High Ridge Com. Ctr. 01-... (2)DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: High Ridge Commerce Center #2
APPLICANT'S AGENT: Winston Lee, ASLA, AICP/Winston Lee and Associates, Inc.
APPLICANT'S ADDRESS: 1532 Old Okeechobee Road, Suite 106, West Palm Beach, FL 33409
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 7, 2002
TYPE OF RELIEF SOUGHT: Request for relief from the City of Boynton Beach Land Development
Regulations, Chapter 7.5, Environmental Regulation, Article II Section 3, B. 4.,
to allow parked vehicles to encroach two (2) feet into a seven (7) foot
landscape buffer area required by code for a manufacturing / industrial building
in a M-1 zoning district.
LOCATION OF PROPERTY: Southwest High Ridge Road and Miner Road, Boynton Beach, FL.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings
and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the relief
sought by the applicant and heard testimony from the applicant, members of city administrative staff and
the public finds as follows:
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
The Applicant
~" HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set forth
on Exhibit "C" with notation "Included".
The Applicant's application for relief is hereby
~" GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk
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6. A, further development made in accordance with the terms and
conditions of this order ~-~',,''~
7. Other ~ ~ ~"' ~ =
DATED: Ol -~d-og
~~~ Ci~ Clerk
S:~Planning~SHARED~WP~PROJECTS~High ~dge Com~rce Center ~NCV 0~~~'
Location Map
HIGH RIDGE COMMERCE CENTER :/¢2
EXHIBIT "A"
R1AA
SITE
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M1
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1000
1000 Feet
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EXHIBIT "C"
regulations and performance standards which are related to groundwater
protection.
Policy 1.11.6
The City shall continue to adopt and enforce regulations to require percolation
of the first one-half inch of' stormwater runoff into grassy swales or other
landscaped areas, through the enforcement of pertinent regulations, and
require inlets and catch basins to be located in grassy s;vales or other
landscaped areas, except on sites of less than one-half acre where the
application of this requirement would not be reasonable.
Policy 1.11.7
The City shall, through the enforcement of pertinent regulations, continue to
require that property which has been cleared be seeded and mulched within 30
days, in order to minimize blowing soil, unless the developer diligently
proceeds with the construction of buildings, infrastructure, or other
improvements to the site.
Policy 1.11.8
The City shall continue to adopt and enforce regulations, as well as, new or
revised policies within, and revisions to the Transportation Element to require
that development projects include the provision of facilities for pedestrian and
bicycle transportation, and mass transportation, wherever practical, in order to
reduce air pollution from automobiles.
Policy I. 11.9
The City shall, through the enforcement of pertinent regulations, continue to
require that, in the event of prior knowledge of any archaeological site on a
development site, or the discovery, of archaeological artifacts during project
construction, the developer shall stop construction in that area and
immediately notify the Division of Archives, History and Records
Management, in the Florida Department of State. Proper protection to the
satisfaction of the division shall be provided by the developer.
Policy i. 11.10
The City shall annually request local historical societies to review the lists and
maps of historic properties contained in the completed historical survey for
annual addiiions of eligible properties to these lists and maps. The City
Commission shall be allowed to adopt and/or revise the lists and/or maps of
historical properties which are shown in the historic survey and the
Comprehensive Plan, by resolution for recording with the state.
Policy 1.11.11
By 2002, the City shall prepare and adopt a historic preservation ordinance to
implement the recommendations of the Historic Site Survey.
1.11.12
The City shall continue to enforce existing development regulations that
provide for open space preservation by requiring the preservation of 25% of
all "A", "B", and "C" rated sites of I0 or more acres. These standards shall be
placed as the conditions of approval for development orders and permits
where applicable.
City of Boynton Beach
EAR-based Comprehensive Plan
Amendments 00- l ER
1-10
Date: June 20, 2000
Future Land Use Element
Ordinance No. 00-29
EXHIBIT "D"
Table 2. Listing of Boynton Beach Natural Resource Sites
Site Geographic Area in Summary
# Location Acres Evaluation Annotation
1 43-45-08-1 88.6 B
2 43-45-08-2 29.7 X
3 43-45-07-1 52.4 X
4.a.* 43-45-17-1 141.8 A
4.b. 43-45-16-3 A
4.c. 43-45-20-2 A?
5* 43-45-16-2 40.1 A
6* 43-45-16-5 19.0 A
7* 43-45-21-1 9.6 A
8 43-45-20-1 11.2 B
9 43-45-20-4 6.2 D
10 43-45-30-1 21.6 D
11 43-45-20-5 17.1 D
12' 43-45-29-1 .I--5~ 59.7 A
13' 43-45-32-I, -2,4~.725.0 A
14' 43-45-32-3 24. I A
15' 43-46-05-I 7.0 B
16 43-45-31-1 22.4 C
17 43-45-31-2 17.6 X
18 43-45-30-2 17.4 X
Pine Flatwoods and disturbed PF; pond with emergent
vegetation. East of High Ridge Country Club. Lift Station
#717 is located here.
Residential development in progress.
Cleared.
Florida Scrub. County Site "Eco-87 Quantum NE Scrub".
West of Highridge Rd.; Part of the site is in the Quantum
Park DRI development. Portions in Boynton Beach and
County.
Disturbed Florida Scrub corridor. County site "Eco-36
Quantum RR-I95 Route".
Restricted access. South portion of Quantum DRI
development.
Florida Scrub. County site "Eco-36 Quantum High Risk".
Part of Quantum Park development both east and west of
Highridge Rd.; mad clearing and development in progress.
Composite of Quantum sites total 9 listed endangered
species.
Florida Scrub with disturbed border. County site "Eco- 3~,
Rolling Green Scrub". Endangered species total 8.
Florida Scrub. County site ."Eco-32, Galaxy Scrub".
Endangered species total 9.
Florida Scrub site with scrub oaks of shrub and small tree
size disturbed by trails and disturbed borders along RR and
1-95 rights-of-way. County site "Eco-32 Industrial
Scrub".
Dense stand of Melaleuca (Melaleuca quinquenervia),
Australian pine (Casuarina equisetifolia), and Brazilian
pepper (Schinus terebinthifolius), and area of grassy and
ruderal species.
A mix of Melaleuca and other exotics.
Former Pine Flatwo~Is now crowded with weeds.
3 _~arcels. Disturbed Pine Flatwoods, Florida Scrub, and
open grassy with ruderal species. Corridor, western border
of I- 95, Eco-31 Boynton 7th St Scrub fight of way. See
text narrative for additional information.
South of Woolbright Road. Pine Flatwoods and open
grassy; disturbed by previous cleating al ground level and
entry of ruder-al species. County site "Fx:o-70 N I95-RR 23
Rd Corridor~. No on-site visit. Endangered species total 1.
A continuation of site #13, County site "Eco-70 S I95-RR
23 Rd Corridor". No on-site visit.
Small disturbed Pine Flatwoods ecotone with Florida
Scrub. Caloosa Park. Cited for preservation due to location
within a public park.
Disturbed Pine Flatwoods with exotic weeds. Seen only
from Congress Ave.
Already Developed.
Already Developed.
continued ...
-23-
EXHIBIT "D"
CITY OF BOYNTON BEACH
CONSE, qY~I TION EL E/ENT
FIGURE 4 - NATURAL RESOURCES
LEGEND
U
40
2].
27
J!
20.
~£
Winston
Lee
Associates, Inc.
EXHIBIT "E"
High Ridge Commerce Center No. 2
Miner & High Ridge Road
Variance Request to Chapter 7 ¼, Article H, Sec. 3.B.4.
Request to Allow a Vehicle to Encroach into a Landscaped Area
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.
Response: This parcel of land is extremely long, and narrow in depth. In addition, the City
directed location of the preserve area along the western property line, compounds the design
problems associated with the already narrow depth of the property. Therefore, from a design
standpoint, this variance will allow for the required buffer plantings to be accommodated
in the buffer, while allowing the vehicles to encroach into the grass area. This variance will
aid the site design in allowing the circulation around the buildings to function more
efficiently.
B. That the special conditions and circumstances do not result from the actions of the applicant;
Response: The configuration of the lot was not the result of the applicant or his
predecessors, nor is the location of the area determined by the City to be best suitable for the
preserve area. These factors contribute to the site design constraints which necessitate this
variance request.
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;
Response: The granting of the variance will not confer any special privileges and will allow
all the buildings on this site to be sited as allowed on other lands within the district.
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;
Response: The literal enforcement of the provisions of this chapter, as well as the preserve
area requirements, would deprive the applicant of a reasonable development scenario on
this parcel of land.
1532 Old Okcechobcc Road. Suite ll)O. West Palm Beach. FL 33409-5270
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EXHIBIT "E"
High Ridge Commerce Center No. 2
Miner & High Ridge Road
Variance Request to Chapter 7 V:, Article II, Sec. 3.B.4.
Request to Allow a Vehicle to Encroach into a Landscaped Area
Page 2
That the variance wanted is the minimum variance that ~vill make possible the reasonable
use of the land, building or structure;
Response: This request is the minimum variance possible to allow ~br the reasonable use
of the property.
That the ~anting of the variance will be in harmonv with the ~eneral intent and purpose of
this chapter and that such variance will not be injurious to th~ area involved or otherwise
detrimental to the public ~velfare.
Response: The variance is in harmony with the general intent and purpose of this chapter
and is not injurious to the area or detrimental to the public welfhre. Ail the required
landscape buffer plant materials will be provided. It will simply allow the autos to overhang
the grass.
EXHIBIT "F"
Conditions of Approval
Project name: High Ridge Commerce Center #2
File number: ZNCV 02-015
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 DMSION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. None ~
S:\Planning\SHARED\WP\PROJECTS\Richardson Duplex~ZNCV~Condition of Approval.doc