LEGAL APPROVAL
%e City of
13oynton 13eac/i
November 19, 1996
Marc Fender
Applied Polymer Systems
2900 High Ridge Road
Boynton Beach, Florida 33426
Re: Applied Polymer
Board of Zoning Appeals Case #225 - reduce required number of parking spaces
Dear Marc Fender:
Your request for a variance regarding the above referenced case was approved by the Board
of Zoning Appeals at its November 18, 1996 meeting subject to conditions in attached
Development Order.
If I can be of further assistance, please contact me.
Sincerely,
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Tambri J. Heyden, AIC?
Planning and Zoning Director
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Attachment
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Case File
Central File
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Prepared by: Michael J. Pawelczyk, Esq.
Assistant City Attorney, City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425
CITY OF BOYNTON BEACH
BOARD OF ZONING APPEALS
ORDER GRANTING RELIEF
IN RE:
APPLIED POLYMER
2900 High Ridge Road
Boynton Beach, FL
The Appellant, Applied Polymer, through its agent Gordon Mock, appeared before
the Board of Zoning Appeals on November 18, 1996 and requested Relief from the City
of Boynton Beach Land Development Regulations, Chapter 2, Section 11.H.16.f(1) to
reduce the number of required parking spaces from 72 to 57 ( a reduction of 15 spaces).
Based on the testimony of Gordon Mock, and the evidence presented, the Board
finds that a basis for relief has been established. Accordingly,
IT IS ORDERED THAT:
The request for Relief from the City of Boynton Beach Land Development
Regulations, Chapter 2, Section 11.H.16.f(1) to reduce the number of required parking
spaces from 72 to 57 ( a reduction of 15 spaces) is hereby granted, subject to the following
conditions:
1. That the building does not exceed the housing of 40 employees; and
2. That in the event the building is sold, the business is sold, or there is a
change in the proposed use, the variance would not be applicable.
DATED: 11/;J./9.t
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James Miriana, Chairman
ATTEST:
Bd.ZoningAppeal.
Applied Polymer,11121196
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MEETING MINUTES
BOARD OF ZONING APPEALS
BOYNTON BEACH, FLORIDA
NOVEMBER 18, 19.96
4. COMMUNICATIONS AND ANNOUNCEMENTS
None.
5. OLD BUSINESS
None.
6. NEW BUSINESS
Public Hearing
Case No. 225
Project:
Location:
Owner:
Requested Variance:
Applied Polymer
2900 High Ridge Road
Applied Polymer Systems
Relief from the City of Boynton Beach Land Development
Regulations, Chapter 2, Section 11.H.16.f(1) to reduce
the number of required parking spaces from 72 to 57 (a
reduction of 15 spaces).
Architect Gordon Mock represented Applied Polymer Systems. Applied Polymer Systems
owns the building that they intend to occupy, and has owned it for several years. They
have been bringing in some new equipment to upgrade the business. The building has
been previously occupied by two other companies over the last 10 to 15 years. However,
it sat empty for more than six months. Therefore, the grandfathering in of the size of the
parking that they had expected to have ran out. Now they are being asked to add 15
additional parking spaces to meet the requirements of the current code. They currently
have 57 parking spaces, and the size of the building and the new code require 72 parking
spaces.
Mr. Mock displayed a site plan and advised that if 15 parking spaces are added, 9,000
square feet of greenery would be replaced with asphalt. He advised that this business
requires no more than 10 employees. Over the next 10 years, they do not anticipate that
their business will grow to more than 15 employee. Mr. Mock could not imagine this
building ever requiring more than 25 or so employees. He pointed out that the two
previous tenants in the building used the building to its fullest and never required 57
parking spaces.
2
MEETING MINUTES
BOARD OF ZONING APPEALS
BOYNTON BEACH, FLORIDA
NOVEMBER 18, 1996
Ms. Hammer asked Mr. Haag about the Code regulation. Mr. Haag advised that one
parking space is required for every 500 square feet of gross floor area. This regulation is
based on square footage, not on employees. Attorney Pawelczyk pointed out that it is
based on square footage because if the business goes out of business or changes use,
additional employees might be required.
Ms. Hollingshead inquired about the volume of nonemployee traffic in and out of the
building. Mr. Mock explained the nature of Applied Polymer's business. Companies that
want a special polymer applied to the parts they manufacture have the parts delivered to
Applied Polymer. Sometimes the parts are delivered by Fed Ex or UPS. Applied Polymer
coats the parts with polymer and ships them back to the manufacturer: ~:There is no retail.
Applied Polymer is classified by the City's code as a manufacturing operation; therefore.
they need one parking space for every 500 square feet. In this case, it is a stretch of the
imagination that they would ever need 72 parking spaces for any use in that building. The
building is at least 25 or 30 years old and the parking has been adequate for all that entire
period of time. Mr. Mock pointed out that if they had continued to occupy the building for
that six month period, a variance would not be needed.
If approved, Mr. Rappoport asked if the applicant would agree that in the event this
property is sold, it would have to come before this Board or whatever Board is responsible
at that time, for reevaluation of the parking. Mr. Mock agreed to this condition.
No one in the audience wished to address this request.
Ms. Hammer asked how many deliveries would be made to this business on a daily basis.
Mr. Mock advised that there are loading spaces in addition to the 57 parking spaces. The
parking spaces are almost exclusively used by employees.
Ms. Hollingshead suggested that if approved, a condition be placed on the approval which
would limit the business to 40 employees. Mr. Haag asked if that is total employees for the
building or totat employees for the use. He pointed out that Applied Polymer is only
occupying a portion of the building. Mr. Mock's client advised that at the present time,
Applied Polymer is the sole occupant of the building. Mr. Rappoport suggested that
approval be conditioned upon a total of 40 employees for the entire building.
Motion
Mr. Rappoport moved to approve the requested variance for relief of the City of Boynton
Beach Land Development Regulations, Chapter 2, Section 11.H.16.f(1) to reduce the
3
MEETING MINUTES
BOARD OF ZONING APPEALS
BOYNTON BEACH, FLORIDA
NOVEMBER 18,1996
number of required parking spaces from 72 to 57 (a reduction of 15 spaces), subject to the
following conditions:
· That the building does not exceed the housing of 40 employees; and
· That in the event the building is sold, the business is sold, or there is a change in
the proposed use, the variance would not be applicable.
Ms. Hammer seconded the motion. A roll call vote was polled by the Recording Secretary.
The motion carried unanimously.
Attorney Pawelczyk clarified that the number of employees is not to exceed 40, even if a
portion of the building is sublet. Mr. Haag asked for clarification regarding the change of
use. Attorney Pawelczyk said they stated their proposed use in their occupational license.
A question was raised about whether or not the applicant could sublet part of the building
to someone whose use is different from Applied Polymer's but complies with the City's
zoning code, and it was clarified that the use has to comply with the code.
Case No. 226
Project:
Location:
Carmax at Quantum Park
High Ridge Road, Lots 77,78,79 and 80 of Quantum
Park, south of Gateway Boulevard
Quantum Associates
Relief from the City of Boynton Beach Land Development
Regulations, Chapter 2, Zoning, Section 7.H.17 to allow
a width reduction from 40 feet to 25 feet for a peripheral
greenbelt to be provided along the perimeter of the PID
zoned property abutting a residential district.
Owner:
Requested Variance:
Rocky Biby of Kimley-Horn & Associates represented Quantum Associates. Mr. Biby was
sworn in by Attorney Pawelczyk. He advised that this project is located within Quantum
Park. The lots in question are 91,82,81,80,77,76,75, and 74 and are located along the
CSX Railroad and 1-95. There was a condition placed on Quantum Park that they provide
a greenbelt buffer plan for the entire park. Those buffers were to consist of 25 foot wide
buffers where they abutted nonresidential uses and 40 foot wide buffers where they
abutted residential uses. Mr. Biby displayed the greenbelt peripheral plan. The plan
basically provides for 40 foot wide buffers where they abut residential areas and 25 foot
wide buffers where they abut nonresidential uses. Four of the 12 lots along the CSX
Railroad and 1-95 do not require 40 foot wide buffers because they do not abut residential
4
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OCT ~ 9 1996
NOTICE OF PUBLIC HEARING
PLAN.~.I,NG AND
ZONING DEPt
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 variance as
indicated, under and pursuant to the provisions of the zoning code of said City:
Case #225
Owner:
Applied Polymer Systems
Requested
Variance:
Relief from the City of Boynton Beach Land Development
Regulations, Chapter 2, Section 11.H.16.f(1) to reduce the
number of required parking spaces from 72 to 57 (a reduction
of 15 spaces).
Location:
2900 High Ridge Road
Legal
Description:
The West 340 feet of the North One-Half (N 1/2) of the
Northwest One-Quarter (NW 1/4) of the Northwest One-
Quarter (NW 1/4) of Section 16, Township 45 South, Range 43
East,
LESS the following:
Commencing at the Northwest corner of Section 16, Township
45 South, Range 43 East, thence South 87 40' 45" East, along
the North line of said Section 16, a distance of 40.03 feet:
thence South 00 00' 07" West, along a line 40 feet East of and
parallel with the West line of said Section 16, a distance of
601.44 feet to a Point, said Point being the Point of Beginning:
thence with a Curve to the Left having a Radius of 25.00 feet,
a Central Angle of 8742' 28", an Arc Length of 38.27 feet to a
Point: thence South 87 42' 35" East, a distance of 276.21 feet:
thence South 00 00' 07" West, a distance of 30.02 feet; thence
North 87 42' 35" West, a distance of 300.22 feet to a Point on
a line lying 40.00 feet East of and parallel to the West line of
said Section 16: thence along said line, bearing North 00 00'
07" East, a distance of 54.04 feet more or less to the Point of
Beginning, being the real property conveyed to Bostic and
Jeffries, Inc., by instrument recorded March 5, 1981 at Palm
Beach -County Official Record Book 3476, page 400, ~ .
and LESS the following:
The West 40 feet of the North half (N 1/2) of the Northwest
One-quarter (NW 1/4) of the Northwest One-Quarter (NW 1/4)
of Section 16, Township 45 South, Range 43 East, Palm
Beach County, Florida, being the real property conveyed to the
City of Boynton Beach by instrument recorded July 11, 1983
at Palm Beach County Official Record Book 3986, page 741.
Proposed Use:
Manufacturing
Page 2
Applied Polymer
File No. BZAV 96-009
Case No. 225
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, November 18, 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
(561) 375-6062
PUBLISH: PALM BEACH POST
NOVRMBER 7, 1996
C: City Manager, City Attorney, City Commission, Planning, Files
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 96-509
TO:
Sue Kruse
City Clerk
Tambri J. Heyden, AICP ;p4
Planning and Zoning Director
FROM:
DATE:
October 15, 1996
SUBJECT: Applied Polymer Systems
Case No. 225
File No. BZAV 96-009 (reduce required parking)
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 November 18, 1996
meeti ng.
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Attachments
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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: October 15. 1996
BRIEF DESCRIPTION OF NOTICE OR AD: Board of Zoning Appeals Hearing Notice for Case
#225 (meeting November 18. 1996) Applied Polymer Systems - reduce required parking
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 Zoning.
NEWSPAPER(S) TO PUBLISH: To be determined by City Clerk
DATE(S) TO BE PUBLISHED: To be determined by City Clerk
APPROVED BY:
/'
,I .' ~ C) ,7/ .;
(1 ) ~/ h7t/-C1.'2--c. (1,}'.-I<.-(..1 ?-fL ~
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(Department Head)
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(Date)
(2)
(City Attorney)
(Date)
(3)
(City Manager)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
A:lglap225wpd
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 variance as
indicated, under and pursuant to the provisions of the zoning code of said City:
Case #225
Owner:
Applied Polymer Systems
Requested
Variance:
Relief from the City of Boynton Beach Land Development
Regulations, Chapter 2, Section 11.H.16 .f( 1) to reduce the
number of required parking spaces from 72 to 57 (a reduction
of 15 spaces).
Location:
2900 High Ridge Road
Legal
Description:
The West 340 feet of the North One-Half (N 1/2) of the
Northwest One-Quarter (NW 1/4) of the Northwest One-
Quarter (NW 1/4) of Section 16, Township 45 South, Range 43
East,
LESS the following:
Commencing at the Northwest corner of Section 16, Township
45 South, Range 43 East, thence South 87 40' 45" East, along
the North line of said Section 16, a distance of 40.03 feet:
thence South 00 00' 07" West, along a line 40 feet East of and
parallel with the West line of said Section 16, a distance of
601.44 feet to a Point, said Point being the Point of Beginning:
thence with a Curve to the Left having a Radius of 25.00 feet,
a Central Angle of 87 42' 28", an Arc Length of 38.27 feet to a
Point: thence South 87 42' 35" East, a distance of 276.21 feet:
thence South 00 00' 07" West, a distance of 30.02 feet; thence
North 8742' 35" West, a distance of 300.22 feet to a Point on
a line lying 40.00 feet East of and parallel to the West line of
said Section 16: thence along said line, bearing North 00 00'
07" East, a distance of 54.04 feet more or less to the Point of
Beginning, being the real property conveyed to Bostic and
Jeffries, Inc., by instrument recorded March 5, 1981 at Palm
Beach County Official Record Book 3476, page 400,
and LESS the following:
The West 40 feet of the North half (N 1/2) of the Northwest
One-quarter (NW 1/4) of the Northwest One-Quarter (NW 1/4)
of Section 16, Township 45 South, Range 43 East, Palm
Beach County, Florida, being the real property conveyed to the
City of Boynton Beach by instrument recorded July 11, 1983
at Palm Beach County Official Record Book 3986, page 741.
Proposed Use:
Manufacturing
Page 2
Applied Polymer
File No. BZA V 96-009
Case No. 225
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, November 18, 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
(561) 375-6062
PUBLISH:
a:lglap225. wpd