REVIEW COMMENTS (ZNCV 03-016,017)
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 04-228
STAFF REPORT
TO:
Chair and Members
Community Redevelopment Agency and City Commission
FROM:
Michael W. Rumpf
Director of Planning and Zoning
Eric Lee Johnson, AICP C;~
Planner ?J
THRU:
DATE:
October 6, 2004
PROJECT NAME/NO:
Gateway Shell Variances (fka Gateway Texaco)
Landscape buffers ZNCV 03-016 and 03-017
REQUEST:
Relief from the City of Boynton Beach Land Development Regulations,
Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.f. (1) requiring
a ten (10) foot wide landscape buffer along the street frontage and to
include one tree ten (10) to fifteen (15) feet in height with a minimum three-
inch caliper every forty (40) feet, a continuous hedge twenty-four (24) inches
high, twenty-four (24) inches on center at time of planting with flowering
groundcover to allow a variance of 10 feet, resulting in a zero (0) landscape
buffer along the street frontage 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.f. (2)(a)
requiring a ten (10) foot wide landscape buffer on all interior property lines
to allow a variance of eight (8) feet - six (6) inches, resulting in a one (1)
foot - six (6) inch buffer for an existing gas 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
maximum of 600 square feet by Condition of Approval for appeal - ADAP
02-001).
Staff Report
Memorandum No PZ-04-228
Page 2
Acreage:
0.48 Acre (20,830 square feet)
Adjacent Uses:
(see Exhibit "A" - Location Map)
North:
A 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 I nfi II Planned Unit
Development (IPUD);
East:
Vacant commercial lot zoned Community Commercial (C-3) currently under review
for a proposed car wash, and farther east is a single-family residential dwelling (part
of Las Palmas development), zoned Single-family residential, (R-l-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 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
Staff Report
Memorandum No PZ-04-228
Page 3
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 building 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
the accompanying variances. 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 directly relate to the landscaping and buffering
requirements of gasoline dispensing establishments. The first component of the variance request relates to
the required landscape buffers adjacent to rights-of-way. The code requires 10-foot wide landscape buffer
adjacent to the roadways for gasoline dispensing establishments. However, the existing site has no
landscape buffer along North Federal Highway so therefore, a 10-foot variance would be required. If the
10-foot variance were approved, this would also cover the deficiency in the width of the existing landscape
buffer along Las Palmas Avenue. The second component of this variance request deals with required
landscape buffers along interior property lines. The code requires a 10-foot wide landscape buffer along the
interior property lines. However, the site only provides for a one (1) foot - six (6) inch wide buffer along
the north interior property line. Therefore, an eight (8) foot - six (6) inch variance would be required.
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.
Staff Report
Memorandum No PZ-04-228
Page 4
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 analysis 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 has focused this review based on the applicant's response to the above criteria contained in Exhibit "e"
- Marouf Shell Variances, which requires the request be initiated because of special conditions and
circumstances that are peculiar to the subject land, structure, or building, which are not the result of the
actions of the applicant, and that the request is the minimum variance that will make possible the
reasonable use of the land, building, or structure.
The subject request has been initiated in preparation for the construction of an addition to the existing gas
station business. The applicant desires relief from the required landscape buffer along the front (North
Federal Highway) and the interior (north) property lines of the subject property, since they do not exist on
the already confined site. The subject property has been improved with a gas station business, and
occupied since 1965. In order to meet the landscape buffer as required by code, the applicant would need
additional linear footage along North Federal Highway or to eliminate the existing first two (2) gasoline
pump islands. This scenario would likely be cost prohibitive or significantly impact business operation.
Understanding that site layout is existing and cannot easily be altered without significant impacts to the
business operation, the requests represent the minimum variances that will make reasonable use of an
existing gasoline dispensing establishment and will not be injurious to the area. Therefore, criteria items "e"
and "f" appear to be supported by the variance request.
The overall objective of the Land Development Regulations is to ensure the welfare and safety of the public
by providing regulations and standards to achieve consistent equitable developments. The intent of the
landscape buffer is to visually screen the vehicular use from the adjacent properties and right-of-way.
Staff Report
Memorandum No PZ-04-228
Page 5
CONClUSIONSI RECOMMENDATION
Based on the analysis contained herein, Staff recommends that the requested variances be approved
subject to the following conditions:
1. Provide a substitute form of screening of the site along North Federal Highway where possible such
as planter pots or boxes; and
2. Staff recommends installing the Ixora "Nora" grant shrubs at 36 inches in height along Las Palmas
Avenue at the time of installation.
However, any additional conditions of approval added by the Community Redevelopment Agency Board or
the City Commission will be placed in the Exhibit "D" - Conditions of Approval.
MWRjEU
S:\Planning\SHARED\WP\PROJECTS\Gateway Shell fka Texaco\New ShellWariances (revised 2004)\03-016 to 03-017 Landscape\Staff Report ZNCV
03-016 and 03-017 Landscape buffers.doc
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(FORMERLY KNOWN". QATEWAY TEXACO) IIZA ~.. ~L --- 2 2 2 e Ii
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BOYNTON BEACH. FLORIDA 33435 :.-=::=':'.:-...ra~~.......:=. ==--(- a=s Ill::: ~
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ADDIllON AND AL TERA 'liONS TO:
2360 NOR'lH fEDERAL HIGHWAY
BOYlON BEACH. FLORIDA 33435
Landscape Plan
-=:XHIBIT 111"
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EXHIBIT nc"
MAROUF SHELL VARIANCES
5/26/04
Chapter 2, Sec. II Supplemental ReQulations
L.3.d.(1), (3), (4), Drivewavs
I,
(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 ihave 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.
. i ~
MAROUF SHELL VARIANC
Page 2
EXHIBIT "e"
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" olc 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 ~ /-- 9'/ /y I ~/
SIGNS .
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
.~
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EXHIBIT "D"
Conditions of Approval
Project name: Gateway Shell (fka Gateway Texaco)
File number: Landscape buffers ZNCV 03-016 and 03-017
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/ENVIRONMENT ALIST
Comments: None
PLANNING AND ZONING
Comments:
1. Providing a substitute form of screening of the site along North Federal
Highway where possible such as planter pots or boxes.
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
2, Staff recommends installing the Ixora "Nora" grant at 36 inches in height
along Las Palmas A venue at the time of installation,
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
COMMENTS
Comments:
3. To be determined,
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
4. To be determined.
S:\Planning\SHARED\ WP\PROJECTS\Gateway Shell tka Texaco\New Shell\Variances (revised 2004)\03-016 to 03-017 Landscape\COA Landscape
buffers ZNCV 03-016 and 03-017.doc