Loading...
Minutes 01-17-96 MINUTES OF THE BOARD OF ZONING APPEALS MEETING HELD AT MANGROVE PARK SCHOOL CONFERENCE ROOM, SECOND FLOOR, BOYNTON BEACH, FLORIDA, ON WEDNESDAY, JANUARY 17, 1996, AT 7:00 P.M. PRESENT James Miriana Tambri Heyden, Planning 6~ Zoning Howard Rappoport Director Rober~ Taylor Hike Haag, Site ~ Develop. ^dmin. Ben Uleck Agnes Hollingshead ABSENT Herman Gold, Alternate 1. ACKN_O~L ED G EF'IENT_O~'J~IEI~BERS AN D ¥1SI TO~ Prior to the start of the meeting, Mr. Rappoport reported that Mr. Herman Gold was ill and would not be present for the meeting. Ms. Heyden called the meeting to order at 7:05 p.m. She congratulated the members on their appointments, and explained that the purpose of this board is to grant variances to the City's Zoning Code. This board will meet on the third Monday of every month at 7:00 p.m. If there are no applications to be heard by the board, the members will be notified by telephone that the meeting is cancelled, if time permits, the members' packages will be delivered by U. S. Mail; however, in most cases, they will be hand delivered prior to the meeting. Ms. Heyden introduced herself and Mike Haag, and announced that they will attend future meetings of this board as staff liaisons. The members introduced themselves. Ms. Heyden explained that the Board of Adjustment was a quasi-judicial board. The proceedings held by that board were a final action. The appeal to decisions by the Board of Adjustment was through the court system. The Board of Zoning Appeals has been structured so that decisions are appealable to the City Commission by any aggrieved person. Therefore, these proceedings are not quasi-judicial. Ms. Heyden recommended, however, that the meetings continue to be conducted in a quasi-judicial manner until further notice. The applicant will make his/her presentation. Staff will fill in the gaps and present additional information. Board members can then ask questions. After receiving testimony from both sides, the public hearing must be opened. MEETING MINUTES BOARD OF ZONING APPEALS BOYNTON BEACH, FLORIDA JANUARY 17, 1996 Mr. Uleck moved to nominate ]ames Miriana as Chairman of the board. Mr. Taylor seconded the motion. Motion WJtb no additional nominations, Mr. Taylor moved to close the nominations. The motion carded unanimously. Mo_tion Chairman MJrJana moved to nominate Ben Uleck as Vice Chairman of the board. Mr. R~ppoport seconded the morion which carded un~n[mo~sly. 3. A~KO~G~ The agenda was accepted as presented. 4. ~ ~QVA~~TES In Chai~an Midana's opinion, readin~ of the minutes of the last Board of Adjustment meeting was not necessa~. S. CO~T~~~~ ' Chairman Miriana announced that future meetings of this board will begin promptly at 7:00 p.m. The board is made up of ~ve regular members and ~o alternates. The alternate members ~iII se~e on an akemadng basis. Three members make up a quorum. If only ~ree members are present, the applicant has the right to request a postponement until ~e members are present. If the applicant elects to move fo~ard with the proceedings with only three board members present, he/she will do so with the understanding that he/she will accep~ the decision made by those three members. Chairman Miriana questioned whether or not an attorney will be present at ~ture board meetings. Ms. Heyden will investigate, and report back at the next meeting. Chairman Midana also remarked that the Board of Adjustment meetings were quasi-judicial, and for that reason, eve~one testi~ng had to be sworn in. Ms. Heyden will also investigate this issue and report back at the next meeting. MEETING MINUTES BOARD OF ZONING APPEALS BOYNTON BEACH, FLORIDA JANUARY 17, 1996 Chairman Miriana noted that no recommendation was made with regard to whether or not a board secretary should be elected. He does not feel a secretary is necessary, and the Vice Chairman will read the applications in the future, in response to a question from Chairman Miriana, the Recording Secretary reported that no communications were received with respect to this application. 6. OLD~USIHESS None 7. NEW~U ~ES$_ PUB ~ EA~C~_ A. Case No. 212 Location: 270.28 feet east of the intersection of High Ridge Road and Miner Road (extended) 'Property Owner: Condor Investment of Palm Beach County, Inc. Requested Variance: Request for relief from Section 7. H. 17 of Chapter 2 of the City of Boynton Beach Land Development Regulations to eliminate the requirement for a 25 foot wide peripheral greenbelt along 540.56 feet of the south boundary of High Ridge Commerce Park PID (Planned Industrial Development) Chairman Miriana read the applicant's request. Diane ~ohn,~LCrav -en:Th~~d Associates, represented Condor Investments of Palm Beach County, Inc. This request to eliminate the 25 foot peripheral greenbelt will allow Waste Management to expand their facilities. They have already submitted an application to vacate Miner Road to the City, and a 25 foot landscape easement. In addition, they submitted a site plan and use approval application. The site plan was approved by the City Commission an d the abandonment request was granted. Only four lots are involved in this variance request. High Ridge Commerce Park is zoned PID and requires the peripheral greenbelt. The four lots in question abut the PID and the M-1 property. The greenbelt will cut across the facility and not allow the expansion of the Waste Management facility. No green space is being eliminated. It is continued around the property boundaries. Ho~LC~GeneraLHanage~d~?resJdent_o£Waste_ Managem_~Palm~B each, pointed out the current Waste Management site on the map which was displayed on the easel. 3 MEETING MINUTES BOARD OF ZONING APPEALS BOYNTON BEACH, FLORIDA JANUARY 17, 1996 He explained that Waste Management intends to purchase the property and expand into it. In order to do that, there was a request, which has already been granted, to vacate what could have been an extension of Miner Road. Since this will be an expansion, there is no need for the landscaping buffer across the center of the parcel. That buffer will be a hindrance to the operation. This expansion will allow for more parking and storage area for refurbished containers. In response to Mr. Rappoport's question, Mr. Cherry explained that refurbished containers have been washed, cleaned, repainted, and are ready for use. The containers can also be new containers that were manufactured and delivered from the vendor. No waste is stored in this area; therefore, no odors are perceptible. Waste Management has been operating in this area for four years, and there have been no problems to date. Mr. Cherry stated that there will be no problems in the future. Discussion ensued relative to the property north of this site. Mr. Cherry explained that a greenbelt area will be provided on the north in addition to the industrial area which will also buffer the Waste Management site from the residential area. Ms. John added that the applicant has met the Landscape Code with regard to the amount of trees which are being relocated and added. Ms. Heyden referred to Exhibit "A", the location map, and Exhibit "B", the site plan which has already been approved by the City Commission. This is the first application the City has received in this PID since it was platted. Waste Management currently has a facility on the property which is zoned M- 1. The applicant will not be rezoning the four parcels in question to unity the properties. Ms. Heyden used the map to point out the zoning line. Ms. Heyden reminded the members that this request was scheduled to be heard by the Board of Adjustment in December; however a quorum could not be achieved, and the board could not take action at that time. Ms. Heyden advised that our Code requires hedges along the perimeter of the property line. There is no set requirement with respect to the type of landscaping in the buffer greenbelt. This is a decision which is made between staff and the applicant. However, when property abuts a right-of-way, a hedge and trees 40' on center are required. Mr. Taylor questioned the significance of ~e incompatibility between the PID and M- 1 zones. Ms. Heyden advised that the M- 1 zoning district is a light industrial district which allows a large cross-section of industrial uses. Each PID is reviewed individually. When a PID is established, a fixed set of uses must be approved for that PID. Because of the development problems involved with this PID, no set list of approved uses was established. This use has now been approved by the City Commission with two conditions as follows: 1. This use can only be located on these lots; and MEETING MINUTES BOARD OF ZONING APPEALS BOYNTON BEACH, FLORIDA JANUARY 17, 1996 2. this use must be treated as an accessory use to another lawful principal use. THERE WAS NO ONE PRESENT IN THE AUDIENCE TO SPEAK IN FAVOR OR OPPOSITION OF THIS APPLICATION. .... Mr. Rappoport moved to approve the request for relief from Section 7.H. 1 7 of Chapter 2 ·.l of the City of Boynton Beach Land Development Regulations to eliminate the requirement for a 25 foot wide peripheral greenbelt along 540.56 feet of the south boundary of High Ridge Commerce Park PID (Planned Industrial Development). Mr. Taylor seconded the motion. The Recording Secretary polled the vote as follows: Chairman Miriana Aye Mr. Rappoport Aye Mr. Taylor Aye Mr. Uleck Aye Ms. Hoilingshead Aye The vote was unanimous to GRANT the variance. 8. _OTHER BUS]NESS_ S£h_edul e _o_fH ee tin g~~ The nex~ meeting of the Board of Zoning Appeals will be held on Monday, February i 2, 1996, at 7:00 p.m. '- 9. C~NTS BY NEHBERS None. 10. ADjOURNHENT There being no further business to come before the board, the meeting properly adjourned at 7:35 p.m. Recording Secretary (One Tape)