of the proposed use with the surrounding land uses is discussed under
ISSUES/DISCUSSION.
The Land Development Regulations, Chapter 2, Section "F"-Planned Commercial
Development District, contains the following site regulations with which this proposal must
comply:
Minimum perimeter setbacks ............................ front 40 feet
side 30 feet
rear 40 feet
Minimum land area............................................ 3 acres
Maximum lot coverage ...................................... 40 percent
Minimum peripheral greenbelt width .................10 feet; 25 feet when abutting residential use
Maximum structure height...... ...................... ..... 45 feet
Utilities:
Water and Sewer - A privately owned and operated lift station is to be constructed that would
pump sewerage generated on the site to the City's sewer system. The development proposal
Page 3
Planning and Zoning Division Memorandum No. 97-293
Heise PCD
File No. REZN 97-001
for the site has been reviewed and evaluated by staff of the Utilities Department. The staff
comment regarding water and sewer connection is included in Exhibit "C" - Conditions of
Approval, and regards a more logical design alternative.
Drainage:
A conceptual drainage scheme has been provided which includes a dry retention area, use of
grass swales, and a network of catch basins. The plan to use grass swales to pretreat
stormwater prior to entering the drainage infrastructure is consistent with Comprehensive Plan
policies and code requirements. Concurrency certification for drainage is required at time of
master plan approval. There is insufficient information to certify for drainage concurrency at
this time.
Access and Internal Traffic Flow:
On-site traffic flow is a two-way, looped system connected to three separate ingress/egress
driveways with widths varying between 20 and 27 feet. Two of the driveways are on Congress
Avenue, and the third driveway is on Woolbright Road. According to the traffic impact analysis
submitted the number of trips passing through the driveways will not exceed the threshold
which would qualify any of them as a "major access drive" (major access drives must have an
access aisle at least 100 feet long). The Palm Beach County Traffic Engineering Division has
reviewed the traffic analysis and finds this project consistent with the Palm Beach County
Traffic Performance Standards ordinance.
Topography, Soils and Vegetation:
In general, the topography of the site has a minimal slope between 0 to .5 percent. The
elevation of the site varies between 14.4 feet in the northern part of the property to 12.1 feet at
its southern part. At the northern portion of the site, there is a cracked and deteriorated
asphalt slab measuring approximately 47 feet by 220 feet. This slab was left after a lumber
store was razed on the property approximately six years ago. With respect to soil
characteristics, the subsurface conditions were not submitted for evaluation, nor was the
required information submitted on site vegetation (see conditions #15 and #31 in Exhibit "C").
ISSUES/DISCUSSION
A) CONSISTENCY OF REZONING WITH ESTABLISHED LAND USE PA TTERN
The proposed automotive service uses are allowed in the existing, C-3 (Community
Commercial) zoning district, as conditional uses; however, with the additional stipulations that
the property consists of at least five (5) acres, and the use be located within the principle
building of a shopping center. Since the size of the subject site is 3.63 acres, and since the
permitted uses of the PCD zoning district regulations refer to the C-3 regulations, this proposal
could not be approved in the C-3 or PCD zoning districts without a change to the regulations.
In response to this limitation, the applicant submitted a request for a code amendment to
reduce the above-described, minimum size threshold to three (3) acres for automobile uses
within the PCD zoning district. The City Commission considered the code amendment request
at their May 20, 1997, June 3, 1997 and June 17, 1997 meeting, and postponed second
Page 4
Planning and Zoning Division Memorandum No. 97-293
Heise PCD
File No. REZN 97-001
reading of the ordinance until their July 1, 1997 meeting. Based on the advertised review
schedule for this rezoning, final approval of the code amendment by the City Commission will
be considered at the same meeting as the rezoning. Since the code amendment is a
prerequisite for the proposed rezoning, the original staff intent was to separate the two (2)
processes. However, legal department staff has determined this timing to be acceptable.
In general, the proposed use is compatible with the established land use pattern, as the
surrounding uses, with the exception of the residential development to the south, are of a
commercial nature. The residential development to the south will be separated and buffered
from the proposed project by an existing 6 foot high masonry wall and a new 25 foot wide
peripheral greenbelt (the code requires the greenbelt to be 25 feet wide adjacent to residential
zoning districts, and 10 feet wide adjacent to other zoning districts). Also, as the proposed
code amendment stipulates, the automotive uses in the PCD are proposed to be located, at a
minimum, 200 feet from the nearest residence.
B) COMPA TlBILlTY OF PROPOSED REZONING WITH PUBLIC FACILITIES
At the time of master plan approval, a review for concurrency certification must occur for
drainage and traffic facilities. Concurrency certification is issued after the determination that
adopted levels of service standards are currently met, and will be maintained despite impacts
of the proposed project. The facilities, along with the respective evaluations, are as follows:
Drainage: Insufficient drainage information has been submitted for the Engineering Division to
certify compliance with the city's drainage levels of service at the time of site plan approval, as
required. The Engineering Division is recommending that this be postponed to time of permit
review.
Roadway Capacity Analysis: As indicated in the section above titled PROPOSED
DEVELOPMENT, the traffic analysis submitted by the applicant was reviewed by Palm Beach
County Traffic Division. They have determined that the project will meet the requirements of
the Palm Beach Countywide Traffic Performance Standards Ordinance.
C) ANTlCIPA TED ISSUES RELA TED TO PROJECT DESIGN
According to the PCD regulations, the intent and purpose of the PCD district is "to provide a
zoning classification for commercial developments that will better satisfy current demands for
commercially zoned land by encouraging development which will reflect changes in the
concepts and technology of land development and relate the land development to the specific
site ...". Automotive centers that combine a range of automotive retail and service uses have
become popular and are in demand. Whether a PCD containing these uses should be
allowed is dependent on whether the rezoning master plan meets certain code definition
criteria for a PCD. Specifically, does the master plan provide for "efficient and harmonious
design so arranged as to create an attractive project readily integrated with and having no
adverse effect on adjoining or surrounding areas and developments"? To evaluate
compliance with this requirement, staff has identified landscaping/buffering and building
Page 5
Planning and Zoning Division Memorandum No. 97-293
Heise PCD
File No. REZN 97-001
design as issues that must be analyzed with the rezoning, rather than later at time of site plan
approval, and balanced with the less desirable characteristics known to be associated with
automotive service.
Issue #1 - Building design
A site plan application for this project has been submitted, which contains detailed information
regarding layout and architecture of proposed buildings (see Exhibit "B" for site plan and
elevations), landscaping, drainage and vehicular circulation on the site. There are two
buildings proposed which will be located along Congress Avenue. The retail use would be
within a stand-alone building which is to be separated from the automotive uses by an access
driveway. The automotive service complex consists of three attached buildings. The site is
proposed to be designed with the buildings located toward the center of the property, parking
located along the perimeter, and the drainage retention area located at the southeast corner of
the site. Due to the small size of the subject property and the McDonald's/Amoco outparcel
which was subdivided from the subject property, it is important that the buildings on the two
properties "read" as one integrated project. Therefore, staff is recommending equal building
setbacks, connection of the PCD buildings and incorporation of the McDonald's/Amoco
materials and color into the PCD. This is also consistent with the Community Design Plan
which requires that "buildings or structures located on separate parcels and buildings or
structures which are part of a present or future multi-building complex, shall achieve visual
unity of character and design concepts through the relationship of building style, use, texture,
color, materials, form, scale, proportion and location". The adjacent McDonalds-Amoco
service station set the tone for the corner of this highly traveled and visible intersection.
Specifically, staff recommends the following additional building design changes:
. It is recommended that Spanish "S" tiles (terracotta blend), comparable to those used on
McDonald's/Amoco be added to the building.
. It is recommended that a stucco wall finish painted a combination of beige, antique white or
another close-matching color combination similar to McDonald's/Amoco be used.
. It is recommended that trim or accent colors be changed to match the blue used on
McDonald's/ Amoco.
. It is recommended that awnings be covered with Spanish "S" tiles.
. It is recommended that the building height not exceed 23 feet (the McDonalds/Amoco gas
station is approximately 21 feet).
. It is recommended that the trim, arches, pillars and scoring proposed on the west
elevations be extended to all other elevations.
The nature of an automobile service operation requires overhead doors. The industry prefers
them to be placed on two sides of the building to facilitate drive-thru movement of vehicles.
However, it should be noted that this design would not conform to the Community Design
Plan, which explicitly prohibits overhead doors on any building elevation that faces a public or
private street (the doors are currently proposed to face Congress Avenue). Rather than
design the building so that the overhead doors face away from the adjacent thoroughfare, the
Page 6
Planning and Zoning Division Memorandum No. 97-293
Heise PCD
File No. REZN 97-001
applicant wishes to appeal the code. To address the appearance problems presented by the
orientation of the overhead doors toward the adjacent street, the applicant proposes
landscaping to attempt to screen the doors from view. Staff believes that the doors should be
placed on the east side of the building and deleted from the west side. This is less desirable
to the applicant, but doesn't preclude the use of the building as proposed.
Issue #2 - Landscaping/buffering
The code requires that a 10 foot wide peripheral greenbelt be placed on all sides of the PCD,
except where the property abuts a residential zoning district the greenbelt must be no less
than 25 feet wide. The portion of the greenbelt proposed on the southern side of the PCD
which abuts residential conflicts with an existing utility/access easement. Staff has requested
that an abandonment application be submitted to vacate the easement. Furthermore, since
design specifications for peripheral greenbelts are not established by code, it is important that
this be established now. Staff has developed specific recommendations for each of the four
buffers (see Exhibit "C" - Conditions of Approval) which consider the need to screen the
service operations when viewed from Congress Avenue or Woolbright Road and the need to
screen views and buffer sound that may be detectable from adjacent residential uses. The
condition of approval regarding building setback also serves to increase the buffer along
Congress.
CONCLUSIONS/RECOMMENDATIONS
Based on the analysis and discussions contained herein, this request is consistent with the
Comprehensive Plan and the Land Development Regulations (subject to staff comments), and
compatible with current and future uses of surrounding properties and would not create an
isolated district unrelated to adjacent or nearby properties. Therefore, staff recommends
approval of the Heise PCD rezoning request, subject to the conditions of approval contained in
Exhibit "C".
xc: Central File
\\Ch\main\SH RDA T A\Planning\SHARED\WP\PROJECTS\AUTOCARE\REZN\staff-report-heise.doc
Jutstandino Conditions of Approval
Project name: Heise PCD
File number: REIN 97-001
I I I NOT
DEPARTMENTS ADDRESSED ADDRESSED
I PUBLIC WORKS I I
Comments: None
UTILITIES
Comments:
1. The Utilities Department requests a meeting with the project X
engineer to discuss alternate connection points to the existing
water and sanitary sewer systems. The Utilities Department
strongly recommends a gravity connection to the existing sewer,
southeast of the parcel.
FIRE
Comments: NEW COMMENTS DUE TO NEW CHANGES TO THE
PLAN
2. Show fire lanes - NFPA #1 Sec. 3-5. X
3. Show no portion of any building shall be over 200' from a fire X
hydrant - City Ordinance.
4. All turning movements within site shall accommodate the aerial X
apparatus (i.e., 50' radius turns required).
5. Provide two 20'x50' pads behind the tire store and retail store to X
facilitate setup of aerial apparatus.
6. There must be a minimum 16' width on one-way lanes. X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
7. Provide a master stormwater management plan as specified in X
Chap.3, Art.IV, Sec.3T.
8. Provide a generalized statement of subsurface conditions plus X
location and results as they affect the site. [Chap.3, Art.IV,
Sec.3Pl
9. Obtain Palm Beach County approval to outfall into the Congress X
Ave. storm sewer system.
Page 2
Heise, PCD
File No. REZN 97-001
NOT
DEPARTMENTS ADDRESSED ADDRESSED
10. All comments (except 11 and 12) shall be met prior to permit X
issuance.
11. All documents submitted shall be signed, sealed and dated by X
the appropriate desiQn professionals per F.S. 471.025.
12. Owner shall provide the city with an acceptable hold harmless X
letter to insure against any errors or omissions on the survey
submitted by R.L. VauQht & Assoc., Inc.
13. Along the west side of the building there shall be a five foot wide X
sidewalk and a two foot wide planting area which will require
that the building move one foot to the east.
14. It is recommended that loading zone screen walls be eliminated X
and areas striped appropriately (requiring an appeal to the
Community Design Plan to be filed). Walls will impact safe and
efficient traffic circulation.
15. It is recommended that the project not be considered by the X
Planning and Development Board if items 6 and 7 are not
submitted prior to the Board meeting.
16. In order to facilitate entrance to the site from the adjacent high X
speed arterials, all ingress driveway widths shall be 14' wide.
BUILDING DIVISION
Comments:
17. Since the site and building signage depicted on the plans does X
not reflect code specifications regarding color, size, style or
type, either amend the plans to show the specifications in
compliance with the code or place the following note on the
master plan and building elevation drawings: "See sign program
for specifications regarding site and building signage." [Chapter
21 - Sign Code, Article IV, Section 71
18. Amend all plan view drawings to show compliance with the X
Florida Accessibility Code regarding an accessible path leading
to the entrances of the buildings from the existing sidewalk
located within the abutting right-of-way. [Chapter 20 - Building,
Housing and Construction Regulations, Art. I, Sec. 5 of the
City's Land Development Regulations]
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENTALIST
Page 3
Heise, PCD
File No. REZN 97-001
I DEPARTMENTS
Comments:
19. The applicant must submit a tree survey and a tree
management plan for the project and indicate on the landscape
plan which trees will be preserved, transplanted, or removed
and replaced. These trees are in addition to the trees required
by the Landscape Code (Environmental Regulation, 7.5, Sec.4,
p.2, Sec.12, p.3).
20. The applicant must submit landscape and irrigation plans for
that portion of the Congress Avenue grass median which abuts
the site. Comprehensive Plan, Policy 2.4.5, p.42. in compliance
with the landscape design policy and an existing landscape
design for the median can be obtained by contacting the City
Forester.
PLANNING AND ZONING
Comments:
21. Submit a deed that contains a legible legal descriotion.
22. Complete the submitted "Comparison of Impacts" by indicating
the proposed water consumption and sewer generated for the
subiect oroiect.
23. Submit the original of the signature page of the application (with
original signatures of the property owner and agent) to
supplement the copies submitted.
24. Submit a legal document that constitutes evidence that the
entire site is under unified control as required for PCD rezoning
applications. [Chapter 2 - Zoning, Section 6. F. 3. Of the Land
Development Regulations] The legal document shall be titled
"Unified Control Document". The document shall, at minimum,
contain the following statements:
a) I property owner of the
property described within the attached Exhibit "A" and Exhibit
"B" declare that that this document shall bind in perpetuity all
heirs, assignees, successors and future property owner or
owners, if any, to develop, operate and maintain said property
under unified control, in compliance with the City of Boynton
Beach Code of Ordinances and conditions of approval of all
Development Orders or Development Permits issued for the
property, without recourse to the city or any other public agency.
The name or title of the entity responsible for developing,
operating and maintaining the subject property under unified
I ADDRESSED I ~g~RESSED I
x
x
x
x
x
x
Page 4
Heise, PCD
File No. REZN 97-001
DEPARTMENTS
control shall be . This entity shall be
identified on the plat and plat dedications with the signatures of
the controlling party or parties identified on the plat. This
document shall not be amended or modified without written
consent from the City of Boynton Beach City Attorney or
attorney designated by the city attorney.
b) Exhibit "A" shall include the recorded deed or deeds of all
properties included within the subject request and the deeds
shall include the legal description of each property.
c) Exhibit "B", shall include a separate legal description of the
entire property included in the subject request. Where
applicable, the legal description shall combine all individual
properties that are part of the request into one legal description.
The legal description shall indicate the total acres and be
signed and sealed by the surveyor of record for the project. The
surveyor shall certify that the legal description is a correct
representation of the property identified in Exhibit "A" and is the
same property identified for the PCD
property request to rezone the subject property from Community
Commercial, C-3 to a Planned Commercial Development (PCD)
zoning district, as identified in the application submitted to the
City of Boynton Beach on March 5,1997.
d) The original executed and notarized document shall be
submitted to the city for review by the city attorney.
25. Provide consistency regarding depictions of setback
requirements for the site. The required front yard (facing
Congress) setback in a PCD is 40 feet. Dimension all building
setbacks.
26. On the master plan, show required setback along Woolbright
Road.
27. Provide consistency with regard to the name of the project.
Master plan shows Boynton Shoppes, PCD and shows Heise
PCD.
28. Provide a unity of title document for Tract "A" and Tract "B".
29. The south perimeter landscape buffer shall contain, at minimum,
ground cover, an 18 inch high berm, a six foot high concrete
block wall, clusters of three shrubs or palm trees every 30 feet,
a 24 inch high hedge and canopy trees 12 feet tall with a
maximum spacing of 30 feet on center. The north, east and
west buffer shall be the same as the north buffer, but without the
wall. Fifty (50) percent of all the landscape material in each of
NOT
ADDRESSED ADDRESSED
x
x
x
x
Deleted
Page 5
Heise, PCD
File No. REZN 97-001
I DEPARTMENTS I ADDRESSED I NOT I
ADDRESSED
the above buffers shall be native Florida species.
30. Provide statement of the subsurface conditions. X
31. Indicate the use of the portion of the property immediately east X
of the Woolbright Road egress/ingress driveway. This entrance
shall be appropriately landscaped to beautify the entrance from
Woolbriaht Road to the development.
32. Three copies of the master plan, rectified to address all X
conditions of zoning approval, shall be submitted prior to site
plan approval or plat submittal.
33. Align the egress/ingress driveway and the internal driveway in X
the central part of the property to improve safety of the internal
vehicular system.
34. Trim, arches, pillars and scoring proposed on the west X
elevations shall be extended to all other elevations.
T JH/dim
J:\SHRDA T A\PLANN ING\SHARED\WP\PROJECTS\AUTOCARE\REZN\COND. OF APPROV AL.DOC
EXIBIT "D"
Conditions of Approval
Project name: Auto Care Centers of America
File number: MSPM 98-002
Reference: The plans consists of 1 sheet identified as Auto Care Centers Sign Program with a October 6. 1998
M dZ . D d b
anmmr an omnlJ" eoartment ate stamo mar nO".
I DEPARTMENTS I INCLUDE I REJECT I
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
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
1. Add to sign details color codes to properly delineate exact colors X
proposed.
2. Reduce both pole signs below the maximum height of 20 feet. X
3. Replace the single pole base on the secondary sign with the arch-enhanced X
base proposed for the primary sign without increasing sign area.
4. Reduce width of primary pole sign to width of secondary sign (11 feet) or X
less to reduce the bulk of the sign and increase compatibility with project
scale.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
Page 2
Auto Care Centers of America
File No.: MSPM 98-002
DEPARTMENTS INCLUDE REJECT
5. No recommendation formulated. X
ADDITIONAL CITY COMMISSION CONDITIONS
6. Confirmation by staff that revised free standing signs comply with all X
regulations and conditions contained herein.
7. "Future Tenant" space and unidentified space shall be restricted to a consistent X
color and font.
MWR:dim
J:ISHRDATAIPLANNINGISHARED\WPIPROJECTSIAUTOCARE - HEISE PCD\MSPM 96-002ICOND. OF APPR-2ND REVIEW.DOC