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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, ~;~ . ' .-1 ' t") - -- / I ' ,/ . /,,/) '.\. ('/ r.c<.1{ L.......... -d tJ.-n-uc'-' _-'( //,". /~ . w / /....'/ - ./ Tambri J. Heyden, AIC? Planning and Zoning Director T JH/bme Attachment xc: Development Department Case File Central File d:lagendalbzavlapprpoly. wpd ;;lrrurUa's (jateway to tlU (juifstream 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 I ~ /.r1-11//1 ,. /'/l/lA ;'/-{'''1c:;;~ James Miriana, Chairman ATTEST: Bd.ZoningAppeal. Applied Polymer,11121196 \. ". 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 -ill rn@rnu~rn 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. T JH:bme Attachments a:lglap225.wpd CZd ~~, ,()~ 10-1> /:~ /0); i2;Jfi! /s~.M/ /I /S ~~7 /u)s) (/~'f % d,J,., /012/ IO~/J~ - /8 (J)vt~Y.1 ~~& \ \/ \?, - (!:;ZA V '"D~ tV 01 c.:, CJu ,Ti v SA t.5S>5 - OQd-, 7 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 ~ 1,/ v'" (Department Head) /0/;'/7(, J , (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