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AGENDA DOCUMENTS CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office Meeting Dates in to City Clerk's Office 0 August 5, 2003 July 14,2003 (Noon.) 0 October 7, 2003 September 15,2003 (Noon) 0 August 19, 2003 August 4, 2003 (Noon) 0 October 21, 2003 October 6,2003 (Noon) ~ September 2, 2003 August 18,2003 (Noon) 0 November 5, 2003 October 20, 2003 (Noon) 0 September 16, 2003 September 2, 2003 (Noon) 0 November 18,2003 November 3, 2003 (Noon) 0 Administrative 0 Legal NATURE OF 0 Announcement 0 New Business AGENDA ITEM 0 City Manager's Report 0 Presentation ~ Consent Agenda 0 Public Hearing 0 Code compliance/Legal Settlements 0 Unfinished Business RECOMMENDATION: Please place this request on the September 2,2003 City Commission Agenda under Consent Agenda. The Planning and Development Board with a 6 to 1 vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-203. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: East Coast Mechanical (ZNCV 03-007) Chris Hair, Anderson Architecture, Inc. East Coast Mechanical 1500 High Ridge Road Request for relief from Chapter 2, Zoning Section 8.A.6., requiring a minimum front yard setback of IS feet for a warehouse building within the M-I zoning district, to allow for a variance of II feet, and a front yard setback of 4 feet. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A City Manager's Signature ~{J~ Planning and Zomng 1 ector City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\East Coast Mechanical (aka Curt G Joa)\ZNCY 03-007\Agenda Item Request East Coast Mech. ZNCY 03-007 9-2- 03.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-203 STAFF REPORT TO: Chairman and Members Planning and Development Board and City Commission ~'-- Michael W. Rumpf \f\' Director of Planning and Zoning THRU: FROM: Maxime Ducoste-A. Planner r\1f- DATE: August 19,2003 PROJECT NAME/NO: East Coast Mechanical Variance/ ZNCV 03-07 REQUEST: Relief from Chapter 2, Zoning Section 8.A.6.( requiring a minimum front yard setback of 15 feet for a warehouse building within the M-l zoning district, to allow for a variance of 11 feet, and a front yard setback of 4 feet. PROJECT DESCRIPTION Property Owner: East Coast Mechanical ApplicanUAgent: Chris Hair Location: 1500 High Ridge Road Boynton Beach, FL Existing Land Use/Zoning: Industrial/ M-1 Proposed Land Use/Zoning: N/A Proposed Use: Industrial Acreage: 2.93 acres (126,763 square feet) Adjacent Uses: (see Exhibit "A" - Location Map) North: Developed property designated Industrial (I) and zoned PID (Industrial); South: Right-of-way for the Boynton C-16 Canal then the Boynton Industrial Park North designated Industrial (I) and zoned Industrial (M-1); East: Rights-of-way for the Seaboard Coastline Railroad (CSX) and Interstate 95, and farther east developed property designated Public and Private Governmental / Institutional (PPGI) and zoned Public Usage (PU); and West: High Ridge Road right-of-way, and farther west, a Florida Power and Light transformer yard designated Office-Industrial (01) and zoned PID. Staff Report Memorandum No PZ-03-203 Page 2 BACKGROUND The subject property, owned by East Coast Mechanical is located at 1500 High Ridge Road. The surrounding neighborhood is developed mostly with industrial uses. The subject parcel was developed over the years in different construction phases. According to County records, the structure subject of this variance request, located along the west property line, was the first structure to be constructed in 1962. The applicant is proposing to replace the 13,472 square foot old metal structure with a new building similar in size and at the original setback of four (4) feet from the front property line, which is non-conforming by current regulations (see Exhibit "B"-Site Plan). Normally, existing structures with non-conforming setbacks, can be expanded along that same building line without increasing the nonconformity. Since the old structure will be razed and replaced with new construction, the right to maintain the existing non-conforming front yard setback will be lost. Construction of the new building at four (4) feet from the front property line requires the subject variance. Therefore, the applicant is requesting relief from the above-referenced Land Development Regulations, which requires a fifteen (15) foot front yard setback. ANAL YSIS 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. Trial 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 granting 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 V\€lfare. Staff conducted the analysis focusing on the applicant's response to the above criteria contained in Exhibit "C", which require that the request is initiated by special conditions and circumstances that are peculiar to the subject land, structure, or building, which are not the result of the actions of the applicant, and that granting of the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. In 1975, the City adopted new zoning regulations which caused many parcels to become legal non- conforming, including the subject parcel. The subject request has been initiated in preparation for the reconstruction of an industrial warehouse within this industrial district. Therefore, the applicant's desire to rebuild in the exact footprint of the original building rather than conform to present-day code, has generated the circumstances. The subject property has been improved with a warehouse, and occupied since 1962. Understanding that the applicant has the ability to reconstruct at the appropriate setback line, criteria items Staff Report Memorandum No PZ-03-203 Page 3 "a", "c" and "e" are not met. Further, since the necessity or the variance has been caused by the proposed reconstruction, condition "b" above is also not satisfied. The overall objective of the Land Development Regulations is to insure the welfare and safety of the public by providing regulations and standards in which to achieve consistent equitable developments. The proposed building wall will setback approximately eleven (11) feet from the edge of the sidewalk, which represents a small distance. When a project falls below the minimum standards set forth by the code, the code has established provisions to bring these inconsistent projects into compliance. Accordingly, Chapter 2, Zoning Section 11.1. F. states: F. RECONSTRUCTION OR REMOVAL. If any structure is destroyed to such an extent that the cost of rebuilding, repair, and reconstruction will exceed (70) percent of its current assessed valuation determined by the Palm Beach County Property Appraiser, or for any reason is moved any distance, it shall not again be used or reconstructed except in conformity with the provisions of these zoning regulations. CONCLUSIONS/RECOMMENDA TION Based on a strict interpretation ofthe variance criteria, Staff recommends that the request for relief from Chapter 2, Zoning Section 8.A.6., requiring a minimum front yard setback of 15 feet for a warehouse building within the M-l zoning district, to allow for a variance of 11 feet, and a front yard setback of 4 feet be denied, due to the lack of hardship, and due to the circumstance being created by the actions of the applicant. Staff should indicate that past variance requests have been reviewed by the city using more than the "traditional" criteria, or interpretations of this criteria placing greater emphasis on other associated characteristics. Should the Board or Commission desire to approve this request, the following factors should be considered before rendering a final decision: 1. The variance request is for reconstruction of an old metal s:ructure; 2. The uniqueness of property location, which sits at the end of a cul-de-sac and abuts the C-16 Canal to the south; 3. The immediate parcel to the west is developed as an FP&L transformer yard, which is unlikely to be utilized for other purposes, which would be subject to a front setback immediately opposite the subject property; 4. The proposed variance would not increase any noticeable deviation from the existing non- conforming front yard setback encroachment by the existing main structure; 5. Staff has not received any objections from adjacent property owners regarding the subject variance request including those immediately to the west of the pro~rty. No conditions of approval are recommended; however, any conditions of approval added by the Planning and Development Board or the City Commission will be placed in the Exhibit "D" - Conditions of Approval. MWR/MD S:IPlannlngISHAREDlWP\PROJECTS\East Coast Mechanlcal\ ZNCV 03-007\STAFF REP.doc Location Map East Coast Mechanical ZNCV 03-007 EXHIBIT "A" PIO 0-- Ct:: ________ /5 "- i 0 , i~ ;' 1:2 ~ (9 I .~--------------- -----------.j ~ ! I i I ~<<- PARK RI8GE-Bl:V8~ / a:: o <( :~f- ~ '1 '~J (I ') ~i I ! I L , ! tj0Yf\lTa~~f6 ~ " 1'111' lill i": HI ,~! 1',\\ ,jL >-__-,-- '__\ _______, NwE! I, ;; qi~I!~, ! iiil~!1 :-HII~i I ii c--li:=i_L_Ji~ ',QiW\tidiLJ i~~i\ ~ M1 ---~-'.-D -1-Ac--,: ...--S-I ~ a- I _~J I~!:I I~~J' ~-== ! l----"----i 1 ! C 1 I~'il I~I ii': 'r~i'- (J'l i 'III~I i'I~li~, ' z.--l r 1 I' H I~II I ~ ' ~ ;0 :- ~IH\[lJ\, i &-t-ri~~ I ,_----'--JI! ,\ ~l r--i ~ I I 1-1 ~ ..', !:----' ~ '=J\ I,_~~~ L 'i-L-- m ~'-__i.-~ii~l\ ,-\1 I .. "'W, ' ! I, 4, ~-I,\, ' ;'\'--i ~ ---",11 l~. !0,L-j !)~I I~'I __II I iil iTiTiiili'iti\ \ J\: ~ : i ~/ ~ /-. ' ~/ ~, --:~/;'Oi/.___" .. , ~'//< ',/' '____'i 1- ,\\--_....~:' '/' /.../------j,~ 'I i~----'\ 'e-'_/"';~'-;\:'/'/ I !! r~ti~;/'/ ~: !~...-J ________, ~.~ /' ~-~~ i: :1',' '~' ------'\'1 i ~ ii, ;~ I '-----< ' , 1- ;----------' i I I 'i I': i.-:----!I ~! ~~ ~ i r ~i'.-:~!I~, II-II :, i~.~i ~: , __ _____~~I r--- ~ __L~. _____ :: ___------:~ P U,' .-:'-----'----'----, -:"-(i'I:' I ~~,-I' ,[ , I, "I '~", i ; " !I 'i I! i 'j ! ! I, Iii [I:: ' I I -----,~.LLNW::1::3-.I.,tJ.iA'v'E I " " ,/\~!~ i i , :: : I I I :, I Ii : iii, ! ~i: I II Ii !:\ i 1 : I i I ~ .: I ! : : I : ~ , : I i I i ::\:i ! i! I 'ill: I \ ! i i I ! Iii i !il \ i i ! I ! \ i ! 11[1 l!ill~mM~EI i i ! !! i 1 ! i : I : , \ ~ , ! ! r- i"" Iii " ! I ! ! , I \ i~ , I I ' w~, !J ~ -0 :IJ o -0 o (f) m o CD C I o z GJ II: i ~ EXHIBIT "B" :::J o 'J m :0 -1 -< r- Z m ~ I~ ~ J ! I . I ~ EXHI IT "B" i ! , ~~:~~2:~~~~: ~ ;C~~;"Q "'6;:,:~2;g B ~~~: ~ ~ i~~:'~:O:~~~~' ~~~ ~ ' .~.g~~z2'.~~~'~ 1 ~2~~:,:,~jo~ ~~~ <:>,,:r....2~;'::::..3>::l ....~~ ~~:~~~~~~~~~ ~i: ~~;~S!~~~~~ ~~i ~~~1~~~~~;~~ 1~~ 5:~~i'~~~~~ ~~~ ~:~~~~~~~3i ~~; ::'J-'ii'l?"",--~;a:.... ,~'"'':> ~~~ii~~~~i~ I~~ , ~ ~, ,..,Q '~ .' ~ --\~~.~:-" "~ _, _, C'.':~"~n y-----' . _ , _ fJfl.GH .RIDgE ROAD /1- .." ,- ~/ ,\ ~! t~ <... ,'~ " '" '-0 ~~4r;,,--- j'! ~I: j~ !:i ;Hi !i1 !{.l It ,ill ..~ ~ll'; " " ~" III ~~ !.;I .~""'O iHi' , 11' l' j,' ; iii ~ ;: "tJ a "1 OJ a ~ a ::.. '" -( co ~ M -( -, g ~~~ ~ ';; ~ - ~ ~ ~.~g ~ . : : ~ :' ~ ~ ~~~ ~ ~ ~ ~ ~ ~ ~ <) ~~~ i ~ ;; ~ ; :,~~ ~ ~ ~ ~ ~ ~ .~~ i ~ ~~ g --- ~~L: R"" _~Ro - --~..o_ ~~,7 ,. ".-.- EXHIBIT "e" '" ..1 ':,,1 {~ ,H -..,1 .: ~ architecture, inc. 06.18.03 City of Boynton Beach Planning & Zoning Division 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33425 Re: East Coast Mechanical Variance Request Statement of special conditions. A. The Request is for the removal of the metal building portion of the existing building, and subsequent construction of a new 1-story masonry building in its same footprint. The existing concrete floor slab will remain. The existing subject building is currently in non-conformance of the current setback requirements for its zoning classification (M-1). The special condition particular to this site is in the location of the setback violation. It occurs at the corner of a dead end street (where the neighbor directly to the West is an FPL transformer yard) , and the C-16 Canal directly abuts the South end of the property. B. The building is existing and may have been built in accordance with the setbacks and requirements at the time of original construction. Therefore special conditions and circumstances do not result from the actions of the applicant. C. No special privilege shall be conferred to the applicant that is denied by this Ordinance to other lands, buildings or structures in the same zoning district. D. The intent of this section is to create the appearance of a low-density development. Because there are no neighbors directly adjacent to the proposed building in violation, the non-conformity is minimized. E. The variance requested is to reconstruct only what now exists - no expansion of the building is part of this request. 399 W. CAMINO GARDENS BLVD. . SUITE 202 . BOCA RATON, FLORIDA 33432. V: 561,362.0220 . F: 561.362.0224 . 'NWW.andersonarchitecture.com AA COO1997 EXHIBIT "e" F. Granting of this variance is not detrimental to the area; rather this variance request will permit the Owner to construct a more substantial building (masonry versus metal), more in keeping with the new buildings recently built in this subdivision. Additionally the existing metal building is in a state of disrepair and in need of remodeling, both aesthetically and structurally. Thank you in advance for your consideration of this request. Sincerely, (' ~ ~ ,~ '--- Chris Hair cc: Jose Ramirez, ECM EXHIBIT "D" Conditions of Approval Project name: East Coast Mechanical File number: ZNCY 03-007 Reference: DEP ARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: None X Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\Shared\Wp\Projecls\East Coast Mechanical\ZNCV 03-007\COA.doc DEVELOPM.. .T ORDER OF THE CITY COMMI~ "'ION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: East Coast Mechanical APPLICANT'S AGENT: Chris Hair - Anderson Architecture, Inc. APPLICANT'S ADDRESS: 399 W. Camino Gardens Blvd. Suite 202, Boca Raton, FL 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 2,2003 TYPE OF RELIEF SOUGHT: Relief from Chapter 2, Zoning Section B.A.5., requiring a minimum front yard setback of 15 feet for a warehouse building within the M-1 zoning district, to allow for a variance of 11 feet, and a front yard setback of 4 feet. LOCATION OF PROPERTY: 1500 High Ridge Road 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. 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: J:ISHRDA T AIPlanninglSHAREDlWPIFORMSIBlanks forms folderlDevelop.Order Form-200 1-Revised.doc City Clerk CITY OF BOYNTON BEACH AGENDA ITEM COVER SHEET AND CHECKLIST This completed cover sheet must accompany all agenda item requests. Please place check marks in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit original agenda request (with back up) and one CODY of agenda request (with back UD) to the City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or late items will be returned to originating department. Requested City Commission Meeting Dates DAu ust 5, 2003 DAu ust 19, 2003 r:sISe tember 2 2003 DSe tember 16, 2003 DOctober 7, 2003 DOctober 21, 2003 DNovember 5, 2003 DNovember 18, 2003 Deadline for Submittal to City P & D/CRA Requests Deadline Clerk's Office Departments are responsible for securing the following si natures on attached A enda Re uest Form: De artment Head 0 Wilfred Hawkins for de artments under Administrative Services 0 Finance De artment for items that involve ex enditure of funds 0 All back u material is attached r:sI All exhibits are attached & marked e. ., Exhibit "A' r:sI ~G- Department Head's initials: \\ East Coast Mechanical (ZNCV 03-007) Please do not write in the shaded area below. Legal Department signature 0 City Manager's signature o ITEM RETURNED FOR THE FOLLOWING REASON(S): Signature(s) missing 0 Incomplete submittal 0 Missed deadline 0 Other 0 Reason: Person contacted to pick up rejected request by bg - 7/19/02 S:\Planning\Planning Templates\Agenda Item Cover CHECKLIST Aug S-Nov 18, 2003.doc on (Date) DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 03-180 ~,,-G-' \'-1~ 10') 0.'-1... ",>\ \i.-0'- 0 , " (,,,f' C~u TO: Janet Prainito City Clerk f"j LvC Michael W. Rumpf Director of Planning and Zoning ~--;) FROM: DA TE: July 24, 2003 SUBJECT: East Coast Mechanical Front yard Setback variance ZNCV 03-007 Accompanying this memorandum you will find an application and supporting documentation for the above-referenced case. A check in the amount of $400.00 for the variance to cover the review and processing of this application has been forwarded to the Finance Department. The legal advertisement for this request will be forwarded to your office after review by the City Attorney. The requested variance is scheduled for the August 26, 2003 Planning and Development Board meeting, and the September 2, 2003 City Commission meeting. Please advertise in the newspaper and send notice to property owners accordingly. S:\Planning\SHARED\WP\PROJECTS\East Coast Mechanical Variance\Legal notice.doc REQUEST FOR PUBLISHING LEGAL I\_ .t fCES AND/OR LEGAL ADVER1. .:.l\1ENTS 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: Planning and Zoning Division PREPARED BY: Michael Rumpf DATE PREPARED: July 24,2003 BRIEF DESCRIPTION OF NOTICE OR AD: Zoning Code Variance to allow the construction of a warehouse building to be built with a front yard setback of 4 feet in lieu of the I5-foot front yard setback required for a warehouse building in a M-I zoning district. Planning and Development Board meeting to be held on August 26, 2003 at 6:30 p.m. at the Commission Chambers, City HalL 100 E. Bovnton Beach Blvd.. Bovnton Beach Florida. SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Border, etc.) STANDARD LEGAL AD SEND COPIES OF AD TO: All property owners (postmarked August 1 L 2003) within 400-foot radius of the subiect property. al'plicant and Director of Planning and Zoning. NEWSP APER(S) TO PUBUSH: The Post PUBUSHED: August 1 L 2003 LAST DAY TO FAX TO THE PAPER BY 3:00 P.M.: August 8, 2003 APPROVED BY: 7 -J f""-v ~ (Date) ~(6loi, COate) RECEIVED BY CITY CLERK: COMPLETED: ~OTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the following application has 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: East Coast Mechanical Request: Relief from Chapter 2, Zoning Section 8.A.6., requmng a minimum front yard setback of 15 feet for a warehouse building within the M-l zoning district, to allow for a variance of 11 feet, and a front yard setback of 4 feet. Location: 1500 High Ridge Road Legal: A parcel of land in Section 21, Township 45 South, Range 43 East; Palm Beach County, Florida. Complete Legal description is on file in the Planning and Zoning Division. A PUBLIC HEARING BEFORE THE PLANNING AND DEVELOPMENT BOARD WILL BE HELD RELATIVE TO THE ABOVE APPLICATION AT THE COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD., BOYNTON BEACH, FLORIDA, ON TUESDAY, AUGUST 26,2003, AT 6:30 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 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. The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Patricia Tucker (561) 742- 6268, at least twenty-four (24) hours prior to the program or activity in order (or the City to reasonably accommodate your request. PUBUSH: THE POST August 11, 2003 CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561) 742-6260