PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION ZONING COMMISSION VARIANCE STAFF REPORT 06/07/2012

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1 PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION ZONING COMMISSION VARIANCE STAFF REPORT 06/07/2012 APPLICATION NO. CODE SECTION REQUIRED PROPOSED VARIANCE ZV Variance 1 (V1) 8.F.5.C Illumination - AGR Tier Requirements Emergency Entry Signs may be illuminated by external or silhouette lighting only in the AGR Tier. To allow internally lit signage for the ambulance entry To allow internally lit signage for the ambulance entry. Variance 2 (V2) 8.F.5.C Illumination - AGR Tier Requirements Ambulance Entry Signs may be illuminated by external or silhouette lighting only in the AGR Tier. To allow internally lit signage for the emergency entry. To allow internally lit signage for the emergency entry. Variance 3 (V3) Table 8 G.2.A Freestanding signs shall have a minimum setback of 10 feet in the AGR Tier To allow the west side main entry sign (A-1) a 5 feet side setback To allow a 5 foot reduction of the west side main entry sign (A- 1) SITUS ADDRESS: 9850 Boynton Beach Blvd Boynton Beach AGENT NAME & ADDRESS: OWNER NAME & ADDRESS: Shayne Broadnix Urban Design Kilday Studios 477 S Rosemary Ave West Palm Beach FL Bethesda Healthcare System, Inc S Seacrest Blvd Boynton Beach FL PCN: ZONING DISTRICT: INST MUPD ZC 06/07/2012 Page 75

2 BCC DISTRICT: 05 PROJECT MANAGER: Carrie Rechenmacher, Senior Site Planner LEGAL AD: ZV Title: Resolution approving a Type II Zoning Variance application of Bethesda Healthcare System Inc - Bethesda Healthcare System Inc by Urban Design Kilday Studios, Agent. Request: to allow internally lit signage and to allow a reduction in setback for an entry sign in the AGR Tier. General Location: Northeast corner of Boynton Beach Boulevard and State Road 7. (BETHESDA WEST HOSPITAL) ( ) LAND USE: AGR INST S/T/R: CONTROL #: LOT AREA: acres +/- LOT DIMENSIONS: 2,329 ft. x 1,229 ft. CONFORMITY OF Conforming CONFORMITY OF Non-conforming LOT: ELEMENT: TYPE OF ELEMENT: Landscape and Signs ELEMENT SIZE: Internal Lighting and setback BUILDING PERMIT None NOTICE OF None #: VIOLATION: CONSTRUCTION STATUS: Under Contruction APPLICANT REQUEST: to allow internally lit signage and to allow a reduction in setback for an entry sign in the AGR Tier Type II Zoning Variance Request: STAFF SUMMARY Proposed is a request for 3 Type II Variances for Bethesda West Hospital. The acre Hospital and Medical Office Buildings were initially approved by the Board of County Commissioners (BCC) on February 28, The medical complex is approved for an 80 bed hospital and 135,000 square feet of medical offices in two 67,500 square foot structures. A Development Order Amendment to modify a previous Condition of Approval to allow Architectural Review Condition 2 to allow for the elevator bulkheads and mechanical equipment to exceed the 38 foot height limitation was approved at the most recent BCC hearing on May 24 th The applicant is requesting variances to allow internally lit signage for wall mounted signage for the ambulance and emergency entry signage and to allow a 5 foot reduction of the 10 foot setback for the west main entry Ground Mounted Freestanding Entry Sign. No changes to the site plan are proposed. A total of 1,151 parking spaces are proposed, and access to the site remains from Boynton Beach Boulevard (3) and US/441 (1). o Project History On August 22, 2005 the Board of County Commissioners (BCC) approved changing the Future Land Use (FLU) Land Use designation from Agricultural Reserve (AGR) to Institutional (INST) via Ordinance Number The Institutional FLU and Agricultural Reserve (AGR) Tier designation determine the future development for the property, establishing allowable uses and intensities and applicable property development regulations. ZC 06/07/2012 Page 76

3 On February 28, 2008 the BCC approved a rezoning from Agricultural Reserve (AGR) to an Institutional Multiple Use Planned Development (MUPD) with a Requested Use for an 80-bed 207,750 square foot hospital and one 3-story 48,000 square foot medical office building on the acre site. On October 1, 2009, the Zoning Commission approved 9 Type II variances via Zoning Resolution Numbers ZR and 035. The approved variances allowed modifications to interior landscaping required in the AGR tier, elimination of a wall required within the landscape buffer along the north and east property lines, to allow internally lit building signage for the ambulance, emergency entry, wall sign above the main hospital entry doorway, and 2 logo signs. A variance was also granted to allow temporary non-residential development signs in excess of 32 square feet for the proposed Hospital. The temporary signs were approved for 120 square feet per frontage allowing a rendering of the hospital and identification of the future tenant for the site. Pursuant to Article 2.B.3.G.2 all the variances previously granted on October 1, 2009 ZR will remain in effect. The exception is the approval for the Variance 7 and 8 allowing the internal lighting for the ambulance and emergency entry signs which will be modified with the approval of this request. Approval of this variance request will render the size limitation null and void. On March 31, 2011 the BCC approved an amendment to allow two 2-story medical offices that are 67,500 square feet each providing a total of 135,000 square feet (+87,000 SF) for medical offices and 343,000 square feet overall for the 59-acre MUPD. On May 24, 2012 the site is subject to an Expedited Consideration Application to allow an exemption to a height limitation of 38 feet. Pursuant to Article 3.D.1.E. of the Unified Land Development Code, elevator bulkheads and similar uses are exempted from the height regulations. This exemptionw was added to the Condition of Approval of Resolution R , (Architectural Review Condition 2). No other amendments were proposed for the 80 bed hospital and 135,000 square feet of medical offices (two 67,500 square foot structures). Compatibility with Surrounding Uses: To the north, across a 30-foot wide road and drainage right-of-way, is Faith Farm (Control No ) which has an existing 25-foot wide landscape buffer. To the south, across Boynton Beach Boulevard are several existing agricultural and commercial uses, including a wholesale nursery and a restaurant. To the west, across State Road 7 are several existing commercial uses, including 4- Points Market. To the east is vacant property with an approval for Boynton Beach Community Church (Control No ). The subject site is in AGR Tier as designated by the Managed Growth Tier System (MGTS). The hospital is approved and under construction and found compatible and supportive to the surrounding area. The signage for the emergency entrances were previously approved, but were limited to 2.3 square feet by a condition of approval. The requested variances will not provide any additional negative impact but are necessary to accommodate specific requirements related to the site and the details such as an entry sign location and the ambulance and emergency signage size as related to this use. o Summary of Unified Land Development Code (ULDC) Requirements and Variance Requests V.1 & 2. Article 8.F.5.C.1: Illumination AGR Tier Requirements, (Ambulance and Emergency Entry Signs) The ULDC limits signage lighting in the AGR Tier to only external or silhouette lighting. As referenced in the project history above, the proposed hospital was previously granted approval to allow for the Ambulance Entry and Emergency Entry wall signs to be internally lit, via Resolution ZR However, a ZV Condition of Approval No. 2 limited the size of the signs to 2.3 square feet. The condition was drafted based on the drawings presented by the applicant. This size of sign was proposed prior to the construction of the hospital building and the ability of the applicant to fully assess requirements for the ambulance and emergency signage and the possible conflict of the two entryways and importance of visibility. ZC 06/07/2012 Page 77

4 Staff recommends approval of this request since this is a public health and safety issue specific to this use and the request is required to adequately indicate an Ambulance and Emergency wall signage. The ULDC allows a maximum of 24 square feet for an awning or canopy. The photos provided in Figures 12, 13 and 14 provide a visual analysis of the proposed signage mounted on the hospital entrances and illustrate the effects of internal lighting. Variance V3: ULDC Table 8.G.2.A. Setbacks for Freestanding Signs in the AGR Tier. (West Freestanding Entry Sign) Variance 3) ULDC Table 8.G.2.A. of Article 8 requires that freestanding signs in the AGR Tier be setback 10 feet from a property line. The applicant requests to allow the western main entry sign (Sign A-1) to be setback from the western property line a distance of 5 feet. The approved Site Plan currently depicts entry signs on either side (east and west) of the main entrance to the hospital from Boynton Beach Boulevard. These signs were placed an approximate equal distance on either side of the main entry drive, which provides for a balanced entry feature. During the utility design process, it was determined that a 20 foot utility easement would be required on the west side of the entrance drive. As the sign is not allowed to encroach in this easement area, the sign must be shifted to the west and now has a 5 foot setback from the west property line for Sign A-1. In order to provide for a visually pleasing entry feature to the hospital, Sign A-2, located on the eastern sign of the entry drive is also being shifted to the east to provide for a balanced entry feature for motorists entering the hospital campus. The eastern sign however, will not require any variance approvals. It is important to note that pursuant to Article 2.B.3.G.2 all the variances previously granted on October 1, 2009, via Resolution ZR will remain in effect. The exception is the approval for the Variance 7 and 8 allowing the internal lighting for the ambulance and emergency entry signs which will be modified with the approval of this request. Approval of this variance request will render the size limitation null and void. ZC 06/07/2012 Page 78

5 Figure 1: Aerial ZC 06/07/2012 Page 79

6 Figure 2: Zoning Quad ZC 06/07/2012 Page 80

7 Figure 3: Preliminary Site Plan: ZC 06/07/2012 Page 81

8 Figure 4: Preliminary Regulating Plan: ZC 06/07/2012 Page 82

9 Figure 5: Preliminary Master Sign Plan: ZC 06/07/2012 Page 83

10 Figure 6 Figure 7 Figure 8 ZC 06/07/2012 Page 84

11 Figure 9 Figure 10 Figure 11 ZC 06/07/2012 Page 85

12 V.1 & 2. Article 8.F.5.C.1 Illumination AGR Tier Requirements (Ambulance Wall Sign) The ULDC limits signage lighting in the AGR Tier to only external or silhouette. The applicant requests that internally lit signage be allowed for the ambulance porte-cochere due to health and safety issues. The public will be benefitted by the highly visible location marker for the ambulance entry. The proposed sign is 24 square feet in size. The following photos provide a visual analysis of the proposed Emergency Signage mounted on the hospital entrances and illustrate the effects of internal lighting: Figure 12 ZC 06/07/2012 Page 86

13 Figure 13 Figure 14 ZC 06/07/2012 Page 87

14 STAFF RECOMMENDATIONS Staff recommends approval subject to 5 Conditions of Approval, 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 Commission who may authorize a variance. 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: Variance 1 and 2. YES. Signs that are in the AGR Tier may only be illuminated by external or silhouette lighting according to Article 8.F.5.C.-1. In this case, the uniqueness of the use and location in the AGR Tier are factors that are special conditions and circumstances. An institutional and hospital use use may not have been anticipated in the AGR Tier but serves the residents of the area. The internally illuminated signage is a health and safey issue that would provide better visibility to the emergency entrances and would assist in the avoidance of conflict between ambulance and emergency room traffic. Bethesda West Hospital was previously granted approval to allow for the ambulance entry and emergency entry wall signs to be internally lit, via Resolution ZR However, Condition of Approval No. 2 limited the size of the signs to 2.3 square feet. The building and majority of the infrastructure associated with the project s internal roadway system has since been installed. This size of the sign was proposed prior to the construction of the hospital building and the ability of the applicant to fully assess the visibility of the proposed signs for the ambulance entrance the emergency room entrance. It recently become clear that the size of the signs as previously conditioned are not adequate to provide the required guidance to the users of the hospital. The request for Variances 1 and 2 now, includes the ability to meet the maximum square footage for canopy signs of twenty-four square feet. Table 8.G.1.A. of Article 4 of the ULDC Wall Sign Standards, allows for a sign along the building frontage for a parcel in the AGR Tier to be a minimum of 24 square feet in sign face area or based on 0.75 square feet per the linear façade of the building area to which it is attached. However the maximum of 24 square feet for the canopy signage must be included in this calculation. Variance 3. YES. A special circumstance exists, as the requirement for a 20 foot wide water force main and sewer pipe Utility easement running parallel to the west side of the main entry drive was not recognized until after the design of the site layout and at the time of the utility design. As the west portion of the main entrance sign must be set outside this easement, the sign must be shifted to a location approximately five feet from the west property line. The placement of the sign meets the required setback from the Boynton Beach Boulevard right of way. Additionally, a five foot landscape buffer is provided along the property's western property line in the vicinity of the proposed sign. The adjoining property is currently occupied by a non-residential use (agricultural equipment sales) and is currently the subject of a land use plan amendment to change the land use to Institutional to allow uses supportive of and compatible with the hospital campus. The entry sign on the east side of the entry drive will be similarly setback from the entry drive to provide for a balanced entry feature as motorists enter and pass by the site. 2. SPECIAL CIRCUMSTANCES AND CONDITIONS DO NOT RESULT FROM THE ACTIONS OF THE APPLICANT: Variance 1 and 2. YES. The special circumstance is the location of a more typically urban use of a hospital in the AGR Tier which is not a result of the applicant. To address health and safety issues staff is in support of the signage modifications. The Comprehensive Plan has identified the need for hospital and medical services in this area of Palm Beach County to serve the area needs. Variance 3. YES. The special circumstance of the location of the proposed utility easement, not known to the applicant until during utility design and construction, is not a result of the applicant, but ZC 06/07/2012 Page 88

15 is in part a result of the platting process for an MUPD. As these types of planned developments are only required to process a boundary plat, the timing associated with the identification of the utility conflict has caused issues in regard to the location of the entry drive and signage. 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: Variance 1 and 2. YES. - The granting of the variance will 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, as any applicant who can provide evidence of compliance with the variance criteria may pursue and be granted a variance. An INST/MUPD's in the AGR Tier is an unusual circumstance. Parcels in the INST/MUPD zoning district in the Urban Suburban Tier have the benefit of utilizing internally lit signage. A variance to allow internally illuminated signs was previously granted for both these signs, as well as signs within the Delray Marketplace TMD. Variance 3. YES. - The granting of the variance will not confer upon the applicant any special privilege denied by the comprehensive plan and this code. The intent to not negatively impact the adjoining property owner is mitigated not only by the proposed buffer on the subject property, but also the anticipated future buffer on the property to the west. The intent to provide a visually attractive entry feature to the motorists on Boynton Beach Boulevard, as well as those accessing the site via the main entry drive, is met via a well-balanced entry. 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: Variance 1 and 2. YES. The intent of the code is to allow signs in the AGR Tier to only be illuminated by external or silhouette lighting. Literal interpretation of the code would create an unnecessary hardship upon the property owner in that the allowed illuminated sign would not provide the level of visibility associated with an internally lit sign and could hamper service providers and the public's ability to locate the facility at night. The intent of the code to provide for the public's health, safety, and welfare in the provision of the proposed signage. Variance 3. YES. The intent of the code is to provide adequate setbacks for signage from both the right of way and adjacent properties and literal interpretation of the code would create an unnecessary hardship upon the property owner. The intent to provide a visually attractive entry feature to the motorists on Boynton Beach Boulevard. The placement of the sign meets the required setback from the Boynton Beach Boulevard right of way and the adjoining property is currently occupied by an agricultural equipment sales use. The adjacent site is currently has an application for a land use plan amendment to change the land use to Institutional to allow uses supportive of and compatible with the hospital campus. Any impact to the adjoining property owner is mitigated by the proposed buffer on the subject propert and also the future buffer on the property to the west. 5. GRANT OF VARIANCE IS THE MINIMUM VARIANCE THAT WILL MAKE POSSIBLE THE REASONABLE USE OF THE PARCEL OF LAND, BUILDING OR STRUCTURE: Variance 1, 2 and 3. YES. The granting of the variance to allow internally lit signage for the ambulance and emergency entries is the minimum necessary to provide the appropriate lighting for this site to aide residents locating the appropriate entry to the hospital for their situation and to separate ambulance and emergency room traffic. Photos in this report show how the signage would appear from various points on the hospital campus. While the necessity for the size of the sign was not realized by the applicant until the project was under construction, it is important to note that the variance for the internal illumination was previously approved and this request is only to amend a previously imposed condition of approval to allow for code compliant sized signage. ZC 06/07/2012 Page 89

16 Variance 3. YES. - The granting of the variance is to allow the sign to be placed outside of the unforeseen utility easement and will provide for a balanced signage entry feature, while not negatively impacting the adjoining property owner or the public. 6. GRANT OF THE VARIANCE WILL BE CONSISTENT WITH THE PURPOSES, GOALS, OBJECTIVES, AND POLICIES OF THE COMPREHENSIVE PLAN AND THIS CODE: Variance 1 and 2. YES. - The granting of the variances will be consistent with the comprehensive plan and the code as the request for internally lit signage for the ambulance and emergency entries for this site is necessary to provide for the public health, safety and welfare in locating the hospital and the appropriate entrance to utilize. Variance 3. YES. - The reduced setback will further the County direction to provide for an aesthetically pleasing view from the right of way by allowing the entry signage feature to the hospital campus to be balanced on either side of the entry drive. 7. THE GRANT OF THE VARIANCE WILL NOT BE INJURIOUS TO THE AREA INVOLVED OR OTHERWISE DETRIMENTAL TO THE PUBLIC WELFARE: Variance 1, 2 and 3. YES. - The granting of this variance will not be injurious to the area involved or otherwise detrimental to the public welfare, by internally illuminating the ambulance and emergency entry signs it will provide a clear identification of the separate entrances to aid in providing an efficient route to the appropriate entrance, promoting the public's health, safety and welfare. The sign is outside of the safe sight corner complying with safety concerns as mandated by the ULDC. ZC 06/07/2012 Page 90

17 EXHIBIT C Type II Variance - Standalone ZONING COMMISSION CONDITIONS VARIANCE 1. The Development Order for this Standalone Variance shall be valid until June 07, 2013, a period of one year from the date of the Zoning Hearing. The Property Owner shall secure a Building Permit or commence development to vest the Variance pursuant to ULDC Table 2.E.3-B-1. (DATE: MONITORING - Zoning) 2. At time of application for a Building Permit, the Internally lit sign for the main public entrance of the hospital shall be limited to a fifty (50) square foot wall sign. (BLDG PERMIT:ZONING-Landscape) SITE DESIGN 3. The property owner or applicant shall amend the master sign plan and provide the Building Division with a copy of the Type II Variance Result Letter and a copy of the revised sign plan with the building permit application. (ONGOING-BLDG PERMIT: BLDG) COMPLIANCE 4. 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: MONITORING - Zoning) 5. 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 (CO); 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; 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 (ULDC) 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: MONITORING - Zoning) ZC 06/07/2012 Page 91

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22 Exhibit E: Applicant s Justification Statement ZC 06/07/2012 Page 96

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