PALM BEACH COUNTY ENGINEERING DEPARTMENT. ZONING COMMISSION SUBDIVISION VARIANCE STAFF REPORT August 6, 2015

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1 PALM BEACH COUNTY ENGINEERING DEPARTMENT ZONING COMMISSION SUBDIVISION VARIANCE STAFF REPORT August 6, 2015 APPLICATION NO. CODE SECTION REQUIRED PROPOSED VARIANCE SD E.9.B.2 No access from individual lots shall be permitted directly to a major street. Direct access to Hagen Ranch Road. To allow direct access to Hagen Ranch Road. SITUS ADDRESS: Hagen Ranch Road, approximately 460 feet north of Atlantic Avenue AGENT NAME & ADDRESS: OWNER NAME & ADDRESS: Delray Beach, FL Urban Design Kilday Studios 610 Clematis St, Suite CU02 West Palm Beach FL Palm Beach Properties Development Company LLC 120 E Palmetto Park Rd, Suite 400 Boca Raton FL PCN: BCC DISTRICT: 5 PROJECT MANAGER: LEGAL AD: Joanne M. Keller, P.E. SD-148 Title: Resolution denying a Type II Variance application of Palm Beach Properties Development Company, LLC, by Urban Design Kilday Studios, Agent. Request: To allow a variance from the requirement that no access from individual lots shall be permitted directly to a major street. (Article 11.E.9.B.2.) General Location: west side of Hagen Ranch Road approximately 460 feet north of Atlantic Avenue, in the CG Zoning District. CG CH/8 ZONING DISTRICT: LAND USE: CONTROL #: LOT AREA: acres more or less LOT DIMENSIONS: 139 ft. x 314 ft. CONFORMITY OF CONFORMITY OF LOT: ELEMENT: TYPE OF ELEMENT: ELEMENT SIZE: BUILDING PERMIT #: CONSTRUCTION STATUS: APPLICANT REQUEST: NOTICE OF VIOLATION: Allow for direct access to Hagen Ranch Road. ZC August 6, 2015 Page 143

2 STAFF SUMMARY Subdivision Variance Request Proposed is a Subdivision Variance to allow the owner direct access onto a major street, Hagen Ranch Road. The site is currently zoned CG with a CH/8 land use. This variance is required prior to applying for site plan approval on the lot. General Location The property is located on the west side of Hagen Ranch Road, approximately 460 feet north of Atlantic Avenue. Approval History and Existing Conditions The subject property has vegetation and is vacant of man-made improvements. There does not appear to have been any previous FLUA Amendments on the subject property. There was previous public hearing zoning approval granted by the PBC Board of County Commissioners (BCC) on March 13, Per Resolution R , the subject property was rezoned from the Residential Transitional (RT) Zoning District to the General Commercial (CG) Zoning District. Below is a tabulated breakdown of the prior zoning public hearing approvals associated with the subject property. Control No. Description Action Date Resolution/ Ordinance No (A) Rezoning from RT to CG Approved March 13, 1984 R Legal Lot of Record Prior to the applicant s purchase of the subject property in August 2014, the agent confirmed with the PBC Land Development Division that the subject property was not a legal lot of record and would therefore need to be platted. As such, a plat application was submitted to the PBC Land Development Division by Caulfield & Wheeler on April 1, As of the date of this submission, a Second Comments Letter has been issued on that application. The agent understands that the plat application cannot be approved until after this Subdivision Variance request is approved or alternative access is provided. Surrounding Land Uses Below is a description of the uses on the adjacent properties (or those on the other side of abutting R- O-W s) to the north, south, east and west of the overall property. North and West: To the north of the subject property is one (1) property (details below): o PCN : Directly to the north and west of the subject property is an L-shaped parcel owned by Ansca Development Group LLC. This property has a FLUA designation Commercial High with underlying Medium Residential, up to 5 unit dwellings per acre (CH/5) and is in the Multiple Use Planned Development (MUPD) Zoning District. This property is part of a proposed 175,800 square foot (s.f.) commercial project (Control No ) known as Villaggio Isles MUPD. The project has not been platted nor has it yet entered a construction phase. South: To the south of the subject property is one (1) property (details below): o PCN : This approximately 3.3-acre property is currently owned by South Florida Commercial Properties LLC, has a FLUA designation of CH/8 ZC August 6, 2015 Page 144

3 and is within the CG Zoning District. This property is currently used as a Chevron service station. The site plan was recently amended to create a new parcel between the existing gas station and the subject parcel. The agent understands that this project is currently going through the platting process. East: To the east of the subject property, across Hagen Ranch Road (a right-of-way with an ultimate width of 81.9 feet) is one (1) property (details below): o PCN : This is an approximately 20.8-acre property owned by RLV Oriole Plaza LP has a FLUA designation of Commercial High, with an underlying HR-8 (CH/8) and is within the CG Zoning District. Summary of Art. 11.E.9.B.2 The purpose and intent of this portion of the code is to limit access points on thoroughfare plan roads. ZC August 6, 2015 Page 145

4 Figure 1 Aerial ZC August 6, 2015 Page 146

5 Figure 2 plans / survey ZC August 6, 2015 Page 147

6 STAFF RECOMMENDATIONS Staff recommends denial of the request subject to 4 Conditions of Approval as indicated in Exhibit C, 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: INCORRECT. The circumstances affecting the access to this lot are directly related to the illegal subdivision that created this lot. Had the lot been created in accordance with the Subdivision Ordinance, legal access would have been provided. 2. SPECIAL CIRCUMSTANCES AND CONDITIONS DO NOT RESULT FROM THE ACTIONS OF THE APPLICANT: INCORRECT. The circumstances affecting the access to this lot are directly related to the illegal subdivision that created this lot and resulted from actions of owners of this property. 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: CORRECT. There have been simliar subdivision variances granted by the Zoning Commission. 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: INCORRECT. Literal interpretation of the code does not cause an unnecessary hardship on the applicant since this site has been given the right to access Hagen Ranch Road via shared access points on adjacent properties. Specifically, Villaggio Isles MUPD to the north and west of the petition site has provided an access easement recorded in ORB20708 Page GRANT OF VARIANCE IS THE MINIMUM VARIANCE THAT WILL MAKE POSSIBLE THE REASONABLE USE OF THE PARCEL OF LAND, BUILDING OR STRUCTURE: INCORRECT. The applicant is able to develop the lot with no subdivision variances by utilitizing the access easement and cross-access location available to the lot from neighboring properties. 6. GRANT OF THE VARIANCE WILL BE CONSISTENT WITH THE PURPOSES, GOALS, OBJECTIVES, AND POLICIES OF THE COMPREHENSIVE PLAN AND THIS CODE: INCORRECT. Grant of this variance will be inconsistent with the cross-access requirements as well as cause a violation of the Engineering Department s Access Management criteria for major roadways. 7. THE GRANT OF THE VARIANCE WILL NOT BE INJURIOUS TO THE AREA INVOLVED OR OTHERWISE DETRIMENTAL TO THE PUBLIC WELFARE: INCORRECT. Grant of this variance is potentially injurious because it does not meet minimum spacing driveway requirements set forth in the Engineering Department s Access Management criteria for major roadways. ZC August 6, 2015 Page 148

7 ZONING COMMISSION CONDITIONS EXHIBIT C SUBDIVISION 1. Prior to Final Approval by the Development Review Officer (DRO), the approved Variance and any associated Conditions of Approval shall be shown on the Subdivision Plan. (DRO: ENGINEERING - ENG) 2. 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) 3. 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: MONITORING - Zoning) DISCLOSURE 1. All applicable state or federal permits shall be obtained before commencement of the development authorized by this Development Permit. ZC August 6, 2015 Page 149

8 Exhibit D: Disclosure ZC August 6, 2015 Page 150

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16 Exhibit E: Applicants Justification 1. Special Conditions and circumstances exist that are peculiar to the parcel of land, building and structure that are not applicable to other parcels of land, structures or buildings in the same zoning district. RESPONSE: The subject parcel was purchased by the applicant in August The parcel to the north has possible cross access; however; the parcel is owned and controlled by Ansca Development Group LLC to the north and west. Therefore the applicant has no control of the placement or timing of construction of the physical access on the adjacent property. If the applicant were to rely on the proposed cross access point, it would be unclear when clients, visitors, employees and services would be able to utilize the access. It is not reasonable to require that the subject property s access be dependent on the construction of site improvements on an adjacent property to the north. 2. Special Circumstances and conditions do not result from the actions of the applicant. RESPONSE: Prior to the applicant s purchase of the subject property the applicant and agent performed due diligence by corresponding with PBC Land Development Division Staff (see attached correspondence for reference) regarding the site s right-of-way access point and the potential for any right-of-way dedication. At that time, it was determined by Staff that the subject property could have direct access to Hagen Ranch Road and the location of the access was defined. The applicant and agent hence created a site plan that included a direct access point to Hagen Ranch Road. The applicant subsequently purchased the subject property based on these discussions. Since the initial correspondence (approximately 10 months prior to the submission of this application), PBC Land Development Division Staff has determined that ULDC Art.11.E.9.B.2. should be met in regards to this parcel creating the accessibility issue that is the purpose of this Subdivision Variance request. As stated before, the construction of the cross-access point to the north of the subject property is not under the control of the applicant. Therefore, the request is not a self-created condition. 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. RESPONSE: The allowance of a direct access point to Hagen Ranch Road would not provide the applicant any special privilege. Any parcel within the same zoning district is permitted to request and be granted this variance upon sufficiently addressing the variance criteria. 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 lands in the same zoning district, and would work an unnecessary and undue hardship. RESPONSE: If the direct access to Hagen Ranch Road was denied it would require that the applicant s proposed traffic (employees, clients, visitors and service) would all be required to utilize the proposed cross access easement to the north of the subject property in the MUPD known as Villagio Isles (Control No ) to access the applicant s property. As stated, the 25 easement to the north in Villaggio Isles is not yet constructed and it is unclear when it will be. Additionally, the location of the easement on the latest site plan is not consistent with the current easement agreement. Not allowing the subject property to directly access Hagen Ranch Road would cause the applicant an undue hardship by forcing the delay of their construction until the cross access road is constructed by the adjacent property owner. Even if the adjacent property owner constructed the cross access and/or allowed the applicant to construct the cross access concurrently with the construction of the their facility there would still be a 12 hiatus area between the east line of the easement and the Hagen Ranch Road right-of-way, until dedication of the right-of-way is made to PBC by the owner of the MUPD. This 12 area is an additional right-of-way dedication that the Villagio Isles MUPD property owner is required to dedicate for the purposes of a right-hand turn lane into the MUPD. Without the dedication of this turn lane the applicant would not have the legal right to cross that land area. 5. Grant of variance is the minimum variance that will make possible the reasonable use of the parcel of land, building or structure. ZC August 6, 2015 Page 158

17 RESPONSE: The applicant is only requesting one direct access point to Hagen Ranch Road which is the minimum variance necessary to ensure that the property design is efficient and effective. 6. Grant of the variance will be consistent with the purposes, goals, objectives, and polices of the comprehensive plan and this code. RESPONSE: The intent of the ULDC is met with the granting of the variance. The intent is to limit the amount of vehicular access points to major roadways to create a safer environment. The existing cross access point requires that a visitor drive through a MUPD to access the site. During the applicant s due diligence review period the PBC Land Development Division had previously determined that the location of the proposed access was acceptable and did not create a site condition that would cause concern by Staff. 7. The grant of the variance will not be injurious to the area involved or otherwise detrimental to the public welfare. RESPONSE: The grant of the variance would not negatively affect the surrounding area or endanger public welfare. The direct access to Hagen Ranch Road would create a safer and more effective route for visitors, employees, clients and service vehicles to take to the site and was previously vetted by PBC Land Development Division Staff. ZC August 6, 2015 Page 159