PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION ZONING COMMISSION VARIANCE STAFF REPORT March 01, 2012 APPLICATION NO. CODE SECTION REQUIRED PROPOSED VARIANCE ZV-2011-02636 V.1. 3.E.3 MUPD, Multiple Use Planned Development. Property Development Regulations. Minimum of 5 acres 4.52 acres 0.48 acres V.2. 3.E.3 MUPD, Multiple Use Planned Development. Property Development Regulations. Minimum of 50,000 square feet 36,500 square feet 13,500 square feet SITUS ADDRESS: 9055 Roan Ln West Palm Beach 33403 9071 Roan Ln West Palm Beach 33403 AGENT NAME & ADDRESS: OWNER NAME & ADDRESS: Douglas Murray Land Design South, Inc. 400 Columbia Dr West Palm Beach FL 33409 1499 SW 30th Ave Boynton Beach FL 33426 PCN: 00-43-42-18-01-000-0010; 00-43-42-18-01-000-3278; 00-43-42-18-01-000-0030: ZONING DISTRICT: General Commercial (CG) & Residential Multi-Family (RM) BCC DISTRICT: 01 PROJECT MANAGER: Carrie Rechenmacher, Senior Site Planner LEGAL AD: ZV-2011-02636 Title: Resolution approving a Type II Variance application of Roan Lane LIC by Land Design South, Inc., Agent. Request: to allow a reduction in lot size and required square footage for Multiple Use Planned Development (MUPD) Zoning District. General Location: Northwest corner of Northlake Boulevard and Roan Lane (ROAN LANE COMMERCIAL) (1994-00061) ZC March 1, 2012 Page 139
LAND USE: CH & HR12 Proposed CH for all 3 parcels. CONTROL #: 1994-00061 S/T/R: 18-42-43 LOT AREA: 3 parcels Lot 1: 2.380 acres; Lot 2: 0.49 Acre; Lot 3: 1.701 acre; = 4.52 acres LOT DIMENSIONS: 602.24 X 313.22 CONFORMITY OF LOT: No CONFORMITY OF ELEMENT: 50,000 SF (CH/MUPD) TYPE OF ELEMENT: Lot Size CH/MUPD 5 ELEMENT SIZE: 36,500 SF- Proposed acres required BUILDING PERMIT #: NOTICE OF VIOLATION: NO CONSTRUCTION STATUS: Existing gas station with 8 pumps and1,100 retail on Lot 3905 and a 16,501 SF lighting store on Lot 16501 APPLICANT REQUEST: to allow a reduction in lot size and required square footage for Multiple Use Planned Development (MUPD) Zoning District. SUMMARY APPLICATION SUMMARY: Proposed is a Type II Variance for the Roan Lane Commercial Development for a proposed rezoning to the Multiple Use Planned Development (MUPD) Zoning District. The 1.7-acre west portion of the site (Capitol Lighting) was approved by the Board of County Commissioners (BCC) on December 1994 to rezone the site from Residential Multifamily (RM) with a Conditional Overly Zone (COZ) to General Commercial (CG) to allow a retail lighting store by Resolution R-94-1673. The applicant is proposing to combine the 1.7-acre parcel with the 2.38-acre vacant parcel to the north and the 0.439-acre retail and gas station parcel to create an overall 4.52- acre site. Also proposed is a concurrent Future Land Use (FLU) Amendment to change the FLU from High Residential 12 units per acre (HR12) to Commercial High (CH). The Unified Land Development Code (ULDC) Article 3.E.3.D requires an MUPD with a CH FLU designation to have a minimum of 5 acres and a minimum of 50,000 square feet. The applicant is requesting a Type II variance to allow for the reduction in acreage and square footage for the proposed MUPD. A total of 148 parking spaces will be provided and one ingress only is proposed from Northlake Boulevard and 2 access points from Roan Lane (one existing and one proposed). o Unified Land Development Code (ULDC) Requirements and Variance Requests V.1. ULDC Table 3.E.3.D requires MUPDs with a CH FLU to have a minimum of five (5) acres. The subject site has a total acreage of approximately 4.52 acres, thus, the applicant is requesting approval of a variance of 0.48 acres. V.2. ULDC Table 3.E.3.C requires a minimum of 50,000 square feet for MUPDs in the CH FLU category. The total square footage being proposed is 36,500 square feet. Thus, the applicant is requesting approval of a variance of 13,500 square foot reduction from the minimum square foot requirement. o Surrounding Land Uses NORTH: FLU Designation: Institutional and Public Facilities (INST) Zoning District: Residential Medium Density/Special Exception (RM/SE) Supporting: Place of Worship (Control No 74-83, Calvary Church,) SOUTH: FLU Designation: Palm Beach Gardens Zoning District: (CG-1) Supporting: Retail/Fast Food ZC March 1, 2012 Page 140
EAST: FLU Designation: High Residential (HR-12) Zoning District: (CG-1) Palm Beach Gardens- Golf Store Supporting: Retail/Residential WEST: Supporting: I-95 ROW (Control No 74-83) Zoning District: Residential Medium Density/Special Exception (RM/SE) Supporting: Place of Worship (Calvary Church, Control No 74-83) o Project History- Existing Conditions and Project History The North parcel: Lot 9107 (1) a 2.38 acre site. The north parcel does not have any current development approvals. However, this property was part of a previous Rezoning and Future Land Use Amendment request during the 07-d Amendment Round. On October 26, 2007 the Planning Board heard Small Scale Amendment (SCA) 2007-041 to change the FLU from HR-12 to CH. Staff and the Planning Board supported the request which was later denied with the concurrent rezoning request of application 2007-846. On March 6, 2008 the ZC denied the request to allow an extended stay hotel in the CG Zoning District of Application 2007-846 Value Place Hotels a 4 story, 42,984 square foot, 121 room hotel. May 22, 2008 the BCC made a motion to withdraw the Zoning application to rezone the site from RM to CG and to include an appeal of the Zoning Commission Denial of the Class B Conditional Use (CB) for the Hotel. The Type II Variance was revoked by the Zoning Director since it was tied to the CB Use only. The requests were denied by the BCC due to a determination of incompatibility with the adjacent residential area. In addition there was very strong neighborhood opposition of the hotel use due to concerns over safety and security. Currently, the undeveloped north parcel, which is 2.380 acres in size, has a Future Land Use designation of HR-12 and a Zoning designation of RM. South Parcel: Lot 3905 (2) a 0.439 acre site. The site supports an approximately 1,100 square foot retail convenience store and an approximately 2,340 square foot canopy over 8 gas fueling stations, and an awning connecting the canopy to the retail store. There is no approved site plan on file with Palm Beach County for this use. However, permits for this development are on file with the County, with the earliest permit obtained for the gas station dating back to September 8, 1966, when a permit was issued for a Service Station, located within the C-2 Zoning District. Since that time, additional permits were obtained, which included permits for the convenience store, renovations to the canopy, signage and replacement of the fuel tanks. A records search in Palm Beach County produced building permit records which indicate maintenance and repair areas that were later converted to retail uses. Consequently, a Requested Use approval is being sought in order to obtain the appropriate approvals as part of this request. The current location of the gas fueling stations and canopy are proposed to remain as existing, nonconforming structures, as allowed per Article 1 of the ULDC. The connecting awning is proposed to be removed and the retail store is proposed to be demolished and a new 3,000 SF Convenience store is proposed to be located directly north of the existing gas canopy. West Parcel: Lot 9055 (3) a 1.7 acre site. On December 5, 1994 the BCC approved Resolution R- 94-1673 Control Number 94-061 for the west portion of the overall site (Capitol Lighting) to rezone from Residential Multifamily (RM) with a Conditional Overly Zone (COZ) to General Commercial (CG) to allow a retail lighting store. The Development Order for the Capitol Lighting project is being submitted as part of the Development Order Abandonment request. The resolution limited the site to a retail lighting store or equivalent traffic generator with a maximum of 26,000 SF. The site currently supports a 16,501 SF retail lighting store. o Northlake Boulevard Overlay Zone (NBOZ) ZC March 1, 2012 Page 141
ULDC Article 3.B. Section 8 outlines the Purpose and Intent of the NBOZ is to encourage improvement, enhancement, renovation, and/or redevelopment of the Northlake Boulevard Corridor and to provide criteria to review development/redevelopment within the Overlay Zoning District. The criteria outlined in Design Guidelines: Northlake Boulevard Overlay Zoning District (NBOZ) serves to unify commercial development along the corridor and provide a positive collective identity for the corridor. The regulations were prepared under the guidance of the Northlake Boulevard Corridor Task Force (NBCTF) an intergovernmental task force created by Interlocal agreement composed of two representatives each from PBC, the Town of Lake Park, the Village of North Palm Beach and the City of Palm Beach Gardens. The NBOZ report states the guidelines are for all properties along Northlake Boulevard from Military Trail to US Highway One apply for one property depth north and south of Northlake Boulevard. The subject site therefore falls within this boundary. The guidelines require a minimum separation distance of 500 feet from the nearest points of the property line for an automobile service station and a parcel occupied by a church. The existing canopy is considered legal non-conforming structure. County Staff determined that since the gas pumps and canopy will not be demolished that the property owner will be grandfathered for the existing separation requirement. Renovations to the canopy will have to comply with Article 1.F and be limited to 30% of the current appraised value of the structure. Any other modifications to the site for signage and landscaping shall be in compliance with the NBOZ guidelines either by Code requirement of Conditions of Approval. Engineering is working with the applicant on vehicular circulation issues related to the location of the existing canopy. In addition existing signage, landscaping, drive through for the financial institution and SF for the C-Store are all affected by the NBOZ guidelines. ZC March 1, 2012 Page 142
Figure 1: Aerial of Subject site and 3 parcels to be combined highlighted. ZC March 1, 2012 Page 143
Figure 2: Zoning Quad ZC March 1, 2012 Page 144
Figure 3: Preliminary Site Plan Dated January 23, 2012 ZC March 1, 2012 Page 145
Northlake Boulevard Facing West (Capitol Lighting & Shell Gas Station)- Shows Right Turn lane and Entrance Ramp to I-95 Gas Station and Retail entrance from Northlake Boulevard Gas Station: SW Corner Roan Lane and Northlake Boulevard ZC March 1, 2012 Page 146
Existing Gas Sales with Retail SE Corner of the Overall Site Capital Lighting Store Facing West: SW Area of the Overall Site Capital Lighting Store Entrance. ZC March 1, 2012 Page 147
Calvary Church North of Vacant Parcel taken from North Property Line of Capital Lighting Store Multi-Family Residential on the East Side of Roan Lane directly across from the Vacant 2.38 acre parcel which is currently Zoned High Residential. ZC March 1, 2012 Page 148
STAFF RECOMMENDATIONS Staff recommends approval of the request, based upon the following application of the standards enumerated in Article 2, Section 2.D.3 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.D.3.G.2 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) Variance 1 and 2: YES The applicant desires to develop the corner in the most efficient and functional way by the combination of the 3 lots. Staff encourages separate commercial parcels to be developed as a unified, commercial development. However, the combination of these 3 lots equals 4.52-acres and therefore does not meet the minimum 5 acre required for a CH designation. The vacant 2.38-acre parcel currently has an RM Zoning District with a HR12 FLU. The applicant has provided sufficient justification and demonstrated sspecial conditions and circumstances that exist that are peculiar to the parcel of land that justify additional commercial enterprises in this location. However to protect the adjacent residential areas FLU and Zoning conditions will be recommended. The redevelopment and relocation of the Retail Store will reduce to non-conforming aspects of the retail store but the canopy and gas pumps are proposed to remain and do not meet setback or circulation that would be required of a new gas and fuel retail use. Article 3.E.3.A.1. Purpose and Intent of the MUPD Zoning district calls for an efficient use of land by the integration of mulitple uses within a unified development and is more specifically outlined below: The purpose of an MUPD is to provide for the efficient use of land by the integration of multiple uses, or large single uses, within a unified development. The intent of an MUPD is to provide opportunities for enlightened and imaginative approaches to community planning by: a. allowing flexibility from standard PDRs; b. applying PDRs to the entire project rather than individual lots, such as: access, parking, lot dimensions, lot frontage, and landscaping; and c. encouraging the creation of a unified image between buildings and signage through architecture and linkages between land uses. The proposal requests flexibility from standard PDRs and provides for the integration of muliple uses for access, parking, sigange and design. Article B.1. MUPD Objectives and Standards are specifically outlined below: 1. A MUPD shall comply with the following objectives: a. Designed as a predominantly non-residential district; b. Provide innovative building location and orientation; c. Protect adjacent residential uses from potential adverse impacts; d. Provide interconnection between uses in and adjacent to the project; e. Allow for landscape design that enhances the appearance of the project Redevelopment is encouraged that provides an enhancement to an area with an enlightened design. The residents may be receptive to and are seeking enhancement and complimentary uses provided the proposal meets the standards outlined above. Staff will be recommending conditions of approval to further these objectives. 2. SPECIAL CIRCUMSTANCES AND CONDITIONS DO NOT RESULT FROM THE ACTIONS OF THE APPLICANT: (V1 and V2) Variance 1 and 2: YES ZC March 1, 2012 Page 149
The combination of the 3 parcels which equal less than the 5 acres required for a CH MUPD and less than the 50,000 SF required for a CH MUPD. However although the PDRs to not quite meet the thresholds of a CH/MUPD the site plan does have aspects aligned with this ULDC Article 3.E purpose and Intent for a PDD provision which encourages infill development and redevelopment, and minimizes impacts on surrounding areas through the use of flexible and innovative land development techniques and economic growth. The combination of the 3 parcels contains 4.52 acres, which is the greatest amount that could be provided to develop a functional and cohesive commercial development that the applicant request and since there is a church to the norht and interstate Highway I-95 the propery is landlocked. This request for the Type II varianace does result from actions of the developer by making this request to convert a a 2.38 acre tract of land from residential to commercial. The 2 existing lots which currentll have a CH Zoning designation equal 2.139 acres. The County discourages a split land uses for an MUPD. The applicant states that the total of 4.52 acres represents the greatest amount of acreage available for inclusion within this development proposal. Conditions of approval will encourage a design that enhances the existing built environment. 3. GRANTING THE VARIANCE SHALL NOT CONFER UPON THE APPLICANT ANY SPECIAL PRIVILEGE DENIED BY THE COMPREHENSIVE PLAN AND THIS CODE TO OTHER PARCELS OF LAND, BUILDINGS OR STRUCTURES IN THE SAME ZONING DISTRICT: (V1 and V2) Variance 1 and 2: YES Granting of these variances would not confer a special privilege upon the Applicant. Approval of the variances would promote redevelopment and infill development opportunities adjancent to I-95. The developer is requesting the maximum intensity on the most land that is readily obtainable and states: the 4.52 acres represents the greatest amount of acreage available for inclusion within this development proposal. The granting of this variance request and subsequent development of the site as CH MUPD represents the most efficient way for the applicant to develop the property. Through Code requirements and Conditions of Approval for the Rezoning to an MUPD and SCA conditions staff will assure proposed variance request will result in minimizing impacts on surrounding areas through the use of flexible and innovative land development techniques. Thus, granting of the variance would not confer a specific privilege onto the applicant. 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) Variance 1 and 2: YES Literal interpretation and enforcement of the terms and provisions of the ULDC may be detrimental to this development and would work an unnecessary and undue hardship on the applicant. The ULDC identifies minimum thresholds for MUPD projects and the applicant takes into account the character of the area and the impact of the development.this objective will be furthered with FLU and rezoning Conditions of Approval. The subject site is located in a developed, urban area and the applicant wishes to maximize the greatest commercial potential with the land that is readily available and is proposing a development that would be an enhancement to the Roan Lane residential community. 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) Variance 1 and 2: YES The granting of these variances is the minimum variance necessary to accommodate this request. The variance from the required minimum acreage for an MUPD in the CH land use is necessary for the applicant in order to develop the project at its maximum potential, with the greatest efficiency and functionality for the commercial uses. However the applicant shall review any alternatives to consider minimizing impacts to the adjacent residential uses and will be subject to FLU and rezoning Conditions of Approval ZC March 1, 2012 Page 150
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) Variance 1 and 2: YES The granting of these variances are consistent with the purposes, goals, objectives and policies of both the County's ULDC and the Comprehensive Plan. Planning and Zoning staff will be working with the applicant to assure the intensity and uses are compatible with the surrounding uses and will be recommending conditions consistent with the Commericial Low FLU and Zoning District. The proposal shall meet the Objectives and Standards as outlined in Article 3 MUPD Design Objectives, by the provision of innovative building location and orientation and to protect adjacent residential uses from any potential adverse impact. 7. THE GRANT OF THE VARIANCE WILL NOT BE INJURIOUS TO THE AREA INVOLVED OR OTHERWISE DETRIMENTAL TO THE PUBLIC WELFARE: (V1 and V2) Variance 1 and 2: YES Granting of these variance requests would not be injurious to the area involved or detrimental to the public welfare. The parcels ajacent to Northlake Boulevard are CH the vacant 2.38 acre parcel to the north is adjancent to a Place of Worship. Multifamily residential use are located on the east side of Roan Lane. The vacant parcel is proposed to be combined with the existing commercial uses to the south to be devolped as an MUPD. The proposal for the CH MUPD does not meet the minimum ULDC thresholds which were estblished with the intent of specific types of development however, staff will address uses, and intensity through FLU Conditions or Rezoning conditions to mitigate potential negative impact on the established residential commuity that is in close proximity to this proposal.the type and intensity of the uses shall be designed to take into account the surrounding area by limitation to CL standards. ZC March 1, 2012 Page 151
EXHIBIT C Type II Variance - Standalone ZONING COMMISSION CONDITIONS VARIANCE 1. The Develpment Order for this variance shall be tied to the Time Limitations of the Development Order for (ABN/PDD/R 2011-2636) (ONGOING: MONITORING - Zoning) 2. This Variance is limited to the use of an Multiple Use Planned Development (MUPD), any change to the approved use shall require reconsideration of the Variance by the Zoning Commission. (ONGOING: CODE ENF - 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 Site Plan plan to the Building Division. (BLDG PERMIT:ZONING-Landscape) 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 March 1, 2012 Page 152
Exhibit D Disclosure ZC March 1, 2012 Page 153
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Exhibit E Applicants Justification ZC March 1, 2012 Page 161
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