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AGENDA DOCUMENTS Requested City Commission Meeting Dates o November 20,2001 o December 4, 200 I o December 18,2001 o January 2, 2002 NATURE OF AGENDA ITEM CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to Citv Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to Citv Clerk's Office November 7,2001 (5:00 p.m.) 0 January 15,2002 November 21,2001 (5:00 p.m.) 0 February 5, 2002 December 5,2001 (5:00 p.m.) IZJ February 19,2002 December 19, 2001 (5:00 p.m.) 0 March 5, 2002 January 3, 2002 (5:00 p.m.) January 16, 2002 (5:00 p.m.) February 6, 2002 (5:00 p.m.) February 20, 2002 (5:00 p.m.) o Administrative IZJ Consent Agenda o Public Hearing o Bids o Announcement o City Manager's Report o Development Plans o New Business o Legal o Unfinished Business o Presentation RECOMMENDATION: Please place this request on the February 19,2002 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board with a 4-2 vote, recommended that the subject request be denied. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-025. PROGRAM IMPACT: NI A FISCAL IMPACT: NI A ALTERNATIVES: N/A ~_fi1LdJ Deve~rtmeitt..DIrector EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: MCMILLAN PERSONAL WATERCRAFT Kent McMillan Kent McMillan 1105 and 1109 North Federal Highway Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, H.16.d, to allow twelve (12) parking spaces in lieu of the twenty (20) required by code, a variance of eight (8) spaces for a retail business in a C-4 zoning district. City Manager's Signature -fl- t)7~ Planning and Zon' g DIrector City Attorney I Fmance I Human Resources S:\Planning\SHARED\ WP\PROJECTS\McMillan Personal Watercraft\ZNCV\Agenda Item Request McMillan 01-022, 2-19-02.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC , . DEVELOPMENT SERVICES DEPARTMENT MEMORANDUM #PZ 02-025 Staff Report Community Redevelopment Agency Board and City Commission Meeting Date: February 12, 2002 File No: ZNCV 01-022 (parking space reduction) Location: 1105 & 1109 North Federal Highway, Boynton Beach Owner: Kent McMillan Project: McMillan Personal Watercraft. Variance Request: Request relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11,H.16.d. (12), to allow twelve (12) parking spaces in -lieu of the twenty (20) required by code, a variance of eight (8) spaces for a retail business zoned C-4, General Commercial. BACKGROUND The site is located on the west side of North Federal Highway, immediately north of Martin Luther King Boulevard (a.k.a. NE 10th Avenue). The applicant is concurrently requesting approval of a major site plan modification for the renovations of two buildings totaling 4,066 square feet, one of which would be used for the retail sales of personal watercraft (boats), and related site improvements. (see Exhibit "B" - Site Plan). The subject property consists of two assembled lots with a total of two buildings (one on each lot). The southern lot (lot #2 - building "A") was developed around 1958, and the northern lot (lot #3 - building "B") was developed in 1 962. No current occupational licenses are active for either building. The Land Development Regulations require that parking requirements be brought up to code when a use change is proposed that would generate the need for additional parking spaces. As the minimum number of spaces cannot be provided on-site, relief must be obtained to allow the project to proceed. The regulations also require full site plan review when there is not compliance with any applicable site regulations. The proposed plan indicates that building "A" is 2,746 square feet, building "B" is 1 ,320 square feet, and that total square footage equals 4,066 square feet. Based on the parking space ratio for retail uses of one (1) parking space per 200 square feet of gross floor area, the proposed project generates the need for a minimum of 20 parking spaces. However, the applicant has space to provide only 12 spaces. Therefore, a variance is necessary to obtain relief from the zoning regulations to reduce the parking requirements from one (1) space per 200 square feet of gross floor area to one (1) space per 339 square feet of gross floor area. The proposed reduction and variance request represents a difference of eight (8) parking spaces. The following is a description of the zoning districts and land uses of properties that surround the subject property (see Exhibit "An -location map): North: Adult entertainment establishment zoned C-4; South: Outreach Ministry Church, and a retail store selling vertical blinds zoned C-4; Page 2 McMillan Personal Watercraft File No. ZNCV 01-022 East: Federal Highway right-of-way and farther east a vacant commercial site zoned C-4; and West: F.E.C. Railway right-of-way and farther west a commercial use zoned C-2. 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. 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 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 welfare. Staff conducted this analysis with emphasis on the applicant's response to the above criteria contained in the Exhibit "C", and current site layout and capacity. It is the position of the applicant that the proposed improvements have been tailored to best balance site constraints and project needs. The applicant believes that the current deficiency in parking is attributed, in part, to lot configuration and limited available space. Staff acknowledges that the current situation is simply by virtue of the fact that the property was improved prior to modern site. and parking regulations, and therefore subsequently kept occupied or allowed to be re-occupied without application of modern regulations. The current situation is also intensified by the proposed change to a retail use, which increases the minimum parking requirement to one space for every 200 square feet. In contrast, the previous use licensed for the property included an electrical contractor, which would require no more than one space per 500 square feet and possibly less if a storage use ratio (one space per 800 square feet) is applied to the appropriate portion of the building. The applicant prefers the variance that represents, in general, the most intensive use and parking scenario. A variance based on the retail parking ratio would grant the property owner the greatest flexibility in terms of leasing options. Nearly all retails uses would conform to this parking ratio except for restaurants, without parking requirements being less on the remainder of the project to provide a balance or offset the minimum restaurant ratio of one space per 100 square feet. Page 3 McMillan Personal Watercraft File No. ZNCV 01-022 The city acknowledges the challenge to successful beautification and redevelopment efforts presented by non-conforming properties, and has tended to equate site constraints from the built environment with "hardship". Using this viewpoint, one could construe that special conditions and circumstances exist which are peculiar to the structures, which is caused by the application of regulations not in effect when the property was originally improved. Current parking regulations applicable to retail uses could not be satisfied on this site without building demolition to reduce building square footage, or by acquiring and demolishing improvements on adjacent properties on which the parking lot could be expanded. With respect to whether granting of the subject variance would confer on the applicant any special privilege, it should be noted that the city approved a similar variance request in 2001 (M & M Appliance). This previous application was similar in that it involved the intensification of an existing building located within the redevelopment area, the lack of site capacity, and the shortage of minimum parking spaces. This approval reduced on-site parking requirements for a retail use to less than one space per 300 square feet, or a total of 7 parking spaces. As for whether the subject request represents the minimum variance necessary to make possible the reasonable use of the land, it should be noted that the proposed use has a lower minimum parking ratio (1 per 500 square feet) than that required for retail uses. Applying this lower parking ratio to building "B", and the retail ratio to building "A", a minimum of 17 spaces would be required for both buildings, or a variance of 5 parking spaces. This scenario would reduce the variance request by 3 parking spaces. However, this would also limit the uses allowed in building "B", or in a portion of building "A" that may not be consistent with the recommendations of the Federal Highway Corridor Redevelopment Plan. In general, the Plan recommends that the corridor be limited to non-automobile or neighborhood oriented uses. CONCLUSIONS/RECOMMENDATIONS Staff recommends that this variance request for eight (8) parking spaces be denied, and alternatively, recommends that a variance for 5 spaces be approved. This recommendation is based on the following: 1) By limiting building "B" to the proposed use-boat sales-and the corresponding parking ratios of one space per 500 square feet (applicable to 1 ,320 square feet) and one space per 200 square feet (applicable to building "A"- 2,746 square feet), the variance request is reduced down to the minimum necessary to support a reasonable use of the land (see conditions of approval Exhibit "D"; 2) Parking relief has been granted by the city in similar cases where site constraints preclude full code compliance; and 3) The lack of parking relief to the site will either result in the continued vacancy of the property and its blighted condition, or the ultimate use of the entire property by businesses that do not conform to the vision for the corridor. MDAI S:\Planning\SHARED\WP\PROJECTS\McMillan Personal Watercraft\ZNCV 01-022\STAFF REP-parking var.doc Location Map McMillan Personal Watercraft EXHIBIT "A" L 800 I o I 800 I 1600 Feet I N W~E s . . O~:'l i~! i~ ~' -0 iU o -0 o <P m CJ <P =i m -0 r l> Z !lmHPW~ ~ I-\mi'!i!;l ~ .! ui-!ll"il ~ 'hili!I'I! '" Iii ,ll!" ~ i I Ii iliH ~ jB' , I'l ': !p.j !'l l!i.qHlph ll~jl~i~lgl~ · j,a I I . o ~frio :rz. mm.,., ill ill. 0 oJ>. i>r r ::::: \'ll uJ-l O'-{ . '-0 () l> r E l> r r <P m o -l o Z \>' ..... ~ <P fl ,~ 'i! I~ ~ I i ~. ~ . " Ig I'; I; -Ii l fl. ! , l! i I'~ Ul e EXHIBIT "B'" NE lOT"" Ave II ~ I ! H 'I' ~ Ii ! fi :r: G\ :r: ~ -{ ~1i!!HI~ 'di!6 .Il'i .... "ji!d m .1 I .. -.. :' I: I u , I ,I Ii I' :! a . , ~ !!i ~i; ia II 81 !!~ WI'II! I!IIIIIIIII ,!! I Ii III i I'!I iill~'" I Ii I !' hi ! ll!.. . 'l'i ,. 'l I " I ;!~ I : ' n 'II!! i n i! I 1 I (i ," It. 1'1 i! ,"1 II i ill ~I' I!! 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IIOl'U.n=",,~_~IiIl..D-.c'" tGIfto~'_J"'_ "'-Oc:.........___ClllIe_ CCNI~TION 00CUI"1ENT& I'OfII New ~ - ADOmoN6 . I'lIMCt:IIUNG ~ I C~N&I S. DA.VIt) FAA.NI(. EXHIBIT "e" Zoning Code Variance Application response to question 5. A. This property is a redevelopment of existing buildings/structures. B. My actions are not a result of my proposed development, but are a result of the existing development of the parcel. i.e. building location within the parcel and building size, C. I acknowledge that the granting of the variances requested is a result of undo hardships imposed by the redevelopment of the subject property, D, The literal interpretation of the provisions of this chapter would subject undo hardship on the applicant to utilize the existing structures in like zoning of commercial retail uses by way of parking requirements and associated green area requirements, E. The redevelopment of this property/site plan was derived in conjunction with minimizing variance requests through working with the City of Boynton Beach Planning and Zoning Department. F. Granting of these variances will provide for redevelopment ofa currently unoccupied property with services to benefit the general public while aiding in the initiative of a corridor redevelopment/enhancement, . I~\ !? C r: . i ~. Ie I;," ir' ! ! u ~ iJCJ '------ IUU~~__~OOI EXHIBIT "D" Conditions of Approval Project name: McMillan Personal Watercraft File number: ZNCV 01-022 Reference: DEPARTMENTS 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 DNISION Comments: None X BUILDING DIVISION Comments: None X P ARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1. Relief limited to a five (5) parking space variance to be achieved X throughout the project with appropriate uses/parking ratios that conform Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT to approved variance. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: I. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. Omit condition #1 under Planning and Zoning Comments thereby approving X the variance for 8 parking spaces as requested. S:\Planning\SHARED\WP\PROJECTS\McMillan Personal Watercraft\ZNCV\Condition of Approval 2 page revised 2002 form.doc DEVELOPMeNT ORDER OF THE CITY COMMI~ION OF THE CITY OF BOYNTON BEACH, FLORIDA IlJU lD~, p~ ~ ~. ~~, PROJECT NAME: McMillan Personal Watercraft APPLICANT'S AGENT: Kent McMillan APPLICANT'S ADDRESS: 1301 SW 2ih Avenue, Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 12,2002 TYPE OF RELIEF SOUGHT: Variance request for relief from zoning code requirement for number of parking spaces. LOCATION OF PROPERTY: 1105 & 1109 North Federal Highway 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 X- 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 X- GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediatelv upon issuance by the City Clerk. \\ \ \ \ \ \ 11111 f 11111 ~~......N..6 'II,," All further development on th~~t~~,l.Y..~.y~made in accordance with the terms and conditions of this order. ~ ..}..,~"~~~TED""',, % ~ 0 ...~ .\ ~ ... Q:) -0: .- O h ==:0 ~ : = t er ~ u. ~t.i O"-l,f 'It" ~ -:::. 0..... ~v .' ,.., :::: ~ . "'- .-"""'" ~ ""1" . .eL n...~ ~- ~ .. ~- ~ ~-I -Oa ~ 6. 7. DATED: :\OTICE OF PCBLIC HEARI:\G NOTICE IS HEREBY GIVEN that the following applicatlvll has been made to the COMMUNITY REDEVELOPMENT AGENCY 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: Kent McMillan Request: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, H. 16. d. (12), to allow twelve (12) parking spaces in lieu of the twenty (20) required by code, a variance of eight (8) spaces for a retail business in a C-4 zoning district. Location: 1105 & 1109 N. Federal Highway, Boynton Beach, FL. Legal: Lots 2 & 3, Block A, LAKE ADDITION, 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 11, Page 71 and That portion of the North 20 feet of the South 185 feet of Government Lot 3, Section 22, Township 45 south, Range 43 East; lying East of the Easterly right-of-way of the Florida East Coast Railroad and West of the Westerly right-of-way of State Road 5, (U.S. Highway #1) A PUBLIC HEARING BEFORE THE COMMUNITY REDEVELOPMENT AGENCY 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, FEBRUARY 12, 2002, 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 Community Redevelopment Agency 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 for the City to reasonably accommodate your request. CITY OF BOYNTON BEACH PLANNING AND WNING DIVISION (561) 742-6260 PUBLISH: THE POST January 28, 2002 lliD\ [f ~.,:, [~, T-\-7-~W" , .,r- III I if.\I'J 2 5 20CO u DEPARTMENT OF DEVELOPMENT