PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION ZONING COMMISSION VARIANCE STAFF REPORT 06/05/2014 APPLICATION NO. ZV-2013-03120 CODE SECTION REQUIRED PROPOSED VARIANCE (V1) Table 3.D.1.A. Property Development Regulations - Minimum Lot Size 1 acre 0.66 acre -0.34 acre (V2) Table 3.D.1.A. Property Development Regulations - Minimum Lot Depth 200 feet 152.48 feet -47.52 feet SITUS ADDRESS: AGENT NAME & ADDRESS: (V3) 3.D.3.A.2.a. Hours of Operation - Commercial Use within 250 feet of a Residential District 6014 and 6030 S. Military Trail Lake Worth, FL 33463 Brian Terry Land Design South, Inc. 400 Columbia Dr. West Palm Beach, FL 33409 OWNER NAME & Lantana Shiv Property, LLC ADDRESS: 991 Stinson Way, Unit 401 Royal Palm Beach, FL 33411 PCN: 00-42-44-37-00-037-0014 ZONING Neighborhood Commercial (CN) DISTRICT: BCC DISTRICT: 03 PROJECT Carol Glasser, Site Planner II MANAGER: LEGAL AD: Hours limited to 6:00 a.m. to 11:00 p.m. daily 4:00 a.m. to 11:00 p.m. daily + 2 hours (from 4:00 a.m. to 6:00 a.m. daily) ZV-2013-03120 Title: Resolution approving a Type II Variance application of Lantana Shiv Property, LLC by Land Design South, Inc., Agent. Request: to allow a reduction in lot size and depth; and, to allow business activity to begin at 4:00 a.m. within 250 feet of a residential zoning district. General Location: Southeast corner of Lantana Road and Military Trail. (DUNKIN DONUTS) (1994-00005) LAND USE: Commercial High with an underlying High Residential 8 units per acre (CH/8) CONTROL #: 1994-00005 LOT AREA: 0.66 acres +/- S/T/R: 37-44-42 LOT Irregular 191.58 feet wide by 152.48 feet in depth ZC 06/05/2014 Page 166
DIMENSIONS: CONFORMITY OF LOT: TYPE OF ELEMENT: BUILDING PERMIT #: CONSTRUCTION STATUS: APPLICANT REQUEST: Conforming CONFORMITY OF N/A ELEMENT: N/A ELEMENT SIZE: N/A N/A NOTICE OF VIOLATION: N/A 2 existing buildings are proposed to be demolished; 1 new building is proposed. To allow a reduction in lot size and depth; and, to allow business activity to begin at 4:00 a.m. within 250 feet of a residential zoning district. STAFF SUMMARY The Applicant is requesting two Type II Variances to allow a reduction in minimum lot size from 1 acre to 0.66 acre (-0.34 acre) and a reduction in minimum lot depth from 200 ft. to 152.48 ft. (-47.52 ft.) for a lot in the General Commercial (CG) Zoning District; and, a third Variance to allow business activity to begin at 4:00 a.m. for a Commercial use that is located within 250 ft. of a residential district. The Applicant has submitted a separate application Z/CA-2013-03120 requesting an Official Zoning Map Amendment to allow a rezoning from the CN Zoning District to the CG Zoning District; and, a Class A Conditional Use to allow a Type I Restaurant, which is contingent upon the Variances from minimum lot size and minimum lot depth for the CG Zoning District. The Applicant proposes to demolish the two existing buildings and construct a new 3,105-sq. ft. building for a Type I Restaurant (1,760 sq. ft.) with a drive thru and General Retail Sales (1,345 sq. ft.). The Preliminary Site Plan indicates a total of 18 parking spaces. Access is provided from Military Trail (1) and Lantana Road (1). General Location, Previous Approvals, and Existing Conditions The 0.66-acre site is located at the southeast corner of the intersection of Lantana Road and Military Trail. The site was previously approved to allow a Convenience Store in September 1975 by Building Permit B1970-591999. On March 9, 1994, the Development Review Committee (now Development Review Officer) approved a revision to the plan to convert the service station and add square footage to allow a Specialty Restaurant. The subject site is a conforming lot in the CN Zoning District: Required Existing Acreage 0.50 0.66 Lot Depth 100 feet 152.48 feet Lot Width 100 feet 191.58 feet The CN Zoning District "is to provide a limited commercial facility of a convenience nature, serving residential neighborhoods within a one-half mile radius, located on a local, collector, or arterial street." The site has access from two arterials, Military Trail and Lantana Road. The existing and proposed primary entrances face Lantana Road. Lot frontage for the corner lot is Lantana Road. However, the site will be allowed to retain a Military Trail address. The approved uses per the Final Site Plan dated January 19, 1994 are a Convenience Store and Specialty Restaurant. The Convenience Store building was constructed in 1975 on the site with an existing service station that was originally constructed in 1963. The fuel tanks were removed in 1990. The Convenience Store is a minor nonconforming use in the CN Zoning District. The approval process for a Convenience Store has changed to a more restrictive Class A Conditional Use review. The Convenience Store building is vacant and is not proposed to be carried forward with the request. ZC 06/05/2014 Page 167
As defined in the prior Code, a Specialty Restaurant is an establishment where a limited variety of food and beverages may be prepared and consumed on the site. A Specialty Restaurant use was limited to 1,500 sq. ft. in the CN Zoning District. In the current Code, the restaurant is classified as a Type I Restaurant, which is limited to a maximum of 1,500 sq. ft. and no drive thru in the CN Zoning District. The existing structures conform to the setbacks of the CN Zoning District. The service station building was expanded and converted for the existing Dunkin Donuts Specialty Restaurant in 1995. The site includes nonconforming site elements (i.e. Perimeter Buffers, Pole Signs). Compatibility with Surrounding Land Uses: NORTH: FLU Designation: (CH/5) Zoning District: Supporting: FLU Designation: Zoning District: Supporting: SOUTH: FLU Designation: Zoning District: Supporting: EAST: FLU Designation: Zoning District: Supporting: WEST: FLU Designation: Zoning District: Supporting: Commercial High with an underlying Medium Residential, 5 units per acre CG Gasoline Service Station and Car Wash Medium Residential, 5 units per acre (MR-5) Residential Single Family (RS) Single Family Dwelling High Residential, 8 units per acre (HR-8) Agriculture Residential (AR) Public Utility Service including an Electric Power and Light Substation (FP&L Substation, Control No. 1986-00119) HR-8 AR Public Utility Service including an Electric Power and Light Substation (FP&L Substation, Control No. 1986-00119) CH/5 Multiple Use Planned Development (MUPD) General Retail Sales, Medical Office, Type I Restaurant (Wendy's) (Military and Lantana MUPD, Control No. 1998-00013) Summary of Table 3.D.1.A, Minimum Lot Size, Lot Depth, and Lot Width for the General Commercial Zoning District: Required Existing Acreage 1.00 0.66 Lot Depth 200 feet 152.48 feet Lot Width 100 feet 191.58 feet The purpose and intent of minimum lot sizes and dimensions is to allow for the appropriate land area for more intense uses, which require more land area to function and provide the necessary site elements. Summary of Article 3.D.3.A.2.a, Hours of Operation - All Commercial Uses located within 250 feet of a residential district shall not commence business activities, including deliveries and stocking, prior to 6:00 AM nor continue business activities later than 11:00 PM daily. Measurement shall be taken by drawing a straight line from the closest point on the perimeter of the residential district to the closest point on the perimeter of the exterior wall, structure, or bay, housing the non-residential use. ZC 06/05/2014 Page 168
STAFF RECOMMENDATIONS Staff recommends denial of the request. If the Zoning Commission approves the variances the variances should be subject to 7 Conditions of Approval as indicated in Exhibit C. Staff s recommendation is 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: V1 and V2 - NO The Applicant is requesting variances from the Property Development Regulations for minimum lot size and minimum lot depth for a lot in the CG Zoning District to propose a Type I Restaurant with a drive thru pursuant to a separate application, Z/CA-2013-03119. The purpose of the variance is to allow a use that is not permitted in the CN Zoning District. Minimum dimensions and sizes for lots are created for each zoning classification to ensure appropriate uses for each district and ensure allowances for site elements, function, and layout are provided for all of those uses for each district. The parcel is a conforming lot in the CN Zoning District. No special condition or circumstance exists for this parcel of land. V3 - NO The site is within 250 feet of a residential zoning district on the north, south, and east. The Agricultural Residential (AR) Zoning District directly abuts, or shares the property line of the subject site and supports an existing utility substation. To the northeast, at the centerline and across from Lantana Road (9 lanes of traffic) is the Residential Single family (RS) Zoning District and three homes are located within the 250 radius of the property. The Applicant s justification statement describes the need for the additional hours 4:00 a.m. to 6:00 a.m. to allow for delivery and stocking. The loading area is proposed at the rear of the site adjacent to the south property line, which is a utility substation. Although the residential uses are separated by an arterial road and are not located at the rear or side of the site where business activities such as delivery, loading or trash removal are located, this is not a special circumstance that is not applicable to other commercial parcels. 2. Special circumstances and conditions do not result from the actions of the Applicant: V1 and V2 - NO The need for a variance from minimum lot size and minimum lot depth results from the Applicant's actions. The subject site is a conforming lot in the CN Zoning District and is consistent with the site's CH/8 land use designation. The Applicant is requesting variances from Property Development Regulations for a lot in the CG Zoning District in order to develop a Type I Restaurant with a drive thru, which is prohibited in the CN Zoning District. V3 - NO The Applicant is requesting to change the use to a Type 1 Restaurant and to begin business activities in the restaurant at 4:00 a.m. These circumstances result from the Applicant's actions. 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, structures or buildings in the same zoning district: V1 and V2 - NO The existing site is a conforming lot in the CN Zoning District. The Applicant is proposing to redevelop the site with a Type I Restaurant with a drive thru. But, the Code prohibits Type I Restaurants over 1,500 sq. ft. and/or with a drive thru in the CN Zoning District. A special privilege ZC 06/05/2014 Page 169
would be conferred upon the Applicant. The Applicant is proposing to rezone the site to the CG Zoning District in order to avoid Art. 4 requirements for the proposed Type I Restaurant use, which is requested in application Z/CA-2013-03119, in the CN Zoning District. V3 - NO The Applicant has not supported the special circumstances and criteria for the variance; therefore, a special privilege would be conferred. Other commercial properties must comply with this same regulation within the CG or the CN Zoning Districts. 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 and V2 - NO The subject site is a conforming lot in the CN Zoning District. The Applicant may redesign the proposed building for the Type I Restaurant and General Retail Sales to meet the requirements of the Infill Redevelopment (IR) Zoning District and request concurrent variances as needed to meet the requirement to place the parking and the drive thru at the rear and side. The IR Zoning District does not have a minimum lot size to encourage redevelopment in the U/S Tier. The existing lot meets the requirement for minimum lot depth of 100 feet for the IR Zoning District and a Type I Restaurant with a drive thru is permitted in the Infill Redevelopment Overlay (IRO). The IRO offers reduced setbacks and parking ratios, increased Floor Area Ratio (FAR), and flexible landscaping to maximize the efficient use of a site and to encourage a pedestrian friendly design. V3 - NO All Commercial, Public, and Civic uses within 250 ft. of a residential district must similarly limit hours of operation. The Applicant can establish the use by compliance with Code requirements for the hours of operation as indicated in the ULDC 5. Grant of variance is the minimum variance that will make possible the reasonable use of the parcel of land, building or structure: V1 and V2 - NO The subject site is a conforming lot in the CN Zoning District and may be reasonably redeveloped with uses that are permitted in the CN Zoning District. The Applicant s desire is for a Type I Restaurant use with a drive thru that is not permitted in the current zoning district. The CG Zoning District allows for more intense uses that require a larger lot size. The Applicant has reasonable use of the land within the current zoning district. V3 - NO The hours of operation can be limited in accordance with Code to protect adjacent residential between the hours of 11:00 p.m. and 6:00 a.m. 6. Grant of the variance will be consistent with the purposes, goals, objectives, and policies of the Comprehensive Plan and this Code: V1 and V2 - NO The subject site is a conforming lot in its current CN Zoning District. The CN Zoning District is consistent with the site's Commercial High land use and does not need to be rezoned to CG for consistency with the Comprehensive Plan. V3 - NO Grant of the variance is inconsistent with the purposes and goals of the Code. The Code limits business activities prior to 6:00 a.m. due to proximity and impact on adjacent residents within 250 feet of the commercial use. 7. Granting the variance will not be injurious to the area involved or otherwise detrimental to the public welfare: ZC 06/05/2014 Page 170
V1 and V2 YES: The subject site is at the intersection of two arterial streets with Commercial High land use designations on all four corners. The site has access on two arterial streets. The Military Trail right-of-way is 144 ft. wide and the Lantana Road right-of-way is 140 ft. wide adjacent to the site. Grant of the variance will not be injurious to the area or detrimental to the public welfare. V3 YES: The nearest residential use is separated from the site by nine lanes of traffic on Lantana Road. Sound generated from motor vehicles legally operating on any public right-of-way are exempted from noise regulations in the Code. The use to the south and east is a FP&L substation with existing heavy vegetation adjacent to the subject site that is required to remain undisturbed. Grant of the variance will not be injurious to the area or detrimental to the public welfare. ZC 06/05/2014 Page 171
ZONING COMMISSION CONDITIONS Exhibit C Type II Variance - Standalone VARIANCE 1. This Variance is approved based on the layout as shown on the Preliminary Site Plan dated April 28, 2014. Only minor modifications by Board of County Commissioners or Development Review Officer shall be permitted provided the changes are consistent with this Site Plan. (ONGOING: ZONING - Zoning) 2. Prior to the submittal for Final Approval by the Development Review Officer, the approved Variance(s) and any associated Conditions of Approval shall be shown on the Site Plan. (DRO: ZONING - Zoning) 3. 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/ONGOING: BUILDING DIVISION - Zoning) 4. Hours of business operation shall be limited to 4:00 AM to 11:00 PM daily for the Type I Restaurant. (ONGOING: CODE ENF - Zoning) 5. 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) 6. 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 7. All applicable state or federal permits shall be obtained before commencement of the development authorized by this Development Permit. ZC 06/05/2014 Page 172
Figure 1 Aerial ZC 06/05/2014 Page 173
Figure 2 Preliminary Site Plan dated April 28, 2014 ZC 06/05/2014 Page 174
Figure 3 Preliminary Regulating Plan dated April 28, 2014 ZC 06/05/2014 Page 175
Figure 4 Final Site Plan dated January 19, 1994 ZC 06/05/2014 Page 176
Exhibit D: Disclosures ZC 06/05/2014 Page 177
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Exhibit E: Applicant's Justification Statement dated April 28, 2014 ZC 06/05/2014 Page 181
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