AGENDA DOCUMENTS
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meeting: Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
~ December 5, 2006 November 20, 2006 (Noon.) D February 20, 2007 February 5, 2007 (Noon)
D January 2, 2007 December 18,2006 (Noon) D March 6, 2007 February 20, 2007 (Noon)
D January 16, 2007 January 2.2007 (Noon) D March 20, 2007 March 5, 2007 (Noon)
D February 6, 2007 January 16, 2007 (Noon) D April 3,2007 March 19,2007 (Noon)
D PutnouncementsfPresentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda D Legal
D Code Compliance & Legal Settlements D UnfInished Business
~ Public Hearing D
RECOMMENDATION: Please place this request on the December 5, 2006 City Conunission Agenda under
Public Hearing. The Planning and Development Board on November 28, 2006, recoIl1l11ended that the subject request be
approved. Staff respectfully requests that this item be processed expeditiously to the December 5th Conunission meeting
given the cancellation of the December 19th meeting. For further details pertaining to the request, see attached Department
Memorandwn No. 06-208.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Pylon Interstate Plaza (ZNCV 06-010)
Jason Mankoff, Weiner & Aronson, P.A.
Chambers Properties, LLC and Pylon Plaza, LLC
1501 Corporate Drive
Request for relief from the City of Boynton Beach Land Development Regulations,
Chapter 2, Zoning, Section 11, Supplemental Regulations, H.16.d(19), for a variance of
49 parking spaces, from 248 to 199 spaces, to allow medical uses to occupy up to 50
percent of the office space, within the C-I0ffice and Professional COIl1l11ercial zoning
district.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
Developmen
City Manager's Signature
Planmng and Z City Attorney / Finance
S:\Planning\SHARED\WP\PROJE TS\Pylon Interstate Plaza\ZNCV 06-010\Agenda Item Request Pylon INterstate Plaza ZNCV 06-010 12-5-06.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
Assistant to City Manager
TO:
THRU:
FROM:
DATE:
PROJECT NAME/NO:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-208
STAFF REPORT
Chair and Members
Planning & Development Board and City Commission
Michael W. RumpW
Planning and Zoning Director
Ed Breese ~
Principal Planner
November 16, 2006
Pylon Interstate Plaza / ZNCV 06-010
Request for relief from the City of Boynton Beach Land Development
Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations,
H.16.d(19), for a variance of 49 parking spaces, from 248 to 199 spaces, to
allow medical uses to occupy up to 50 percent of the office space, within the
C-l Office Professional zoning district.
Property Owner:
Applicant! Agent:
Location:
Acreage:
Proposed Use:
Zoning District:
Adjacent Uses:
North:
South:
East:
West:
PROJECT DESCRIPTION
Chambers Properties, LLC and Pylon Plaza, LLC
Jason Mankoff, Weiner & Aronson, PA
1501 Corporate Drive (see "Exhibit A" - Location Map)
124,581 square feet / (2.86 acres)
Office Buildings
Office Professional (C-l)
Right-of-way for Woolbright Road, then farther north is developed commercial
property (Racetrac gas station), zoned Community Commercial (C-3);
Vacant industrial property (retention pond for Boynton Commerce Center), zoned
Planned Industrial Development (PID);
Right-of-way for Corporate Drive, then farther east is developed commercial
(Lowe's), zoned Community Commercial (C-3);
Right-of-way for Lake Worth Drainage District (LWDD) E-4 Canal, then farther west
Staff Report
Memorandum No PZ-06-208
Page 2
is developed commercial (First Southern Bank). To the southwest, a 60+/- foot
portion of the subject property is adjacent (across the canal) to developed
residential property (Leisureville), zoned Single-family residential (R-1AA).
BACKGROUND
Mr. Jason Mankoff, agent for Chambers Properties, LLC and Pylon Plaza, LLC is seeking zoning code variance
approval of 49 parking spaces, from 248 to 199 spaces, to allow medical uses to occupy up to 50 percent of
the office space currently existing and approved for construction on the site. The property is located at the
southwest corner of Woolbright Road and Corporate Drive and offices are permitted uses in the C-l zoning
district. Currently one (1) 30,188 square foot office building exists on the site, which was approved as the
first phase of a two-phase project in 1984. On June 20, 2006, the City Commission granted approval for
phase two of the project, which proposed the construction of a 29,419 square foot office building. In each
case, the site plans were approved with a code compliant office parking calculation of one (1) parking space
for each 300 square foot of gross floor area. The applicant would like to be able to attract medical tenants to
the buildings, however the parking calculation for medical office is one (1) parking space for each 200 square
foot of gross floor area. Within the current office building, there are two existing medical tenants. The
approved plans for site ("Exhibit B") indicate a total of 200 parking spaces to be provided and 199 spaces
required under the general office calculation (one (1) parking space for each 300 square foot of gross office
space), an excess of one (1) parking space and insufficient, according to code, to accommodate medical
tenants.
The applicant has hired Tinter Associates, Inc., Transportation Engineers, to prepare a parking study, in order
to analyze the existing parking usage and determine the impact on the allotted parking for the site if the
project was permitted to accommodate up to 50% medical tenants. The consultant has determined, based
upon current parking demand and building design, that a variance of 49 parking spaces, which would
accommodate up to 50% medical tenants, is substantiated (a copy of that study is attached as "Exhibit C").
ANALYSIS
Staff reviewed the requested variance focusing on the applicant's response to criteria a - g below (see
Exhibit "D"). 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
On the surface, no circumstances appear to be peculiar to the land on which this structure exists and
the second building to be built. The applicant suggests that the property is one of the smaller C-l
Office Professional parcels, however there would appear to be smaller office parcels fronting the
Woolbright Road corridor than the one in question. The applicant's consultant also notes that the
design of the buildings' f100rplan greatly decreases the true amount of office space within the
buildings, with the inclusion of atriums not typical of most buildings, and the deduction for hallway
space, stairways, mechanical rooms and maintenance closets. The study concludes that these spaces
total approximately 22% of each building and if not used in the square footage calculation would
make an additional 44 parking spaces available. However, City code H.16.d(19) states that, " Medical
and dental clinics, offices and office buildings: One (1) parking space per two hundred (200) square
feet of orossfloor area". This calculation would take into consideration all of the space within the four
walls of the building. The application did not compare the f100rplan of these buildings to other office
Staff Report
Memorandum No PZ-06-208
Page 3
buildings in an effort to demonstrate the peculiar nature or special conditions not applicable to other
buildings in the same zoning district. The applicant did however note other municipal zoning codes
relative to medical office parking regulations. For instance, the City of Deerfield requires four (4)
parking spaces per doctor plus one (1) space for each 300 square feet of floor area used for office
purposes. The City of Pompano Beach requires three (3) parking spaces per doctor and one (1) space
for each 250 square feet of floor area used for office purposes.
b. That the special conditions and circumstances do not result from the actions of the applicant
The applicant states that the changing market demands for additional medical offices are the reason
for the parking variance application. Obviously with the aging population in the region and the close
proximity to Bethesda Memorial Hospital, the demand for doctors offices in the immediate vicinity
makes a great deal of sense. It would be difficult to argue that the circumstances surrounding the
need for a parking variance are not the result of actions of the applicant. In the Phase I building,
some of the parking for Phase II was constructed to complete the site layout between the curbcuts.
With this excess parking, there was an adequate number of spaces to accommodate some medical
tenants. In order to meet the parking code requirements, the applicant always has the opportunity
with new construction to reduce the building square footage to meet the amount of parking provided.
However, in most cases, staff is presented with the common response that the project would no
longer be financially feasible. And in many cases, the applicant is correct, either based upon what he
paid for the property, increased construction costs, and/or reasonable tenant lease pricing.
c. That granting of 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.
The applicant has stated that the granting of this variance request will not confer any special
privilege, and that it would not be disruptive to the surrounding area. The applicant has gone to the
extent of having a parking study prepared to illustrate the current demand on parking. Based upon
the on-site survey of parking spaces occupied at different times of the day, an analysis of the tenant
occupancy type, and vacancy rate, the consultant concludes there is adequate parking available.
Based upon the amount of parking spaces allocated to just the Phase I building, the maximum
percentage of parking spaces occupied during the four (4) day observation period was 66%, while the
least amount was 44%, with the average being approximately 57%. With the occupancy rate at
91.67% (11 of the 12 office suites were occupied at the time of the study), and two (2) medical
tenants leasing 24% of the building space, the consultant again concludes that the proposal to allow
50% of the total office space be leased to medical tenants would not be detrimental to the City. The
medical field however has specialists, with varying degrees of intensity of patient contact and number
of patients seen in any given day. While the parking appears to adequately accommodate the current
office and medical mix, it should be understood that a more parking intense tenant could create
issues for patients and clients seeking a parking space.
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.
The applicant states that the variance furthers the reasonable use of the property and does not
negatively impact the surrounding area. Further, that the lack of a variance would have a substantial
impact on the marketability of the project, which would deprive the applicant of the reasonable
economic benefit of the property, as enjoyed by others in the zoning district. As noted many times in
staff reports involving variances, economic hardship is not one of the criteria or factors to be taken
into consideration when determining if there are site specific limitations that warrant the granting of a
Staff Report
Memorandum No PZ-06-208
Page 4
variance. While staff does not totally ignore issues involving economic hardship, it is secondary to the
stated criteria in this report (variance justifications "A" through "G", contained herein).
e. That the variance granted is the minimum variance that will make possible the reasonable use of the
land, building, or structure.
According to the applicant, the granting of the variance is a minimal requirement to make reasonable
use of the property for medical office. The applicant further notes that, as previously stated, codes in
other municipalities would accommodate the request for medical use in the office space without the
requirement of a variance. The consultant points out that the removal of non-Ieaseable office space,
atriums, hallways, and mechanical and storage spaces, in and of itself would reduce the parking
requirement by 44 parking spaces, only requiring a variance offive (5) spaces instead of 49. The fact
that the applicant only requested 50% of the office space for medical use purposes does indicate an
acknowledgement on the part of the applicant of reasonableness in the request.
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.
In response to this criteria, the applicant again concludes that the variance would not be injurious to
the neighborhood and in fact, would be beneficial to the nearby residents who would have access to
medical offices in close proximity to their homes. Staff inspected the premises on several occasions to
determine the validity of the parking study and found the parking lot highly underutilized. While there
is no way to ensure that, as tenants come and go and the operational characteristics of the tenant
mix change, that the parking demand will not be affected. Based upon present day assumptions, the
parking study as presented appears correct in its conclusion that the requested variance will not be
detrimental to the public welfare. It should be understood, if the variance is granted and a parking
problem does arise, there is no convenient/overflow parking in the immediate vicinity (like on-street
parking) for the use of the patrons of the building, which may adversely affect the building tenants.
g. For variances to minimum lot area or lot frontage requirements, that property is not available from
adjacent properties in order to meet these requirements, or that the acquisition of such property
would cause the adjacent property or structures to become nonconforming. Applicant shall provide an
affidavit with the application for variance stating that the above mentioned conditions exist with
respect to the acquisition of additional property.
Since the request is for relief from the parking regulations, this particular criteria is not applicable.
RECOMMENDATION
Nearly all variances would likely be denied if based solely on g1l criteria for determining hardship as stated in
the land Development Regulations, Chapter 1.5, Section 4.1. However, the hardship appears to be self
imposed and could be avoided by reduction in the size of the second building yet to be constructed, but as
noted in the staff report, this may not be economically feasible. Therefore based upon the hardship criteria
alone, staff recommends that this request be denied. However, should the City Commission choose to
approve this request based on its particular merits, rather than on traditional hardship, staff notes the
following:
1. Staff has inspected the site on several occasions and found the parking lot underutilized;
2. The need for medical office space in proximity to Bethesda Hospital is high; and
Staff Report
Memorandum No PZ-06-208
Page 5
3. The buildings are in close proximity to a considerable amount of residential units and a senior
population.
No conditions of approval are recommended; however, any conditions of approval added by the Planning &
Development Board or the City Commission will be placed in Exhibit "E" - Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\Pylon Interstate Plaza\ZNCV 06-010\Staff Report.doc
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EXHIBIT "A"
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LOCATION MAP PYLON INTERSTATE PlAZA Phase II LOCATION MAP
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PYLON INTERSTATE PLAZA
PHASE "
. STEVEN L. COHEN
AND ASSOCIATES, P.A.
~ - INTaaIIMII D..I_NCRa
a..., w~ CYP"E.. gRElEK RD. .UITE 11;1.
FDRT LAUDa:"~~~_~~~l~~~ ~~_
15(11 CORPORA;[ ORM
SOYN ION BEACH, fL 33426
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EXHIBIT "e"
Tinter Associates, Inc. Transportation Engineers
1 .
PARKING VARIANCE STUDY
Pylon Interstate Plaza
1501 Corporate Drive
Boynton Beach, Florida
Tinter Project No. 06-2052
Prepared For:
Chambers Properties, LLC
1501 Corporate Drive, Suite 150
Boynton Beach, Florida 33426
Prepared by:
~\
Tinter Associates, Inc. . Transportation Engineers
3303 West Commercial Boulevard. Suite 20 I. Ft. Lauderdale, Florida 33309
Voice (954) 484-3633. Fax (954) 484-9612
Web Site http://www.tinter.com
October 2006
06-2052
Page 2
Copyright @ 2006 Tinter Associates, Inc. All rights reserved
Pylon Interstate Plaza - 06-2052
_~.~1_~~
Tinter Associates, Inc. Transportation Engineers
TABLE OF CONTENTS
INTRODUCTION............................................................................................................ 4
EXISTING CONDITIONS AND CURRENT USAGE........................................................ 8
PARKING COUNTS... .............................. ......... ... ............ ......... ......... .............. 9
CONTRIBUTING FACTORS.......... ........ .... .... ........... ........ ........................... ... ... ........... 10
REQUESTED VARIANCE AND RATIONALE ...................... ..... ................. ................... 10
FIGURES:
FIGURE 1 - PROJECT SITE lOCATION - AERIAL ViEW............................................ 5
FIGURE 2 - PROJECT SITE PLAN ............................................................................... 6
APPENDICES:
APPENDIX A:
APPENDIX B:
PARKING COUNT DATA
EXISTING SITE PARKING PHOTOGRAPHS
Copyright @ 2006 Tinter Associates, Inc. All rights reserved
Pylon Interstate Plaza - 06-2052
Page 3
_~.~hU.~~
Tinter Associates, Inc. Transportation Engineers
PYLON INTERSTATE PLAZA
INTRODUCTION
Tinter Associates, Inc. has been retained by Chambers Properties, llC, to perform a Parking
Variance Study for the property located at 1501 Corporate Drive in Boynton Beach known as
Pylon Interstate Plaza. This 2.86 acre site is located on the corner of Woolbright Road and SW
7th Court (Corporate Drive). (See FIGURE 1). The property has one entrance/exit on the
northwest side to Woolbright Road and two entrance/exits on Corporate Drive. There is a gated
parking area underneath the building that provides 35 parking spaces.
A two story building of comparable size on the west side of the existing building is planned.
(See FIGURE 2, drawing A-1.1, dated 02-16-2006)
Figlire 1 shows an aerial view of the site locations for both developments.
Figure 2 shows the site plan and geographical relationship of both buildings
The Boynton Beach Building Code requires one parking space for each 300 square feet for
General Office usage, and one parking space for each 200 square feet of Medical Offices. The
original approval for the Pylon Interstate Plaza contemplated General Office usage. Therefore,
for the existing building of 30,188 square feet Gross Floor Area (GFA) , 101 parking spaces are
required under the General Office category. For the proposed building of 29,419 square feet
GFA under the General Office category, 98 parking spaces are required. This makes a total
requirement of 199 parking spaces. FIGURE 2 shows that .199 parking spaces are provided,
so the Boynton Beach Code has been satisfied for General Office usage.
Copyright @ 2006 Tinter Assodates, Inc. All rights reserved
Pylon Interstate Plaza - 06-2052
Page 4
,:, Tinter Associates, Inc.
. . .. Transportation Engineers
; _ 3303 W. Commercial Blvd. Ste. 201
.' Ft. Lauderdale, FL 33309-3412
www.tinter.com (954) 484-3633 Fax: (954) 484-9612
FIGURE
Pylon Interstate Plaza
Location Map
1
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Pylon Interstate Plaza
,:, Tinter Associates, Inc.
Transportation Engineers
_ 3303 W. Commercial Blvd. Ste. 201
Ft. Lauderdale, FL 33309-3412
www.tinter.com (954) 484-3633 Fax: (954) 484-9612
Architect's Site Plan
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FIGURE
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Tinter Associates, Inc. Transportation Engineers
Due to the need for Medical Offices in the City of Boynton Beach (City), the City will be better
served by revising the use of Pylon Interstate Plaza to include 50% General Offices and 50%
Medical Offices. Under the Boynton Beach Code, this change would require an additional 49
parking spaces as follows:
50% General Office and 50% Medical Office
Existing Building - General Offices = 50 Parking Spaces required
- Medical Offices = 75 Parking Spaces required
Total Requirement For The Existing Building = 125 Parking Spaces
Proposed Building - General Offices = 49 Parking Spaces required
- Medical Offices = 74 Parking Spaces required
Total Requirement For The Proposed Building = 123 Parking Spaces
Thus, the grand total for both buildings utilizing 50% General Office and 50% Medical Office
usage is 125 + 123 = 248 parking spaces. Since 199 parking spaces are provided I the variance
request is for 49 parking spaces.
This report substantiates a Parking Variance Request for 49 Parking Spaces for the Pylon
Interstate Plaza.
Copyright @ 2006 Tinter Associates, Inc. All rights reserved
Pylon Interstate Plaza - 06-2052
Page 7
_~.~J~~~
Tinter Associates, Inc. Transportation Engineers
EXISTING BUILDING CONDITIONS AND CURRENT USAGE
The existing building at Pylon Interstate Plaza consists of the following twelve suites:
SUITE
TENANT
NET SQUARE FEET
100
101
120
140
150
200
220
230
240
250
280
290
Wells Fargo
Peninsula Bank
Community Development Foundation
Michael J. Konzela, DDS
Chambers Properties, llC
Ameriprise Financial
Barry University
Barry University
Kenneth lee, M.D.
Regional Property & Casualty
Keating Investments
Webb & Company, P.A.
1416
4055
3600
1467
1480
1622
1894
1992
4295
405
743
706
Total leased Space = 23,675 square feet
The two Medical Offices total 5,762 square feet. This equals 24% of the total leased
space .
There is a loss factor in the utilization of the building from the atrium, hallways,
stairways, mechanical rooms and maintenance closets. For the existing building the
GFA is 30,188 square feet. The total leased space is 23,675 square feet. This amounts
to a loss factor of 22% (30,188 - 23,675 = 6513 square feet; 6513 divided by 30,188 =
22%) . This loss factor of 6513 square feet equates to 22 parking spaces; 6513 divided
by 300 square feet = 22 parking spaces.
Copyright @ 2006 Tinter Associates, Inc. All rights reserved
Pylon Interstate Plaza - 06-2052
Page 8
-~.~>:~~~
Tinter Associates, Inc. Transportation Engineers
The proposed building is expected to have a similar loss factor as it follows the original
design of the existing building and a corresponding difference of 22 parking spaces.
Thus, using the Boynton Beach Code for General Offices and only considering the
actual leased space, a reduction of 44 parking spaces could be postulated without the
need for any further analysis of the site.
PARKING COUNTS
A four day (weekday) count program monitoring 96 parking spaces was conducted on
the Pylon Interstate Plaza from Thursday, August 10, 2006 through Tuesday August 15,
2006. (However, 33 of these parking spaces are part of Phase II ; 96-33 = 63 )
This data is presented in APPENDIX A. If the 33 Phase II parking spaces are
discounted from the data, there is still a large surplus of parking as indicated in TABLE
1.
Table 1
58%
66%
63%
44%
This data shows that over four different days (Thursday, Friday, Monday, and
Tuesday,) there were significantly less than 66% of the 63 Phase I parking spaces being
utilized. The corresponding occupancy rate of the office suites at the time of the parking
counts was 91.67%. There are twelve suites and only one was unoccupied at that time.
Copyright @ 2006 Tinter Associates, Inc. All rights reserved
Pylon Interstate Plaza - 06-2052
Page 9
_~.~J~~~
Tinter Associates, Inc. Transportation Engineers
CONTRIBUTING FACTORS
The Pylon Interstate Plaza is conveniently located in the City and as such, enjoys the
services of various modes of transportation that do not consume parking spaces. For
example, there is a shuttle bus service, ATRIA-MERIDIAN, (561-965-7200) that
regularly makes two trips a day on Tuesdays, Wednesdays, and Thursdays delivering
and picking up patients for Dr. Lee (Suite 240). Some patients arrive by taxi. There are
several other transportation companies that perform similar services for Dr. Lee, but no
data has been forthcoming to date.
The two suites that are occupied by Barry University (220 and 230) are only used during
the evening hours to train firefighters and police officers. During the daytime hours, only
3 or 4 staff personnel are present in these offices.
REQUESTED VARIANCE AND RATIONALE
The requested variance for the Pylon Interstate Plaza development of 49 parking
spaces is not detrimental to the City. This report clearly proves that the variance is
supportable and the corresponding change from 100% General Office usage to 50%
General and 50% Medical would not be a detriment to the City and its residents.
Copyright @ 2006 Tinter Associates, Inc. All rights reserved
Pylon Interstate Plaza - 06-2052
Page 10
Parking Table
53
39
4
96
55
37
4
96
Frid~y. August 11. 2006
10.00am
Emptv Parkina Spaces 59
Occupied Parking Spaces 33
Handicap Spaces 4
Total 96
3.00pm
Empty Parking Spaces 57
Occupied Parking Spaces 35
Handicap Spaces 4
Total 96
Data Provided by: Jason s. Mankoff
Weiner & Aronson, PA,
102 N. Swinton Avenue,
Delray Beach, Florida, 33444
Monda.y, August 14. 2006
10.00am
Empty ParkinQ Spaces 55
Occupied Parking Spaces 37
Handicap Spaces 4
Total 96
3.00pm
Empty Parking Spaces 50
Occupied Parking Spaces 42
Handicap Spaces 4
Total 96
Tuesday. August 15. 2006
10.00am
Empty Parking Spaces 52
Occupied Parking Spaces 40
Handicap Spaces 4
Total 96
3.00pm
Empty Parking Spaces 64
Occupied Parking Spaces 28
Handicap Spaces 4
Total 96
Tinter Project # 06-2052
Stater: ~t of Special Conditions, He.... / -'hips or
Reasons Justifying the Requested Exception or Variance
EXHIBIT "0"
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;
Special conditions and circumstances exist peculiar to this parcel of land that are not
applicable to other parcels of land in the same zoning district. This parcel of the Boynton
Commerce Center is one of the smaller parcels in the C-1 zoned center. In fact, there is a
surplus of existing parking spaces onsite as evidenced by the enclosed photographs taken at
the site at 10:00 am and 3:00 pm over various days of the week, as provided on the enclosed
table indicating the approximate available parking spaces at certain peak times. At all times,
over 50% of the exterior parking spaces were available. Thus, there will clearly not be a
negative impact in anyway on other tenants or guests of the center.
B. That the special conditions and circumstances do not result from the actions of
the applicant;
The changing market demands for additional medical offices are the reason that the Applicant
is requesting this Variance. In fact, most of the patients travel to the site in vans and do not
drive their own cars. Additionally, the doctors work at scattered hours so there is minimal
impact on the parking situation. Moreover, the doctors and staff have gated entry into the
underground garage.
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;
Granting the Variance will allow the Applicant reasonable use of the property which would not
be excessive for the subject lot. The Variance is compatible with the provisions and intent of
the Code as it will not be disruptive to the surrounding area. No special privilege will be given
to the Applicant.
D. That literal interpretation of the provIsions of this chapter 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;
A literal interpretation of the Code would be an unnecessary and undue hardship upon the
Applicant. The Variance furthers the reasonable use of the property and does not negatively
impact the surrounding area. The lack of the Variance would have a substantial impact on the
marketability of the project which would deprive the Applicant of the reasonable economic
benefit of the property, as enjoyed by others in the zoning district.
E.
That the varian' ,aranted is the minimum variaa
reasonable use",. the land, building or structure;
that will make possible the
The granting of the Variance is a minimal requirement to make reasonable use of the property
for a medical office. The site layout does not allow for alternative design options. In fact,
. other municipal code requirements for medical offices are less stringent and would not even
require the need for a variance. For instance, the City of Deerfield Beach requires four (4)
spaces per doctor plus one (1) space for each 300 square feet of floor area used for office
purposes and the City of Pompano Beach requires three (3) spaces per doctor plus one (1)
space for each 250 square feet of floor area used for office purposes. The square footage
dedicated for office purposes generally excludes about 25% of the actual square footage due
to the exclusion of common areas, hallways and bathrooms. Thus, the proposed Variance is
reasonable and the minimum way to achieve the desired intent.
F. That the granting of the variance will be in harmony with the general intent and
purpose of this chapter and that such variance will not be injurious to the area
involved or otherwise detrimental to the public welfare.
The request is consistent with the intent of the Code to promote a better quality environment
and promote the public welfare. The approval of the Variance will certainly not be injurious to
the neighborhood or otherwise detrimental to the public. In fact, the requested relief will be
beneficial to the neighboring properties and nearby residents who will have access to nearby
medical offices, especially since many residents greatly appreciate being in close proximity to
their doctors.
G. Variances to minimum lot area or lot frontage requirements, that property is not
available from adjacent properties in order to meet these requirements, or that
the acquisition of such property would cause the adjacent property or structures
to become nonconforming. Applicant shall provide an affidavit with the
application for variance stating that the above mentioned conditions exist with
respect to the acquisition of additional property.
Not applicable.
?
EXHIBIT "E"
Conditions of Approval
Project name: Pylon Interstate Plaza
File number: ZNCV 06-010
Reference:
DEP ARTMENTS INCLUDE REJECT
PUBLIC WORKS- Solid Waste
Comments: None X
PUBLIC WORKS - Forestry & Grounds
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
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments: None X
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:\Planning\SHARED\ WP\PROJECTS\Pylon Interstate Plaza\ZNCV 06-01 O\COA.doc