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LEGAL APPROVAL ~ cl rr1ie City of r.Boynton r.Beacli 100 'E. 'Boynton 'Buzdi. 'Boukvartf P.O. 'BOit310 'Boynton 'Btadi,1fQritla 33425-0310 City 1fo1l: (4fJ7) 375-6000 :JJlX: (4fJ7) 375-6090 January 26, 1996 Mr. Joe Handley Craven Thompson & Associates, Inc. 3563 NW 53 Street Ft. Lauderdale, Florida 33309 Re: Waste Management of Palm Beach County - South (Condor Investments of Palm Beach County) Board of Zoning Appeals Case No. 221 Property location: 270.28 feet east of the intersection of High Ridge Road and Miner Road (extended) Dear Mr. Handley: Please be advised that your 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) was approved by the Board of Zoning Appeals at their January 17, 1996 meeting. If I can be of further assistance, please contact me. SincerelY'J ~~ Tamhri J. Heyden Planning and Zoning Director TJH:dim a:aprvLtr.Waste/BZVA .9I.merica 5 (jateway to tlU (julfstream l' .., ;- '!' ~. ,f, :, /, r"" .~ . " .. ". .- .... . 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 BUSINESS None 7. NEW BUSINESS PUBLIC HEARING A. Case No. 2 12 Location: 270.28 feet east of the intersection of High Ridge Road and Miner Road (extended) Condor Investment of Palm Beach County, Inc. Property Owner: 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 John, of Craven-Thompson and Associates, represented Condor Invesanents 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 and 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- J 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. Floyd Cherry, General Manager and President of Waste Management of Palm Beach, 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. Olerry 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 Cit}' has received in this PID since it was platted. Waste Management currently has a facility on the property which is zoned M-l. The applicant willl10t be rezoning the four parcels in question to unify 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 couJd 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 the incompatibility between the PID and M- t zones. Ms. Heyden advised that the M-] zoning district is a light industrial district which allows a large cross-section of industrial uses. Each PIO is reviewed individually. When a PID is established, a fixed set of uses must be approved for that PIO. 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: ] . This use can only be located on these lots; and 4 ... ' ..~~ .,~ ..~ ."",,~,. , __'R~___."'~._' .",,". .--.'-'.'-- -.- . 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. Motion Mr. Rappoport moved to approve the request for relief from Section 7.H.) 7 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). Mr. Taylor seconded the motion. The Recording Secretary polled the vote as follows: Chairman Miriana Mr. Rappoport Mr. Taylor Mr. Uleck Ms~ Hollingshead Aye Aye Aye Aye Aye The vote was unanimous to GRANT the variance. 8. OTHER BUSINESS Schedule of Meetings for 1996 The next meeting of the Board of Zoning Appeals will be held on Monday, February 12, 1996, at 7:00 p.m. 9. COMMENTS BY MEMBERS None. 10. ADJOURNMENT There being no further business to come before the board, the meeting properly adjourned at 7:35 p.m. . Yn.~ ~. Prainito Recording Secretary (One Tape) 5 -hk.- r=' /: I'~' ~ @ ~ ~ W I~ .r~..., . I r--""--~' ~'-"'-i 1.1.' I ! ," , I ~L11 JAN - 5 : :: , . i , j,.-,....--,,_.,-"'."""'~-^... '~.~. .~. - NOTICE OF PUBLIC HEARING :.<,. i NOTICE IS HEREBY GIVEN that the following application has been made to the BOARD OF ZONING APPEALS of the CITY OF BOYNTON BEACH, FLORIDA, for a hearing as indicated, under and pursuant to the provisions of the zoning code of said City: Case # 212 Owner: Condor Investme~t of Palm Beach County, Inc. Requested Variance: Request relief from Section 7.H.17. of Chapter 2 of the City's Land Development Regulations to eliminate the requirement for a 25 foot wide peripheral landscape buffer along 540.56 feet of the south boundary of High Ridge Commerce Park PID (Planned Industrial Development) . Location: 270.28 feet east of the intersection of High Ridge Road and Miner Road (extended). Legal Description: Lots 15, 16, 17 and 18, Block 2, Cedar Ridge, a P.U.D. and High Ridge Commerce Park, a P. I . D., according to the plat thereof, as recorded in plat book 46, pages 58 through 61, inclusive of the Public Records of Palm Beach County, Florida. Said lands situate in Palm Beach County, Florida containing 191,490 square feet, or 4.396 acres, more or less. Use: Northerly expansion of parking for Waste Management of Palm Beach South, located immediately to the south. A PUBLIC HEARING before the Board of Zoning Appeals will be held relative to the above postponed application at Mangrove Park School, Conference Room 201, 2nd Floor, 129 E. Ocean Avenue, Boynton Beach, Florida on Wednesday, January 17, 1996 at 7:00 P.M. All interested parties are notified to appear at said hearing in person or by attorney and be heard or file any written comments prior to the hearing date. Any person who decides to appeal any decision of the Board of Zoning Appeals with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF BOYNTON BEACH SUZANNE M. KRUSE, CMC/AAE CITY CLERIt (407) 375-6062 PUBLISH: THE POST 1/6/96 & 1/11/96 .:W.stemgl.lgl/boza c: Ci ty Kgr, City Attny, City Cormnission, Planning, Files PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 96-002 FROM: Sue Kruse City Clerk /J.?' ;Jllt ~../ Tambri J. Heyden Planning and Zoning Director TO: DATE: January 3, 1996 SUBJECT: Board of Zoning Appeals Case No. 212 Waste Management of Palm Beach County - South File No. BOAV 95-013 The application and supporting documentation for the above- referenced case have been previously forwarded to you for advertisement which was postponed at the December 18, 1995 Board of Adjustment. This is a readvertisement for a special Board of Zoning Appeals meeting. The legal advertisement for this request will be forwarded to your office after review by the City Attorney and City Manager. The requested variance is scheduled for the January 17, 1996 Board of Zoning Appeals meeting. TJH:dim Attachments a: Wastemgl. 19l NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the following application has been made to the BOARD OF ZONING APPEALS of the CITY OF BOYNTON BEACH, FLORIDA, for a hearing as indicated, under and pursuant to the provisions of the zoning code of said City: Case # 212 Owner: Condor Investment of Palm Beach County, Inc. Requested Variance: Request relief from Section 7.H.17. of Chapter 2 of the City's Land Development Regulations to eliminate the requirement for a 25 foot wide peripheral landscape buffer along 540.56 feet of the south boundary of High Ridge Commerce Park PID (Planned Industrial Development) Location: 270.28 feet east of the intersection of High Ridge Road and Miner Road (extended). Legal Description: Lots 15, 16, 17 and 18, Block 2, Cedar Ridge, a P.U.D. and High Ridge Commerce Park, a P. I . D., according to the plat thereof, as recorded in plat book 46, pages 58 through 61, inclusive of the Public Records of Palm Beach County, Florida. Said lands situate in Palm Beach County, Florida containing 191,490 square feet, or 4.396 acres, more or less. Use: Northerly expansion of Management of Palm Beach immediately to the south. parking for South, Waste located A PUBLIC HEARING before the Board of Zoning Appeals will be held relative to the above postponed application at Mangrove Park School, Conference Room 201, 2nd Floor, 129 E. Ocean Avenue, Boynton Beach, Florida on Wednesday, January 17, 1996 at 7:00 P.M. All interested parties are notified to appear at said hearing in person or by attorney and be heard or file any written comments prior to the hearing date. Any person who decides to appeal any decision of the Board of Zoning Appeals with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OP BOYNTON BEACH SUZANNE M. KRUSE CITY CLERK (407) 375-6062 PUBLISH: a:wastemgl.lgl/boza REQUEST FOR PUBLISHING LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS A completed copy of this routing slip must accompany any request to have a Legal Notice or Legal Advertisement published and must be submitted to the Office of the City Attorney eight (8) working days prior to the first publishing date requested below. ORIGINATING DEPARTMENT: Planninq and Zoninq Department PREPARED BY: Michael E. Haaq DATE PREPARED: January 3, 1996 BRIEF DESCRIPTION OF NOTICE OR AD: Board of Zoninq Appeals Public Hearinq Notice for Case #212 (meetinq Januarv 17, 1996) SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Boarder, etc.) STANDARD LEGAL AD SEND COPIES OF AD TO: Applicant and Director of Planninq and Zoninq. NEWSPAPER{S) TO PUBLISH: To be determined by City Clerk DATE(S) TO BE PUBLISHED: To be determined by City Clerk APPROVED BY: (1 ) rL 6. ' 71- - -. #~ ;~7 ~/ (Department Head) 11/ /;0 I (Date) (2 ) (City Attorney) (Da t e ) (3) (City Manager) (Date) RECEIVED BY CITY CLERK: COMPLETED: A:Wastemgl.Lgl/Boza -- ,~ '~:, ffl (j1) I-',? i,'i \in ,:,,' i ~ J~L'l..J~_~'Lo:!_.U ;uJ NOV 3 01995 , , . ..._,.,."""'...... "_! PLM,:~m!G P,\f.j Ii ' ZOlliJ'JG DEPT..&:0:~,:(.~ NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the following application has been made to the BOARD OF ADJUSTMENT ot the CITY OF BOYNTON BEACH, FLORIDA, for a hearing as indicated, under and pursuant to the provisions of the zoning code of said City: ~/ Case # 212 Owner: Condor Investment of Palm Beach County, Inc. Requested Variance: Request relief from Section 7.H.17. of Chapter 2 of the City's Land Development Regulations to eliminate the requirement for a 25 foot wide peripheral landscape buffer along 540.56 feet of the south boundary of H:i:gh Ridge Commerce Park PID (Planned Industrial Development). Location: 270.28 feet east of the intersection of High Ridge Road and Miner Road (extended). Legal Description: Lots 15, 16, 17 and 18, Block 2, Cedar Ridge, a P.U.D. and High Ridge Commerce Park, a P. I. D., according to the plat thereof, as recorded in plat book 46, pages 58 through 61, inclusive of the Public Records of Palm Beach County, Florida. Said lands situate in Palm Beach County, Florida containing 191,490 square feet, or 4.396 acresi more or less. Use: Northerly expansion of Management of Palm Beach immediately to the south. parking for South, Waste located A PUBLIC HEARING before the Board of Adjustment will be held relat~ve to the above application at City Hall, Commission Chambers, 100 E. boynton Beach Boulevard, Boynton Beach, Florida, on Monday, December 18, 1995 at 7:00 P.M. . All interested parties are notified to appear at said hearing in person or by attorney and be heard or file any written comments prior to the hearing date. Any person who decides to appeal any decision of the Board of Adjustment wi th respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF BOYNTON BBACH SUZANNE H. KRUSE, CMC/ AAE CITY CLERK (407) 375-6060 PUBLISH: BOYNTON BEACH NEWS 11/30/95 & 12/7/95 a,Naata.gl.lgl/boa c: CITY ~ffiNAGER, CITY ATTORENY, CITY COMMISSION, PLANNING, FILES '-",,;,1.1'" -' PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 95-663 FROM: Sue Kruse City Clerk Tambri J. HeYden!9;J Planning and Zoning Director TO: DATE: November 16, 1995 SUBJECT: Board of Adjustment Case No. 212 Waste Management of Palm Beach County - South File No. BOAV 95-013 Accompanying this memorandum you will find an application and supporting documentation for the above-referenced case. A check in the amount of $400.00 to cover the review and processing of this application has been forwarded to the Finance Department. The legal advertisement for this request will be forwarded to your office after review by the City Attorney and City Manager. The requested variance is scheduled for the December 18, 1995 meeting. TJH:bme Attachments II :Wastemgt .1ql REQUEST FOR PUBLISHING LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS A completed copy of this routing slip must accompany any request to have a Legal Notice or Legal Advertisement publlshed and must be submitted to the office of the City Attorney eight (8) working days prlor to the first publishing date requested below. ORIGINATING DEPARTMENT: Planninq and Zoninq Department PREPARED BY: Michael E. Haaq DATE PREPARED: November 16, 1995 BRIEF DESCRIPTION OF NOTICE OR AD: Board of Adiustment Public Hearinq Notice for Case #212 (meetinq December 18, 1995) SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Boarder, etc.) STANDARD LEGAL AD SEND COPIES OF AD TO: All property Owners within 400 feet of property. applicant and Director of Planninq and Zoninq. NEWSPAPER(S) TO PUBLISH: To be determined bv City Clerk DATE(S) TO BE PUBLISHED: To be determined bY City Clerk APPROVED BY: ~ J~ 'J1i4/e- (Department Head) ( 1 ) ~/?~- ( te) I { ( 2 ) (City Attorney) (Date) ( 3 ) (City Manager) (Date) RECEIVED BY CITY CLERK: COMPLETED: A:Wastemql.Lql/Boa