PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION

PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION Application No.: SV/W-2016-01231 Application Name: Palm Elite Car Wash Control No.: 2013-00200 Applicant: Eddy Hernandez Owners: Eddy Hernandez Agent: Miller Land Planning - Bradley D Miller Telephone No.: (561) 736-8838 Project Manager: Yoan Machado, Site Planner II TITLE: a Subdivision Variance REQUEST: to allow access from a 40-foot Right-of-Way. TITLE: a Type II Waiver REQUEST: to allow the primary entrance to face the interior parking area; reduce the setback for outdoor uses to Non-PRA residential use; and increase the setback from the build-to-line. APPLICATION SUMMARY: Proposed are a Subdivision Variance and three Type II Waivers for the Palm Elite Car Wash. The 0.93-acre was last approved by the Board of County Commissioners (BCC) on August 26, 2010 for the County initiated rezoning from multiple Zoning Districts to the Urban Infill (UI) Zoning District. The site was previously developed with a single-family dwelling unit which has been demolished (demolition permit B-2015-005927-0000) and is currently vacant and undeveloped. The Applicant is requesting a Subdivision Variance to have one access point from Fuller Street. The application also includes three Type II Waivers, the first is a request to have the primary entrance to the building face the interior parking area, the second is to allow a reduction of the setback of outdoor uses to residential properties from 200 feet (ft) to approximately 184 ft. and the third to allow for the building to be set back from the Build to Line by 22 ft. The Preliminary Site Plan (PSP) indicates a 1,224 square foot (sq. ft.) automated car wash with 734 square feet of office, and a 2,660 sq. ft. canopy for hand drying of vehicles. The use is reviewed from a subsequent application through the Administrative Review Process. The parking area consists of a total of seven parking spaces, four required spaces as shown on the Final Site Plan, one handicap space, and two vacuum accessible spaces. SITE DATA: Location: Southeast corner of Military Trail and Fuller Street Property Control Number(s) 00-42-44-25-00-000-5010 Existing Future Land Use Designation: Urban Infill (UI) Proposed Future Land Use Designation: No proposed change Existing Zoning District: Urban Infill (UI) Proposed Zoning District: No proposed change Total Acreage: 0.93 acres Affected Acreage: 0.93 acres Tier: Urban/Suburban Overlay District: Urban Redevelopment Area (URA) Neighborhood Plan: N/A CCRT Area: Lake Worth West Municipalities within 1 Mile City of Atlantis, City of Greenacres, City of Palm Springs Future Annexation Area City of Palm Springs Existing units or square footage Vacant Proposed units or square footage 1,981 sq. ft. RECOMMENDATION: Staff recommends the approval of the requests subject to 1 Condition of Approval as indicated in Exhibit C-1 and 7 Conditions of Approval as indicated in Exhibit C-2. ACTION BY THE ZONING COMMISSION (ZC): At the March 2, 2017 ZC meeting, the item was pulled from the Consent Agenda. Staff and the Applicant made presentations to the Board. The ZC April 6, 2017 Page 154

Owner of the adjacent parcel to the east, Mr. Gregory Blakely spoke in opposition, with concerns on the proximity of the drying canopy and noise from the vacuum equipment. The Board approved a postponement of the item to the April 6, ZC hearing, to allow the Applicant to redesign the site plan to address Mr. Blakely s concerns. On March 10, 2017, the Applicant submitted the revised plans which includes the relocation of the canopy drying area, vacuum equipment, dumpster enclosure and the replacement of the proposed six-foot fence by a panel wall. PUBLIC COMMENT SUMMARY: At the time of publication, Staff had received 2 phone calls from the public regarding this project requesting information about the proposed development, but did not indicate support or opposition. PROJECT HISTORY: The subject property was previously developed with a single-family dwelling unit which has been demolished (demolition permit B-2015-005927-0000) and is currently vacant and undeveloped. The 0.93-acre was last approved by the Board of County Commissioners (BCC) on August 26, 2010 for the County initiated rezoning from multiple Zoning Districts to the Urban Infill (UI) Zoning District. SURROUNDING LAND USES: NORTH: FLU Designation: Urban Infill (UI) Zoning District: Urban Infill (UI) Supporting: Commercial (Napa Auto Parts, Control No. 2016-00028) SOUTH: FLU Designation: Commercial High, with an underlying HR-8 (CH/8) Zoning District: Community Commercial District (CC) Supporting: Commercial (Restaurant Country Inn, Control No. 2008-00010) EAST: FLU Designation: Urban Infill (UI) Zoning District: Urban Infill (UI) Supporting: Residential (Control No. N/A) WEST: FLU Designation: Urban Infill (UI) Zoning District: Urban Infill (UI) Supporting: Vacant (Control No. 2010-00125 Priority Redevelopment Areas (PRA) Rezoning) FINDINGS: ULDC Article Required Proposed Variance (SV1) 11.E.2.A.2 Access to commercial Access from an existing 40-foot right of way with lots shall be by an 80-40-foot right of way approximately 20-feet foot right of way with 24 feet of pavement (Fuller Street) of existing pavement. SUBDIVISION. VARIANCE SUMMARY Pursuant to ULDC Article 11, Chapter E.2.A.2, Each lot shall abut a street of suitable classification to provide said lot with legal access consistent with the standards set for in Table 11.E.2.A-2, Chart of Minor Streets, and pursuant to Table 11.E.2.A-2, access to commercial lots shall be by an 80-foot right of way with 24 feet of pavement. This variance application is to request sole site access from Fuller Street, a County-maintained 40-foot right of way with approximately 20-feet of existing pavement. The property also fronts on the east side of Military Trail and is located approximately 1,100 feet north of Melaleuca Lane. ULDC Article 11, Chapter E.9.B.2, Lots Abutting Major Streets, prohibits lots from direct access to a major street (Military Trail) and instead limits access to the smaller side roads (Fuller Street or Vermont Avenue). The Property Owner proposed access solely from Fuller Street because it is a ZC April 6, 2017 Page 155

larger and more improved right of way than what exists for Vermont Avenue. However, since Fuller Street is not wide enough to meet minimum commercial access requirements, a subdivision variance is still needed. Further, this site is located within the Urban Redevelopment Area (URA) which requires these types of properties to be accessed from the rear of the lot. A subdivision variance is requested to allow access from a subdivided lot with a proposed commercial use from an existing 40-foot right of way (Fuller Street). Engineering Staff is recommending APPROVAL of the subdivision variance. Variance Criteria and Responses 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: The subject site has an existing access point along Military Trail similar to other commercial properties in the area. However, because of the URA overlay the site is required to provide access from the rear thus negating the use of the existing 120 ROW for access. This site is unique because it is separated from the proposed primary access street by a canal that is owned by LWDD and the canal cannot be dedicated for the expansion of Fuller Street. Staff Response: CORRECT. This site is less than 1-acre in size and is bounded on the north by the LWDD Lateral Canal 13; both of which makes it infeasible to dedicate additional right of way to reconstruct Fuller Street as an 80-foot non-plan collector street. 2. Special Circumstances and conditions do not result from the actions of the Applicant. Applicant s Response: The Warranty Deed submitted with this application demonstrates that the site was a legal lot of record in 1968 prior to the adoption of the URA. Because it is the URA regulations that are precluding us from using the existing 120 ROW for access, the condition was not self-created. Staff Response: CORRECT. The lot was in existence prior to adoption of the URA code requirements and also prior to adoption of the Subdivision Ordinance in 1973 which specified acceptable legal access for a lot with a commercial use. The circumstances do not result from the actions of the Applicant. 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: Granting this variance will not confer upon the Applicant any special privilege denied by the Plan and the Code to other parcels of land, buildings, or structures, in the same district. Staff Response: CORRECT. Other lots with proposed commercial uses have received similar variances due to the desire to limit additional driveway connection points to a major street, Military Trail in this case. 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: Literal interpretation and enforcement of the terms and provisions of the Code would deprive the Applicant of rights commonly enjoyed by other parcels of land in the same district, and would work an unnecessary and undue hardship. Many of the existing commercial developments within this district have direct access to Military Trail, but because the subject site is bordered by residential streets to the north and south, access to the site must be provided from the rear according to URA regulations. Therefore, development of this particular site for commercial use would require upgrading the residential street to local commercial standards, while other commercial developments within this district can use the existing 120 right-of-way of Military Trail for access. ZC April 6, 2017 Page 156

Staff Response: CORRECT. Literal interpretation of the code is not possible for this site due to conflicting Code requirements; the URA Code requires access from the rear and the Subdivision Ordinance requires access from an 80-foot right of way. 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: The variance requested is the minimum variance that will make possible the reasonable use of the parcel of land, building, or structure. As stated above, we cannot dedicate any property for the expansion of Fuller Street because of the intervening land owned by LWDD. Therefore, proposing to use the existing 40 ROW of Fuller Street is the minimum variance. Staff Response: CORRECT. This is the minimum Subdivision variance required for a commercial use on this site. 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: Approval of this variance will be consistent with the purposes, goals, objectives, and policies of the Plan and the Code. The intent of the URA is to minimize curb cuts along the main commercial thoroughfare by requiring developments to provide access from the rear. The proposed variance accomplishes the intent of the URA. Staff Response: CORRECT. Grant of this variance will allow the site to be developed in accordance with the URA Code requirements. 7. The grant of the variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Applicant s Response: Approving this variance will not be injurious to the area involved or otherwise detrimental to the public welfare. The Traffic Impact Study submitted with the Zoning application demonstrates that the proposed development meets the Traffic Performance Standards for Palm Beach County and the additional vehicle trips generated by the proposed development is only 12 new AM peak hour trips and 14 new PM peak hour trips, therefore the impact on Fuller Street is relatively low. Staff Response: CORRECT. In fact, County Staff finds that access from a side street rather than directly to a major street to be a safer condition for the public. Type II Waivers Summary: When considering a Development Order application for a Type II Waiver, the BCC shall consider the Standards in Article 2.B.2.G.3 of the ULDC. The Standards and Staff Analyses are indicated below. A Type II Waiver, which fails to meet any of the standards, shall be deemed adverse to the public interest and shall not be approved. The Applicant is requesting 3 Type II Urban Redevelopment Area Overlay (URAO) Waivers from the following standards of the Unified Land Development Code (ULDC) Art. 3.B.16 - URAO Standards and Property Development Regulations (PDRs): ULDC Article Required Proposed Variance (W1) Art.3.B.16.E.4.a Outdoor uses shall be setback Outdoor drying 81.5 ft. Residential Setback a minimum of 200 feet (ft.) from any abutting non-pra residential use or parcel with a Residential Future Land Use (FLU) designation. area located within 200 ft. from parcel Residential FLU. (W2) Art.3.B.16.F.6.d.1 Primary Entrance The primary entrance for all first floor tenants must directly Primary faces entrance interior Primary faces entrance interior ZC April 6, 2017 Page 157

(W3) Art.3.B.16.F.6.a.2 Building Standards; Corners face a street, courtyard, plaza, square or other form of usable open space fronting a street. Where a parcel is located at the intersection of two streets, at least one building shall be placed at the corner meeting the build-to-line for both streets. parking area. Increase the setback from the build-to-line along the south property line to 37.3 feet (ft). parking area. To increase the setback from the build-to-line along the south property line to 37.3 ft. Waiver 1 (Residential Setback): Section 3.B.16.F.4.a requires a 200-foot setback for outdoor use areas from any abutting residential use. The property is 227 ft. in depth and the Right of Way (ROW) separating the property from the residential uses to the south is only 30 ft. in width, a 200-foot setback from the residential uses to the east and south would allow only the north-west 149 ft. x 60 ft. of the property to be utilized for outdoor uses such as the Car Wash drying area, etc. which would not be permitted by other sections of the UI standards. Waiver 2 (Primary Entrance): Section 3.B.16.F.6.d.1 requires the Primary Entrance of the building to face the street. If the office component of the building faces the street and the parking area is located in the rear, it would require the customers to cross the vehicular drive aisles of the Car Wash to gain access. Due to vehicular driven nature of the proposed development, pedestrian safety was taken into consideration as part of the review and the proposed design offers a safer environment for the customers by keeping the vehicle circulation on the outer perimeter of the site. Waiver 3 (Building Standards; Corners): Section 3.B.16.F.6.a.2. requires that when a parcel is located at the intersection of two streets, at least one building shall be placed at the corner meeting the build-to-lines for both streets. 1. The Waiver does not create additional conflicts with other requirements of the ULDC, and is consistent with the stated purpose and intent for the Zoning District or Overlay; W-1 Yes: The project is designed to locate the Car Wash tunnel on the west side of the building which is the furthest point from the adjacent residential uses to the south and east. The proposed design also provides maximum visibility and safe circulation while providing the required buffering and screening for the adjacent residential uses to the south and east. The operation of the use relies upon the proper vehicular circulation since the use is primarily a vehicular driven. The subject site is a small parcel measuring 250 ft. deep x 160 ft. wide with residential parcels directly to the east, this would leave only the western 50 feet of the property to developed with any outdoor activity. The proposed reduction is from 200 ft. to approximately 81.5 ft. from abutting non PRA residential use, thus the waiver is a 118.5 ft. reduction. The Applicant is also proposing to add a panel wall on the east buffer and hedge at the end of the outdoor functions of the business to further reduce any incompatibility issues. W-2 Yes: The PSP indicates the required pedestrian circulation zone and the planting/amenity zone between the front façade and the vehicular lanes. The minimum usable open space along the primary frontage both sides of the property. Given that this use is for automobiles, the building has been designed to maintain the urban street scape. W-3 Yes: The Code requires parcels located at the intersection of two streets, that at least one building be placed at the corner meeting the build-to-line for both streets. As noted above, the use is primarily vehicular driven and requiring the Car Wash to comply with the requirement to have at least one building placed at the corner creates an undue hardship in site design. As proposed, there is only one car wash building and the car wash tunnel is to the rear of the building with the entrance and exit located at both corners internal to the site. The Applicant has also included architectural design elements to create a faux façade that includes wing walls that extend along the front at the northern and southern ends of the building. The southern wing wall was extended as far south without encroaching into the site visibility triangles to provide a structure edge of the property at the intersection. The intent is to give the illusion that the building extends along the entire frontage, but the building itself cannot meet the build to lines for both streets of the intersection and continue to provide the safe and adequate circulation of the car wash, therefore the building has been designed ZC April 6, 2017 Page 158

to be setback 37.8 ft. from the south build-to-line. Considering the above analysis, the Waiver does not create additional conflicts with other requirements of the ULDC, and is consistent with the stated purpose and intent for the Overlay. 2. The Waiver will not cause a detrimental effect on the overall design and development standards of the project, and will be in harmony with the general site layout and design details of the development; and, W-1 through W-3 Yes: The Waiver will not cause a detrimental effect on the overall design and development standards of the project, and will be in harmony with the general site layout and design details of the development. As previously stated, it is difficult to meet the residential setback requirement given the width and length of the parcel and the operations for this use. As explained above, the proposed layout will continue to allow the circulation of the car wash and provide a structural edge by implementation of the wing wall while still providing a safer environment for both vehicles and pedestrians. 3. The alternative design option recommended as part of the Waiver approval, if granted, will not adversely impact adjacent properties. W-1 through W-3 Yes: The Waiver will not cause a detrimental effect on the overall design and development standards of the project, and will be in harmony with the general site layout and design details of the development. The Applicant stated that steps have been taken to minimize the impact on surrounding properties such as visual screening, prohibition of outdoor speakers, and standard operating hours. Staff agrees with the proposed layout as it creates a safer environment for the patrons to circulate through the car wash tunnel and the wing walls and landscape strips will provide a buffer screen from the adjacent roadways. The proposed waiver will have no negative effect on the functioning of the site. ADDITIONAL STAFF ANALYSIS OF THE PROPOSED REQUESTS AND USES Note: The Board is only taking action on the Variance and the Waivers. The use is reviewed through the Administrative Review process. PLANNING DIVISION COMMENTS: o Consistency with the Comprehensive Plan: The proposed use or amendment is consistent with the Goals, Objectives and Policies of the Comprehensive Plan, including previous Land Use Amendments, densities and intensities of use. o Prior Land Use Amendments: The site has been the subject of 2 of previous Land Use amendments. The first county initiated amendment, Commercial Categories f, l, j, k, was adopted with no conditions via ORD. 2001-087, which amended the land use from C/8 to CH/8. A subsequent Land Use amendment, URA South Military Trail LGA 2009-089, was adopted with no conditions via ORD. 2009-046. This amendment changed the land use from CH/8 to UI. o Intensity: The property is located within the UI designation in the Urban Redevelopment Area; therefore, there is no floor area limitation for the site. Development limitations are form based and the project is within the limitations established by the Comprehensive Plan. o Special Overlay District/ Neighborhood Plan/Planning Study Area: The request is located within a Countywide Community Revitalization Team (CCRT) area, the Urban Redevelopment Area (URA) and the RRIO. The analysis for each planning area is provided below: o Countywide Community Revitalization Team (CCRT) Areas: The site is located within CCRT Area #68 Lake Worth West. The Office of Community Revitalization (OCR) serves as the CCRT neighborhood liaison office for Palm Beach County. The Applicant met with OCR Staff on November 29, 2016 and presented the project to the neighborhood group on January 5, 2017. There was no opposition during the community meeting. ZC April 6, 2017 Page 159

o The Urban Redevelopment Area (URA): The subject site is located within the southern URA Priority Redevelopment Area along Military Trail and is identified on FLUE Map 9.2 as Urban Infill (UI). The request is generally consistent with provisions of the URA provided that the proposed waivers associated with the request are also approved. There are no Comprehensive Plan issues with the waivers. ENGINEERING COMMENTS: TRAFFIC IMPACTS The Property Owner assumes the build out of the project to be by December 31, 2018. Traffic from the carwash facility is expected to be 166 daily and 14 during the PM peak hour. No roadway improvements are required to meet Traffic Performance Standards because the project will have insignificant traffic impacts on the roadways. ADJACENT ROADWAY LEVEL OF SERVICE (PM PEAK) Traffic volumes are in vehicles per hour Segment: Military Trail from Lake Worth Rd to Melaleuca Ln Existing count: Northbound=1593, Southbound=1568 Background growth: Northbound=179, Southbound=168 Project Trips: Northbound=4, Southbound=3 Total Traffic: Northbound=1776, Southbound=1739 Present laneage: 3 in each direction Assured laneage: 3 in each direction LOS D capacity: 2940 per direction Projected level of service: LOS D or better in each direction PALM BEACH COUNTY HEALTH DEPARTMENT: This project meets all Florida Department of Health requirements. ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS: VEGETATION PROTECTION: The site has been previously developed as a single-family residence and supports mostly landscape trees with some native slash pine. About half of the pines have been incorporated into the site plan. The remainder of the pines will be mitigated on the site. WELLFIELD PROTECTION ZONE: The property is not located with a Wellfield Protection Zone. IRRIGATION CONSERVATION CONCERNS AND SURFACE WATER: All new installations of automatic irrigation systems shall be equipped with a water sensing device that will automatically discontinue irrigation during periods of rainfall pursuant to the Water and Irrigation Conservation Ordinance No. 93 3. Any non stormwater discharge or the maintenance or use of a connection that results in a non stormwater discharge to the stormwater system is prohibited pursuant to Palm Beach County Stormwater Pollution Prevention Ordinance No. 93 15. ENVIRONMENTAL IMPACTS: There are no significant environmental issues associated with this petition beyond compliance with ULDC requirements. FIRE PROTECTION: Staff has reviewed the project and has no issue with the proposed request. SCHOOL IMPACTS: Detailed analysis is not required for this non-residential application, as it will not generate any students. PARKS AND RECREATION: This is a nonresidential project, therefore Park and Recreation Department ULDC standards do not apply. ZC April 6, 2017 Page 160

CONDITIONS OF APPROVAL Exhibit C-1 Subdivision Variance DISCLOSURE 1. All applicable state or federal permits shall be obtained before commencement of the development authorized by this Development Permit. ZC April 6, 2017 Page 161

CONDITIONS OF APPROVAL Exhibit C-2 Type II Waiver ALL PETITIONS 1. Development of the site is limited to the uses approved by the Board of County Commissioners. The approved Site and Regulating Plan are dated February 7, 2017. All modifications to the Development Order inconsistent with the Conditions of Approval, or changes to the uses or site design beyond the authority of the Development Review Officer as established in the Unified Land Development Code, must be approved by the Board of County Commissioners or the Zoning Commission, unless the proposed changes are required to meet Conditions of Approval. (ONGOING: ZONING - Zoning) ENGINEERING 1. In order to comply with the mandatory Traffic Performance Standards, the Property Owner shall be restricted to the following phasing schedule: a. No Building Permits for the site may be issued after December 31, 2018. A time extension for this condition may be approved by the County Engineer based upon an approved Traffic Study which complies with Mandatory Traffic Performance Standards in place at the time of the request. This extension request shall be made pursuant to the requirements of Art. 2.E of the Unified Land Development Code. (DATE: MONITORING - Engineering) USE LIMITATIONS 1. Outdoor speaker or public address systems shall not be permitted on the property. (ONGOING: ZONING - Zoning) 2. This Waiver is approved for the Car Wash. Any change to the use(s) shall require reconsideration of the Variance by the Zoning Commission. (ONGOING: ZONING - Zoning) COMPLIANCE 1. 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 of Approval; 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) 2. In Granting this Approval, the Board of County Commissioners 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) DISCLOSURE 1. All applicable state or federal permits shall be obtained before commencement of the development authorized by this Development Permit. ZC April 6, 2017 Page 162

Figure 1 - Land Use Map ZC April 6, 2017 Page 163

Figure 2 - Zoning Map ZC April 6, 2017 Page 164

Figure 3 Aerial ZC April 6, 2017 Page 165

Figure 4 Preliminary Site Plan dated February 7, 2017 ZC April 6, 2017 Page 166

Figure 4A Preliminary Site Plan dated March 13, 2017 ZC April 6, 2017 Page 167

Figure 5 Preliminary Regulating Plan dated February 7, 2017 ZC April 6, 2017 Page 168

Figure 6 Preliminary Architectural Elevations dated January 12, 2017 ZC April 6, 2017 Page 169

Exhibit D Disclosures ZC April 6, 2017 Page 170

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Exhibit E Applicant s Justification Statement dated March 13, 2017 MILLER LAND Planning, Inc. 508 E. Boynton Beach Boulevard Boynton Beach, FL 33435 Phone (561)736.8838 Fax (561)736.8079 Web millerlandplanning.com PALM ELITE CARWASH PCN: 00-42-44-25-00-000-5010 Original: July 20, 2015 Revised: January 11, 2017 February 7, 2017 March 13, 2017 Site Plan and Type II Waiver Application Summary On behalf of the applicant and property owner, Eddy Hernandez, this application requests approval by the DRO for Final Site Plan approval of a carwash and concurrent approval of Type II Waivers by the Board of County Commissioners (BCC). The.93 acre site is located on the east side of Military Trail between Fuller Street and Vermont Avenue within the URA, PRA, RRIO, CCRT #68 Lake Worth West overlay. The property is within the Urban Infill (UI) 1 Sub-area Transect and has a Future Land Use Designation of UI. The site is currently undeveloped with no prior approvals. Response to Zoning Commission Comments At the Zoning Commission public hearing on March 2, 2107, the application was postponed for 30 days to reconfigure the Site Plan to address comments that primarily pertained to the buffering and screening of the proposed car wash from the property to the east. In response to the comments, the Site Plan has been reconfigured to rotate and relocate the drying area canopy closer to the car wash building, remove the paved area of the future cross access and landscape the area and relocate the dumpster farther from the east property line. The comments and a comparison between the Certified Site Plan and Reconfigured Site Plan are outlined in the table below: ZC Comments/Plan Revisions Certified Plan Revised Plan Difference Drying Canopy from East Property Line 61' 130' +69' Nearest Vacuum Station from East PL 61 130 +69 Canopy Area 2,485 sf 2,460 sf -25 sf Dumpster Enclosure from East PL 25 46 +21 Parking (HC & Standard) 5 spaces 9 spaces +4 spaces Self-Serve Vacuum Stations 2 spaces 2 spaces Future Cross Access Paved Grass East Property Buffer 6' Chain Link Fence 6' Panel Wall It is important to recognize that the subject property was zoned for commercial use prior to it being rezoned to Urban Infill (UI) in 2013. The owner of the adjacent property purchased the lot in 2008 and did not opt out of his property being rezoned to Urban Infill. The subdivision variance to reduce the required right of way width for Fuller Street, installation of the culvert crossing of the LWDD canal and future cross access all benefit the potential redevelopment of his property without cost. In the meantime while it is a residential use, significant and costly means of buffering and design separation have been implemented into the reconfigured Site Plan design for the subject site. ZC April 6, 2017 Page 175

Project Description The proposed carwash development includes one main building consisting of a 1,224 sf. automated washing tunnel and 734 sf. of administrative space, plus a 2,460 sf. open air canopy used for drying automobiles after they exit the automated tunnel. The parking area consists of 6 parking spaces including 5 standard 9.5 x18.5 spaces, 1 handicap space, and 3 vacuum accessible spaces. There are 4 parking spaces required as shown on the Site Plan. The proposed vehicular circulation is primarily one-way except for the two-way drive aisle serving the 90 degree parking spaces. The primary frontage for the proposed development is Military Trail and the primary access point is located on Fuller Street across the LWDD canal. A 25 corner clip is proposed for Military Trail and a 5 LWDD easement is proposed along the north property line adjacent to the canal. The main building is setback 20 from the Military Trail base building line and 20 from the north and south base building lines. The front façade extends beyond the limits of the main building in order to comply with the 20 maximum side street setback and minimum 65% building frontage requirement. The extended façade also serves to screen the drive thru area from Military Trail. The required usable open space is demarcated by the street (Military Trail) and the building façade as defined by the URAO. The minimum required usable open space is 5% of the gross acreage (2,218 sf.) and 6% has been provided (2,748 sf.). URAO regulations state that projects that have net land areas of less than two and one-half acres is size may count all streetscape areas towards the usable open space requirement. Perimeter buffers are provided in accordance with URAO regulations. Along the west base building line, a 5 planting and amenity zone and 8 pedestrian circulation zone have been provided. The planting and amenity zone consists of street trees, lighting, and benches and trash receptacles for every 50 of frontage. Along the north and south base building lines, a 5 wide landscape strip including a continuous hedge has been provided as required for screening of outdoor uses such as the outdoor drying area. A 15 Type II incompatibility buffer has been provided along the rear (east) property line, adjacent to a single family structure to the east, in accordance with Article 7. To further screen the car wash from the single family structure, the Site Plan shows a 6 high concrete panel wall is proposed within the Type II buffer with the required trees on the exterior side of the wall. The panel wall will also help screen the dumpster enclosure which is 46 from the east property line and relocated closer to the south property line. Please refer to the Regulating Plan for further detail. Terminal landscape islands have been reduced to 5 widths as allowed by the Alternative Parking Lot Design Option #2. As stated above, the proposed site plan complies with the minimum parking requirements. Per Article 6, no loading zone is required for the proposed use. Bicycle parking is provided adjacent to the main building. No monument signs are proposed for this site. However, wall signage is proposed for the main building as well as directional signage within the LWDD right-of-way. A menu board sign is proposed in the queuing area for the patrons adjacent to the vacuum equipment building. The Regulating Plan shows a typical wall sign detail and the final sign design will be provided at time of permitting. Per the ULDC, the Base Building Line (BBL) along the south property line should be 30 from the centerline of Vermont Avenue. However, Vermont Avenue currently exists as a 30 ROW with the BBL being 15 north of the centerline. We are requesting that Land Development allow the BBL to remain at 15 north of the centerline due to the fact that no access is proposed from the site to Vermont Avenue and the site is already a very small parcel with a large portion of the site being under the control of LWDD. Furthermore, the URA regulations require the building to be oriented along Military Trail and therefore moving the BBL an additional 15 north would make it impossible to meet both the frontage requirement for the building and provide a sufficient turning radius into the automated carwash tunnel. According to Table 3-13 of the FDOT Florida Greenbook a 6 wide clear zone is required for local roads where no curb and gutter is present. As shown on the proposed site plan, the existing clear zone on Vermont Avenue is 8.1. Therefore, we respectfully request the approval of the BBL to be 15 north of the centerline of Vermont Avenue. Standards for Administrative Approval ZC April 6, 2017 Page 176

Consistency with the Plan The existing Zoning for the proposed site is UI and the existing Future Land Use is UI. This application is not proposing a change to either the Zoning or Future Land Use Designation. The proposed use is consistent with the existing zoning, FLU designation, and URAO regulations as stipulated by Table 3.B.16.E PRA Use Matrix. Consistency with Neighborhood Plans This site is located in the URA, PRA, RRIO, CCRT #68 Lake Worth West overlay. Other than the Type II Waivers requested below, this application is consistent with the Neighborhood Plan. The proposed Final Site Plan implements the form based code of the URAO by complying with the development standards to the greatest extent possible considering the proposed use. Other Relevant Codes - Article 4.B.1.A.25.a states that any proposed carwash shall be separated from any other existing car wash by 1,000 feet. A map has been provided with this submittal illustrating that no other carwash establishments exist within the 1,000 foot radius of the proposed site. Type II Waiver Standards This application requests a total of (3) three Type II Waivers to be approved by the BCC. As required by URAO regulations, the Type II Waiver requests shall be processed concurrently with the Final DRO application. Pursuant to Article 2.B.2.G.3, the BCC shall consider the following standards as follows: 1. The proposed waiver does not create additional conflicts with other requirements of the ULDC, and is consistent with the stated purpose and intent for the Zoning district or Overlay; 2. The waiver will not cause a detrimental effect on the overall design and development standards of the project, and will be in harmony with the general site layout and design details of the development; and, 3. The alternate design option recommended as part of the Waiver approval, if granted, will not adversely impact adjacent properties. Residential Setback (Art. 3.B.16.E.4.a.) Outdoor uses shall be setback a minimum of 200 from any abutting non-pra residential use or parcel with a residential future land use designation. During the review of this application, Zoning Division Staff requested that a waiver be included with this application as it relates to the setback between outdoor use of the subject property and residential property to the south and east. There is a vacant property to the south, separated by Vermont Avenue and behind a restaurant that has a residential Future Land Use designation of HR- 12 and triggers the setback requirement. There is also a residential structure behind the restaurant that is owned by the restaurant owner. A 200 foot setback from the northwest corner of the parcel with the HR-12 designation renders the property undevelopable based on how Zoning staff is applying outdoor use. There is no ULDC definition for outdoor use and during the DRO review process the vehicular circulation for the proposed car wash use was considered as outdoor use. Without a definition it is difficult to provide a specific setback dimension. However, if the measurement is from the northwest corner of the parcel with HR-12 designation to the nearest canopy of the drying area or vacuum station, the setback provided is 80 feet. If the measurement is to the nearest edge of pavement of vehicular circulation, the setback provided is 45. The setback to the east is a different situation. The property immediately abutting to the east has a UI Future Land Use designation and is considered a PRA parcel. Therefore with a literal interpretation of this code section, the setback does not apply to the property immediately abutting to the east. However, the parcel with the UI Future Land Use designation is approximately 115 feet wide and the parcel to the east of the UI lot has a HR-12 FLU designation. Therefore Zoning Division Staff has required the setback be applied to and measured from the HR-12 property to the east, which then restricts outdoor uses from being in the eastern most 85 feet of the subject property. As shown on the proposed site plan dated March 10, 2017, the only improvements proposed within the eastern 85 of the subject property is a 6 high panel wall, landscape buffer, drainage area, dumpster, lift station, parking spaces and partial drive aisles. Again, depending on the definition of outdoor ZC April 6, 2017 Page 177

uses, the setback to the east required by this code section may be in compliance. All vacuum stations and drying areas are a minimum of 130 from the east property line and completely beyond 200 feet from the parcel with the HR-12 FLU designation to the east. Regardless, in response to Zoning Division request and Zoning Commission comments, the east buffer has been enhanced with a 6 panel wall for screening between the adjacent lot and the site plan reconfigured to locate the outdoor use as far away from property with residential use as possible. The following provides specific responses to the standards indicated above for consideration of this waiver. a. The area of outdoor use that should be of concern for this application is the drying area and vacuum, area. In response to Zoning Commission comments, the drying area has been relocated closer to the car wash building and further from the properties with residential Future Land Use designations. In addition, at the request of the Zoning Commission, the dumpster has been relocated further from the east property line, a 6 high concrete panel wall has been added and the future cross access will not be paved to the property line as typically required. Although these additional methods of screening and buffering are contrary to the general concepts of the URA area, they are being provided in recognition to the adjacent residential lot. b. The site plan design has been modified to address comments of the Zoning Commission. Given the size of the property, if the waiver is not approved, there will be a detrimental effect on the entire property and its development potential. c. The alternate design provided by the site plan submitted in response to the Zoning Commission comments addresses buffering and screening to the adjacent residential properties. The buffer along the east property line has been enhanced above code requirements with a 6 high wall and landscaping that extends the entire length, including across the future cross access location. The drying area, vacuum stations, dumpster and lift station have all been relocated farther away from the adjacent residential property to the east. In addition, the drainage area also provides approximately 30 feet of separation. Primary Entrance (Article 3.B.16.F.6.d.1.) - The primary entrance for all 1st floor tenants must directly face a street, courtyard, plaza square or other form of usable open space fronting a street. As shown on the FSP, the proposed carwash uses an automated tunnel to clean the vehicles. For safety purposes, the applicant does not want patrons or pedestrians crossing the drive thru area and interfering with vehicle traffic. Given the URAO requirements for building placement, it is impossible to provide a safe site layout where the primary entrance complies with the code and pedestrians or patrons do not have to cross the drive thru. For the safe functioning of the site, the primary entrance has been located toward the interior parking area. a) The proposed waiver does not create additional conflicts with the specified Section(s) of the ULDC, and is consistent with the stated purpose and intent and standards. The proposed site layout still provides a pedestrian friendly zone between the public right-of-way and the primary building façade as intended by the code. The minimum usable open space has been provided along the primary frontage, and given that this use is for automobiles, the building should not invite pedestrian passers-by to enter the building but should rather maintain the urban street scape which has been provided. b) The proposed waiver will not cause a detrimental effect on the overall design and development standards of the project, and will be in harmony with the general site layout and design details of the development. As explained above, the proposed layout will create a safer environment for both vehicles and pedestrians. c) The alternate design option recommended as part of the Waiver approval, if granted, will not adversely impact users of the project or adjacent properties. As described above, the proposed layout will create a safer environment for pedestrian and patrons. Furthermore, given that the proposed waiver request is in regards to the primary street frontage and not adjacent to or related to surrounding properties, the proposed waiver will not adversely impact said properties. ZC April 6, 2017 Page 178

Building Standards Corners (Article 3.B.16.F.6.a.2)) - Where a parcel is located at the intersection of two streets, at least one building shall be placed at the corner meeting the build-tolines for both streets. This section of the code is being applied to the southwest corner of the property that has frontage on Military Trail and Vermont Avenue. Although a car wash is a permitted use, the regulation does not contemplate the circulation required outside of the tunnel area that will not allow the building to be extended and wrapped around the corner. 1. The proposed waiver does not create additional conflicts with the specified Section(s) of the ULDC, and is consistent with the stated purpose and intent and standards. The architectural design includes wing walls that extend as far south without encroaching into the site visibility triangles to provide a structure edge of the property at the intersection, but the building itself cannot meet the build to lines for both streets of the intersection and continue to provide the safe and adequate circulation of the car wash. 2. The proposed waiver will not cause a detrimental effect on the overall design and development standards of the project, and will be in harmony with the general site layout and design details of the development. As explained above, the proposed layout will continue to allow the circulation of the car wash and provide a structural edge by implementation of the wing wall. 3. The alternate design option recommended as part of the Waiver approval, if granted, will not adversely impact users of the project or adjacent properties. As described above, the proposed layout will create a safer environment for the patrons to circulate through the car wash tunnel and the wing walls and landscape strips will provide a buffer screen from the adjacent roadways. Conclusion The proposed use and reconfigured design of the project are in conformance with the purpose and intent of the URAO, Comprehensive Plan, and other relevant code sections, plus they address the recent comments from the Zoning Commission hearing on March 2, 2017. The requested waivers, if granted, will not negatively affect the users of the development or adjacent properties. In fact, the waivers and development of this site will benefit the future redevelopment potential of the property to the east for commercial use under the UI zoning by providing cross access and a culvert crossing to Fuller Street and Military Trail. Given the size and constraints of the property, the proposed use is compatible with this specific site and the proposed development serves the intent of the Urban Infill Zoning District. Therefore, we respectfully, request approval of the proposed Site Plan and concurrent Type II Waivers. ZC April 6, 2017 Page 179