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LEGAL APPROVAL c ~> ~.(.JJ~ ., fJ1ie City of 'Boynton 'Beacli 100 'E. 'Boynton. 'Bead,. 'BouUvart{ P,O, 'Bo'(310 'Boynton 'Beadi., 7'foritfa 33425-0310 City 9laU: (407) 375-6()()() 7'JU: (407) 375-6090 February 20, 1996 Richard Ahrens 3750 Investment Lane, Suite 2 West Palm Beach, Florida 33404-1765 Re: The Kilpatrick Company Board of Zoning Appeals Case No. 213 Property Location: Northeast corner of the intersection of High Ridge Road and Commerce Road Dear Mr. Ahrens: Please be advised that at the February 12, 1996 meeting, the Board of Zoning Appeals approved your request for a zoning variance to allow relief from Section 4. L of Chapter 2 of the City's Land Development Regulations to eliminate the requirement for a 6 foot high buffer wall along 439.10 feet of the north boundary of Lots 1, 2 and 3 of the High Ridge Commerce Park PID with the following conditions: 1, The 6 foot high chain link fence should be installed along the entire length of the northern property line (Lots 1, 2 and 3) . 2. The vegetation will be planted as per the landscape plan approved by the City Commission through the site plan approval process for the subject property (File NWSP 95-013) If I can be of further assistance, please contact me. Sincerely, ("." (-; t_ , I / " , ~ .{~', ~ t~ ~ ."-- - -.I Tambri J, Heyden "~" Planning and Zoning Director TJH:bme a;aprvltr.kil/BOA 5tmemas (jateway to tfie (juifstream ... . MEETING MINUTES BOARD OF ZONING APPEALS BOYNTON BEACH, FLORIDA ,.~!!u~t~ll_ F. OLD BUSINESS None CHAIRMAN MIRIANA DECLARED A BRIEF RECESS. THE MEETING RESUMED AT 7: 10 P.M. Chairman Miriana introduced Tambri Heyden, Mike Haag, the members of the board, and the Recording Secretary. Attorney Pawelczyk administered the oath to all who would be testifying during the proceedings. G. NEW PETITIONS PUBLIC HEARING 1. Case No. 2 1 3 Location: Northeast corner of the intersection of High Ridge Road and Commerce Road. The Kilpatrick Company Property Owner: Requested Variance: Request relief from Section 4.L of Chapter 2 of the City's Land Development Regulations to eliminate the requirement for a 6 foot high buffer wall along 439.10 feet of the north boundary of Lots I, 2, and 3 of the High Ridge Commerce Park. PIC (Planned Industrial Development) . Chairman Miriana announced the case. Richard Ahrens, 3750 Invesnnent Lane #2, West Palm Beach, is the agent for The Kilpatrick Company. The Kilpaaick Company is planning to build a new office, warehouse, assembly center on High Ridge Road one mile north of Gateway Boulevard. Immediately to the north is Cedar Ridge Estates. There is a 40' buffer along the north property line. The landscape buffer will be maintained. At present, there is native shrub existing and a 10' utility easement. The applicant is requesting that in lieu of destroying the pine hammock, they be relieved of the requirement to install a 6' high masonry wall. The applicant plans to clear the area of shrubs that are not acceptable to the City. He will then construct a 2 'h' high berm with a 4 5 MEETING MINUTES BOARD OF ZONING APPEALS BOYNTON BEACH, FLORIDA JANUARY 17, 1996 to 1 slope. There will be a 2' flat area on top of that, 3' high landscape material, and trees. The Kilpatrick Company is a distributor of turf equipment for golf courses. If the wall is installed 2' inside the 10' easement, it would end up in the middle of the pine preserve, which would be destroyed by the footings for the wall. The applicant feels his plan is environmentally better for the neighbors. The neighbors are Cedar Ridge Estates. There will be The Kilpatrick Company buffering and the Cedar Ridge Estates' trees placed 25' on center. The proposed landscaping and berm will visually obscure the building and absorb sound better than a 6' masonry wall. Dan Carter, P. O. Box) 3) 5, Delray Beach, is the Landscape Architect for the project. He advised that the native scrub, which runs 250', is a very dense scrub hammock with a sensitive ecosystem. The pine is sensitive to the root zones. If they are disturbed, they will die. At present, it is very difficult to see through the scrub. The hand clearing which is planned will be minimal. Exotics such as Florida Holly will be moved. If there are any Australian Pines, they will be removed. In the eastern location, there will be a system of Fakahatchee Grass with Firebush. This grass grows to 5' tall and the Firebush grows to 6' to 8' in height. Wax Myrtles and Live Oak will also be included. The landscape buffer will do a better job than a 6' masonry wall. In addition, it meets the intent of the Code. In response to Mr. Rappoport's question, Mr. Ahrens advised that on the other side of the buffer, there is a residential project known as Cedar Ridge Estates which is under construction. When Cedar Ridge Estates came in for a revision to the site plan, the units were turned around and moved further to the north. The developer of Cedar Ridge Estates has no problem with this variance request, and felt It would be a better situation than a block wall. The Recording Secretary read a letter submitted by Joe Basile, developer of Cedar Ridge Estates, in support of the variance request. Mr. Basile feels a 6' high chain link fence with dense landscaping would be a sufficient barrier and more aesthetic than a CBS wall., (A copy of the letter is attached to the original copy of these minutes on file in the City Clerk's Office.) A chain link fence will be installed on the inside and not visible to the residents to the north. Ms. Hollingshead requested information regarding the amount of clearing required and the depth to which the supports must be sunk for construction of the chain link fence. Mr. Ahrens advised that the chain link fence will be inside the paved area so that it will not infringe on the existing habitat. The bases on the posts are 6 n to 8 n in diameter and are sunk t 2" to t 8" inches in the ground. Ms. Heyden advised that the chain link fence is not aiong the entire north property boundary. According to Mr. Basile's remarks, he would rather have a chain link fence with dense landscaping than a block wall. CHAiRMAN MIRIANA ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE 6 MEETING MINUTES BOARD OF ZONING APPEALS BOYNTON BEACH, FLORIDA JANUARY 17, 1996 PRESENT WHO WISHED TO SPEAK ON THIS APPLlCA TlON. Attorney Pawelczyk asked Ms. Heyden whether or not it was necessary for the board to state its conditions in the motion relative to The Kilpatrick Company providing the construction of the 6' high chain link fence at the location stated. Ms. Heyden feels it would be a good idea to state in the motion that this is one of the conditions. Mr. Haag pointed out a discrepancy in the location of the fence as depicted on the map displayed on the overhead projection as compared to the site plan. On the site plan, the fence goes from the parking terminal island straight across to the north property line. Ms. Heyden explained that this is an issue because Mr. Basile would like the chain link fence along the entire north property line. Mr. Ahrens agreed with Mr. Haag's description of the location of the fence. Ms. Hollingshead noted that the fence crosses the hammock. She questioned the variety of clearing for the chain link fence through the hammock. Mr. Ahrens advised that it will be hand clearing. Chairman Miriana stated that the PUD property to the north is in the early stages of development. He feels the development of that property could have a great effect on this variance. He assumes there will be residences built south of the road. The backs of those homes would face the south toward the PID. The Code states that a masonry wall may be replaced with a dense vegetative buffer of 2' in height at planting, but no exception is allowed in an industrial district. In Chairman Miriana's opinion, no exception is allowed in this case because it involves residential and industrial. Attorney Pawelczyk explained that what Mr. Miriana was reading from was a staff notation. . That language did not come from the Land Development Regulations. This staff notation points out that they could not find an exception. Ms. Hollingshead agreed that this was a staff notation because it did not appear in quotation marks. Chairman Mlriana questioned whether or not this remark was a Planning Department interpretation or a section of the Code. Attorney PaweJczyk was in possession of Standard 2, Section 4.L. He explained that no where does it say such an exception is not allowed in the Industrial Zoning District. This was a notation made by a staff member who investigated to determine whether or not there were any exceptions. That person found no exceptions, and noted it. Ms. Heyden reiterated that the attorney was correct in his expianation. This notation is not in quotation marks because It is staffs interpretation. It is not the wording from the Code book. It was noted because substituting a hedge for a wall is permitted; however, in that exception, Industrial is not mentioned. 7 MEETING MINUTES BOARD OF ZONING APPEALS BOYNTON BEACH, FLORIDA JANUARY 17, 1996 Mr. Ahrens further explained that the Code does not say no exceptions are permitted. There is no alternative stated in the Code as there is for Commercial. The applicant is requesting the variance because of the unusual circumstances that exist on the site. In Chairman Miriana's opinion, this is a question of how the members of the board would interpret this section on the buffer walls. He feels the intent of the Code is to protect residential property. Ms. Hollingshead pointed out that Mr. Ahrens explained that the use next to this space would be used largely for sod and a golf course hole. On the other side of the wall; there will be approximately 80' before the rear of the town houses. In Ms. Hollingshead's opinion, that is more than an adequate buffer. Chairman Miriana said the variance carries over to the next individual who will use the property. This property in question is zoned Industrial, and can be converted to other uses. Mr. Ahrens advised that if the 6' wall is required, the applicant will remove the hammock which contains 40' and SO' trees. There is a massive amount of trees and natural vegetation in this area which is very dense. This landscaping will absorb sound. The wall will not. In the areas where the pine is not being disturbed, the applicant is adding a 2 V2' high berm with 3' of material which will grow 4' to 7' tall. The end result will be a ) 2' to IS' barrier versus a 6' masonry wall. An unusual circumstance exists in this case. A 40' wide buffer exists and the units to the north are 80' away. Mr. Ahrens does not believe the Code does not allow an exception to the masonry wall. If that was the case, staff would have objected to the applicant's plan. This is an example of the reason variances are available. Variances allow changes that make rational and human sense. (At this point in the meeting, there was inaudible discussion between the Chairman and the Vice Chairman.) Ms. Hollingshead explained to the members that a chain link fence was proposed by the applicant; however, there is a question about the length of the fence. If the board finds the chain link fence acceptable, then the only discussion necessary is the length of the fence. Mr. Ahrens stated that the applicant would like to stop the fence at one point and use a 2' berm with plants. The letter from the developer of Cedar Ridge will support the variance with a chain link fence running the entire length of the property line. Mr. Ahrens clarified that the fence begins and goes north to the north property line, turns and goes east to the east property line, turns again and goes south to the south property line, and turns west to the building. There is only one section without the chain link fence because it was not inside of a compounded area. There are tortoises in the pine preserve and this opening in the fence will allow them to move back and forth. The distance from the edge of 8 MEETING MINUTES BOARD OF ZONING APPEALS BOYNTON BEACH, FLORIDA JANUARY 17, 1996 the road to the point at which the fence would turn is 160'. Mr. Gold asked if the applicant would be willing to extend the fence. Mr. Kilpatrick, who was present in the audience, responded affirmatively. Motion Ms. Hollingshead moved that we allow this variance as stated with the chain link fence running to the appropriate edge of the road to include the landscaping which has been discussed, and the plantings and landscape concerns as a condition. Chairman Miriana clarified that the chain link fence would run from the northeast corner of the property through to the northwest corner of the property which would be High Ridge Road. This will run within the green space as described by Mr. Ahrens. Mr. Ahrens confirmed that the applicant will put a 6' high chain link fence starting at the northwest property corner, extending all the way to the northeast property corner, and do the vegetation as called out on the certified landscape plan which has been submitted to the City. Mr. Ahrens stated that this is 439.14' by measurement and 439.1' per plat. Mr. Gold seconded the motion. The Recording Secretary polled the vote. The vote was 5-0 to GRANT the variance. 2. Case #214 Location: Approximately 800 feet south of the intersection of Congress Avenue and Palmland Road. Summit Associates, Ltd. Owner: Requested Variance: Request relief from Section 4.).2 of Chapter 2 of the Oty's Land Development Regulations to allow construction of a 10 foot high, pre-cast masonry buffer wall for a distance of approximately 230 linear feet along the north property line of the Isles at Hunters Run PUD. Chairman Miriana announced the case. Kieran Kilday, representing the purchaser of the property, advised that this property is located between Hunters Run and Congress Avenue. This property was the subject of litigation between the existing owner and the City. The purchaser entered into a stipulation with the City to amend the lawsuit to allow residential use of the site. 9