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LEGAL APPROVAL A F F I D A V I T , . STATE OF FLORIDA ) ) ss. ) COUNTY OF PALM BEACH BEFORE ME THIS.DAY PERSONALLY APPEARED &~-f~ , WHO BEING DULY SWORN, DEPOSES AND SAYS: That the accompanying Property Owners List is, to the best of his knowledge, a complete and accurate list of all property owners, mailing addresses and legal descriptions as recorded in the latest offi- cial tax roles in the County Courthouse for all property within Four Hundred (400) feet of the below described parcel of land. The property in question is legally described as follows: SEE ATTACHED EXHIBIT "A" FURTHER AFFIANT SAYETH NOT. Sworn to and subscribed before me this /b~ day of ~<<; , ~~~t ~/J/lnn;Jk/ No:tary Public ' State of Florida at Large A.D. 19 ~7 My Commission Expires: lNfitai)' -Eulilii;Sfaler,Iflor1dll. at large . 'J n' 4 1991 Mi9 totifinissiorl {xplres a . .... ORDINANCE NO. 89- 3Lj- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE CONDITIONS OF APPROVAL OF ~ THE ORIGINAL KEZONING CONTAINED IN ORDINANCE NO. 87-8, TO MODIFY THE CONDITIONS OF APPROVAL CONTAINED THEREIN; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS, the City Commission of the City of Boynton Beach rezoned a certain parcel of land known as "The High. Ridge Cen ter~ by adoption of Ordinance No. 87 - 8 , which rezoned said parcel of land from R1AAA to M1, and WHEREAS, said Ordinance imposed certain conditions of approval upon said parcel concurrent with the rezoning, and WHEREAS, the applicant has requested that two of the conditions be modified from the original conditions established in Ordinance No. 87-8, and WHEREAS, public hearings have been held with regard to said modifications, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. That the conditions of approval of the rezoning of High Ridge Center contained in Ordinance No. 87-8 which rezoned said parcel from R1AAA to M1, Light Industrial, are hereby amended. Said new conditions of approval are hereby attached and incorporated by reference as Exhibit "A" to this Ordinance which include staff comments dated August 21, 1989. Section 2. That all ordinances or parts of ordinances , in conflict herewith be and the same are hereby repealed. Section 3. Should any section or provision of this \'. ordinance or portion hereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 4 . This ordinance shall become effective immediately upon passage. FIRST READING this M day of C~ 1Ch eY 1989. SECOND, FINAL READING and PASSAGE this /7ul day of OltoheV' , 1989. /--< CITY OF .,BOYNTON_~H, FLOR_IDA- " 0 ./7 ' -_.~-- , ~/// ! , I /' 1./' ~~~.(j.. Comm" sioner I Commissioner ~I ~ (' / i '/' / ~' /,/ /i r-;~/ l ~ L J"~./t, -'. '- Commissioner ~ ATTEST: ~j~. City rk (Corporate Seal) 1.... ..J, - MEMORANDUM August 21, 1989 TO: ' Chairman,and Members Planning and Zoning Board (, RE: Carmen S. Annunziato Planning Director The High Ridge Center - Request For The Modification of Conditions Imposed Upon Rezoninq to M-l, Light Industrial - File No. 282 FROM: INTRODUCTION RoY" Barden, agent for Max Schorr, Trustee', is requesting that certain conditions that were imposed at the time of rezoning to M-l.in February, 1987 be deleted as follows: 1) Reduction of the 25 foot wide greenbelt along High Ridge Road from 25 feet to .10 feet. The greenbelt is a requirement of the Planned Industrial Development (PID) zoning district regulations. ( 2) Dedicate right-of-way and construct Industrial Way as an 80 foot wide collector from High Ridge Road to the western property boundary. This requirement is based on Article X, Section 10 of Appendix C, Subdivisions and Platting. 3) Construct Miner Road as a 108 foot wide arterial adjacent to the project's north frontage. This requirement is based on Article X, Section 19 of Appendix C, Subdivisions and Platting. The High Ridge Center is located at the southwest corner of High Ridge Road and Miner Road extended (see attached location map in Exhibit "A"). HISTORY AND BACKGROUND In september, ,1985 the High Ridge Center was annexed into the city and placed in the R-1AAA, single-Family.Residential, land use category. It was then the applicant's intent to seek a ~ rezoning to allow for the development of the site as a Planned Industrial Development (PID), after seeking a variance from the Zoning Board of Adjustment for the minimum 25 acre land area 1 ( ( requirement for a PID (the High Ridge Center has a land area of only 10.84 acres). The variance request was denied and the property was zoned M-l instead of PID. For a further explanation of the history and background of this site, see attached copy of previous staff report for rezoning to M-l in Exhibit "B". ~ ISSUES/DISCUSSION 1. Request for a 15 foot reduction of the 25 foot wide greenbelt along High Ridge Road to 10 feet. The applicant's justification for this request is that the properties zoned M-l on the opposite side of High Ridge Road (east side) require only a 5 foot wide landscape strip and, in addition, the applicant is proposing to set aside a larger open space area than that which would be required by the PID zoning district regulations (20%). How~ver, the applicant does not specify the additional open space preserve area that is to be provided. At a minimum, the Comprehensive Plan Evaluation an~ Appraisal Report requires that 25% of the existing native habitat (sand pine) area on the site must be preserved. The staff has indicated that it would be acceptable to locate the sand pine preserve acreage within the 20% open space area~ Based on the above, it is recommended that this request be granted. Request to delete the requirement for the dedication and construction of Industrial Way as an 80 foot wide collector road from High Ridge Road to the western property boundary. 2. l The above requirement appears in Section 10 of Article X of the Subdivision and Platting Regulations and requires the extension of existing streets to serve adjoining areas that are not subdivided. This requirement was imposed upon the applicant for two reasons: 1) platting is a requirement of the PID zoning regulations which were imposed on the applicant; and 2) the applicant was proposing to subdivide the parcel to create four parcels and the division of a parcel into four or more smaller parcels is defined as a subdivision in Appendix C, Subdivisions and Platting. The applicant's justification for deleting this requirement is based on an analysis prepared by James R. Zook, P.E., President of Zook, Moore and Associates, Inc. (See copy of traffic analysis in Exhibit "C"). The traffic analysis of the road network in the vicinity indicates that the proposed deletion of Industrial Way will not'adversely affect the adjacent transportation network and, in fact, may slightly enhance it. In addition, the applicant has verbally indicated that it is likely that this p~operty will not be divided into four parcels as originally proposed, but into three or fewer parcels. Based on the above, it is recommended that this request be granted. In addition, if the applicant decides to divide 2 this property into fewer than four parcels, platting will not be required. 3. Request to delete the requirement for the construction of Miner Road as a 108 foot wide arterial adjacent to the project's north frontage. Section 10 of Article X of Appendix C, Subdivisions and ~ Platting, requires the "incorporation and compatible "- development of present and future streets as shown on the official map adopted by the City Commission under the thoroughfare plan, when such present or future streets are affected by the proposed subdivision". Construction of Miner Road is also consistent with the following policies containe4 within the Comprehensive Plan Evaluation and Appraisal Report (Ordinance 86-54): "Require improvement of roadways to mitigate the impacts of developments, as a condition of approval of developments." (p. 171). "Construction of Miner Road between I-95 and Military Trail may be required as a condition of the development of adjacent properties." (p. 178). Construction of Miner Road between High Ridge Road and Congress Avenue: To be constructed as part of the development of residential property surrounding High Ridge Country Club and/or Boynton Beach Park of Commerce and/or through the use of road impact fees. (p. 186). ? \ ',-- Based on the above, it is recommended that the applicant be required to construct Miner Road adjacent to the property's north frontage if he decides to proceed prior to the County, as access is proposed onto this road. The developer should be granted credit toward payment of his road impact fee if he decides to proceed prior to the County. CONCLUSIONS/RECOMMENDATION The modifications requested by the applicant should be approved as requested, with the exception of the requirement to construct Miner Road adjacent to" the property's north frontage, as outlined under item No. 3 in the previous section. c~_ ~ ~Q i??~ Carmen S. Annun ~ato ( '- JJG:cp 3 c L <<t"f.."?-':s.:ro ~ <t '?- ( , ______ ,~n ---- ---- -:----~u - . --- ---------- --.. ('Je8 (ill @ dJ 121 {S ~ dJ a (: ~ .J D.. r- 2. w. 2 D- O .J W > l~ 0: W I- U) d ~ .-' l , , '1 ., ""Cl. -- ~,J(I~n1 Z/vv- ~'.=. .... 18 ~~ ":X Site Cata I I I J I I l:I _ \,\ I '1 z . ..' ~ ~\li I -j .. .~..t:~~ I I " . I ~ - I ~ I ~ & I ", $ J I ~' -I'...:;~ : .\ I ~ . ", I I 0 II , ~~----L I c:. ,0 ~ ~~ I~I \) I i I O'T I ~ 11: I ~I ~! ~;~\l: 1":\ ~~ '.I I:.~~\) I~I-:<.~ ~ I l~iO'~ 1\\1 il' -' ~ ~I I,,> 'J Ll. ; .?' 1"('1 tt I . . ~ I ~ { I I ..;&' I ...1 ~: . ,i~TI rj-----:-~ ~ll !~ .~.. 1. __ ~ J---!L '~ , . t .4o~_f'Y-'r<'~+- - "'. \; -~~I .. i T r -:- <!:..- 'itll'" I I I ' 'I: : I' i I . .1 :, ' I I ~~. I i1 ~..*- I I I .v ..1 'IS' I.~.~ I, I ,~ : "'t]i. :. .~'.r .~........ ~~ ",--- -- Acree LI LIGHT INDUSTRIAL 7.76 R/W .43 SP&OS 2.65 1'Cli~4 " ' J'l , 1~' " j . I. 11 0.1] = JI o _ c: .. ~ 1 ",0 'I "'2 ~j- c3'c J' >-c~ ~t:] ~o~ J,~~. -, -nr' . I I I I I I I I I I I I I I c sc:: I. ~ . -............^ 2 ^~ EXHIBIT B ( ( c ( ( l r- t MEMORANDUM 2 February 1987 TO: Chairman and Members Planning and Zoning Board FROM: Carmen S. Annunziato Planning Director RE: The High Ridqe Center - Rezonina Annlication Summary: Roy Barden, agent for Max Schorr, Trustee, is requesting that a 10.84 acre parcel be rezoned from R-1AAA, Single-Family Residential, to M-1, Light Industrial. The Future Land Use Plan designation for this parc~l is to remain unchanged (Industrial Commercial). The property is currently vacant and is heavily wooded, with sandpines occupying most of the property. The proposed use of the property is a small industrial/warehouse development to consist of a maximum of four parcels (see attached Master Plan). Current Zoning/Pronosed Zonina (see attached location map: Prior to annexation, the property was zoned RS, Single-Family Residential, in Palm Beach County. The RS zoning reflected the land use that was originally anticipated for the entire area. lying between the Miner Road corridor and the Boynton Canal; namely, low density residential. In September 1985, the City Council voted to approve the annexation of the subject property and the rezoning of the property to the City's R-1AAA zoning district. It was then the applicant's intent to seek a rezoning and Future Land Use Element Amendment to allow development of this site as a Planned Industrial Development. It was necessary for the applicant to annex under a residential land use and zoning category, as he was precluded from requesting an industrial land use classification and PID zoning because the minimum lot area for PID's is 25 acres, and unless the property was annexed, no relief could be granted to the minimum lot size requirement. On Dec~mber 8, 1986 the Board of Adjustment met to consider the applicant's request for a variance to the minimum lot area for zoning to PID, at which time the request was denied. However, on December 16, 1986 the City Council proceeded to adopt an ordinance which amended the Land Use Element of the Comprehensive Plan, changing the future land use category on the subject parcel from Low Density Residential to Industrial, as the request was consistent with Comprehensive Pl~n policy for this area of the City. The chan~e in land use has provided the framework for the applicant to request a rezoning from R-lAAA, Single-Family Residential to M-1, Light Industrial. 1 Surrounding Land Use and Zoning: The property to the east of the sUbject parcel is in an M-l Light Industrial zoning district, which is separated from the subject parcel by High Ridge Road. This M-l district is currently being developed for warehouse and 'light industrial uses. To the south of the subject parcel is a portion of the Quantum Park of Commerce, which is proposed for industrial uses. To the southwest and southeast is a vacant parcel lying partly in the City and partly in the unincorporated area. This parcel is presently zoned for single-family use, ~ however, it is anticipated that it will eventually be placed in an industrial land use category and developed as a PID. The Evaluation and Appraisal Report, in"fact, recommends an industrial land use category for this parcel. Com rehensive Plan - Future Land Use Ma: The Future Land Use P an shows this property to be under the "Industrial" category. Therefore, an amendment to the Future Land Use Plan would not be necessary. I Comprehensive Plan - Text: The following Comprehensive Plan POlicies are relevant to this application: Area 49 Unincorporated parcels at the southwest corner of Miner Road Extended and High Ridge Road. .r I "This is an unincorporated enclave that should be annexed. These "-- parcels should eventually be placed in the "Industrial" land use category and developed as Planned Industrial Developments, where the parcel size permits and should be developed in a manner similar to the adjacent Boynton Beach Park of Commerce." (P-ll, 12/16/86 addendum) , ' ; "Encourage the complete development of industrial land as industrial parks or concentrated industrial areas in order to maximize the linkage between complimentary industries". (P-39) "Ensure through site plan review procedures that maximum buffering to adjacent residential areas is provided." (P-39) "Recommend that vegetative screening be required between industrial developments and residential zoning districts." (P-9, 12/16/86 addendum). "As a minimum, 25 percent of all native plant communities which occur on a site (e.g. Pine Flatwoods, Sand Pine Scrub, Xeric Oak Forest, Hardwood Hammock, etc.) shall be preserved." (P-6, 12/16/86 addendum) . i "- '- "Habitat shall be preserved with intact canopy, understory, and ground cover." (P-6, 12/16/86 addendum). 2 ( "Discourage noncompatible development in scrub habitat". (P-6, 12/16/86 addendum) ( "Minimize development which would exacerbate surface and subsurface water quality". (P;,.6) "The City should require the use of "best management practices" in new development in order to reduce pOllution associated with non-point sources." (P-28) "During land clearing and site preparation, wetting operations or other soil treatment techniques appropriate for controlling unconfined emissions, including seeding and mulching of disturbed areas, shall be undertaken and implemented by the developer.1I (P-8, 12/16/86 addendum) Issues: Ordinance 86-10 requires that the Planning Department evaluate land use amendment/rezoning requests with respect to the following issues: a. "Whether the proposed rezoning would be consistent with applicable comprehensive plan policies. The Planning Department shall also recommend limitations or requirements which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan." '( The current Comprehensive Plan encourages the development of "concentrated industrial areas". The proposed development would function as an extension of the 540-acre Quantum Park of Commerce and therefore would serve to create a concentrated industrial area. In order to prevent the "indiscriminate destruction of native vegetation", it is recommended that the developer preserve 20% of the site as a sand pine preserve, as the PID regulations require 20% of the site to be preserved as open space, which should be construed to mean open space which is above and beyond the landscaped areas which are required for parking lots. The Urban' Forester's memorandum, which is attached to this report, outlines the measures which will be necessary for preserving sand pines on site. In order to provide buffering between the proposed industrial development and future residential development to the north, a greenbelt with a width of '40 feet is recommended along the northern property line. This greenbelt is a requirement of the PID regulations. Along the eastern, southern, and western property lines, this greenbelt is required to be at least 25 feet wide and is also recommended for this project. In order to "Minimize development which would exacerbate surface and subsurface water quality" the following conditions should be ,impose4 : 3 -.. ,., - --~......-.. - - ~-----~.:!"" -~.. ...,........ (1)- Truck well drainage systems should be designed and maintained to include oil and grease receptors and open bottom sedimentation sumps as pollution retardant structures. Parking areas and roadways adjacent to truck wells should be designed to divert runoff to storage and exfiltration on-site prior to discharge into the surface wa~er management system. (2) Prior to occupancy, each specific tenant or owner that uses, handles, stores, or displays hazardous materials or generates hazardous waste should meet the following requirements: ( (a) The tenant or owner should construct an appropriate spill containment system which should be designed to hold spilled hazardous materials for cleanup and to prevent such materials from entering the storm water drainage system. In addition to a containment system, tenants or owners should develop an appropriate early warning system for hazardous materials and wastes. The tenant or owner should also submit to the City a hazardous materials response plan. These containment, monitoring, and response systems should be approved by the city in accordance with the Environmental Review Permit procedure. (b) Generation and disposal of hazardous waste effluents into the sanitary sewer system should be prohibited unless adequate pretreatment facilities are constructed by tenants or owners generating such - effluents. Pretreatment facilities should be approved by the City in accordance with the Environmental Review ~ Permit procedure, and should comply with Chapter 26, Article IV. "Sewers" of the City of Boynton Beach Code of Ordinances. In order to minimize erosion and reduce blowing sand, clearing of building site should not commence prior to development of the site. Furthermore, during land clearing and site preparation, wetting operations or other techniques for controlling blowing sand should be undertaken and implemented by the developer. b. "Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would ~onstitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare." It is a policy of the Evaluation and Appraisal report that all of the property south of Miner Road be placed in an "Industrial" land use category. This recommendation was based upon the fact ( that the M-l zoning to the east of the subject parcel, and the '- establishment of the Quantum Park of Commerce to the south and 4 ( ( ( l I west of the subject parcel, has established industrial development as the predominant land use in the area. c. "Whether changed or changing conditions make the proposed rezoning desirable." As .stated in the paragraph above, the surrounding areas to the east, south and west are developing for industrial use. Therefore, development of th~ subject parcel for industrial use would be desirable, provided that it is developed as a high quality industrial park. d. "Whether the proposed rezoning would be compatible with utility systems, roadways, and other pUblic facilities." The following analysis assumes that the proposed develo~ent would contain approximately 182,000 square feet of industriar/warehouse floor space, and would employ approximately 434 persons. By comparison, R-1AAA zoning on the subject parcel would allow for the construction of 32 single-family dwellings, and would house approximately 100 persons. The proposed industrial and warehouse uses would consume 4,000 to 8,000 gallons of water per day compared to 13,000 gallons per day if, the property were to be developed for single-family housing. Water is available from an existing water main in High Ridge Road. Sewage generated by the industrial and warehouse uses would range from 1,700 to 6,500 gallons per day, compared to 7,500 gallons per day for residential uses. A sewer connection is available from a manhole located on the eastern property line. The demand on utility systems would be less than or equal to that which would occur under the current zoning, and could be accomodated by the City's utility systems. Traffic generated by the proposed development would be approximately 1,000 trips per day, with 200 trips entering and' eXiting in the evening peak hour. Development under R-1AAA zoning, by comparison, would generate 320 trips per day. The traffic generated by this project would not be substantial enough to warrant major improvements to the surrounding roadways. Roadway improvements which will be made in the vicinity as part of the Quantum Park of Commerce will generally be adequate to serve the subject parcel. These roadway improvements include the 4-laning of 22nd Avenue from Seacrest Boulevard to Congress Avenue and construction of left and right turn lanes at High Ridge Road and N.W. 22nd Avenue. The applicant should, however, be required to construct left turn lanes, northbound, at High Ridge Road and Industrial Way and High Ridge Road and Miner Road, and should also be required to construct Miner Road as an arterial, and Industrial Way as a collector, to the western limits of the parcel. Both of the roads which abut the proposed development are collector roads, therefore, access to these roads should be 5 '-' . ..., limited, in order to maintain efficient flow. The Planning Department recommends that access to the proposed development be limited to two access points: (1) A driveway on Miner Road at the western boundary of the property; (2) An access point on High Ridge Road at the center of the property, aligning with Industrial Way. An 80 foot-wide collector road should be dedicated and built to the western edge of the property at this location, in order to provide access to the parcel which lies to the west. The applicant could then provide a marginal access road running to the north and south, which would serve all four lots. The applicant should also be required to pay a proportionate share of the cost of signalizing this intersection, if and when a signal is warranted. Furthermore, the applicant should be required to dedicate additional right-of-way for Miner Road, in order to obtain half of the 108-foot right-of-way which will be required for Miner Road. e. "Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent and nearby properties." { " If the property is developed as a high-quality industrial park, similar to the Quantum Park of Commerce, it could be anticipated that such development would be compatible with surrounding land uses. f. "Whether the property is physically and economically developable under the existing zoning". ( It is arguable that the subject property, together with the 52-acre parcel which lies to the west, could still be develoned for low density housing, however, due to the M-l zoning which lies to the east, and the industrial and office development which will occur to the south and west, the subject parcel can no longer be considered to be an appropriate location for residential uses. I I :1 g. "Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole." Demand for warehouse and light manufacturing floorspace occurs at the regional level as opposed to the local level. The applicant. has submitted a market analysis, which indicates that there is a strong regional demand for warehouse and high-technology manufacturing space. Based upon the absorftion rate which was projected for the Quantum Park of Commerce, it can be anticipated that build-out of the subject property would take approximately seven years. h. "Whether there are adequate sites. elsewhere in the City ~ for the proposed use, in districts where such use is already allowed." 6 ( ( The Quantum Park of Commerce, Boynton Beach Distribution Center, and High Ridge Commerce Park are all existing approved developments which contain 250 acres which are suitable for light industrial/warehouse development. There are also about 150 acres of vacant industrial prop~rty located in other areas of the City. The subject parcel should be considered, however, to be part of the cluster of light industrial and commercial developments centered around NW 22nd Avenue. This is the only part of the City where the opportunity exists for the development of large scale industrial/office development. By comparison, there are numerous sites elsewhere in the City, and particularly in the unincorporated area west of the City, where large-lot, single-family homes could be built. ( Conclusions/Recommendations: The most appropriate zoning for this property would be as a Planned Industrial Development, with uses similar to those which will be allowed in the adjacent Quantum Park of Commerce. However, ~ince the application to rezone to PID has been precluded by denial of the minimum lot area variance by the Board of Adjustment, it would be appropriate to rezone the subject parcel to M-1, Light Industrial, consistent with Comprehensive Plan.policies which require the development of this property for light industrial land uses. As previously mentioned, the Land Use Element of the Comprehensive Plan has recently been amended to place this property in an "Industrial land use category. If the property is developed in accordance with staff comments, which include conformance with PID design standards, handling of hazardous materials, and limitations on access, development of this property would be compatible with surrounding land uses, including the Quantum Park of Commerce. Therefore, the Planning Department recommends that this rezoning request be approved, subject to the staff comments and recommendations contained in this memorandum which have been summarized below: STAFF RECOMMENDATIONS BASED ON EXPLICIT CODE REQUIREMENTS: l 1. Provide buffering between the proposed light industrial development and future residential ,development to the north, using a greenbelt with a width of 40 feet along the northern property line. This greenbelt is required by the PID regulations. Along the eastern, southern, and western property lines, this greenbelt is required to be at least 25 feet side (Sec. 7.H.17 of Appendix A, p. 1928). 2. Preserve 20% of the site as open space. The PID regulations require this open space, which should be construed to mean open space which is above and beyond the landscaped areas which are required for parking lots (Sec. 7.H.13 of Appendix A, p. 1928). 7 ~ ,.. 3. Once the open space areas has been established ar.d delineated on the site plan, the area should be protected from any encroachment. This includes not allowing the area to be used for water drainage or on-site water retention. The developer should consider the location of this open space in the overall design of the project to assure that the area remains in its natural state. (Sec. 7.5-15 on p. 600 and Sec. 7.5-24 on p. 604). 4. Submit an accurate and detailed tree survey showing the location of all Sand Pine trees over 6" in diameter. Any groups of trees of smaller diameter can be shown on the survey as "clusters" of the tree species (Sec. 7.5-7., p. 597). 5. Construct Miner Road and Industrial Way to the western limits of the parcel. This requirement is based on Article X, Sec. 10 of Appendix C (p. 2137), which states: The proposed subdivision street layout shall be coordinated with the street system of the surrounding area and consideration shall be given to existing and planned streets, relation to topographic conditions, public convenience, safety, and their appropriate relation to the proposed use of land to be served by such streets. The arrangement of streets in new, subdivisions shall provide for the continuation of existing streets in areas not subdivided, and the arrangement of streets in new subdivisions shall provide for the proper projection of streets. When a new subdivision adjoins unsubdivided land, then the new street, where necessary, shall be carried to c- the boundary of the tract proposed to be subdivided to promote reasonable development of adjacent lands and provide continuity of street systems. (6) Construct Miner Road as an arterial, and Industrial Way as a collector,' with a lOB-foot wide right-of-way for Miner Road and an 80 foot wide right-of-way for Industrial Way. (Article X, Sec. 19 of Appendix C, 2147). (7) Dedicate additional right-of-way for Miner Road, in order to obtain half of the 108-foot right-of-way which will be required for Miner Road (required by Article X, Sec. 10 of Appendix C (p. 2137) in the Subdivision Regulations, and required by the Thoroughfare Plan, on page 65 of the Comprehensive Plan, which is adopted by Sec. 19-7 of the Code of Ordinances). (B) Limit access to the site to ~wo points: (a) A driveway on Miner Road at the western boundary 0: the property. (b) An access point on High Ridge Road at the center of the( property, aligning with Industrial Way. The applicant could ~ then provide a marginal access road running to the north and south, which would serve all four lots. . . B ( -------.-..- - -- &..- -=--- ( The requirements listed under (8) above are necessary to conform to Article X, Section 1, of Appendix C (p. 2130) which states that liThe subdivision shall be designed to accomplish access to the lots by the use of local streets...Where access is desired along collector or arterial streets, it shall be provided by means of a marginal access road". (9) Make the following improvements to the intersections of High Ridge Road and Industrial Way and High Ridge Road and Miner Road: (a) Construct a left turn lane, northbound, at High Ridge Road and Industrial Way. (b) Pay a proportionate share of the cost of signalizing this intersection, if and when a signal is warranted. (c) Contract a left-turn lane, northbound, at High Ridge Road and Miner Road. The requirements listed under (9) above are necessary in order to "provide for safe and efficient movement within the City" (page 7 of Comprehensive Plan), and are required by Article X, Sec. 12 of Appendix C (p. 2128), and Article X, Sec. 16 of Appendix C (p. 2129). ( STAFF RECOMMENDATIONS WHICH ARE BASED ON PERFORMANCE STANDARDS CONTAINED IN ZONING REGULATIONS AND COMPREHENSIVE PLAN POLICIES. (10) In order to minimize contaJmination of surface and subsurface water the following conditions should be imposed: (a) Truck well drainage systems should be designed and maintained to include oil and grease receptors and open bottom sedimentation sumps as pollution retardant structures. Parking areas and roadways adjacent to truck wells should be designed to divert runoff to storage and exfiltration on-site prior to discharge into the surface water management system. (b) Prior to occupancy, each specific tenant or owner that uses, handles, stores, or displays hazardous materials or generates hazardous waste should meet the following requirements: I ( , "- (c) The tenant or owner should construct an appropriate spill containment system which should be designed to hold spilled hazardous materials for cleanup and to prevent such materials from entering the storm water drainage system. In addition to a containment system, tenants or owners should develop an appropriate early warning system 'for hazardous materials and wastes. The tenant or owner should also submit to the City a hazardous materials response plan. These containments, monitoring, and response systems should 9 .... 'W be approved by the City in accordance with the Enviror~ental Review Permit Procedure. (d) Generation and disposal of hazardous waste effluents into the sanitary sewer system should be prohibited unless adequate 'pretreatment facilities are constructed by tenants or owners generating such effluents. Pretreatment facilities should be approved by the City in accordance with the Environmental Review Permit procedure, and should comply with Chapter 26, Article IV. "Sewers" of the City of Boynton Beach Code of Ordinances. \ / i The requirements listed under (10) above to serve "Minimize development which would exacerbate surface and subsurface water qualityl1 (p. 6 of Comprehensive Plan), and are necessary in order to implement 'Best management practices' ...in new development in order to reduce pollution associated with non-point sources" (p. 28 of Comprehensive Plan). Also, Sec. 4.N.5. of Appendix A prohibits toxic or noxious matter which would "...contaminate any public waters or any groundwater" (p. 1902.1)., I (11) In order to minimize erosion and reduce blowing sand: (a) Clearing of building site should not cc~roence prior to development of the site. (b) During land clearing and site preparation, wetting operations or other techniques for controlling blowing sand should be undertaken and implemented by the developer. ( The requirements listed under (11) above serve to "!1inimize and mitigate erosion" (p. 34 of Comprehensive Plan), and are necessary to meet Sec. 4.N.3. of Appendix A, which prohibits "the emission of smoke, dust, dirt, or other particulate natter which may cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property and rights-of-way, at or beyond the property lines of the property on which the use is located" (p. 1902.1). STAFF RECOMMENDATIONS WHICH ARE BASED ON COMPREHENSIVE PLAN POLICIES: (12) From the tree survey, that area where the largest and most viable Sand pine trees exist should be designated as the 20% open space area. This area can either be one 2 acre site or two 1 acre sites, but no more than two sites used to meet this requirement. (13) As a minimum, 25 percent of all native plant communities which occur on a site (e.g. Pine Flatwoods, Sand Pine Scrub, Xeric Oak Forest, Hardwood Hammock, etc.) shall be preserved. ( \ '-- 10 ( ( ( l .'-~-uzT.ra:b .~. (It is recommended that this preservation primarily occur in the 20% open space area as outlined in No. 12 above, or within the parking lot landscaping, if necessary.) The requirements listed under (12) and (13) above, serve to "Eliminate the indiscriminate-destruction of the native vegetation" (page 6 of comprehensive Plan) and page 6 of the 12/16/86 addendum to the Comprehensive Plan Evaluation and Appraisal Report. {7 --4 ~ /C /A ~;;;t: CARMEN s. ANNU~IATO /bks cc:' City Manager Technical Review Board Roy Barden Central F,ile 11 EXHIBIT C ( l l. ( , ( ( l -- -- .......- - - .....__ _..__ _~r'--__._.-...-.o.-....;.'... ..... __._...._ ___ .... __._____~..... ZOOK, MOORE AND ASSOCIATES. INC, 901 Norlhpoinl Parkway, Suile 200 West Palm Beach, Florida 33407 407683-4017 -\ ....' - ....-("\~; -- \ .----.:- y. \j \ \ - (~\\' ----. ) "..; _ r ...;"". \ '---, ,\ .C'-:' , eJ" . . . :.,'" .'\ ~, ,c. - ..\) ,., \ ~ ',-\ " \ ,\\\,00 - i\-- .,.? .\ ~.\) .~)~,..... ,'\ ~ .' ,'\ \ . ,.A, . -'\ ._ \2fJ~r ' June 20, 1989 4219T.OO ------.--- ENGINEERS I PLANNERS Mr. James Golden, Planner City of Boynton Beach Planning Department P.O. Box 310 Boynton Beach. FL 33425 Re: The High Ridge Center Traffic Impact Statement Dear Mr. Golden: \Ve have analyzed the impact that the proposed deletion of Industrial Way will have on High Ridge Center as well as the adjacent property to the west. The deletion of Industrial Way will require that the adjacent property have access via NW 22nd Avenue and Miner Road. NW 22nd Avenue cdrrently exists and will be widened to six lanes in the future. Right-of-way acquisition is scheduled for completion in September of this year with the construction of Miner Road to begin in December. (Please see attached Palm Beach County Road Program.) This direct access onto two arterials as opposed to access via Industrial Way will actually improve traffic operations in the area in that traffic from the adjacent property need not travel High Ridge Road to access NW 22nd Avenue or Miner Road. In addition. internal circulation for the High Ridge Center and the adjacent property will also improve with the removal of Industrial \Vay. Based on a review of the Boynton Beach Park of Commerce D.R.I., the WPBUA TS update, the anticipated light industrial use of the adjacent property and an overview of the transportation network in the area, the proposed deletion of Industrial Way will not adversely effect the adjacent transportation network. In fact, it will slightly enhance the adjacent roadway network. Very truly yours, JRZIJMD/bds Enclosure ., ~ L._ <~~:i L' _ 'J 0 ~ _ _~~~ ~~l\~;2 t1~~~ :~_, ~~ _;~ !'JJ2 t.. t~ ~~: _:: ~ ~ ~ t.! I tJ ~_ ~:: ::~~ ~ ~ =_: =:..; Clty 01 [1l)','ITtOrl 8 r>',7\C: I, , F1Clrldc. P13nnlnq 3nd Zonln~ Doard This application must be filled out completely and accuratoly and submitted~, t0gethcr with the materials listod in Section II belGw~ in two (2) copies to the Planning Department. Incomplete applications will not be processed. Please:.' Print Legibly' or Typt? ~ll Information. I. ~~~sBBk_l~EQB~BIIQ~ 1. Project Name: ~.h&Jb.-thj(~L-~~------------- .., .:... Type of Application (check one) i'I. Rezoning only b. Land Use Amendment only .' ( ._..__'__.___ c. Land Use r-,mendmC2nt. .:..nd Rez on i ng Dc.te this ~~Pl~~~PIt'~~~:?t;1fJ~nt DepartmE~nt) : ..:.. . ------------.-----------------------.--------------------- 4. Applicant~s Name (person or business entity in whose name this appli~ation is made): J.)~ia~-hubO_\::"-::t-rt'.J..k".J-~--------------------- Ad dress : 2bJ2--Eo--::(a4-J:~~Lkwa?f---------.---------- ~Ltt1_~~,hj-Ek-L-~JdzQ------------- ~~~"1~~~ ~n e _~L2l/_<Cez6:::.-:J.:Jf)-t2------------------------------ Agent's Name (person, if any, representing applicant): ( ~-12'--~r:-J~-f--A32.h:6:JAi~J?------ Address: ~---q.:....J (J 1 A rH~~-\~~ LY-/?t 'E -~~~-q-~DQJ:~-Ul--------.------------ '\:?ooa.-~~-Topt::.-7"'S~1F"~L------------------ PI anni ng Departmro~I~0-0 S0-1age 1 <= ...J. ~ _.---- -~~ -=-.... 16. _/~ \ - J_ _~DJtL~+r~6_l__ ____________. P~c~c ::,ed = on: n~ J: stt-l ct : JicJ:=\...~,__________.______________________ CLlr"Te:mt L2.nd U:38 C.:\tegory: ~D_cLclc;J-_tia.1_________.___________._ Prcpcsed l_.:'\ncl USe? Cat~lJory: ltcd~____________________________._ Intended Use of Subject Parcel: h~6:h_~~i::la~_______ d1..~L2joptu&~------------------------------------------- C \,.l r:- 811 t .: 0 n l n q :: ~ . > t :-- : c t : 1:: . 1::: . 14. 15. 17. ::::~:::~-:~-;,:~~::~~--ti1~-~:~~~~~;~~t:(l';~~~~~~ 18. Architect: 19. Landscape Architect: fuL'd~1?~~Quf2-------- Si te PI anner: _______!2.ili~________.__________________________ 20. 21. Civil Engineer: --,,., ...... ( Traffic Engineer: -----------1Z~adL-.-~~rbakd~~~-'reL. .; Surveyat- : ~.,. ...:.:.....:' . II. ~eI~BI~k~_IQ_~g_~~~~lII~Q_~lI~_ettkl~eIIQ~ The following materials shall be submitted, in two (2) copies. (check) _~. This application form. _~b. A copy of the last recorded warranty deed.. , _~c. The follo\'Jing documents and letters of consent: ~~(l) If the property is under joint or several ownership: I' consent to the application by all owners of record, and _tl.Jb2) I f the app I i cant is a contr act purchaser: A copy of the purchase contract and written consent of the owner and seller. A wri ttel ( and ~:::) If the applicant is represented by an authorized agent: A cop' -'l'~ of the agency agreement~ or written consent of the applicant, an~ 1djAt ~) If the applicant is a lessee: A copy of the lease agreement, Planning Department 1-86 page 3 l_ ..., .., r i?l op h on e _A:~~:2:J_L&9-~-::.2_03-=t-------_______-_____-_____-_______- Number: I . 6. Property Owner's (or Trustee's) N~me: ( W\aX~U ha ~L/-.ltu~~~: - ----- ----- ----- ---- - -- .., -- - -- ~\d d res 5 : 1:f?-C2_J~.:t g\,\.. @.-kNt-~~------- _____ _ -- - ----- - - - -- - - --. j:~~.J~1~\.-~~b-tt L-_&S_~__-__ -- ._-,--- - ---- --- Telephone Ao:l_!_f2~8_~lJC21)_ _._____________ _______ ________________ Number: ( ( l 7. Correspondence Address (if different than apclicant or a~ent):* ~__~__QkLJ~___________________________ ---------~---------------------------------------------- * This is the address to which all agenda5~ letters~ and other materials will be mailed. 8. What is the applicant's interest in the subject parcel? (Owner, Buyer~ Lessee~ Builder~ Developer~ Ccntract Purchaser, etc.) ---------~~\)-~~---------------------------------------- 9. street Address or Location of Subject Parcel: __________________ ~_U~~kQ~_lli4hQ~L-~-~*m~-i2I.~, 10. Legal Description of Subject Parcel: +r--~-:ts:-~lO.A-\.,I ~~~~vB.A~w-t-Lo1:J-f_~-bflt1_Llf.JQmtL~ht:f ~ ~62j.tth(KQ.~~~_~-t~~&auht.;OJJhtt } ~.~L?~~_~~~_~~~-~~_----~-------------------- . ------------------------------------------------------------------ ------------------------------------------------------------------ 11. Area of Subject Parcel . (to the nearest hundredth (1/100) of an acre): . J.a_,_cC2A::Az;__LLh0.__a.!.A:-2k-cledl~:tel_lliL__ m\'~1Zcl ~0xieA\4~'\ --00\ A~1- ~ \OI4-\~ Plan8ing Department 1-86 page 2 >;O['!CI: e)F l'UnrJ[C !I1';,'\!U:;C; NOTICE IS r!r.ru~nY G[VP.N th.,t Ill.... 1'1..nninq f. ?()nin<l [lo"rd o( I:hc CIT'! (!l~ OOYNTO:'-I i1P.i\CII, FLORID/\, \oJil1 ronrlllr.t". ., PUlH,TC (11~/\RPlG ilt 7:3U P.>1. "'11 Tuc>scl<lY, Spr,'prn!1r>r 12, l<)f1n, .," ('i~y 11;,11 ('''II1l''1i~r.ion Chi1mh~r~, lQO P.;,st f10\'ntr"n pni1ch 111vu, noynlon n~;,rh, Florirl., to considf'r a r0Ql1Psl: /- for " i'1~STCR PL,,\N (CONDITIONS) M'IEN[)t--1r.NT covrring ~hc parcel of'L,nd \ described as follows: LEGAL DESCRIPTION: ^ f'ilrcel of l<lnd in Government Lot l, Section 17, To\.mship 45 South, Runge 43 Gust., County of Pal.m BeClch, State of Florida, more particul<lrly described as follows: r . '- 8eginning <It the North":'<1st corn(>r of Section 17, Township 45 South, Range 43 P,i1st: (Beginning point i'l1so being thp Northei1.~t cortler of: Government Lot 1); thence running South 01021'30" Ei1~t, along the East line of said Section 17 and Government Lot 1, a rlist<lnce of 1311.10 fect to i1 point on the North cor- poration li.ne of 8oynton Bench (<lS referred to in Official Record nook 1804, pi1ge 225), thence running South 880313'41" \'le!'lt, ;along said North corporation line a distance of 413.43 feet to a point: thence running Nor.th 00012'57" West, a dist<'\nce of 1310.76 feet to C\ point on the North line of si'lirl Section 17 and Government Lot 1: thence running North 88033'21" East, along said Nortll line, i'l distance of 387.04 feet to the point of beginni.ng, less the E(l!';t 40,.,00 feet thereof and containing 10.841 acres more or less. OWNER Max Schorr, Trustee AGENT: Roy Barden PROJECT NAME: The High Ridge Center PROPOSED USE: Light Industrial Development LOCATION: Southwest corner lIigh Ridge Road und Miner Road Extension REQUEST: MODIFICATION of the following conditions imposed by the City Commission for approval of zoning to M-l. Zoning will remain M-l. ( 1. Twenty-five foot landscape buffer along eastern property line. 25' of buffer on the south and western property lines will be provided. Request a 15' reduction of this required 25' buffer on the eastern property line. 2. Requirement of dedication of right-of-way and construction of Miner Road Clnd Industrial Way to the western line of the property. The owners have previously dedicated 54 feet of land on the North for Miner Road. Also, Palm Beach County will construct all of Miner Roa~. Request amendment of and deletion of those conditions which relate to Industrial Wny right-of-way/construction, as well as Miner Road construction. ALSO A PUBLIC HEARING will be held by the City Commission of the City of Boynton Beach on the above n~qllest on 'ruesdi1Y, September 19, 1989 at 6 : 30 P. t-\. 0 r ass 0 0 nth ere aft ern S the age n d il per m its . l All interested parties are notifie~ to appenr ilt said he<lrings in per- son or by attorn(>y and be h(>i1rrl. Any person \oJho decides to <lppeal <lny decision of the Pli1nning r.. 7.ollinq nO(,lr.~ or city Commission \oJith respect to ;'Iny miltter consider0~ i1t tl~(>se mc>ptillgR will need <l record of the proceedings and for. RlICh pllrroRe milY Il(>ell to ensure that a ver- batim record of th(> proceedings is m<ld0, which- r('cord includes the testimony and evidence upon \-Ihich the appei'\l is to be bused. mas PU13LISII: fJ r:'J'TY S. no RON I CITY CLERK CITY OF BOYNTON rJEACH THr-: rOST August 27 & Septemh(>r J, 1909 ~- ...- oz- y 3-ps--/7~orj- 1) D l- 0 D l 0 ~ l i \ ORDINANCE NO. 87- g AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM R-1AAA (SINGLE-FAMILY RESIDENTIAL) TO M-1 (LIGHT INDUSTRIAL), SAID PARCEL BEING 'MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 711 c;..- ? / .II,.,./' v,! If" I < PJf k~ f~ . WHEREAS, the City Council of the City of Boynton Beach, Florida, has heretofore adopted Ordinance No. 80-19, in which a Revised Zoning Map was adopted for said City; and WHEREAS, Max Schorr, Trustee, has heretofore filed a Petition with the City of Boynton Beach, Florida, pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a certain parcel of land within the municipal limits of said City, said property being more particularly described hereinafter, R-1AAA (Single-Family from Residential) to M-1 (Light Industrial); and WHEREAS, the City Council deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The following described land, located in the City of Boynton Beach, Florida, to-wit: A parcel of land in Government Lot 1, Sectioti 17, Township 45 South, Range 43 East, County of Palm Beach, State of Florida, more particularly described as follows: Beginning at the northeast corner of Section 17, Township 45 South, Range 43 East; (beginning point also being the northeast corner of Government Lot 1); thence running South 01021'38" East, along the East line of' said Section 17 and . Government Lot 1, a distance of 1311.10 feet to a point on the North 1 corporation line of Boynton Beach (as referred to in Official Record Book 1804, Page 225), thence running South 88038'41" West, along said North corporation line a distance of 413.43 feet to a point; thence running north 00012' 57" West, a distance of 1310.76 feet to a point on the North line of said Section 17 and Government Lot 1; thence running North 88033'21" East, along said North line, a distance of 387.04 feet to the point of beginning, LESS the East 40.00 feet thereof and . containing 10.841 acres more or less. be and the same is hereby rezoned from R-1AAA (Single-Family Residential) to M-1 (Light Indu,strial), subject to staff comments which are attached hereto, and incorporated herein, as Exhibit A. Section 2: That the aforesaid Revised Zoning Map of the C~ty shall be amended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. . Should any section or provision of this Section 4: Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5: This Ordinance shall become effective immediately upon passage. -FIRST READING this ~Ki 1987. day of --/iJ th rc!... h , SECOND, FINAL READING and PASSAGE this of I!.o/Jr-C/h , 1987. /7t1<- day 2 " - " ,1' ii . : I:' : . . ., \ -_ l ~ \ \ 1: -\ "",' l~~ .,,;) 't.. .....,.. ' :4 ,11 I . '.\ ~ -"" ~..- 'Et.Oit1.U'Jlo. ~ ~'E;p..Ct\, ~O~~O C1.~ O'E .--.---- .. ,..- ~ " 3 .( l. --;---:- - - ... 6p.,.6 't\ll> \\~G\\ 1t~DGl> Cl>1il'tl>1t ~'L01:ll'NG .~ . '- . -..... ' ..,.... .. '. E~1\1.j)'L't ,,~1 MEMORANDUM J 2 February 1987 ( TO: Chairman and Members Planning and Zoning Board FROM: Carmen S. Annunziato Planning Director RE: The High Ridge Center - Re~oning Application Summary: Roy Barden, agent for MolX Schorr, Trustee, is requesting that a 10.84 acre parcel be rezoned from R-1AAA, Single-Family Residential, to M-1, Light Industrial. The Future Land Use Plan designation for this parcel is to remain unchanged (Industr~al commercial). The property is currently vacant and is heavily wooded, ~ith sandpines occupying most of the property. The proposed use of the property is a small industrial/warehouse development to consist of a maximum of. four parcels (see attached Master Plan). Current Zoning/Proposed Zoning (see attached location mao: Prior ~ to annexation, the property was zoned RS, Single-Family ResidentiaL~ in Palm Beach County. The RS zoning reflected the land use that was originally anticipated for the entire area lying between the Miner Road corridor and the Boynton Canal; namely, low density residential. In September 1985, the City Council voted to approve the annexation of the subject property and the rezoning of the property to the City's R-1AAA zoning district. It was then the applicant's intent to seek a rezoning and Future Land Use Element Amendment to allow development of this site as a Planned Industrial Development. It was necessary for the applicant to annex under a.residential land use and zoning category, as he was precluded from requesting an industrial land use classification and PID zoning because the minimum lot area for PID's is 25 acres, and unless the property was annexed, no relief could be granted to the minimum lot size requirement. On December 8, 1986 the Board of Adjustment met to consider the applicant's request for a variance to the minimum lot area for zoning to PID, at which time the request was denied. However, on December 16, 1986 the City council proceeded to adopt an ordinance which amended the Land Use Element of the ( Comprehensive Plan, changing the future land use category on the subject parcel from Low Density Residential to Industrial, as the request was consistent with Comprehensive Plan policy fer this area' of the City. The change in land use has provided the framework for the applicant to request a rezoning from R-1AAA, single-Family Residential to ~-1, Light Industrial. 1 <.. c-- ,( ( ( ( l .. ,. Surrounding Land Use and Zoning: The property to the east of the subject parcel is in an M-l Light Industrial zoning district, which is separated from the subject parcel by High Ridge Road. This M-l district is currently being developed for warehouse and light industrial uses. To the south of the subject parcel is a portion of ~~e Quantum Park of Commerce, which is proposed for industrial uses. To the southwest and southeast is a vacant parcel lying partly in the city and partly in the unincorporated area. This parcel is presently zoned for single-family use, however, it is anticipated that it will eventually be placed in an industrial land use category and developed as a PID. The Evaluation and Appraisal Report, in fact, recommends an industrial land use category for this parcel. Comorehensive Plan - Future Land Use Map: The Future Land. Use Plan shows this property to be under the "Industrial" categor:i. Therefore, an amendment to the Future Land Use Plan would not be necessary. Comorehensive Plan -,Text: The following Comprehensive.Plan Policies are relevant to this application: Area 49 Unincorporated parcels at the southwest corner of Miner Road Extended and High Ridge Road. ; "This is an unincorporated enclave that should be annexed. These parcels should eventually be placed in the "Industrial" land use category and developed as Planned Industrial Developments, where the parcel size permits and should be developed in a manner similar to the adjacent Boynton Beach Park of Commerce." (~-11, 12/16/86 addendum) "Encourage the complete development of industrial land as industrial parks or concentrated industrial areas in order to maximize the linkage between complimentary industries". (P-39) "Ensure through site plan review procedures that maximum buffering to adjacent residential areas is provided." (P-39) "Recommend that vegetative screening be required between industrial developments and residential zoning districts." (P-9, 12/16/86 addendum). "As a minimum, 25 percent of all native plant communities which occur on a site (e.g. Pine Flatwoods, Sand pine Scrub, Xeric Oak Forest, Hardwood Hammock, etc.) shall be preserved." (P-6, 12/16/86 addendum) "Habitat shall be preserved with intact canopy, understory, and ground cover." (P-6, 12/16/86 addendum). . 2 c;:::--- . . "Discourage noncompatible development in scrub habitat". (P-6, 12/16/86 addendum) ~ "Minimize development which would exa~erbate surface and subsurface water quality". (P-6) "The city should require the use of "best management practices" in new development in order to reduce pOllution associated with non-point sources." (P-28) ( "During land clearing and site preparation, wetting operations or other soil treatment techniques appropriate for controlling unconfined emissions, including' seeding and mulching of disturbed areas, shall be undertaken and implemented by the developer." (P-8, 12/16/86 addendum) Issues:. Ordinance 86-10 requires that the Planning Department evaluate land use amendment/rezoning requests with respect to the following issues: \ a. "Whether the proposed rezoning would be consistent with applicable comprehensive plan policies. The Planning Department sqall also recommend limitations or requi~ements which would have to be imposed on subsequent development of the property, in order to comply with policies contained in - the cornprehensi ve plan." ( , The current Comprehensive Plan encourages the development of "concentrated industrial areas". The proposed development would function as an extension of the 540-acre Quantum Park of Commerce and therefore would serve to create a concentrated industrial area. In order to prevent the "indiscriminate destruction of native vegetation", it is recommended that the developer preserve 20% of the site as a sand pine preserve, as the PID regUlations require 20% of, the site to be preserved as open space, which should be construed to mean open sp~ce which is above and beyond the landscaped areas which are required. for parking lots. The Urban Forester's memorandum, which is attached to this report, outlines the measures which will be necessary for preserving sand pines on site. -k In order to provide buffering between the proposed industrial development and future residential development to the north, a greenbelt with a width of 40 feet is recommended along the northern property line. This greenbelt is a requirement of the PID regUlations. Along the eastern, southern, and western property lines, this greenbelt is required to be at least 25 feet wide and is also recommended for this project. co In order to "Minimize development which would exacerbate surface and subsurface water quality" the following conditions should be imposed: k /.5 77;/5 /(GreL.flbtLI! 'f /3r-l- 0 i==- 3#,e !ff2-.5efvt? kef or tJ~~ ~c i. L c-- ( ( ( l (1) Truck well drainage systems should be designed and maintained to include oil and grease receptors and open bottom sedimentation sumps as pollution retardant structures. Parking areas and roadways adjacent to truck wells should be designed to divert runoff to storage and exfiltration on-site prior to discharge into the surface water management system. (2) Prior to occupancy, each specific tenant or owner that uses, handles, stores, or displays hazardous materials or generates hazardous waste should meet the following requirements: (al The tenant or owner should construct an appropriate spill containment system which should be designed to hold spilled hazardous materials for cleanup and to prevent such materials from entering the storm water drainage system. In addition to a containment system, tenants or owners should develop an appropriate early warning system for hazardous materials and wastes. The 'tenant or owner should also submit to the City a hazardous materials response plan. These containment~ monitoring, and response systems should be approved by the City in accordance with the Environmental Review Permit procedure. (b) Generation and disposal of hazardous waste effluents into the sanitary sewer system should be prohibited unless adequate pretreatment facilities are constructed by tenants or owners generating such effluents. Pretreatment facilities should be approved by the City in accordance with the Environmental Review Permit procedure, and should comply with Chapter 26, Article IV. "Sewers" of the City of Boynton Beach Code of Ordinances. In order to minimize erosion and reduce blowing sand, clearing of building site should not commence prior to development of the site. Furthermore, during land clearing and site preparation, wetting operations or other techniq~es for controlling blowing sand should be undertaken and implemented by the developer. b. "Whether the proposed rezoning would be contrary to the established land use. pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted w~th the protection of the, public welfare." It is a policy of the Evaluation and Appraisal report that all of the property south of Miner Road be placed in an "Industrial" land use category. This recommendation was based upon the fact that the M-~ zoning to' the east of the subject parcel, and the establishment of the Quantum Park of Commerce to the south and . 4 ..:=-- ~ west of the subject parcel, has established industrial development as the predominant land use in the area. c. "\vhether changed or changing conditions make the proposed rezoning desirable." As stated in the paragraph above, the surrounding areas to the east, south and west are developing for industrial use. Therefore, development of the subject parcel for industrial use would be desirable, provided that it is developed as a high. quality industrial park. ( d. "Whether the proposed'rezoning would be compatible with utility systems, roadways, and other public facilities." The following analysi3 assumes that the proposed develoment would contain approximately 182,000 square feet of industrial/warehouse floor space, and would employ approximately 434 persons. By comparison, R-1AAA zoning on the subject parcel would allow for the construction of 32 single-family dwellings, and would house approximately 100 persons. , The proposed industrial and warehouse uses would consume 4,000 to 8,000 gallons of water per day compared to 13,000 gallons per day if the property were to be developed for single-family housing. Water is available from an existing water main in High Ridge Road. Sewage generated by the industrial and warehouse uses ( would range from 1,700 to 6,500 gallons per day, compared to 7,500 gallons per ,day for residential uses. A sewer connection is available from a manhole located on the eastern property line. The demand on utility systems would be less than or equal to that which would occur under the current zoning, and could be accomodated by the City's utility systems. .. r... Traffic generated by the proposed development would be approximately 1,000 trips per day, with 200 trips entering and exiting in the evening peak hour. Development under R-1AAA zoning, by comparison, would generate 320 trips per day. The traffic generated by this project would not be substantial enough to warrant major improvements to the surrounding roadways. Roadway improvements which will be made in the vicinity as part of the Quantum Park of Commerce will generally be adequate to serve the subject parcel. These roadway improvements include the 4-laning of 22nd Avenue from Seacrest Boulevard to Congress Avenue and construction of left and right turn lanes at High Ridge Road and N.W. 22nd Avenue. The applicant should, however, be required to construct left turn lanes,. northbound, at High Ridge Road and Industrial Way and High Ridge Road and Miner Road, and should also be required to construct Miner Road as an arterial, and Industrial Way as a collector, to the western limits of the parcel. Both of the roads whicn abut the proposed development are collector roads, therefore, ac~ess to these roads should be ( 5 l c-- ( ( ( l -, " f' limited, in order to maintain efficient flow. The Planning Department recommends that access to the proposed development be limited to two access points: (1) A driveway on Miner Road at the western boundary of the property; (2) An access point on High Ridge Road at the center of the property, aligning with Industrial Way. An BO foot-wide collector road should be dedicated and built to the western edge of the property at this location, in order to provide access to the parcel which lies to the west. The applicant could then provide a marginal access road running to the north and south, which would serve all four lots. The applicant should also be required to pay a ' proportionate share of the cost of signalizing this intersection, if and when a signal is warranted. Furthermore, the applicant should be required to dedicate additional right-of-way for Miner Road, in order to obtain half of the lOB-foot right-of-way which will be required for Miner Road. . e. "Whetl-er the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or wquld affect the property values of adjacent and nearby properties.1t . If the property is developed as a high-quality industrial park, similar to the Quantum Park of Commerce, it could be anticipated that such development would be compatible with surrounding land uses. -f. "Whether the property is physically and economically developable under the existing zoning". It is arguable that the subject property, together with the 52-acre parcel which lies to the west, could still be developed for low density housing, however, due to the M-1 zoning which lies to the east, and the industrial and office development which will occur to the south'and west, the subject parcel can no longer be considered to be an appropriate location for residential uses. g. "Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole." Demand for warehouse and light manufacturing floorspace occurs at the regional level as opposed to the local level. The applicant has submitted a market analysis, which indicates that there is a strong regional demand for warehouse and high-technology manufacturing space. Based upon the absorbtion rate which was projected for the Quantum Park of Commerce, it can be anticipated that build-out of the SUbject property would take approximately seven years. h. "Whether there are adequate sites elsewhere in the City for the proposed use, in districts where such use is already allowed." 6 c--- .. The Quantum Park of Commerce, Boynton Beach Distribution Center, and High Ridge Commerce Park are all existing approved developments which contain 250 acres which are suitable for light industrial/warehouse development. There are also about 150 ac=es of vacant industrial property located in other areas' of the City. The subject pa=cel should be considered, however, to be part of ( the cluster of light industrial and commercial developments centered around my 22nd Avenue. This is the only part of the City where the opportunity exists for the development of large scale industrial/office development. By comparison, there are numerous sites elsewhere in the City, and particularly in the unincorporated area west of the City, where large-lot, single-family homes could be built. Conclusions/Recommendations: The most appropriate zoning for this property would be as a Planned Industrial Development, with uses similar to those which will be allowed in the adjacent Quantum Park of Commerce. However, since the application to rezone to PID has been precluded by denial of the minimum lot area variance by the Board of Adjustment, it would be appropriate to rezone the subject parcel to M-l, L~ght Industrial, consistent with Comprehensive Plan Policies which require the development of ( this property for light industrial land uses. As.previously mentioned, the Land Use Element of the Comprehensive Plan has recently been amended to place this property in an "Industrial land use category. If the property is developed in accordance with staff comments, which include conformance with PID design standards, handling of hazardous materials, and limitations on access, development of this property would be compatible with surrounding land uses" including the Quantum Park of Commerce. Therefore, the Planning Department recommends that this rezoning request be approved, sUbject to the staff comments and recommendations contained in this memorandum which have been summarized below: STAFF RECOMMENDATIONS BASED ON EXPLICIT CODE REQUIREMENTS: 1. Provide buffering between the proposed light industrial development and future residential development to the north, using a greenbelt with a width of 40 feet along the northern property line. This greenbelt is required by the PID regulations. Along the eastern, southern, and western property ( lines, this greenbelt is required to be at least 25 feet side (Sec. 7.H.17 of Appendix A, p. 1928). 2. Preserve 20% of the site as open space. The PID regulations require this open space, which should be construed to mean open space which is above and beyond the landscaped areas which are required for parking lots (Sec. 7.H.13 ~f Appendix A, p. 1928). 7 l ~ ( ( ( l " 3. Once the open space areas has been established and delineated on the site plan, the area should be protected from any encroachment. This includes not allowing the area to be used for water drainage or on-site water retention. The developer should consider the location of this open space in the overall design of the project to assure that the area remains in its natural state. (Sec. 7.5-15 on p. 600 and Sec. 7.5-24 on p. 604). 4. Submit an accurate and detailed tree survey showing the location of all Sand Pine trees over 6" in diameter. Any groups of trees of smaller diameter can be shown on the survey as "clusters" of the tree species (Sec. 7.5-7., p. 597). S,. Construct Miner Road and Industrial Way to the western limits of the parcel. This requirement is based on Article X, Sec. 10 of Appendix C (p. 2137), w~ich states: The proposed subdivision street layout shall be coordinated with the street system of the surrounding area and consideration shall be given to existing and planned streets, relation to topographic conditions, public convenience, safety, and their appropriate relation to the proposed use of land to be served by such streets. The arrangement of streets in new subdivisions shall provide for the continuation of existing streets in areas not subdivided, and the arrangement of streets in new subdivisions shall provide for the proper projection of streets. When a new subdivision adjoins unsubdivided land, then the new street, where necessary, shall be carried to the boundary of the tract proposed to be subdivided to promote reasonable development of adjacent lands and provide continuity of street systems. (~ Construct Miner Road as an arterial, and Industrial Way as a collector, with a 108-foot wide right-of-way for Miner Road and an 80 foot wide right-of-way for Industrial Way. (Article X, Sec. 19 of-Appendix C, 2147). '~1 Dedicate additional' right-of-way for Miner Road, in order to obtain half of the 108-foot right-of-way which will be required for Miner Road (required by Article X, Sec. 10 of Appendix C (p. 2137) in the subdivision Regulations, and required by the Thoroughfare Plan, on page 65 of the Comprehensive Plan, which is adopted by Sec. 19-7 of the Code of Ordinances). (8) Limit access to the site to two points: (a) A driveway on Miner Road at the western boundary of the property. (b) An access point on High Ridge Road at the center of the property, aligning with Industrial Way. The applicant could then provide a marginal access road running to the north and south, which would serve.all four lots. . 8 ~ . . The requirements listed under (8) above are necessary to conform to Article X, section 1, of Appendix C (p. 2130) which states that "The st:J:::,division shall be designed to accomplish access to the lots by the use of local streets...Where access is desired along collector or arterial streets, it shall be provided by ( means of a marginal access road". (9) Make the following improvements to the intersections of High Ridge Road and Industrial Way and High Ridge Road and Miner Road: (a) Construct a left tu~n lane, northbound, at High Ridge Road and Industrial Way. (b) Pay a proportionate share ,of the cost of signalizing this ir.tersection, if and when a signal is warranted. (c) Contract a left-turn lane, northbound, at High Ridge Road and Miner Road. ~ The requirements listed under (9) above are necessary in order to "Provide for safe and efficient movement within the City" (page 7 of Comprehensive.Plan), and are required by Article X, Sec. 12 of Appendix C (p. 2128), and Article X, Sec. 16 of Appendix C (p. 2129) . STAFF RECOMMENDATIONS WHICH ARE BASED ON PERFORMANCE ST~~DARDS ( CONTAINED IN ZONING REGULATIONS AND COMPREHENSIVE.PLAN POLICIES. (10) In order to minimize contaimination of surface and subsurface water the following conditions should be imposed: (a) Truck well drainage systems should be designed and maintained to include oil and grease receptors and open bottom sedimentation sumps as pollution retardant structures. Parking areas and roadways adjacent to truck -- we~ls should be designed to divert runoff to storage and exfi~tration on-site prior to discharge into the surface water management system. (b) Prior to occupancy, each specific tenant or owner that uses, handles, stores, or displays hazardous materials or generates hazardous waste should meet the following requirements: . (c) The tenant or owner should construct an appropriate spill containment system which should be designed to hold spil~ed hazardous materials for cleanup and to prevent such ( materials from entering the storm water drainage system. In addLtion to a containment system, tenants or owners should develop an appropriate early warning system for hazardous materials and wastes. The tenant or owner should also submit to the City a hazardous materials response plan. These containments, monitoring, and response systems should 9 (. ---- ( ( ( l -f be approved by the City in accordance with the Environmental Review Permit Procedure. (d) Generation and disposal of hazardous waste effluents into the sanitary sewer system should be prohibited unless adequate pretreatment facilities are constructed by tenants or owners generating such effluents. Pretreatment facilities should be approved by the City in accordance with the Environmental Review Permit procedure, and should comply with Chapter 26, Article IV. "Sewers" of the City of Boynton Beach Code of Ordinances. The requirements listed under (10) above to serve "Minimize development which would exacerbate surface and subsurface water quality" (p. 6 of Comprehensive Plan), and are necessary in order to implement 'Best management practices'...in new aevelopment in order to reduce pollution associated with non-poitit sources" (p. 28 of Comprehensive Plan). Also, ~ec. 4.N.5. of Appendix A prohibits toxic or noxious matter which would "...contaminate any public waters or any groundwater" (p. 1902.1). . (11) In order to minimize erosion and reduce blowing sand: (al Clearing of building site should not commence prior to development of the site. (b) . During.. land clearing and site preparation, wetting operations or other techniques for controlling blowing sand should be undertaken and implemented by the developer. The requirements listed under (11) above serve to "Minimize and mitigate erosion" (p. 34 of Comprehensive Plan), ahd are necessary to meet See,. 4.N. 3. of Appendix A, which prohibits "the emission of smoke, dust, 'dirt, or other particulate matter which may cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property and rights-of-way, at or beyond the property lines of the property on which the use is located" (p. 1902.1). STAFF RECOMMENDATIONS WHICH ARE BASED ON COMPREHENSIVE PLAN POLICIES: (12) From the tree survey, that area where the largest and most viable Sand pine trees exist should be designated as the 20% open space area. This area can either be one 2 acre site or two 1 acre sites, but no more than two sites used to meet this requirement. (13) As a minimum, 25 percent of all native plant communities which occur on a site (e.g. pine Flatwoods, Sand Pine Scrub, Xerie Oak Forest, Hardwood Hammock, etc.) shall be preserved. 10 <::::-- '. (It is recommended that this preservation primarily occur in the 20% open space area as outlined in No. 12 above, or within the parking lot landscaping, if necessary.) The requirements listed under (12) and (13) above, serve to "Eliminate the indiscriminate destructiori of the native vegetation" (page 6 of Comprehensive Plan) and page 6 of the 12/16/86 addendum to the Comprehensive Plan Evaluation and Appraisal Report. ~ ...-G..--" /(,.... ~..-:::t. CARMEN S. ANNU~IATO /bks cc: cityManager Technical Review Board Roy Barden " central File 11 ( c- ( (. c-- CITY of BOYNTON BEACH , ~:~ . "',lo . 200 N. Seacrest Blvd. Post Office Box 310 Boynton Bea~h, FL 33435 ( 3 0 5 ) .7 3 8 -7 4 9 0 { .-.. .-,-. --~_.::.--. ,;,,:,,~,.'~:~,:--.,-':. :~Q_____~__""" I ~fJl.. ~_ . '.. J. - ~' ,....... ~---- -.----- . .....-I'"C:It... I """. Ir~' ':::... 111-~~~~~~.:;~::-:~ 't...~4Ii ~~...... oi.',':,I,~ .. , .'" . ....:1 ~I!J~ I' · .. .....~.~. ~ -~~--':"o .~" III ~t ,,' ,"~' ad '* ~: J.~.Et"'''' .-~ I; . "-': .~. . ,;. !':.~;...-' ..~'. ~. ~.~ - '~Q: ~~~ .;."....... ~....----;---- :f OFFICE OF THE PLANNING DIRECTOR May 2, 1988 Roy Barden, RLA/AICP Roy Barden Planning Group 110 E. Atlantic Avenue Suite 414W Delray Beach, FL 33444 Re: High Ridge Center Dear Mr. Barden: Please be advised that on Tuesday, April 19, 1988, the City Commission approved the site plan time extension until May, 1989 on the above referenced project. If you have any questions, please do not hesitate to call. Very truly yours,. CITY OF BOYNTON BEACH ~/ CARMEN'S. ANNUNZIATO, PLANNING DIRECTOR -----' CSA:ro cc City Manager Technical Review Board Central File NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning & Zoning Board of the CITY OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING at 7:30 P.M. on Tuesday, February 10, 1987, at City Hall, to consider request for REZONING covering the parcel of land described as follows: Legal Description: A parcel of land in Government Lot 1, Section 17, Township 45 South, Range 43 East, County of Palm Beach, State of Florida, more particularly described as follows: " Beginning at the Northeast corner of Section 17, Township 45 South, Range 43 East: (Beginning point also being the ~ortheast corner of Government Lot 1): thencE! running South 01021'38" East, along the East line of said Section 17 and Government Lot 1, a distance of 1311.10 feet to a point on the North corporation line of Boynton Beach (as referred to in Official Record Book 1804, page 225), thence"running South 88038141" West, along said North corporation line a distance of 413.43 feet to a point: thence running North 00012'57" West, a distance of 1310.76 feet to a point on the North line of said Section 17 and Government Lot 1: thence running North 8803312111 East, along said North line, a distance of 387.04 feet to the point or beginning, less the East 40.00 feet thereof and containing 10.841 acres more or less. OWNER: Max Schorr, Trustee AGENT: PROJECT NAME: Roy Barden The High Ridge Center PROPOSED USE: Light Industrial Development LOCATION: Southwest corner High Ridge Road and Miner Road Extension REQUEST: REZONE from R-1AAA (Single Family Residential District) to M-I Industrial ALSO A PUBLIC HEARING will be held by the City Council of the City of Boynton Beach on the above request on Tuesday, February 17, 1987, at 8:00 P. M. or as soon thereafter as the agenda permits. All interested parties are notified to appear at said hearings in per- son or by attorney and be heard. Any person who decides to appeal any decision of the Planning & Zoning Board or City Council with respect to any matter considered at these meetings 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. BETTY S. BORONI, CITY CLERK CITY OF BOYNTON BEACH PUBLI SH : THE POST January 25 and February 1, 1987 CC: City Council City Manager Recording Secretary f I J MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD IN COUNCIL CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY; DECEMBER 8, 1986 AT 7:00 P.M. PRESENT Vernon Thompson, Jr., Chairman Robert Gordon, Secretary George Mearns Paul Slavin Ben Uleck Raymond Eney, Alternate Alan Newbold, Chief Plans Inspector ABSENT George Ampol, Vice Chairman (Excused) Lillian Artis (Excused) Danny O'Brien, Alternate (Excused) Chairman Thompson called the meeting to order at 7:05 P.M. He stated that a full Board was not present, but a majority Board was present to vote. Chairman Thompson introduced the members of the Board, Mr. Newbold, the Recording Secretary, and recognized the presence in the audience of Vice Mayor Carl Zimmerman, City Manager Peter Cheney, and former Board member Ted Blum. Also present in the audience were Building Official Edgar "Bud" Howell and Senior City Pla~ner Tim Cannon. MINUTES OF NOVEMBER 10, 1986 Mr. Slavin moved to approve the minutes as received. The motion, which was seconded by Mr. Gordon, carried 6-0. ANNOUNCEMENTS None. COMMUNICATIONS None. OLD BUSINESS None. NEW BUSINESS Chairman Thompson explained to the audience that the Board bases its decision upon what members see when they visit the - 1 - ,.,. .." ! MINUTES-BOARD'OF ADJUSTMENT BOYNTON BEACH, FLORIDA ~ .~ DECEMBER 8, 1986 site in question to decide whether the hardship that exists was caused by the City, County or State government or was self-imposed. He read the six criteria the Board bases its decision upon. Chairman Thompson pointed out that this Board is not a majority Board. Any three negative votes will deny the applicant, and five votes in favor are needed to grant the request. Case #110 Applicant/ Owner: Benjamin & Sylvia Aaron Joseph & Sylvia Glass Request: Relief from Appendix A-Zoning, Section ll-H-16-b(1) requiring one (1) parking space per 100 sq. ft. of gross floor area. Church has 1,200 sq. ft. of building with 12 parking spaces required. Relief of 10 parking spaces requested. Address: 1103 N. Federal Highway Legal Description: Lot 1, Block A, LAKE ADDITION TO'BOYNTON BEACH Recorded in Plat Book 11, Page 71, Palm Beach County Records Mr. Gordon read the application for Case #110 and the responses to the six questions in paragraph 5. Benjamin Aaron, 300 N.E. 12th Avenue, Hallandale, Florida 33009, thanked the Board for the extension of time (90 days) that was given him to apply for the variance, and he wondered if another extension of time could be given if the Church members were required to vacate the property, assuming the variance was not granted. Mr. Slavin had no questions of Mr. Aaron, but wondered why the minutes of his hearing at the Codes Enforcement Board pertaining to property violations were given to the BOA. He believed the Board was to rule on the property involved and the hardship involved and asked if violations of property were their concern. Mr. Slavin asked in what manner the Board should proceed. Chairman Thompson stated that the case was asking only for a parking variance, because there was not adequate parking. - 2 - ~ MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLPRIDA DECEMBER 8, 1986 Twelve parking spaces are needed, and only two are available. Chairman Thompson said that the case came with a lot of problems, which would be in the back of their minds, but the question before the Board was parking. Mr. Slavin again asked if the Board should have been given the CEB minutes, since the violations discussed there did not have any bearing on what was being asked of this Board. Mr. Slavin added that Mr. Aaron had asked for an extension of time, but the BOA had no power to grant this request. Mr. Newbold advised that at the pre-variance hearing with his staff, it was brought to their attention that the variance may not solve all of Mr. Aaron's problems. It was suggested that these facts be brought to the attention of the BOA; this was the reason for the excerpts from the CEB meeting. Mr. Newbold further advised that Mr. Aaron was not aware that the BOA was a separate Board from the CEB, not having the power to grant his request for an extension of time. Mr. Newbold thought Mr. Aaron's reference to a license might be misleading. He explained tnat churches are not required to be licensed, but must obtain a Certificate of Occupancy. He stated that another reason the minutes were given to the Board members was because of a reference that seating in the Church might be a higher number than stated by xhe applicant. If the seating count increased above a certain number, the variance count would have to be changed also. Mr. Slavin asked if that meant the Board should ignore the information sent by the CEB. Mr. Newbold answered that the information should be considered as one of eight facts. Mr. Slavin still did not see how the information had bearing on the parking variance decision. Mr. Newbold noted that the burden of proof of hardship was still with the applicant. The extension of time was granted to him by the CEB to see if he could clear up all the viola- tions; he would then go back.to the CEB, who would make a final decision on how to handle the situation. During the time extension Mr. Aaron was granted, he was to get clearance for the parking requirement and make the necessary corrections to the other violations. Chairman Thompson said if the Board votes to grant the request, Mr. Aaron still has to meet the other City requirements; if the Board denies the request, he has to forget about everything. Mr. Aaron interjected that the report stated there were two parking spaces, but there were actually six spaces. He added - 3 - ~ ~ ~ ~ MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA DECEMBER 8, 1986 that he is willing to make the additional changes to come into compliance with the City. Chairman Thompson stated that the information given to the Board says there are two spaces. Mr. Newbold explained that based on the City's requirements, only two parking spaces can legally be put on the property. The rest of the area Mr. Aaron referred to was actually the right-of-way. Chairman Thompson added that two other parking spaces belonged to the other businesses. Mr. Uleck told Mr. Aaron that he had been in violation for 2i years. Mr. Aaron replied that he was unaware that he was in violation. Mr. Uleck responded that as an owner he was responsible to the tenants and he was responsible to find out the requirements of property owners. Further discussion followed. In response to Mr. Gordon's inquiry, Mr. 'Newbold stated that the Church does not yet have the Certificate of Occupancy. Chairman Thompson asked if anyone wished to speak in favor of granting the variance. Ida Driver, Pastor of Jesus In "Action Church, explained that she did not know all the City procedures when her Church began renting Mr. Aaron's property. When the Church, previously located on 10th Avenue, was begun, they tried to follow pro- cedures as best they knew how. She added that the Church is trying to come into compliance as quickly as possible, but it does take time. She felt the Church was doing a great service to a community that had many crime and drug problems, and hoped it would not be uprooted from that location. Mr. Eney asked Pastor Driver how many people used cars to attend the Church. She answered that the Church has a car- pool and uses a van to pick up members; normally there are very few cars there. Mr. Eney believed the Board should stick to the issue of parking; Mr. Uleck argued that the other violations should be taken into consideration. ~ Chairman Thompson responded that the issue was parking; if the variance was granted, it would be up to the Building Department to enforce the other violations. He added that it was impossible to add 10 more parking spaces to the property. Chairman Thompson asked if anyone else wished to speak in favor of granting the variance. There was no response. Chairman Thompson asked if anyone wished to speak against the granting of the variance. - 4 - MINUTES - BOA~D OF ADJUSTMENT BOYNTON BEACH, FLORIDA DECEMBER 8, 1986 Don Biesendorfer, owner of the property at 1120 N. Federal Highway, asked if an occupational license was needed by the Church. Mr. Newbold again explained that religious organi- zations are exempt from occupational licenses, but have to go through the same procedure to obtain a Certificate of Occupancy. Mr. Biesendorfer wondered how the Church had been operating without a Certificate of Occupancy. He also thought the property in question was inadequate for the needs of the Church and additional parking spaces were impossible. Mr. Biesendorfer remarked that he could see granting a variance if there were 10 spaces and an additional 2 were needed, but not if there were 2 spaces with an additional 10 needed. Mr. Biesendorfer told Mr. Eney that the Church parking situation did not effect his property, because they mainly operate during hours when he is not there. Chairman Thompson asked if anyone else wished to speak against the granting of the variance. There was no response. Mr. Gordon read the following correspondence: 1. The Alpine Seven Company, Inc., doing business as Alpine Florist, 1112 N. Federal Highway, by letter dated November 20, 1986, wrote that they had no objections to the granting of the variance requested. The company commented that most nearby businesses are closed when services are held and felt none would object to their parking areas being utilized. Mr. Slavin was reminded of a similiar case several years ago where a restaurant needed more parking space; a letter was written by the bank across the street giving permission to use their parking spaces after banking hours. Mr. Uleck said the parking spaces had to be on their property. Mr. Mearns read from the excerpts of the CEB minutes that the parking spaces must belong to the property owners and must be within 100 feet of ~he property. Chairman Thompson asked about the occupants renting parking spaces across the street. Mr. Newbold advised that the City recently adopted a new Ordinance that talks about shared parking. He said the renting of parking spaces was certainly a possibility. Bud Howell, Building Official, clarified that shared parking was permissible, but it must be on the same piece of property. Mr. Mearns asked what would happen if the variance was given. and the owner decided to sell the property. Chairman Thompson - 5 - '-' ...., . MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA , DECEMBER 8, 1986 said a stipulation could be placed on the variance that upon termination of Church activities, the original parking requirements would revert to the property. Chairman Thompson asked the time and frequency of Church services; Pastor Driver answered there were services Sunday at noon and in the evening, and any services during the week were held at night. Motion Mr. Uleck made a motion to DENY the request. The motion was seconded by Mr. Mearns. Chairman Thompson stated that "Aye" would be in favor of the motion to DENY the request. He said three negative votes would deny the request and five votes in favor would be required to approve the request. A roll call vote was taken on the motion as follows: Mr. Mearns Mr. Uleck Chairman Thompson Mr. Gordon Mr. Slavin Mr. Eney Aye Aye Nay Nay Nay Nay The vote was 2-4. Chairman Thompson stated that the request had been DENIED. THE BOARD TOOK A FIVE MINUTE BREAK AT 7:50 P.M. THE MEETING RESUMED AT 7:55 P.M. Case #111 Applicant/ Owner: Max Schorr, Trustee Agent: Roy O. Barden Request: Relief from Appendix A-Zoning, Section 7-C requirement of a minimum of 25 contiguous acres for a planned industrial district to be reduced to 10:841 acres. Location: S.w. corner of Miner Road and High Ridge Road Legal Description: See Addendum nAn attached to the original minutes in the City Clerk's Office. Mr. Gordon read the application for Case #111 and the responses to the six questions in paragraph 5. - 6 - MINUTES-BOARD' OF ADJUSTMENT BOYNTON BEACH, FLORIDA DECEMBER 8, 1986 Roy Barden, a landscape architect from Lantana, representing Max Schorr, stated that this was a hardship situation in which the owner's property is abutting a large industrial district; the owner wishes to develop his property in the same fashion, but cannot proceed unless the Board grants a variance to the 25 acre requirement. Mr. Barden stated that the case is a hardship because single family homes would be hard to sell across from an industrial area. Mr. Barden showed the Board a drawing of the 10 acre parcel and showed the surrounding areas that are Industrial in zoning and land use. He pointed out various buildings and roads on the drawing. He showed areas that have future industrial usage, according to the City's Comprehensive Plan. Mr. Barden said that if the variance was denied, the owners would be forced to build single family homes across from the industrial buildings. Chairman Thompson asked what was to the west of the property in question and how it was zoned. Tim Cannon, Senior city Planner, advised that this property is unincorporated and is zoned Residential (Single Family) by Palm Beach County. Mr. Cannon commented that when "that property is annexed, it is anticipated that it will be annexed into a PID zoning district. Further to the west is the Boynton Beach Park of Commerce, which is also a PID. Mr. Uleck asked if Mr. Cannon said that property to the west was owned by the County. Mr. Cannon replied that is was zoned R.S. (Single Family) by the County. Mr. Barden added that it is a privately owned piece of property; and he repeated that it is unincorporated, zoned Residential by the County, and planned to be annexed and zoned Industrial by the City. When the owners agree to submit an application for annexation, the County and the City will readily approve it. Mr. Barden said that the City has already begun to show that unincorporated property in its Comprehensive Land Use Plan as Light Industrial. Mr. Uleck asked what would happen if the City decided to execute the zoning R-lAA or R-lAAA; Mr. Barden replied that they would violate the Land Use Plan. Mr. Uleck asked what would happen if the owner or developer wanted a different zoning; Mr. Barden answered the City could initiate an Industrial rezoning based on the Comprehensive Plan to prevent single family homes from being built in an area planned by the City to be a center for Light Industrial uses. Mr. Uleck thought the people of the City should be able to decide how they wanted the property zoned. He favored a - 7 - ~ ~ MINUTES-BOARD' OF ADJUSTMENT BOYNTON BEACH, FLORIDA DECEMBER 8, 1986 Residential zoning, saying there is too much Commercial and Industrial in the City now. Mr. Cannon wished to clarify that the Land Use Plan is adopted by the City Council. The Council, by law, is supposed to adopt the Comprehensive Plan, including the Land Use Plan, and all development in the City should be consistent with the Land Use Plan. The Comprehensive Plan specifically states that this area should develop as a PID',as opposed to conventional Industrial zoning. According to State law, all development in the City should be consistent with the Comprehensive Plan, and any development that is not consistent with the Plan is, supposedly, illegal. Therefore, technically, unless this property is zoned to PID, the applicant could not develop the property. Mr. Cannon imagined the applicant would ask to have the Comprehensive Plan changed so that he could develop it under a M-I zoning. He repeated that th~ Plan specifies that this should be developed as a PID, and that all zoning, site plans and development orders are supposed to be consistent with that recommendation. Mr. Uleck inquired if this 'meant the adjacent land's zoning could never again be changed. .Mr. Cannon answered that zoning and land use can always be changed, but as the Comprehensive Plan stands now, that area should be an Industrial Park under the PID zoning category. Chairman Thompson thought he could understand the City's point of view, but had trouble understanding the applicant's point of view that it was a hardship to have a residential development in this area. He gave the example of Hunters Run, stating that it is one of the most exclusive areas of the City, and yet it has commercial property across from it. Mr. Slavin wondered if the Board had the right to approve the rezoning. to a PID. Mr. Barden answered that the question of zoning was not before the BOA, only the question of waiving the 25 acre minimum requirement. Mr. Slavin wanted to know if a hardship was, in ~act, established and if so, by whom. Chairman Thompson said there were other tracts of land in that area that were less than the required amount, and he wondered if there would be variances requested on those tracts also. Mr. Cannon responded that this was the only parcel south of the future Miner Road that is under 25 acres. He anticipates that this would be the only variance from the 25 acre requirement that would ever come before the Board. Mr. Uleck asked about the property to the north of the pro- perty in question. Mr. Cannon replied that right now that property is zoned R-lAA. - 8 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLQRIDA DECEMBER 8, 1986 In response to Chairman Thompson's inquiry, Mr. Cannon said the hardship is caused by the City's Comprehensive Plan which recommends that the property to the south of Miner Road be developed as an Industrial Park and by the fact that it must specifically be developed as a PID. He repeated that according to State law, the property must be developed con- sistent with the Comprehensive Plan, which means the property must be developed as a PID or not at all. Mr. Slavin asked why the City did not annex the property first, and bring it under the Comprehensive Plan as a PID. Mr. Cannon explained that the property had to be annexed first, before it could go to the BOA for a variance. It was annexed into R-lAAA as a holding zone, until the applicant could apply for PID zoning and request a variance from the BOA. Mr. Slavin said that meant the hardship had been placed by the City, and asked if that was the case, why must it come to the BOA in the first place. Mr. Slavin added that they should not be concerned with zoning requirements, but just with the piece of property itself. He noted that in both cases tonight the Board was presented with evidence that should not have any bearing on the cases. Mr. Cannon repeated that the property had to be annexed first, before a petition could be made to the BOA. Mr. Slavin asked if the property had been annexed R-1AAA and now relief was being sought from R-1AAA. Mr. Cannon replied that relief was being sought from the 25 acre requirement. Mr. Barden interjected that they are not requesting zoning. He said that the owner has submitted an annexation applica- tion that has been approved, a rezoning application that had been approved by the P&Z Board twice and by the Council on the first reading for PID rezoning. Mr. Barden explained that the property has already been approved for Land Use Amendment, for annexation, and for rezoning by the P&Z Board and the City Council, subject to the final hearing held later this month; but under the City code, before the final rezoning to PID can be approved, the BOA must agree to the variance. Mr. Slavin wanted to know why the Board was not previously notified that previous applications had been made for zoning and annexation. Mr. Barden agreed that was a valid point. City Manager Peter Cheney wished to respond to Mr. Slavin's question. He explained that the act requested is the granting of a variance. The BOA grants variances to zoning - 9 - ,.,. ..., MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA DECEMBER 8, 1986 ordinances on whatever comes before them. One of the requirements of a PID zone is a minimum 25 acres. The tech- nical request before the Board is to grant a variance for that 25 acre requirement. If the variance is granted, then the City Council can legally zone this piece of property PID to be consistent with the surrounding area. City Manager Cheney advised that the PID is consistent with the Comprehensive Plan. In response to Mr. DIeck's question of how it got that way, City Manager Cheney said it got that way through the process of the Planning and Zoning Board and the Mayor and City Council making that recommendation and amending the Comprehensive Plan. Questions were raised during that pro- cess about the 25 acres. City Manager Cheney added it has gotten that way through a complicated procedure and advised that if the Board does not grant the variance, the land can- not be developed as PID. In response to Chairman Thompson's remark about Hunters Run, City Manager Cheney stated that across the street it is industrial, but on the other three sides it is not industrial. He added that this property in question is only a ten acre island as opposed to l, 000 acre"s at Hunters Run. City Manager Cheney concluded by saying the Board is not being asked to rezone, but to grant a variance from the 25 acre minimum requirement. The result will be that the City Council will then be free to make a decision on zoning. Chairman Thompson asked if anyone wished to speak in favor of granting the variance. Max Schorr, 2505 S. Ocean Blvd., Palm Beach, Florida, said he was glad it was clarified that rezoning is not what was being requested. He added that the rezoning issue had already been considered by the Zoning Board and the city Council. Mr. Schorr stated they were before the Board because they had a hardship. He said the property was an island surrounded by industrial property. He, too, commented that the Board's only decision was whether to waive the 25 acre requirement. Chairman Thompson said that the Board understood the issue, but there was still the question of hardship to be resolved. Mr. Schorr noted that there had been no objections to any of their applications thus far. Mr. Schorr, in response to comments by Chairman Thompson, said that the residential area behind his property was to be annexed by the City and zoned PID. Mr. Schorr said there was no possible way to build - 10 - MINUTES-BOARD 'OF ADJUSTMENT BOYNTON BEACH, FLORIDA DECEMBER 8, 1986 residences on this property; no one would want to live in an industrial area. Mr. Schorr stated that if the variance were denied, the property could not be used at all. Chairman Thompson asked if there was anyone else who wished to speak in favor of granting the variance. There was no response. Mr. Gordon stated that there were no communications on this case. Chairman Thompson asked if there was anyone who wished to speak against the granting of the variance. Lynn Huckle, 656 Castilla Lane, stated that as a member of the Planning and Zoning Board, she voted against this variance. Mrs. Huckle wished to point out a factor ,that had not yet been mentioned. Mrs. Huckle said that the property did not have an either/or situation; it was not a matter of Residential or PID. The property is in a holding Residential zone now, while requesting a variance to waive the 25 acre minimum requirement for a PID, not leaving them out of the prospect of developing the land industrially. She pointed out that a PID is completely different from developing the land as a 10 acre industrial piece. She added there are several tracts of land in that area developed that way; they are classified M-l. Mrs. Huckle conceded that these tracts may not be as well planned, and she realized the City would like the area to be very well planned. She believed, however, that PID zoning was set up with a 25 acre minimum for a good reason--so there would be room for buffers, setbacks, and adequate roads. The 25 acre requirement was decided upon on purpose, so the land could be developed properly. Mrs. Huckle repeated that the property could be developed under the Comprehensive Plan industrially, not as a PID necessarily, but industrially. Mrs. Huckle elaborated on what a 10 acre piece of property not controlled by PID would look like. She said it would be a small industrial park or set of buildings. Anything 10 acres or less would have to have roads, so that would leave the property with about 8 acres. Mrs. Huckle questioned what possible blight 8 acres could be in this great industrial expanse. Mrs. Huckle said that she voted against the variance in order to preserve the integrity of the new ordinance. She added that no one is asking the property owner to build homes there; the Residential zoning is a holding zone until it is rezoned - 11 - -' ~ ,j MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA DECEMBER 8, 1986 by the City. Mrs. Huckle conceded that both the Planning Department and the City had good reasons for their recommen- dations, but she believed the ordinance should be upheld unless a hardship could really be shown. She did not believe that piece of M-l would ruin the integrity of the surrounding, larger pieces of property in that area. Chairman Thompson asked if there was anyone else who would like to speak against the granting of the variance. There was no response. Chairman Thompson inquired as to the original plan for the land in that area. Mr. Cannon said that the Comprehensive Plan, including the future Land Use Plan, which will have the final hearing later this month, envisions this entire area developing as an Industrial Office Park. Chairman Thompson was not asking about the Plan now, he wanted to know if the original Plan showed all the land in the area being brought under PID zoning. Mr. Cannon said originally all the land shown in the gray area on the map west of High Ridge Road was anticipated to be developed as Residential. This included the piece of property in question. M-l zoning has existed for some time to the east of High Ridge Road. In response to Chairman Thompson's question, Mr. Cannon said the area in gray would be developed in three or four unified Industrial Office Parks, and eventually all the'property in the gray area would be subdivided into parcels. Chairman Thompson asked if the City would safeguard against parcels that are too small, so the PID would be as the City hoped to see it. He asked if it was the plan of the City to keep the property in large lots. Mr. Cannon said that this land would be the only variance request; it was a highly unusual situation. City Manager Cheney thought Chairman Thompson might be asking if some of the land will be sold in lots of less than 25 acres. He clarified that the ~equirement is that the zone be at least 25 acres in PID. When this aYea was zoned, it was, and still is, owned by one property owner. The entire 600 acres was zoned as PID, but that does not prevent the land from being sold in lots of less than 25 acres. The subdivision plan will have lots, some of which may be as small as 5 acres. The zone and the Master Plan are integrated to one overall Master Plan, but some lots may be less than 25 acres. There will be other smaller than 25 acre lots, but never another zoning decision made for a piece of land less than 25 acres except for this variance tonight. The rest of the land other than this one piece, is owned by one person. - 12 - " MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA DECEMBER 8, 1986 Mr. Eney commented that it seems the Board was not informed of a lot of the facts that were brought out tonight and won- dered why this information was not incorporated along with the application. Mr. Slavin was glad City Manager Cheney brought out the fact the property would be subdivided. He still wondered if anyone would come in for variances in the future on the subdivided land. City Manager Cheney advised that there was no likelihood of this. There was more discussion of PID versus M-l. Motion Mr. Uleck moved to DENY the variance waiving the 25 acre minimum requirement on the property in question. Mr. Eney seconded the motion. Chairman Thompson stated the motion was to DENY the request. Mr. Slavin asked if there would be legal grounds for an appeal if the motion passed due to the fact that there was not a seven man Board; Chairman Thompson answered negatively and said the vote was not based on a majority vote. There was further discussion as to voting "Aye" versus voting "Nay." A roll call vote was taken on the motion: Mr. Eney Mr. Slavin Mr. Gordon Chairman Thompson Mr. Uleck Mr. Mearns Aye Nay Nay Nay Aye Aye Chairman Thompson stated that the request for a variance was DENIED on the 3-3 vote. ADJOURNMENT Mr. Gordon moved to adjourn, and the motion was seconded by Mr. Mearns. There being no further business to come before the Board, the meeting .was adjourned at 9:10 P.M. 1\<, nClLt U)(iJ-J..{'c~ Linda Warlick Recording Secretary (Two Tapes) - 13 - ;:t/yt('.,~ ORDINANCE NO. g 6, -5tL- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA AJ1ENDING ORDINANCE NO. 79-24 OF SAID CITY BY Al1ENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY N1ENDING THE LAND USE DESIGNATION OF A CERTAIN PARCEL WHICH IS MORE PARTICULARLY DESCRIBED HEREIN; SAID LAND USE DESIGNATION IS BEING CHAtlGED FROM LOW DENSITY RESIDENTIAL TO INDUSTRIAL; AMENDING ANY 11APS ADOPTED IN ACCORDANCE WITH THE LAND USE ELEMENT OF THE CO}WREHENSIVE PLAN ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City Council of the City of Boynton Beach, Florida, has adopted a Comprehensive Land Use Plan and as part of said Plan, a Land Use Element by Ordinance No. 79-24, in accordance with the Local Government Comprehensive Planning Act; and 'iHEREAS, the procedure for amendment of a Land Use Element of a Comprehensive Plan as set forth in Section 163.3184, Florida Statutes, has been followed; and WHEREAS, after public hearing and study, the City Council deems it in the best interests of the inhabitants of said City to amend the aforesaid Land Use Element of the Comprehensive Plan as adopted by the City herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1: That Ordinance No. 79-24 of the City is hereby amended to reflect that the Land Use of the following des- cribed land is hereby changed from Low Density Residential to Industrial. Said parcel of land is more particularly described as follows: See attached Exhibit "A" Section 2: That any maps adopted in accordance with the Land Use Element of said Comprehensive Plan shall be amended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5: This Ordinance shall become effective immediately upon passage. ~ll~ FIRST READING this _~ay of !Yove.-rn be,!'- , 1986 SECOND READING and FINAL PASSAGE this J~~day of , 1986. CITY OF BOYNTON BEACH, FLORIDA ATTEST: /k! ~t"~"~~'- , OR ~$~~~W"A.J VICE MA~ ~~ o IL ME}1~ER - I " // ,;7. , '..t--, /' ' I 'r c~, C j, ' . :fA .;{ <, 1/ c L //, /11' 'L'/{~{{/ C UNCIL MEMBER ':/ WfJ~ CITY CL , (SEAL) EXHIBIT "A" DESCRIPTION OF PARCEL HIGH RIDGE CENTER A parcel of land in Government Lot 1, Section 17, Township 45 South, Range 43 East, County of Palm Beach, State of Florida, more particularly described as follows: Beginning at the Northeast corner of Section 17, Township 45 South, Range 43 East; (beginning point also being the northeast corner of Government Lot 1); thence running South 01021'38" East, along the East line of said Section 17 and Government Lot 1, a distance of 1311.10 feet to a point on the north corporation line of Boynton Beach (as referred to in Official Record Book 1804, page 225), thence running South 88038'41" West, along said North corporation line a distance of 413.43 feet to a point; thence running North 00012'57" West, a distance of 1310.76 feet to a point on the North line of said Section 17 and Government Lot 1; thence running North 88033'21" East, along said North line, a distance of 387.04 feet to the Point of Beginning. IIg. Justification Statement This 10.84 acre parcel of land is currently zoned for single family development under the City of Boynton Beach R-IAAA classification. Annexation to Boynton Beach was approved in September, 1986, and the property was automatically rezoned to the nearest comparable City classification (RI-AAA). Residential zoning would allow construction of about 2.75 family houses per gross acre, or 28 units. However, development of this area of Boynton Beach has been designated industrial by the City's Comprehensive Plan. Therefore, residential development is incompatible with the City's long range land use plan. It is also incompatible with recent rezoning of adjacent properties to Planned Industrial Development (PID) or new warehouse/office construction across High Ridge Road from this parcel, on property zoned M-l Industrial. Approximately 600 acres have been designated industrial by the City in this area by rezoning of the following projects: Name Boynton Beach Park of Commerce High Ridge Commerce Park Boynton Distribution Center Acres 539 20 40 599 Therefore, this application seeks a more compatible land use designation and zoning classification M-l Industrial for the 10.84 acre parcel. Development as an M-l Industrial District will allow construction of approximately 182,080 square feet of light industrial buildings over an estimated ten year buildout period. There will be from one to four plats based upon market conditions in 1986 and 1987. / l' ' .. JO, ."r"'" .<" MEt10RP,NDUM 28 April 1986 TO: Betty S. Baroni Ci ty Cl et-k FROM: Timothy P. Cannon Senior- City Planner R~' Advertisements for the following Land Use Amendment and Rezoning Applications The PCD Center The High Ridge Center Steven Rhodes Harol d t1Jenal Attached to this memorandum you will find advertisements for the four above-referenced land use amendment/rezoning applications. The schedule for- the advertising of these public hearings is as fQllo~'>Is: The peD Center and The High Ridge Center ~Qti~g_iQ_~~CCQunQiQg E:CQ~gct~_Q~QgC~ May 2~ 1986 ~g~~~~~~C_6Q~~cti~~~~Q~ May 21, May 28~ June 12, 1986 1986 1986 Steven Rhodes and Harol d Wenal ~Q~i~~_~Q_~~CCQ~mdiQg E:CQ~~C~~_Q~Q~CE May co oJ, 1986 ~~~EQe~~C_6Q~~cii2g~gQ~ ....,.~.....>.: May 22, May 29~ June 12~ 1986 1986 1986 ., The attached advertisements are to be use both for the notification to surrounding property owners and fOr the newspaper advertisements. The newspaper advertisements are to be placed in the "Loc al News" sect i on of the Pal in Beach E:Q~!:.~ It "Joul d be permi ssi b Ie for either you or the newspaper to retype the adYertisements~ provided~ however~ the headlines are no less than 18 point letter size~ and the entire advertisement occupies no less than one-quart~; of page. ~Z~--_ :r('~~ . Cannon ~~>o(. cc: Carmen Annunziato James Golden NOTICE OF' LAND USE" CHANGE" NOTICE" OF ZONING CHANGE The city of Boynton Beach proposes to change the use of land and rezone the land within the area shown in the map in this advertisement. A public hearing on these proposals will be held before the Planning and Zoning Board on June 4, 1986, at 7:30 p.m. at Boynton Beach City Hall, 120 East Boynton Beach Boulevard, Boynton Beach Florida. A public hearing on these proposals will also be held before the City Council on June 17, 1986, at 8:00 p.m. or as soon thereafter as the agenda permits, at Boynton Beach City Hall, 120 East Boynton Beach Boulevard, Boynton Beach, Florida. A -..I -=c "'= -=c <..> APPLICATION NO. 1 APPLICANT: City of Boynton Beach. AGENT: Steven W. Deutsch, Trustee. OWNER: City of Boynton Beach. PROJECT NAME: The PCD Center. PROPOSED USE: 13.03 acre office development. LOCATION: Southwest corner, N.W. 22nd Avenue and Interstate 95. REQUEST: AMEND THE FUTURE LAND USE PLAN CONTAINED IN THE COMPREHENSIVE PLAN From - Recreational To - Office Commercial REZONE From - REC Recreation To - PCD Planned Commercial Development APPLICATION No. 2 APPLICANT: Max Schorr, Trustee. AGENT: Roy Barden. OWNER: Max Schorr, Trustee. PROJECT NAME: The High Ridge Center. PROPOSED USE: 10.45 acre light industrial/warehouse development LOCATION: Southwest corner, High Ridge Road and Miner Road extension. REQUEST: AMEND THE FUTURE LAND USE PLAN CONTAINED IN THE COMPREHENSIVE PLAN From - Low Density Residential "To - Industrial REZONE From - R-1AAA Single Family Residential To - PID Planned Industrial Development All interested parties are notified to appear at said hearings in person or by attorney and be heard. Any person who decides to appeal any decision of the Planning & Zoning Board or City Council with respect to any matter considered at these meetings 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. BETTY S. BORONI, CITY CLERK CITY OF BOYNTON BEACH, FLORIDA NOTICE OF LAND .USE CHANGE NOTICE OF ZONING CHANGE The City of Boynton Beach proposes to change the use of land and rezone the land within the area shown in the map in this advertisement. A public hearing on these proposals will be held before the Planning and Zoning Board on June 5, 1986, at 7:30 p.m. at Boynton Beach City Hall, 120 East Boynton Beach Boulevard, Boynton Beach Florida. A public hearing on these proposals will also be held before the City Council on June l7, 1986, at 8:00 p.m. or as soon thereafter as the agenda permits, at Boynton Beach City Hall, 120 East Boynton Beac~ Boulevard, Boynton Beach, Florida. J OLD BOYNTON ROAD ION APPLlC NO.2 APPLICANT: . 'j APPLICATION NO.1 ( ~ Steven Rhodes, D.R. Associates. .' AGENT: Kevin McGinley, Land Research Management~ Inc OWNER: R. Marshall & Gretchen Brown, James W. & Joanne Hart, Frances A. & Mildred Astorino and Dominic Palombo. PROJECT NAME: Cross Creek Centre PROPOSED USE: 20,000 square feet of retail floor area and 15,000 square feet of office floor area on a 3.97 acre site. LOCATION: North side of Boynton Beach Boulevard, approximately 800 feet east of Congress Avenue. REQUEST: AMEND THE FUTURE LAND USE PLAN CONTAINED IN THE COMPREHENSIVE PLAN From ~ High Density Residential To - Local Retail Commercial REZONE From - R~3 Multiple Family Dwelling To - PCD Planned Commercial Development APPLICATION NO. 2 APPLICANT: Harold S. Wenal, Trustee. AGENT: Edward Duggan. OWNER: Montgomery Ward Development Corporation. PROJECT NAME: Boynton West Plaza. PROPOSED USE: Stormwater retention area, occupying 1.88 acres, for proposed commercial development which will lie to the west of Hoadley Road. LOCATION: South end of Hoadley Road, on east side, approximately 200 feet north of Boynton Beach Boulevard, 800 feet south of Old Boynton Road, and 650 feet east of Congress Avenue. REQUEST: AMEND THE FUTURE LAND USE PLAN CONTAINED IN THE COMPREHENSIVE PLAN From - Moderate Density Residential To - Local Retail Commercial REZONE From - R-lAA To - C-3 Community Commercial All interested parties are notified to appear at said hearings in person or by attorney and be heard. Any person who decides to appeal any decision of the Planning & Zoning Board or City Council with respect to any matter considered at these meetings 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. BETTY S. BORONI, CITY CLERK CITY OF BOYNTON BEACH, FLORIDA MEMORANDUM April 15, 1986 TO: Betty S. Boroni, City Clerk FROM: James J. Golden, Assistant City Planner RE: Request for a text amendment to the Comprehensive Plan and five (5) requests for Land Use Amendment/Rezoning Accompanying this memo you will find a copy of the application and supporting documents for the following requests: 1. Request submitted by Rick Rossi, agent for Elsie Winchester, property owner, for a text amendment to the Comprehensive Plan to provide for a Railroad crossing over the Seaboard Airline tracks between Ocean Avenue and Woolbright Road. 2. Request for Land Use Amendment/Rezoning submitted by Kieran J. Kilday, agent for Tradewinds Development Corporation, property owner and trustee (Shops of Woolbright PCD). 3. Request for Land Use Amendment/Rezoning submitted by Kevin McGinley, agent for Steve Rhodes, trustee (project name undecided) . 4. Request for Land Use Amendment/Rezoning submitted by Edward Duggan, agent for Harold S. Wenal, trustee (Boynton West Plaza). 5. Request for Land Use Amendment/Rezoning submitted by Steven W. Deutsch, agent and trustee for the City of Boynton Beach, property owner (the PCD Center). 6. Request for Land Use Amendment/Rezoning submitted by Roy Barden, agent for Max Schorr, trustee (The High Ridge Center). The application fees submitted to the Planning Department for these requests have been forwarded to the Finance Department for processing. It is my understanding that copies of the checks are to be forwarded to your office. Page Two. In reference to item # 2 above, the Shoppes of Woolbright PCD, please be advised that a warranty deed is being prepared to reflect the purchase of the property adjacent to the Seaboard Airline Railroad by the Tradewinds Development Corporation. This property was formerly owned by the Seaboard Airline Railroad. The warranty deed will be forwarded to your office by May 1, 1986. In reference to item # 4 above, Boynton West Plaza, please be advised that the applicant is to submit a proper affidavit for the property owners list and a letter authorizing the agent within 1-2 days. Copies of these documents will be forwarded to your office upon submission to the Planning Department. A schedule which includes a listing of the dates for the public hearings before the Planning and Zoning Board and City Council will be forwarded to your office in the near future. !~~ j. );.yi^"- !James 'a. Golden ~ ' flat Encl. l, \ , \ \ AFFIDAVIT '-...,: STATE OF Florida SS COUNTY OF PALM BEACH Before me, the undersigned authority personally appeared Roy Barden, RLA/AICP , who being by me first duly sworn, on oath deposes and says: 1. That he obtained from the Palm Beach County Tax Assessor the attached list of property owners within 400 feet of the follow- ing described property: A 10.84 acre parcel of land on High Ridge Road which is part of Old Government Lot I, Section 17, Township 45 South, Range 43 East in Palm Beach County. See the attached legal sketch and description. 2. That he certifies that to the best of his knowledge and belief, the attached list is true and correct Sworn to and subscribed before me this SI.s;;C day of J1(~, 1986 ~~~- ~~ k~tary ~lic, State of Florida at Large NOTARY PU5LIC STATE OF FL~RiD~ My Commission Expires: Ml' CO~HI~~rON (r.~. I,pq Itj,I~88 BO~ED THRU GENERAL l~S. UNO. :), _,~~;;; '."<- .;-~. .~. -0:.'';--. The City of Boynton Beach proposes to change the use of land and rezone the land within the area shown in the map in this advertisement. A public hearing on these proposals will be held before the Planning and Zoning Board on June 4, 1976, at 7:30 p.m. at Boynton Beach City Hall, 120 East Boynton Beach Boulevard, Boynton Beach Florida. A public hearing on these proposals will also be held before the City Counci on June 17, 1986, at 8:00 p.m. or as soon thereafter as the agenda permits, at Boynton Beach City Hall, 120 East Boynton Beach Boulevard, Boynton Beach, Floridc @jjI A PLlCATI NO.2 \ru_: -.J o:c O!O o:c u '<t" I ...., c:r:: ~ z C> u APPLICATION NO. 1 APPLICANT: City of Boynton Beach. AGENT: Steven W. Deutsch, Trustee. OWNER: City of Boynton Beach. PROJECT NAME: The PCD Center. PROPOSED USE: 13.03 acre office development. LOCATION: Southwest corner, N.W. 22nd Avenue and Interstate 95. REQUEST: AMEND THE FUTURE LAND USE PLAN CONTAINED IN THE COMPREHENSIVE PLAN From - Recreational To - Office Commercial REZONE From - REC Recreation To - PCD Planned Commercial Development APPLICATION No. 2 APPLICANT: Max Schorr, Trustee. AGENT: Roy Barden. OWNER: Max Schorr, Trustee. PROJECT NAME: The High Ridge Center. PROPOSED USE: 10.45 acre lignt industrial/warehouse developmemt. LOCATION: Southwest corner, High Ridge Road and Miner Road extension. REQUEST: AMEND THE FUTURE LAND USE PLAN CONTAINED IN THE COMPREHENSIVE PLAN From - Low Density Residential To - Industrial REZONE From - R-1AA Single Family Residential To - PID Planned Industrial Development All interested parties are notified to appear at said hearings in person OJ by attorney and be heard. Any person who decides to appeal any decision of the Planning & Zoning Board or City Council with respect to any matter considered a1 these meetings 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. -- BETTY S. BORONI, CITY CLERK CITY OF BOYNTON BEACH, FLORIDA .-\ {-i" r: ,.'-; -~ , C:. i !_.' :. . ; ~ ....L ' , '1! ,j .....i :". ,i -. T,-; ::-i.!.. Ii _: ~ ! _. _.. .!. L ~ '..._ !_~. " ....i J._ : i .::~~.; -. Cl - ; ':::. . {-=.( ".:', '7:"'!-i.j' ..- ( . ~ f-: L~ L ',! i ...:'-! j -_. :!-:-- i ~. r- _ .=..,1 ! ~j ~;- c! _;_ .::, ~..! i.:.:': ..-' .~:) '-. ~ . .:.';, -1 i ~ 1 r ..Jr -1 ~ ._. i '-.' . :'.J , _1. !~I 1 i c: , - r-i (:~~'~::i..r- 2. ;-, c'! .:-..:. I ,- f-" . _:: n D t':' c-:: c: ,-- b e~- ..:- '! [i i~'-: C:.' ill r':i t-= t- -! ,-,f, i .;_ 7.~:-='C' F'l e2, '"" e 31 '::-D be-=", d 'y- i ,=:;,.:o"j t h <0' t t h er- (-? clr- e t \,~C) ,::-pj oj i t i Dr. =,,1 1 ,oF'.j ;..' .-:' e 2rr~2j~dm2nt!~2zonj.ng applj.cations .that must be 2d~ler~iS2d .~- L I~' ~-- -~:. +- =.... i (:1 d ~-!. t _=.-,.~ ---.t h E' ;;.~_p P 1 i Cd. t i l:=;n .::.u.b j""-' it t.:?d tl'.V F'F:.~d t- 'J !1. "Cl i E"'.Z ; I' _ _ _ :.:.- -. - "' '. _'._' ~ -=:i....:.:. ;-.:... c:"..: ,::l..' :-jcj L, lC application ~Lbmit.ted by t_.ec)n0~d Bri~~cc~e (B(~yr~ton Center P13~3) n -rr-: i-:.? :=:c e ..:!. p pI i c: .::t t i cln sill \/0 1 './t? C CJ rnlTIE'r- c i c\ 1 D .;:It"- eel -:=. ~,:,"!h i ':.:: h .=~!'- e u.\ '11:: t='r~ .;. L~ r-- ......- in -:;.i"-E::.::'_", ar-;d t.h'.=.'r.-(.;:.fcjt"-e Cc!.rt bE' .~:i_;j\:.ei-t}.~:;..E.'d irl tt-,E- l~::,c,:.-?.l c:.d\/2r-ti~~'~.,;t=i-!t-=. T~0 10021 ad~~2r.ti~emeI1ts for the Diaz and B~i~;c_ce 22clic2ti~J~3 2y-e .:3. t i.~. ~.:-:" c. h (.~.:, ij -c. 1:J t I-! i s rfi :-:.r1. C)r-' an d i_\ fli . ! r.; E":=:. E' t. I."! 0 7 P r) 1 i C c:!. t ~ C!;'; S ..:.:;."-: C:".J ], d :-:, -; C' ,--, ~=, E' .::.-!..j '-", E:' ;.'" t i -:;.E'd f c,r- f (}t_lt- C ()r-I.::; E'C tJ t i \/ e V-J c: E'! . _-' .:.1.~.=. 7:'_:--: ri e;~ C:i t i C'II .3 p~; 1. i c ::::.. too j :::'~. -:::-.. -; n CQ~~OrIT2nC~ ~~ith Chapter 1~~1",()44~ F].D~ida St3tu~eSd i~il1 e!f t!.~~' l=~"~d I...l.~~" ~-::.;CiE-?r! d rn::=:r-, t / t- 0:::' Cln i rll~ .:3.1! d 311 II ,?::. at i on .3.p P 1 i c ~.t i c]r, S r ,;:.?{ €::'r- r- f.::d t..~ .i:! \...';.L:= ri"lE'. T!C}r- .::\rl rJ '.J.ITI sr. c!u.l d be .ad \/ F:t- t i .~.E'cl f Ctt- t t-: Eo [)i~?C= E?fnb E.'t- i L j... l_' ~ 19:::!b [: i t 'y c: e,'-, ,.-: '::: i 1 fL.~.E.t i 'i';J. cc: Ca~men Annunziato Jame5 Golden . ",,-- ~ i~~' ~ ',;e J - :.~tilf; i~ I NOTICE OF LAND USE CHANGE ~__" t . ',' -,~:^:NOTICE' OF ZONING CHANGE ",' .' ." ;~:' Th.e City of Boynto? Beach proposes to change the use of kmd and rezone the land within the are~ .' :~ ,shown In the mop In thIS advertIsement. ,..' . ~,~. A public hearirig 'on these propo~als will be held before the Planning and Zoning Boord on Jun.e 4, ~\:"! 1986, at 7 :30 p.m. at Boynton Beach City Holt, 120 East Boynton Beach Boulevard, Boynton Beach F1onda. ~;'.. . - A public hearing on these proposals will also be held before the City Council on June 17, 1986, at 8:00 p.m. or os soon thereafter os the agenda permits, at Boynton Beach City Hall, 120 East Boynton Beach Bou, ".' levard, Boynton Beach,F~orida. . ~. ..' .~ !~~)'-"" 642448 I' "I ',' ~ 1 . "-,-'1- .~~ : A \! ~,;:j-j.; .... ~ a: ~ ~ ~ '. ,,J ,1> ~. J , . _ . ",""t!ff'j" < 'I' , ..:~ :.-~ '.:-, ~ ~ . ."; t." ., .J.'~'~, ~,,;; ','. ~..~ ~~~.,.~ ~ '~l-:' ~' ...(}~~.- . ~ t ,l!-t . .~, -. ..., -.~ ...... ; ~ APPllCA liON NO.} 1 ~~".~ . : .~:.: ,~',r~.l i. ". '1~'~~\f ~. ': APPLICANT: City of Boynton Beach.. .' '; :,.. r, .;:. '" ......''<':f!i It ;\' ~GENET: Steven fW' Deutsch, trustee. j .,: * '. . ';':., ,~ '. , WN R: City 0 Boynton Beach., :,. ..-.'''-';',\0"-' ,J..,.~.:'".." " -; M ;' PROJECT NAME:~The PCD Center. t'~,.+)j~'~,,::'.,,;j<t l, .' y, .:' ,~ ,,: .,~~~,~~. ;' ,'~~ PROPOSED US~fl~.~ acr. officede~~~~~';'1>,";";:":"",~,~, , ., ,;' ~.~ -', ". .".," '~;;"">:r.: .' ::.lOCATION~ SoUttlwestcomer, N.W. 22i\d Avenue and Intel'State 95:. . ...:.'. .; ";".'" ; , . . .. -I,', . ;~~~',-: ,.,~.:'l.~:;'_;!<;,. 1" "~',... .fl:rYil!.... ?: ."f Y'~'~':,"'~"~" \ ., REQUEST AMENDTH' E FUTURE'LA' N'[)"~!..ti.. F' 'R" eotiona......'. I ' ,~I ~'t'iW1','*'~.',~.:.,,: J-';l~": l~..., I flI€.u~ rom - ecr .;, .,'. ....'... h. " . , '. - 'j" ,'. tt~':'~~..,USE PLAN CO",TAINE.tr-IN;~~~...Office'Cqinme~ial~{:"_' i:~;v~:\.\li:-j~:-:":.~,.,~,y,..{./~.('~,).>::.--, ,../ .! "'-, ~~~, ,..rttE COMPREHENSIVE PLAN ~ ",' ^. :~, .\~ ~~~'1i--~'.1~ '. ,J! "f'l;b < ~. ~l. ;~~.~ ...:(. ~,~. ;.1l~~'~ I. . ~ .' ~.r'r-'" ~""::r !~ .: .-: ,-. . '6 .~~ ~ l~"" ".' \ ~ . . : " ':'< ~". ..I ifff '."...:. "" 'f . ., ~.t;} .,' ""'\.'t:-- ...-;. _~~~" ~ ~,pU-1 ... ".M ~ . }, J RE' rom - REC Recreation ~.~ ": ' "'ff:....." . .', -", . . . :~ ~-::; \;. . 'ti' ';: '. '~. "&11 . "', To ~ PCD PLanned'Comm~;cial Develo,;mentu....+L.:.~.,..,~",' . '" :-i~ ,:~!i '::~~". Tro_, -- APPUCATION NO_/7 i '~:i.t)!, ;~+.-' ,"4l'~'~.:"'; " O' ox Schorr, Trustee. i,' . ,(. /t' J,,~' ,; .,1 . PR 'NAME Th H' h R'd Ct... .",y ~.." ,';. '," ~":, ,',' : e Ig I ge en er. . ~'{" +\ t. '. ,.. PR _. D USE: 10.45 acre light industrial/warehouse deveiopment. - 'Ii 0' ,. L . n,.,~, ',. ,.."SOUthwest corner, High Ridge Road and Miner Road extimsion,.,,;_ ..' ;""" "")':~"~'." R f j~MEND THE FUTURE LAND From - Low DenSity. R8Sidential~':'~~~ '.I' '. '" ~: ~~~.i~~~~~~N T: - lOr:-' 'ft<il i.I~,:Ji, .~, :~rom" R..1AAA Single Family Residential - ',. '.);"'. :,"'F.~.";_ l ~ ,;:.;.': To - PID Planned Industrial Devetopment~,P ,'" , , .. )!Jferested parties are notified to appear at said hearings in person or by ~orney and be heard. Any . ~n who decides to appeal any decision of the Planning & Zoning Board or City Council with respect to i' . ~er ,considered at these meetings will need a record of the proceedings and for such purpose, may n~~' ~sure that a verbatim record of the proceedings is made,.:~!ch record includes the testimony and eVI upon which the appeal is to be based. 1'/1 "" '. . BE~. BORONI, CITY CLERK CITY OF BOYNTON BEACH~ F'lORIDA ,.., PUBflsH: The POST ' , , Ma}/21, 28, 1986 '.,.i..-.l., f€r :rii. ", .,,, :~ ...'~i .lrJ .{~l .i,. . ~ ~ ~. 'L' ~ :/.i . 'j ;. " .. ...! <i'1 JV ,J;' J~I , "- ,,'{ .(....1 ~.' .( ~J ",.J L.. ::J " ,<-. '.Ii .'~1 ;.1 ~ f) .tf .. 1 /.~. 1 ,'C'. l~ :;R 'iJ J . ;'#1.. ~f1 ~~\., I :. .J .'oi... 1/i : ot'i . ... "-\.,. ~:~'''''>',- i~j ,~\ , ~' :r'~1 !B.t " lttl ~ -. 1'1 jli i'f ,k 'J1' ,q ;If ,l~ <.: . " '!-