AGENDA DOCUMENTS
C I T Y
o F
BOY N TON
BEACH
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BOARD OF ZONING APPEALS MEETING
AGENDA
DATE:
Monday, February 12, 1996
TIMBs
6:00 P. M.
PLACBs
Boynton Beach City Hall
City Commission Chambers
100 E. Boynton Beach Boulevard
A. Acknowledgement of Members and Visitors
B. Approval of Agenda
C. Approval of Minutes
D. Communications and Announcements
E. One hour orientation presentation by the City Attorney
F. Old Business
NONE
G. New Petitions (Discussion to commence no earlier than 7:00
P.M.): as advertised.
PUBLIC HEARING
Case #213
Location: Northeast corner of the intersection of High Ridge
Road and Commerce Road.
Owner:
The Kilpatrick Company
I._I
I
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 1, 2 and
3 of the High Ridge Commerce Park PID (Planned
Industrial Development) .
Case #214
Location: Approximately 800 feet south of the intersection of
Congress Avenue and palmland Road.
Owner:
Summit Associates, Ltd.
Requested
Variance:
Request relief from Section 4.J.2 of Chapter 2 of
the City's Land Development Regulations to allow
construction of 10 foot high, pre-cast masonry
buffer wall f:;r a distance of approximately 230
linear feet along the north property line of the
Isles at Hunters run PUD.
Page 2
Board of Zoning Appeals
Meeting Agenda
February 12, 1996
Case #215
Location: Northwest corner of Summit Drive and Westlake
Drive.
Owner:
Summit Associates, Ltd.
Requested
Variance:
Request relief from Article III, Section 6.C.5
of Chapter 21 of the City's Land Development
Regulations to allow a size increase of 25%
for a directional sign in The Isles at Hunters
Run PUD from the allowable 16 square feet to
20 square feet.
Case #216
Location: Northwest corner of S.E. 1st Street and S.E.
23rd Avenue (111 S.E. 23rd Avenue) .
Owner:
Robert Simone
Requested
Variance:
Request relief from Section 6.A.3 of Chapter 2
of the City's Land Development Regulations to
reduce the required rear yard setback from 20
feet to 15 feet and to reduce the required
side yard setback from 30 feet to 5 feet.
H. Other Business
I. Comments by Members
J. 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) "1
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
a:AgndBZAV,212
Page 3
Board of Zoning Appeals
Meeting Agenda
February 12, 1996
xc: Members - Board of Zoning Appeals
Honorable Mayor
City Commission
City Manager
City Attorney
Planning and Zoning Director
City Clerk
Building Official
BOZA Representative
Recording Secretary
Applicants
Meeting Room (10)
Bulletin Board (2)
Subject File
BOZA File
Chron File
MEH:arw
a:agndbzav,212
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G.
NEW PETITIONS
CASE # 213
THE KILPATRICK COMPANY
PLANNING AND ZONING DEPARTMENT
MEMORANDUM # 96-056
Staff Report
Board of Zoning Appeals
Meeting: February 12, 1996
Petition: Case No. 213
Location: Lots 1, 2, and 3 in High Ridge Commerce Park PID and
Cedar Ridge PUD, north of Commerce Road and immediately
east of High Ridge Road.
Owner:
The Kilpatrick Company
Agent:
Richard Ahrens
Variance
Request:
The applicant is requesting to delete the requirement
of a six (6) foot high buffer wall to be located within
the side yard (north) of the subject property.
BACKGROUND
The subject property is located at the northwest corner of the
High Ridge Road Commerce Park PID (see Exhibit "A" - Location
Map). The applicant, Richard Ahrens - agent for The Kilpatrick
Company, is requesting a zoning variance in connection with the
site plan approval for a new office and warehouse facility to be
located on the subject property. The site plan approval is
scheduled to be discussed at the February 13, 1996, Planning and
Development Board meeting and to be considered for approval at
the City Commission February 20, 1996, meeting.
The applicant proposes, in lieu of the required buffer wall
(Section 4.L, Chapter 2, of the City's Land Development
Regulations), existing planting material and other man-made
landscape features (see Exhibit B - Proposed Buffer). The
applicant states that the construction of the required wall would
destroy the existing scrub (Pine and Oak) hammock. According to
his letter, an existing 10-foot utility easement located along
the northern boundary of the property line, prevents construction
of this wall two (2) feet from the property line, as required by
the relevant regulations, and would place this new wall in the
middle of the hammock negatively impacting its natural habitat.
The applicant further states that the separation standards
provided by the proposed vegetative buffer will far exceed
similar standards of the required 6 foot high buffer wall.
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
Undeveloped property zoned Planned Unit
Development (PUD).
East
Undeveloped property zoned Planned Industrial
Development (PID).
South
Commerce Road and farther south undeveloped
property zoned Planned Industrial Development
(PID) and proposed parking and storage
facility for Waste Management of West Palm
Beach.
West
Right-of-way of High Ridge Road and farther
west unincorporated Palm Beach County
I
Page 2
Memorandum No. 96-056
The Kilpatrick Company, Case No. 213
Staff Report - Board of Zoning Appeals
ANALYSIS
Chapter 2 - Zoning, Section 4.L - Buffer Walls of the City's Land
Development Regulations, states (in part) :
"For new construction or major modification to existing
developments, where a commercial and/or industrial district abuts
a residential district, a solid, stucco masonry wall painted on
both sides at least six (6) feet in height shall be located
within the required side and/or rear yards except with respect to
corner lots, said buffer walls shall be required only on interior
lot lines. Said buffer walls shall not abridge any easement
rights or be constructed over any existing utilities in any
easement area and shall be setback two (2) feet from adjoining
property lines. "
The applicant is asking for a relief from the requirement to
construct this buffer wall and proposes landscape features in the
buffer area. The existing native scrub (Pine and Oak) hammock
will be cleaned and all exotic/invasive species will be "hand
removed." East of the hammock area an approximately two-foot
high berm will be formed on the top of which additional planting
material will be placed. This new planting material will consist
of bushes of approximately three (3) feet in height at the time
of planting and will be spaced three (3) feet on center. Other
trees will be planted in the northeast corner of the lot, around
the proposed golf hole (a demonstration area for the turf
equipment company). All these features are designed to further
limit the view from the adjacent residential properties to the
subject site. A majority of the property will be fenced in with
a 6 foot high chain link fence.
Find attached, exhibit "C", the applicant's request variance,
exhibit "D", survey and exhibit "E" the applicant's reasons for
requesting the variance. The summary of facts are as follows:
1. The property is within a PID.
2. The Land Development Code requires a 6 foot solid masonry
buffer wall for all new and remodeled industrial facilities
if a zoning district within which these uses is located is
abutting a residential zoning district.
3. There is a 10 foot utility easement along the northern lot
line of the property. The wall would have to be constructed
at least 10 feet from the northern property line.
4. The Kilpatrick Company proposes to replace the 6 foot high,
required solid stucco masonry buffer wall, with the
landscape features, as described above, and believes that
this will far exceed the intent achieved by the masonry
wall. The site plan is scheduled to be heard at the
February 20, 1996, City Commission meeting.
As a point of information, the Land Development Regulations,
(Section 4.L, Chapter 2,) allows for relief from the requirement
to construct the buffer wall in the C-1 (Office and Commercial
Professional) zoning district, stating as follow: "the solid
masonry wall may be replaced with a dense vegetative buffer of at
least two (2) feet in height, at the time of planting. "No
such exception is allowed in an industrial zoning district based
on the greater impacts associated with industrial uses.
JL:dim
xc: Central File
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l ,HE K\LPA-rR\CK COMPANY
BUffER EASEMENT
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O NEW OFFICE oil WAREHOUSE
THE KILPATRICK COMPANY'
BOYNTON BEACH, FlORIDA
b
~ll, . DANIEL H. CARTER
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REQUEST FOR BOARD OF ADJUSTMENT TO MASONRY WAll SECTION 2-9-l
ANSWERS TO ITEM #5 - BOARD OF ADJUSTMENTS APPLICATION
A. The existing site contains a large native and scrub pine/oak hammock which Is not
common to other zoning districts. In addition, The Kilpatrick Company Is Installing
a complete golf hole on the east end of the property which in conjunction with the
proposed landscaping and existing hammock should exceed the intent of the 6' high
masonry wall Installation (See enclosed landscape plan).
Should a wall be required, it would destroy the hammock since it is required to be
two feet inside our easements. There exists a 10' utility easement on the north side
of the property which puts the wall in the middle of the 40' buffer zone.
B. The Kilpatrick Company has not created the existence of the hammock presently on
site and truly wants to maintain this condition between its' facility and the project
located to the north.
C. The granting of this variance request does not offer an applicant any special
privileges since they are trying to maintain existing habitat in conjunction with their
golf hole design.
D. The literal interpretation of the provisions of this chapter deprives the applicant of the
use of a beautiful existing habitat which truly enhances the environment for their
employees, customers and neighbo rs.
E. The variance to remove the masonry wall and replace it with a 6' high black chain
link fence located as per the attached site plan in conjunction with the existing
conseNation of the hammock is minimum in intent. '
F, The omission of the masonry wall but the sUNival of the existing hammock (see
attached photos), new landscaping berm, golf hole and 6' high black chain link fence
provides more of an environmental separation between residential/industrial than that
of the proposed wall. The request actually preserves natural environm ent verses
destroying it for the construction of a mason ry wall.
The Kilpatrick Company, a long time resident of Boynton Beach, feels that granting
the request for omission of the masonry wall and providing that proposed on the site
plan and landscape plan will provide a unique setting not only for the residences
located to the north but for their employees and quests. This will create something
special for this area and may want to be included for the balance of this PID.
13
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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 # 213
Owner:
The Kilpatrick Company
Requested
Variance:
,oj
~ .
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
wall along 439.10 feet of the north boundary
of the Kilpatrick Company property located on
lots 1, 2 and 3 of High Ridge Commerce Park
PID (Planned Industrial Development) ,
Location:
Northeast corner of the intersection of High
Ridge Road and Commerce Road.
Legal
Lots 1, 2 and 3, block 2 of Cedar Ridge, a
P.U.D. and Highridge Commerce Park, a P.I.D"
according to the plat thereof on file in the
office of the Clerk of the Circuit Court in
and for Palm Beach County, Florida, recorded
in plat book 46 at pages 58 through 61.
Containing 3.590 acres, more or less.
Description:
Proposed Kilpatrick Company office/warehouse
distribution facility.
A PUBLIC HEARING before the Board of Zoning Appeals will be held
relative to the above application at City Hall, Commission
Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida,
on Monday, February 12, 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 CLERK
(407) 375-6062
PUBLISH: PALM BEACH POST
JANUARY 29 & FEBRUARY 5, 1996
c: City Manager, City Attorney, City Commission, Planning, Files
~tl(
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 96-026
TO:
Sue Kruse
City Clerk
FROM:
,.--:::: :/
Tambri J. Heyden i (} (1
Planning and Zoning Director
DATE:
January 16, 1996
SUBJECT:
Board of Zoning Appeals
Case No. 213 (The Kilpatrick Company)
File No. BOAV 95-014
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 February 12, 1996 meeting.
TJH:dim
Attachments
a:lglnotic.KIL
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: PlanninG and ZoninG Department
PREPARED BY: Jerzy Lewicki
DATE PREPARED: January 16, 1996
BRIEF DESCRIPTION OF NOTICE OR AD: Board of ZoninG Appeals Public
Hearinq Notice for Case #213
(meetinG Februay 12, 1996)
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 PlanninG 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:
~ - 4
~-&~t- Q ~ lr~lL-<-
(oei>artment Heaa) /
(1 )
I b;L/yt-
~ate)
(2 )
(City Attorney)
(Date)
(3 )
(City Manager)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
A:LegalNotice,Kil
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 # 213
Owner:
The Kilpatrick Company
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
wall along 439.10 feet of the north boundary
of the Kilpatrick Company property located on
lots 1, 2 and 3 of High Ridge Commerce Park
PID (Planned Industrial Development) .
Location:
Northeast corner of the intersection of High
Ridge Road and Commerce Road.
Legal
Lots 1, 2 and 3, block 2 of Cedar Ridge, a
P.D.D. and Highridge Commerce Park, a P.I.D.,
according to the plat thereof on file in the
office of the Clerk of the Circuit Court in
and for Palm Beach County, Florida, recorded
in plat book 46 at pages 58 through 61.
Containing 3.590 acres, more or less.
Description:
Proposed Kilpatrick Company office/warehouse
distribution facility.
A PUBLIC HEARING before the Board of Zoning Appeals will be held
relative to the above application at City Hall, Commission
Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida,
on Monday, February 12, 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
OITY O~lIaK
(407) 375-6062
PUBLISH:
a:Legalnotice.Kil/bzav