Sunshine Square ZNCV
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE ,~ _4_;-~'.
CITY OF BOYNTON BEACH, FLORIDA ~e&~opm(Jn.
Building
Engineering
Occ. L1c_.enlle"lerk
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PROJECT NAME:
Sunshine Square
---------
APPLICANT'S AGENT:
Arianne Nielsen, Land Design South
AGENT'S ADDRESS:
2101 Centrepark West Drive, Suite 100, West Palm Beach, FL 33409
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 18,2008
TYPE OF RELIEF SOUGHT: Variance approval for relief from the City of Boynton Beach Land
Development Regulations, Chapter 2. Zoning, Section 11.H.16.d.(2.),
requiring 749 parking spaces, to provide 677 parking spaces; a
variance of 72 parking spaces, to allow modifications to an existing
shopping center within a C-3 Community Commercial zoning district.
LOCATION OF PROPERTY: 501 E Woolbright Road, Boynton Beach
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
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:
DATED:
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 Applicg.nt
~HAS
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 Applical).t's application for relief is hereby
~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
S:\Planning\SHARED\WP\PROJECTS\Sunsh ine Square\
H~001 MSPM 08-002\ZNCV for Parking\DO.doc
EXHIBIT "E"
Conditions of Approval
Project name: Sunshine Square
File number: ZNCV 08-002
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
Conditions of Approval
P 2 f2
age 0
DEPARTMENTS INCLUDE REJECT
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
None. X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined. ~
S:\Planning\SHARED\ WP\PROJECTS\Sunshine Square\MSPM 08-002 COUS 08-00 I \ZNCV for Parking\COA.doc
S:IPlanninglPlanning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc
Exhibit "A" - Site Location Map
Sunshine Square - ZNCV 08-002
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1551 F-ofum Place
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Wesl Palm Beach Flortda 33401
13051689-5522
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EXHIBIT "e"
PROPOSED SIT. PLAN
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SUNSHINE SQUARE
PREPARED FOR WOOLBRIGHT SUNSHINE LLC
CITY OF BOYNTON BEACH. FLORIDA
LAND.
DESIGN
SOUTH '
Planning I Landscape ArchftectlKe
Environmental Services I Transportation
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'_,Ul"'H501 "Fa.oc:UI-4'..,12
LAND.
DESIGN
SOUTH
Planning
Landscape Architecture
Environmental Services
Transportation
561-478-8501 · FAX 561-478-5012.2101 Centrepark West Drive. Suite 100, West Palm Beach, Florida 33409
EXHIBIT "0"
Justification Statement
Sunshine Square
Approval of a Parking Variance
Resubmitted February 5, 2008
Resubmitted February 12, 2008
On behalf of the Petitioner, Land Design South of Florida, Inc. requests the fol/owing:
· Variance request to permit a reduction in required parking
Variance Reauest
The applicant is requesting a variance from Land Development Regulations Chapter 2, Section
11.H.16.d.2 which requires one parking space per 200 square feet of Commercial Shopping Center
space. The applicant is requesting a variance from this requirement due to the fact the existing
shopping center on the property has a parking deficit of 72 parking spaces. Through the proposed
renovations to the site, the applicant has reduced the parking deficit to the greatest extent possible, but
was not able to entirely eliminate the parking shortage due to the constraints presented by the existing
site features.
As further background, in regards to the provided parking, the May 21, 1986 approved site plan
indicates 823 required parking spaces and provides 751 parking spaces resulting in a parking deficit of
72 parking spaces. The proposed site plan modifications have been designed to upgrade the existing
center to several current code requirements for traffic and pedestrian circulation, accessibility, and
landscaping, while not increasing the parking deficit.
At the time of the original site plan approval a portion of the shopping center was utilized as a movie
theatre, which required a higher percentage of parking than an average shopping center 'use. As this
space is no longer utilized as a movie theater the applicant adjusted the required parking numbers
accordingly, resulting in a requirement of 749 parking spaces for the property. The proposed site plan
provides 677 parking spaces, thus maintaining the existing parking deficit of 72 spaces.
In addition to this reduction, the applicant is currently preparing for future renovations to the existing
grocery store within the shopping center. As part of these renovations, the applicant is currently
proposing the acquisition of an adjacent parcel of land which would permit additional parking to be
provided for the shopping center and aid in reducing the parking deficit.
As required by the Code Variance Application, the justification and assessment of the existing
conditions of the site are as follows:
A. Special conditions and circumstances exist peculiar to the land, structure, or building
involved and which are not applicable to other lands, structures, or buildings in the same
zoning district - Special conditions and circumstances exist on the property as the property
is currently developed as a shopping center with an existing parking deficit of 72 parking
spaces. The intent of this application is to allow the property owner to preserve the existing
shopping center while permitting renovations to the existing buildings and relocation of a
portion of the existing square footage from the vacated movie theatre to provide for a
-financiar institutior't. As the appli~t is preserving the existing uses 'on site, a special
circumstance is created as the constraints presented by the existing site plan configuration
Sunshine Square
Page 1
February 12, 2008
and the existing parking deficit must be taken into consideration.
B. Special conditions and circumstances do not result from the actions of the applicant _ The
above mentioned special conditions are not the result of the applicant as the site is currently
developed as a shopping center with an existing parking deficit of 72 parking spaces. The
applicant has made several revisions to the site plan to improve traffic circulation, pedestrian
circulation, accessibility, and landscaping, but due to the existing constraints could not
eliminate the parking deficit.
C. Granting of 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 _
Granting of this variance will not confer upon the applicant any special privileges but will
permit the existing shopping center to be renovated and continue its current commercial
uses.
D. 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 _ Literal
interpretation of this chapter would result in undue hardship on the applicant as it would
restrict the function of the existing shopping center. As mentioned previously, it is the
applicant's intent to maintain the existing buildings, while providing building renovations and
overall site upgrades to revitalize and enhance the existing shopping center. Strict
application of this code section would prevent renovation of the site and would create undue
'hardship as it would require large scale redevelopment of the property to meet the code
requirement. As mentioned previously the existing shopping center site plan has a parking
deficit of 72 parking spaces which the applicant is not proposing to increase.
E. Granted variance is the minimum variance that will make possible the reasonable use of the
land, building, or structure - The requested variance is the minimum variance with will make
possible the reasonable use of the existing parking center. The applicant has made every
effort to upgrade the site to the greatest extent possible within the parameters presented by
the existing site plan configuration. Through these efforts several improvements have been
made to increase the functionality, circulation and aesthetics of the property, while not
expanding the existing parking deficit.
F. 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 - Granting of this' variance meets the intent of the code and
will not be injurious to the public welfare. Through the proposed site plan revisions, the
applicant has strived to meet all requests by city staff and made every effort to bring the site
into conformance with the City of Boynton Beach Code of Ordinances. Overall, these
revisions have resulted in a safer and more clearly defined vehicular and pedestrian
environment, and provided improved project aesthetics. As such the general intent of the
code has been met and variance is not considered to be detrimental to the public.
G. Variances to minimum lot area or lot frontage requirements, that property is not available'
from adjacent properties in order to meet these requirements, or that the acquisition of such
property would cause the adjacent property or structures to become nonconforming.
Applicant shall provide an affidavit with the application for variance stating that the above
mentioned conditions exist with respect to the acquisition of additional property _ The
variance the applicant requests does not pertain to minimum lot area or lot frontage
requirements.
Sunshine Square
Page 2
February 12, 2008
Conclusion
The proposed site plan modification and requested variance is considered to be consistent with the
nature of surrounding development and is suitable to the site context, being in close proximity to service
infrastructure, is compatible with surrounding developments and will provide for and better the
surrounding community.
Accordingly, it is considered that the proposal is in the public interest and the Petitioner
respectfully requests approval of the site plan modification, cond~tional use, variance, and
waiver application.
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Sunshine Square
Page 3
February 12, 2008