LEGAL APPROVAL
A F F I D A V I T
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STATE OF FLORIDA
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COUNTY OF PALM BEACH
BEFORE ME THIS.DAY PERSONALLY APPEARED
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, 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
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in conflict herewith be and the same are hereby repealed.
Section 3.
Should any section or provision of this
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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.
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CITY OF .,BOYNTON_~H, FLOR_IDA-
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MEMORANDUM
August 21, 1989
TO: '
Chairman,and Members
Planning and Zoning Board
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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.
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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
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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.
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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
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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).
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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.
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Carmen S. Annun ~ato
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EXHIBIT B
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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.
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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.
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"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)
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"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) .
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"Habitat shall be preserved with intact canopy, understory, and
ground cover." (P-6, 12/16/86 addendum).
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"Discourage noncompatible development in scrub habitat". (P-6,
12/16/86 addendum)
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"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."
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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 :
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(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:
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(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
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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
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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."
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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".
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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.
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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."
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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.
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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:
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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).
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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
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(
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.
(
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10
(
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.'-~-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
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-- -- .......-
- - .....__ _..__ _~r'--__._.-...-.o.-....;.'... ..... __._...._ ___ .... __._____~.....
ZOOK, MOORE
AND ASSOCIATES. INC,
901 Norlhpoinl Parkway, Suile 200
West Palm Beach, Florida 33407 407683-4017
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June 20, 1989
4219T.OO
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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
<=
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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:
--,,.,
......
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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:
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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
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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
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.
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
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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
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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).
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"Discourage noncompatible development in scrub habitat". (P-6,
12/16/86 addendum)
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"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)
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"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:
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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."
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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.
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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:
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(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
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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.
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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.
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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
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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."
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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).
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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.
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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.
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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
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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.
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(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.
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CARMEN S. ANNU~IATO
/bks
cc: cityManager
Technical Review Board
Roy Barden "
central File
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CITY of
BOYNTON BEACH
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200 N. Seacrest Blvd.
Post Office Box 310
Boynton Bea~h, FL 33435
( 3 0 5 ) .7 3 8 -7 4 9 0
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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
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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
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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
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MINUTES-BOARD'OF ADJUSTMENT
BOYNTON BEACH, FLORIDA
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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.
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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 -
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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 -
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.
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 -
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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 -
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...,
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 -
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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 -
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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:
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VICE MA~
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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.
/
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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
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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.
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:r('~~ . Cannon
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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.
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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.
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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.
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!James 'a. Golden
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\ AFFIDAVIT
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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.
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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
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A PLlCATI
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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
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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
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-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'
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CQ~~OrIT2nC~ ~~ith Chapter 1~~1",()44~ F].D~ida St3tu~eSd
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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-
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Ca~men Annunziato
Jame5 Golden
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i~ I NOTICE OF LAND USE CHANGE
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-,~:^: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. .
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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 <
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: " ':'< ~". ..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
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