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
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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
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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)
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NOTICE OF PUBLIC HEARING
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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
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Ci ty Kgr, City Attny, City Cormnission, Planning, Files
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 96-002
FROM:
Sue Kruse
City Clerk /J.?'
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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
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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
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CITY ~ffiNAGER, CITY ATTORENY, CITY COMMISSION, PLANNING, FILES
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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