AGENDA DOCUMENTS
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
~ 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 AnnoWlcements/Presentations 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 tabled item on the December 5, 2006 City Commission Agenda Wlder
Legal, Ordinance - Second Reading, Wlder the corresponding items for annexation, land use amendment and rezoning to
coincide with fmal consideration of the land use and zoning changes. For further details pertaining to the request, see
attached Department Memorandum No. 06-179.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
The Office @ Bamboo Lane (ZNCV 06-011)
Michael Hanlon, HNM Architecture, LLC
Nigel Development, Inc. / Jaime Mayo, President
3847 North Federal Highway, Delray Beach, east side of Federal Highway, south of
Bamboo Lane, west of Palmer Road
Request relief from Chapter 2. Section 6.C.3. of the Land Development Regulations,
requiring a minimum lot area of 15,000 square feet in the Community Commercial (C-3)
zoning district, to allow development ofa lot of 11,578 square feet, representing a
variance of 3,422 square feet.
Proposed use:
Professional business office
PROGRAM IMPACT:
FISCAL IMP ACT:
ALTERNATIVES:
Developme
r
City Manager's Signature
Assistant to City Manager
Planning and . g Director City Attorney / Finance
S:\Planning\SHARED\WP\PROJ CTS\Bamboo Lane\ZNCV 06-01 I \Agenda Item Request The Office@BambooLaneRezoneZNCV06-011 12-5-06.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
TO:
THRU:
FROM:
DATE:
PROJECT NAME I NO:
REQUEST:
)EVELOPMENT DEPARTMENT
pLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-179
STAFF REPORT
Chairman and Members
Community Redevelopment Agency and City Commission
'\ I)'\Z----
Michael W. Rumpf /'J-Y'
Planning and Zoning Director
Kathleen Zeitler (.0
Planner
October 17, 2006
The Office at Bamboo Lane I ZNCV 06-011
Request for relief from the City of Boynton Beach Land Development
Regulations, Chapter 2, Zoning, Section 6.C.3., requiring a minimum lot area
of 15,000 square feet, to allow a minimum Jot area of 11,578 square feet (a
variance of 3,422 square feet) for a proposed professional business office
building within the Community Commercial (C-3) zoning district.
Property Owner:
Applicant! Agent:
Location:
Acreage:
Proposed Use:
Zoning District:
Adjacent Uses:
North:
South:
East:
PROJECT DESCRIPTION
Jaime Mayo, Nigel Development, Inc.
Michael Hanlon, HNM Architecture, LLC
3847 North Federal Highway (southeast corner of North Federal Highway
and Bamboo Lane)
0.265 acre (11,578 square feet)
Professional Business Office
Community Commercial (C-3)
Bamboo Lane (private ingress-egress easement), and farther north is property
classified High Density Residential (HDR) and zoned Infill Planned Unit Development
(IPUD) (forthcoming Estancia at Boynton Beach project);
Developed commercial property classified as Palm Beach County Commercial High
Intensity (CHIS) land use and zoned Palm Beach County General Commercial (CG)
(Carlson's Lawn and Garden Supply store);
Right-of-way for Palmer Road, and farther east is developed single-family residential
classified as Palm Beach County Medium Density Residential (MR-5) land use and
zoned Palm Beach County Single-Family Residential (RS); and,
Staff Report ZNCV 06-011
Memorandum No PZ-06-179
Page 2
West: Right-of-way for Federal Highway, then farther west is developed commercial property
classified as Palm Beach County Commercial High Intensity (CHIS) land use and zoned
Palm Beach County General Commercial (CG) (Cantway Building Specialties).
BACKGROUND
The subject property is currently an undeveloped lot located at the southeast corner of North Federal
Highway and Bamboo Lane (see Location Map - Exhibit "A"). The 0.265-acre parcel is situated within the
City's future annexation area and within Planning Area 5 of the Federal Highway Corridor Community
Redevelopment Plan, which has the role of being the southern entrance into the City. In conjunction with this
request, the applieant is also requesting annexation (ANEX 06-008), a future land use amendment to LRC and
rezoning to C-3 (LUAR 06-021), and new site plan approval (NWSP 06-023).
Prior to annexation, the subject property was in unincorporated Palm Beach County and zoned Commercial,
General (CG). The 0.265-acre (11,578 square feet) lot is considered a valid noneonforming lot by Palm
Beach County regulations, which require a minimum lot size of 1.0 acre (43,560 square feet) in the CG zoning
district. The requested C-3 zoning district requires a minimum lot size of 15,000 square feet (0.34 acre),
therefore the lot would be eonsidered a valid nonconforming lot per City regulations as well. The Land
Development Regulations, Section 11.1.C.8.a., which addresses nonconforming lots states: "For
noneonforming lots which are vacant or are proposed to be cleared and redeveloped, a variance shall be
required prior to the construction of any structures or establishment of any use on the lot or pareel". The
applicant is requesting a variance of 3,422 square feet to the minimum lot size in C-3 in conjunction with the
new site plan. Variance approval would result in the subject property being considered a conforming lot.
The applicant is requesting a variance to minimum lot area to construct a professional business office
building, which is a permitted use in the C-3 zoning district. The subject property complies with all C-3
requirements, with the exception of minimum lot area of 15,000 square feet (see Survey - Exhibit "B"). The
project will comply with all other minimum requirements of the C- 3 regulations as well as all other applicable
development regulations, including the Urban Commercial District Overlay Zone (Federal Highway Corridor
Community Redevelopment Plan).
ANALYSIS
Staff reviewed the requested varianee focusing on the applicant's response to eriteria a.- g. below (see Exhibit
"C"). 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.
The subject property is eonsidered a nonconforming lot because it does not meet the minimum lot
size of the C-3 zoning district regulations. The applicant requested the City's C-3 zoning for the
following reasons: (1) C-3 corresponds with the property's current CG zoning district; (2) C-3
corresponds with the City's LRC future land use designation for the area; (3) C-3 is the only
commercial zoning district in this area along Federal Highway; and (4) C-3 regulations state it is
intended for commercial facilities located adjacent to at least one major thoroughfare. The parcel was
created many years ago, and is considered a valid nonconforming lot based on both County and City
requirements. Section 11.1.C.S.a Non-Conforming lot regulations, requires a variance prior to
construction on any nonconforming lot which is vacant or to be redeveloped. A variance to the
minimum lot area of 15,000 square feet in the C-3 zoning district Is necessary in order to build on the
lot.
Staff Report ZNCV 06-011
Memorandum No PZ-06-179
Page 3
The applicant's justification statement for the variance request explains that if the unplatted Bamboo
Lane ingress-egress easement had been constructed per the unfiled plat of R. P. Swetman, the
location of the road would be north of its present location, and the subject parcel would have
complied with the minimum lot area of 15,000 square feet required in the C-3 zoning district.
b. That the special conditions and circumstances do not result from the actions of the applicant.
The applicant purchased the subject property in its current configuration in February, 2005. Based on
available public records, it appears that the subject parcel was created many years ago and
grandfathered as a valid, nonconforming lot (due to lot size) in unincorporated Palm Beach County.
The applicant requested the City's C-3 zoning for the following reasons: (1) C-3 corresponds with the
property's current CG zoning district; (2) C-3 corresponds with the City's LRC future land use
designation for the area; (3) C-3 regulations state it is intended for commercial facilities located
adjaeent to at least one major thoroughfare; and (4) C-3 is the only commercial zoning district in this
area along Federal Highway and other eommercial zoning would be considered "spot" zoning.
The parcel is bound on the east and west by rights-of-way and on the north by an ingress/egress
easement. The applicant has attempted to meet the minimum lot area requirement by trying to
purchase the adjacent lot to the south (Carlson Lawn and Garden Center) to assemble with the
subject property. However, the adjacent property owner is unwilling to sell.
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.
The Land Development Regulations set forth the minimum requirements for the development of a lot.
In addition, the provisions for noneonforming lots (if vacant or to be redeveloped) require a variance
prior to the issuanee of a permit for eonstruction or use of the lot. Many lots in the area of the
subject property are similarly nonconforming lots due to lot size. The area is slated for future
annexation and redevelopment, and these parcels, unless assembled, are not of sufficient size to
support a residential project. Therefore they will likely be similarly rezoned to C-3 and will require
variances to the lot area prior to development. The proposed office building project will comply with
all other applicable requirements.
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
Precedent has been set, as City records indicate that many variances have been granted over the
years for minimum lot size. Many lots in the area of the subject property are nonconforming to lot
size and were developed years ago. Many of these lots are now in poor condition and in need of
redevelopment. Literal interpretation of this criteria would deprive the applicant the right to develop
the property. The proposed office building would be a positive benefit to the general area which is
located at the southern entrance into the City.
e. That the variance granted is the minimum variance that will make possible the reasonable use of the
land, building, or structure.
Staff Report ZNCV 06-011
Memorandum No PZ-06-179
Page 4
The proposed professional business office building will comply with all development regulations such
as lot frontage, applicable setbacks, maximum lot coverage, and building height, with the exception of
meeting the minimum lot area of 15,000 square feet required in the C-3 zoning district. The applicant
has requested annexation, land use amendment and rezoning, and new site plan approval in addition
to the variance request. Without the requested variance, -the applicant will not be able to obtain a
building permit to construct the office building and will therefore not have reasonable use of the land.
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.
The area of the subject property includes many substandard lots by current regulations. The
establishment of the noneonforming lot provisions clearly dictate the requirements for variances to
vacant lots and those to be redeveloped. Approval of the subject variance would not represent a
further reduction in the minimum development standards within this redevelopment area, and will
provide a minimal contribution to the economic value of the area and tax base for the city. Further,
property size will limit development to a lower intensive use, such as a small office use, which would
be reasonably eompatible with the adjacent neighborhood.
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 nonconfonning. 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.
The applicant provided a statement confirming that adjacent properties are not available to make the
subject parcel conforming in order to eliminate this variance request. The property fronts roads on
three (3) sides. The only adjacent property is the parcel to the south (Carlson's Lawn and Garden
Supply store) which is a developed commercial property classified as Palm Beach County Commercial
High Intensity (CHIS) land use and zoned Palm Beaeh County General Commercial (CG). This
adjacent parcel is currently considered to be a nonconforming lot due to lot size, since the minimum
lot size in the CG zoning district is one (1) aere. If the adjacent property owner sold a portion of their
developed property to the applicant, their nonconforming lot would become even more
nonconforming to minimum lot size, and potentially other development regulations as well. The
applicant states that the purchase of the entire adjacent parcel is not possible due to the property
owner's refusal to sell.
RECOMMENDATION
Staff recommends approval of the requested variance based on the finding of "hardship". Staff concurs with
the applicant that special conditions and circumstances exist that are not the result of actions by the
applicant. This request will not be injurious or detrimental to the area, and the variance requested is the
minimum necessary to make possible the reasonable use of the land. Staff also concludes that approval of
the requested variance will not contradict the vision the community has for this area.
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 ExhIbit "0" - Conditions of Approval.
MR/kz
S:\PIannlng\SHARED\ WP\PROJEcrs\Bamboo Lane\ZNCV 06-011 \Stan' Report.doc
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EXHIBIT "A" - LOCATION MAP
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EXHIBIT B
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NIGEL DEVEL r-'PMENT, INC:.
3705 NDRTH F"EDERA", "IDHWAY
DELRAY BEADH. F"LORIDA 334B3
TELl 561.733.2225
F'AXI 561.733.23B3
EXHIBIT C
RE: 3847 NORTH F"EDERAL Hwv. OELRAY 8EACH, F'L 33483
PRO.JECT NAME: THE OFFICE AT BAMBOO LANE
ZONING CODE VARIANCE ApPLICATION FOR MINIMUM LOT AREA OF 15,000 a.F.
A. THE SUB.JECT PROPERTY HAS EXISTING CONDITIONS ANO SPECIAL CIRCUMSTANCES
THAT ARE PECULIAR TO THE LANO AND THAT ARE NOT APPLICABLE TO OTHER
PROPERTIES IN THE SAME ZONING DISTRICT. THE SUBJECT PROPERTY HAS AN
INGRESS-EGRESS EASEMENT FROM BAMBOO LANE. BAMBOO LANE HAS NEVER BEEN
PLATTEO AND WAS NEVER CONSTRUCTED PER THE UNFILLED PLAT OF R.P.
SWETMAN. PER THE SURVEY, THE 30 FT. RIGHT OF WAY FOR BAMBOO LANE SHOULD
HAVE BEEN LOCATED FURTHER NORTH. THIS WOULD HAVE LEFT A SMALL-
TRIANGULATED PARCEL TO THE NORTH OF THE SUB.JECT PROPERTY. THE ADDITION
OF THAT SMALL PARCEL, IF PLATTED PER R.P. SWETMAN, WOULD HAVE MADE THE
SUB.JECT PROPERTY CONFORMING. IN FACT, THE SUaJECT PROPERTY IS ACTUALLY
INCORRECTLY RECORDER IN THE PALM BEACH PROPERTY APPRAISER AS A
1 5,000 S.F. LOT.
B. THE ABOVE SPECIAL CONDITIONS WERE INTACT WHEN THE SUB.JECT PARCEL WAS
PURCHASED AND ARE NOT A RESULT OF ANY ACTIONS TAKEN BY THE OWNER.
C. THE GRANTING OF A VARIANCE WILL NOT CONFER ANY SPECIAL PRIVILEGES THAT ARE
DENIED BY THIS ORDINANCE TO OTHER PARCELS IN THE SAME ZONING DISTRICT. THE
BUILDING WILL FULLY COMPLY WITH ALL C-3 ZONING AND FEDERAL HIGHWAY
CORRIDOR COMMUNITY REDEVELOPMENT REGULATIONS.
D. THE PROVISIONS OF THIS CHAPTER WOULD PROHIBIT THE RIGHTS COMMONLY
EN.JOYED BY OTHER PROPERTIES IN THE SAME ZONING DISTRICT. DUE TO THE
PARKING REl<JUIREMENTS AND CONSTRAINTS OF THE SITE, THE BUILDING WILL BE AN
ELEVATED STRUCTURE WITH PARKING UNDERNEATH. THE HEIGHT OF THE OFFICE
aUILDING WILL BE AT AN APPROPRIATE SCALE CONFORMING TO THE HEIGHTS OF
STRUCTURES ALONG THE FEDERAL HIGHWAY CORRIDOR. WITHOUT A VARIANCE THIS
WOULD NOT BE POSSIBLE.
E. THE VARIANCE GRANTED IS THE MINIMUM VARIANCE THAT WILL ALLOW REASONABLE
USE OF THE LAND. IT WILL PERMIT THE SUB.JECT PROPERTY TO CONSTRUCT A
BUILDING THAT WILL CONFORM TO THE BUILDING HEIGHTS ALONG THE FEDERAL
HIGHWAY CORRIDOR.
F. THE GRANTING OF THE VARIANCE WILL BE IN HARMONY WITH THE GENERAL INTENT
AND PURPOSE OF THIS CHAPTER AND WILL NOT BE IN.JURIOUS TO THE AREA
INVOLVED DR DETRIMENTAL IN ANY WAY TO THE PUBLIC WELFARE. IT WILL, IN FACT,
ALLOW THE PARCEL TO CONFORM TO THE APPROPRIATE SCALE OF THE FEDERAL
HIGHWAY CORRIDOR.
G. THE SUB.JECT PROPERTY IS A CORNER LOT FRONTING FEDERAL HIGHWAY TO THE
WEST, BAMBOO LANE TO THE NORTH AND PALMER ROAD (PRIVATE ROAD) TO THE
EAST. THE ONLY PARCEL. TO THE SOUTH, HAS A CURRENT LOT AREA OF 15,000S.F
(1 DDFT X 150 FT.1. THE PURCHASE OF THE ENTIRE PARCEL IS NOT POSSIBLE DUE
TO CURRENT OWNER'S REFUSAL TO SELL, AND THE ACQUISITION OF A PARTIAL PIECE
OF LAND WOULD MAKE THE ADJACENT LOT NONCONFORMING AS WELL.
IF YOU HAVE ANY QUESTIONS OR NEED ANY FURTHER INFORMATION, PLEASE CONTACT ME.
THANK YOU.
NIGEL DEVELOPMENT, INC.
ZONING CODE VARIANCE ApPLICATION
TO THE CITY CLERK - CITY OF' BOYNTON BEACH
AFFIDAVIT
RE: :3847 NORTH FEDERAL HWV. DELRAY BEACH, FL 334B3
PRO.JECT NAME: THE OFFICE AT 8AMBOO LANE
FILE #:
THE SUB.JECT PROPERTY IS A CORNER LOT FRONTING FEDERAL HIGHWAY TO THE WEST,
BAMBOO LANE TO THE NORTH AND PALMER ROAD (PRIVATE ROAD) TO THE EAST. THE
ONLY PARCEL, TO THE SOUTH, HAS A CURRENT LOT AREA OF 1 5,OOOs.... (100FT X
150 FT.). THE PURCHABE OF THE ENTIRE PARCEL IS NOT POSSISLE DUE TO CURRENT
OWNER'S REFUSAL TO SELL, AND THE AC~UISITION OF A PARTIAL PIECE OF LAND WOULD
MAKE THE AO.JACENT LOT NONCONFORMING AS WELL.
EXHIBIT "D"
Conditions of Approval
Project name: The Office at Bamboo Lane
File number: ZNCV 06-011
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Conunents: None X
FIRE
Conunents: None X
POLICE
Conunents: None X
ENGINEERING DIVISION
Conunents: None X
BUILDING DIVISION
Conunents: None X
PARKS AND RECREATION
Conunents: None X
FORESTERlENVIRONMENT ALIST
Conunents: None X
PLANNING AND ZONING
Conunents: None X
eRA STAFF
Conunents: None
Conditions of Approval
Bamboo Lane ZNCV 06-011
P 2
age
I DEPARTMENTS I INCLUDE I REJECT I
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
COMMENTS
Comments:
I. None X
ADDITIONAL CITY COMMISSION COMMENTS
Comments:
1. To be determined.
S:\Planning\SHAREDlWP\PROJECTS\Bamboo Lane\ZNCV 06-011\COA.doc
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 August I, 2006 July 17, 2006 (Noon.) 0 October 3,2006 September 18,2006 (Noon)
0 August 15,2006 July 31, 2006 (Noon) 0 October 17, 2006 October 2,2006 (Noon)
0 September 6, 2006 August 14,2006 (Noon) 0 November 8, 2006 October 16,2006 (Noon)
0 September 19, 2006 September 5, 2006 (Noon) !8l November 21, 2006 November 6, 2006 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda !8l Legal
0 Code Compliance & Legal Settlements 0 UnfInished Business
!8l Public Hearing 0
RECOMMENDATION: Please place this request on the November 21,2006 City Commission Agenda under
Public Hearing and Legal, Ordinance - First Reading, under the corresponding items for annexation, land use amendment and
rezoning. So that fmal approval of the land use and zoning changes precede consideration of this variance request, staff
recommends that this item be heard in conjunction with the public hearing for the annexation, land use and rezoning items,
but tabled to the December 5, 2006 meeting to follow fmal ordinance consideration. The Community Redevelopment Agency
Board on October 25, 2006, recommended that the subject request be approved. Further details pertaining to the request, see
attached Department Memorandum No. 06-179.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
The Office @BambooLane (ZNCV 06-011)
Michael Hanlon, HNM Architecture, LLC
Nigel Development, Inc. I Jaime Mayo, President
3847 North Federal Highway, Delray Beach, east side of Federal Highway, south of
Bamboo Lane, west of Palmer Road
Request relief from Chapter 2. Section 6.C.3. of the Land Development Regulations,
requiring a minimum lot area of 15,000 square feet in the Community Commercial (C-3)
zoning district, to allow development ofa lot of 11,578 square feet, representing a
variance of 3,422 square feet.
DESCRIPTION:
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
Development
City Manager's Signature
Assistant to City Manager
~.t! ~? D' C' A IF'
annmg an Olllllg rrector Ity ttomey mance
S:\Planning\SHARED\WP\PROJECTS\Bamboo Lane\ZNCV 06-01 I \Agenda Item Request Office of Bamboo Lane ZNCV 06-011 11-21-06.dot
S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC
TO:
THRU:
FROM:
DATE:
PROJECT NAME I NO:
REQUEST:
.JEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-179
STAFF REPORT
Chairman and Members
Community Redevelopment Agency and City Commission
ll~~-
Michael W. Rumpf f\..)-Y
Planning and Zoning Director
Kathleen Zeitler (l../
Planner
October 17, 2006
The Office at Bamboo Lane I ZNCV 06-011
Request for relief from the City of Boynton Beach Land Development
Regulations, Chapter 2, Zoning, Section 6.C.3., requiring a minimum lot area
of 15,000 square feet, to allow a minimum lot area of 11,578 square feet (a
variance of 3,422 square feet) for a proposed professional business offiee
building within the Community Commercial (C-3) zoning district.
Property Owner:
Applicant! Agent:
Location:
Acreage:
Proposed Use:
Zoning District:
Adjacent Uses:
North:
South:
East:
PROJECT DESCRIPTION
Jaime Mayo, Nigel Development, Ine.
Michael Hanlon, HNM Architecture, LLC
3847 North Federal Highway (southeast corner of North Federal Highway
and Bamboo Lane)
0.265 acre (11,578 square feet)
Professional Business Office
Community Commercial (C-3)
Bamboo Lane (private ingress-egress easement), and farther north is property
classified High Density Residential (HDR) and zoned Infill Planned Unit Development
(IPUD) (forthcoming Estancia at Boynton Beach project);
Developed commercial property classified as Palm Beach County Commercial High
Intensity (CHIS) land use and zoned Palm Beach County General Commercial (CG)
(Carlson's Lawn and Garden Supply store);
Right-of-way for Palmer Road, and farther east is developed single-family residential
classified as Palm Beach County Medium Density Residential (MR-5) land use and
zoned Palm Beach County Single-Family Residential (RS); and,
Staff Report ZNCV 06-011
Memorandum No PZ-06-179
Page 2
West: Right-of-way for Federal Highway, then farther west is developed commercial property
classified as Palm Beach County Commercial High Intensity (CHIS) land use and zoned
Palm Beach County General Commercial (CG) (Cantway Building Specialties).
BACKGROUND
The subject property is currently an undeveloped lot located at the southeast corner of North Federal
Highway and Bamboo Lane (see Location Map - Exhibit "A"). The 0.265-acre parcel is situated within the
City's future annexation area and within Planning Area 5 of the Federal Highway Corridor Community
Redevelopment Plan, which has the role of being the southern entrance into the City. In conjunction with this
request, the applicant is also requesting annexation (ANEX 06-008), a future land use amendment to LRC and
rezoning to C-3 (LUAR 06-021), and new site plan approval (NWSP 06-023).
Prior to annexation, the subject property was in unincorporated Palm Beach County and zoned Commercial,
General (CG). The 0.265-acre (11,578 square feet) lot is considered a valid nonconforming lot by Palm
Beach County regulations, which require a minimum lot size of 1.0 acre (43,560 square feet) in the CG zoning
district. The requested C-3 zoning district requires a minimum lot size of 15,000 square feet (0.34 acre),
therefore the lot would be considered a valid nonconforming lot per City regulations as well. The Land
Development Regulations, Section 11.1.C.8.a., whieh addresses nonconforming lots states: "For
nonconforming lots whieh are vacant or are proposed to be cleared and redeveloped, a variance shall be
required prior to the construction of any structures or establishment of any use on the lot or parcel". The
applicant is requesting a variance of 3,422 square feet to the minimum lot size in C-3 in conjunction with the
new site plan. Variance approval would result in the subject property being considered a conforming lot.
The applicant is requesting a variance to minimum lot area to construct a professional business office
building, which is a permitted use in the C-3 zoning district. The subject property complies with all C-3
requirements, with the exception of minimum lot area of 15,000 square feet (see Survey - Exhibit "B'). The
project will comply with all other minimum requirements of the C-3 regulations as well as all other applieable
development regulations, including the Urban Commercial District Overlay Zone (Federal Highway Corridor
Community Redevelopment Plan).
ANALYSIS
Staff reviewed the requested variance focusing on the applicant's response to criteria a.- g. below (see Exhibit
"C'). 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.
The subject property is considered a nonconforming lot because it does not meet the minimum lot
size of the C-3 zoning district regulations. The applicant requested the City's C-3 zoning for the
following reasons: (1) C-3 corresponds with the property's current CG zoning district; (2) C-3
corresponds with the City's LRC future land use designation for the area; (3) C-3 is the only
commercial zoning district in this area along Federal Highway; and (4) C-3 regulations state it is
intended for eommercial facilities located adjacent to at least one major thoroughfare. The parcel was
created many years ago, and is considered a valid nonconforming lot based on both County and City
requirements. Section 11.1.C.8.a Non-Conforming Lot regulations, requires a variance prior to
construction on any nonconforming lot whieh is vacant or to be redeveloped. A variance to the
minimum lot area of 15,000 square feet in the C-3 zoning district is necessary in order to build on the
lot.
Staff Report ZNCV 06-011
Memorandum No PZ-06-179
Page 3
The applicant's justification statement for the variance request explains that if the unplatted Bamboo
Lane ingress-egress easement had been constructed per the unfiled plat of R.P. Swetman, the
location of the road would be north of its present location, and the subject parcel would have
complied with the minimum lot area of 15,000 square feet required in the C-3 zoning district.
b. That the special conditions and circumstances do not result from the actions of the applicant.
The applicant purchased the subject property in its current configuration in February, 2005. Based on
available public records, it appears that the subject parcel was created many years ago and
grandfathered as a valid, nonconforming lot (due to lot size) in unincorporated Palm Beach County.
The applicant requested the City's C-3 zoning for the following reasons: (1) C-3 corresponds with the
property's current CG zoning district; (2) C-3 corresponds with the City's LRC future land use
designation for the area; (3) C-3 regulations state it is intended for commercial facilities located
adjacent to at least one major thoroughfare; and (4) C-3 is the only commercial zoning district in this
area along Federal Highway and other commercial zoning would be considered "spot" zoning.
The parcel is bound on the east and west by rights-of-way and on the north by an ingress/egress
easement. The applicant has attempted to meet the minimum lot area requirement by trying to
purehase the adjacent lot to the south (Carlson Lawn and Garden Center) to assemble with the
subject property. However, the adjacent property owner is unwilling to sell.
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.
The Land Development Regulations set forth the minimum requirements for the development of a lot.
In addition, the provisions for noneonforming lots (if vacant or to be redeveloped) require a variance
prior to the issuance of a permit for construction or use of the lot. Many lots in the area of the
subject property are similarly nonconforming lots due to lot size. The area is slated for future
annexation and redevelopment, and these parcels, unless assembled, are not of sufficient size to
support a residential project. Therefore they will likely be similarly rezoned to C-3 and will require
variances to the lot area prior to development. The proposed office building project will comply with
all other applicable requirements.
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
Precedent has been set, as City records indicate that many variances have been granted over the
years for minimum lot size. Many lots in the area of the subject property are nonconforming to lot
size and were developed years ago. Many of these lots are now in poor condition and in need of
redevelopment. Literal interpretation of this criteria would deprive the applicant the right to develop
the property. The proposed office building would be a positive benefit to the general area which is
located at the southern entrance into the City.
e. That the variance granted is the minimum variance that will make pOSSible the reasonable use of the
land, building, or structure.
Staff Report ZNCV 06-011
Memorandum No PZ-06-179
Page 4
The proposed professional business office building will comply with all development regulations such
as lot frontage, applicable setbacks, maximum lot coverage, and building height, with the exception of
meeting the minimum lot area of 15,000 square feet required in the C-3 zoning district. The applicant
has requested annexation, land use amendment and rezoning, and new site plan approval in addition
to the variance request. Without the requested variance, the applicant will not be able to obtain a
building permit to construct the office building and will therefore not have reasonable use of the land.
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.
The area of the subject property includes many substandard lots by current regulations. The
establishment of the nonconforming lot provisions clearly dictate the requirements for variances to
vacant lots and those to be redeveloped. Approval of the subject variance would not represent a
further reduction in the minimum development standards within this redevelopment area, and will
provide a minimal eontribution to the eeonomic value of the area and tax base for the city. Further,
property size will limit development to a lower intensive use, such as a small office use, which would
be reasonably compatible with the adjacent neighborhood.
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.
The applicant provided a statement confirming that adjacent properties are not available to make the
subject parcel conforming in order to eliminate this variance request. The property fronts roads on
three (3) sides. The only adjacent property is the parcel to the south (Carlson's Lawn and Garden
Supply store) which is a developed commercial property classified as Palm Beach County Commereial
High Intensity (CHIS) land use and zoned Palm Beach County General Commercial (CG). This
adjacent parcel is currently considered to be a nonconforming lot due to lot size, since the minimum
lot size in the CG zoning district is one (1) acre. If the adjacent property owner sold a portion of their
developed property to the applicant, their nonconforming lot would become even more
nonconforming to minimum lot size, and potentially other development regulations as well. The
applicant states that the purchase of the entire adjacent parcel is not possible due to the property
owner's refusal to sell.
RECOMMENDATION
Staff recommends approval of the requested variance based on the finding of "hardship". Staff concurs with
the applicant that special conditions and circumstances exist that are not the result of actions by the
applicant. This request will not be injurious or detrimental to the area, and the variance requested is the
minimum necessary to make possible the reasonable use of the land. Staff also concludes that approval of
the requested variance will not contradict the vision the community has for this area.
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 Exhibit "D" - Conditions of Approval.
MR/kz
S:\Plannlng\SHARED\ WP\PROJEcrS\Bamboo Lane\ZNCV 06-011 \Staff Report.doc
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NIGEL DEVEL PMENT, INC.
3705 NORTH FEDERAL~HIIiHWAY
DELRAY BEACH, FLORIDA 334B3
TEL: 561.733.2225
FAX: 561.733.23B3
EXHIBIT C
RE: 3B47 NORTH FEDERAL Hwv. DELRAY BEACH, FL 33483
PRO..JECT NAME: THE OFFICE AT BAMBOO LANE
ZONING CODE VARIANCE ApPLICATION FOR MINIMUM LOT AREA OF 15,000 a.F.
A. THE SUB..JECT PROPERTY HAS EXISTING CONOITIONS AND SPECIAL CIRCUMSTANCES
THAT ARE PECULIAR TO THE LAND AND THAT ARE NOT APPLICABLE TO OTHER
PROPERTIES IN THE SAME ZONING DISTRICT. THE SUB..JECT PROPERTY HAS AN
INGRESS-EGRESS EASEMENT FROM BAMBOO LANE. BAMBOO LANE HAS NEVER BEEN
PLATTED AND WAS NEVER CONSTRUCTED PER THE UNFILLED PLAT OF R.P.
SWETMAN. PER THE SURVEY, THE 30 FT. RIGHT OF WAY FOR BAMBOO LANE SHOULD
HAVE BEEN LOCATED FURTHER NORTH. THIS WOULD HAVE LEFT A SMALL-
TRIANGULATED PARCEL TO THE NORTH OF THE SUB..JECT PROPERTY. THE ADDITION
OF THAT SMALL PARCEL, IF PLATTED PER R.P. SWETMAN, WOULD HAVE MADE THE
SUB..JECT PROPERTY CONFORMING. IN FACT, THE SUB..JECT PROPERTY IS ACTUALLY
INCORRECTLY RECORDER IN THE PALM BEACH PROPERTY APPRAISER AS A
1 5,000 S.F. LOT.
B. THE ABOVE SPECIAL CONDITIONS WERE INTACT WHEN THE SUB..JECT PARCEL WAS
PURCHASED AND ARE NOT A RESULT OF ANY ACTIONS TAKEN BY THE OWNER.
C. THE GRANTING OF A VARIANCE WILL NOT CONFER ANY SPECIAL PRIVILEGES THAT ARE
DENIED BY THIS ORDINANCE TO OTHER PARCELS IN THE SAME ZONING DISTRICT. THE
BUILDING WILL FULLY COMPLY WITH ALL C-3 ZONING AND FEDERAL HIGHWAY
CORRIDOR COMMUNITY REDEVELOPMENT REGULATIONS.
D. THE PROVISIONS OF THIS CHAPTER WOULD PROHIBIT THE RIGHTS COMMONLY
EN..JOYED BY OTHER PROPERTIES IN THE SAME ZONING DISTRICT. DUE TO THE
PARKING REl\lUIREMENTS AND CONSTRAINTS OF THE SITE, THE BUILDING WILL BE AN
ELEVATED STRUCTURE WITH PARKING UNDERNEATH. THE HEIGHT OF THE OFFICE
BUILDING WILL BE AT AN APPROPRIATE SCALE CONFORMING TO THE HEIGHTS OF
STRUCTURES ALONG THE FEDERAL HIGHWAY CORRIDOR. WITHOUT A VARIANCE THIS
WOULD NOT BE POSSIBLE.
E. THE VARIANCE GRANTED IS THE MINIMUM VARIANCE THAT WILL ALLOW REASONABLE
USE OF THE LAND. IT WILL PERMIT THE SUB..JECT PROPERTY TO CONSTRUCT A
BUILDING THAT WILL CONFORM TO THE BUILDING HEIGHTS ALONG THE FEDERAL
HIGHWAY CORRIDOR.
F. THE GRANTING OF THE VARIANCE WILL BE IN HARMONY WITH THE GENERAL INTENT
AND PURPOSE OF THIS OHAPTER AND WILL NOT BE IN..JURIOUS TO THE AREA
INVOLVED OR DETRIMENTAL IN ANY WAY TO THE PUBLIC WELFARE. IT WILL, IN FACT,
ALLOW THE PARCEL TO CONFORM TO THE APPROPRIATE SCALE OF THE FEDERAL
HIGHWAY CORRIDOR.
G. THE SUB..JECT PROPERTY IS A CORNER LOT FRONTING FEDERAL HIGHWAY TO THE
WEST, BAMBOO LANE TO THE NORTH AND PALMER ROAD (PRIVATE ROAD) TO THE
EAST. THE ONLY PARCEL, TO THE SOUTH. HAS A CURRENT LOT AREA OF 15,OOOS.F
(100FT X 150 FT.!. THE PURCHASE OF THE ENTIRE PARCEL IS NOT POSSIBLE DUE
TO CURRENT OWNER'S REFUSAL TO SELL, AND THE ACl\lUISITION OF A PARTIAL PIECE
OF LAND WOULD MAKE THE AD..JACENT LOT NONCONFORMING AS WELL.
IF YOU HAVE ANY l\lUESTlONS OR NEED ANY FURTHER INFORMATION, PLEASE CONTACT ME.
THANK YOU.
NIGEL DEVELOPMENT, INC.
ZONING CODE VARIANCE ApPLICATION
To THE CITY CLERK - CITY OF BOYNTON BEACH
AFFIDAVIT
RE: 3B47 NORTH F'EDERAL HWY. DELRAY BEACH, F'L 334B3
PRO.JECT NAME: THE OFFICE AT BAMBOO LANE
F'ILE #:
THE BUB.JECT PROPERTY IS A CORNER LOT FRONTING F'EOERAL HIGHWAY TO THE WEST,
BAMBOO LANE TO THE NORTH ANO PALMER ROAO (PRIVATE ROAD) TO THE EAST. THE
ONLY PARCEL, TO THE SOUTH, HAS A CURRENT LOT AREA OF 1 5,OOOS.F (100FT X
150 FT.>. THE PURCHASE OF THE ENTIRE PARCEL IS NOT POSSIBLE DUE TO CURRENT
OWNER'S REFUSAL TO SELL, AND THE ACQUISITION OF A PARTIAL PIECE OF LAND WOULD
MAKE THE AD.JACENT LOT NONCONFORMING AS WELL.
EXHIBIT "D"
Conditions of Approval
Project name: The Office at Bamboo Lane
File number: ZNCV 06-011
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
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
CRA STAFF
Comments: None
Conditions of Approval
Bamboo Lane ZNCV 06-011
P 2
age
DEPARTMENTS INCLUDE REJECT
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
COMMENTS
Comments:
1. None X
ADDITIONAL CITY COMMISSION COMMENTS
Comments:
1. To be determined.
S:\Planning\SHARED\ WP\PROJECTS\Bamboo Lane\ZNCV 06-0 II \COA.doc