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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 p":roi P ." LU~ \l. -n ~ , Ft:t1ll1:l t::: if 1\'. '. . '_",,' .,-,,__ .. ~ 1 . I -1' .-i\ .. _ ."':. .~'.1.~ ,I" - . --- 7-.-'. ~ . \~. ," "^,, ;' ~..~!f' - Ft 1 '1',.1' ,'\ ,',1<"'\ \" ~,-" . 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" I ~-! - j -:, .. ,_ ._ - -C;';';:";;;;;';-- , f .- il Iii ,.. r ~ t t' ". I 11 : Ii o ,. " - ~ ~ ~ c '" ~ z .. ; t hl . .\ i 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