REVIEW COMMENTS
7.A.l
1st SOUTHERN BANK PHASE II
(ZNCV 03-021)
ZONING CODE VARIANCE
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 03-279
STAFF REPORT
THRU:
Chairman and Members
Planning and Development Board and City Commission
'V
Michael W, RumPf'i'\.U
Planning and Zoning Director
TO:
FROM:
Maxime Ducoste-A,
Planner
~.
DATE:
November 19, 2003
PROJECT NAME/NO:
First Southern Bank Phase II /ZNCV 03-021
REQUEST:
Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 21.
Signs, Article IV, Section 2(B), limiting a single use to one (1) site sign to allow the erection of
two (2) site signs for a commercial office building,
PROJECT DESCRIPTION
Properly Owner: Hews Woolbright LLC
Applicant! Agent: Charles Danto - Danto Builders, Inc.
Location: 1800 West Woolbright Road
Existing Land Use/Zoning: Office Commercial (OC)/C-1
Proposed Land Use/Zoning: No changes are proposed
Proposed Use: Medical Offices
Acreage: 2,70 Acre (117,726 square feet)
Adjacent Uses:
North:
Woolbright Road right-of-way and farther north is a medical office buiiding, zoned C-1;
South:
Palm Beach Leisureville residential development, zoned R-1AA;
East:
Office buildings, zoned C-1; and
West:
Palm Beach Leisureville residential development, zoned R-1AA.
Page 2
Memorandum No PZ-03-279
First Southern Bank ZNCV 03-021
BACKGROUND
The site is located on the south side of West Woolbright Road, immediately west of the LWDD E-4 Canal (see
Exhibit "A" - Location map), The project was approved as a new site plan in October, 1997, It included two
(2) 2-story medical office buildings with a combined parking facility with 196 surface parking spaces, Each
building will contain 18,000 square feet (see Exhibit "B" - Site Plan),
The applicant, Charles Danto of Danto Builders, Inc, agent for Hews Woolbright LLC. has filed this variance
application for relief from the city's sign regulations to allow the placement of a second site sign advertising
the second building of the approved project (1800 W, Woolbright Road). A sign currently exists on the
property, measuring eighteen (18) feet in height, 63,] square feet in area and advertising the use of the
property and particularly the First Southern Bank, This sign is located at the easternmost entrance to the site,
However, as the sign is located on the subject property, it counts toward the allowed signage for the
proposed use of the entire site, The subject application is to allow a second site sign, which is proposed to be
located at the westernmost entrance to the site (see Exhibit "Bl" - Existing / Proposed Signs and Site Plan).
As proposed, the sign would be the same dimensions as the existing site sign.
ANALYSIS
The code states that the zoning code variance 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 granting 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 reviewed the requested variance focusing on applicant's response to the above criteria contained in
Exhibit "C" and on Chapter 21, Article II, Section 1. Staff responses 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,
Compared with other similar multi-building office projects within the city (i,e, Congress Corporate Center or
Page 3
Memorandum No PZ-03-279
First Southern Bank ZNCV 03-021
Woolbright Corporate Center), the subject property is smaller in size and the subject buildings are closer to
the adjacent right-of-way, Although the Woolbright Corporate Center has only one entrance, the site is much
larger than the subject property which also requires decision making on the part of the patron, once within
the site, to locate the proper building for the intended desitination.
The subject request has been generated as a result of the applicant's intention to provide an additional
freestanding sign, The existing sign is currently, nearly fully occupied by tenants from the first building
leaving little space for future tenants of building two, Therefore, the actions of the applicant have created the
special conditions and circumstances,
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
The response from staff for the preceding item indicates that the literal intepretation of the ordinance will
maintain consistency in its application, Given that site plans are reviewed and approved initially for
compliance with regulations and conformance with quality design and compatibility objectives, granting of the
subject request could represent a special privilege not typically conferred to others, This statement is justified
by the fact that relief would represent the lowering of standards to which other site plans are held, The
provisions of this ordinance does not deprive the applicant of any rights enjoyed by others, Although not
totally comparable, shopping centers are allowed more than one sign, but only in conjunction with additional
street frontages, The subject property is relatively small and has one street frontage.
e, That the variance granted is the minimum variance that will make pOSSible the reasonable use of the
land, building, or structure,
This request does not represent the minimum variance to make reasonable use of the buildings. The existing
sign and both buildings can accommodate the necessary addressing and signage to further identify and
distinguish them as two separate, addressed buildings,
f. That the granting 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 disagrees, as approval of this request would be in contradiction with the purpose and intent of the
regulations, As described herein, the intent of the sign regulations is to minimize unnecessary signs,
The Land Development Regulations, Chapter 21, Article IV, section 2 (B) limits uses within commercial
nonresidential districts (excluding shopping centers) to one (1) double-faced freestanding sign that advertises
the use of the premises, Section 2, B reads as follows:
"One (1) double-faced freestanding sign advertising the use ofthe premises. The maximum area
for this sign shall be one (1) square foot of area for each linear foot of street frontage; no such sign shall
exceed sixty-four square feet in area, No sign shall be taller than twenty (20) feet,"
This application for the First Southern Bank development represents a request for relief from this section of
the city's regulations in order to allow two (2) freestanding site signs, The existing site sign was approved as
an lS-foot high, 63.7 square foot monument sign (maximum allowable - one 20 foot high, 64 square foot
double faced freestanding sign), The additional proposed lS-foot high, 63.7 square foot sign will cause the
development to far exceed the maximum allowed sign area of 64 square feet.
Page 4
Memorandum No PZ-03-279
First Southern Bank ZNCV 03-021
Article II of this same chapter describes those sections of the code (or aspects of a sign) that can be varied
from code through this variance process, According to Article 2, Section 1
"The board of zoning appeals may grant a variance if it finds that the unusual shape or
topography of the property in question prevents signage allowable under the provisions of this
ordinance from adequately identifying the business or other activity located on such property,
The board of zoning appeals may only grant a variance to:
A, Allow a setback less than that required under this chapter:
8, Allow the area and/or height of a sign to be increased by up to twenty-five percent of the
maximum allowable height or area; or
C. Allow the number of sign to be increase over the maximum allowed by this code."
An application for relief from Chapter 21, "Signs" is processed similar to a request for relief from Chapter 2,
"Zoning", including a similar application and notification requirements,
According to the application, two (2) site signs are needed to provide individual site signage for two separate
buildings: signage to seperately identify and advertise the use of the easternmost building (1700 W
Woolbright Rd,), and the westernmost building (1800 W, Woolbright Rd), Just as driveways are seperated for
safety reasons, signs are best minimized and seperated for aesthetic reasons, The proposed sign would be
placed only approximately 250 feet from the existing sign,
Staff summarizes its review by the following points:
1) Staff disagrees with the necessity for an additional freestanding sign based on the position that the
majority of future patrons will not represent passer-by motorists but destination-based motorists
who were aware of the location by address of the subject use upon initiating their trip;
2) The subject request will make the development exceed the allowable sign area required by 63.4
square feet;
3) The project includes large buildings with strong articulated fai;ades that alone provides identification
for local traffic even after landscaping matures;
4) The property's shape and topography does not prevent signage under the code provisions to
adequately identify the business or other activity on the property;
5) The parking facilities are connected between both buildings, allowing freedom of movement
between each, no matter which entrance is utilized my the motorist; and
6) Directory signs are allowed for each building within the site itself (parking lot or adjacent to the
building) to guide the public accordingly,
CONCLUSIONSIRECOMMENDATION
Based on the aesthetic impacts of numerous site signs, and large (or high) site signs, and the desire of the
city to maintain signage in scale and compatible with corresponding and adjacent uses, unnecessary signage
should be avoided, Staff recommends that this variance request to allow two (2) site signs for the subject
project be denied. No conditions of approval are recommended, however, any conditions recommended by
the Board, or required by the City Commission, shall be included in Exhibit "D" - Conditions of Approval.
Page 5
Memorandum No PZ-03-279
First Southern Bank ZNCV 03-021
However, if the City Commission chooses to support additional signage for this project, to minimize visual
impacts, the following should be considered:
1) Allthough not supported by a hardship, staff would prefer that the existing site sign be modified to
increase the sign copy space, below the existing sign copy space, if designed to maintain its appearance;
2) If the additional site sign is allowed as proposed, a variance application must be processed to allow
square footage in excess of the maximum sign area allowed;
3) If an additional site sign is allowed through variance approval, the second entrance sign should be
designed compatible with the existing sign features (e.g, material, configuration, etc,), and not exceed 12
feet in height; and
4) It should be noted that Staff is recommending amendments to the sign ordinance to limit the maximum
height of freestanding signs on properties such as the subject site to 12 feet. The site sign being
proposed in this application is inconsistent with the proposed changes,
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ORANGE SUN BUILDING AND DEVELOPMENT,
LLC
CGC061607
CANTO BUILDERS INC.
1710 WOOLBRIGHT RD
BOYNTON BCH. FL 33426
PHONE: 561 732-3677
FAX: 561 732-3630
E-MAIL: CSDANTO@AOL.COM
August 4, 2003
Planning & Zoning Meeting - Boynton Beach
1. Traffic Hazard
2 Entrances
A West bound traffic must make a U-Turn on 18th Street (no medium cut)
B. East bound traffic will pass west entrance, stop at East entrance before realizing they
have past the correct entrance.
Economic
2. Poor distinct signage detours maximum business to property.
Resale Value
3. One and two above would result in reducing the value of both Phase I and Phase n
Building
Appraised Value
4. One, two and three above would adversely effect the appraisal value of the entire site.
EXHIBIT "D"
Conditions of Approval
Project name: First Southern Ban Phase II
File number: ZNCV 03-021
Reference:
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS- General
Comments: None
PUBLIC WORKS- Traffic
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 & DEVELOPMENT BOARD CONDITIONS
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments:
1. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:\Planning\SHARED\WP\PROJECTS\First Southern Bank\ZNCY 03-021 Phase meOA.doc