AGENDA DOCUMENTS
Planning and Zoning Department Memorandum No. 96-051
Agenda Memorandum for
February 20, 1996 City Commission Meeting
To:
Carrie Parker
City Manager
From:
Tambri J. Heyden
Planning and Zoning Director
Date:
February 15, 1995
Re:
Boynton Commerce Center PID - HTEX #96-001
(Height exception for 100 foot antenna)
Please place the above-referenced request on the August I, 1995
City Commission agenda for Commission action under development
plans.
NATURE OF REQUEST
Mr. Frederick Roth, Jr., P.E., Michael B. Schorah & Associates,
agent for AT&T Wireless Services, has requested an exception to
the city's 45 foot height limit for the construction of a one
hundred (100) foot (above grade) monopole communications tower at
the Boynton Commerce Center PID. The proposed facility (tower and
unmanned equipment building), will be located in the southeast
quadrant of the development property. South of the site is the
Gulf Road (S.W. 23rd Anenue) overpass for I-95 and the railroad;
to the east is the railroad right-of-way and an undeveloped park
tract (which borders I-95 on the east side of the park tract); to
the north is the existing Boynton Commerce Center facilities
(warehouse, offices and manufacturing); and to the west is an
undeveloped within the development. (see Exhibit "A" for location
map) .
BACKGROUND
Chapter 2 - Zoning, Section 4.F. HEIGHT LIMITATIONS AND
EXCEPTIONS, of the Boynton Beach Land Development Regulations
requires, in part, that structures exceeding 45 feet in height
are not allowed, except that "water, cooling and fire towers,
radio and television towers of commercial nature, church spires,
domes, cupolas, flagpoles, electrical and mechanical support
systems, and similar structures, and their necessary mechanical
appurtenances may be erected within a structure or on top of the
structure", above the district height limitations after obtaining
approval of the City Commission based on their consideration of
the standards for evaluating exceptions to district height
regulations. In considering an application for exception to the
district height regulation, the City Commission shall make
findings indicating the proposed exception has been studied and
considered in relation to the standards below, where applicable.
The City Commission may, in conjunction with processing of the
application for exception, refer same to the Planning and
Development Board. Furthermore, no advertising or special notice
requirements are required.
ANALYSIS
The antenna device is proposed to be attached to a monopole
structure extending 100 feet above the surrounding ground. This
monopole will be erected adjacent to a new antenna building,
which will require a future site plan approval (see attached
Exhibit "B" for map of detailed location of monopole and proposed
elevation of this structure). The antenna device are to be
solely used for internal facility communications and research and
Page 3
Boynton Commerce Center PID
Memorandum No. 96-051
for WXEL on Congress Avenue) served public purposes.
Congress Avenue Middle School has three antenna poles
(their height is not known since the school did not go
through the city's approval process) for broadcasting
and educational purposes. Therefore, it could be
argued that this approval will not grant a special
privilege to an individual owner.
Standard h. Whether sufficient evidence has been presented to
justify the need for a height exception.
Based on the materials that have been submitted, there
may be evidence to justify AT&T's stated need for a
height exception, while providing for assurances that
the impact to the public can be minimized. It is noted
that additional landscaping, although not possible to
screen a 100 foot monopole structure, could be a
benefit in the vicinity of the monopole on the property
Standard i. The request for a height exception may be referred
to the Planning and Development Board for further study.
No response is necessary.
RECOMMENDATION
As requested, staff is not presenting a recommendation regarding
this submittal. However, the above responses to the height
exceptions standards should provide some direction to the
Commission and some alternatives to finding a balance between
encouraging technology within the city, without sacrificing the
quality of the city's environs.
A:HgtExatt.dcd
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a:hgtexatt.dcd
Planning and Zoning Department Memorandum No. 96-051
Agenda Memorandum for
February 20, 1996 City Commission Meeting
To:
Carrie Parker
City Manager n' 11 II . nil.
~2..l.-1 \J/ / 1/ ti.-(..~t.V
Tambri J. Heyden M. 7 vN .
Planning and Zoni 9 Director
From:
Date:
February 15, 1995
Re:
Boynton Commerce Center PID - HTEX #96-001
(Height exception for 100 foot antenna)
Please place the above-referenced request on the February 20,
1996 City Commission agenda for Commission action under
development plans.
NATURE OF REQUEST
Mr: Frederick Roth, Jr., P.E., Michael B. Schorah & Associates,
agent for AT&T Wireless Services, has requested an exception to
the city's 45 foot height limit for the construction of a one
hundred (100) foot (above grade) monopole communications tower at
the Boynton Commerce Center PID. The proposed facility (tower and
unmanned equipment building), will be located in the southeast
quadrant of the PID. South of the site is the Golf Road (S.W.
23rd Avenue) overpass for 1-95 and the C.S.X. railway. To the
east is the C.S.X. railway right-of-way and undeveloped
recreation (REC) zoned property which borders 1-95 on the east
side of the REC property. To the north is the existing Boynton
Commerce Center facilities (warehouse, offices and
manufacturing). Directly west is undeveloped land within the PID
(see Exhibit "A" for location map) .
BACKGROUND
Chapter 2 - Zoning, Section 4.F. HEIGHT LIMITATIONS AND
EXCEPTIONS, of the Boynton Beach Land Development Regulations
requires, in part, that structures exceeding 45 feet in height
are not allowed, except that "water, cooling and fire towers,
radio and television towers of commercial nature, church spires,
domes, cupolas, flagpoles, electrical and mechanical support
systems, and similar structures, and their necessary mechanical
appurtenances may be erected within a structure or on top of the
structure", above the district height limitations after obtaining
approval of the City Commission based on their consideration of
the standards for evaluating exceptions to district height
regulations. In considering an application for exception to the.
district height regulation, the City Commission shall make
findings indicating the proposed exception has been studied and
considered in relation to the standards below, where .applicable.
The City Commission may, in conjunction with proce.sing of the
applioation for exoeption, refer same to the Planning and
Development Board. Furthermore, no advertising or special notice
requirements are required. A concurrent request for use approval
to allow communication towers within the PID is scheduled to be
considered by the Commission at the February 20th meeting, as
well.
ANALYSIS
The antenna device is proposed to be attached to a monopole
structure extending 100 feet above the surrounding ground. This
monopole will be erected adjacent to a new antenna building,
whioh will require a future site plan approval (see attached
Page 3
Boynton Commerce Center PID
Memorandum No. 96-051
have any impact on those property values. Exhibit
"D" contains line-of-sight diagrams that the
applicant has prepared to visual what the view of
the tower would be from Woolbright Road and from
three points within the Leisureville development.
From these diagrams, approximately the top 20 feet
of the 100 foot tower will be visible from
Leisureville and approximately 50 feet of the
tower will be visible from Woolbright Road. It
should be noted that the view from Woolbright Road
will become less visible when the north parcels of
the PIO are developed, as well as the vacant C-3
zoned parcel which fronts Woolbright Road, which
would permit structures up to 45 feet in height.
Standard f.
Whether the height exemption will adversely
influence living conditions in the neighborhood.
Same response is provided to Standard d above.
Standard g.
Whether the height exception will constitute a
grant of a special privilege to an individual
owner as contrasted with the public welfare.
The height exceptions that have been granted (the
city's 300 foot tower along 1-95 and a 100 foot
antenna for WXEL on Congress Avenue) served public
purposes. Congress Avenue Middle School has three
antenna poles (their height is not known since the
school did not go through the city's approval
process) for broadcasting and educational
purposes. Motorola on Congress Avenue was
recently granted a 150 foot monopole. Therefore,
it could be argued that this approval will not
grant a special privilege to an individual owner.
Standard h.
Whether sufficient evidence has been presented to
justify the need for a height exception.
Standard i.
Based on the materials that have been submitted,
there may be evidence to justify AT&T's stated
need for a height exception, while providing for
assurances that the impact to the public can be
minimized. It is noted that additional
landscaping, although not possible to screen a 100
foot monopole structure, could be a benefit in the
vicinity of the monopole on the property and made
a condition of this approval, could be reviewed as
part of the future administrative site plan
approval.
The request for a height exception may be referred
to the Planning and Development Board for further
study.
Unless otherwise directed, this request has not
been referred to the Planning and Development
Board.
RECOMMENDATION
Given the locations within the city that are better from an
aesthetic standpoint to locate a communication tower such as this
and the height of the tower compared to other towers in the city,
this request is recommended for approval. It should be noted
Page 4
Boynton Commerce Center PID
Memorandum No. 96-051
that space on existing towers has been considered and that the
city is actively studying city property options available for
leasing tower space.
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MICHAEL B. SCHORAH & ASSOCIATES, INC.
ENGINEERS · PLANNERS · DEVELOPMENT CONSULTANTS
SUITE 206
1850 FOREST HILL BLVD.
WEST PALM BEACH, FL 33406
FAX (407) 642.9726
TELEPHONE (407) 968-0080
January 15, 1996
City of Boynton Beach
PLANNING AND ZONING DEPARTMENT
200 N. Seacrest Blvd.
Boynton Beach, Florida 33425-0310
Attn: Ms. Tambri J. Hayden, Planning Director
RE: Boynton Commerce Center P.I.D. - Height Exception
Dear Ms. Hayden:
AT & T Wireless Services, a major cellular telephone provider for this area, currently has
offices at the Boynton Commerce Center. In conjunction with, and as an accessory use
to, those facilities they are seeking approval to construct a monopole type
communications tower and an unmanned equipment building on a portion of this site.
In order to move forward with this expansion of their facilities in the City of Boynton
Beach we are, on behalf of AT & T Wireless Services, requesting a Height Exception to
allow the construction of a 100 ft. (above grade) monopole communications tower at the
Boynton Commerce Center P.I.D. The proposed facility (tower and unmanned equipment
building), will be located in the southeast quadrant of the development property. This
location will afford the best buffering to the surrounding areas. South of the site is the
Golf Road (S.W. 23rd Avenue) overpass 'for 1-95 and the railroad; to the east is the
railroad right-of-way and an undeveloped park tract (which borders 1-95 on the east side
of the park tract); to the north is the existing Boynton Commerce Center facilities
(warehouse, offices and manufacturing); and to the west is an undeveloped parcel within
the development which will contain similar buildings/uses to the existing areas noted
above. Also, along the west boundary of the Commerce Center parcel is a mature
landscape buffer with large trees and the Lake Worth Drainage District E-4 canal.
As noted in the City of Boynton Beach Codes the applioation for Height Exception must,
where applicable, meet a set of standards. Those standards and our conformance with
them is as follows:
a. The proposed 100 ft. monopole tower will not have an adverse effect on the
existing and proposed land uses. This facility will be within a Planned
Industrial Park and will be compatible with that area.
(continued)
CIVIL. STRUCTURAL. DRAINAGE. HIGHWAYS. WATER & SEWER. SURVEY
~t1ClIAEL B. SClIOHAlI & ASSOCIATES,
City of Boynton Beach
January 15, 1996
Page 2
b. In order to better serve this geographical area, the location and height of
this tower is required. The use of cellular telephones by both the general
publIc and governmental agencies is growing rapidly. Used for emergency,
business, and personal calls, this service is a vital link in the
communications network.
c. The proposed monopole tower will cause little to no reduction in the light
and air circulation to surrounding areas.
d. This approval will not impact the ability to develop the adjacent properties.
As noted previously, the undeveloped parcel to the east (east of the existing
railroad) is a park site; south is the Golf Road overpass which is elevated
significantly above the subject site; north is the existing Commerce Center
(developed) and west will be future Commerce Center construction.
e. Because of the distance to surrounding developed areas and the buffering
that exists between them and this facility, is not likely that this use will have
any impact on those property values. The value of the undeveloped park
to the east will not be impacted by this use.
f. The tower will be located in a Planned Industrial Park. No residences exist
in this development. As noted above, there should be no impact on the
surrounding areas.
g. A height exception for this use (cellular communications tower) has
previously been granted in the City of Boynton Beach. It will not be a
special privilege and will in fact help to serve the public as noted above.
h. As noted in Item b above, the construction and height of the tower is.
required to provide service to this area.
i. We will comply with the City's request for this if requested.
Based on the information presented herein it is our opinion that the proposed height
exception meets with the standards established by the City.
(continued)
MICHAEL 13, SCHOHAlI & ASSOCIATES.
City of Boynton Beach
January 15, 1996
Page 3
Inclusion of the proposed communications facilities use at the Boynton Commerce Center
will enable AT & T Wireless Services to proceed with the planning and approval process
for this expansion to their facilities. We are requesting that this height exception be
considered for approval by the City.
Please feel free to contact me should you have any questions or require additional
information, please do not hesitate to contact me.
Very truly yours,
dr /v--
Frederick Roth, Jr., P.E.
FRljak/496heighl.doc
cc: Mr. Jim Randall, AT & T Wireless Services
Mr. Lane Klaschus, MJA Communications Corp.
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PLANNING AND
ZONING DEPT.
1 February 1996
City of Boynton Beach
100 East Boynton Beach Boulevard
P,Q, Box 310
Boynton Beach FL 33425-0310
Re: Agency Agreement
Boynton Commerce Center
Boynton Beach, Florida
To Whom It May Concern:
Please let this letter serve as authorization for M.J. Anderson, Inc., Fred Faulkner III, to act as the
agent, to prepare and 8ubmlt all documentation and all attend all meetings pertaining to the
above-referenced property (as described on the attached Legai Description) as it relates to
Development Review Committee, Zoning and final site plan approvals.
Furthermore, we, the owner, do hereby authorize Fred Faulkner III and agree to the terms and
conditions which may arise as part of the approval of this application as it specifically relates to
the McCaw Cellular Communications, Inc. submittal.
Very truly yours,
MIG MANAGEMENT SERVICES OF FLORIDA, INC.
;g;~erce Cemer, Ltd.
Peter D. Reed
Property Manager
PDR/lh
STATE OF FLORIDA }
COUNTY OF PALM BEACH }
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The f~79ojng instr.yment \Yf's. acknowledged before me this / -- day of February 1996 by
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Print or Stamp Name
Notary Public, State of Florida
Commission No.
Commission expires
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Page 2
Boynton Commerce Center PID
Memorandum No. 96-051
development and not leased to others for commercial purposes.
The height exception standards are listed below, including the
applicant's response (Exhibit "C" contains a copy of the
applicant's submitted response). Staff response is as follows:
Standard a. Whether the height exception will have an adverse
effect on the existing and proposed land uses.
The applicant states that the proposed 100 ft. monopole
tower will not have an adverse effect on the exising
and proposed land uses. The facility will be within the
Boynton Commerce Center PID and will be compatible with
that area.
Standard b. Whether the height exception is necessary.
The applicant states that in order to better serve this
geographical area, the location and height of the tower
is required. The use of cellular telephones by both the
general publis and government agencies is growing
rapidly. Used for emergency, business and personal
calls, this service is a vital link in the
communications network.
Standard c. Whether the height exception will severely reduce
light and air in adjacent areas.
With a monopole structure there will be no affect on
light or air in the area.
Standard d. Whether the exception will be a deterrent to the
improvement or development of adjacent property in accordance
with existing regulations.
The applicant states that this approval will not impact
the ability to develop the adjacent properties. The
undeveloped parcel to the east of the abutting railroal
track ia a park site; south is the Golf Road overpass
which is elevated significantly above the subject site;
north is the existing Commerce Center and west will be
future Commerce Center construction.
Standard e. Whether the height exception will adversely affect
property values in adjacent areas.
The applicant states that because of the distance to
surrounding developed areas and the buffering that
exists between them and this facility, it is unlikely
that this use will have any impact on those property
values. The applicant also feels the value of the
undeveloped park to the east will not be impacted by
this use.
Standard f. Whether the height exemption will adversely
influence living conditions in the neighborhood.
Same response is provided to Standard d above.
Standard g. Whether the height exception will constitute a grant
of a special privilege to an individual owner as contrasted with
the public welfare.
The height exceptions that have been granted (the
city's 300 foot tower along I-95 and a 100 foot antenna
Page 2
Boynton Commerce Center PID
Memorandum No. 96-051
Exhibit "B" for a map of the proposed location of the monopole
and the elevation of this structure) .
The height exception standards are listed below, including the
applicant's response (Exhibit "C" - applicant's submitted
response) :
Standard a.
Whether the height exception will have an adverse
effect on the existing and proposed land uses.
The applicant states that the proposed 100 foot
monopole tower will not have an adverse effect on
the existing and proposed land uses. The tower
will located within the Boynton Commerce Center
PID and is compatible with the existing uses
within this planned industrial park and any future
uses that typically locate within an industrial
park.
Standard b.
Whether the height exception is necessary.
The applicant states that in order to better serve
this geographical area, the location and height of
the tower is required. The use of cellular
telephones by both the general public and
government agencies is growing rapidly. Used for
emergency, business and personal calls, this
service is a vital link in the communications
network.
Standard c.
Whether the height exception will severely reduce
light and air in adjacent areas.
Due to the design of a monopole structure there
will be no effect on light or air in the area.
Standard d.
Whether the exception will be a deterrent to the
improvement or development of adjacent property in
accordance with existing regulations.
Standard e.
The applicant states that this approval will not
impact the ability to develop the adjacent
properties. The undeveloped parcel to the east of
the abutting railroad track is zoned REC and is
noted in the comprehensive plan as having
environmentally sensitive lands on it. South of
the tower is the Golf Road overpass which is
elevated approximately 40 feet above the Boynton
Commerce Center site. Three buildings exist north
of the tower location. West of the tower is an
undeveloped phase of the Boynton Commerce Center.
All undeveloped phases of the Boynton .Commerce
Center will be developed for light industrial type
uses, unless otherwise approved by the Commission
through a future master plan modification or use
approval.
Whether the height exception will adversely affect
property values in adjacent areas.
The applicant states that because of the distance
to surrounding developed areas (approximately 725
feet to Leisureville (the residential subdivision
to the west) and the peripheral greenbelt that
exists between the PID and this residential
development, it is unlikely that this use will