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AGENDA DOCUMENTS Requested City Commission Meeting Dates ~ July 18, 2000 0 August I 2000 0 August 15 2000 0 September 6, 2000 NATURE OF AGENDA ITEM CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office July 6, 2000 (5'00 p.m.) o September 19 2000 o October 4 2000 o October 17 2000 o November 8, 2000 October 18,2000 (5'00 p.m.) September 7 2000 (5'00 p.m.) July 19 2000 (5'00 p.m.) September 20,2000 (5'00 p.m.) August 2,2000 (5:00 p.m.) October 5 2000 (5'00 p.m.) August 16,2000 (5'00 p.m.) o Administrative o Consent Agenda ~ Public Hearing o Bids o Announcement o Development Plans o New Business o Legal o Unfmished Business o Presentation RECOMMENDATION Please place this request on the July 18, 2000 City Commission agenda under Public Hearing. The Planning and Development Board, with a unanimous vote recommended approval due to the positive physical improvement the structures would represent along the US 1 corridor (there are no conditions recommended by staff nor the Planning and Development Board). For further details pertaining to this request see attached Department of Development Memorandum No PZ 00-198 EXPLANATION PROJECT NAME. AGENT OWNER. LOCATION DESCRIPTION EXPLANATION N/A AL TMAN/BA Y VISTA (Front yard setback) Kilday & Associates, Inc. Altman Development Corporation (Contract Purchaser) On the eastern terminus of S.E. 23'd A venue on the east side of US 1 Request a variance from Chapter 2-Zoning, Section 5 G.I.(2) requesting relief from the 40 foot setback requirement in R-3 zoning to allow four (4) shade pavilions to encroach into the setback by 32 feet or eight (8) feet from the front property line. PROGRAM IMPACT NM FISCAL IMPACT N/A ALTERNATIVES. N/A Director of Development City Manager's Signature , ,., GI~~ A-;a.v Director of Planning an rm k.[. f!u,t- tPF oning City Attorney I Finance / Human Resources 1:\SHRDA T AIPLANNINGlSHAREDlWPlPROlECTSIAL TMAN BA Y VISTA ZONING CODE FRONT YARD SETBACK\CC 7-18-00 AGENDA REQUEST. DOT 7.A.1 ALTMAN IBA Y VISTA ZONING CODE VARIANCE FRONT YARD SETBACK Meeting Date File No Location Applicant: Project Name Variance Request: PLANNING AND ZONING DIVISION MEMORANDUM PZ 00-198 STAFF REPORT PLANNING AND DEVELOPMENT BOARD July 11, 2000 ZNCV 00-007 East of the intersection of South Federal Highway and SE 23rd Avenue Chris Kerr/Kilday and Associates Altman Bay Vista Request a variance from Chapter 2-Zoning, Section 5 G.2 a requesting relief from the 40 foot setback requirement in R-3 zoning to allow four (4) shade pavilions to encroach into the setback by 32 feet or eight (8) feet from the front property line BACKGROUND The subject project, Bay Vista, is a 286-unit, multi-family luxury rental community to be located at the intersection of Federal Highway and SE 23rd Avenue (see Exhibit "A" - Location Map) The property extends along the east side of Federal Highway for approximately 840 feet with the sole project entrance aligned with the signalized intersection of Federal Highway and SE 23rd Avenue In addition to extensive landscaping, the entrance features include fountains, identification signage and decorative walls on each side of the entranceway Elements designed as integral parts of the entrance features are six (6) shade pavilions with decorative planters and bench seating Two of the pavilions are located outside the front yard setback and within the buildable area of the project. Four (4) of the shelters, however, are located adjacent to the sidewalk along Federal Highway at a distance of eight (8) feet inside the property line (see Exhibit "B"-Entrance Elevation and Plan) The applicant is requesting this variance to permit the pavilions to encroach into the front yard setback a distance of thirty-two (32) feet. Chapter 2, Section 4 J 7 specifically allows arbors and trellises to be built within the front yard setback to a maximum height of ten (10) feet provided they are set back at least three (3) feet from the property line However, the proposed shade structures have tile roofs as opposed to having a trellis or lattice overhead Page 2 ZNCV 00-007 Additionally, the placement of bus shelters is allowed at designated bus stops throughout the City under a contract with a shelter provider These shelters are within the rights-of-way along the bus routes or on adjacent private property There are, however, no designated bus stops along the subject property's frontage on Federal Highway The approved design for bus shelters has a standing-seam metal roof at a total height of approximately nine and one-half (9 5) feet and includes areas for advertising signs ANALYSIS The code states that the zoning code variance cannot be approved unless the board finds the following 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 the special conditions and circumstances do not result from the actions of the applicant. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. d That literal interpretation of the provisions of this 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 the reasonable use of the land, building, or structure f That the grant of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare (Exhibit "C"-Application contains the applicant's response to the above criteria) Based on the analysis herein and staff research, staff concludes the following 1 The subject variance request is not supported by traditional hardship criteria, 2 The subject request will allow the creation of an entrance feature for the project that will provide a strong design identity at a scale in keeping with the overall development; LOCA "nON MAP ALTN\AN/6~ ;Y'~i ~<-::..; f ' 11 (.... -:.: ~ ., mf ...:.: 1\ 8"'-- -:=.j ::: t1' t-=c ,- - -;:;-Z " -\,~\T_ ] . -"'.- ~~ ~j-~ ~/ .-1 ' ...., \:- --!i .1 .n\e;:. 41Il...,--~ J' '-~-.:~ - '.'3:::: - _,.a :j' ", (~., ..L ) >- ~ ~~~~ \..,...." .----r. · :J _ .:. \ ..-/ , '\. \ \ ~ _1 -~ \ - :::-J ~. _ ' tl-'-'. \.--'-, ~ -::;.r. ---cJ - . .....-', 'u.J -'! -1' '~-( , ! ~; -I c, ~ .. _ i ~ \~j:t3~J ___I --," ~ :~-:-1\~~ o __ ': OJ ,''''- .~'- -'-1 \ _ ._1"'-' t"\': ..,. .....:- \ 1 ' ~ ""," .., ' :- \ ""',""'" \...\ '\ I \ \\ plJ \i I ~ c;-3 \ \ r: \~ \ i----- ,- ~~ l ~r- r l --11 ~ - ~~ - .. ..-J~-'I----; - -, -' .- __ ~ ::::;;----,1 I' - " \ -'-I ~-~. 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Fax (561) 689-2592 www.kildayinc.com EXHIBIT C JUSTIFICATION STATEMENT FOR BAY VISTA JUNE 5, 2000 The apphcant IS requestIng vanance rehef from three (3) CIty of Boynton Beach Land Development RegulatIons The property IS undergoIng TRC sIte plan approval for a 286- umt multi-famIly luxury rental commumty The exact vanance requests are as follows 1 Ch. 2, Sect 4. J.l Fences, hedges and walls shall not exceed SlX (6) feet m he1ght, above finished grade, m res1dentIal zones except that from the budding line to the front [me the max1mum heIght shall be four (4) feet The Bay Vista SIte plan Includes a decorative wall along Its US 1 frontage P~rtIOns of that wall are eight (8) feet In height. ThIS request IS for a vanance of four (4) feet from the Code requIrement. 2 Ch. 2, Sect. 5. G. 1.(2). For multlple-famdv dwellings rooming and boarding houses and community residential homes minimum front yard setback 1S 40 feet The Bay Vista sIte plan Includes several shade pavIlIOn structures that are proposed wIthIn the front setback. These structures are setback eight feet from the front property hne The other structures on SIte are eIther outsIde the reqUIred setback hne or pemutted to encroach Into the setback. ThIS vanance request IS to pemut these pavIlIons to encroach mto the front setback. 3 Ch. 2. Sect. 11. H. 16E. (12).. Off-Street parkzng requirements. Condomznium and houszng development recreation buildings The number of off-street parkmg spaces reqUIred by Code for the Bay Vista clubhouse facIlity IS 36 spaces The SIte plan Includes a total of mne (9) spaces for the exclusIve use of the clubhouse. The request IS for a vanance of 27 spaces. JusuficatIOn for each vanance hsted above IS gIven below The vanances are referenced as Variance #1, Vanance #2, and Vanance #3 Application Item 5 Statement of special conditions, hardships or reasons justifying the requested exception or variance. Respond to the six (6) questions below (A-F) A. That special conditzons and circumstances exist WlllCh are peculiar to the land, structure or building involved and wh1ch are not appllcable to other lands, structures or buildings zn the same zonl11g distnct SpecIal conditIOns and CIrcumstances do eXIst whIch are pecuhar to the land Involved and WhICh are not apphcable to other lands ThiS site IS generally square wIth a 3 5 acre The eXistIng mangrove and the newly desIgned Improvements along US 1 are not the result of the applIcant, but these vanances are requested to ensure both are preserved and enhanced. C That grantmg of the varzances requested would not confer on the applzcant any special przvllege that lS denied by this ordmance to other lands, bUlldings, or structures m the same zoning district The grantIng of thIS vanance will not confer on the applIcant any speCIal pnvIlege that IS demed to other properties In the same zonIng dlstnct. Vanance #3 IS reqUired because other properties can benefit from SectIon 11.H.12 whIch grants condomInIUms and hOUSIng developments WIth recreatIOnal bUIldIngs the abIlIty to reduce the overall parkIng reqUIrements for the development. The mangrove that IS beIng preserved by the applIcant precludes hIm from enJoYIng thIS benefit. Rather than confemng a speCIal privIlege, thIS Will allow the applicant the same pnvlleges as other developers Vanances #1 and #2 are necessary because of the recent upgrades that the CIty has undertaken along thIS stretch of the US 1 comdor Other eXIstIng developments In thIS area along thIS corndor have benefited from these Improvements, but have not had to Incur the expenses that the applIcant WIll Future developers on thIS corndor wIll have to meet the same hIgh standards beIng establIshed by thIS property D That literal interpretation of the provislons of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zomng dlstrzct under the tenns of the ordinance and would work unnecessary and undue hardship on the applicant. LIteral Interpretation of the prOVISIons of the Land Development RegulatIons would depnve the applIcant nghts enjoyed by other propertIes In the same zomng distnct because thIS SIte must compensate for the peculIar CIrcumstances of the SIte If the prOVISIOn of Vanance #3 were to be Interpreted literally, the clubhouse would have to proVide over 35 addItIOnal parkIng spaces above what IS necessary ThIS IS not deSIrable to the CIty, neIghborhood, or the developer As descnbed In Item 'A', the mangrove to be preserved on site prevents the applIcant from takIng advantage of parkIng reductIons perrrutted In the Land Development RegulatIons that other propertIes can enJoy LIteral InterpretatIOn of the requirements of Vanance #2 would prevent the applIcant from bus shelters adjacent to the SIdewalks. Denial of Variance #1 wIll prevent the applIcant from proVidIng a grand entrance that IS compatIble WIth the renovatIons made to US 1 by the City The umque charactenstlcs of thIS SIte and Its proxlITuty on US 1 have created a SItuatIon whereby the applicant is beIng depnved of nghts commonly enjoyed by other properties. E. That the varzance granted lS the mimmum variance that wlll make posslble the reasonable use of the land, building or structure These vanances wIll make possIble the reasonable use of the land. Waterfront property In the CIty of Boynton Beach IS very scarce. In addItIOn, the applIcant IS assemblIng SIX separate parcels to be developed as one. The mdIvIdual parcels are not of a SIze that would make multI-famIly development feasIble These factors have resulted 10 an very tight market for SImIlar propertIes, Increasmg the pnce of the land SIgnIficantly In order to make ItS development financially feaSible, the property must be developed as a high qualIty, hIgh rent communIty The amenItIes that Vanances #1 and #2 will pemut are necessary to create a hIgh-end communIty Vanance #3 is the rrunImum amount pOSSIble to adequately park the clubhouse faCIlIty F That the grantzng of the varzance will be zn harmony wzrh the general zntent and purpose of thls chapter and that such variance wlll not be znJurzous to the area involved or otherwlse detrzmental to the public welfare. These vanances are conSIstent with the mtent and purposes of thIS chapter Vanance #1 and #2 wIll result 10 the cont1OuatIOn of the upgrades that the CIty has mItIated on US 1 10 thIS area. Variance #2 10 partIcular WIll penrut the constructIOn of pedestnan paVIlIons along the SIdewalk that can be used by the publIc at large Vanance #3 wIll help to preserve the mangrove wetland on SIte WIthout overpark1Og the clubhouse faCIlIty Rather than be a detnment to the general publIc, these vanances WIll be a benefit the pubhc by creat10g an enhanced entryway along the very VISIble US 1 comdor, estabhshmg seatmg areas aVaIlable to the publIc on US 1 10 pedestnan paVIlIons, and by not creatmg unnecessary ImpervIOUS paved parkIng areas on the subject property EXHIBIT "D" CondItIOns of Approval Project name: Altman Bay Vista (Front Yard Setback) File number ZNCV 00-007 Reference AoolicatlOn submitted June 5 2000 . DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments. NONE UTILITIES Comments. NONE FIRE Comments NONE POLICE Comments. NONE ENGINEERING DIVISION Comments. NONE BUILDING DIVISION Comments. NONE PARKS AND RECREATION Comments NONE FORESTER/ENVIRONMENTALIST Comments. NONE PLANNING AND ZONING Comments. NONE ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1 NONE. ADDITIONAL CITY COMMISSION CONDITIONS 2. To be detemuned. 1:\SHRDA T AIPlanning\SHAREDlWPIPROlECTSlAltman Bay Vista Zonins Code front yard setback\COND OF APPROVAL-waIL height doc OEVELOPM""" ~OER OF THE CITY COMMIS~--N ': THE l, . Y OF BOYNTON BEACH, FLORID"" PROJECT NAME. Altman Bay Vista (ZNCV) APPLICANT'S AGENT Chris Kerr, Kilday and Associates, Inc. ,It:; APPLICANT'S ADDRESS 2201 Corporate Blvd NW #200, Boca Raton, Florida 33421 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION July 18, 2000 TYPE OF RELIEF SOUGHT Request a variance from Chapter 2-Zoning, Section 5 G.2.a requesting relief from the 40 foot setback requirement in R-3 zoning to allow four (4) shade pavilions to encroach into the setback by 32 feet or eight (8) feet from the front property line. LOCATION OF PROPERTY South Federal Highway northeast of the intersection with SE 23rd Ave. DRAWING(S) SEE EXHIBIT "B" ATTACHED HERETO THIS MA TIER 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 MA TIER 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. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested 3 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" 4 The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof DENIED 5 This Order shall take effect immediately upon issuance by the City Clerk. 6 All further development on the property shall be made in accordance with the terms and conditions of this order 7 Other DATED' City Clerk J:\SHRDATA\Planning\SHARED\WP\PROJECTS\Altman Bay Vista Zoning code wall height\CC 6-20-00 Develop Order.doc - REQUEST FOR PUBLISHING LEGAL NL iCES AND/OR LEGAL ADVERTI~_.v1ENTS A completed copy of this routing slip must accompany any request to have a Legal Notice or Legal Advertisement published and must be submitted to the Office of the City Attorney two (2) working days prior to the first publishing date requested below ORIGINATOR. Planninq and Zoninq PREPARED BY Michael Rumpf DATE PREPARED June 15, 2000 BRIEF DESCRIPTION OF NOTICE OR AD Zonina Code Variances for Altman Bay Vista for wall heiaht. front yard setback and off street parkinQ. Planninq and Development Board meeting to be held on July 11, 2000, City Commission meetinq to be held on July 18, 2000, both at 7.00 p.m. at 100 Boynton Beach Blvd. Boynton Beach Florida. SPECIAL INSTRUCTIONS AND REQUIREMENTS (Size of Headline, Type Size, Section Placement, Black Boarder, etc.) Standard legal Ad SEND COPIES OF AD TO All property owners (postmarked June 26, 2000) within 400 foot radius of the subiect property, applicant and Director of Planninq and ZoninQ. NEWSPAPER(S) TO PUBLISH PUBLISHED The Post June 26, 2000 APPROVED BY J?! (J/lLu (Originator) ~ )..ilkf KuJArt= i/ (Date) (2) (City Attorney) (Date) RECEIVED BY CITY CLERK. COMPLETED J:\SHRDATAIPLANNING\SHARED\WPIPROJECTSIAL TMAN BAY VISTA ZONING CODE WALL HEIGHnLEGAL NOTICE.DOC -- NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the following applications have been made to the PLANNING AND DEVELOPMENT BOARD of the CITY OF BOYNTON BEACH, FLORIDA, for a hearing as indicated, under and pursuant to the provisions of the zoning code of said City' Owner' Altman Development Corporation (Contract Purchaser) Request: Relief from Chapter 2-Zoning, Section 4 J 1 requesting a maximum front yard wall height of eight (8) feet which is a four (4) foot variance from the four (4) foot maximum height allowed Request: Relief from Chapter 2-Zoning, Section 5 G 1 (2) requesting an encroachment into the 40-foot required front yard setback for shade pavilions which are part of the project entrance feature Request: Relief from Chapter 2-Zoning, Section 11, H 16E, (12) requesting a parking variance to reduce the required number of off street parking spaces from 27 to (9) for the project recreation facilities Location On the eastern terminus of S E. 23rd Ave on the east side of Us 1 Legal Complete legal description on file in the Planning and Zoning Division, 100 East Boynton Beach Boulevard, Boynton Beach, Florida PUBLIC HEARING TO CONSIDER THE REQUESTS ARE SCHEDULED BEFORE THE PLANNING AND DEVELOPMENT BOARD AND THE CITY COMMISSION AT CITY HALL COMMISSION CHAMBERS, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH ON JULY 11, 2000 AND JULY 18, 2000 RESPECTIVELY, AT 7 00 P M. All interested parties are notified to appear at said hearings in person or by attorney and be heard or file any written comments prior to the hearing date Any person who decides to appeal any decision of the Planning and Development Board and City Commission with respect to any matter considered at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561) 742-6260 PUBLISH THE POST June 26, 2000