PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION ZONING COMMISSION VARIANCE STAFF REPORT 03/03/2016

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1 PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION ZONING COMMISSION VARIANCE STAFF REPORT 03/03/2016 APPLICATION NO. CODE SECTION REQUIRED PROPOSED VARIANCE ZV (V1) 8.G.1.A.4 Signage, Standards for Specific Signs, Building Mounted Signs, Wall Signs. 1 square foot per 1 linear foot = 108 square feet. 228 square feet channel letter wall sign. increase of 98.4 square feet SITUS ADDRESS: Glades Rd Boca Raton AGENT NAME & Janna Lhola ADDRESS: Holland & Knight, LLP 515 E Las Olas Blvd. Fort Lauderdale, FL OWNER NAME & Boca Mission, LLC ADDRESS: Po Box 4900 Scottsdale, AZ PCN: ZONING DISTRICT: General Commercial (CG) BCC DISTRICT: 05 PROJECT Osniel Leon, Site Planner II MANAGER: LEGAL AD: LAND USE: ZV Title: Resolution approving a Type II Variance application of Boca Mission LLC by Holland & Knight LLP, Agent. Request: to allow an increase of the maximum square footage of a wall sign General Location: Northwest Corner of Glades and State Road 7/441 (LA FITNESS SIGNAGE) ( ) Commercial High with S/T/R: underlying Low Residential 3 units per acres (CH/3) CONTROL #: LOT AREA: acres +/- LOT DIMENSIONS: Approximately 1,623 ft. x 1,118 ft. CONFORMITY OF Conforming CONFORMITY OF N/A LOT: ELEMENT: TYPE OF ELEMENT: Building Mounted: Wall ELEMENT SIZE: N/A Signage BUILDING PERMIT N/A NOTICE OF N/A #: VIOLATION: CONSTRUCTION STATUS: Proposed APPLICANT To allow an increase of the maximum square footage of a wall sign REQUEST: STAFF RECOMMENDATION: Staff recommends denial of the request, based upon the following application of the standards enumerated in Article 2, Section 2.B.3.E of the Palm Beach County Unified Land Development Code (ULDC), which an applicant must meet before the Zoning ZC 03/03/2016 Page 228

2 Commission who may authorize a variance. Should the ZC choose to approve the request, Staff recommends the approval be subject to the 8 Conditions of Approval as indicated in Exhibit C. PUBLIC COMMENT SUMMARY: At the time of publication, Staff had received 0 contacts from the public regarding this project. APPLICATION SUMMARY: Proposed is a Type II Variance request for the Mission Bay Plaza development. The acre development was last approved by the Board of County Commissioners (BCC) on September 24, 2015 for a Development Order Amendment to reconfigure the site plan and add a Requested Use to allow a Fitness Center. The site exists with multiple commercial uses approved at 303,464 square feet (sq. ft.) which includes retail, financial institutions, fitness center, and restaurants. The approved Final Site Plan indicates the Fitness Center use expansion into an existing retail space totaling 42,335 sq. ft. The Applicant is requesting a Type II Variance to allow an increase of the maximum square footage for a wall sign from sq. ft. to 228 sq. ft. The total square footage for the overall shopping center will remain at 303,464 sq. ft. with 1,360 parking spaces provided. Four access points to the site will remain from U.S Highway 441 (3) and Glades Road (1). PROJECT HISTORY: Application No. Request Resolution Approval Date Z/SE An Official Zoning Map Amendment to R ; allow a rezoning from the Agricultural R Residential (AR) District to the General Commercial (CG) District. A Special Exception (SE) to allow a July 26, 1984 Planned Commercial Development (PCD), including a large scale community shopping center in excess of 50,000 square feet, auto service station with gasoline pump island facilities and a theater. SE A SE to include a Car Wash (Self-Service R August 11, 1987 DOA (A) SE ( C ) DOA (D); and DOA (E) DOA (F) A DOA to amend Condition 9 (square footage limitation) of Resolution R ZV/DOA/R or Automatic) A DOA to allow a modification of Commission Requirements to amend certain conditions placed on Zoning Petition No , approved July 26, A SE to amend the Site Plan to increase the building square footage. A DOA and Requested Use to allow a Fast Food Restaurant. A DOA and Requested Use to allow Indoor Entertainment. A Type II Variance to allow a reduction in the width and the number of shrubs for the right-of-way along State Road 7, and to allow an easement overlap. A DOA to reconfigure the Site Plan. Requested Use to allow a Financial Instituion with a four lane drive-through facility. EAC Expedited Application Consideration (EAC) to modify a Condition of Approval (Landscaping). R May 17, 1988 R May 22, 1990 R ; R October 28, 1993 R October 26, 1995 ZR ; R ; R July 1, 2010 July 22, 2010 R July 28, 2011 DOA/R/ABN DOA to reconfigure the site plan, add a R ; September 24, ZC 03/03/2016 Page 229

3 00323 Requested Use (Fitness Center) and abandon a Requested Use (Indoor Entertainment) granted under R SURROUNDING LAND USES R ; R NORTH: FLU Designation: Commercial Low-Office, with an underlying LR-3 (CL-O/3) Zoning District: Multiple Use Planned Development District (MUPD) Supporting: Commercial (Mission Bay Self Storage, Control No ) SOUTH: FLU Designation: Commercial Low, with an underlying LR-3 (CL/3) Zoning District: Multiple Use Planned Development District (MUPD) Supporting: Commercial (Mission Bay Corp. Park MUPD, Control No , , ) EAST: FLU Designation: Commercial High, with an underlying LR-3 (CH/3) Zoning District: Multiple Use Planned Development District (MUPD) Supporting: Commercial (Shadowood Square, Control No ) WEST: FLU Designation: Low Residential 3 units per acre (LR-3) Zoning District: Planned Unit Development District (PUD) Supporting: Residential (Mission Bay PUD Tract E, Control No ) FINDINGS OF FACT: The request is for a Type II Variance from Table 8.G.1.A Wall Sign Standards to allow an increase in wall sign area located along the front façade for a retail tenant in the Mission Bay Plaza development. The tenant space storefront is 108 linear feet and is within the Urban Suburban Tier. Wall signage is calculated at 1.0 square foot for each 1.0 linear foot of building frontage to which the sign is attached. Additionally, the Code allows for an increase in sign area if the Property Owner/Applicant is proposing channel letters (+20%). This would allow a maximum of sq.ft. sign with channel letters. The Applicant s request is to allow a 228 sq.ft. channel letter wall sign for the LA Fitness tenant. This is an increase of 98.4 sq.ft. Frontage for sign calculation ANALYSIS OF ARTICLE 2, SECTION 2.B.3.E VARIANCE STANDARDS 1. SPECIAL CONDITIONS AND CIRCUMSTANCES EXIST THAT ARE PECULIAR TO THE PARCEL OF LAND, BUILDING OR STRUCTURE, THAT ARE NOT APPLICABLE TO OTHER PARCELS OF LAND, STRUCTURES OR BUILDINGS IN THE SAME ZONING DISTRICT: ZC 03/03/2016 Page 230

4 V1: NO. The development is an existing shopping Center approved as Planned Commercial Development in The subject tenant space at that time was a Movie theater. In 2001, the tenant space changed from the theater use to a Fitness Center by way of Permit T During the review of the permit, Zoning Staff informed the Applicant that a separate sign permit was required and must follow the regulations of the modified sign Code adopted under Ordinance In 2001, the Code calculated signage 1.5 sq. ft. for each linear feet of frontage. A sign was installed on the exterior façade of the east elevation at a size of 230 square feet. Staff requested information regarding the approval of the existing sign, but found that no permit was issued. The Applicant s justification for the sign states that the proposed sign is less square footage that what exists. This may be true, however, the sign that exist was never permitted and did not meet code during the time of permitting for the use. With the expansion of the fitness center, the Applicant gained building frontage on the eastern façade, and is creating this façade to the new main entrance to the use. The frontage is 108 feet, and their proposal includes the use of channel letters, allowing them to have a 130 square foot sign. This requirement is for all buildings and structures within the shopping center, regardless of the size of the tenant. This shopping center was built over 30 years ago, and been subject to changes to signage requirements. Like all modifications to the Code, uses, buildings, structures are vested for what they were legally approved for until they proposed modifications. When proposing modifications they are required to comply with Code as described in Article 1 and Article 8 of the Unified Land Development Code (ULDC) The Applicant has not demonstrated any special conditions that exist that are peculiar to the parcel or building that warrant a need to modify the signage. 2. SPECIAL CIRCUMSTANCES AND CONDITIONS DO NOT RESULT FROM THE ACTIONS OF THE APPLICANT: V1: NO. This variance request is a result of the actions by the Applicant as there are alternative design options. The sign can be designed to comply with Code requirements by constructing a sign that meets the maximum area of 130 square feet, similar to adjacent tenants. The Code provides for allowances through an Alternative Sign Plan to add additional square footage. They also have signage on the south façade giving more visibility for the tenant. 3. GRANTING THE VARIANCE SHALL NOT CONFER UPON THE APPLICANT ANY SPECIAL PRIVILEGE DENIED BY THE COMPREHENSIVE PLAN AND THIS CODE TO OTHER PARCELS OF LAND, BUILDINGS OR STRUCTURES IN THE SAME ZONING DISTRICT: V1: NO. Granting this variance will confer a special privilege not allowed by the Code and not available to other parcels of land and buildings/tenant spaces within this same development. There are alternative sign options that can comply with Code requirements that meet the maximum of 130 square feet sign face area similar to adjacent tenants. The Applicant s Justification Statement contests that a larger sign is needed as the visibility of the tenant s sign is obscure by the two tree lined access drives that bisect the Plaza. However, the Applicant has two existing Freestanding Signs, one along State Road 7/US441 and the other at Glades Road. These tenant signs are what identifies its presence within the shopping center from along the two major roadways. 4. LITERAL INTERPRETATION AND ENFORCEMENT OF THE TERMS AND PROVISIONS OF THIS CODE WOULD DEPRIVE THE APPLICANT OF RIGHTS COMMONLY ENJOYED BY OTHER PARCELS OF LAND IN THE SAME ZONING DISTRICT, AND WOULD WORK AN UNNECESSARY AND UNDUE HARDSHIP: V1: NO. The literal interpretation of the code would not create an unnecessary and undue hardship on the Applicant as there are alternative site design options for a smaller sign.. The other tenants within the same parcel are subject to, and have abided with the same standards as the Applicant. Therefore there is no deprivation of rights to the Applicant. 5. GRANT OF VARIANCE IS THE MINIMUM VARIANCE THAT WILL MAKE POSSIBLE THE REASONABLE USE OF THE PARCEL OF LAND, BUILDING OR STRUCTURE: ZC 03/03/2016 Page 231

5 V1: NO. The granting of the variance is not the minimum variance necessary to make reasonable use of the parcel of land. The variance request is a result of the actions by the Applicant as there are alternative site design options. The sign can be designed to comply with Code requirements to meet the maximum of 130 square feet. 6. GRANT OF THE VARIANCE WILL BE CONSISTENT WITH THE PURPOSES, GOALS, OBJECTIVES, AND POLICIES OF THE COMPREHENSIVE PLAN AND THIS CODE: V1: NO. The granting of the variance will not be consistent with the purposes, goals and objectives of the Plan and the Code. 7. THE GRANT OF THE VARIANCE WILL NOT BE INJURIOUS TO THE AREA INVOLVED OR OTHERWISE DETRIMENTAL TO THE PUBLIC WELFARE: V1: NO. The granting of the variance will not be injurious to the area involved or otherwise detrimental to the public welfare. The purpose and intent of the Code is to establish consistent standards for the placement and use of signs and other advertising. The consistency in the standards is especially significant within a large development to maintain similar requirements for all tenants. ZC 03/03/2016 Page 232

6 EXHIBIT C Type II Variance Standalone ZONING COMMISSION CONDITIONS VARIANCE 1. This Variance is approved based on the layout as shown on the Final Site Plan Sheet 1 dated December 16, 2015 and Sheet 2 dated January 14, Only minor modifications by Zoning Commission or Development Review Officer shall be permitted provided the changes are consistent with this Plan. (ONGOING: ZONING - Zoning) 2. At time of application for a Building Permit, the Property Owner shall provide a copy of this Variance approval along with copies of the approved Plan to the Building Division. (BLDGPMT: ZONING - Zoning) 3. Variance is approved for a maximum wall sign of 196 square feet along the east façade for the Fitness Center use. Any change to the use shall require a reconsideration of the Variance by the Zoning Commission. (ONGOING: ZONING - Zoning) 4. No wall signage shall be permitted along the south façade of the Fitness Center Use. Any change to the use shall require a reconsideration of the Variance by the Zoning Commission. (ONGOING: ZONING Zoning) 5. Prior to final approval by the Development Review Officer (DRO), the Master Sign Plans shall be updated consistent with the Preliminary Master Sign Plans dated December 16, (DRO: ZONING - Zoning) 6. In Granting this Approval, the Zoning Commission relied upon the oral and written representations of the Property Owner/Applicant both on the record and as part of the application process. Deviations from or violation of these representations shall cause the approval to be presented to the Board of County Commissioners for review under the compliance Condition of this Approval. (ONGOING: ZONING - Zoning) 7. Failure to comply with any of the Conditions of Approval for the subject property at any time may result in: a. The Issuance of a Stop Work Order; the Issuance of a Cease and Desist Order; the Denial or Revocation of a Building Permit; the Denial or Revocation of a Certificate of Occupancy; the Denial of any other Permit, License or Approval to any developer, owner, lessee, or user of the subject property; the Revocation of any other Permit, License or Approval from any developer, owner, lessee, or user of the subject property; the Revocation of any concurrency; and/or, b. The Revocation of the Official Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or any other Zoning Approval; and/or, c. A requirement of the development to conform with the standards of the Unified Land Development Code at the time of the finding of non-compliance, or the addition or modification of Conditions reasonably related to the failure to comply with existing Conditions; and/or d. Referral to Code Enforcement; and/or e. Imposition of entitlement density or intensity. Staff may be directed by the Executive Director of PZ&B or the Code Enforcement Special Master to schedule a Status Report before the body which approved the Official Zoning Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or other zoning approval, in accordance with the provisions of Section 2.E of the ULDC, in response to any flagrant violation and/or continued violation of any condition of approval. (ONGOING: ZONING - Zoning) DISCLOSURE 1. All applicable state or federal permits shall be obtained before commencement of the development authorized by this Development Permit. ZC 03/03/2016 Page 233

7 Figure 1 Land Use Map ZC 03/03/2016 Page 234

8 Figure 2 Zoning Map ZC 03/03/2016 Page 235

9 Figure 3 Aerial ZC 03/03/2016 Page 236

10 Figure 4 - Final Site Plan dated December 16, 2015 (1 of 2) ZC 03/03/2016 Page 237

11 Figure 5 - Final Site Plan dated January 14, 2016 (2 of 2) ZC 03/03/2016 Page 238

12 Figure 6 Previously approved Final Regulating Plan dated October 14, 2015 ZC 03/03/2016 Page 239

13 Figure 7 Preliminary Master Sign Plan dated December 16, 2015 (1 of 3) ZC 03/03/2016 Page 240

14 Figure 7 Preliminary Master Sign Plan dated December 16, 2015 (2 of 3) ZC 03/03/2016 Page 241

15 Exhibit D Disclosures ZC 03/03/2016 Page 242

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21 Exhibit E Applicant s Justification Statement ZC 03/03/2016 Page 248

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24 Exhibit F Applicant s Wall Sign Analysis ZC 03/03/2016 Page 251

25 Exhibit F Applicant s Wall Sign Analysis ZC 03/03/2016 Page 252