AGENDA DOCUMENTS
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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
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A PORTION OF LOTS 20 TI1ROUC'" 24. BLOCK 4, LAKE ADDITION TO BOYNTON.
ACCORDINC TO P.B.Il, PC. 71. p,6.C.R.
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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