CITY OF WEST PALM BEACH ZONING BOARD OF APPEALS Meeting Date: February 6, 2014 Zoning Board of Appeals Case No. 3302

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1 CITY OF WEST PALM BEACH ZONING BOARD OF APPEALS Meeting Date: February 6, 2014 Zoning Board of Appeals Case No Golden Lakes Blvd. Class B Special Use Permit Location Aerial I. REQUEST Site is outlined in red A request by Moses Poissant of Jon E. Schmidt Associates, on behalf of Branch Banking and Trust Company and Hovhannes Grigorian, for a Class B Special Use Permit to operate a car wash facility within a General Commercial (GC) zoning district. The 1.87 acre site is located at 1950 Golden Lakes Boulevard and is located within Commission District No. 4 Commissioner Keith A. James. ZBA Golden Lakes Blvd. Page 1 of 26

2 II. RECOMMENDATION CONDITIONAL APPROVAL APPROVAL WITH CONDITION(S) Based on the findings that the petition meets Section 94-36(e)(3), Section 94-36(e)(4), and Section (d)(46) of the City of West Palm Beach Zoning and Land Development Regulations (ZLDRs). The recommendation of approval is made with the following condition(s): 1. Prior to application for a building permit for construction of the car wash facility at 1950 Golden Lakes Boulevard, the applicant shall obtain final Informal Site Plan approval and submit a traffic concurrency approval letter from Palm Beach County Traffic Division. III. BACKGROUND AND ANALYSIS The subject property is approximately 1.87 acres located on the southeast corner of Okeechobee Boulevard and Golden Lakes Boulevard at 1950 Golden Lakes Boulevard. The property was involuntarily annexed on February 13, 2006 by Ordinance No The property was assigned a Future Land Use designation of Commercial (C) (Ordinance No ) and Zoning designation of General Commercial (GC) (Ordinance No ). At the time of annexation the subject property was owned by Wachovia Bank and a parking lot and building occupied the south half of the property. The structure on the site was demolished sometime in late 2006 to early The site is currently vacant with the exception of a few trees. Photos of the site are provided in ATTACHMENT A and survey of the property is provided in ATTACHMENT B. The subject property has been owned by Branch Banking and Trust Company since September 2006 and is currently under contract for purchase by Hovhannes Grigorian. The proposal under consideration is to develop the site with a car wash facility. Within Appendix A (Master Use List) of the City s Zoning and Land Development Regulations (ZLDRs), automobile washing facilities are a sub-classification of the use code Motor Vehicle Fuel Sales and Service, which according to Section , Table IX-1 of the ZLDRs requires approval of a Class B Special Use Permit for properties located within the General Commercial (GC) zoning district. The applicant s justification statement is provided in ATTACHMENT C. The proposed development includes an approximately 7,921 square foot automotive washing facility consisting of a wash tunnel, mechanical room, hand wash bay, office (two-story portion), waiting area, and retail area. Attached to the main car wash building is a 4,114 square foot four (4) lane covered full service area. A second structure on the site, of approximately 1,606 square feet, will provide for three (3) detail bays. The site also includes a vending/wash area and eleven self-serve vacuum stalls. While the property has frontage on to Okeechobee Boulevard, access to the site is from Golden Lakes Boulevard via an existing rear access road which also provides connection to the commercial properties immediately to the east. The rear access road has an existing 50 foot wide ingress/egress easement over it according the plat of the subject property (PB 94/PG 193). Public access of Golden Lakes Boulevard was provided in the original plat of the street (PB 30/PG 18). ZBA Golden Lakes Blvd. Page 2 of 26

3 The Site Plan is provided in ATTACHMENT D, Landscape Plan is provided in ATTACHMENT E, Elevations are provided in ATTACHMENT F, and Floor Plans provided in ATTACHMENT G. Overall Analysis The subject property is located along Okeechobee Boulevard, a major thoroughfare. The property is situated within a mix of uses. To the north and south are residential uses which are buffered from the subject property by a roadway and canal, respectively. The nearest residential use is approximately 300 feet from any proposed building. To the west and east are nonresidential uses consisting of a school and a shopping plaza, respectively. Directly to the east of the subject property, within the shopping plaza, is an auto repair business. The site plan for the car wash facility was reviewed by the Plans and Plats Review Committee (PPRC) on January 8, At the time of this report the applicant has addressed staff comments and is awaiting final traffic concurrency approval from Palm Beach County which has been made a recommended condition of approval. The Planning Division Staff finds that the request for a Class B Special Use Permit for a car washing facility, in the General Commercial (GC) zoning district at 1950 Golden Lakes Boulevard will not adversely affect the surrounding properties and is compatible with the existing and future uses in the area. Staff also finds that proposed Class B Special Use Permit meets all of the standards found in the City s ZLDRs (ATTACHMENTS H through J). IV. PROJECT DETAILS A. Land Use and Zoning The subject property currently has a Commercial (C) Future Land Use designation and a General Commercial (GC) zoning designation. The following table summarizes the uses surrounding the subject parcel, their FLU designations and their Zoning districts. Existing Use FLU Zoning North Residential Riverwalk (across Okeechobee Blvd.) Commercial Golden Shoppes Plaza Single Family Low Density/ Special Impact Zone (SFLD) Residential Planned Development (RPD) East Commercial (C) General Commercial (GC) South Residential Golden Lakes Village School Turning Points Academy (across Golden Lakes Blvd.) Unincorporated Residential High Density Unincorporated Single Family Residential (RS) West Community Service (CS) Community Service (CS) ZBA Golden Lakes Blvd. Page 3 of 26

4 B. Interdepartmental Review The proposed application was reviewed by the Plans and Plats Review Committee (PPRC) on January 8, All staff comments have been addressed with the exception of submittal of a traffic concurrency approval letter from Palm Beach County Traffic Division which is currently under review and pending approval. C. Inter-jurisdictional Review Traffic Concurrency: Traffic concurrency approval by Palm Beach County is pending approval and has been made a recommended condition of approval. School Concurrency: Not required. D. Public Comment Staff has advised the applicant to meet with Riverwalk of the Palm Beaches community to discuss their development proposal. The applicant provided a letter to Riverwalk and Golden Lakes Village expressing their willingness to meet and discuss their proposed project. Courtesy notices were mailed to property owners within 400 feet of the subject property on January 21, At the time of printing this report, the City had received numerous inquiries via and phone from residents of the Golden Lakes Village community objecting to the car wash facility citing concerns of an undesirable commercial use, increase traffic and associated dangers, and increased pollution. Staff was able to pull the available crash data at the intersection of Okeechobee Boulevard and Golden Lakes Boulevard from a three year period between January 2010 and January Sixteen accidents were reported during this time period. Okeechobee Boulevard and Golden Lakes Boulevard is a lighted intersection. Prepared and Respectfully Submitted by: Danielle J. Kittredge, AICP Senior Planner ZBA Golden Lakes Blvd. Page 4 of 26

5 ATTACHMENT A Site Photos View looking north along the east property line of the subject property. View looking west from the south property line. ZBA Golden Lakes Blvd. Page 5 of 26

6 View looking west along the south property line of the subject property. View looking north along the west property line. ZBA Golden Lakes Blvd. Page 6 of 26

7 View looking east along the north property line. View looking south into property from the north property line. ZBA Golden Lakes Blvd. Page 7 of 26

8 ATTACHMENT B Boundary Survey ZBA Golden Lakes Blvd. Page 8 of 26

9 ATTACHMENT C- Applicant s Justification Statement ZBA Golden Lakes Blvd. Page 9 of 26

10 ZBA Golden Lakes Blvd. Page 10 of 26

14 ATTACHMENT D Site Plan ZBA Golden Lakes Blvd. Page 14 of 26

16 ATTACHMENT E Landscape Plans ZBA Golden Lakes Blvd. Page 16 of 26

17 ATTACHMENT F Elevations ZBA Golden Lakes Blvd. Page 17 of 26

18 ATTACHMENT G Floor Plans ZBA Golden Lakes Blvd. Page 18 of 26

20 A. FUTURE USES: ATTACHMENT H General Special Use Standards Section 94-36(e)(3) The use exactly as proposed at the location where proposed will be in harmony with the uses which, under the zoning ordinance and land use plan, are most likely to occur in the immediate area where located. The surrounding uses are commercial, institutional, and residential in nature. The proposed car wash facility will be located along a commercial corridor and there is an existing automotive repair facility abutting the subject property. The site is buffered from residential uses by roadways and waterways. As a result, the location of the proposed car wash facility use will be in harmony with the uses most likely to occur in the immediate area. B. SURROUNDING USES: The use exactly as proposed at the location where proposed will be in harmony with the existing uses in the immediate area where located. The subject property is located along Okeechobee Boulevard which is a major commercial thoroughfare. To the west, across Golden Lakes Boulevard, is a school. To the north, across Okeechobee Boulevard is RiverWalk, a residential community. To the east is Golden Shoppes, a commercial plaza with an automotive repair business directly abutting the subject property. To the south is unincorporated Palm Beach County where Golden Lakes Village, a residential community, is located and separated from the subject property by a canal. Based on the surrounding development pattern, the proposed car wash facility will be in harmony with the existing uses in the immediate area. C. PUBLIC BENEFIT: The use exactly as proposed at the location where proposed will not result in substantially less public benefit nor greater harm than would result from use of the site for some use permitted by right or by some other special use permitted on the site. The proposed car wash facility will not result in any substantially less public benefit nor greater harm than would result from a use that would be permitted by right. The subject property is located within a commercial zoning district and motor vehicle services occur in the immediate vicinity. ZBA Golden Lakes Blvd. Page 20 of 26

21 ATTACHMENT I Specific Use Standards Section 94-36(e)(4) A. TRAFFIC: 1. The proposed use will not generate traffic that will reduce the level of service of any road to a lower level than would result from a use permitted by right. The proposed car wash will not generate traffic that will reduce the level of service of any road to a lower level than would result from a use permitted by right in the GC zoning district. Submittal of a traffic concurrency letter from Palm Beach County Traffic Division has been made a recommended condition of approval. 2. The proposed use will not require the extension or enlargement or any other alteration of the street system in a manner resulting in higher net public cost or earlier expenditure of public cost than would result from a use permitted by right. Because no increase in traffic is foreseen that would negatively affect the level of service of any roadway, the proposed use will not require extension, enlargement, or any other alteration of the street system. 3. The property or structure for the proposed use will be located, designed, and constructed so that the access and egress standards of Section are satisfied for the uses subject to those standards. The proposed car wash facility will utilize an existing access point from Golden Lakes Boulevard and all internal circulation will be reviewed through site plan review. There are no new access points being proposed or required. B. UTILITY SYSTEMS: The proposed use will be located in relation to water lines, sanitary sewers, storm sewers, surface drainage systems, and other utility systems that neither extension nor enlargement nor any other alteration of such systems in a manner resulting in higher net public cost or earlier expenditure of public cost than would normally result from a use permitted by right will be required. The proposed use will not require the expansion or enlargement of any public utility system that would result in a higher net public cost than that which would normally result from a use permitted by right. ZBA Golden Lakes Blvd. Page 21 of 26

22 C. PUBLIC SAFETY: The proposed use will not place a demand on municipal police or fire protection services beyond the capacity of those services, except that the proposed facility may place a demand on municipal police or fire protection services, a demand which does not exceed that likely to result from a use permitted by right. The proposed car wash facility will not place any additional demand on municipal police or fire protection services beyond the capacity of their services or beyond that which would result from a use permitted by right. ZBA Golden Lakes Blvd. Page 22 of 26

23 ATTACHMENT J Additional Use Standards Motor Vehicle Fuel and Service Section (d)(46) a. ADDITIONAL APPLICATION REQUIREMENTS. None. b. ADDITIONAL STANDARDS. 1. Minimum distances: All principal and accessory structures: 100 feet from any residential zoning district. All proposed principal and accessory structures are greater than 100 feet from a residential zoning district and greater than 100 feet from residential properties within unincorporated Palm Beach County. Therefore, the location of the proposed car wash facility meets all minimum distance requirements. 2. Ingress and egress shall be provided only from a major or minor arterial, a collector or local street segment which does not pass through a residential zoning district. The main ingress/egress for the subject property is an existing access point from Golden Lakes Boulevard. This ingress/egress point does not require vehicles to pass through a residential zoning district. 3. Minimum site dimensions: i. Minimum site size: 10,000 square feet. ii. Minimum lot width: 100 feet. iii. Minimum lot depth: 100 feet. iv. All buildings, signs, pumps, pump islands, tanks, vents and canopies shall be located a minimum of 25 feet from public right-of-way lines. The subject property is 81,779 square feet in size with a minimum lot width of approximately 174 feet and minimum lot depth of approximately 385 feet. The site exceeds all minimum site dimensions for the requested use. Additionally, there are no proposed buildings, signs, pumps, tanks, vents, or canopies within 25 feet for the public right-of-way-lines. ZBA Golden Lakes Blvd. Page 23 of 26

24 4. The floor area allocated to the sale of accessory convenience items shall not exceed 500 square feet. Convenience items offered for sale shall not include alcoholic beverages. A retail area for sale of accessory convenience items of approximately 450 square feet has been proposed on the plan and will not exceed the maximum permitted 500 square feet. There will be no sale of alcoholic beverages. 5. All receptacles, tanks, or facilities for the storage of combustibles in excess of 200-gallon quantities shall be located underground and within the building setback lines. All receptacles, tanks, or facilities for the storage of combustibles in 200-gallon or less amounts shall be located and maintained within building setback lines and in a manner acceptable to the city. DOES NOT APPLY There are no combustibles proposed to be stored on the property. This standard does not apply. 6. In the event a service station is vacant for a continuous period exceeding one year, the property owner shall be required to remove or treat, in a safe manner approved by the city all flammable material storage tanks on the site. A bond sufficient to cover the cost of removal shall be posted prior to the issuing of a building permit for the facility. DOES NOT APPLY The applicant s request does not include a service station and there will be no flammable material storage tanks located on the property. This standard does not apply. 7. All pits and hydraulic hoists shall be located entirely within a building. Lubrication, washing, repair, and service shall be conducted within a building. Minor diagnostic and repair work may be performed at pump islands in the presence of a customer. All pits, hydraulics, and washing services conducted by employees in association the proposed car wash facility are located within a building. There will be no repair work on the site. Optional self-service customer amenities such as outside vacuums and vending kiosks are provided on the site. 8. All merchandise and material for sale except oil for use in motor vehicles, shall be displayed within an enclosed building. Oil for use in motor vehicles may be displayed in or solo from outdoor racks or compartments located on pump islands. All merchandise and material for sale will be displayed within an enclosed building. ZBA Golden Lakes Blvd. Page 24 of 26

25 9. An opaque wall shall be erected to height of no less than four feet and no more than five feet and not closer than six inches to lot lines along the side and rear lot lines when such parking lot or area adjoins a residential district, except that such a wall shall not be required where the applicant for a permit shall secure and file with the application a notarial waiver duly signed under the seal by all abutting landowners waiving objection to the existence of an unwalled parking lot or area. Such walls, where required, shall be erected in compliance with the city building code. There are no residential lots within the City of West Palm Beach that directly abut the subject property. 10. For sites adjacent to residential zoning districts, the following landscape buffering standards apply. The site must provide a five-foot wide landscape area with shade trees planted every 30 linear feet on center. A hedge must also be maintained within this buffer area. There are no residential lots within the City of West Palm Beach that directly abut the subject property, however, the landscape plan for the site provides for a minimum five (5) foot buffer around the entire property with shade tree or equivalent every 30 linear feet and continuous hedge. 11. For sites adjacent to residential zoning districts, no exterior pay phones will be allowed. There are no exterior pay phones proposed. 12. For sites adjacent to residential districts, hours of operation shall be no greater than 6:00 a.m. to 12:00 p.m. for fuel sales, and 6:00 a.m. to 10:00 p.m. for convenience store items. Although there are no residential uses that directly abut the subject property within the City of West Palm Beach, there are residential uses in the immediate vicinity and the applicant will operate within the hours of 6:00 a.m. to 10:00 p.m. for convenience store items. There are no fuel sales proposed for the site. ZBA Golden Lakes Blvd. Page 25 of 26

26 GRANTING OF A CLASS B SPECIAL USE PERMIT I move that the Zoning Board of Appeals grant Application No. 3302, a request by Moses Poissant of Jon E. Schmidt Associates, on behalf of Branch Banking and Trust Company and Hovhannes Grigorian, for a Class B Special Use Permit to operate a car wash facility at 1950 Golden Lakes Boulevard. The motion is based upon the testimony presented along with the application submitted and staff report, which constitute competent, substantial evidence. The Board hereby makes findings of fact that each of the criteria in Article II, Section 94-36(e)(3) and (4) and Article IX, Section (d)(46) has been met. READ ONLY IF YOU IMPOSE CONDITIONS: In addition, the granting of this Class B Special Use Permit, are made conditional upon the following restrictions, stipulations and/or safeguards: 1. Prior to application for a building permit for construction of the car wash facility at 1950 Golden Lakes Boulevard, the applicant shall obtain final Informal Site Plan approval and submit a traffic concurrency approval letter from Palm Beach County Traffic Division. that I move are necessary to insure compliance with the purpose and intent of the Zoning and Land Development Regulations and consistent with the Comprehensive plan of the City of West Palm Beach. DENYING A CLASS B SPECIAL USE PERMIT I move that the Zoning Board of Appeals deny Application No. 3302, a request by Moses Poissant of Jon E. Schmidt Associates, on behalf of Branch Banking and Trust Company and Hovhannes Grigorian, for a Class B Special Use Permit to operate a car wash facility at 1950 Golden Lakes Boulevard. The motion is based upon the testimony presented along with the application submitted and staff report, which constitute competent, substantial evidence. The Board hereby makes findings of fact that each of the criteria in Article II, Section 94-36(e)(3) and (4) and Article IX, Section (d)(46) has not been met. ZBA Golden Lakes Blvd. Page 26 of 26