REVIEW COMMENTS (ZNCV 03-10,11,12)
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 04-225
STAFF REPORT
TO:
Chair and Members
Community Redevelopment Agency and City Commission
THRU:
Michael W, Rumpf
Director of Planning and Zoning
FROM:
Eric Lee Johnson, AICP
Planner
(/
DATE:
October 6, 2004
PROJECT NAME/NO:
Gateway Shell Variances (fka Gateway Texaco)
Driveway variances ZNCV 03-010, 03-011 and 03-012
REQUEST:
Relief from the City of Boynton Beach Land Development Regulations, Chapter
2, Zoning, Section 11, Supplemental Regulations L.3,d, (1) requiring parking
lot driveways to be located 120 feet from the intersection of the right-of-way
lines along streets of higher classification to allow a 97-foot variance, resulting
in a distance of 23 feet, and to allow a 88-foot variance for a second driveway,
resulting in a distance of 32 feet from the intersection of Federal Highway and
Las Palmas Avenue for an existing gasoline dispensing establishment;
Relief from the City of Boynton Beach Land Development Regulations, Chapter
2, Zoning, Section 11, Supplemental Regulations L.3,d, (3) requiring that
driveways shall not be located less than thirty (30) feet from any interior
property line to allow a 10-foot variance, resulting in a distance of 20 feet for
an existing gasoline dispensing establishment;
Relief from the City of Boynton Beach Land Development Regulations, Chapter
2, Zoning, Section 11, Supplemental Regulations L.3,d, (4) requiring that
driveways will be limited to one (1) per street frontage to allow two (2)
driveways along the street frontage for an existing gasoline dispensing
establishment.
PROJECT DESCRIPTION
Property Owner: SUAU Enterprises, Incorporated
Applicant/Agent: Mr, Beril Kruger of Beril Kruger Planning & Consultants
Location: 2360 North Federal Highway Boynton Beach, FL
Existing Land Use/Zoning: Local Retail Commercial (LRC) / Community Commercial (C-3)
Proposed Land Use/Zoning: No change proposed
Proposed Use: 681 square foot addition to gasoline dispensing establishment (limited to a
Staff Report Driveway variances ZNCV 03-010, 03-011 and 03-012
Memorandum No PZ-04-225
Page 2
maximum of 600 square feet by Condition of Approval for appeal - ADAP
02-001),
Acreage:
0.48 Acre (20,830 square feet)
Adjacent Uses:
(see Exhibit "A" - Location Map)
North:
Multi-family residential property, zoned Community Commercial (C-3);
South:
Right-of-way for Las Palmas Avenue, and farther south are single-family attached
townhouses under construction (The Harbors), zoned Infill Planned Unit Development
(IPUD);
East:
Vacant commercial lot zoned Community Commercial (C-3) and farther east is a
single-family residential dwelling (part of Las Palmas development), zoned Single-
family residential, (R-1-AA); and
West:
Rights-of-way of U,S, 1 and the Florida East Coast Railroad, and farther west
developed commercial property classified Local Retail Commercial (LRC) and zoned
Neighborhood Commercial (C-2),
PROPERTY OWNER NOTIFICATION
Owners of properties within 400 feet of the subject conditional use were mailed a notice of this request
and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in
accordance with Ordinance No, 04-007.
BACKGROUND
Mr, Beril Kruger of Beril Kruger Planning & Zoning Consultants, agent for SUAU Enterprises, Incorporated is
requesting conditional use / major site plan modification approval involving a series of variance requests in
order to construct a 681 square foot building addition to an existing gasoline dispensing establishment. The
applicant is also proposing new parking spaces, additional landscaping, and a general "make-over" of the
exterior facades of the existing building and canopy, However, the number of gasoline pump islands and
fueling positions would remain unaltered,
The proposed building expansion is being considered for conditional use approval because gasoline
dispensing establishments are only allowed as conditional uses in the C-3 zoning district. Also, it should be
noted that this particular gas-station is a legal non-conforming use because it is currently a fully functional,
operating, and licensed gas station but does meet the locational criteria for gas stations as outlined by
Chapter 2, Section 11.L.3,a,(2) of the Land Development Regulations. The aforementioned code requires gas
stations to be located only on parcels of land located at intersections "consisting of roads of four (4) lanes or
wider"; Las Palmas is only two (2) lanes wide,
In 2002, Mr. Beril Kruger, acting on behalf of Mr, Zuhair Marouf, expressed a desire to construct a building
addition to the existing gas station, in part, to satisfy outstanding code enforcement violations, He also
proposed direct access between the subject lot and the lot directly to the east (which was previously
earmarked for a mechanical car wash), The direct access was proposed in order to minimize vehicular traffic
spilling onto Las Palmas Avenue, Mr, Kruger's inquiries were based on the presumption that the proposed
681 square foot expansion would be permitted (by right) and that direct access to the abutting lot (to the
Staff Report Driveway variances ZNCV 03-010, 03-011 and 03-012
Memorandum No PZ-04-225
Page 3
east) would only require site plan review. However, after careful consideration, staff determined that the
building addition would not be permitted (by-right) because it would represent an unlawful expansion of a
legal non-conforming use (a gasoline-dispensing establishment), Furthermore, in response to Mr. Kruger's
inquiries, on July 16, 2002, the Director of Planning & Zoning issued an administrative determination letter
that basically prohibited the applicant from increasing the size of the gas-station building because by doing
so, would constitute a violation of Chapter 2, Sections D and G of the Land Development Regulations,
Regarding the direct access between lots, the Director determined that the proposed driveway connection
between the subject lot and the lot directly to the east would be permitted subsequent to site plan review,
However, the direct access would only be allowed contingent upon the recordation of a legally binding cross-
access agreement between the subject lot and the lot directly to the east.
On July 31, 2002, Mr, Kruger submitted a formal appeal of the staff's aforementioned administrative
determination, According to the applicant, "in summary, the appeal justifies the proposed expansion by the
position that retail sales at this business is a separate component from the non-conforming aspect-gasoline
sales, which component can therefore be altered / expanded independent of the gasoline sales element of the
business", Again, staff disagreed with the applicant's position, However, the City Commission approved the
applicant's appeal but with the condition that the expansion would be limited to 600 square feet.
On June 17, 2003, Mr, Kruger submitted a request for conditional use / major site plan modification approval
and its accompanying variances for the construction of the building addition. Both staff and the CRA
reviewed the site plan and the variances and recommended approval contingent upon 43 conditions of
approval, one of which, limited the buidling addition to 600 square feet. On October 21, 2003, the City
Commission approved their request for conditional use / major site plan modification and the accompanying
variances, However, on November 18, 2003, the City Commission rescinded their previous approvals, Most
recently, on August 11, 2004, Mr, Kruger re-submitted a revised request for major site plan modification and
accompanying variances (see Exhibit "B" - Site Plan and Survey). If approved, the construction of the
addition, parking lot, and fac;;:ade improvements would occur in one (1) phase. It should be noted that the
difference between this submittal and the original submittal as described above, is that the proposed car
wash on the abutting lot (to the east) has been abandoned. As such, the drive aisle that was to connect to
the lot to the east has also been eliminated from the design,
As part of the major site plan modification process, the site has to meet all the requirements of the Land
Development Regulations or obtain relief if necessary, Mr, Beril Kruger is requesting relief from the above-
referenced Land Development Regulations, which requires that parking lot driveways be constructed at least
one hundred twenty (120) feet from streets of higher classifications,
The existing gas station business includes two (2), existing driveway entrances measuring 30 feet wide
providing ingress and egress along North Federal Highway and one (1) existing driveway entrance measuring
30 feet wide along Las Palmas Avenue, The southernmost entrance driveway on North Federal Highway is
located approximately 23 feet from Las Palmas Avenue, while the second driveway is located 103 feet from
Las Palmas and 20 feet from the interior property line (north property line). The existing driveway is located
on a major arterial (Federal Highway), therefore, the 120 foot separation from the intersection and interior
property line is required,
As indicated on the site plan associated with the proposed addition, the applicant is proposing to construct
a 681 square foot addition located at the rear (east side) of the existing gas station building along the east
property line. The subject parcel is approximately 0.48 acres in size with approximately 153 feet of frontage
along North Federal Highway, and 136 feet of frontage along Las Palmas Avenue (see Exhibit "B" - Survey),
The special lot conditions that exist are the short frontage distance along the North Federal Highway right-of-
way and, that the driveways are existing and necessary for fueling tanker circulation. Therefore, it is not
Staff Report Driveway variances ZNCV 03-010, 03-011 and 03-012
Memorandum No PZ-04-225
Page 4
feasbile to limit the site to one driveway access point on North Federal Highway at the minimum driveway
separation of 120 feet and simultaneously meet minimum site circulation needs of the existing business, If
such redesign could meet this standard and operational needs, it is likely that other deficiencies, and the need
for other variances would be generated.
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 has conducted this review with the assumption that, based on the city's prior approval of the
administrative appeal acknowledging the increase in intensity of this non-conforming use, that the city is
aware of the potential of certain hardships and non-conformities associated with the site,
Staff also reviewed the requested variances focusing on the applicant's response to the above criteria
contained in Exhibit "(" - Marouf Shell Variances, as well as existing site restrictions, and proposed design
requirements. Staff has determined that site constraints at this location are a partial justification for granting
this variance. In order to satisfy the Land Development Regulations, the driveways along North Federal
Highway would have to be placed 120 feet from the intersection of Las Palmas Avenue, This scenario would
not leave the additional linear footage necessary to provide the 30-foot minimum driveway width and the 30-
foot minimum distance from the interior property line, as required by code. Further complying with code
would result in the elimination of both existing driveways on North Federal Highway, This would create
inefficient internal and external vehicular traffic circulation and undue hardship, which could force the closing
of the business. Also, the driveways on Federal Highway minimize the traffic impact of this existing business
onto Las Palmas Avenue, If there was only one project entrance (the Las Palmas Avenue entrance), traffic
exiting from the site including refueling trucks would have insufficient stacking length at the adjacent traffic
signal/intersection, This situation would not comply with on-site circulation standards and would congest the
secondary roadway and adjacent residential neighborhood, Leaving the existing driveways on North Federal
Highway lessens this potential traffic problem,
It should be noted that granting a variance for the southernmost driveway distance would also cover the
distance variance requested for the northern driveway.
Staff Report Driveway variances ZNCV 03-010, 03-011 and 03-012
Memorandum No PZ-04-225
Page 5
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 justifying the requested variance, In summary,
granting this variance may be supported for the following reasons:
a, A special condition exists which is 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 property for access
(the existing driveways are located along the western extent of the property); and
d, That the granting of the variance would be in harmony with the general intent of the regulation to
promote safe and adequate traffic circulation.
RECOMMENDATION
Based on the analysis contained herein, Staff recommends that the requested variances be approved, No
conditions of approval are recommended; however, any conditions of approval added by the Community
Redevelopment Agency Board or the City Commission will be placed in the Exhibit "D" - Conditions of
Approval,
MWRjelj
S:IPlanningISHAREDlWPIPROJECTSIGaleway Shell Ika TexacolNew ShelllVariances (revised 2004)103-010 10 03-012 DrivewaylStaff Report ZNCV 03-010 to 03-012 Driveway Variances,doc
Location Map
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ADDITION AND AI. TERA 'liONS TO:
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2360 NORlH fEDERAL HIGHWAY
BOYlON BEACH. Fl.ORIDA 33435
Landscape Plan
r:XHIBIT 111 II
..
EXHIBIT "e"
MAROUF SHELL VARIANCES
5/26/04
Chapter 2, Sec. II Supplemental Requlations
L.3.d.(1), (3), (4), Driveways
..
(1) No driveway shall be located less than One Hundred Ten (110')
feet from the intersecting right-of-way lines of public streets.
(3) Driveways shall be located less than thirty (30) feet from any interior
property line.
(4) Driveways will be limited to one per street frontage.
(1 ) Request a variance from this section of the code as the site has only 140 LF
of frontage along N. Federal Highway and 123 LF of frontage on Las Palmas.
Therefore it would be impossible for any driveways to be 110' to meet this
current code,
(3) Due to the fact that this is an existing Gas Station and is only being upgraded
for looks, the driveways must stay in their current locations because the
traffic patterns have already been set and cannot be changed. Gasoline
Tankers must be able to enter and leave the premises from the existing
driveways.
(4) Due to the Gasoline Tankers entering and leaving and the location of the fillers
for the tanks, these driveways must remain in their current locations.
L.3.e. (3), Rear Setbacks
Rear Setbacks are required to be 20' and we are proposing only a 10' rear
setback.
L.3.e.(a). No Canopy shall be located less than 20' from the
property line
The Canopy is 9.5 feet from the front (west) property line. We are requesting a
10.5 foot variance to allow a 9,5 foot front setback for the existing canopy.
L.3.e. (b). No gasoline pump island shall be located less than 30' from any
property line.
The existing gasoline pump island is 19.8 feet from the front (west) property line.
The required front gasoline pump island setback is 30 feet so we are requesting a
variance of 10.2 feet from the front property line to allow the 19,8 foot gasoline
pump island setback.
MAROUF SHELL V ARIANl
Page 2
EXHIBIT "c"
L.3. f. (1) BUFFERS
A 10' wide landscape buffer shall be located along the street frontage, This
buffer shall contain one tree 10' to 15' in height with a minimum 3" caliper
every 30', a continuous hedge 24" high, 24" ole at time of planting with
flowering ground cover.
We do not have a landscape buffer along the westerly street frontage (N. Federal
Hwy.) so we are requesting a variance of 10 feet from the required 10 foot
landscape buffer.
The Landscape buffer we are proposing along the south street frontage (Las
Palmas) is only 5 feet with a requirement of 10 feet. We are therefore requesting a
variance of 5 feet for the 10 foot landscape buffer. We are requesting from the
Engineering Department to be allowed to landscape the area between property line
and the street,
L.4.b Buffers (Interior Property Lines)
(a) A 5' wide landscaped buffer shall be located on all interior property
lines. When the buffer separates the property from other commercial
property, the buffer shall not be required to contain a concrete wall.
Landscaping shall be continuously maintained,
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Part III Land Development Regulations L-J/>/--. Lr/I/t,/:/7
SIGNS I I
Chapter 21, Article III,
Sec. 5. Setbacks.
All signs must meet a minimum ten (10) foot setback measured from the
property line to the closest surface of the sign.
The existing sign is currently 8.5 feet from the south property line and 5 feet from
the west property line. Therefore we are requesting a 1.5 foot variance for the
south setback and a 5 foot variance for the west property lines
EXHIBIT "D"
Conditions of Approval
Project name: Gateway Shell (f.k.a. Gateway Texaco)
File number: ZNCV 03-010, ZNCV 03-011, and ZNCV 03-012
Reference:
DEPARTMENTS INCLUDE REJECT
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 COMMUNITY REDEVELOPMENT AGENCY BOARD
COMMENTS
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments:
1. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
2. To be determined.
S:\Planning\SHARED\WP\PROJECTS\Gateway Shell fKa Texaco\New Shell\Variances (revised 2004)\03-010 to 03-012 Driveway\COA 03-010 to 03-
012.doc
S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc