AGENDA DOCUMENTS
C I T Y
o F
BOY N TON
.0 E A C H
BOARD OF ADJUSTMENT MEETING
AGENDA
DATE:
Monday, December 18, 1995
TIME:
7:00 P.M.
PLACE:
Boynton Beach City Hall
City Chambers
100 E. Boynton Beach Blvd
1. Acknowledgement of Members and Visitors
2. Approval of Agenda
3. Approval of Minutes
4. Communications and Announcements
5. Old Business
NONE
6. New Business
PUBLIC HEARING
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)
7. Other Business
NONE
8. Comments by Members
9. Adjournment
NOTICE: Any person who decides to appeal any decision of the Board
of Adjustment 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. (F.S. 286.0105)
The City shall furnish appropriate auxiliary aids and services
where necessary to afford an individual with a disability an equal
opportunity to participate in and enjoy the benefits of a service,
program, or activity conducted by the City. Please contact Joyce
Costello, (407) 375-6013 at least twenty-four (24) hours prior to
the program or activity in order for the City to reasonably
accommodate your request.
MEH:dim
xc: Central File
a:agndboa.Dec
CASE 212
WASTE MANAGEMENT OF PALM BEACH - SOUTH
PLANNING AND ZONING DEPARTMENT
MEMORANDUM # 95-705
Staff Report
Board of Adjustment
Meeting: December 18,1995
Petition: Case No. 212
Location: Cedar Ridge PUD and High Ridge Commerce Park PID, north
side the undeveloped Miner Road right-of-way, east of
High Ridge Road.
Owner:
Condor Investme~ts of Palm Beach County, Inc.
Agent:
Craven-Thompson and Associates
Variance
Request:
The applicant is requesting relief from Section 7.H.17
of Chapter 2 - Zoning of the City's Land Development
Regulations. The request is to delete a twenty-five
(25) foot wide peripheral greenbelt that is required
along the south perimeter of lots 15, 16, 17 and 18 of
the High Ridge Commerce Park PID.
BACKGROUND
The subject lots are located in High Ridge Commerce Park PID
approximately 360 feet east of High Ridge Road and abut the north
right-of-way line of the undeveloped Miner Road (see Exhibit "A"
- location map). This variance is being requested in connection
with the proposed expansion of the existing Waste Management
facility. The Waste Management facility is located on lots 18
and 19 of the Boynton Beach Distribution Center. The site is
south of the lots that are part of this variance request and
across the 108 foot wide undeveloped Miner Road right-of-way.
The expansion of the Waste Management facility will include the
existing site the abandoned Miner Road right-of-way located
directly north of the existing facility and lots 15, 16, 17 and
18 of the High Ridge Commerce Park PID. The request for site
plan approval for the expansion is scheduled to be considered by
the City Commission at the December 19, 1995 City Commission
meeting. Find attached Exhibit "B" - survey of lots 15, 16, 17
and 18 that delineates the location of the required twenty-five
(25) foot wide peripheral greenbelt. It should be noted that the
greenbelt area was preserved by a dedication of a 25 foot wide
buffer easement when the plat for Cedar Ridge PUD and High Ridge
Commerce Park PID was signed in 1983. The applicant is in the
process of abandoning Miner Road and the 25 foot buffer easement
in connection with the request for site plan approval. The
abandonment requests are scheduled as Public Hearings before the
City Commission at the December 19, 1995 City Commission meeting.
The following is a description of the zoning districts and land
uses of the properties that surround the subject request (see
Exhibit "A" - location map) :
North -
Commerce Road and farther north undeveloped
property zoned Planned Industrial Development
(PID)
East -
Undeveloped property zoned PID
South -
Undeveloped Miner Road and farther south developed
property (Waste Management facility) zoned
Industrial district (M-l)
West -
Undeveloped property zoned PID
Page 2
Memorandum No 95-705
Cedar Ridge PUD and High Ridge PUD
Staff Report - Board of Adjustment
ANALYSIS
The following language from the zoning code pertains to the
applicant's request:
Chapter 2 - Zoning, Section 7.H.17 reads as follows:
"17. Peripheral greenbelt. The project area shall be
enclosed on all sides with the exception of accessways
for traffic and freight by a landscaped area with a
minimum width of twenty-five (25) feet except when such
property abuts a residential district such greenbelt
shall have a minimum width of forty (40) feet."
The subject lots 15, 16, 17 and 18 are vacant lots and as shown
on the survey, they are perimeter lots of the Planned Industrial
Development (PID) zoned property, therefore, the requirement of
the peripheral greenbelt for landscaping. As previously stated
the variance request is in connection with the proposed expansion
of the existing Waste Management facility. Find attached Exhibit
"C" - site plan which depicts the greenbelt in relation to the
proposed expansion of the existing facility.
Find attached, Exhibit "D", the applicant's variance application,
Exhibit "E" a statement of special conditions for the variance
requested, as prepared by the applicant. The summary of facts
are as follows:
1. The subject lots are within a Planned Industrial Development
(PID) zoned property.
2. The Land Development Code section referenced-above specifies
the requirement of the peripheral greenbelt around a PID.
3. Waste Management is requesting to expand into the PID with
its request for a major site plan modification scheduled to
be heard at the December 19, 1995 City Commission meeting.
4. The code requires a twenty-five (25) foot wide peripheral
greenbelt for landscaping along the south property line of
the above-referenced lots. The applicant is requesting that
the peripheral greenbelt be omitted to allow expansion of
the existing Waste Management facility into the subject
lots.
GWL:dim
xc: Central File
B0A212.GWL
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I.IJ CASE 212.. ~RIANCE REQUESnNI
l~ubiTO DELETE 25' RIPHERAl GREENBE:
CHAPTER 2 - ZONING SECTION 7.H.'
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Response to Questions A through F
on
Board of Adjustment Application
A. The request is an exception or variance from the twenty-five foot (25') peripheral
greenbelt requirement only along the four lote (lots 15, 10, 17 & 18) of the High
Ridge Commerce Park, A P.I.D. The applicant Is requesting a variance to
eliminate the 25' greenbelt on these lots due to the special condition of the W.etet
Management facility desiring to purchase these lots and expand their facility over
the vacated Miner Road and onto these lots. Providing a 25 foot greenbelt
between the existing facility and the proposed expansion would strictly limit the
functionality of these sites. This is a situation peculiar to these two properties.
The peripheral greenbelt will remain for the remainder of the PID.
B. The circumstances do not result from the actions of the applicant. The
configuration of the property for both the existing and proposed facility was
determined at time of platting of both industrial parks when the uses were
unknown.
C. The granting of this variance would not confer on the applicant any special
privilege that is denied by this ordinance to other lands, building or structures in
the same zoning district. We are not aware of any other properties within this
zoning district which would require this variance for the purposes stated herein.
D. If literal interpretation of the provisions of greenbelt requirement is applied, undue
hardship would exist on this applicant as they could not develop this property to
function in conjunction with the existing Waste Management facility to the south.
E. The variance requested is the minimum variance needed to provide the vehicular
circulation which is required for this facility. The peripheral greenbelt will remain
on the remainder of the PIO.
F. The intent of the greenbelt requirements is to buffer the developments within the
High Ridge Commerce Park P.I.D. from the adjacent uses. The adjacent use of
this site is the existing Waste Management facility. The expansion of this facility
into the High Ridge Commerce Park PIO provides the most harmonious use
possible. The granting of the variance would not be injurious to the area involved
or otherwise detrimental to the public welfare.
95-0075/misc
11/8/95
PLANNING AND ZONING DEPARTMENT
MEMORANDUH NO. 95-663
FROM:
Sue Kruse
City Clerk
Tambri J. Heyden -!9lj
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
.: W.stSIIQI;. .1~1
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: Plannina and Zonina Department
PREPARED BY: Michael E. Haaa
DATE PREPARED: November 16. 1995
BRIEF DESCRIPTION OF NOTICE OR AD: Board of Ad;ustment Public
Hearina Notice for Case #212 {meetina 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 propertv Owners wi thin 400 feet of
property, applicant and Director of Plannina and Zonina.
NEWSPAPER(S) TO PUBLISH: To be determined by City Clerk
DATE(S) TO BE PUBLISHED: To be determined bv City Clerk
APPROVED BY: ~
d~ -Jli4/~
(Department Head)
( 1)
~/t:5-
( te) f
{
( 2 )
(City Attorney)
(Date)
( 3 )
(City Manager)
RECEIVED BY CITY CLERK:
(Date)
COMPLETED:
A:Wa.tB.gl.Lgl/Boa
00
~ @ ~J._
NOV ~ 9 JOOS
;:;,' :
I .
'U
NOTICE OF PUBLIC HEARING
NOTICE IS HBREBY GIVBN that the following application has been made
to the BOARD OF ADJUSTMENT 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 a10n9 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 Adjustment will be held
relat1ve 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 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, CHe/ AAE
CITY CLERK
(401) 315-6060
PUBLISH: BOYNTON BEACH NEWS
11/30/95 & 12/7/95
.:W..~..Vl.1Vl/bo.
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the following application has been made
to the BOARD OF ADJUSTMENT 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 2S 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 Adjustment will be held
relative 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 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
CITY CLERK
(401) 315-6062
PUBLISH:
a:waaee.Ql.1Ql/boa