REVIEW COMMENTS
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PLANNING DEPARTMENT MEMORANDUM NO. 91-238
FROM:
J. Scott Miller, City Manager
~h 'h ~ 1 . D' t
C rlstop er Cutro, P annlng lrec or
TO:
DATE:
September 26, 1991
RE:
WPBR at Rollyson Aluminum Products Warehouse
File No. 649
Height Exception
Lee Starkey, agent for James and Genevieve Rollyson has
petitioned the City Commission for an exception to the M-1, Light
Industrial, zoning district maximum height limitation of
forty-five feet (45'). The request is to allow for the
construction of a 300 foot commercial radio tower in conjunction
with a radio station proposed within the existing Rollyson
manufacturing building located at 507 Industrial Way (see
attached location map). If the height exception is approved, a
request for site plan approval for the radio station will come
before the City Commission in the near future.
Pursuant to Ordinance *82-1, which proposed a voter referendum to
establish a 45 foot height limitation throughout the City, with
exception procedures relating to mechanical structures and the
subsequent referendum approval, radio towers may be erected above
the district height limitation after obtaining approval of the
City Commission based on their consideration of the standards
within Appendix A-Zoning, Section 4.F.3. for evaluating height
exceptions.
In the attached letter of request dated September 13, 1991, the
applicant did not address the height exception standards.
Therefore, following each of the standards below is the Planning
Department's evaluation as to whether the request would comply
with the particular standard.
a. Whether the height exception will have an adverse
effect on the existing and proposed land uses.
The existing land uses to the north (High Ridge
Commerce Park, zoned P.I.D. - never completed), south
(Boynton Beach Distribution Center, zoned M-1 -
completed), and west (Waste Management South within the
Boynton Beach Distribution Center - completed) are
industrial. Immediately to the east is a small vacant
parcel, zoned M-1. Further east is the Seaboard
Airline Railway and the 1-95 right-of-way." Since the
land uses in the vicinity of the proposed radio tower
are primarily industrial, the height exception will not
have an adverse effect on the existing and proposed
land uses.
b. Whether the height exception is necessary.
Appendix A-Zoning, Section 8.A.l.d.(1) and (6), the M-1
zoning district, allows the requested radio tower as an
accessory use to the lawful principal use; the radio
station. In order for such towers to be a permitted
use, when located in connection with a lawful principal
use, the determination must have been made that this
use was appropriate in the M-l zoning district.
However, as stated in the applicant's letter of
request, a tower limited to 45 feet could not serve the
functions of most radio stations. To reach the radio
station's prescribed market area, a 300 foot tower is
needed. "
Planning Department Memorandum - *91-238
-2-
c. Whether the height exception will severely reduce light
and air in adjacent areas.
Due to the frame construction of radio towers, the
height exception will not inhibit the flow of light and
air in the adjacent areas.
d. Whether the height exception will be a deterrent to the
improvement or development of adjacent property in
accord with existing regulations.
All of the adjacent property is developed with the
exception of the High Ridge Commerce Park P.I.D. to the
north and the small, vacant parcel to the east. The
height exception will not be a deterrent to the
development of these properties, since these properties
are also zoned industrial, with the potential location
of similar industrial type uses. Improvement of
already developed property will not be deterred by this
height exception, since it would not be feasible to
redevelop these parcels for anything other than
industrial uses.
e. Whether the height exception will adversely influence
living conditions in the neighborhood.
The nearest residentially zoned property is 600 feet to
the east; Rolling Green Ridge, Addition No. 1
subdivision, zoned R-1, Single-family Residential.
Within this 600 feet lies the Seaboard Airline Railway
and 1-95. The next nearest residentially zoned
property is Cedar Ridge Estates P.U.D., 1000 feet to
the north, with the High Ridge Commerce Park P.I.D.
lying between this P.U.D. and the proposed radio tower.
Construction within this P.U.D. was abandoned after the
utilities and streets were nearing completion. No
units exist. Due to the proposed height of the tower,
the tower will be visible from both of these
residentially zoned areas. However, it is arguable
whether the height exception will adversely influence
living conditions in these neighborhoods.
g. Whether the height exception will constitute a grant of
special privilege to an individual owner as contrasted
to the public welfare.
Approximately one mile to the south along the east side
of the 1-95 corridor is the City's communications tower
which was constructed in December of 1986 to a height
of 320 feet, for public service, safety and radio
communication purposes. Although the City has a lease
with Cellular One to locate their private, commercial
antenna and microwave dish on the City's tower, a
height exception for WPBR's commercial radio tower
could constitute a grant of special privilage to an
individual owner. In addition, height exceptions
granted by the City in the past to individual owners
have been considerably less in height than the 300 feet
requested by WPBR.
h. Whether sufficient evidence has been presented to
justify the need for a height exception.
As previously stated, the only justification presented
by the applicant is the statement made in the
applicant's letter of request regarding market area.
i. The City Commission may, in connection with processing
of application for exception hereunder, refer same to
the Planning and Zoning Board for recommendation.
Planning Department Memorandum - #91-238
-3-
At this time, the Planning Department has not been
directed to place this item before the Planning and
Zoning Board.' If it is the desire of the Commission to
do so, this item could be placed on the October 8, 1991
Planning and Zoning Board meeting agenda.
The height exception provisions in the code do not
require a recommendation from staff and historically
only technical information relevant to the height
exception request has been forwarded by staff to the
Commission. Admittedly, staff is in a quandary. On at
least one previous occasion, members of City Commission
have publicly stated that they do not wish to have the
large antennas in the 1-95 corridor. At the same time,
some of the allowed uses in the M-1 zoning district
require large antennas. These facts are further
complicated by the Cellular One tower which contains
City equipment.
If the City Commission does not desire to have antennas
in the 1-95 corridor, it should deny this request and
direct staff through the City Manager to remove uses
that need large antennas from the zoning districts
bordering on 1-95.
If the City Commission desires to have the radio
station, the request should be approved. However, the
ability of the City Commission to stop other towers
from being installed at a later date will be greatly
diminished.
Finally, the code requires that the City Commission
make findings indicating the proposed exception has
been studied and considered in relation to the
standards outlined above.
Please place this item on the City Commission Agenda for
October 1, 1991 for Commission action.
CC/jm
Atts.
~~
ADAIR & BRADY, INC.
September 13, 1991
Consult ing Engineers
Land Surveyors, Land Planners
1958 South Congress Avenue
West Palm Beach, Florida 33406
Telephone: (305) 964-1221
Office also located in Stuart,FI.
Christopher Cutro, A.I.C.P
Planning Director
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
RE: Radio Tower and Studios
Radio Station WPBR
Dear Cris:
Attached is our submittal, for your consideration, of a proposed
A.M. radio tower and studios within the existing facilities
previously approved by the City of Boynton Beach.
In order for the studio to reach the prescribed market area, the
proposed tower must be 300 feet in height. This exceeds the
maximum height permitted within the M-1 Industrial District.
Therefore we must request a waiver of that height limitation,
which clearly did not anticipate the height requirements for
commercial communication towers.
If you have any questions or require additional information
please give me a call.
Sincerely,
WPBRBOYN.4
90074
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