Loading...
REVIEW COMMENTS 7.A.2 FIDELITY FEDERAL ZONING CODE VARIANCE DRIVEWAY DISTANCE FROM STREET DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 98-250 Date: August 21,1998 Petition: Case No. 257 File No: ZNCV 98-010 (distance of driveway from street) Location: 2505 Woolbright Road Owner: Fidelity Federal Bank of Florida Project Name: Fidelity Federal Bank of Florida Variance Request: Variance from the City of Boynton Beach Land Development Regulations, Chapter 23 Parking Lots, Article II.H.3., Driveway Distance from Street. BACKGROUND The subject property, owned by Fidelity Federal Savings Bank of Florida, is located at 2505 Woolbright Road, (see Exhibit "A" - Location Map). The property owner is requesting relief from the above-referenced land development regulation which requires that parking lot driveways be constructed at least thirty (30) feet from the intersection of the right-of-way lines along local streets, and one hundred eighty (180) feet from streets of higher classifications. The proposed driveway is located on a major arterial (Congress Avenue), therefore, the 180 foot separation is required. As indicated on the site plan currently being reviewed, the applicant is proposing to construct a new bank with drive-thru lanes and completely re-design the subject site located at the northeast corner of Woolbright Road and Congress Avenue (a second phase is planned to include an office/retail building). The subject parcel is approximately 2.14 acres in size with approximately 490 feet of frontage and two (2) driveways along Woolbright Road, and 178 feet of frontage along South Congress Avenue. The special conditions and circumstances that exist are that the subject property, as mentioned above, is narrow along the Congress Avenue right-of-way. As such, adding a driveway access point on Congress Avenue that complies with the City ordinance requirement of 180 feet is physically impossible. The existing bank building was approved in 1978 and functioned without a northern driveway. In connection with the redevelopment of the bank building with additional drive-thru lanes, and the planning for a future retail/office building, a driveway onto Congress Avenue is requested. The proposed driveway is located 128 feet north of the intersection. Therefore, the applicant is requesting a variance of 52 feet. (see Exhibit "B" - Site plan). The following is a description of the land uses and zoning districts of the properties that surround the subject property: North - Boynton Beach Leisureville , zoned R-1-AA; South - Amoco/McDonald's, zoned C-3 East Residential development, zoned R-1-AA; West Mobile Service Station, zoned C-3. / Page 2 ZNCV 98-210 ANALYSIS The code states that zoning code variances cannot be approved unless the board finds the following: a, That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. b. That the special conditions and circumstances do not result from the actions of the applicant. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. f That the grant of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Staff has reviewed the criteria used in justifying a variance, as well as site restrictions, and proposed design requirements. Staff has determined that minimizing traffic impact at this location is partial justification for granting this variance. The site's narrow configuration precludes the ability to have driveways on separate thoroughfares, thereby preventing both proper distribution of traffic and safe and logical internal traffic flow. Having an additional driveway that will only enter into northbound traffic onto Congress Avenue, would minimize the impact onto Woolbright Road, particularly at this close distance to the intersection with Congress Avenue. During the scenario when the traffic signal is red to westbound traffic, traffic exiting from the site could back up into drive-thru lanes of the bank, or further congest the roadway. A driveway alternative on Congress Avenue will lessen this potential traffic problem. While some consideration was given to this driveway onto Congress Avenue when the site was originally planned, the primary concern then was its close proximity to the L.W.D.D. L-26 Canal. The applicant has contacted the Lake Worth Drainage District, who has indicated that they have no objection to the proposed driveway. In keeping with the City's Land Development Regulations, the applicant's response to the above criteria is included within Exhibit "C" Statement of special conditions, hardships, and/or reasons justifying the requested variance. In summary, granting this variance is justified by the following reasons: a. Special conditions and circumstances exist which are peculiar to the subject property; b. The literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties similarly zoned; c. The variance requested represents the minimum variance needed to utilize the western side of the property for access (the proposed driveway is located at the northern extent of the property, the farthest distance from the intersection); and d. That the granting of the variance would be harmony with the general intent of the regulation to promote safe and logical traffic circulation. ~ Page 3 ZNCV 98-210 SUMMARY/RECOMMENDATION Based on the analysis contained herein, staff recommends that the request by Fidelity Federal for a variance from the City of Boynton Beach Land Development Regulations, Chapter 23. Parking Lots, Article II.H.3.Driveway. Distance from Street, to allow a 52-foot reduction in the required distance, or a total distance of 128 feet, be granted. This recommendation is subject to the conditions of approval indicated within Exhibit "D", Conditions of Approval. MR/DD Attachments xc: Central File S:\Planning\SHAREDlWP\PROJECfS\Fidelity Federal\zncv 98-0IO\Slaff rep driveway disrance vat.doc 3 '-c :f'( f\OE.\\ \ . \ \ \ I. p....f' -- , ' . . E~n'''''' _. ------- '~ ~. "- --",. I I " -" I 30 , . J~ ' fl' ,~) ! , . ,I i";:' ,''!c> ~-____ 31: I f e( I "./ ~) III Ql40... ~I ------- ih EXHIBIT "B" .; ? : :.:: Ji m ~~.., ;--m~ - ,- I _",'" .s~;- '{- ,> .; \ ~ \ .\ , \' ~ _ CONGRE~S AVENUE 'r--_ . - ~; T) 'f) __ ~ "" ~~U~~ ~ ~~ : ~ ~ ~~~ ~:~ :~: ~~ l> ~}> I} ':tl ~ ~~ ~E ~ ] ~ ~ ; : H~ ~:~ -2,: :;'.i.: ;"\1 en =1 m CJ t- --l ,1' ~ , '. ~ ~ ') ,~ '" ~ t - ~ j ~ CD ~~ ,:" ~ I!> , , - ,I i~ I ~ :.. rt]1! ::ffi:'~ ,:~ , " , I ~ I e I , ''I" il I ~i fil. 'J' i I ~ ; -:--1:;- 4~:- ~~'N ~~ jl:1 ~r. ! i- i cf " - ~ ~ :i:C,"'1)a .- ~~~~ !~S. "'",[ 0 ~z'g~ (f) () ~~~~ () ~'" l> 1> -I (t~~~ r ~ ~ Cj) 0 .~~ m ~ -l ~ m Z ~;$.~ -. ~ "J ~ :5: z;:~ Q 1> 0........,.. ,., I lJ ~, r;j.'j;9 -0 "'~~ 0 9-7 "''' ~ ~ ~~ FIDELITY FEDERAL City of Boynton Beach. FlorIda Drivew8 ~ ~!,riance , ----- ~ - - -':10' o.M K'_ l.t-','~n t c , i I i i .J = ~Z~~ c:,r;:."' ~ ~~ I~ Z " ~ I' 1\ '" E: z ~ " _U < " " ~ % i " Kilday " Assoclat.. landscape Architects/Planners 1551 Forum Place S\Ji'e 100A. Wesl Palm a.ocn. Florido 33401 (561) 689-5522 .FoX'(561) 689-2592 Kilday & Associates Landscape Architects / Planners 1551 Forum Place, Suite 100A West Palm Beach, Florida 33401 (561) 689-5522 . Fax (561) 689-2592 E-Mail: info@kildayinc.com EXHIBIT "e" JUSTIFICA TION STATEMENT FIDELITY FEDERAL V ARIANCE REQUEST 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. Response: The applicant is requesting a variance from Chapter 23 Parking Lots, Article ILH.3. Driveway. Distance from streets.This section states that parking lot driveways shall be constructed at least thirty (30) feet from the intersection of the right-of-way lines along local streets and one hundred eighty (180) feet along streets of higher classification. In this particular situation, the proposed driveway is located on a major arterial (Congress Avenue), therefore, the 180 foot separation is required. As indicated on the site plan submitted with this application, the applicant is proposing to construct a new bank with drive-thru lanes and completely re-design the subject site located at the northeast comer of Woolbright Road and South Congress Avenue. The subject parcel is approximately 2.14 acres in size with approximately 490 feet of frontage and two (2) access points along Woolbright Road and 178 feet of frontage and no access points along South Congress A venue. The special conditions and circumstances that exist are that the subject property as mentioned above is narrow along the Congress A venue right-of-way. As such, adding a driveway access point on Congress Avenue that complies with the City Ordinance requirement of 180 feet is physically impossible. The intent of the site re-design is to create better traffic circulation for a parcel located at a major intersection where typically access is available on both public road rights-of-way. The proposed driveway is located 128 feet north of the intersection. Therefore, the applicant is requesting a variance of 52 feet. That the special conditions and circumstances do not result from the actions of the applicant; .!' Response: The special conditions and circumstances do not result from the actions of the applicant. The subject property is a legal lot of record with only 178 feet of frontage along Congress Avenue. It is physically impossible to meet the 180 foot requirement including the proposed driveway. JUSTIFICATION STATEMENT FIDELITY FEDERAL Page 1 of 3 ~ 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; Response: As stated above, most parcels located at a major intersection such as this one have access points located on both public road rights-of-way. The primary difference with this parcel is that it does not have sufficient frontage along South Congress A venue to comply with the City Code. It should be pointed out that while the proposed driveway does not comply with the City of Boynton Beach requirement, it does comply with the Palm Beach County Engineering and Public Works Department Access Management Standards requirement of 125 feet (see attached). 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; Response: As discussed above, most intersection parcels such as this parcel have sufficient frontage on both public road rights-of-way to allow access points on both road rights-of-way. With the new site design, the applicant is proposing to add a driveway onto Congress Avenue because it is a necessity to improving a currently existing sub-standard traffic circulation situation. Specifically, north and eastbound traffic currently must currently travel east on Woolbright Road and then make a V-turn to return to one of the two (2) existing driveways on Woolbright Road. It is highly probable that existing poor traffic circulation associated with this site contributed to the failure of the previous tenant which was a bank. E. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; Response: As stated above, the applicant is requesting a variance of 52 feet from the 180 foot corner clearance distance City Code requirement. As indicated on the attached site plan, the applicant has located the proposed driveway the maximum distance from the intersection while maintaining the Lake Worth Drainage District's required 20 foot easement and a required 5 foot landscape buffer. The proposed driveway will only '-pro~!de for right-in and right out turning movements. 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. Response: The granting of the variance will be in harmony with the general intent and purpose of the Chapter 23 of the zoning code and, the variance will not be JUSTIFICA nON STATEMENT FIDELITY FEDERAL Page 2 of 3 1 injurious to the area involved or otherwise detrimental to the public welfare. As indicated in Chapter 23 of the City zoning code, the purpose of Chapter 23 among other things, is to provide regulations that provide a minimum set of standards to be followed when parking lots are constructed in order to protect the health, safety and welfare of the public. Also, the purpose of this chapter is to provide a set of regulations to govern the design of the parking lot. As previously stated, the applicant proposes to re-design the parking lot in an effort to create a safer, non- circuitous traffic circulation on site and at the intersection of Woolbright. This proposal will in effect improve the operation of the intersection of Woolbright Road and Congress Avenue by removing egress traffic that currently must utilize the intersection. As a result, the proposed variance and site re-design is a necessity for providing public health, safety and welfare. ," JUSTIFICATION STATEMENT FIDELITY FEDERAL Page 3 of 3 <J EXHIBIT "D" Conditions of Approval Project name: Fidelity Federal File number: ZNCV 98-010 Reference: Zoning Code Application dated Julv 21. 1998. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTERlENVIRONMENT ALIST Comments: None PLANNING AND ZONING 1. Approval from Lake Worth Drainage District (LWDD) due to close proximity of proposed driveway to the L-26 Canal bridge. 2. Approval from Palm Beach County for access onto county roadway. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 3. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS I 4. To be determined. I I I /bme s:\projects\cond of appr\ OJ DEVELOPME' ORDER OF THE CITY COMMISS'-'! OF THE cn f OF BOYNTON BEACH, FLORIDA PROJECT NAME: Fidelity Federal APPLICANT'S AGENT: Lindsey Walter, Kilday and Associates, Inc. APPLICANT'S ADDRESS: 1551 Forum Place, Suite 100A, West Palm Beach, Florida 33401 DATE OF CITY COMMISSION PUBLIC HEARING: September 3,1998 TYPE OF RELIEF SOUGHT: Zoning Code Variance (street setback) LOCATION OF PROPERTY: 2505 Woolbright Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS 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 X 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 lHAS 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 l 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:\SHRDATA\Planning\SHARED\WP\FORMS\Dev. Orders\DEVELOPMENT ORDER REV. doc 10 **********~****************************** * TRANSMI .~ESSAGE CONFIRMATION REPORT ****************************************~ NAME:BOYNTON BEACH DEV BLDG TEL:5613756357 DATE:08/06/98 11:05 TRANSMIT:407 689 2592 DURATION PAGE SESS RESULT TYPE: MEMORY TX I MODE I E-96 00'41 01 258 OK ..t. '", . ", '). -- ", ~. I.;' , ;. . ~{I' t~.!, ._~:,t'.'4~ ""., . ';':",:.,.: ,':f~J;: :':"'~::~'.:" r . . '. , .. r . ,'-11- -- . . '-(~I' l \ IV\;) ~:. -::;. r' 1.., J -i-,::""l,. ":",~\'L ~1 ,.'" ...t.t "" ,tl, } \ .} 1;'1 Z- . ',.'~" ,'C :.' \~~;{~.~,:~',iii;:;:-.!~,;:~..;:. ../.:.,." !'~~' ". it~,,1. ?" ".1,~:' ,~,!' :.,." ~\:;V'" .' . .~~,. .,. ,. :( .. . .) .,...,.. ~;~h. . ~ ~'; , , . _: . ..:;T.i;~...:;.~~, 'I~';~' '. . ...T.r..... "*,.... .' ':'t~:: '~:l~h.~" '." .'~ ~:~:' .~ I i'" ,:' ..:"...".~~;?~~~~-, ':~~.tJ.'. '. , .",.r :t'ft:.-".' .',( I~' .~:.~~. ':~';"i'~~" '., '''E'''c ~, .::,':q~,W.;': C'TYt~"~f . BOYNTON 6EACI ~ '.~ ~.1' .-'--~.7.:. ~ ",_; .:-:.;.;:.._..:.:~~_~ .IT ~. " J.~f; .t; :" .0.....'0,. It. .......:.=:.: .c.... ",,"o~......:,~~. Ocl:c~~r (' ......1 : .. ~' ...........,.,~'.~-~. c~.~ Mr, eprn~otl: ~- ,,": ..tit"* . Ai' d '-- . - " \ .' " l'lr. R",b.rt A. S..."u>t.t.. A..t~:"litv4:;h ~837 26~h ~t~~nt. Nnr~h 8t.....p.U.rllb\lrCJ. Florid.. l.:~lJ '...~~~::rl.9."h> rl.ut ~~"'t.i",,,,d Pank . .ranch t'l"nk On TUI'"!s;,r'ay.. .:".=''t.cbc!r lEi:...... ...._...,.q~ ~llt ('it)' Ct~'l."I..~'l:_ lPP~~.",:,'d the ahovP.' I\Ltc .:.....lo;r::""..n.. p:rtll r~_Lbj.t:~{:t. to thE!' ~r.-t]I1'-:..~:;~ P:"""-.i\eerinq Cr.-pt: <;,,~j"c':: ~Q ,...."',0. ,H,..,,-,"c'd, .u'il~!n9 Cei:t: Ut11:';I.'t;i.. o,'pt.. I PoU~e Dept. ~L.bjfllo';;-:' ;:D ~l:!'-;:), a.~_t.i1r'~"r]: S L.~'bjec" CoO ~1"a(); \1 t. t -\...... .'.~~"l; ~.~;~\",,-,..:: ". I~;~~'\ ~. .:~~~ \.~ ,','.1 ~~~~~'I : 'f'.'~;;; :.>:~~~:(' '.' .... ~bt.1c WOrk..: 'J..nl'!~'iJ Depl., 1. AcJiIIt..,.....t:. .x.t~riul' 1 :..,ht i011 .tnr1 rar1c.'i.n"'j 1rot;, light. rlfqUiJ'~1 2. STOP .1vn r.~uir~~ .~ ~4.~ entrance, l. "i9bt-t~r~ only siqn and S~)P .ign a~ ~~~l ent.l:a~ an 1tDol.briqht ROad j No underground 'iJarb.~ge ~~~5i 1. EI1.iMl.* dr ivc......V id C.."'jr...... Av...".... l.-/<'., 0."- or pl'oxiJl.t.ll:Y to t,-<lli C'-'TI.l bri<l~e illnd tnter5~,~q jt>" of WOol~~.ht ~nd CCn9r@ss Ave""e, ~. He4"~G reollr con1il.HPnt with Sl'!et.IOIl O&"L (1.......i"'1 1l."9ulaCl__) l, Pr_lde arrows \tI I'.rk in'iJ lotI 0& . Pr:OYid.lana .1l...1.<I..r.. '''''''''11' 1 0 p~li:k in." "F'~'" ""'; !... ,"raw:i.iJ. 5-ft. landct.(:..JJ:'.... hllfr~r an east. "i,l(~ .,( east d..hre. :~:,~. . ,: .~-!.. cornmun ~ ~.y AI'l''''' r fl"';" Board: !h~'(' ,:tilt )e~d l'""Iin,"-"~.!"". ,,'