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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 -- "'"\ "^~, OG~\O\~Ot't'€.S f!,d-<~~O~ 5 ~ '\ 1<0 ~,'O, \. \\ \ \\ _10 ,,~~i . ~J \,..-' -. .... .... Q """",1 'q'''''' ~o,uI'o" ,0 100 \~ n ~ ~ ..-; . 1 -r '\ '\~~ 1~~ \~~\"Il~\ ~-~~... ~ '~ ~ .,., l~ ~'" ~ \ ~"'\\>'Ib'il 'IIi'lb'lii'ili .. . "000 ca.! ",_ _ \ $~1.'" %.~l'\~ ~~s ~~_'~~_.~ . ~~na 2. ~ '" S}"ii ~ \~1~1 ~...~ o::l ~'tf,; '" \ 1'l~~'J \~'l'. ~ ~ 1 nu \it. \ i ' 1 \ > ~ q- . \ ,. u"~ ..,. 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Will sgddoqS UOlUAOg ~ ~ f!f~f __aL1 I I I I II ~~ . !f ~l5 " " i~ J e. r ~ 0 ~ U H h gi H i i .. ,~ 3~- !~ E E H ~I ~~ "0 H ~! 2 .. jt ~I U . t:"i E~ !! .~ "I ~ ~ E~ ~ if ~. ~. " ~ ~> " ~~ ;~ U ~! ' - ::i ~ ;:~ " i if ~~ ~! t " i !. .' r. . . ~~ t. .. - . . ~ :g U U ~~ . ~:: ~~ . i J I! I n ~3 ~I U d ~~ n -{ ~ d ~g Ii ~~ ~~ ~D .. .. H p--= ~ ; ~ ~ - - . . - I ~ ~= ! Ii I i-=-- I . . g ~ ~ ~ t ~ . c < f .12 TI o 0 0> ....J al E I Olro E c:: Q: , .2 '55 8? ..iOle.. x..... >- c:: 0 .w-I- w ;::: u "" II) 0 :< 'x () i2 W ~ /--" <I Q I \ ~i ~ l ~) : z I ~-J \ " :s: u \" / "-I '-- z ~ Q ~ 8 ~ ~ s S2 ~. ..... ~ ~ 3 ~ ~ i1i '" ~ Eo S ~... ;;; 2~ :; ~ a DC 0 ~~ ~ i!'g ~ l;o G ~~ ~ ~ ~ oLJ~ ..... f:8 = . ~~ E g~ ~~ ~ ~~ 8 ~; g~ I- ~ < S:f ~~ o c< !.2 <0 :l~ Z i 3Q ;; ~~ ~5 ,:.; V> ::J --' < i2 UJ <: :::E z :s n.. " ~ b ~ -[ RS? " U 0,,", r------, ,..._..J I -= .0 ~ ~ l 0~ ;!ih "' l \ . , ==:..:c'Jr - 1-,--.,.1 f I j~ f ~! ;B~ ~ ,.-, f~ t! ~:5 ;3.: /-..., L_\+~-,:i '...._-/: I : I : I : ~ o I ~ --/ p f-- rI ~ \_-) ~ f~ :L ;5~ ~ ~ C)'" "' Ii !;> R K~ b III -0 o~ I I I Ii 11 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" -<I "/'l~ ----r:f8.y. '(_,:~ /. ! 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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. 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'- .~ / :::\ :< ~-..-/ ;....1 ------ tJ \,~ J 0- --' ~ __, J' , _.-.--///,._./----------- 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 I i I , I I i I I .f:\iCLUDE I I I I I I I I REJECT II il iI I 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 MR/dim S:\P!anning\SHARED\V.JP\PROJECTS\8oynton Shcpces (Z:-~C'J Side Settac.-<:)\....evisedSTAFF RE? PZ :0-253 do:: \.-' - ~ ~p..F - > f'cp...no s\"'\oPP€.S .eo--(tr\o~ \ I :::\~~\\ " \, ..' ; . '-. ~-:.s~ '\ I>. ./~~ (\ \:.t \ ~, \.. 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(REQUIRED HANDICAP ACCESSIBLE ROUTE C:::......, ~ Q LLO' 08" \ \/ --.;LJ / , IJ =0 .30 <va e::: n' i F.FjJ.L. I 15.qO Buildi,~,g ,I~eight I I L 2-.-. flh. L..:::::::J I I I / @ II ~I , : I , I I~ LocGing Arec -.--.. 12' x 35' I '; ;; :.,; ~, ~ 1 ~ -, i / .-5 - - / ,:: ~...., ':~__:'<4:':J: .; ,.-. : ~.-: - . I. w... (j) ( IkOx1uumDs:e, ~ Locc::on ,.,"vd;...... i '.fin. 10' x 1!~' . '----..-----.-. / ~- <.. 12..c.' p " =' I\equesteo Side Setback I I I I I I I I I I !JO'{ ....1 '" I , I I ALL ENTRYS SHALL BE HANDICAP ACCESSAELE TYP. I J 10' Greenbelt o. 'f.!:~.r wI.) I Co I , I I , I I I 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