LEGAL APPROVAL
tTfte City of
$oynton $eacli
March 4, 1997
100 'E. 'Boynton 'Beadi 'Boufevara
P.O. 'B(1;t310
'Boynton 'Be.adi, ~forufa 33425-0310
City 9lall: (561) 375-6000
~jlX: (561) 375-6090
Alan M. Gainsborg, Project Manager
Colliers Lehrer Abler
4850 W. Prospect Road
Ft. Lauderdale, FL 33309
Re:
File No.:
Location:
Boynton Commerce Center
BZA V 97-002
Case # 230
1900-2118 Corporate Drive
Dear Mr. Gainsborg,
Enclosed is the City of Boynton Beach Development Order regarding Board of Zoning Appeals
approval of your variance request to reduce the required peripheral greenbelt width.
Should you have any questions regarding this matter, please feel free to contact this office at (561)
375-6260.
Sincerely,
~dV1: G-~f~
Tambri 1. Heyden, AIG' ·
Planning and Zoning Director
TJH:dar
Attachment
xc: Central File
D:\SHARE\ WP\PROJECTS\BCOMMCTR\BZA V\DEVELORD. WPD
;I11UrU4s gateway to tfie gulfttrtam
~
Prepared by: James A. Cherof, Esq.
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:
Case No. 230
BOYNTON COMMERCE CENTER
1900-2118 Corporate Drive
Boynton Beach, FL
The Appellant, Menorah Realty, Ltd. c/o Colliers Lehrer Adler, through its agent,
Allen Gainsborg, Director of Construction Management Services for Colliers Lehrer
Adler, appeared before the Board of Zoning Appeals on February 20, 1997, and
requested Relief from the City of Boynton Beach Land Development Regulations,
Chapter 2, Zoning, Section 7.M.17 to reduce the required peripheral greenbelt width
feet from the required 25 feet to 3.5 feet.
Based on the testimony of Allen Gainsborg 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, Zoning, Section 7.M., to reduce lthe required peripheral
greenbelt width feet from the required 2 eo. I is h r by granted.
Q
DATED: ~S/9'?'
ATTEST:
~~Q;;t: ~~L/
Cit Clerk
Bd.Zoninll"Ppnl.
BoyntIlnCommereee.m.r,2I2OI87
:\\\\\ \ \ \ 1111 111/1/111.
~,,,, tOOYN7'o I/~
~ ~ .......... J1f A .,.~
S 0 ......"0.0.:. Q'" ~
~ ..' o~ . "'I);" :ce- ~
II.).. i;P ~.. "J;oiol!
= f- :"" \ 0
=(3= )"z
\ '. 1920 s
~ ............. #
""/// . I.. 0 R\O" .."
"I ,\\'10"
. I! 1111111"\\\\\
MEETING MINUTES
BOARD OF ZONING APPEALS
BOYNTON BEACH, FLORIDA
FEBRUARY 20, 1997
Case No. 230
Project:
Location:
Owner:
Boynton Commerce Center
1900-2118 Corporate Orive
Menorah Realty, Ltd.
c/o Colliers Lehrer Adler, Agent
Requested
Variance:
Relief from Section 7.M.17 of Chapter 2 of the City's Land
Development Regulations to reduce the required peripheral
greenbelt width feet from the required 25 feet to 3.5 feet.
Chairwoman Hammer read the request.
Allen Gainsborg, Director of Construction Management Services for Colliers Lehrer Adler,
explained that in July, 1992, the previous owner of the property was granted a reduction to 15 feet
on the north end of these three parcels and approximately 6 feet on the south end to allow for
additional parking spaces on the east side of the Boynton Commerce Center. When work started
in the field, it was determined that there was not enough width for the parking stalls and the back-
out radius. The applicant requires a further reduction in the greenbelt area of approximately 4 feet
on the north end, and 3 feet on the south end of the project. The applicant does not intend to
change any of the plant materials that will be installed in the area. The trees and plants which were
approved by the City will be installed.
Mary Moriarty, resident ot Leisureville, advised that she lives directly west of this greenbelt.
between Woolbright Road and SW 23rd Avenue, on the west side of the canal.
Ms. Moriarty said that if this area is located where the surveyors' stakes have been placed, there
is nothing there. It appeared to her that something has been removed from the area. She
requested a definition of "greenbelt" because if it means reducing the trees and shrubs, she feels
it is environmentally wrong.
Mr. Lewicki explained that the area involved in this application is on the east side of the PIO
development, not on the west side. There is no housing across the railroad tracks. There is a
recreational area and 1-95.
Attorney Cherot clarified a "greenbelt" as defined in the Code. He pointed out that a "greenbelt"
must be a landscaped area. He further explained that the requirement would be for this applicant
to construct a greenbelt. The applicant is asking for relief of that requirement to minimize the width
of that planting.
Ms. Moriarty feels this request would reduce the greenbelt area too much. She is concerned about
the fumes from 1-95, and the noise from the railroad. Maintaining this greenbelt will help the
residents of Leisureville.
Mr. Rappoport pointed out that a greenbelt on the west side would affect Leisureville. Mr.
~ainsborg said there is a 25 foot wide greenbelt along the west side of their west parking lot which
. abuts the canal. That greenbelt is thick with full vegetation.
4
MEETING MINUTES
BOARD OF ZONING APPEALS
BOYNTON BEACH, FLORIDA
FEBRUARY 20, 1997
Ms. Moriarty said there was a 25 foot greenbelt two months ago. However, equipment was brought
in and chopped away the greenbelt. There are holes through the greenbelt now and she is
concerned about security.
Mr. Gainsborg advised that the applicant was not responsible for that action. Their property line
goes only 3 feet into the greenbelt area. Mr. Gainsborg does not know who owns that property.
The area of his request is on the opposite side of the property.
Mr. Rappoport was of the opinion that if a variance is being requested on the east side, the
applicant should see to it that the people are protected on the west side. Mr. Gainsborg explained
that he has nothing to do with the west side.
Ms. Heyden stated that the applicant is requesting relief on the side of the property that fronts the
railroad tracks. The buffer which was put in place in the 1980s is still in place. Every PID master
plan greenbelt design varies from project to project. The City has become more stringent in its
greenbelt requirements over the past five years. but this master plan greenbelt only called for a row
of trees. Those trees are in place. The greenbelt is put in place to provide landscaping and space.
Ms. Moriarty is located on the opposite side of the canal -- not in the area where the applicant is
requesting relief.
Ms. Moriarty requested that the record reflect her concern about the removal of greenbelts because
of the noise from the railroad tracks and 1-95, and the fumes.
Chairwoman Hammer suggested that Ms. Moriarty discuss her concerns with the City Manager's
Office and Vice Mayor Jaskiewicz since this issue was not associated with tonight's case.
Ms. Heyden said that although the applicant is requesting relief for the size of the greenbelt, he will
be providing the same amount of landscaping that would have been required if it was a 25 foot
greenbelt.
Mr. Gainsborg explained that the applicant does not own any vacant land on Corporate Drive.
They only own three existing parcels (3D, E. and F). The remainder of the land is owned by
someone else. The applicant will not be disturbing anything on the west side of the buildings. The
request is only for the east side along the CSX railroad tracks. Although the request is for a
reduction in the width of the buffer, the applicant will put in the same amount of plant material that
would be required for the 25 foot buffer.
Motion
Vice Chairman Miriana moved to GRANT the variance to Section 7.M.17 of Chapter 2 of the City's
Land Development Regulations to reduce the required peripheral greenbelt width feet from the
required 25 feet to 3.5 feet. Mr. Rappoport seconded the motion which carried unanimously.
8. OTHER BUSINESS
None
5
00&
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 #230
Owner:
Menorah Realty, Ltd.
cia Colliers Lehrer Adler, agent
Requested
Variance:
Request relief from Section 7.H.17. of Chapter 2 of the City's
Land Development Regulations to reduce the required
peripheral greenbelt width to 3.5 feet from the required 25 f~t.
Location:
1900-2118 Corporate Drive
Legal
Description:
Parcels 3-D, 3-E, 3-F and a portion of Parcels 3-C, 3-G and 3-
H, BOYNTON COMMERCE CENTER, according to the Plat
thereof as recorded in Plat Book 46, Pages 126 and 127 in the
Public Records of Palm Beach County, Florida, more
particularly described as follows:
COMMENCING at the Southwest Comer of said Parcel 3-G;
thence N 02021'32" E, along the West line of said ParceI3-G,
for a distance of 239.73 feet to a point on a line 35.00 feet
South of and parallel with the South line of said Parcel 3-H,
said point also being the POINT OF BEGINNING; thence
continue N 02021'32" E, along the West line of said Parcels 3-
G and 3-H, for a distance of 1054.60 feet; thence S 88032120"
E, 166.02 feet to a point on the East line of said Parcel 3-H;
thence S 02021 '32" W, along said East line, for a distance of
249.50 feet to a point on a line 40.00 feet North of and parallel
with the South line of said ParceI3-C; thence S 88032'20" E,
along said parallel line, for a distance of 223.51 feet to a point
on the arc of a tangent curve, concave to Southwest; thence
Southeasterly along said parallel line and the arc of said curve,
having a radius of 1534.00 feet, a central angle of 18007'47"
and an arc distance of 485.40 feet; thence S 20000'15" W,
along the East line of said Parcels 3-C, 3-D, 3-E, 3-F and 3-G,
for a distance of 805.04 feet to a point on a line 35.00 feet
South of and parallel with the North line of said Parcel 3-G and
the South line of Parcel 3-H, said point also being on the arc
of a non-tangent curve, concave to the Southwest (radial line
to said point bears N 19008'05" W); thence Northwesterly
along said parallel line and. the arc of said curve having a
radius of 729.00 feet, a central angle' of 17040'25" and an arc
distance of 224.87 feet to a point of tangency; thence N
88032'2011 W, along said parallel line 402.15 feet to the POINT
OF BEGINNING.
TOGETHER WITH:
A 501 Ingress, Egress and Utility Easement as shown on
BOYNTON COMMERCE CENTER, according to the Plat
.."...!!:t,,,_.~~"'''''-;'.
1,' ,"U\ ~ll \\.ry \~ ';,;
\ '" .' \ ' .' .
t i 1\ r- "
: : l' \ \ \~h,; .,) , ~, -1 ' ,
\' 1 t'i~, ~ t :, " . . ~
......' !
, L-.~:-;,' ~2'
\.''''11'' "'1 I, .~1I?-* ,
!t: j,:.B.Dlfnto~merce Center
.-.,--- .. Case No. 230
thereof as recorded in Plat Book 46, Pages 126 and 127 in the
Public Records of Palm Beach County, Florida.
Said lands lying and situate in Palm Beach County, Florida,
containing 645,951 square feet, 14.83 acres, more or less.
Use:
An existing planned industrial development (Boynton
Commerce Center)
A PUBLIC HEARING before the Board of Zoning Appeals will be held relative to the above
application atCity Hall, Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton
Beach, Florida, on Thursday, February 20, 1997, at 7:00 P.M.
All interested parties are notified to appear at said hearing in person or by attorney and b~ :
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:. THE POST.
FEBRUARY 10, 1997
d:\sh8re\projecta~30.wpd
CC: CITY COMMISSION
MAYOR
CITY MANAGER
CITY ATTORNEY
PLANNING DIRECTOR
APPLICANT"S FILE
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 #230
Owner:
Menorah Realty, Ltd.
c/o Colliers Lehrer Adler, agent
Requested
Variance:
Request relief from Section 7 .H.17. of Chapter 2 of the City's
Land Development Regulations to reduce the required
peripheral greenbelt width to 3.5 feet from the required 25 feet.
Location:
1900-2118 Corporate Drive
Legal
Description:
Parcels 3-D, 3-E, 3-F and a portion of Parcels 3-C, 3-G and 3-
H, BOYNTON COMMERCE CENTER, according to the Plat
thereof as recorded in Plat Book 46, Pages 126 and 127 in the
Public Records of Palm Beach County, Florida, more
particularly described as follows:
COMMENCING at the Southwest Corner of said Parcel 3-G;
thence N 02021'32" E, along the West line of said Parcel 3-G,
for a distance of 239.73 feet to a point on a line 35.00 feet
South of and parallel with the South line of said Parcel 3-H,
said point also being the POINT OF BEGINNING; thence
continue N 02021'32" E, along the West line of said Parcels 3-
G and 3-H, for a distance of 1054.60 feet; thence S 88032'20"
E, 166.02 feet to a point on the East line of said Parcel 3-H;
thence S 02021'32" W, along said East line, for a distance of
249.50 feet to a point on a line 40.00 feet North of and parallel
with the South line of said Parcel 3-C; thence S 88032'20" E,
along said parallel line, for a distance of 223.51 feet to a point
on the arc of a tangent curve, concave to Southwest; thence
Southeasterly along said parallel line and the arc of said curve,
having a radius of 1534.00 feet, a central angle of 18007'47"
and an arc distance of 485.40 feet; thence S 20000'15" W,
along the East line of said Parcels 3-C, 3-D, 3-E, 3-F and 3-G,
for a distance of 805.04 feet to a point on a line 35.00 feet
South of and parallel with the North line of said Parcel 3-G and
the South line of Parcel 3-H, said point also being on the arc
of a non-tangent curve, concave to the Southwest (radial line
to said point bears N 19008'05" W); thence Northwesterly
along said parallel line and the arc of said curve having a
radius of 729.00 feet, a central angle of 17040'25" and an arc
distance of 224.87 feet to a point of tangency; thence N
88032'20" W, along said parallel line 402.15 feet to the POINT
OF BEGINNING.
TOGETHER WITH:
A 50' Ingress, Egress and Utility Easement as shown on
BOYNTON COMMERCE CENTER, according to the Plat
Page 2
Boynton Commerce Center
Case No. 230
thereof as recorded in Plat Book 46, Pages 126 and 127 in the
Public Records of Palm Beach County, Florida.
Said lands lying and situate in Palm Beach County, Florida,
containing 645,951 square feet, 14.83 acres, more or less.
Use:
An existing planned industrial development (Boynton
Commerce Center)
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 Thursday, February 20, 1997, 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:
d:\share\projects\commerce\legal\legaI230.wpd
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: February 6. 1996
BRIEF DESCRIPTION OF NOTICE OR AD: Board of Zoning Appeals Hearing Notice for
Case #230 (meeting February 20.1997) Boynton Commerce Center - greenbelt reduction
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 - There are no minimum
code requirements
APPROVED BY:
/"'
(1) (~~~~~
~/~/97
(Date) .
(2)
(City Attorney)
(Date)
(3)
(City Manager)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
d:\share\projects\commerce\legal\legaI230.wpd
..._.._----_.._--~----------------~-~
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 97-039
FROM:
Sue Kruse
City Clerk
Tambri J. Heyden, AICP 7jjJJ
Planning and Zoning Director
TO:
DATE:
February 6, 1997
SUBJECT: Board of Zoning Appeals
Case No. 230 (Boynton Commerce Center - greenbelt reduction)
File No. BZAV 97-002
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 20,
1997 meeting.
T JH:bme
Attachments
d:\share\projects\commerce\legal\legaI230.wpd