PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION. ZONING COMMISSION VARIANCE STAFF REPORT January 9, 2009

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1 PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION ZONING COMMISSION VARIANCE STAFF REPORT January 9, 2009 APPLICATION NO. CODE SECTION REQUIRED PROPOSED VARIANCE ZV G.3.C Table 8.G.3.C 12 Minimum Setback for Freestanding flagpoles 38.5 feet 19 feet feet SITUS ADDRESS: Flanders Way Delray Beach S Jog Rd Delray Beach Flanders Way Delray Beach Burgundy Ave Delray Beach Burgundy Ave Delray Beach Flanders Way Delray Beach Flanders Way Delray Beach AGENT NAME & ADDRESS: Nicole Simpson Kilday & Associates, Inc Forum Pl West Palm Beach FL OWNER NAME & Kings Point Housing Corp ADDRESS: 7000 W Atlantic Ave Delray Beach FL PCN: ZONING DISTRICT: RH BCC DISTRICT: 05 PROJECT Donna Adelsperger, Site Planner I MANAGER: LEGAL AD: ZV Title: Resolution approving a Type II Zoning Variance application of Kings Point Housing Corp & by Kilday & Associates, Inc., Agent. Request: to allow a reduction of a setback (for flagpole) to the south property line. General Location: North side of Linton Blvd., approximately 0.5 miles West of Sims Road. (KINGS POINT) ( ) LAND USE: HR-18 S/T/R: CONTROL #: LOT AREA: acres LOT DIMENSIONS: CONFORMITY OF LOT: Proposed area is rectanglular in shape and 24 feet in width by feet in length. None CONFORMITY OF None ELEMENT: ZC January 9, 2009 Page

2 TYPE OF ELEMENT: None ELEMENT SIZE: None BUILDING PERMIT #: CONSTRUCTION STATUS: APPLICANT REQUEST: None None NOTICE OF VIOLATION: None to allow a reduction of a setback to the south property line for a free standing flagpole. Type II Zoning Variance Request This request is for a Type II Variance from the regulations contained in ULDC Table 8.B.3.C-12 regarding setbacks for Freestanding Flagpoles. The applicant is proposing a 35-foot free standing flagpole which requires a setback of 110% of the flagpole height for an ultimate setback of 38.5-feet. The request is to allow a decrease in setback for a freestanding flagpole from 38.5 feet to 19.0 feet (a variance of 19.5 feet), for the Kings Point Development. The Kings Point development is generally located west of Sims Road and extends west to Jog Road and north of Linton Boulevard to Atlantic Avenue. The location of the proposed freestanding flagpole is located at the new entrance on Linton Boulevard between Sims Road and Jog Road. The applicant states that this new entrance is the only access on Linton Boulevard between Sims and Jog Road and that this freestanding flagpole will aid residents and guests in identifying the entrance. General Location and Existing Conditions North side of Linton Boulevard between Sims Road and Jog Road. The Kings Point Development consists of approximately 640 acres was approved via building permits in the 1970's as a multifamily/condominium development with a golf course. Compatibility with Surrounding Land Uses To the south of the proposed freestanding flagpole location, across Linton Boulevard, is the American Heritage School. To the north, east and west of the proposed freestanding flagpole location are several condominium buildings located within the Kings Point development and the fairway for the golf course. Summary of Table 8.G.3.C-12, Flag and Flagpole Standards The intent of Table 8.G.3.C-12, Flag and Flagpole Standards, is to establish the maximum number of flags permitted, ration of length of flag to height of flag, maximum flagpole and flag height, minimum setbacks, and maximum height and flag size for wall mounted flagpoles. The purposes of the aforementioned regulations are to ensure that flagpoles within the County are erected in such a way as to minimize any potential adverse impacts on surround propertied, and ensure compliance with the Florida Statutes when an American Flag is proposed. STAFF SUMMARY Staff is recommending denial of the request, based upon the standards enumerated in Article 2, Section 2.D.3 of the Palm Beach County Unified Land Development Code (ULDC), which an applicant must meet before the Zoning Commission may authorize a Variance. The applicant is claiming a hardship due to the location of the project entrance. The Kings Point property consists of a residential golf community encompassing over 640 acres approved, and built via building permits. The entrance point of the property is located on the north side of a major roadway - Linton Boulevard. Staff maintains that due to the proposed proximity to the adjacent roadway, the availability of different design alternatives, and overhead power lines that the proposed location and height are detrimental to the surrounding area should the flagpole fall. ZC January 9, 2009 Page

3 The applicant states that the use of the flag is to provide a means to identify the site and to serve as a sign or landmark. The applicant currently has an entrance wall sign at the new entrance to the development and thus the freestanding flagpole would provide additional signage for this site. The applicant has sufficient room to re-locate the freestanding flagpole to meet the requirements of Article 8 and still accomplish the proposed intent to identify the new entrance for the development. The applicant states that the display of the freestanding flag closer to the property line will give the site recognition in terms of location, acting both as a way-finding landmark as well as a display of the nation's flag. If the Zoning Commission allows a flag at the reduced setback then staff has provided a condition allowing some deviation from the ULDC but not for a flagpole at the height the applicant is requesting. (See Flag Condition 3) Staff is recommending condition 3 limiting the height of the freestanding flag pole due to the proximity of the overhead FPL lines immediately to the south. Other design options that are available include: Relocation of the freestanding flagpole to meet setback requirements; Relocate the flag to the entrance sign as a wall mounted or suspended flagpole; Trim the perimeter hedge; Installation of a T intersection sign issued by the Traffic Division; or Project identification signs which could be located at the corners of Sims Road and Linton Boulevard and Jog Road and Linton Boulevard 25 foot light pole Proposed freestanding flag pole location (height not to scale) ZC January 9, 2009 Page

4 Required setback Proposed setback Overhead FPL Lines Proposed location for tower with existing entrance signs, overhead power lines and T intersection sign. ZC January 9, 2009 Page

5 Aerial of location of new entrance on Linton Boulevard U-Turn Apron on looking west on Linton Boulevard ZC January 9, 2009 Page

6 Linton Boulevard heading west Approximate location of T intersection sign Linton Boulevard looking east from entrance ZC January 9, 2009 Page

7 Flanders Way new entrance from Linton Boulevard Project Identification sign possible locations ZC January 9, 2009 Page

8 Agents photo of entrance Agents photo of U-Turn Apron on Linton Boulevard ZC January 9, 2009 Page

9 Agents photo simulation with Flag ZC January 9, 2009 Page

10 Variance Exhibit dated November 19, 2008 ZC January 9, 2009 Page

11 STAFF RECOMMENDATION To deny the request to allow a reduction of a setback to the south property line for a freestanding flag pole, based upon the following application of the standards enumerated in Article 2, Section 2.D.3 of the Palm Beach County Unified Land Development Code (ULDC), which an applicant must meet before the Zoning Commission who may authorize a variance. ANALYSIS OF ARTICLE 2, SECTION 2.D.3.G.2 VARIANCE STANDARDS 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: NO. No special conditions exist which make this parcel unique that are not applicable to other parcels of land, structures or buildings in the same zoning district. A 232 foot median is located within the new entrance on Flanders Way and is setback approximately 34 feet from Linton Boulevard. Providing the freestanding flagpole at the required setback of 38.5 feet is possible and will allow a reference point for the residences and guests of the development. Staff does not recognize this as a unique circumstance in relation to the scale and location of the property as the site has sufficient signage via an existing entrance sign. Additional design alternative are available to the application thorught the utilization of a street sign and entrance ahead sign that are available through the traffic dvision at no cost, the application for the sign permit(s) are pending. They also have the option of a project identification sign refer to map for possible locations. 2. SPECIAL CIRCUMSTANCES AND CONDITIONS DO NOT RESULT FROM THE ACTIONS OF THE APPLICANT: NO. Special circumstances and conditions do result from the actions of the applciant as the conifguration and location of the property is inherent to the site, and is a result of the actions of the applicant. The applicant maintains that the location of the entrance divider median located at such a distance from the travel land was the result of engineering deisgn associated with the development of the entrance and the existence of the u-trun aprons evolved as a method in faciliting u-turns on Linton Bouleved. Although this is accurate, it does not justify the requested variance as the freestanding flagpole can be erected within the median while maintaining the required setback. As mentioned before the applicant has other design alternatives available to provide sufficent entrance identification. Staff maintains that no special circumstances or condition exist to support the variance. 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, BUILDINGS OR STRUCTURES IN THE SAME ZONING DISTRICT: NO. Special privileges are being granted to the applicant with the approval of the reduced freestanding flagpole setback. The freestanding flagpole can be setback in accordance with the code and thus not require granting of this variance. Granting of the variance does confer special privileges denied by the plan or the code to other parcels of land in the same zoning district and will be disruptive to the surrounding area. 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: NO. Literal interpretation of the ULDC requirements would not create an unnecessary hardship for the applicant if the variance is not approved. The Flanders Way entry is located along Linton Boulevard and is a right turn in and right turn out access point. The code requires that the flagpole to be located 38.5 feet from the property line. A median currently exists on the Flanders Way entry with sufficinet length to accomdate a 35-foot high freestanding flagpole with the required setback of 38.5 feet. The median within Flanders Way is approximately 323 feet in length. The intent of the ULDC Article 8 provisions, which include the freestanding flagpole provisions, is to promote and aid in the identification, provide aesthetics for a pleasing environmental setting, promote general safety and protect the general public from damage or injury, provide for compatibility with the overall design ZC January 9, 2009 Page

12 objectives and adjacent architecture and neighborhoods, and to provide the essential identity of, and direction to, facilities in the community. Literal interpretation of the ULDV will allow the applciant to erect a freestanding flagpole (with the requried setback) that will help promote and aid in the identification of the developments entrance without injuring the public. 5. GRANT OF VARIANCE IS THE MINIMUM VARIANCE THAT WILL MAKE POSSIBLE THE REASONABLE USE OF THE PARCEL OF LAND, BUILDING OR STRUCTURE: NO. This variance request is not the minimum necessary to make reasonable use of the land. The 35 foot high freestanding flagpole can be erected in conformance with the required setback 38.5 feet and still provide a visual marker for those attempting to access the site. As mentioned before, additional desing alternatives are available to the apolicant through the utilitzation of a street sign and entrance ahead sign that are available through the traffic division at no cost; the applicant has recently applied for the sign permits. 6. GRANT OF THE VARIANCE WILL BE CONSISTENT WITH THE PURPOSES, GOALS, OBJECTIVES, AND POLICIES OF THE COMPREHENSIVE PLAN AND THIS CODE: NO. The requested variance is not consistent with the purposes, goals, objective and policies of the Comprehensive Plan and the ULDC. Nothing within these doucmetns prohibits the appropriate display of a U.S. flag on commercial or residential property. Although the freestanding flagpole may provide adequate time for drivers to react to the project entrance while driving westbound on Linton Boulevard; the granting of the variance would negatively impact the health, safety and welfare of the citizens of the County due to the presence of the overhead FPL power lines. In addition, the applicant has sufficient room to erect the freestanding flagpole within the required setback to help promote and aid in the identification of the development entrance, which would be consistent with the intent of Article 8. The purpose of these project identification sign is to tell where a project located at. 7. THE GRANT OF THE VARIANCE WILL NOT BE INJURIOUS TO THE AREA INVOLVED OR OTHERWISE DETRIMENTAL TO THE PUBLIC WELFARE: NO. The requested variance will be injurious to the area involved and detrimental to the public welfare due to its proximity to the overhead FPL power lines. The 35 foot high flagpole, at the requested setback of 19 feet, would only be aproximately 24 feet north of the overhead power lines. This distance would create an unsafe situation for all in the event that the freestanding flagpole should fall. ZC January 9, 2009 Page

13 ZONING COMMISSION CONDITIONS If the ZC approves the variance request, staff recommends the following conditions of approval: VARIANCE-1. The property owner shall provide the Building Division with a copy of the Variance Result Letter, Zoning Commission resolution and a copy of the site plan and survey presented to staff, simultaneously with the building permit application. (ONGOING-BLDG PERMIT: BLDG) VARIANCE-2. The Develpment Order for this non-concurrent variance shall be valid for a period of one year from the date of the Zoning Hearing. The property owner must secure a building permit or commence development to vest the variance pursuant to ULDC Table 2.E.3-B-1. (DATE: MONITORING - Zoning) VARIANCE-3. The flagpole fronting on Linton Boulevard shall be limited as follows: a. maximum flagpole height, measured from finished grade to highest point seventeen and one quarter feet (17.25) feet; b. maximum flag area fifty-three and one half (53.5) square feet; c. maximum number of flags - one (1); e. location - Linton Boulevard 19 feet north of the south property line; and, f. flag shall be limited to an Amercan Flag only. (BLDG PERMIT: BLDG - Zoning) COMPLIANCE-1. 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 Zoning Commission for review under the compliance condition of this approval. (ONGOING: MONITORING - Zoning) COMPLIANCE-2. 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; 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 ULDC 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 Conditional Use, Type II Variance, 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. Departmental administrative actions made pursuant to this condition may be appealed as provided in the Unified Land Development Code (ULDC), as amended. Appeals of any revocation of a Conditional Use, Type II Variance, Development Order Amendment or other actions based on a Zoning Commission decision shall be by petition for writ of certiorari to the Circuit Court, Appellate Division, 15th Judicial Circuit of Florida. (ONGOING: MONITORING - Zoning) ZC January 9, 2009 Page

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