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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 ... 1 in. = 300.0 feet .~\ ,~s?:,>.\ c' " \ i (C, .':) /' , I EXHIBIT "A" PCD PCD Home Dep t C3 LOCATION MAP PYLON INTERSTATE PlAZA Phase II LOCATION MAP 'I.,' I,. a (I) ~ ~ 11 -0 ~ :z I ~ . ~ . EXHIBIT B ~ C"l , 0 ~' !:O 01 "C 0 e' ~ ~ "i i t::J i f ~ I ~ : ! \ ~ , , \ , , \ (f) "1J I ~ 1m. 1 ~ Ui JiliI!I!li i i; Ii m =~I'II'!i'..1111 "' I' 1~~I!I'ila I iliI illlE J '.il III il II !.lliIO!II,IIII,1 i'l~iS II! II ! Ii 1!1~li'lIl; S l 1. _I {I~i aA 2 J"i A lq !; 11~.d" _ "I I!~ii ~!~ I~ ~ I, hS!id:a js I er- ~I · I I .; ~ ~ i ! ~ ~!! q ~ II I'~ q i n~~ q~~ I.! ~~ II l i 8 a ~ ;; I ~ 1111 I III .tU H8-_1 ~.II 1'- ..~. - .' If:>. i : = 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 _~.~J~~~ 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 "WOOLBRIGHT ROAD ASPtWJ ,,,vDtOU (ROAD P.B. 4, PG. 65, P/B,C.R.) ~ , . R_1655.65' A=03'57'36" A=126.34' CA.l~1A5IM n ~ r . \ , , 1 I \ I I ~ ) I ~ I I I~ , ; j; ~ ! ;; ;, ii ... 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 ~ 40.00. li ~ ~ \ , ~ i ~ ~ ~ 0 g;: 0 u '"' ~ ~ ~ :> i N !. o t z: <( -1 D.... ~ (/) FIGURE 2 _~.~b~~\ 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