REVIEW COMMENTS
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:
Schnars Business Center Variance/ ZNCV 03-002
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.
PROJECT DESCRIPTION
Property Owner: 924 Venture L.L.C.
Applicant/Agent: 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 I
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 "0", 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 "0").
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:IPlanningISHAREDlWPIPROJECTSISchnars Business Centerl ZNCV 03-0021STAFF REP,doc
Location Map
SCHNARS BUSINESS CENTER
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BOUNDARY AND TOPOGRAP~C SURVEY
A PORTION OF LOTS 20 THROUGH 24. BLOCK 4, LAKE ADDITION TO BOYNTON,
ACCORDING TO P.B. II, PG. 71, P,B.C.R.
CITY OF BOYNTQN BEACH
PALM BEACI~ COUN1Y. fLORIOA
EXHIBIT "e"
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consultlnq engIneers FIELD BOOK~
JOI EAST ATLANTIC BOULEVARD
POMPANO BEACH. FLORIDA 33060-66-4J DRAWN 8'Y~
(954)788-;]400 FAX(9S4/788-J500
EIIAILIKAA/OO~m6n.com L8 NO. 6860 CHECJ(ED BY "'
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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.
~
Florida Department of Transportation
EXHIBIT "0"
JEB BUSH
GOVERNOR
District Four- Pennits Office
3400 West Commercial Boulevard, Fort Lauderdale, Florida 33309-3421
Telephone: 954-777-4383, 866-336-8435, Fax: 954-677-7893
clark. turberville(@dot.state,I1,us
THOMAS F. BARRY, JR.
SECRETARY
January 23, 2003
I THIS PRE-APPLICATION FINDING MAY NOT BE USED AS A BASIS FOR PERMIT APPROVAL I
AFTER JANUARY 23, 2003
THIS DOCUMENT IS NOT A PERMIT APPROVAL
Mr. IimMahannah, P.E.
Schnars Engineering Corporation
951 Broken Sound Parkway, Suite 108
Boca, Florida 33487
Dear Mr. Mahannah:
Pre-a0Jlication Review for Cate&orx C Vehicular Access Connection (V AC) permit request
Palm-Beach County, Urban, In tHe ""ity of Bovnton Beach
State Section 93010, State Road 5, Approx. M.P. 2.2, Location: SE 9th Ave. & US-l
Posted Speed 35 mph~ Access Class 7 th
Request: Right-in, nght-out V AC 100 feet south of NE 9 Avenue.
Applicant: 924 Venture, LLC, Proper..ty Owner: Ruth Dolly_
Business Name & Address: Schnars Business Center, 924 N, Federal Highway
A Pre-application Review of the subject nroject was conducted at your request January 23, 2003 and
category of V ACs to the State highway. -If you believe the category assigned above is incorrect, please
prqvlde supporting data. We haye given the nlan, as presented, as thorough a review as possible at this
pomt and our conunents or fmdmgs are as follows:
· We approve the concept as presented with the following considerations.
· Pleas~ inchlde a copy of this letter with your request for continued pre-application review or
penmt apphcatIon.
· Applicanf did provide current survey _ site plan -1L traffic study _ relating existing -1L
RE:
Conditions:
.
.
.
.
Parking space to be set back a minimum of 25 feet from edge of pavement.
Mitigation for dra~age impacts ~s required: pewa~ering to right-of-"Yay not permitted.
Any apPI:oved,medlan use IS subject to reVlSlon wl~h sub~eq~ent proJects.
FIxed objects m control zones must meet constructIon cntena
Dimensions between features are from the near edge of each feature unless otherwise
indicated.
Fav,?rable review of the prop9sal gener.ally means that you may develop plans complying wit~ the
ReVIew comments and subrmt them WIthin SIX months, to the Department forj)enmt processmg.
When permit requests are submitted subseq,uent to a Pre-application Review, Del!artnient penmts
personnel have the duties of checking the VIability of the design plans in terms or standards compliance
and constructibility. The Department will attempt to abide WIth the Review conunents favorable to
your plan to the extent that necessary discretion IS available to the Permits Engineer. Unfavorable
review generally means that a perrmt application based on the design proposaf would likely be denied.
If you should have any questions 1!lease contact us at the telephone number or e-mail address shown
above. Thank you for VIsiting with us.
SincerelY'~l'~~, /~ ._.,.__....--
LjCu// /
Clark D. Turberville, P.E.
District Permits Engmeer
CDT /jrna
Cc: Heslop Daley
Alan Rothmann
Andy Vaillancourt, P .E.
File: s:\pennit_d\pennits\conceptu\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
PUBLIC WORKS- Traffic
Comments: None
UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENTALIST
Comments: None
PLANNING AND ZONING
Comments: None
COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments:
1. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
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
DEVELOPM' T ORDER OF THE CITY COMMlf ''.:>N OF THE
Cl .-Y OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Schnars Business Center
APPLICANT'S AGENT: Jeffrey 1. 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
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
Ducoste-Amedee, Maxime
From:
Sent:
To:
Subject:
Galav, Lusia
Friday, February 14, 200310:15 AM
Ducoste-Amedee, Maxime
FW: Access
Max,
You can include this information in the staff report.
Lusia
-----Original Message-----
From: Kelley, David
Sent: Friday, February 14, 2003 10:12 AM
To: Galav, Lusia
Subject: RE: Access
Lusia:
You should also note that the driveway off of NE 9th Ave is replacing the original platted alleyway (in
the same location) therefore leaving the existing utilities accessible via the new driveway location. If
the variance is for Federal Highway, then the right-in, right-out access driveway is still recommended.
Dave....
-----Original Message-----
From: Galav, Lusia
Sent: Friday, February 14, 2003 10:05 AM
To: Kelley, David
Subject: RE: Access
Will do.
-----Original Message-----
From: Kelley, David
Sent: Friday, February 14, 2003 10:04 AM
To: Galav, Lusia
Cc: Rumpf, Michael; Ducoste-Amedee, Maxime
Subject: RE: Access
I would use the 120-foot distance for the variance on this application, noting in the justification
section that the Chapter 23 requirement did not change to meet the changes made in the
other chapters of the LDR during the first upgrade of the LDR approved by the City
Commission on 08/20/02, but staff is recommending the change in the next update (currently
in preparation).
Dave....
-----Original Message-----
From: Galav, Lusia
Sent: Friday, February 14, 20039:25 AM
To: Kelley, David
Cc: Rumpf, Michael; Ducoste-Amedee, Maxime
Subject: RE: Access
Thanks Dave.
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