Loading...
AGENDA DOCUMENTS .~\ -r "--J:,: / .... \, / \ (jJ \! :r 0\, Jv ,}.. '-... '\"/ ",- "~k. "ON 0/ 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 City Clerk's Office Meeting Dates in to City Clerk's Office 0 April I, 2003 March 17,2003 (Noon.) 0 June 2, 2003 May 19, 2003 (Noon) ~ April 15, 2003 March 31, 2003 (Noon) 0 June 17, 2003 June 2, 2003 (Noon) 0 May 6, 2003 April 14,2003 (Noon) 0 July 1, 2003 June 16,2003 (Noon) 0 May 20, 2003 May 5, 2003 (Noon) 0 July 15, 2003 June 30, 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 April 15, 2003 City Conunission Agenda under Consent Agenda. The Community Redevelopment Agency Board with a unanimous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-071. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Schnars Business Center (ZNCV 03-002) Jeffrey T. Schnars 924 Venture L.L.C. 924 North Federal Highway Request relief from the City of Boynton Beach Land Development Regulations, Chapter 6, Article IV, Section 1.A.3, requiring parking lot driveways to be located 120 feet from the Intersection of the right-of-way lines along streets of higher classifIcation to allow a 13 foot variance, resulting in a distance of 107 feet from the intersection of Federal Highway and N.E. 9th Avenue for a proposed office/retail building. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A City Manager's Signature 11-;) ~~ Planning and Zoning . tor City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Schnars Business Ctr\ZNCV 03-002\Agenda Item RequestSchnars Bus. Ctr ZNCV 03-002 4-15-03,dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-071 STAFF REPORT TO: Chairman and Members Community Redevelopment Agency and City Commission THRU: Michael W. Rumpf Director of Planning and Zoning FROM: Maxime Ducoste Planner ~ DATE: March 25, 2003 PROJECT NAME/NO: REQUEST: Schnars Business Center Variance/ ZNCV 03-002 Relief from the City of Boynton Beach Land Development Regulations, Chapter 6, Article IV, Section 1.A.3., requiring parking lot driveways to be located 120 feet from the intersection of the right-of-way lines along streets of higher classification to allow a 13-foot variance, resulting in a distance of 107 feet from the intersection of Federal Highway and N.E. 9th Avenue for a proposed office/retail building. PROJECT DESCRIPTION Property Owner: 924 Venture L.L.C. ApplicanUAgent: Jeffrey 1. Schnars Location: 924 N. Federal Highway Boynton Beach, FL Existing Land Use/Zoning: General Commercial/C-4 (West Parcel), Mixed-Use/ Single-Family R-1-A (East Parcel) Proposed Land Use/Zoning: Mixed-Use (MX)/Mixed-Use Low (MU-L) Proposed Use: Professional offices and retail Acreage: 0.52 Acre (22,838 square feet) North: (see Exhibit "A" - Location Map) N.E. 9th Avenue right-of-way, and farther north, Boynton Beach F.O.E. #3944 lodge building, zoned C-4; Adjacent Uses: South: An auto repair business (NO Auto Repair shop) zoned C-4; East: Single-family neighborhood, zoned R-1-A; and West: North Federal Highway right-of-way, and farther west, a retail business (M&M Appliances), zoned C-4. Staff Report Memorandum No PZ-03-071 Page 2 BACKGROUND The subject property, owned by 924 Venture L.L.C., is located at 924 N. Federal Highway. The agent, Jeffrey T. Schnars is requesting relief from the above-referenced Land Development Regulations which requires that parking lot driveways be constructed at least thirty (30) feet from the intersection of the right-of- way lines along local streets, and one hundred twenty (120) feet from streets of higher classifications. The Schnars Business Center proposal included two (2), new driveway entrances measuring 24 feet wide providing ingress and egress along North Federal Highway and N.E. 9th Avenue. The entrance driveway on North Federal Highway is proposed to be located approximately 107 feet from N.E. 9th Avenue. This proposed driveway is located on a major arterial (Federal Highway), therefore, the 120 foot separation from the intersection is required. As indicated on the site plan previously reviewed by the Community Redevelopment Agency Board on February 11th, 2003, the applicant is proposing to construct a new three (3) story, 8,754 square foot office / retail building located at the southeast corner of North Federal Highway and N.E. 9th Avenue (see Exhibit "B" - Proposed Site Plan). The subject parcel is approximately 0.52 acres in size with approximately 130 feet of frontage along North Federal Highway, and 143 feet of frontage along N.E. 9th Avenue (see Exhibit "C"- Survey). The special lot condition that exists for the subject property, is the short frontage distance along the North Federal Highway right-of-way. As such, adding a driveway access point on North Federal Highway that complies with the City ordinance requirement of 120 feet and provides a feasible site design is challenging. The proposed driveway is located 107 feet south of the intersection. Therefore, the applicant is requesting a variance of 13 feet. 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 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. Staff reviewed the requested variance focusing on the applicant's response to the above criteria contained in Exhibit "D", as well as site restrictions, and proposed design requirements. Staff has determined that minimizing traffic impact at this location is a partial justification for granting this variance. In order to satisfy 'Staff Report Memorandum No PZ-03-071 Page 3 the Land Development Regulations. the driveway along North Federal Highway would be placed 120 feet from the intersection of N.E. 9th Avenue to the edge of the driveway's pavement. This scenario would leave no additional linear footage necessary to provide the 24-foot minimum driveway width as required by code. This scenario would also result in the elimination of required parking spaces to support this office/retail project, and create inefficient internal vehicular traffic circulation. The Federal Highway driveway minimizes the impact of the project traffic onto N.E. 9th Avenue. If there was only one project entrance at N.E. 9th Avenue, traffic exiting from the site could back up into the interior driveway of the project when waiting at the intersection light and further congest the secondary roadway and adjacent residential neighborhood. A second driveway on North Federal Highway lessens this potential traffic problem. It should be noted that the proposed driveway located at N.E. 9th Avenue is replacing an original platted alley with a proposed easement, in the same location (ABAN 02-003). This will allow accessibility for the existing utilities. If the existing utilities are being repaired, this site can still be accessed from the North Federal Highway driveway. The Florida Department of Transportation is the permitting authority for access onto Federal Highway. The Florida Department of Transportation, has no objection to the proposed driveway, and has issued conceptual approval (see Exhibit "D"). In keeping with the City's Land Development Regulations, the applicant's response to the above criteria is included within Exhibit "0" Statement of Special Conditions justifying the requested variance. In summary, granting this variance is justified for the following reasons: a. A special condition exists which is peculiar to the subject property; b. The literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties similarly zoned; c. The variance requested represents the minimum variance needed to utilize the western side of the property for access (the proposed driveway is located at the southern extent of the property, the farthest distance possible from the intersection); and d. That the granting of the variance would be in harmony with the general intent of the regulation to promote safe and adequate traffic circulation. RECOMMENDATION Based on the analysis contained herein, Staff recommends that the requested variance be approved. No conditions of approval are recommended; however, any conditions of approval added by the Community Redevelopment Agency Board or the City Commission will be placed in the Exhibit "E" - Conditions of Approval. MWR/MD S:IPlannlngISHAREDlWPIPROJECTSISchnars Business Cenlerl ZNCV O~02ISTAFF REP,doc Location Map SCHNARS BUSINESS CENTER EXHIBIT "A" __~__ I I , ".- ~~~'C~~~~'-~~=~R~~2-' ~- -- , , ' , , , ' , ' , : . : i 'i. : I ,__~_ '. lit =-=-==--..-NE:..t2.:II:l::'A\;,tFc --~ ---- i i z: ,m: j I ,-- .8.3 ~ , --0 llJ ", z ",.",! ," ~~IDEg...g~i .'" <(" ' ~. , ' , ! I !. :.. ! 1 z m :::j , [1 ! \ PU R1A ~ l ) (f) -I: ~ , N-E--&rtt-A-V[ ~ '// Ii 1 ,i '-, '"-......;-,~. _~ f ~< ~-i.\:~~! ].,' : r-- ! r '. ~~ '--1--,1/ ~ ----- :Ll NE 6TH CT- /~ I' ' , , (I) w~, .~ '.. ,~~ i!'" !l1tJ ,=, ~4 ~.: ~il h" !!.~ ,~. ~J'I h 'f'! --j I~J: '~" il~~? ;'; 'it l'i, l "\ ;1: \ \ / ' I' l~ I:: I~ ,n ,~ r- 'I: '1= ~:;: :~ if ijllll~ !ll~i I , I \ - I ~-_- ~ ~.:: ~_;;: ~ ~:: ~_;-; ~ _ :;~;;:~~~~~-:::,_ .... ~ ;:;~ :i~1 ~ :;... :: ~~1: :~ )) , 1"11 /!} - I jj: I: :o:::-:~ ir';;I" !'J II.~ I 'or_.. ;:i .u; on n. :;: E ,. l i! ~F1 , , ::: ~ .. -i~ ~;;; l I 's'" ; i ~ ,e ~ o ... i~ ... ! j .... z i3 ,,:: ~, Il:"lf....,\.\, I ~ 1:,11;1 " , , ~ l ; II \ .- !; ~ '... '... ' In '. !~ ' .:u;,,!~~'i "it;.~l ~!;: gn j. i~ :~~ . = . ~ l .::-;. "j It ~ -- i~ ~ _ .I . : ; - ! : . - ! .=~-~ i a!~~ .~, F~I w~: Hi ~ha e!~, n' II. iU' lilts! ". .n!- -! ':.:- ...:= . d ~ : ~ ; , .;: j ~ll ~ ' i ; ; ; j <:'In n. EXHIBIT "B" J:~ x> (1\2 CD -; .. :e :0 ~ ; !I i! I,; ;Iiili ii!; s I ~! ~~ j ::m. 11;1 ... i;i 'i ~1'~ ~3wl" '; la 5 · I "!,AIi fa oj ... ! i! i:! ~!!r.! i~! ~ ; II ~:i !;~;J_ Ii I.! ~ l!i ' ; ii'~;~ , . .... '!.:=...=;,c.'... !!i ' . :,i!;I ; ~ o t. ! 0 ";;j: _ ! "I h I J i~';ll ; .i ' · · I j,~;.. I . ; : = ;. !1'~it ~ ~ ~ ~ I .. ':.~ i i i . .-!. r- ig ~...!:..:=s C iJl._. > .. 3a~~,- r- ~~ ~Si::: 0 H ~'.~~ c: ,30 .~f~: g ~~ h1:i~:v j "~"1'" ~9 ~:~::~ i5 ~-d~:;; () - ~:\ ....:: . ~:;~: ; ~l~; :~ ~~I~ i;~~ '" -; . '; ~ -: Ir!~ I ~ ij p ~ ~ ~ S I ~ Z ~ . Ii .:: :-= .. .i i i . . -- s. ~i ~~ ~~~~~ : ~~g~~: ~~~H ~"'1J~"'". . ...1> .. o,,~ j"~= ,,~ .~ l;: 5 :C o S ~ Il!l .lj !il 11. Ii! 71T il_--" , "B" <'~~5i r;"~i:! ~~~~ ,,~~~ ;V_I 'f! >-, -'" ..(mr=~ !~~.~ o~lI!~ !;~~ "',.~ a'" ..'" ~", Ii".. ~..~ f~ n;'" " .. ~ ~ '::lJnJr>> m "llolb~) X S~13~ :.. ~S~~ m a @~~ ~ ~ ~~ ~ ill 2gD ~ () z,'" 0 () !~ ~ r :g ; () ~~ ~ iO ~s l) ~x 1>- . - (I ~ ~ 7\ -(: 1> ~ G\ g m iji ifH ml 2mcl; :;~ ~u 'ia~ ~~~I tp.i~.. ~I~ "~51'1.!! "k3i ~:; i H!~~ '9 II I I I:, - ~= ,-:".'.c..: , ,-,., --"t, . .~' ~.,,- _ '.~'~ 'N [Ha~~:J 091--> '" , , , ~ '9?-.' -- ~=13- l-r Iiiiiiiiiiiiiii , [fgECl j ~rrJ I "'I ~J lj iiiiiimiiiiD ! [EE' ~ ' ~ \i~ .~ l~ " ~ ~ I~ ,. ,~ ~ i~ ~ il II II "'..~ z !!6.. a i' J: 6 -< 0:2 ~ m ;or-iJ .. 1ft ~ ..( Il> [ ~ ~ ~ ~ > - nt ~ .- Il>o () ~~:~ ~.. ~ -l ~ r:. 0... r- rw <;I ~ E ~ r- 0 Il> () ~~::~ " "'ee:z:. ~i:~~ ~~f ~"'~ . r-G'(f ~_R: "Ilg 8-'1 ",ii, ~ ~ ~ i 'lH hi ," I!, I~L ,~ ,- ~ I~ ~ ~ 15 ~ j!!l ,!I I!. '.It if II I >>1'" R-~';;i ~i ~ ~ ~" NS:- , ~ Q~ ~A~rpo~-'''] , .1 . 0'<;:; 6 p =~:!!~ 1 1 Q. SCHNARS BusrNESS ~~~~ ~~ CENTER ~~ i-- - ~ U'1l...n 'f I' .~ BOYNTON BEACH FLORIDA ....'... .,....- " fT. :~::.:';7.~~ :;".~~.::-. ......... :::. :~::: ::; :~~:: ._ ...... ~ _,,,....' -...... c.....,."'.~ _"",,,,--...-.-...-.-...__._ _... ".._~ .-..-.'"",,,.- - -.. _to _r ""........-c:...... .-.' --, ........ ~.__. ................- I ~ en n, XI Z' >: ::ui en: ml Z' QI ~I !:l' z! QI n; 01 ::u , ~I I I il ~ ~I 21 >1 ~' ml c:: en, ifii ",i ~I ~1 -I ' m' ::ui I I z ..., ::u , p:!! i:' Z' >>i ::u ' -ci ~' Q, Z' ml z! ~I Ij;: zi i i I ; ! ; ~.l1 ~;~ " ~ ~ : ~ 1 :;.;': ~ N l :"l ~ . C'" ..I I i ... '.. .: .::: . , !~~ . ~ ill!! ii! ! : 'J! illl! ill ~.~i~ ~.. 1 ~~ ;;~: ~ :1 ilj 'j ',i ::111,1IJ! :'1::,1., ill ii il ! ;~l ill . ~ ~ c ' ~ '. ! : ,,~ : !ii ~ ~:'i .'; . " 5 t ~ ~ " -.- . FE'De'RALI'ff ~~Y(3T~reR 0...0"'0 S) - -~..::-::;.:: ==:::: o:~::'~~ EXHI IT "8" . -~~..,- i : 1 "~ ~ ~ . !!'~ ~..: ~ =::; ',:: -==:--- -:- .;. ;:::::::::::: :::-:::-::::::~::::::~:::_=_:::::: :::~:::.=:::::::::- I I -" ~'~ I -:--::::::-- ';---- -:::::::::::::::--::::::-- ~ i.'. ~'~~t~j,,~. ~::"~:""c,~".~~""::"~:::::- I ; ~-- ~c::=r~-:~~~?:~'~7 ::~:; I , . 3._ ~L (~~........",,-.--=.-:-"~ 1 I I . IG H~!; I:.~ ;;.. fllo~ -Io-O.,j-_L . I "';-o~-:"~-- II' "\ I;jl~'d:~.t.: I r,----q :~:c:=.=.r" -.. ~~:I:!!-' 'i i':'-I-'l-:'~'J\ ~;:-;;-=----:---- -"-. , ~.i I 'Q,.i;l'i -,:" ,.,' ,--j-~~ - '- ; , '!,~! '.r.l;j, ~~~!i',rl\:t-:::'::o'I' -'--'=-.--- . ,j~ : < ,;;, < : 'I 4 _:~ I [;:.:1. .'" =: I ,. il ,~:: I' r ""-' = '. -.- I 'I _ Ii; ," '11\ i ~" ~~; ~ I ' ,," ~" ,_0, --=. . j. : ::~P-::'I'd ~ i~3i I !~ d~\ II' fbll ~;:: !L:I' : l!:~ ~ i,:," ii: ,'-1.10- '., _ ' : ~ ': ,,,,,,,~h"1 Iii'; i' ',oi: lie. '.'= c' \ :'c' ,-;~ . i r'J;:=.J'~: '~~b'l/rr>j -,-_..I..,.-rc~['" ~ .. ' -.,-, 'I."I'.T""'~~- " '..1 ~c~.~~l~c{l!il'~iU~~i:'!: 11 w ,\, .<. -"_.c.,,,,~::...1J!.-m~"1 !,,': ,,, ,,;\\ (_'.. '! ~. _"'"'=', c>F"'<'; . , !:; 1 (>?\~.. i .l~. ~,- ",' ,!....J :;, - '-.J 'I ~~~--= '. I";~ ~, I!' h [.n I:;;r;),.;:: ~.= ,,", . ,...... . 1..1"1' ," ' ,I .1 , : I I'" ........'.Joi' i; I !I ,i i 'I" I ,'~ - -' . " ,,' I: I' j~. i:" _,L ;-.' ;j '1:111 ;--....... ' i" ;~--' /~I ," ,. , '" I' ,';., ,'I I ='1 ,,-----, 'I ,":,!I ~ II i ,','0" !; , II Ii .:',;~ l'~ .._.i j'r ' I' .. ,.-m--.t.; I I; Ii' :' ,f : J I I 3 . .. ~ ).. !i~ ii~;1 ;1. ~ ~ ' r ~(:; ii- :;:--1 ~ m q n c: ;:J III j~t}]f:,,:;';,i;~ :1 ' '.t -'-~ ,'! . 1 ., . ::I r -~ .: ~ ~ ~ '; ~~ . H H ~~ , , . . ,~ ~ ; ~.i . ," ;;.~ ~i~~; HHi iH {~ ~ ." n ';1: ,en 'E is " - I . --: I"':"" !~ iZ 'c ~; " :;': l'i I.l ; . : ,~ .i; ~ j ~ ] ~ ~ .~ ~ ~ ~ ,. . !j- ~~~1~ a ~ . ' i~! I~, ~.' .1 - g z ~ I ~O. F ~~;. ~ r . ii '~j; .,' 'f."~ ~~ : i~, ! ~, ;~!;"'='i i~~~~; . !!'< ~e8i:~ ~.;."~QO =~'i'; ~i:::.~= !'6.~. aih'; .~~::~; ~:ll"'i"~ ~ih~: ~;~~~ . ~~~~ ;:~5: =_..6 '~=6~ ';~i~ ~!"'f~ i.h; :~~~} ~~~i; i~ja. ~i")!,i ;~~.S ~jl~~ ~&~;i 1IIlC:J:;lOl':O ~~~;I .. . . < '" EXHIBIT "e" '. ~, -.----......- ~ ~. nr I I (' " '" ~%1-a ~ ~1'..~~ ~~ .<:'!~~, ~ ~ ,. \j-- j ~ J':~ ~J! ;!!-!' N ~~ :!~... ~ ~~ I'~ ~, . ;. I 132.60' , , i. ~ f"... {~ ,: II >~ rJ.. ~ i. i.;; ~;~ ~: -;i , ~. ;;;t;Jltc;~;'J:~a.~ !!H~~Hi~i;imu ~ 1- i~'''I!I. ii;; .. · J 11I"~ .. i .. . II r: i ~ la !l I li *a...: . .. .4.C1I~liili!l '" N "' ~ ~l!; i~<;: i ~f~ /'l;!:;C: : ~i5 '" U~ g ~O; ~~: .i; 'i 2;;" ~ ~Ii ~ ;:--o~ i~~ ....2~ ~! ", ~ ~~ .. i,.. ;5 ~~ .~ ~; ~5 '. :. f.1~ l~.~i..8~~~..~&~;=sg~:g;~ .~~~~~j.~ig~.~i~~~.~;:q~;~ !~~~~~.a~i~~i..~e~~~~~~lea ~~o 2!~~~aia~Q~3:!~;~~~P!- .~i ..i;~.~.~~~e,.~'=.. ~ .s~ ~"." .~~,..~~..~i~~ . a . ':e. isi~=~..~l..i~~i:.; . .~. ~~ "~l' .~.~:i~" I I Ig~~ ~.~g~..~;.~..~~~~~! 2 ~~.~~~~.~ ~~~g~~i~~,~~~.~~a~: i 5.~.~~~~; ;.i~.~:~~;Si~..~~~l ' ~"~"j~!. :.l;.~~"8.~~~:.;~.. ! 8 8 ~:~. ..~~~!"?~~;g~~~~i~S . i ! ~~-g ~:'~-~i s ===~E~~.. ~ i ~ :~ ~ ~~i~~~~ ~ :i~~~~~:: ! ~o s '--~':~ C:':"l~~-' .~ ~ ~~~;~., .....:.. ~ ~~ 'i J' ~:~. I ~:=~~i;" ! ~ ~i = E ::~! I ~~;~i~ ~ - i ~~ ; ~ gi~i Q S~~~~~ J _' . . .'i~ ~,...~c_ _=_~ i~ I ~ !:.; ~'F!~". _;~ : ~oi~ _ ;~!!~~ a - 5g~~ ~ ~,=~~~i . ~i:; E ~~i~:Q ~ ':. ~~~~ .~~~g~ g i~.~ :".~~ i ~ .~.. o.~".~ ~ ~ . ~~.i .~~~~~ ~ . :;" ~~~"~- ~ r.o: ~~ ~ ~. ~ ~ <, -------. .-----.-.-....- !~ mli Ii =~nl I' i'~! . "! ': ~3 ~ ~~! p. i!~! u. ! i . I I; $ "'- i . I. ~ , \\ \01 BOUNDARY AND TOPOGRAPH~ SURVEY ..EC~:!::!- I,;!.. consultIng tlnglnesr.$ JIJI EAST ATUJlTIC BOULEl'ARD ~1I"AItD BEACH. FI.OlflDA J.1010"'"4,J f'5417,,-J<fOO FAX(,S<fn"-,,OI1 EJlAJLKAAIOfHIU".(I#I. IA MO. 61110 DArE 1Q'~02 DATe REv/SIDIt SCAI.~ ~ .20' FIELD 8OOK~ DRAW" IJY~ CH~CKED f1f'-----a t\. a " A PORTION OF LOTS 20 TI1ROUC'" 24. BLOCK 4, LAKE ADDITION TO BOYNTON. ACCORDINC TO P.B.Il, PC. 71. p,6.C.R. ClTYIJI80,,,,rQfllIl(ACM "","",e(~CMCOUNr',rt~ EXHIBIT "0" STATEMENT OF SPECIAL CONDITIONS Schnars Business Center Code Variance Application Item 5 A. Frontage along Federal Highway is only 140'. B. Special conditions were not caused by applicant. C. Will not confer any special privileges. D. Ordinance would deny applicant a driveway connection on Federal Highway. E. Proposed driveway connection is at the south property line. F. Driveway connection will not be detrimental to the public welfare. We have received conceptual approval from FDOT for the new connection. ~ ~, , EXHIBIT "0" Florida Department of Transportation JEB BUSH GOVER.'10R District Four- Permits Office 3400 West Commercial Boulevard. Fort Lauderdale, Flortda 33309-3421 Telephone: 954-777-4383, 866-336-8435, Fax: 954-677-7893 clark,turberville(@dotstate,tl,us THOMAS F, BARRY, JR. SECRETARY January 23, 2003 THIS PRE-APPLI Mr. Jim Mahannah, P .E. Schnars Engineering Corporation 951 Broken Sound Parkway, Suite 108 Boca, Florida 33487 Dear Mr. Mahannah: RE: Pr~-a12Plication Review for Cate~orx.C Vehicular Access Connection (V AC) permit request Paun13each County, Urban, L. t..e ,-~ty of Bcvnton Beach th State Section 93010, State Road 5, Approx. M.P. 2.2, Location: SE 9 Ave. & US-l Posted Speed 35 mph1 Access Class 7 th Request: Ri2ht-in, right-out VAC 100 feet south ofNE 9 Avenue. Applicant: 924 Venture, LLC, Prope!!y Owner: Ruth Dolly_ Business Name & Address; Schnars Business Center, 924 N. Federal Highway A Pre-application Review of the subject 2roject was conducted at your request January 23,2003 and category of V ACs to the State highway. lf you believe the category assigned above is incorrect, please provIde supporting data. We ha,ve given the Rlan, as presented, as thorough a review as possible at this pomt and our comments or fmdmgs are as follows: · We approve the concept as presented with the following considerations. · Pleas~ incl~de ~ copy of this letter with your request for continued pre-application review or pemut apphcanon. · Applicanf did provide current survey _ site plan .-L traffic study _ relating existing -L Conditions: . . . . Parking space to be set back a minimum of 25 feet from edge of pavement. Mitigation for dra~age impacts ~s required.. pewa~erin~ to right-of--.yay not permitted. A.ny appx:oved,medlan use IS subject to reVlSlon WI~ suo~eq!lent projects. FiXed objects m control zones must meet construcnon cntena Dimensions between features are from the near edge of each feature unless otherwise indicated. Fav9rable review of the proppsal generally m,eans that you may develop plans comRlying wirp. the ReVIew comments and subrmt them" WIthin SiX months, to the Department for...penmt process mg. When permit requests are submitted subsequent to a Pre-application Review, DeJ2artment pemuts personnel have the duties of checking the VIability of the desigp. Rlans in terms or standards cOI!1Pliance and constructibility. The Department will attempt to abide WIlli the Review comments favorable to your plan to the extent that necessary discretion IS available to the Permits Engineer. Unfavorable review generally means that a penmt application based on the design proposaf would likely be denied. If you should have any que~tions, please contact us at the telephone number or e-mail address shown above. Thank you for VISltmg WIlli us. Sincerely, ~!('~ /)'l.-.-.,'.'-. C ,-tr 4/ / Clark D, Turberville, P.E. District Permits Engmeer CDT/jrna Cc: Heslop Daley Alan Rothmann Andy Vaillancourt, P.E. File: s:\permit_dlpermitslconceptu\Palmbeac\924 Venture - SR 5 <;) RECYCLED PAPER EXHIBIT "E" Conditions of Approval Project name: Schnars Business Center File number: ZNCV 03-002 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 DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTERJENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: None X COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: I 1. To be determined. I I I S:\Planning\SHARED\WP\PROJECTS\Schnars Business Ctr\ZNCV 03-002\COA.doc J:\SHRDATAIPLANNING\SHARED\WP\FORMS\BLANKS FORMS ICOND, OF APPROVAL DuFour 04-24-01.DOC DEVELOPM.....T ORDER OF THE CITY COMMI~....oN OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Schnars Business Center APPLICANT'S AGENT: Jeffrey T. Schnars APPLICANT'S ADDRESS: 951 Broken Sound Parkway Suite 108 Boca Raton, FL 33487 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 15, 2003 TYPE OF RELIEF SOUGHT: Relief from the City of Boynton Beach Land Development Regulations, Chapter 6, Article IV, Section 1.A.3., requiring parking lot driveways to be located 120 feet from the intersection of the right -of-way lines along streets of higher classification to allow a 13-foot variance, resulting in a distance of 107 feet from the intersection of Federal Highway and N.E. 9th Avenue for a proposed office/retail building. ' LOCATION OF PROPERTY: 924 North Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. 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 X 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 "E" 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 S:\Planning\SHARED\WP\PROJECTS\Schnars Business Ctr\ZNCV 03-002\DO.doc 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 reauest (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 DA ril 1 2003 [gIA ril 15 2003 DMa 6, 2003 DMa 20 2003 DJune 2, 2003 DJune 17, 2003 DJul 1, 2003 DJul 15, 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 D Finance De artment for items that involve ex enditure of funds 0 All back u material is attached [gI All exhibits are attached & marked e, "Exhibit "A' [gI t'-~(Z.. Department Head's initials: Schnars Business Center (ZNCV 03-002) Please do not write in the shaded area below, Legal Department signature D City Manager's signature D ITEM RETURNED FOR THE FOLLOWING REASON(S): Signature(s) missing D Incomplete submittal D Missed deadline D Other D Reason: Person contacted to pick up rejected request by bg - 7/19/02 S:\Planning\Planning Templates\Agenda Item Cover CHECKLIST Apr 1-July 15, 2003.doc on (Date) EXHIBIT "E" Conditions of Approval Project name: Schnars Business Center File number: ZNCV 03-002 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 , C~~^:~~-:~rl:J. :';c;:-..; X COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS J Conditions of Approval 2 I DEPARTMENTS I INCLUDE I REJECT I Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: I 1. To be determined. ~ I I I S:\Planning\SHARED\WP\PROJECTS\Schnars Business Ctr\ZNCV 03-002\COA.doc J:\SHRDATA\PLANNING\SHARED\WP\FORMS\BLANKS FORMS \COND. OF APPROVAL DuFour 04-24-01.DOC DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 03-042 TO: Janet Prainito City Clerk FROM: Michael W. Rumpf ';;j-!5-r- Director of Planning and Zoning DATE: February 11, 2003 SUBJECT: Schnars Business Center Variance 924 N. Federal Highway, Boynton Beach, FL. Driveway distance from intersection ZNCV 03-002 Accompanying this memorandum you will find an application and supporting documentation for the above-referenced case. A check in the amount of $400.00 to cover the review and processing of this variance 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 April 8, 2003 Community Redevelopment Agency Board meeting, and the April 15, 2003 City Commission meeting. Please advertise in the newspaper and send notice to property owners accordingly. S:\Planning\SHAREDlWP\PROJECTS\ Schnars Business Center Variances 03-00 I \Legal notice,doc REQUEST FOR PUBLISHING LEGAL )TICES AND/OR LEGAL ADVEIr 'EMENTS 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: January 10.2003 BRIEF DESCRIPTION OF NOTICE OR AD: Zoning Code variance for 924 Venture L.L.c. requesting relief from Chapter 6. Article N. Section 1.A.3 requiring parking lot driveways to be located 120 feet from the intersection of the right-of-way lines along streets of higher classification to allow a 13-foot variance. resulting 107 feet from the intersection of Federal Highway and N.E. 9th Avenue. and for a proposed office/retail building. Community Redevelopment Agency Board meeting to be held on April 8. 2003. at 7:00 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 March 25.2003) within 400-foot radius ofthe subiect property. applicant and Director of Planning and Zoning. NEWSP APER(S) TO PUBLISH: The Post PUBLISHED: March 25. 2003 LAST DAY TO FAX TO THE PAPER BY 3:00 P.M.: March 21,2003 APPROVED BY: (1)~A ~</ (Ori' tor) /1"([ ~ :l/I ~ los ~ ;;tt) (Da' ~ (2) ( RECENED BY CITY CLERK: COMPLETED: l/' ~OTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the following application 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: 924 Venture L.L.c. Request: Relief from the City of Boynton Beach Land Development Regulations, Chapter 6, Article N, Section 1.A.3., requiring parking lot driveways to be located 120 feet from the intersection of the right-of-way lines along streets of higher classification to allow a 13-foot variance, resulting in a distance of 107 feet from the intersection of Federal Highway and N.E. 9th Avenue for a proposed office/retail building. Location: 924 N. Federal Highway, Boynton Beach, FL. Legal: Lot 20, less the East 55 feet thereof, and Lots 21, 22 and 23, Block 4, LAKE ADDITION (to Boynton, Florida) according to the plat thereof as recorded in Plat Book 11, Page 71, of the Public Records of Palm Beach County, Florida; less such portions of said lots that have been taken as right-of way by the Florida Department of Transportation. 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, APRIL 8, 2003, 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 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 ZONING DIVISION (561) 742-6260 PUBLISH: THE POST March 25,2003