REVIEW COMMENTS
6.A.l
HIGH RIDGE COMMERCE CENTER
#2 (ZNCV 02-015)
ZONING CODE VARIANCE
Meeting
Date:
File No:
Location:
Agent!
Applicant:
Owner:
Project:
Variance
Request:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 02-290
STAFF REPORT FOR
PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION
December 19,2002
ZNCV 02-015 (vehicle encroachment In landscape buffer)
Southwest HIgh Ridge Road and Miner Road, Boynton Beach, FL.
Winston Lee, ASLA, AICP, Winston Lee & ASSOCIates / Levitt CorporatIon
DaVId and LeIghan RInker.
High RIdge Commerce Center #2.
Request for relIef from the CIty of Boynton Beach Land Development
RegulatIOns, Chapter 7.5, EnvIronmental RegulatIOn, ArtIcle II SectIOn 3, B. 4., to
allow parked vehicles to encroach two (2) feet Into a seven (7) foot landscape
buffer area reqUIred by code for a manufactunng/industnal bUIldIng In a M-1
zoning dIstnct.
BACKGROUND
The site IS located on the southwest comer of High RIdge Road and MIner Road (see ExhibIt "A"
- LocatIOn Map). The applIcant and contract purchaser is concurrently requesting approval of a
SIte plan (NWSP 02-019) to construct two (2) single-story light Industrial / manufactunng
bUIldings, WhICh will total 109,350 square feet on the above-referenced parcel (see Exhibit "B"-
Proposed SIte Plan). IndIVIdual tenants WIthIn each bay may build their own future mezzanIne
area. AccordIng to the SIte plan tabular data, the collective area of future mezzanine areas will
not exceed 30,150 square feet; therefore the total bUIldmg area shall not exceed 139,500 square
feet. A total of 279 parkmg spaces are reqUIred based on one (1) space per 500 square feet of
gross floor area. The number of parkmg spaces prOVIded equals 279 including eIght (8) spaces
deSIgnated for handIcap use. All parkIng spaces WIll be located around the proposed bUIldIngs.
All spaces, except handIcap spaces wIll be dimenSIOned nine feet by eighteen feet (9' x 18').
However, the parking spaces proposed along the eastern landscape buffer are proposed to be mne
feet by sixteen feet (9' x 16') WIth two (2') feet encroachment Into the landscape buffer.
Therefore a variance approval is necessary to allow parked vehIcles to encroach two (2) feet Into
the reqUIred seven (7) foot landscape buffer.
The subject property IS "A" rated (I.e. Ecosystem of high qualIty) In the City's LIstIng of Natural
Resource SItes as documented In the ComprehensIve Plan. The CIty'S ComprehensIve Plan,
PolIcy 1.11.12 states' "The CIty shall continue to enforce existIng development regulatIOns that
proVIde for open space preservation by reqUInng the preservation of 25% of all "A", "B", and
Page 2
High Ridge Commerce Center #2
File No ZNCV 02-015
"c" rated sItes of 1 0 or more acres. These standards shall be placed as the condItIons of approval
for development orders and permits where applicable." (see ExhibIt "c" - ComprehensIve Plan
PolIcy). Furthermore, Land Development RegulatIons Chapter 7.5, EnVIronmental Regulation,
Art IV. SectIOn 6. PreservatIOn of natural resource site states the same reqUIrements (see ExhibIt
"D" Comprehensive Plan LIstIng of Natural Resource SItes).
The follOWIng is a description of the land uses and zonIng deSIgnation of the properties that
surround thIS site:
South:
Miner Road nght-of-way, farther north IS resIdentIal property, In Palm Beach
County zoned SIngle-famIly ResIdentIal (RS);
Quantum Park Lot 88, future townhouse development, zoned Planned Industrial
Development (Pill);
High RIdge Road nght-of-way; farther east IS developed industnal property, zoned
Light Industnal (M-1); and
Undeveloped residentIal property in Palm Beach County zoned Smgle- family
Residential (RS).
North:
East:
West:
ANALYSIS
The code states that the zoning code vanance cannot be approved unless the board finds the
follOWIng:
a. That special conditions and circumstances exist which are peculiar to the land, structure,
or building involved and which are not applicable to other lands, structures or buildings in
the same zoning district.
b That the special conditions and circumstances do not result from the actions of the
applicant.
c. That granting the variance requested will not confer on the applicant any special privilege
that is denied by this ordinance to other lands, buildings, or structures in the same zoning
district.
d. That literal interpretation of the provisions of this ordinance would deprive the applicant of
rights commonly enjoyed by other properties in the same zoning district under the terms of
the ordinance and would work unnecessary and undue hardship on the applicant.
e. That the variance granted is the minimum variance that will make possible the reasonable
use of the land, building, or structure.
f. That the granting of the variance will be in harmony with the general intent and purpose of
this chapter [ordinance) and that such variance will not be injurious to the area involved
or otherwise detrimental to the public welfare.
Staff revIewed the requested vanance fOCUSIng on the applIcant's response to the above cntena
contained In Exhibit "E". Staff concurs with the applIcant's response to cnteria "a "and "b"
Page 3
High Ridge Commerce Center #2
File No ZNCV 02-015
above that there eXIsts special conditIOns peculIar to the subject parcel, namely configuration of
the lot and current City policy and regulations. Staff acknowledges the umque charactenstIcs of
the parcel. The parcells long and narrow In depth. The subject parcel measures approxImately
373 feet long by 1,232 feet wide. The site IS "A" rated In the CIty'S Listing of Natural Resource
Sites of the ComprehensIve Plan, WhICh further lImits maXImum use of this parcel because 25%
of the site (2.64 acres of the 10.394 acres) has to be dedicated for preservation. Further, Staff
recommended the location of the preserve area along the western property lIne of the subject
property as oppose to any other area In an effort to Insure the consolIdatIOn of a umform
conservatIOn/preserve tract when the westerly property, located outSIde of the city lImIt, would be
development in the future. These restnctIOns add more challenges for developing thIS parcel. The
SIte configuratIOn does not leave suffiCIent room to design a bUIldIng that is economIcally
feasible and meets all Land Development RegulatIOns.
The lot layout and the policy and regulatIOns m effect have presented speCial conditIOns and
circumstances, therefore satIsfymg cntenon "b" above. Furthermore, regardless of what uses are
ultimately proposed for the subJ ect property, within the scope of the allowable uses of the M-1
zoning dIstnct, the subject vanance would likely be reqUIred, as the mImmum variance needed to
make possible the reasonable use of the land.
With respect to criteria He" above, which relates to the magnItude and necessity of the vanance,
the subject property has to set-asIde 25% preserve area, which makes a reasonable development
scenario on this parcel challenging. The bUIldIng IS deSIgned to maXImIze the site. The logical
design of the structure on thIS long and shallow lot Includes plaCIng the building centrally on the
lot and closer to High RIdge Road. ThIS locatIOn IS at the eastern portion of the property allOWIng
the preserve area (25% ofthe SIte) to be located along the western portion of the site.
Alternatively, optIOns for elimInatIng parked vehIcle encroachment In the landscape buffer WIth
the least design impacts appears to be limIted to reducing the size of the structure, WhICh would
allow off-setting the parking area by two (2) feet to the west. ThIS optIOn would further increase
the burden on the applIcant to justIfy the cost of development for thIS parcel.
With respect to Impacts on the area, and satIsfymg cntenon "f' above, the vanance would be m
harmony with the general Intent and purpose of the ordmance, whIch IS to prOVIde a VIsual bamer
between the off-street parking and the nght-of -way. AccordIng to the applIcant, the parked
vehicles will only overhang the grass area and that the required landscape buffer plant matenals
will still be prOVIded. It should also be noted that the landscape regulatIOns were recently
amended, In part, to Increase the WIdth of buffers along streets, from five (5) feet to seven (7)
feet. Therefore with the additional two (2) feet of WIdth, adequate buffering will be provided
despIte the proposed vehIcle encroachment.
CONCLUSIONS/RECOMMENDATION
Based on the analysis contaIned herein, staff acknowledges that a hardship condition exits.
Therefore, staff recommends that the requested variance be approved, thereby allowing parked
vehIcles to encroach Into a seven (7) foot landscape buffer area reqUIred by code.
Page 4
High Ridge Commerce Center #2
File No ZNCV 02-015
No condItions of approval are recommended; however, any conditions of approval recommended
by the Planning and Development Board or CIty CommiSSIOn wIll be placed In Exhibit "F"-
Conditions of Approval.
MDAI S:IPlanningISHAREDlWPIPROJECTSIHigh Ridge Commerce All FolderslHigh Ridge Commerce Center #2\ZNCY 02-015 ISTAFF REPORT. doc
Location Map
HIGH RIDGE COMMERCE CENTER #2
EXHIBIT "A"
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KEIINtrrH R CARLSON - ARCHITECT P. A.
HlCH R/lXE COMMERCE CENTER NO. Z
ON! ue!T c:AM1NO "I!.4L. eulT! :..
ISOCA ~TON. IILOlItIOA AA coc>I8'.
...... (~I) ,.. ,'V IIA)( (!*I) 368
HI6/.1 Ili.'Ir::GE AND !"tINE ~ ROADS
eorNrC'N eEAC~ FL~DA
Policy I 11 6
PolIcy I II 7
PolIcy I 11.8
PolIcy 1.11.9
Policy 1 11.10
Policy 1 11.11
-+POliCy I 11.12
EXHIBIT "C"
regulations and performance standards whIch are related to groundwater
protection.
The City shall continue to adopt and enforce regulations to reqUIre percolation
of the first one-half Inch of storm water runoff Into grassy swales or other
landscaped areas, through the enforcement of pertInent regulations, and
reqUIre inlets and catch basIns to be located In grassy swales or other
landscaped areas, except on SItes of less than one-half acre where the
application of thIS reqUIrement would not be reasonable.
The City shall, through the enforcement of pertInent regulations, contInue to
reqUIre that property WhICh has been cleared be seeded and mulched wIthIn 30
days, in order to minImize blowing soil, unless the developer diligently
proceeds with the constructIOn of buildings, infrastructure, or other
improvements to the site
The City shall contInue to adopt and enforce regulatIOns, as well as, new or
revised policies withIn, and revisions to the TransportatIOn Element to require
that development projects include the provision of facilitIes for pedestrian and
bicycle transportatIOn, and mass transportatIOn, wherever practical, In order to
reduce air pollution from automobiles.
The City shall, through the enforcement of pertinent regulations, contInue to
require that, in the event of pnor knowledge of any archaeological site on a
development site, or the dIscovery of archaeological artIfacts during project
construction, the developer shall stop construction in that area and
immediately notify the Division of Archives, History and Records
Management, in the Florida Department of State. Proper protection to the
satisfaction of the dIvision shall be provided by the developer.
The City shall annually request local historical socIeties to review the lists and
maps of historic properties contained in the completed historical survey for
annual additions of eligible properties to these lists and maps. The CIty
Commission shall be allowed to adopt and/or revise the lists and/or maps of
hIstorical properties which are shown in the historic survey and the
Comprehensive Plan, by resolution for recordIng with the state
By 2002, the CIty shall prepare and adopt a hIstoric preservatIon ordinance to
implement the recommendations of the Historic Site Survey
The City shall contInue to enforce existing development regulations that
provide for open space preservation by requiring the preservatIon of 25% of
all "A", "B", and "C" rated SItes of 10 or more acres These standards shall be
placed as the condItions of approval for development orders and permits
where applicable
City of Boynton Beach
EAR-based Comprehensive Plan
Amendments 00-1 ER
1-10
Date June 20, 2000
Future Land Use Element
Ordmance No 00-29
EXHIBIT "0"
Table 2. Listing of Boynton Beach Natural Resource Sites
Site
#
1
2
3
-+ 4.a.*
4.b.
4.c.
Geographic Area in Summary
Location Acres Evaluation
43-45-08-1 88.6 B
43-45-08-2
43-45-07-1
43-45-17-1
43-45-16-3
43-45-20-2
5*
43-45-16-2
6*
43-45-16-5
43-45-21-1
7*
8
43-45-20-1
9
43-45-20-4
29.7
52.4
141.8
40.1
19.0
9.6
11.2
6.2
A?
10
11
12*
43-45-30-1 21.6 D
43-45-20-5 17.1 D
43-45-29-1 ~~ A
13*
43-45-32-1, -2,~ A
14*
43-45-32-3
43-46-05-1
15*
16
43-45-31-1
43-45-31-2
43-45-30-2
17
18
continued ...
24.1
7.0
22.4
17.6
17.4
x
X
A
Annotation
Pine Flatwoods and disturbed PF; pond with emergent
vegetation. East of High Ridge Country Club. Lift Station
#717 is located here.
Residential development in progress.
Cleared.
Florida Scrub. County Site "Eco-87 Quantum NE Scrub".
West of Highridge Rd.; Part of the site is in the Quantum
Park DR! development Portions in Boynton Beach and
County.
Disturbed Florida Scrub corridor. County site "Eco-36
Quantum RR-I95 Route".
Restricted access. South portion of Quantum DRI
development
Florida Scrub. County site "Ec0-36 Quantum High Risk".
Part of Quantum Park development both east and west of
Highridge Rd.; road clearing and development in progress.
Composite of Quantum sites total 9 listed endangered
species.
Florida Scrub with disturbed border. County site "Eco- 34, \
Rolling Green Scrub". Endangered species total 8.
Florida Scrub. County site. "Eco-32, Galaxy Scrub".
Endangered species total 9.
Florida Scrub site with scrub oaks of shrub and small tree
size disturbed by trails and disturbed borders along RR and
1-95 rights-of-way. County site "Eco-32 Industrial
Scrub".
Dense stand of Melaleuca (Melaleuca quinquenervia),
Australian pine (Casuarina equiselifolia), and Brazilian
pepper (Schinus terebinthifolius), and area of grassy and
ruderal species.
A mix of Melaleuca and other exotics.
Fonner Pine Flatwoods now crowded with weeds.
3 parcels. Disturbed Pine Flatwoods, Florida Scrub, and
open grassy with ruderal species. Corridor, western border
of 1- 95. Eco-31 Boynton 7th St Scrub right of way. ~
text narrative for additional infonnation.
South of Woolbri~ht Road. Pine Flatwoods and open
grassy; disturbed by previous clearing at ground level and
entry of ruderal species. County site "Ec0-70 N 195-RR 23
Rd Corridor". No on-site visit Endangered species total 1.
A continuation of site #13. County site "Ec0-70 S I95-RR
23 Rd Corridor". No on-site visit
Small disturbed Pine Flatwoods ecotone with Florida
Scrub. Caloosa Park. Cited for preservation due to location
within a public park.
Disturbed Pine Flatwoods with exotic weeds. Seen only
from Congress Ave.
Already Developed.
Already Developed.
A
A
A
A
B
D
A
B
C
X
X
-23-
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EXHIBIT "0"
CITY OF BOYNTON BEACH
L E Ii END
IL]- NATURAl. RESOURCE AREAS
22 - NATURAl RESOURCE
REFERENCE NUMBER
. - A & B RArEO SITES
IN PUBLIC OWNERSHIP
Soosoo: '-Y cI eaosysl8mS '" Palm
Ileod> County. Ph.i.. III R"I>Ort.
'-son and AusOn. July ,gas.
Wall. H. Koller .... Inc.
~r~~by~ ~aOl
,-"",. S"",...- 1988.
-25-
WALTBl H. KEl...l.fil .Jl.. D<<:.
~t1Atl Bw~ In",,"
cr./~" f1rJ.
EXHIBIT "E"
I- - ~inston
- ee
1. ssoeiates, Ine.
LlIllhl:lpc' \ ['lillkc.tllr,
L:llld f>!.lIl1lillc:
F) I "Ll' i'l
I
I
"
High Ridge Commerce Center No.2
Miner & High Ridge Road
Variance Request to Chapter 7 Y:z , Article ll, Sec. 3.B.4.
Request to Allow a Vehicle to Encroach into a Landscaped Area
A. That special condItIOns and CIrcumstances eXIst WhIch are peculIar to the land, structure or
bUIldIng Involved and whIch are not applIcable to other lands, structures or bUIldIngs In the
same zomng distnct.
Response: ThIs parcel of land IS extremely long, and narrow In depth. In addItion, the CIty
dIrected locatIOn of the preserve area along the western property lIne, compounds the deSIgn
problems associated with the already narrow depth of the property. Therefore, from a deSIgn
standpOint, thiS variance Will allow for the required buffer plantlngs to be accommodated
in the buffer, while allOWIng the vehicles to encroach Into the grass area. This vanance will
aId the SIte deSIgn In allOWIng the CIrculatIOn around the bUIldIngs to functIon more
effiCIently
B That the specIal COndItIOns and CIrcumstances do not result from the actIons of the apphcant;
Response: The configuratIon of the lot was not the result of the applIcant or hIS
predecessors, nor is the location of the area determined by the City to be best suitable for the
preserve area. These factors contribute to the SIte deSIgn constramts WhICh neceSSItate this
vanance request.
C That grantIng the vanance requested WIll not confer on the applIcant any speCIal pnvIlege
that IS demed by thIS OrdInance to other lands, bUIldings or structures In the same zomng
dIstnct;
Response: The grantmg of the vanance WIll not confer any speCial pnVlleges and WIll allow
all the buildIngs on thIS SIte to be SIted as allowed on other lands WIthIn the dIstnct.
D That lIteral InterpretatIOn of the proVISIOns of tlus chapter would depnve the applIcant of
rIghts commonly enjoyed by other propertIes In the same zonIng dIstnct under the terms of
the OrdInance and would work unnecessary and undue hardshIp on the applIcant;
Response: The lIteral enforcement of the proVISIOns of thIs chapter, as well as the preserve
area reqUIrements, would deprIve the applIcant of a reasonable development scenano on
thIS parcel of land.
15:;::: nld Okccchobec RuaJ. SUIte IOIJ West Pi.Jim Beach, FL 33409-5270
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EXHIBIT "E"
High RIdge Commerce Center No 2
MIner & HIgh RIdge Road
V anance Request to Chapter 7 Yz , Article 11, Sec 3.B 4
Request to Allow a VehIcle to Encroach Into a Landscaped Area
Page 2
E That the vanance granted IS the mInImUm vanance that WIll make possible the reasonable
use of the land, buildIng or structure,
Response: This request is the minImUm vanance possible to allow for the reasonable use
of the property
F That the grantIng of the vanance WIll be In harmony WIth the general Intent and purpose of
this chapter and that such vanance will not be InJUrIOUS to the area Involved or otherwIse
detnmental to the publIc welfare.
Response: The vanance IS in harmony with the general Intent and purpose of thIS chapter
and IS not InJurIOUS to the area or detnmental to the pubhc welfare All the reqUired
landscape buffer plant matenals wIll be proVIded. It will SImply allow the autos to overhang
the grass.
EXHIBIT "F"
Conditions of Approval
Project name High RIdge Commerce Center #2
File number ZNCV 02-015
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments. None
PUBLIC WORKS- Traffic
Comments None
UTILITIES
Comments None
FIRE
Comments' None
POLICE
Comments None
ENGINEERING DIVISION
Comments. None
BUILDING DIVISION
Comments. None
P ARKS AND RECREATION
Comments. None
FORESTER/ENVIRONMENTALIST
Comments. None
PLANNING AND ZONING
Comments. None
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
Comments.
1 None
ADDITIONAL CITY COMMISSION CONDITIONS
Comments
1 None
S:\Planning\SHARED\WP\PROJECTS\Richardson Duplex\ZNCV\Condition of Approval.doc
DEVELOPMI::.. _ ( ORDER OF THE CITY COMMIS' ,,)N OF THE
CITY OF BOYNTON BEACH, FLORIO'i\
PROJECT NAME. High Ridge Commerce Center #2
APPLICANT'S AGENT' Winston Lee, ASLA, AICP/ Winston Lee and Associates, Inc.
APPLICANT'S ADDRESS 1532 Old Okeechobee Road, Suite 106, West Palm Beach, FL 33409
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION January 7,2002
TYPE OF RELIEF SOUGHT' Request for relief from the City of Boynton Beach Land Development
Regulations, Chapter 7.5, Environmental Regulation, Article II Section 3, B 4,
to allow parked vehicles to encroach two (2) feet into a seven (7) foot
landscape buffer area required by code for a manufacturing / industrial building
in a M-1 zoning district.
LOCATION OF PROPERTY Southwest High Ridge Road and Miner Road, Boynton Beach, FL.
DRAWING(S) SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above The City Commission hereby adopts the findings
and recommendation of the Planning and Development Board, which Board found as follows
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the relief
sought by the applicant and heard testimony from the applicant, members of city administrative staff and
the public finds as follows.
1 Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3 The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set forth
on Exhibit "C" with notation "Included".
4 The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5 This Order shall take effect immediately upon issuance by the City Clerk.
6 All further development on 1he property shall be made in accordance with the terms and
conditions of this order
7 Other
DATED'
City Clerk
S:\Planning\SHARED\WP\PROJECTS\High Ridge Commerce Center #2\ZNCV 02-G15\DO.doc