PALM BEACH COUNTY ENGINEERING DEPARTMENT ZONING COMMISSION SUBDIVISION VARIANCE STAFF REPORT October 1, 2015 APPLICATION NO. CODE REQUIRED PROPOSED VARIANCE SECTION SD-147 11.E.9.B.2 When lots are platted abutting a major street or non-plan collector street, access shall be provided by and limited to local streets or residential access streets. No access from individual lots shall be permitted directly to a major street. Modification and deletion of conditions of approval from the February 5, 2015 Zoning Commission hearing, in ZR- 2015-006 and a change to the legal description of the property subject to the variance request. To allow modification and deletion of conditions as shown below and a change to the legal description of the property subject to the variance request; original request was to allow access from a lot directly to two major streets. SITUS ADDRESS: 6455 Jog Rd Lake Worth FL 33467 AGENT NAME & ADDRESS: Cotleur & Hearing 1934 Commerce Lane, Suite 1 OWNER NAME & ADDRESS: Jupiter FL 33458 The Falls Country Club, Inc. 6455 Jog Rd Lake Worth FL 33467 PCN: 00 42 45 03 01 000 0000 BCC DISTRICT: 3 PROJECT MANAGER: LEGAL AD: Joanne M. Keller, P.E. ZONING DISTRICT: LAND USE: CONTROL #: 1985-00155 SD-147 Title: Resolution denying a Type II Variance application of The Falls Country Club, Inc., by Cotleur & Hearing. Request: To allow modification to Conditions of Approval 2 and 5 and deletion of Conditions of Approval 4 and 6 of Resolution ZR-2015-006, a variance from the requirement when lots are platted abutting a major street that no access from individual lots shall be permitted directly to a major street (Article 11.E.9.B.2) and a change to the legal description of the property subject to the variance request. General Location: the northwest corner of Jog Road and Hypoluxo Road, in the CRE Zoning District. (THE FALLS COMMERCIAL) (1985-155). CRE CR/5 ZC October 1, 2015 Page 381
LOT AREA: LOT DIMENSIONS: BUILDING PERMIT #: APPLICANT REQUEST: 171.32 acres, more or less; affected area 3.51 acres, more or less 171.32 acre parcel at the northwest corner of Jog and Hypoluxo Roads having approximately 2,250 ft. of frontage on Jog Road and approximately 1,625 ft. of frontage on Hypoluxo Road. NA NOTICE OF NA VIOLATION: To modify conditions of approval imposed by the Zoning Commission on ZR-2015-006 on February 5, 2015 pursuant to the applicant s request for variance from the requirement that access to each subdivision lot shall be provided by and limited to local streets or residential access streets. Specifically for modification of Condition 2: to increase driveway connection from one to two, to include egress to Jog Rd, to delete the requirement for right turn lane; for modification of Condition 5: to construct a right turn lane within the existing Palm Beach County right-of-way at the project s eastern entrance onto Hypoluxo Road and delete the requirement for acquisition of any additional required right-of-way; for deletion of Conditions 4 and 6; and a change to the legal description of the property subject to the variance request. STAFF SUMMARY Staff recommends DENIAL of the request based upon 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. Should the Zoning Commission vote to authorize the variance request, staff recommends the approal be subject to 8 Conditions of Approval as indicated in Exhibit C. Subdivision Variance Request APPLICANT S SUMMARY Proposed is a request for modification of conditions imposed by the Zoning Commission on February 5, 2015 on ZR-2015-006 for a Subdivision Variance to allow the property owner to access a subdivision lot by the existing arterial and collector rights-of-way. The applicant respectfully requests the modification to the following Conditions of Approval a part of Exhibit C of resolution ZR-2015-006: 2. The property owner shall be limited to one two driveway connections (ingress & egress) onto Hypoluxo Road and one driveway connection (ingress & egress only) to Jog Road., with adequate spacing for a right turn lane at both driveway connections, as required by the County Engineer. No access to the site shall be from the golf course entrance to Jog Road. (ONGOING: ENGINEERING- Eng) STAFF S RESPONSE: Staff agrees with this change. 5. The Property Owner shall construct a right turn lane within the existing Palm Beach County right of way: i. Hypoluxo Road and at the project's eastern entrance road ii. Jog Road and at the project's entrance road This construction shall be concurrent with the paving and drainage improvements for the site. Any and all costs associated with the construction shall be paid by the property owner. These costs shall include but is are not limited to, utility relocations. and acquisition of any additional required right of way. a. Permits required from Palm Beach County for this construction shall be obtained prior to the issuance of the first building permit. (BLDG PERMIT: MONITORING-Eng) b. Construction shall be completed prior to the issuance of the first Certificate of Occupancy. (CO: MONITORING-Eng) ZC October 1, 2015 Page 382
STAFF S RESPONSE:Staff does not agree with the applicant s proposed changes. Staff s recommended condition leaves specific requirements to the discretion of the County Engineer. The applicant respectfully requests the deletion of the following Conditions of Approval part of Exhibit C of resolution ZR-2015-006: 4. Prior to the issuance of the first building permit or within ninety (90) days of a request by the County Engineer, whichever shall occur first, the property owner shall provide to Palm Beach County Land Development Division by warranty deed additional right of way for the construction of a right turn lane on i. Hypoluxo Road and at the project's entrance road ii. Jog Road and at the project's entrance road This right of way shall be a minimum of 280 feet in storage length, a minimum of twelve feet in width and a taper length of 50 feet or as approved by the County Engineer. The right of way should be continued across the project entrance. This additional right of way shall be free of all encumbrances and encroachments and shall include Corner Clips where appropriate, as determined by the County Engineer. Property owner shall provide Palm Beach County with sufficient documentation acceptable to the Right of Way Acquisition Section to ensure that the property is free of all encumbrances and encroachments, including a topographic survey. The Grantor must further warrant that the property being conveyed to Palm Beach County meets all appropriate and applicable environmental agency requirements. In the event of a determination of contamination which requires remediation or clean up on the property now owned by the Grantor, the Grantor agrees to hold the County harmless and shall be responsible for all costs of such clean up, including but not limited to, all applicable permit fees, engineering or other expert witness fees including attorney s fees as well as the actual cost of the clean up. The Property Owner shall not record the required right of way or related documents. After final acceptance of the location, legal sketches and dedication documents, Palm Beach County shall record all appropriate deeds and documents (BLDG PERMIT/ONGOING: MONITORING-Eng) 6. The property owner shall provide to the Palm Beach County Land Development Division a road right of way deed and all associated documents as required by the County Engineer for the expanded intersection right of way at Hypoluxo Road and Jog Road. All right of way deed(s) and associated documents shall be provided and approved prior to the issuance of the first building permit or within ninety (90) days of a request by the County Engineer, whichever shall occur first. Right of way conveyance shall be along the entire frontage and shall be free and clear of all encroachments and encumbrances. Property owner shall provide Palm Beach County with sufficient documentation acceptable to the Right of Way Acquisition Section to ensure that the property is free of all encumbrances and encroachments, including a topographic survey. The Grantor must further warrant that the property being conveyed to Palm Beach County meets all appropriate and applicable environmental agency requirements. In the event of a determination of contamination which requires remediation or clean up on the property now owned by the Grantor, the Grantor agrees to hold the County harmless and shall be responsible for all costs of such clean up, including but not limited to, all applicable permit fees, engineering or other expert witness fees including attorney s fees as well as the actual cost of the clean up. Thoroughfare Plan Road right of way conveyances shall be consistent with Palm Beach County's Thoroughfare Right of Way Identification Map and shall include, where appropriate as determined by the County Engineer, additional right of way for Expanded Intersections and Corner Clips. The Property Owner shall not record these required deeds or related documents. Palm Beach County will prepare a tax pro-ration. A check, made payable to the Tax Collector s Office, shall be submitted by the property owner for the pro-rated taxes. After final acceptance, Palm Beach County shall record all appropriate deeds and documents. (BLDG PERMIT/ONGOING: MONITORING-Eng) STAFF S RESPONSE: Staff disagrees with the deletion of these two standard conditions. Our policy is to leave specific requirements to the County Engineer s discretion. The specific section from Article 11 in which the Applicant is seeking relief is outlined herein: Article 11, Section 9 Subdivision Design and Survey Requirements 11.9.B.2. Lots Abutting Major Streets ZC October 1, 2015 Page 383
When lots are platted abutting major streets or non-plan collector street, access shall be provided by and limited to local streets or local access streets. No access from individual lots shall be permitted directly to a major street. The creation of a new commercial lot on the corner of two major streets is consistent with the siting and location requirements of the Comprehensive Plan and Site Development Standards of the Unified Land Development Code (ULDC). The request for additional access for this type of land use is appropriate at this location based on the configuration of the adjacent roadways and surrounding properties. The proposed access points are described below: 1. Limited Right-In / Right-out Only (Jog Rd. into east side of property) A limited access (right turn-in / right-out only) from Jog road for southbound traffic will not impact traffic flow for southbound traffic and/or westbound turning traffic. This limited access point will have no other impact on the intersection at Jog and Hypoluxo Roads due to its intended location approximately 170 feet north of the intersection. Pulling southbound traffic into the site provides direct, safe and convenient access for the public accessing services at the site without having to continue south to the intersection and the right turn lane. 2. Limited Right Turn-In / Turn-out Only (Hypoluxo Rd. along Hypoluxo Rd.) Limited access (right-in/right-out only) access from Hypoluxo Road for westbound traffic will not impact westbound through traffic on Hypoluxo Road or southbound traffic on Jog Road turning west onto Hypoluxo Road for the following reasons Sufficient ROW exists to allow for a dedicated right turn lane into the newly created lot No conflicts exist with other driveway access points on the North side of Hypoluxo (next access drive is over 3,000 feet east of the intersection) No conflicts exist with other driveway access points on the South side of Hypoluxo Road due to the divided roadway configuration at this location 3. Full access from Hypoluxo Road for all inbound traffic (east and westbound traffic). This westernmost indirect point of access aligns the existing median opening and adjacent shopping center driveway access point to this new development. It creates a less congested and safer turning condition for eastbound traffic turning left into the project as well as provides safe cross connection to the shopping center to the south. Reduces potential turning movement conflicts with westbound right turning traffic as that westbound right turning traffic can directly enter the site from the easternmost entry drive separated from this westernmost entry drive. In this specific instance, due to the configuration of the large Commercial Recreational and Residential developments (the Falls Golf & Country Club and Winston Trails respectively), the introduction of new access driveways will not constitute a burden to the existing roadways or negatively impact adjacent commercial properties located across Hypoluxo Road. Additional access drives will provide direct, safe and convenient access to the newly created lot for the general public, employees and vendors. The Applicant respectfully requests consideration and approval of the above request for relief from Section 11.9.B.2 of the ULDC for the provision of necessary access points to the subject property. In addition, the applicant respectfully requests the modification of the property's legal description from the 3.5 AC site to the entire 171.32 AC site, which includes the proposed 3.5 AC site as the 3.5 AC site does not yet exist. General Location The property is located on the northwest corner of Jog Road and Hypoluxo Road. ZC October 1, 2015 Page 384
Summary of Code Requirements Article 11.E.9.B.2 The purpose and intent of 11.E.9.B.2, Lots Abutting Major Streets, is to ensure that no access from individual lots shall be permitted directly to a major street. ZC October 1, 2015 Page 385
Figure 1 Location Map Not to Scale ZC October 1, 2015 Page 386
Figure 2 Conceptual Site Plan dated July 27, 2015 ZC October 1, 2015 Page 387
STAFF RECOMMENDATIONS 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 Commission who may authorize a variance. Should the Zoning Commission vote to authorize the variance request, staff recommends the approval be subject to 8 Conditions of Approval as indicated in Exhibit C. 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. There are no special circumstances that exist which are peculiar to this parcel of land that are not applicable to other parcels of land in the same zoning district. 2. SPECIAL CIRCUMSTANCES AND CONDITIONS DO NOT RESULT FROM THE ACTIONS OF THE APPLICANT: Incorrect. The need for a variance from ULDC Article 11 standards is a direct result of the applicant s desire to subdivide a parcel from the overall golf course and not use a shared right of way to access both resulting properties. 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: Incorrect. Staff is unaware of this privilege being conferred upon other parcels in the same zoning district. 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 requires the proposed subdivided lot to be accessed from a shared 80-foot non-plan collector right of way which does not deprive the applicant the right to develop the property. 5. 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 can subdivide the parcel by providing the code required access and not require any variances from the Subdivision Ordinance. 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 is inconsistent with the goals of the ULDC to limit the amount of driveway connections to major thoroughfare roadways, especially in the case of a new subdivision of land. 7. THE GRANT OF THE VARIANCE WILL NOT BE INJURIOUS TO THE AREA INVOLVED OR OTHERWISE DETRIMENTAL TO THE PUBLIC WELFARE: Correct. Should the Zoning Commission vote to approve the variance request, staff recommends the proposed conditions in Exhibit C to ensure that the variance will not be injurious to the area involved. ZC October 1, 2015 Page 388
EXHIBIT C Subdivision Variance SD-147 SUBDIVISION ZONING COMMISSION CONDITIONS 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. The property owner shall be limited to two driveway connections (ingress & egress) onto Hypoluxo Road and one driveway connection (ingress & egress) to Jog Road with adequate spacing for a right turn lane at both driveway connections in locations as approved by the County Engineer. (ONGOING: ENGINEERING-Eng) 3. Prior to Final Site Plan approval by the DRO or prior to issuance of the first building permit, whichever shall occur first, the property owner shall align the proposed driveway connection onto Hypoluxo Road with the existing commercial driveway located on the south side of the roadway approximately 800 feet west of the intersection with Jog Road. (DRO/BLDG PERMIT: ENGINEERING/MONITORING-Eng) 4. Prior to the issuance of the first building permit or within ninety (90) days of a request by the County Engineer, whichever shall occur first, the property owner shall provide to Palm Beach County Land Development Division by warranty deed additional right of way for the construction of a right turn lane, where warranted as determined by the County Engineer, on i. Hypoluxo Road at the project's entrance roads ii. Jog Road at the project's entrance road This right of way shall be a minimum of 280 feet in storage length, a minimum of twelve feet in width and a taper length of 50 feet or as approved by the County Engineer. The right of way should be continued across the project entrance. This additional right of way shall be free of all encumbrances and encroachments and shall include Corner Clips where appropriate, as determined by the County Engineer. Property owner shall provide Palm Beach County with sufficient documentation acceptable to the Right of Way Acquisition Section to ensure that the property is free of all encumbrances and encroachments, including a topographic survey. The Grantor must further warrant that the property being conveyed to Palm Beach County meets all appropriate and applicable environmental agency requirements. In the event of a determination of contamination which requires remediation or clean up on the property now owned by the Grantor, the Grantor agrees to hold the County harmless and shall be responsible for all costs of such clean up, including but not limited to, all applicable permit fees, engineering or other expert witness fees including attorney s fees as well as the actual cost of the clean up. The Property Owner shall not record the required right of way or related documents. After final acceptance of the location, legal sketches and dedication documents, Palm Beach County shall record all appropriate deeds and documents (BLDG PERMIT/ONGOING: MONITORING-Eng) 5. Where warranted as determined by the County Engineer, the Property Owner shall construct a right turn lane: i. Hypoluxo Road at the project's entrance roads ii. Jog Road at the project's entrance road This construction shall be concurrent with the paving and drainage improvements for the site. Any and all costs associated with the construction shall be paid by the property owner. These costs shall include, but are not limited to, utility relocations and acquisition of any additional required right of way. a. Permits required from Palm Beach County for this construction shall be obtained prior to the issuance of the first building permit. (BLDG PERMIT: MONITORING-Eng) ZC October 1, 2015 Page 389
b. Construction shall be completed prior to the issuance of the first Certificate of Occupancy. (CO: MONITORING-Eng) 6. The property owner shall provide to the Palm Beach County Land Development Division a road right of way deed and all associated documents as required by the County Engineer for the expanded intersection right of way at Hypoluxo Road and Jog Road. All right of way deed(s) and associated documents shall be provided and approved prior to the issuance of the first building permit or within ninety (90) days of a request by the County Engineer, whichever shall occur first. Right of way conveyance shall be along the entire frontage and shall be free and clear of all encroachments and encumbrances. Property owner shall provide Palm Beach County with sufficient documentation acceptable to the Right of Way Acquisition Section to ensure that the property is free of all encumbrances and encroachments, including a topographic survey. The Grantor must further warrant that the property being conveyed to Palm Beach County meets all appropriate and applicable environmental agency requirements. In the event of a determination of contamination which requires remediation or clean up on the property now owned by the Grantor, the Grantor agrees to hold the County harmless and shall be responsible for all costs of such clean up, including but not limited to, all applicable permit fees, engineering or other expert witness fees including attorney s fees as well as the actual cost of the clean up. Thoroughfare Plan Road right of way conveyances shall be consistent with Palm Beach County's Thoroughfare Right of Way Identification Map and shall include, where appropriate as determined by the County Engineer, additional right of way for Expanded Intersections and Corner Clips. The Property Owner shall not record these required deeds or related documents. Palm Beach County will prepare a tax pro-ration. A check, made payable to the Tax Collector s Office, shall be submitted by the property owner for the pro-rated taxes. After final acceptance, Palm Beach County shall record all appropriate deeds and documents. (BLDG PERMIT/ONGOING: MONITORING-Eng) 7. 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) 8. 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 October 1, 2015 Page 390
Exhibit D: Applicant s Justification Statement 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. Applicant s Response: Correct. Direct access to the parcel is safest and most convenient for the general public, vendors and employees to the site. The requirement to provide access further west to align with the shopping center to the south and the existing median cut is logical and the Applicant agrees to provide this important point of access. This westernmost access is not directly connected to the subject site. Direct access along Hypoluxo Road to the site is being achieved with a limited access drive (right-in / right-out) along the southern edge of the property boundary. This easternmost limited driveway serves to reduce potential conflicts between left and right turning traffic travelling along Hypoluxo Road. It is a better condition as eastbound turning traffic and westbound turning traffic are effectively separated with two points of access from Hypoluxo Road. In addition, the provision of a right turn lane to the easternmost (direct) access point further reduces potential conflict with through traffic heading westbound on Hypoluxo Road. Access has been recognized as appropriate from Hypoluxo Road based on the surrounding built conditions and provision of two access points along Hypoluxo; direct access (easternmost driveway) and indirect access (westernmost driveway) is both practical and the most effective way of accessing the site. No other access drives exist along Hypoluxo Drive west of this property to Hagen Ranch Road. All adjacent access drives across Hypoluxo Drive and Jog Road are separated by a central median which effectively separates traffic across both rights-of-ways. 2. Special Circumstances and conditions do not result from the actions of the applicant. Applicant s Response: Correct. Reconfiguration of the access drives to match the most up-to-date site plan configuration has been a collaborative effort between the Applicant and Staff. This request provides consistency between the standard and necessary land development conditions of approval to the current site plan layout. The request is not self-created as the subdivision variance is necessary to provide for the number and configuration of access points to the subject property for legal access from the available/adjacent public rights-of-ways. 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. Applicant s Response: Correct. No special privilege is being conveyed to the Applicant as this request is necessary to match the changes that have occurred with the final site plan updates that are being proposed to move forward for final approval. The request provides for requested alignment with another offsite driveway (full access drive) and a direct point of access (right-in / right-out) along Hypoluxo Road and a single limited access (right-in/right-out) to the project along Jog Road. The proposed configuration is not unique and can be replicated by any other applicant with similar site and surrounding roadway conditions. 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. Applicant s Response: Correct. Denial of the variance request would create an inconsistency with the site plan currently under review by Zoning Division. The request is necessary to develop the property so that it functions from a traffic access standpoint and functions for the intended commercial uses located on the property. Undue hardship would be realized if sufficient access to the site and the intended commercial uses is not made available to the property. 5. Grant of variance is the minimum variance that will make possible the reasonable use of the parcel of land, building or structure. Applicant s Response: Correct. The variance request is the minimum necessary to satisfy both the Applicant s need to access the property from the adjacent rights-of-ways as well as County Staff s request to provide an aligned access point to the shopping center located directly south of the subject property. 6. Grant of the variance will be consistent with the purposes, goals, objectives, and polices of the comprehensive plan and this code. Applicant s Response: Correct. The intent of the code to reduce the number of access points along major roadways and to ensure any new driveways meet the access management minimum dimension criteria is being met as access is a basic requirement for the development of any parcel of land. Further, all proposed access points provide for the highest order of safety and convenience for the general public. The intent of the code will be upheld with this request as providing consistency ZC October 1, 2015 Page 391
between the access drive conditions and the site programming and layout ultimately will further the goals of the ULDC and Comprehensive Plan in providing safe and convenient access a to newly formed parcel of land. 7. The grant of the variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Applicant s Response: Correct. The welfare of the public will best be served if the variance is granted and is consistent with the site plan configuration. As currently proposed the two points of access along Hypoluxo Road (one full access drive & one limited right-in/right-out drive) effectively separate inbound traffic to the site. Eastbound and westbound traffic can access the site without having to share the same access drive. The majority of traffic accessing the site from Hypoluxo will be westbound and direct access into the site is the most convenient once that traffic passes through the intersection at Jog Road. The single point of access (limited right-in/right-out) on Jog Road provides for safe and convenient access for the majority of traffic accessing the site from the north. The variance will allow for the above configuration to occur and implement the best access configuration for the new parcel of land. ADDITIONAL REQUEST In addition, the applicant respectfully requests the modification of the property's legal description from the 3.5 AC site to the entire 171.32 AC site, which includes the proposed 3.5 AC site as the 3.5 AC site does not yet exist. ZC October 1, 2015 Page 392