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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 ~. ~ '. I ~ . 'LocatiOftSheMII'~P Gateway EXHIBIT "A"l: '~I I /- I r' : SITE .~ .... " ~7 P~ I I j - ,......., "... 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FLORIDA 33435 :.-=::=':'.:-...ra~~.......:=. ==--(- a=s Ill::: ~ EXI-IIBIT "B" - c NORTHBOUND U, s. =i> HIGHWAY N O. 1 GUm il! !!i;; Iii ~Ihl UI 1ii1ii1S1 Q;I ~Ip ~I~ Q;i~ ~I" ;li~1 ;d I : +-- ji ~ =i> L - il II --- < r > Ul -0 > r ;::: > Ul > < f"Tl :z c f"Tl - I'i' 3 ~ ~ =' . h~ ~ cO' 6" m ~li ~ ~ ~ g a. i ~ * * ~ ~;:: III ~~ a ; I~~- J-i!f "u ~~ ~~"liii ~.g> a ;!I'll ~ ~ ~' '" "l"l ..... .. a. !2. .n:3' I If ~ ~ lJl ala i .3 iU~ i~ i'1 t' "'("'if ill Ii '8 I'll i ~ il li~ Ii ~ m ! If E:-=~ ~~~ .. p.~' ""'t ~' ;;:t--:r I J- "\ fir ~~0It.;! ~ I~ ~ O!.~ "'l ~"".,.. R ...... I!-!l."'l !l. I!- !l' ~....l .. .. ~ UB " '" .. ... II !U"'~ ~ l: ~~~~ !;;! ~ l: l: l: l: l: :l SJ.lSf.., t... IIIII! il;!~I= ~i. 'ill! I~~n ~ I~ ~~Ii~~lnnr~~~ I Z ~ ~~~! 1IIIlli~; ----- - ADDIllON AND AL TERA 'liONS TO: 2360 NOR'lH fEDERAL HIGHWAY BOYlON BEACH. FLORIDA 33435 Landscape Plan -=:XHIBIT 111" 'I 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. ~ i~~ q-,~I #-, ilL.~ ;Jtuc/~t2 Boyllg Bfll1fa~l( &dihances p(~;/ \. ~ ~ 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 .~ . ~', 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