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Quantum Park Lot 3 (2) DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME · Quantum Park Lot 3 APPLICANT'S AGENT: Michael Rodriguez- Ruden McCIosky APPLICANT'S ADDRESS: 200 E. Broward Blvd. Suite 1500, Fort Lauderdale, FL 33301 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 2, 2003 TYPE OF RELIEF SOUGHT: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2. Zoning, Section 7.H.17, requiring a 25-foot wide peripheral greenbelt when abutting a residential district, to allow a 7-foot wide peripheral greenbelt, and a variance of 18 feet for a commercial office/warehouse building in a P.I.D. zoning district. LOCATION OF PROPERTY: Lot 3 Quantum Park P.I.D. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant _~_ HAS HAS NOT established by substantial competent evidence a basi~ for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C' with notation "Included". The Applicant's application for'relief is here.b.y _.~_. GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect im~ issuance by the City Clerk. All further development on the p~ and conditions of this order. in accordance with the terms 7. Other DATED: q- E "~ ~) j:\SHRDATA~Plan ning\SHARED\W P\FORMS\Blan ks forms Clerk Location Map Quantum Park Lot 3 EXHIBIT "A" ~UD / ~/DD L-21 CAN C3 PI / / / / i', ~ .... ~,;.,,~,~ PROPOSED SITE PLAN FOR: i ti ,;,~',,,, WEST QUANTUM PLAZA date: · ~ Z~05/20/0 RE','~i?!;; QUANTUM pARK drawn by :,~Z 8~CH. FLORIDA ch~k~ ~y ~OYNTON EXHI BIT "B" · BIT 0 z II BII EXHIBIT "C" CITY OF BOYNTON BEACH, FLORIDA PLANNING AND ZONING DIVISION VARIANCE JUSTIFICATION STATEMENT IN RE: LOT 3, QUANTUM PARK AT BO YNTON BEACH P. L D., PLA T ONE I. BACKGROUND Bocar Properties, Inc. ("Petitioner") seeks a variance pursuant to Chapter 1.5, SeCtion 4.1 of the Land Development Code of Boynton Beach ("LDC") from Section 7.H. 17 of the Land Development Code to allow for the reduction of the "Peripheral Greenbelt" on the western property line of the property from twenty-five (25') feet to seven (7') feet in order to accommodate additional parking. Petitioner's property is located within the Quantum Park Planned Industrial District and is legally described as ("Property"): Lot 3, QUANTUM PARK AT BOYNTON BEACH P.I.D., PLAT NO. 1, according to the plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida recorded in Plat Book 57, Page 182. Petitioner seeks to construct additional parking to service the thirty-two (32) unit commercial office/warehouse use on the Property. The commercial use of the Property has increased the proposed demand for parking and Petitioner intends to supply additional parking spaces to meet said demand. The only viable location for additional parking on the property is along the western boundary line where the "Peripheral Greenbelt" is currently located. Petitioner seeks to place twenty-five (25) parking spaces within the western property line and seeks a variance to reduce the width of the "Peripheral Greenbelt" from twenty-five (25') feet to seven (7') feet. FTL:1054115:l Variance justification Statement In re: Lot 3, Quantum Park at Boynton Beach PID, Plat No. 1 june 19, 2003 Page 2 of I 0 EXHIBIT "C" II. PREREQUISITES FOR VARIANCES Chapter 1.5, Section 4.1.D, LDC, provides for the Planning and Development Board to have the following powers: The board has the authority and duty to authorize upon appeal such variance from the terms of a city ordinance as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provisions of the city ordinance would result in unnecessary and undue hardship. The Planning and Development Board, in exercising the above referenced powers and duties shall grant a variance upon the following criteria, enumerated in Chapter 1.5, Section 4.1.D.1, LDC: a. That special conditions and circumstances exist which are peculiar to the land, structure or building involved, and which are not applicable to other lands, structures or buildings in the same zoning district.. b. That special conditions and circumstances do not result from the actions of the applicant for the variance. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this section to other lands, structures or buildings in the same zoning distr/ct. d. That literal interpretations of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum variance that will make possible reasonable use of the land, structure or building. f. That the grant of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or be otherwise detrimental to the public welfare. The Property is located within the Planned Industrial District (PIZ)). Section 7.H.17, LDC, provides as follows: Peripheral greenbelt. The project area shall be enclosed on all sides with the exception of accessways for traffic and freight by a landscaped area with a minimum width of bventy-five (25) feet except when such property FTL:1054115:1 Variance Justification Statement In re: Lot 3, Quantum Park at Boynton Beach P[D, Plat No. l June 19, 2003 Page 3 of 10 abuts a residential district such greenbelt shall have a minimum width of forty (40) feet. The western peripheral greenbelt of the Quantum Park PID runs along the Petitioner's western property line. Petitioner is seeking a variance to reduce the width of the peripheral ~eenbelt to allow for the placement of additional parking in order to accommodate the expected increased demand due to the commercial use of the Property. The location of property in the western portion of the Property is the only feasible location for additional parking. Petitioner discussed the location of parking between the two commercial buildings within the "loading area." However, while the Planning and Zoning Division supported the location of parking in that area, the Engineering Department objected to said location. Allowing parking within the western portion of the Property is the minimum variance that ~vould allow the Petitioners the reasonable use of the Property. A. That Special Conditions And Circumstances Exist Which Are Peculiar To The Land, Structure Or Building Involved, And Which Are Not Applicable To Other Lands, Structures Or Buildings In The Same Zoning District. The Property is located on the ~vestern boundary of the Quantum Park PID. The Property is bounded on the west by a commercial use ("Regal Boynton 8 Cinemas"), on the south by Quantum Boulevard, on the east by Lake Worth Drainage District Canal E-4 Canal, and on the north by Lake Worth Drainage District Canal L-21 and the Dos Lagos residential community. The western and northern property lines of the Property form the western boundary of the Quantum Park PID. The Property contains a twenty-five (25) feet peripheral greenbelt adjacent to the western property line and a forty (40) feet peripheral green belt adjacent to the northern property line. The site area is 4.075 acres, EXHIBIT "C" FTL:1054115:I Variance Justification Statement In re: Lot 3, Quantum Park at Boyn ton Beach PID, Plat No. I june 19, 2003 Page 4 of I 0 EXHIBIT "C" and the gross building area is proposed to be tony-six thousand six hundred sixty (46,660 s.f.) square feet of commercial office/warehouse uses. The Property is one of only three (3) nodes within the Quantum Park P.I.D. that is affected by the peripheral greenbelt on more than one property line. The requirement for a peripheral greenbelt along more than one property line, along with the added burden of being adjacent to a residential use on the north, provides a special condition that is peculiar to the Property within the PID. B. That Special Conditions And Circumstances Do Not Result From The Actions Of The Applicant For The Variance. The topography and placement of property is not a self-inflicted or self-created hardship. With the peripheral greenbelt on two (2) sides of the Property, it is subject to set backs of twenty-five (25') feet and forty (40') feet on t~vo (2) sides. These setback requirements limit building on the Property to a greater degree than other properties in the subdivision that are bounded located within the PID, or with only one property line subject to the peripheral greenbelt. This added buffering limits the amount of open space in which to provide the additional parking that will accommodate the expected demand due to the commercial use on the Property. The Court in Elwyn v. City of Miami, 113 So.2d 849 (Fla. App.1959) stated: The authorities seem uniform on the proposition that the difficulties or hardships relied on must be unique to the parcel involved in the application for the variance. They must be peculiar that particular property, and not general in character, since difficulties or hardships shared with others in the area go to the reasonableness of the zoning generally, and will not support a variance. The location and area of the buildings coupled with the existence of peripheral greenbelts on two (2) sides of the Property creating twenty-five (25') foot buffer on the western property line and a forty (40) foot buffer on the northern property line creates a FTL: 1054115: I b'ariance Justification Statement Itl re: Lot 3, Quantum Park at Boynton Beach P[D, Plat No. I .June 19. 2003 Page $ of 10 EXHIBIT "C" unique hardship. The building area and commercial office/warehouse use with expected high demand for parking coupled with the location of the Property in relation to the total Quantum Park P[D creates a unique hardship that justifies the granting of a variance. C. That Granting The Variance Requested Will Not Confer On The Aplvlicant Any Special Privilege That Is Denied By This Section To Other Lands, Structures Or Buildings In The Same Zoning District. The granting of the variance requesting a reduction in the peripheral greenbelt will not confer upon Petitioner any special privilege denied by the LDC. Petitioner is seeking to increase the number of parking spaces on the Property to accommodate the expended demand created by the commercial office/warehouse use. It was suggested by Lusia Galav of the Planning and Zoning Division of the City of Boynton Beach that the additional parking be placed between the two (2) buildings on the Property. However, the City's Engineering Division, in discussing the parking plan with the Petitioner, objected to the placement of parking between Building "A" and Building "B" on the Property. The only remaining available location for parking on the Property was along the western property line within the peripheral greenbelt. The placement of additional parking is not a special privilege denied by the LDC. The parameters of the Property, in conjunction with the required peripheral greenbelt limit the available open space for parking. Such a limitation results in the need for a variance to the peripheral greenbelt requirements to allow for the additional parking to be placed along the western portion of the Property. FTL:10541 t5:1 Variance Justification Statement In re: Lot 3. Quantum Park at Boynton Beach PID, Plat No. 1 June 19. 2003 Page 6 of I 0 EXHIBIT "C" D. That Literal Interpretations Of The Provisions Of The Ordinance Would Deprive The Applicant Of Rights Commonl. v Enjo. ved By Other properties In The Same Zoning District Under The Terms Of The Ordinance And Would Work Unnecessary And Undue Hardship On The Applicant. The literal interpretation of the LDC would deprive the Petitioner of rights commonly enjoyed by other Properties within the PID. The Petitioner attempted to provide, additional parking at the Property by way of placing parking between Buildings "A" and "B". However, the City's Engineering Division objected to the placement of the parking in that location. In order to accommodate the expected increased demand for parking, the Petitioner is seeking a variance to allow for the placement of parking within the peripheral greenbelt along the western boundary of the Property. The increase in parking serves to accommodate the expected demand of parking for the commercial office/~varehouse use on the Property. The Property's size, combined with the additional buffer requirements along the western and northern boundaries, limit the available space on the Property for additional parking. The combination of increased buffer yards and the objection to the placement of parking between Building "A" and Building "B" has resulted in an unnecessary and undue hardship on the Petitioner. E. That The Variance Granted Is The Minimum Variance That Will Make Possible Reasonable Use Of The Land, Structure Or Building. The reduction of the twenty-five (25) foot peripheral greenbelt along the western boundary of the Property in order to accommodate additional parking is the minimum variance that will make reasonable use of the land. Lot 3 of the Quantum Park at Boynton Beach PID, Plat No. 1, is located on the western edge of the Project. The Property is bounded on the west by the Regal Boynton 8 Cinemas and on the north by FTL:I054115:1 ~'ariance Justification Statement ~ ' In re: Lot 3, Quantum Park at Boynton Beach P[D, Plat No. 1 June 19. 2003 Page 7 of l 0 Lake Worth Drainage District L-21 Canal and the Dos Lagos residential subdivision. Due to its location on the western bounds of the Project, the peripheral greenbelt for the Quantum Park PID is located on the Property's western and northern boundaries. This peripheral greenbelt has resulted in additional buffer yard requirements on the Property that most of the properties within the PID are not burdened by. The Petitioner seeks to provide additional parking to that mandated by the LDC. The additional parking is required to satisfy and accommodate the expected increased demand due to the Property's development as a commercial office/warehouse.'~ The Petitioner initially, upon guidance from the City's Planning and Zoning Division, intended to place the additional parking between Building "A" and Building "B" on the Property. However, the Petitioner's discussion of the proposed additional parking with the City's Engineering Division resulted in their objection to said location. Parking is currently proposed along the perimeter of the Property, except for the western portion. Parking along portion is adjacent to the forty (40) foot peripheral greenbelt required to buffer the use from residential property. The only available location within the Property for additional parking ~vas along the western boundary. In order for the additional parking to be placed on the Property, a variance is required to allow the peripheral greenbelt to be reduced to accommodate the parking spaces. The Petitioner intends to provide sufficient landscaping along the remaining portio~ of the peripheral greenbelt to sufficiently screen the Property from the adjacent use. The reduction of the peripheral greenbelt along the western boundary is the minimum variance that will make possible the reasonable use of the Property due to the abutting parking area for the Regal Boynton 8 Cinemas to the EXHIBIT "e" FTL:lO54115:1 Variance justification Statement In re: Lot 3, Quantum Park at Boynton Beach PID, Plat No. 1 June 19, 2003 Page 8 of l O west of the Property. any negative impacts to the public welfare. The parking area for the two properties will be abutting, reducing F. That The Grant Of The Variance Will Be In Harmony With The General Intent And Purpose Of This Chapter And That Such Variance Will Not Be Injuriotts To The Area Involved Or Be Otherwise Detrimental To The Public Welfare Allowing the Petitioner to reduce the width of the peripheral greenbelt on the western property line will be in harmony with the general intent and purpose of this Chapter and such variance will not be injurious to the area involved. The Property abuts the Regal Boynton 8 Cinemas on the west. The parking area of the cinemas directly abuts the Property on the west. Petitioner intends to supply sufficient landscape buffering within the remaining peripheral greenbelt to adequately buffer the additional parking to be provided on the Property from the cinema parking. Because the properties' parking areas will abut each other after the granting of the variance, the effect of the variance will not be injurious to the area involved or otherwise be detrimental to the public welfare. The additional parking provided will not affect the residential properties to the north, nor will the additional parking provided have a negative impact on the adjacent commercial uses that fall outside the boundaries of the Quantum Park PID. III. CONCLUSION Petitioner's request for a variance from the peripheral greenbelt of the Quantum Park at Boynton Beach PED, is necessitated by the expected increased demand for parking on the Property. The Property is on the western edge of the PID and the peripheral greenbelt for the PIX) is located along two (2) of its boundaries. The increased setback requirements, coupled with the expected increased demand for parking on a FTL:lO541.15:1 I/ariance Justification Statement In re: Lot 3, Quantum Park at Boynton Beach PID, Plat No. 1 June 19, 2003 Page 9 of 10 commercial office/warehouse site, create a condition that necessitates the granting of a variance to allow for the reduction of the western peripheral greenbelt to accommodate additional parking. Petitioner's request meets the conditions enumerated by the LDC. The conditions and circumstances necessitating the variance are peculiar to the Property, the special conditions are not the result of actions on the part of the Petitioner, the granting of the variance will not confer any special privilege that is denied to other property owners, the literal interpretation of the LDC will deprive the Petitioner of rights commonly enjoyed by other owners, the variance granted is the minimum variance that will make possible the reasonable use of the Property, and the grant of the variance will be in harmony with the general intent and purpose of the LDC and that such a variance is not injurious to the area involved or detrimental to the public welfare. IV. CERTIFICATION We understand that this petition and all papers and plans submitted herewith become a part of the permanent records of the Planning and Zoning Division. We hereby certify that the above statements and any statements or showings in any papers or plans submitted herewith are true to the best of our knowledge and belief. not be accepted unless signed according to the instructions below. Date This petition will RESPECTFULLY SUBMITTED, Robert t~urrow, Authorized Principal EXHIBIT FTL:1054! 15:1 Variance Justification Statement In re: Lot 3, Q. uantum Park at Boynton Beach P[D, Plat No. 1 June 19, 2003 Page 10 of lO V. AUTHORIZATION OF AGENT RUDEN MCCLOSKY SMITH SCHUSTER & RUSSELL, P.A. EXHIBIT "C" $i~~a ~rize~ed~Agent (,,. /c). ~3 Date We hereby designate the above-referenced firm as our authorized agent in regard to this petition. BOCAR PROPERTIES, INC. Signature of Authorized Principal Da{e FTL:1054115:1 EXHIBIT "D" Conditions of Approval Project name: Quantum Park Lot 3 File number: ZNCV 03-008 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: ~ To be det~,-,fined. S:~lanning\Shared\Wp\Projects\Quantum Lot 3~ZNCV 03-008\COA.doc