PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION. ZONING COMMISSION VARIANCE STAFF REPORT August 6, 2015

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1 PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION ZONING COMMISSION VARIANCE STAFF REPORT August 6, 2015 APPLICATION NO. CODE SECTION REQUIRED PROPOSED VARIANCE ZV (V1) 3.E.3.B.2.c No overlap or To allow the 5 foot MUPD Landscape easement encroachment encroachment Buffers encroachment of a utility of a utility permitted in easement in a easement Right-of-Way Right-of-Way along Pike buffers. buffer. Road. SITUS ADDRESS: th Pl N West Palm Beach th Pl N West Palm Beach th Pl N West Palm Beach th Pl N West Palm Beach AGENT NAME & ADDRESS: OWNER NAME & ADDRESS: Robert Leapley Akerman LLP 1 SE 3rd Ave Miami, FL Cahuenga Carnegie Blvd Charlotte, NC Palm Beach County Firefighters th Pl N Royal Palm Beach FL PCN: ; ; ; ; ; ; ZONING DISTRICT: MUPD BCC DISTRICT: 02 PROJECT Roger Ramdeen, Senior Site Planner MANAGER: LEGAL AD: ZV Title: Resolution approving a Type II Variance application of Suncap West Palm Beach LLC by Akerman LLP, Agent. Request: to allow the encroachment of a utility easement in a Right-of-Way buffer. General Location: Southeast corner of Pike Road and 7th Place North. (FEDERAL EXPRESS DISTRIBUTION CENTER) ( ) LAND USE: IND S/T/R: CONTROL #: LOT AREA: acres +/- LOT DIMENSIONS: See Survey (Figure 5) CONFORMITY OF Yes CONFORMITY OF non-conforming LOT: ELEMENT: TYPE OF ELEMENT: Easement ELEMENT SIZE: N/A BUILDING PERMIT #: N/A NOTICE OF VIOLATION: ZC 08/06/2015 Page 73 N/A

2 CONSTRUCTION STATUS: APPLICANT REQUEST: Existing easement To allow the encroachment of a utility easement in a Right-of-Way buffer. RECOMMENDATION: Staff recommends approval of the request subject to 7 Conditions of Approval as indicated in Exhibit C, based upon the application of the standards enumerated in Article 2, Section 2.B.3.E of the Palm Beach County Unified Land Development Code (ULDC), which an Applicant must meet before the Zoning Commission can authorize a variance. PUBLIC COMMENT SUMMARY: At the time of publication, Staff had received 0 contacts from the public regarding this project. APPLICATION SUMMARY: Proposed is a Type II Variance for ProLogis Pike Road. The development was last approved by the Board of County Commissioners (BCC) on December 4, 2014 for a Development Order Amendment to delete square footage and to modify and delete Conditions of Approval. The Applicant is requesting a Type II Variance to allow a five-foot encroachment of a utility easement into the Right-of-Way (ROW) landscape buffer along Pike Road. The Site Plan indicates a total of 235,198 square feet (sq. ft.) of Warehouse and Accessory Office use. A total of 467 parking spaces will be provided. Three (3) access points to the site on 7th Place North are proposed and one (1) on Pike Road for emergency access only. PROJECT HISTORY: Application No. Request Resolution Approval Date Z Rezoning from the Agricultural Residential R /22/1996 (AR) Zoning District to the Light Industrial (IL) Zoning District. Z/DRC On March 26, 2003, the Development N/A 03/26/ Review Committee (DRC) approved Petition No. Z/DRC for a concrete wall system manufacturing facility with an accessory office building PDD Rezoning from the Light Industrial (IL) Zoning District to the Multiple Use Planned Development (MUPD). R /28/2005 DOA Development Order Amendment to R /05/2006 ZV/PDD/DOA ZV/PDD/DOA ZV/DOA/Z/CA ZV/DOA/Z/CA modify/delete conditions of approval. Development Order Amendment to add land area, add square footage, reconfigure the site plan and modify/delete conditions of approval. Rezoning from the General Industrial (IG) Zoning District to the Multiple Use Planned Development (MUPD). Type II Variances to eliminate the required cover over a loading area, the wall for screening of a loading area and the interior island requirement for the trailer parking spaces. Development Order Amendment to reconfigure the Site Plan, to delete square footage, and to modify and delete Conditions of Approval (Engineering, Planning and Signs). R /28/2007 R /28/2007 ZR /6/2014 R /04/2014 ZC 08/06/2015 Page 74

3 SURROUNDING LAND USES: NORTH: FLU Designation: Industrial (IND) Zoning District: General Industrial District (IG) Supporting: Salvage Yard/Recycling Plant/Repair and Maintenanc (Whiteside Industrial, Control No ) NORTH: FLU Designation: Industrial (IND) Zoning District: Light Industrial District (IL) Supporting: Disptaching/Repair and Maintenance/Contractor Storage (Republic Services of Palm Beach, Control No ) Supporting: Warehouse (Hughs Supply, Control No ) SOUTH: FLU Designation: Industrial (IND) Zoning District: Light Industrial District (IL) Supporting: Warehouse (Southern Park of Commerce, Control No ) EAST: FLU Utilities and Transportation (UT) Zoning District: Light Industrial District (IL) Supporting: Florida Turnpike WEST: FLU Designation: Industrial (IND) Zoning District: Public Ownership District (PO) Supporting: Government Services (PBC Fire Fighters Training Facility, Control No ) ANALYSIS OF ARTICLE 2, SECTION 2.B.3.E VARIANCE STANDARDS When considering a Development Order application for a Type II Variance, the Zoning Commission shall consider Standards 1 through 7 listed under Article 2.B.3.E of the ULDC. The Standards and Staff Analyses are as indicated below. A Type II Variance which fails to meet any of these Standards shall be deemed adverse to the public interest and shall not be approved. 1. Special conditions and circumstances exist that are peculiar to the parcel of land, building or structure that are not applicable to other parcels of land, structures or buildings in the same zoning district: V1 YES: There are special conditions and circumstances which exist for this development. The property is zoned MUPD which does not allow for overlap of easements into ROW buffers; however, if the property was designated a standard industrial zoning district, the overlap would be allowed and no variance would be required. This is not the typical MUPD with multiple users and multipe uses, the site has been redesigned to accommodate one user and one use. 2. Special circumstances and conditions do not result from the actions of the Applicant: V1 YES: The intent of the regulation related to easement overlap into buffers was more geared to Commercial MUPD s whereby this is an Industrial MUPD surrounded by industrial uses. If the property had an industrial zoning district designation, there would be no need for the variance because the overlap would be allowed. The five foot overlap of the utility easement into this ROW buffer is deminimus considering there is an enhanced ROW buffer proposed as part of the development of the site. Additionally, the overlap existed with the previous approval and when considering the functionality of the site and the frequency of large trucks using the drive aisles around the building, a site redesign creates an undue hardship and may cause maneuvering conflicts. ZC 08/06/2015 Page 75

4 3. Granting the variance shall not confer upon the Applicant any special privilege denied by the Comprehensive Plan and this code to other parcels of land, structures or buildings in the same zoning district: V1 YES: Granting the variance will not confer upon the applicant a special privilege for other structures in the same zoning district. 4. Literal interpretation and enforcement of the terms and provisions of this Code would deprive the Applicant of rights commonly enjoyed by other parcels of land in the same zoning district, and would work an unnecessary and undue hardship: V1 YES: Literal interpretation would require the site to be redesigned to accommodate an additional five feet for the easement which creates an undue hardship. 5. Grant of variance is the minimum variance that will make possible the reasonable use of the parcel of land, building or structure: V1 YES: Without granting of the variance, the site would have to be redesigned to accommodate the additional five feet for an easement. As noted above, this will have an effect on the operations on the site by reducing the width of the drive aisles. 6. Grant of the variance will be consistent with the purposes, goals, objectives, and policies of the Comprehensive Plan and this Code: V1-V3 YES: The requested variances are the minimum variances required to comply with the purposes, goals, objectives, and policies of the Comprehensive Plan and this Code. 7. Granting the variance will not be injurious to the area involved or otherwise detrimental to the public welfare: V1-V3 YES: Granting of the Type II Variances will not be injurious to the area or detrimental to the public welfare. ZC 08/06/2015 Page 76

5 CONDITIONS OF APPROVAL Exhibit C Type II Variance - Standalone ALL PETITIONS 1. The approved Preliminary Site Plan is dated May 22, Modifications to the Development Order inconsistent with the Conditions of Approval, or changes to the uses or site design beyond the authority of the Development Review Officer as established in the Unified Land Development Code, must be approved by the Board of County Commissioners or the Zoning Commission. (ONGOING: ZONING - Zoning) VARIANCE 1. The Development Order for this Variance shall be tied to the Time Limitations of the Development Order for ZV/DOA/Z/CA (ONGOING: ZONING - Zoning) 2. This Variance is approved for a Warehouse and Accessory Office. Any change to the use(s) shall require reconsideration of the Variance by the Zoning Commission. (ONGOING: ZONING - Zoning) 3. At time of application for a Building Permit, the Property Owner shall provide a copy of this Variance approval along with copies of the approved Plan to the Building Division. (ONGOING: ZONING - Zoning) 4. In Granting this Approval, the Zoning Commission relied upon the oral and written representations of the Property Owner/Applicant both on the record and as part of the application process. Deviations from or violation of these representations shall cause the approval to be presented to the Board of County Commissioners for review under the compliance Condition of this Approval. (ONGOING: ZONING - Zoning) 5. Failure to comply with any of the Conditions of Approval for the subject property at any time may result in: a. The Issuance of a Stop Work Order; the Issuance of a Cease and Desist Order; the Denial or Revocation of a Building Permit; the Denial or Revocation of a Certificate of Occupancy; the Denial of any other Permit, License or Approval to any developer, owner, lessee, or user of the subject property; the Revocation of any other Permit, License or Approval from any developer, owner, lessee, or user of the subject property; the Revocation of any concurrency; and/or, b. The Revocation of the Official Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or any other Zoning Approval; and/or, c. A requirement of the development to conform with the standards of the Unified Land Development Code at the time of the finding of non-compliance, or the addition or modification of Conditions reasonably related to the failure to comply with existing Conditions; and/or d. Referral to Code Enforcement; and/or e. Imposition of entitlement density or intensity. Staff may be directed by the Executive Director of PZ&B or the Code Enforcement Special Master to schedule a Status Report before the body which approved the Official Zoning Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or other zoning approval, in accordance with the provisions of Section 2.E of the ULDC, in response to any flagrant violation and/or continued violation of any condition of approval. (ONGOING: ZONING - Zoning) DISCLOSURE 1. All applicable state or federal permits shall be obtained before commencement of the development authorized by this Development Permit. ZC 08/06/2015 Page 77

6 Figure 1 Future Land Use Map ZC 08/06/2015 Page 78

7 Figure 2 Zoning Map ZC 08/06/2015 Page 79

8 Figure 3 Aerial ZC 08/06/2015 Page 80

9 Figure 4 Final Site Plan dated May 22, 2015 ZC 08/06/2015 Page 81

10 Figure 5 Survey ZC 08/06/2015 Page 82

11 Exhibit D Disclosures ZC 08/06/2015 Page 83

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16 Exhibit E Justification Statement Justification Statement Type II Variance Request for Variance to MUPD Federal Express Distribution Facility Control No Palm Beach County, FL Submitted April 15, 2015 I. Introduction Akerman LLP, as Agent for SunCap West Palm Beach, LLC (the Applicant ), hereby submits a request for a Type II Variance for the Multiple Use Planned Development ( MUPD ) project recently approved by the Palm Beach County Board of County Commissioners (the BCC ) on December 4, 2014, pursuant to Resolution No. R (the BCC Approval Resolution ), and approved by the by the Palm Beach County Development Review Officer ( DRO ) on December 10, The previous zoning approval also included certain Type II Zoning Variances including a variance eliminating the requirement for a roof over the loading areas for the single tenant user ( Variance #1 ), a variance eliminating the requirement for screening of loading areas with an opaque wall ( Variance #2 ), and a variance eliminating the interior landscape islands for certain trailer parking spaces on the Property (defined below) ( Variance #3 ). Variance #1, Variance #2, and Variance #3 were approved by the Palm Beach County Zoning Commission (the ZC ) on December 5, 2014, and are evidenced by that certain Resolution No. ZR (the ZC Approval Resolution ). The project consists of a Federal Express ground warehouse and distribution facility (the Project ) on the parcel located at 460 & 466 Pike Road and 7300, 7362, and th Place North in Palm Beach County, Florida (the Property ). The Property is also known as Tracts A, B, C, D, DD, E and WM of the Plat entitled Prologis Park West Palm Beach MUPD recorded at Plat Book 111, Pages 165 to 170 of the Public Records of Palm Beach County (the Plat ). Note that Tract F of the Plat is included as part of this application because it is part of the original MUPD which encompasses the entire Plat. As noted above, the Property is currently zoned MUPD and the future land use designation is Industrial ( IND ). The Project, which will primarily involve the loading, unloading, and interchange of packages, can be characterized as a warehouse, which is defined in the Palm Beach County Unified Land Development Code (the ULDC ) as, A building used for the storage of raw materials, equipment or products. Typical uses include moving companies, cold storage and dead storage facilities, but excludes self storage facilities. As further set forth in the ULDC, the maximum percentage of office space permitted within each warehouse bay shall be 30 percent of the GFA. The Project will incorporate accessory office space, but the office use will remain well below 30 percent of the GFA, in accordance with the ULDC limitations. As set forth in Article 3, Table 3.E.1.B, warehouse use is permitted by right within an MUPD with IND land use designation. Further, as set forth in ULDC Article 4, Chapter A, Section 4, Table 4.A.4.A, a building with square footage that exceeds 100,000 and that is located on land area with Industrial (IND) future land use designation requires approval from the BCC. The BCC approved Conditional Use A pursuant to the BCC Approval Resolution. The Project is in compliance with the ULDC. The Project and Property are depicted on the following: Final Site Plan prepared by Langan Engineering and Environmental Services dated July 15, II. 2014, last revised March 30, 2015 (the Final Site Plan ) ALTA/ACSM Land Title Survey prepared by Associated Land Surveyors, Inc., dated November 30, 2006, last revised December 16, 2014 (as to as Tracts A, B, C, D, DD, E and WM of the Plat) Boundary Survey prepared by Associated Land Surveyors, Inc., dated May 9, 2014, last revised September 19, 2014 (as to as Tract F of the Plat) Site Location & Vicinity Description The Property is located to the southeast of the intersection of Pike Road and 7 th Place North, abutting and to the west of the Florida Turnpike, and abutting and to the north of the southbound Florida Turnpike exit ramp for the Southern Boulevard exit. Per the Palm Beach County Property Appraiser, the parcels included in the application are identified as follows: Address PCN 460 Pike Road Pike Road th Place North ZC 08/06/2015 Page 88

17 th Place North th Place North N/A th Place North The properties to the north and south are zoned IL and their future land use designation is IND. The property to the east supports the Florida Turnpike and is zoned General Industrial; the future land use designation is Utilities and Transportation. The property to the west, which supports a training facility for Palm Beach County Fire Rescue, is zoned Public Ownership and the future land use designation is IND. III. Project Description The Project consists of a warehouse and distribution facility to be used by Federal Express as a ground facility. The square footage of the Project occupies approximately 226,864 SF, of which approximately 8,160 SF will be dedicated for accessory office use and of which approximately 218,704 SF will be dedicated for warehouse use. As detailed on the Final Site Plan, tractor trailer trucks will enter the facility from a secured entrance on 7 th Place North. Passenger vehicles will enter the site from a secondary ingress/egress point located to the east of the truck ingress/egress. The Project is considered an automated package sorting facility and serves as an endpoint in a hub and spoke network for regional delivery and pickup. Packages generally arrive, on trucks, from various hub facilities, in staggered deliveries over 24 hours; there is no peak delivery hour from an airport hub facility. After the packages are sorted, they are typically placed on smaller delivery trucks, for delivery throughout the greater West Palm Beach area. These delivery trucks typically depart in a staggered manner as well; there are no peak delivery periods. All sorting and distribution of packages takes place inside the proposed facility, with the assistance of a complex sorting and conveyor belt system. IV. Site History A detailed history of approvals for the Property follow: Petition : The west portion of the site was approved by the BCC for a rezoning from the Agricultural Residential (AR) Zoning District to the Light Industrial (IL) Zoning District via Resolution R at a hearing on August 22, 1996 Petition : The east portion of the site was approved by the BCC for a rezoning from the Agricultural Residential (AR) Zoning District to the General Industrial (IG) Zoning District with a Conditional Overlay Zone (COZ) via Resolution R at a hearing on January 23, The project received final approval by the Development Review Officer on March 26, 2003 and the site currently supports an 11,000 square foot building including 10,000 SF of office and 1,000 SF of warehouse, a 1,850 square foot warehouse, a 200 square foot restroom facility, a concrete casting yard and 81 parking spaces with 2 access points off of 7 th Place North. Petition : The west portion of the site was approved by the BCC for a rezoning from the Light Industrial (IL) Zoning District to the Multiple Use Planned Development (MUPD) District via Resolution R at a hearing on April 28, Petition : The BCC approved a Development Order Amendment ( DOA ) to modify/delete conditions of approval via Resolution R at a hearing on January 5, Variance Summary: At the June 7, 2007 Zoning Commission Hearing the Board approved a Type II Variance to allowing a five foot overlap of the utility easement in the right-of-way buffer along 7th Place North. The utility easement is existing. ZC Hearing: The ZC unanimously approved a certain Type II Variance request at the Zoning Commission Hearing on June 7, 2007 (see Resolution No. ZR ). The ZC also voted unanimously to recommend approval of the rezoning of the east portion of the site from the IG Zoning District to the MUPD Zoning District and the amendment and extension of the development order conditions. Petition : The BCC approved a rezoning of the east portion of the site from the IG Zoning District to the MUPD Zoning District via Resolution R at a hearing on June 28, Petition : The BCC amended and restated the development conditions set forth in R and extended the amended development order conditions to the entire Property via Resolution R at a hearing on June 28, ZC Hearing: The ZC unanimously approved the Type II Variance requests for Variance #1, Variance #2, and Variance #3 at the ZC hearing on November 6, 2014 (see Resolution No. ZR ). Application ZV/DOA/CA : The BCC approved a DOA to reconfigure the site plan for the Property, to delete square footage, and to modify and delete conditions of approval at the BCC hearing on December 4, 2014 (see Resolution No. R ). V. Type II Variance Request As set forth at ULDC Article 3.E.3.B.2.c.1), No overlap or easement encroachment shall be permitted in R-O-W buffers. The Applicant is hereby requesting a Type II Variance from this requirement to allow for a utility easement along Pike Road to overlap 5 into the R-O-W buffer along Pike Road (Variance #4), which is shown on the Final Site Plan as Variance #4. The Project meets the standards for a Type II Variance, as set forth at ULDC Article 2.B.3.E. as follows: ZC 08/06/2015 Page 89

18 1. Special conditions and circumstances exist that are peculiar to the Parcel of land, building or structure, that are not applicable to other Parcels of land, structures or buildings in the same zoning district. Variance #4: A blanket prohibition on all overlap between right-of-way ( R.O.W. ) buffers and utility easements is not practical as applied to the structure proposed to be constructed on the Property. The special conditions of the Project, its location, and the unique and tight geometry of the Property make it impractical and an undue burden to fit a relatively rectangular distribution facility on the site while keeping enough space on the western boundary of the Property to avoid the overlap of the R.O.W. buffer and utility easement. Accordingly, not allowing the overlap would be a an undue design burden not appropriate for the proposed single tenant use. Further, a 5 overlap of the R.O.W. buffer and utility easement running along the west boundary of the Property does not defeat the intent of a R.O.W. buffer as a 15 R.O.W. buffer still remains, only 5 of which R.O.W. buffer is impacted. In other words, the overall spirit of the R.O.W. buffer is still preserved notwithstanding an approval of Variance #4. 2. Special circumstances and conditions do not result from the actions of the applicant. Variance #4: The unique and tight geometry of the Property is what makes up the special circumstances and conditions causing Applicant s need for Variance #4, and such special circumstances and conditions do not result from the actions of Applicant. 3. Granting the variance shall not confer upon the applicant any special privilege denied by the Plan and this Code to other parcels of land, buildings, or structures, in the same district. Variance #4: The granting of Variance #4 will not confer upon the Applicant any special privilege. Any property owner who is burdened by these requirements similarly has the ability to file an application for a Type II Variance. The Zoning Commission has previously granted a similar variance for the Property for the exact same reason and purpose. On June 7, 2007, the ZC approved of a similar variance along the northern boundary of the Property (i.e., along 7 th Place North), as noted on the Final Site Plan, per Resolution ZR Literal interpretation and enforcement of the terms and provisions of this Code would deprive the applicant of rights commonly enjoyed by other parcels of land in the same district, and would work an unnecessary and undue hardship. Variance #4: The literal interpretation and enforcement of the blanket prohibition on utility easement overlaps into R.O.W. buffers would be an unnecessary and undue hardship for the Applicant as, if such prohibition was applied literally, such prohibition could potentially prohibit the building from being located on the site as the unique and tight geometry of the Property would not provide enough space to locate the building on the site while avoiding such overlap. The site with Variance #4 approved would still achieve the purposes and intent of the ULDC, and Applicant has narrowly tailored its variance request to meet the specific requirements needed for the building design. 5. Granting the variance is the minimum variance that will make possible the reasonable use of the parcel of land, building or structure. Variance #4: Granting of these variances will allow the Applicant to make reasonable use of the Property. Applicant has narrowly tailored its variance request to ask for only what is required to allow the Applicant to make reasonable use of the Property in connection with the building design given the unique and tight geometry of the site. 6. Granting the variance will be consistent with the purposes, goals, objectives, and policies of the Plan and this Code. Variance #4: Objective 1.2 of the Palm Beach County Comprehensive Plan (the Plan ) indicates that the Urban/Suburban tier is expected to accommodate the bulk of the population and its need for employment, goods and services, cultural opportunities, and recreation. Granting of Variance #4 is consistent with this and similar goals and objectives of the Plan and the ULDC since Variance #4 will accommodate the unique and tight site geometry by preserving the R.O.W. buffer and accommodating the required utility easements. Thus granting Variance #4 would allow the Project to function efficiently and therefore provide employment, goods and services to the community and region. 7. Granting the variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Variance #4: Granting Variance #4 will not be injurious to the area involved or detrimental to the public welfare. As stated above, the Project will serve to benefit the community and granting Variance #4 will allow this to occur. VI. Conclusion For the above reasons the Applicant respectfully requests that Variance #4 be approved for the Project. ZC 08/06/2015 Page 90