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REVIEW COMMENTS 7.A.l EAST COAST MECHANICAL (ZNCV 03-007) ZONING CODE VARIANCE DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-203 STAFF REPORT TO: Chairman and Members Planning and Development Board and City Commission ~ . MV~ Michael W. Rumpf '\. ~ Director of Planning and Zoning THRU: FROM: Maxime Ducoste-A. .A,..J( Planner r \~' - DATE: August 19, 2003 PROJECT NAME/NO: East Coast Mechanical Variance/ ZNCV 03-07 REQUEST: Relief from Chapter 2, Zoning Section 8.A.6., requiring a minimum front yard setback of 15 feet for a warehouse building within the M-1 zoning district, to allow for a variance of 11 feet, and a front yard setback of 4 feet. PROJECT DESCRIPTION Property Owner: East Coast Mechanical ApplicanU Agent: Chris Hair Location: 1500 High Ridge Road Boynton Beach, FL Existing Land Use/Zoning: Industrial / M-1 Proposed Land Use/Zoning: N/A Proposed Use: Industrial Acreage: 2.93 acres (126,763 square feet) Adjacent Uses: (see Exhibit "A" - Location Map) North: Developed property designated Industrial (I) and zoned PID (Industrial); South: East: Right-of-way for the Boynton C-16 Canal then the Boynton Industrial Park North designated Industrial (I) and zoned Industrial (M-1); Rights-of-way for the Seaboard Coastline Railroad (CSX) and Interstate 95, and farther east developed property designated Public and Private Governmental / Institutional (PPGI) and zoned Public Usage (PU); and High Ridge Road right-of-way, and farther west, a Florida Power and Light transformer yard designated Office-Industrial (01) and zoned PID. West: Staff Report Memorandum No PZ-03-203 Page 2 BACKGROUND The subject property, owned by East Coast Mechanical is located at 1500 High Ridge Road. The surrounding neighborhood is developed mostly with industrial uses. The subject parcel was developed over the years in different construction phases. According to County records, the structure subject of this variance request, located along the west property line, was the first structure to be constructed in 1962. The applicant is proposing to replace the 13,472 square foot old metal structure with a new building similar in size and at the original setback of four (4) feet from the front property line, which is non-conforming by current regulations (see Exhibit "S"-Site Plan). Normally, existing structures with non-conforming setbacks, can be expanded along that same building line without increasing the nonconformity. Since the old structure will be razed and replaced with new construction, the right to maintain the existing non-conforming front yard setback will be lost. Construction of the new building at four (4) feet from the front property line requires the subject variance. Therefore, the applicant is requesting relieffrom the above-referenced Land Development Regulations, which requires a fifteen (15) foot front yard setback. ANAL yslS The code states that the zoning code variance 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 cilCumstances 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 vvelfare. Staff conducted the analysis focusing on the applicant's response to the above criteria contained in Exhibit "C", which require that the request is initiated by special conditions and circumstances that are peculiar to the subject land, structure, or building, which are not the result of the actions of the applicant, and that granting of the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. In 1975, the City adopted new zoning regulations which caused many parcels to become legal non- conforming, including the subject parcel. The subject request has been initiated in preparation for the reconstruction of an industrial warehouse within this industrial district. Therefore, the applicant's desire to rebuild in the exact footprint of the original building rather than conform to present-day code, has generated the circumstances. The subject property has been improved with a warehouse, and occupied since 1962. Understanding that the applicant has the ability to reconstruct at the appropriate setback line, criteria items Staff Report Memorandum No PZ-03-203 Page 3 "a", "c" and "e" are not met. Further, since the necessity or the variance has been caused by the proposed reconstruction, condition "b" above is also not satisfied. The overall objective of the Land Development Regulations is to insure the welfare and safety of the public by providing regulations and standards in which to achieve consistent equitable developments. The proposed building wall will setback approximately eleven (11) feet from the edge of the sidewalk, which represents a small distance. When a project falls below the minimum standards set forth by the code, the code has established provisions to bring these inconsistent projects into compliance. Accordingly, Chapter 2, Zoning Section 11.1. F. states: F. RECONSTRUCTION OR REMOVAL. If any structure is destroyed to such an extent that the cost of rebuilding, repair, and reconstruction will exceed (70) percent of its current assessed valuation determined by the Palm Beach County Property Appraiser, or for any reason is moved any distance, it shall not again be used or reconstructed except in conformity with the provisions of these zoning regulations. CONCLUSIONS/RECOMMENDATION Based on a strict interpretation ofthe variance criteria, Staff recommends that the request for relief from Chapter 2, Zoning Section B.A.5., requiring a minimum front yard setback of 15 feet for a warehouse building within the M-1 zoning district, to allow for a variance of 11 feet, and a front yard setback of 4 feet be denied, due to the lack of hardship, and due to the circumstance being created by the actions of the applicant. Staff should indicate that past variance requests have been reviewed by the city using more than the "traditional" criteria, or interpretations of this criteria placing greater emphasis on other associated characteristics. Should the Board or Commission desire to approve this request, the following factors should be considered before rendering a final decision: 1. The variance request is for reconstruction of an old metal structure; 2. The uniqueness of property location, which sits at the end of a cul-de-sac and abuts the C-16 Canal to the south; 3. The immediate parcel to the west is developed as an FP&L transformer yard, which is unlikely to be utilized for other purposes, which would be subject to a front setback immediately opposite the subject property; 4. The proposed variance would not increase any noticeable deviation from the existing non- conforming front yard setback encroachment by the existing main structure; 5. Staff has not received any objections from adjacent property owners regarding the subject variance request including those immediately to the west of the pro~rty. No conditions of approval are recommended; however, any conditions of approval added by the Planning and Development Board or the City Commission will be placed in the Exhibit "0" - Conditions of Approval. MWR/MD S:IPlanningISHAREDlWPIPROJECTSIEast Coast Mechanicall ZNCV 03-0071STAFF REP.doc Location Map East Coast Mechanical ZNCV 03-007 EXHIBIT "A" PID o ----------===__ :111 ) ~ ,'~ ------ // \ PARI< RIDGe Ol::ve-------:::::::::/~ \\\, , 111 Jll\J-. IT~111 _,1 . l J + ~j 1_) ~::::I t E\ rTII~J l ~~lTIri ~i \ _III r [,~ ..\!rll \\l1W,i . 1 , \.. ITIIIIIIIIl1W'i- I RI II I \ 11rl1'1 .-~J1Ifn tit I \ I IIITI tUUJ ITI ! \ ! I i 11 - J I Ifll\II\lllrWJW 'llJ-=: ! DIU l \ I, II \ II \ III \ \ " 'IIJ--\ ~ m--\ \ \ \ II IlJIIJ CD_lit J l~1 ITTTi-r \ l_lillJ L.llill H 1- I I l rm ITrl]IJlcJ wi' . - I=!l r f I I - - > II . ~ II: '1J :JJ 0 '1J 0 (J) i ~ m 0 ~~ OJ ~ C r --l 0 -< Z r- G) z m EXHIBIT "B" A V.n.nce ~ for- 11II CDIII...... =",--=:t':::" i:: S ~ ~ ~ l! II! ! I \~ ~ ~ !~ I . 1 ~ I ~ ~~B~ ~ ~ ~ ~r , :::~. - ~ "<l~ ',' i3if;~ ;;:~: ~~; ~~~ ~~~ ~~~ ~~Q ~~~ '". 2~;;: ~~i ~- !$ ~ . ~ C>~ ~C> ~..., '" ~\JJ ~. ~l -~ ~ ~ ~ ~r o 00 o~ ~" ';j,CI ~ - ,~)< .,;;;:1i,~: <.0 ~ ~ . . , , . i_. ~;,z:;(~#It ------------- ...,..,''--. - --- - ~l, R"'/iRO",O ~-----..:_----- ---'---'-----------------------,--- ~------ ~ o~~ ~ ~ ~ : ~ ~ ~ g ~:g ; ; ~ ~ ~ ~ ~ :-~~ "1 ~ :t ~ ~ ~ .., g:~i ~ ~ ~ ~ ~ ~ <) ..:~'" ~ ~ .. <>, ~ ~~~ ~ ~ ~ 'f'k~ ~ ~I ih ~~ ~ '0 a "1 co a ~ ,. '" -< '" ~ ;;; -< ;:~/7~;:r ,.' 1 ~._,.,':;;m. "" '~" 1i ~, =---+ ;.,-.-71 IT "8" -- (, r EXHIBIT "e" architecture, inc. 06.18.03 City of Boynton Beach Planning & Zoning Division 1 00 E. Boynton Beach Blvd. Boynton Beach, Florida 33425 Re: East Coast Mechanical Variance Request Statement of special conditions. A. The Request is for the removal of the metal building portion of the existing building, and subsequent construction of a new 1-story masonry building in its same footprint. The existing concrete floor slab will remain. The existing subject building is currently in non-conformance of the current setback requirements for its zoning classification (M-1). The special condition particular to this site is in the location of the setback violation. It occurs at the corner of a dead end street (where the neighbor directly to the West is an FPL transformer yard) , and the C-16 Canal directly abuts the South end of the property. B. The building is existing and may have been built in accordance with the setbacks and requirements at the time of original construction. Therefore special conditions and circumstances do not result from the actions of the applicant. C. No special privilege shall be conferred to the applicant that is denied by this Ordinance to other lands, buildings or structures in the same zoning district. D. The intent of this section is to create the appearance of a low-density development. Because there are no neighbors directly adjacent to the proposed building in violation, the non-conformity is minimized. E. The variance requested is to reconstruct only what now exists - no expansion of the building is part of this request. 399 W. CAMINO GARDENS BLVD. . SUITE 202 . BOCA RATON, FLORIDA 33432 . V: 561,362.0220 . F: 561.362,0224 . www.andersonarchitecture.com AA COO1 997 r EXHIBIT "e" F. Granting of this variance is not detrimental to the area; rather this variance request will permit the Owner to construct a more substantial building (masonry versus metal), more in keeping with the new buildings recently built in this subdivision. Additionally the existing metal building is in a state of disrepair and in need of remodeling, both aesthetically and structurally. Thank you in advance for your consideration of this request. Sincerely, (' ~ ~ ,v4 \.. Chris Hair cc: Jose Ramirez, ECM EXHIBIT "D" Conditions of Approval Project name: East Coast Mechanical File number: ZNCV 03-007 Reference: 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 PARKS AND RECREATION Comments: None FORESTERlENVIRONMENTALIST Comments: None PLANNIN<:; AND ZONING Comments: None Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\Shared\Wp\Projects\East Coast Mechanical\ZNCV 03-007\COA.doc MIBUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 6, 1977 ~.rs. Jackson moved to put this, up for a vote and to specify whether they are willing to paJ1 51 million dollars for a ' golf course. Mayor Zaek stated he thought it should be enttm~rated rather thaJi state an approximate cost. He suggests listing the cost to each t~pay'er. Also, the question is whether the taxpayer will have to pay' to play. I-'.r. DeJ6.arca then seconded the motion.. lIndeI' discussion, Mr. Caldwell asked what happened to the idea brought before the COlUlcil about the man saying he would give uS land if we would develop it and Mayor Zack replied that this inIormation had not been receiv.ed in writing, as requested. Y.l1'. DeMarco added that it :,",_' '[1./*7 would strictly be a lease and not a dona't;ion of the land. ," , ~ Jilf.rs. Jackson added tl;lat if there were any other pieces of \ ~ Lr property, they $hould be considered. As requ.ested, Mrs. ~'~~~'1 Padgett toek a roll eall vote on the motion as follows: 1 " / h~w Councilman Strnad - No ,i: . ~~ J Q,~'~councilman Caldwell - Aye : .'. fW'> tfJ ()~ Councilman DeMarco - Aye ;.... . ve ~/"p Vice Mayor Jackson - Aye '71'\' (lb~ ) Y.ay-or Zack - No i, ': IVL ~ Motion carried 3-2. : j' ~uJ ~ ADMINISTRATIiE L.l ,rrfk ~i!Y Consider Request of Curt G. Joa, Ine. for Extension of Water ~r1i" \;fb Lines 1\... :~~ ~[\1 Mr. Kohl read his letter dated August 18, 1977 to l'1r. Eli N. fl ~~ Wance, III, of Curt G. Joa, Inc. as follows: ~,':.".'..'.;.:' "We wish to advise that your request for water lines to ,. , .~our plant site will be presented to our City Council I:,; at their Regular Meeting of September'''6, 1977. ; \ i:"l .t-! .~: J t'< \.w..,..."" ,..F~ l,\ ~~. \i' . \~ \\~~\ ~l~ ~-.g::;~ : j ; .~ I anticipate no problem with your request. However, it ,should be understood that the cost of the lines and all necessary connections thereto would be at the owners expense. In addition, all City requirements must be met when the installations are made." tj: : :1' ' "'~... -,..".,.-" Mayor Zack stated he thinks past experiences with this gentle- man have been highl;r-:recommenaa'ble. r~. DeMarco moved to grant this request, seconded by Mr. Caldwell. No discussion. Motion carried 5-0. r '.......:;..,.... Report on Fixture Count, Water Usage and Water Rates !~. Kohl read his attached letter dated September 1, 1977, regarding the sewer rates sent to Mr. Milton L. Hallman, Jr., Vice President, Russell & Axon, and P.r. Al C. Shepard, William R. Hough & Co. \~,] -25- r..... . , MINUTES - PLANNING AND ZON]NG BOARD i BOYNTON BEACH, FLORIDA JANUARY 11, 1983 ,.. /.... ,.~, Chairman Ryder had not heard from him, City Manager Cheney reported that they knew there would be a quorum tonight, and Mr. Norem was speaking to a Countywide meeting this evening and indicated he would not be here. , " COMMUNICATIONS None. OLD, BUSINESS .r" -..... " None. NEW BUSINESS PUBLIC HEARINGS: 7:30 P. M. Chairman Ryder announced that they would have six public hearings which, .apparently, would take some time. He noted that the input which they had from the City Planning Department was quite extensive and was an indication of the work that they have to do to get to the point where the Board has their meeting. Chairman Ryder thought they really did a commendable job. Of course, he said there was nothing unusual about that. Chairman Ryder informed the audience that under public hearing, public notices are placed in newspapers and people in the immediate vicinity in each instance are notified so that they may appear and address the Board if they so wish. He said this would be true for all of the items on public hearings, and the Board was prepared to hear those in favor of these requests and those who may be in opposition. (''"'' PARKING LOT VARIANCE REQUEST I (1) Project Name: --l,,!:",>". Agent: Owner: Location: Description: Curt G. Joa, Inc., Modified Site Development Plans Judith L. Kelly Curt G. Joa, Inc. High Ridge Rd., Boynton Beach, Fl. Relief from Sect. 5-141(e), Parking Lot Ordinance concerned with drainage requirements Chairman Ryder informed Members of the Boar,d that this affects the recent 'Parking Lot Ordinance under which this, Board makes the / '.' final decision in contrast to theirn.orma'lpo-sit.:ion, wh~ch is to make recommendations to the City Council. ,$Ubsequently~- the City Council makes the final disposition. In this case, the Board's approval would be final, Chairman Ryder advised. - 2 - -'- ".. MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 11, .1983 .,"'ro-..":..... Martin Hackman, 801 DeSota Road, Boca Raton, .Florida, spoke from the audience and informed City Manager Cheney that it was their advertising agency, without their permission. Mr. Foy asked that the Board not minimize this or ignore it. He stated that there might be substance to it, and it was objection- able. ......."-~'.... Mr. Hackman told the Board he was a partner in this Commerce Park, along with Mr. Motazedi. Their advertising agency, when they bought this, put an article ~n about an elaborate park and Mr. Hackman said they did mention the heliport. Mr. Hackman emphasized that was the initial article, and they stopped it immediately. Mr. Hackman wished to read into the article at this time that IITHERE WILL BE NO HELIPORT ON THIS PROPERTY, AND IT IS NOT CONTEMPLATED IN ANY FASHION. II Chairman Ryder added that it was done in error without Mr. Hackman's knowledge. Mr. Hackman replied, IIRight. The first article. There have been many articles since, and this never appeared. II Chairman Ryder was glad to hear that they had. learned the 50prce of thllis.... He thought that should be very helpful. Mrs. Bond moved that the Boynton Beach Commerce Center Preliminary Plat be approved, subject to staff comments. The motion was seconded by Mr. Linkous and carried 7-0. SITE PLANS Project Name: ,>fY-:-- , Curt G. Joa, Inc., Modified Site Development Plans Judith L. Kelly, Architect Curt G. Joa, Inc. High Ridge Road, Boynton Beach, Florida Addition of 4,200 Sq. Ft. of Accessory Office to existing manUfacturing plant Tim Cannon, Assistant City Planner, told the Members of the Board that this was a modified site plan that comes to the Planning and Zoning Board with a positive recommendation from the Technical Review Board, subject to staff comments. He reminded the Board that they had already seen the overlay tenight when they discussed the .areas for the drainage. Agent: Owner: Location: Description: ,..,_.~." ."."" Going over very briefly what the applicant is changing on site, Mr. Cannon informed Members of the Board he is adding a A;200, square foot office building to his existing manufacturing plant and adding some additional parking to accommodate that office area. - 60 - '0 .... /-', """".~., :'" ('CC'",- -''',"" ~_.,-.........\ MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 1983 Mr. Cannon read the staff comments, as follows: Building Dept.: II Subject to Corrmmi tyAppearance ,Board variances. Mr.. Cannon explained that the applicant will have to seek variances because the applicant does not wish to put a hedge along the rail- road. The reason is probably obvious. Also, the applicant wants relief from having to put trees along the frontage indicated by Mr. Cannon si;nce hiB, building..is built right up to the property line. 'It would be arguably physically impossible. Mr. Cannon said that would be a matter for the Community Appearance Board to deal with. He further read: City Planner: 'I Subject to Parking lot Variances. 'I Mr. Cannon advised that has already been resolved. Finally, he read: Public Works Dept: "Subject to Public Works location of dllITpster p-ad." Mr. Cannon showed where the dumpster pad should be located. Judith L. Kelly, Architect, 3030 South Dixie Highway, West Palm Beach, Florida, told the Board they tried to comply with every- thing that they could comply with. Chairman Ryder wanted to know if the applicant had any.q\lis;u;J:;~l with the staff comments and any matter involved here that they questioned. Ms. Kelly replied, "No, we donlt." Chairman Ryder said that was regarding the sidewalk. He'informed Ms. Kelly the Board would have to go with the sidewalk all the way. He did not see how they could get around the Code. Chairman Ryder carne here about ten years ago and found out when somebody built a horne, he did not have to build a sidewalk. IjIe asked the Council, "How about requiring sidewalks when you bui.+d a house?" He said he heard, "I'm the only one on the street witf.h a side- walk." Chairman Ryder asked, "Well, if you donlt build a side- walk, when does ,somebody else build a sidewalk'?" He I expressed it is important~ and he has been an ardent supporter ofjsidewalks., Ms. Kelly could appreciate that, but she was thinkinJ of a condition which exists here. They do not want to ge1 around not building the sidewalk but they COUld, ,terrni,n, ate it atia logical point rather than going all the way. Vice Chairman inter referred to the Bull Dog Fence Company and said they have a ~i, dewalk tha~ leads to nowhere. U nfo~tun~telY', . the ~o~e reqU~red, lt at that tlme~ so they went along wlth It. Vlce C alrmanW~nter said it ends at the railroad track. Mr. Linkous ask d if they could not ask for a variance. ,He could see the point, as it is a deadend, going into the canal. The only people that would utilize it would be those people. Mr. Wandelt and Mrs.' Bond agreed that there could be the possibility of a bridge going across that canal. City Manager Cheney pOinted out that you have people going ,down there to fish, etc. - 61 - -.~ MINUTES ~ PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY II, 1983 ..... .'/ :~ City Manager Cheney said it was a problem in terms of what Chairman Ryder said. The minute you let, "Not have a sidewalk," everybody is going to get out of it. Chairman Ryder commented that would defeat the purpose of having a place to walk, as he agreed with City Manager Cheney. Chairman Ryder said the Board would have to go with staff recommendations. ,.. '''''''''" .../;' ...... Robert L. Foot, 2400 S. W. 1st Street, Boynton Beach, asked to speak for the Chamber of Commerce. He noted th~y were talking about a si,dewalk on a dead end street dead ending in a canal. Mr. Foot said there was not water across that canal. Mr. Foot said those people on that industrially zoned area do not have water from this City. They have some problems out there. City Manager Cheney said Mr. Foot was addressing the fact that there is not a public water supply to this building, and they have extra costs. for fire protection, etc. City Manager Cheney said the CiJty is well aware of that. Curt G. Joa, Inc. is aware of that 'and was aware of that when they built there. City Manager Cheney ,advised that the water could be extended at some time with the development to the west (Sand Hill). He said that is one of those things that is going to happen. Mr. Foot said sometime he would like to see a bridge across that so that all of the people in the industrial zone there, right up through Hypoluxo Road and High Ridge Road would have continuous traffic. He hoped they would not "rub this in" to the poor people who are trying to improve their property at this point without all of the amenities that most people do have in this case. Mrs. Bond moved that to approve the modified site development plans of Curt G. Joa, Inc., subject to staff comments. The motion was seconded by Mr. Hester and carried 7-0. . ..."......... Project Name: Agent: Owner: Location: -"~' Description: Boynton Beach Commerce Center Conrad Schaefer, Consulting Engineers, Inc. Iraj A. Motazedi South side of Woolbright Road between LWDD E-4 Canal and Seaboard Airline Railroad 128,409 Sq. Ft. of Industrial Warehousing with 17,288 Sq. Ft. of Offices Tim Cannon, Assistant City Planner, advised Members of the Board that this application for site plan approval for parcels 3D and 3E of Boynton Beach Commerce Center comes to the Planning and Zoning Board with a positive recommendation, . subject to the staff comments. Like Mr. Cannon said, this is for two of the seven industrial parcels. He told the Board Members there are 145,700 square feet of warehouse and light manufacturing floor space shown on the site plan. Mr. Cannon said this was for a total of 8.9 - 62 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 10, 1987 " ", ".""", The City Engineer notified the public utilities, and from the responses received, the public util~t,ies have no objec- tioD$ to either request. There was also' no objection from the Cityis Department ,of Utilities. The Planning Department was recommending conditional approval, contingent upon the red:ediqation of High Ridge Road north ofN. W. 22nd Avenue and construction of a new roadway north and south of N. W. 24ndAvenue. However, the applicant proposed an acc~ptable alternative, which wa~ to gr;ant tentporaryeasements for the exi,sting roa<iway that will disappear after the neW roadway isconstriicted. ~ i ' \'",. ..-" Geo,rge Z~:m.me:r;man, Vice President of the development for Quantum J\.ssqciates, 2455 East Sunrise Boulevard, Suite 1106, Fort ,Lauderdale;, Florida ,33304, added that the abandonment df .tn.esouthr~ght-of~way was also joined in ',by, Curt G. Joa ~nd Ge~o:tg.e J. Gould, the property owners on the southern tip of the roadway. Mr. Zimmerman also mentioned that both the infrastructure imprqvement,plans for QuantumPID and the master plan that was approved':aspart of the development of 'regional impact (DRI)! proce,s'~ illustrated the relocation of this roadway, which was the reason for the abandonment. . Mr. Annunziato showed how High Ridge Road was relocated. High Ridge Road,. to the north of N. W. 22nd Avenue, will be public. To the south of N. W. 22nd Avenue, High Ridge Road will be private. Mr. Zimmerman said the alignment of the current roadway is directly north and south. .r"--"', Mr. Zimmerman responded to a question from Chairman Trauger by saying it appeared as if they were 60 to 90 days away from the beginning of construction on the proposed road. It will be 16 months before the construction of the infrastructure. He estimated it would take approximately 20 to 22 months for completion of the project. As far as the operational procedure on the roadways, it would remain as it is until the new roadways are accepted. """"~". ;"'1-..~, I Mr. Ryder asked if people presently fronting on the road were in accord, because their access will be somewhat changed. Mr. Zimmerman concurred that it would be changed on the south portion of the roadway. No one else joined on the north abandonment because they are the property owners on both sides of the right~of-way. Mr. Zimmerman agreed with Mr. Ryder that the accesses of Curt G. Joa and George J. Gould, on the south, would be changed, and the applicant is giving them easement 'rights. There were no problems with Mr. Joa or Mr. Gould that ne was aware of. - 6 - , MINUTES - REGULAR CITY' COUNCIL MEETING BOYNTON BEACB, FLORIDA JANUARY 18, 1983 ""'-, Councilman deLong moved to accept the unanimous recorrunendation of ~ the Planning and Zoning Board and, approve the site plan, subject to staf,f comments. The motion was seconded by Counci Imember Woolley. ''''''\ For the record, City Manager Cheney suggested that the applicant indicate that he agrees with all of the staff corrunents.Mayor Trauger asked if he would accept all of the recorrunendations made by the staff. Martin Hackman,891E. Palmetto Park Road, Boca Raton, Florida 33432, answered, "Yes. We will." ,/""-' .\.., Secondly, City Manager 'Cheney thought these minutes should make reference to the Planning and Zoning Board minutes 'where Mr. ' Hackman, who just spOke, indicated there would be no heliport. .A rumor~got,goingdwith>some reason because there Was an article in the paper, which Mr. Hackman explained was a mistake, City Manager Cheney told the Council. Just to be sure that the Council Minutes show the same as the Planning and Zoning Board's, City Manager Cheney said Mr. Hackman indicated that there are no plans for a heliport on that si:te. Councilman deLong wished Mr. Hackman to repeat that for the record, as some people were present that were very interested and they had been at the Planning and Zoning Board Meeting. For the record, Mr. Hackman assured the Council there will be no heliport on this property. 'Mayor Trauger was glad to hear that as he had a lot of telephone calls and had no idea what they were talking about. A vote was taken on the motion, and the motion carried 5-0. Request for approval of the Modified, Site Plan for the Curt G. Joa, Inc. man~facturing plant located on High Ridge Ro~d, submitted by Judith L. Kelly. Modifications consist of an addition of 4,200 square feet of accessory office, and an additional pavinq area """'..,..,." Ttm Cannon, Assistant City Planner stated that tbis modified site plan comes to the Council with a 'unanimous recommendation for approval by the Planning and Zoning Board, subject to staff comments. Mr. Cannon said the applicant is requesting site plan approval for a 4,200 foot expansion to the existing manufacturing plant located on High Ridge Road. He showed on the overlay that High Ridge Road runs along the lefthand side and indidatedalsot.he Boynton Canal. Mr. Cannon said the applicant is also adding an existing parking area to the northeastern part of the property /-'" and is bringing the remainder of the parking area up to the '~/ current parking lot regulations. Mr. Cannon., informed the Council that the applicant asked the Planning and Zoning Board for a variance'to allow the existing drainage to remain on site, and the Planning and Zoning Board - 48 - ..,-:-....... ::-., :'t i ..~ "" MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH,FLORIDA JANUARY 18, 1983 granted that variance last week. Mr. Cannon read the staff comments as follows: Building Dept.: "Subject to Corrm.mity Appearance Board variances." Mr. Cannon advised that the Community Appearance Board met last night (January 17, 1983) and they granted the variance to allow the applicant not, to construct a planting strip along the railroad, where a hedge would l10rmallybe required. The Community Appearance Board agreed that that was not necessary. The Community Appearance Board denied the second variance. 'Mr. Cannon said the applicant /"'" asked that he not be required to plc:mt trees along the whole , frontage of the property because of the small distance between the building and the propert,y line. Mr. Cannon believed that was about six feet. The Community Appe~rance Board di~ not agree with the applicant, land ,they did not grant that variance. Mr. Cannon Said they obviously felt that you could plant trees in that strip there. Mri. Cannon continued reading the staff, comments, as follows: ("'" -;''''.'', /-...., { '1______' City Planner: "Subject to Parking Lot Variances." Mr. Cannon informed the Council that was granted by the Planning and Zoning Board last week. Public Works Dept.: "Subject to Public Works location of :pad. II Mr. Cannon explained that refers to the dumpster ,pad. Councilman deLong believed there was some question at the Community Appearance Board meeting the other night (and the Vice Mayor was also there) about the sidewalk that goes down to the canal and the necessity for it. Councilman deLong pointed out tha~ more or less, appears to be a fishermen's wharf for ,the people that use the canal to fish. They 'could not see why they, had to go to that expense. What brought it out more so. was the Chairman, who definitely pointed. out that they wanted trees planted on that side. Councilman deLong believed there were five or six trees. By putting the sidewalk there, with the limited amount of space they have, Councilman deLong said it would endanger the "growth of trees. They thought the trees would' be more benefi'cial than this walk that went no place. !t went down to the canal. Councilman deLong stated the applicant would i1.othave.~i1.ougb':r06m with the trees, if he put it on the property line. He confirmed with Vice Mayor Warnke that it was something like six feet. Cduncilman deLong continued by saying the applicant was very concerned about that. He said they did not know who to refer this to in order to eliminate that. Mayor Trauger asked where the r~quest for the sidewalk was. Mr. Cannon answered that under our S~dewalk Ordinance, when a piece of property is developed or there iq an addition made to it, the property owner has to build a side- walk. Councilman deLong said they were talking about a sidewalk - 49 - "''''-. (,-,.,. ..,."" /',.,'" , ' ~"" (~"' J\_..,.... MINUTES - REGULAR CITY COU~C~L MEETING BokNTON BEACH, FLORIDA JANUARY 18, 1983 th~t goes dowp. into the canal. He asked in which irection the bu;tlding faced. Councilman de Long asked if thE! fr nt of the build- ing was to the east or to the west. He was advise that the bU~~ding fa,ces to the north. Councilman deLong' po'nted out that they had a contention about a sidewalk that was eiher go'ing to be! on the east or on the west side. It,was specif'ed that it WO~ld go into the canal. unper our Ordinance, Mr.. Cannon advis applic nt would have tOI build a,S::Ldewalk along the entire frontage' Mr' Cannon thought attthe p.lannin. gand Z on1ng Board. Meet,1 ap!'l . cant expressed th desire to build that. sidewalk only up to their driveway. The PI nning and Zoning BOCird did not feel that they h 0. the power to make that recommendation. Mr. Cannon said ther is no form of va iance procedure. They simply refer it,to the.C'ty Council. I ! Vibe Mayor Warnke asked what is on the High Rid e Road at] .the present time. ,He askeo. .,if t a ustrial or va ant land. Mr. Cannon answered that it is vacan land zoned re idential. City Manag~r Cheney commented that i will be re iden 1a , and you will have people living there. He said thpt was the Riley-Field's development of Sand Hil. If you extend that sidewalk down that side, in Vice Mayor Warnke's op~nion, it Should go all the way, ,:calong with the i ty' s Code. Cot-mcilman ,deLong asked if . they' were talking 'about the front of thr building. Vice Mayor Warnke replied, "Yes." . i 'Cop.ncilman deLongwastalking about the o:q;e that going into th canal. City Manager Cheney clarified .that the were talking ab ut a sidewalk on the west side of the building, the east side of High Ridge Road. 'He advised that the west side of the build- in is required by the City' Code. ~ity Manager Ch ney's recornmenda- ti n was that the Council require i tbecause i'f th Y do not require th sidewalk in one particular situation, they wil have a problem wi h other people who do not want to build a sidew lk. City Mapager Cheney was glad Councilman deLong brought 't up, as it sh~uld be addressed. Eventually, it;. is going to b residential ana Vice Mayor Warnke advised they should have tha sidewalk. Mavor Trauger'asked if the ,City had the acquiescen cart to place that sidewalk there. He asked if', th un~erstood that it requires a sidewalk. Councilma "Op yes. He didn I t, contest it. The only ,thing wa Appearance Board was very much concerned with the trees." , Copncilman Wright asked what will be manu~actured Jlere. City Manager Cheney answered that this is an expansion of an existing plfnt that makes machinery that' makes sanitary,napkins. He believed thfY were expanding,theirengiJ;leer~ng,'space by 4,200 feet' so that th~y can continue to operate. City Manager Cheney said it is a fa~tastic place; they have worldwide sales. I I e of the appli-,. applicant deLong replied, , the Community lanting of the - 50 - " '! MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 ..:.:-: Councilman de Long maved to. apprave the unanimaus recammendatian and ~pprave the Madified,Site Plan subject to. staff camments~ seconded by Cauncilmember Waolley. Matian carried 5-0. !I I i -',";;;"::'1", Request Appraval af Site Develapment Plans submitted by Jahn Pagliarulat'a canstruct Temple Beth Kadesh lacated on NE 26th Avenue, westaf Ralling GreeIlElementary School. rrhese site plans w:i;ll pravide fo.I:' the canstructian of a 9,600 sq., ft. temple, plus parkinq lats and drainaq~ facilities. l(~"'-"'" Tim Cannan, Assistant City Planner, said this site plan carnes to. tIie City Co.un<;:il an the unanimaus recammendatian far appraval by the Planning and Zaning Baard,subject' to. staff camments. Mr. Cannan P9in~ed aut N.E.22nd Avenue an the ij~~~om, ,Village Rayale right acrass the street, and the prapased .locatian far the templel which was raughly outlined. Mr., Cannon ,said there will be. two. entrance drives, ane gaing into. the parkirlj'g lat, and two. aisles,wtlichMr. Cannol} indicated an the averlay. He added that there will be anather driveway gaingaraund the back. Mr. Cannan tald the Caunci'l that at the present time, the remainder af the praperty will remain vacant. The applicant pra- poses to. lac ate a starm water retentian area at the rear af the praperty. The Cammuni ty Appearance Baard me,t last night (January 17) and ,r~cammended that the landscaping b~ appraved. Hawever, the 'Community Appearance Baard required that ~his retentianarea be moved mare to. the center of the property in o.rderto. save seme p~ne trees that are io.cated back there. The City Engineer has written a memo. which states that would meet with his appro.val. The staff co.mments, as appro.ved by the Planning and Zo.ning Bo.ard, were read by Mr. Cannen, as fellews: .,." Building Dept. : ('Bert J. Keehr, Deputy Bldg. Official) IIWi th regard to the al::ove rrentiened site plan, be advised af the fallQwdmg:, 1. Church front ever hang enCroad;ies fro.nt setback. I' "';""',,\ Mr. Cannen explained that ,means the church will have to. be meved back a few feet to. meet the zo.ning requirements. .,..<',.,'........ "2. Sidewalks to. go through driveways. 3. 9 additional parking spaces are still required to. meet parking ardinance.. 4. All existing trees rmst be smwn as to their type and size. 5 . 1 tree ,is required far every 40 I af lat frontage. Plan shows 7. 6. Handicap parking spaces should be lacated as clase as possible to front entrance. - 51 - -, o o ~ . . ~,,-e . ,. . .'.- . -... -_.._----_._.__.._------~. . . ---~ --------~._---- ._- ----...- --- <:1,,) .~ I- blU wi 0... <./').'2 ~o \.l)~~ d~ "- ~ \.u ~ LU r.:c x UJ o Z .... E :X:.J u.... <u. \,LIe '0 'r.i ~ ZI_Z >ZO OUJ.... l!lE(/) 1-.... u.c:::> O<W o..c::: >UJ 1-0 .... uCl Z .... Z Z < .J 0.. ....:> u.Z c::: < w > U. o I(/) 0::1_ UJUJ l!lW ~ffi Z I l- Z UJUJ Eo.. :>> Uf- o o W ,.... E OJ < [}- Z ... I I- 0 u UJ "[") ") .~ c 0 c::: -' :> 0.. 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I'" "1 -- =-.~.- --_:........--~- ----'--.-- ... -'_.~_--':"~'::_-~ ,~ ~ ) ~~ . , MINUTES - PLANNING AND ZONING BOARD i BOYNTON BEACH, FLORIDA JANUARY 11, 1983 /- '-., Chairman Ryder had not heard from him, City Manager Cheney reported that they knew there would be a quorum tonight, and Mr. Norem was speaking to a Countywide meeting this evening and indicated he would not be here. ,. '\ COMMUNICATIONS None. OLD, BUSINESS .f'..,.~ None. NEW BUSINESS PUBLIC HEARINGS: 7:30 P. M. Chairman Ryder announced that they would have six public hearings which, apparently, would take some time. He noted that the input which they had from the City Planning Department was quite extensive and was an indication of the work that they have to do to get to the point where the Board has their. meeting. Chairman Ryder thought they really did a commendable job. Of course, he said there was nothing unusual about that. Chairman Ryder informed the audience that under public hearing, public notices are placed in newspapers and people in the immediate vicinity in each instance are notified so that they may appear and address the Board if they so wish. He said this would be true for all of the items on public hearings, and the Board was prepared to hear those in favor of these requests and those who may be in opposition. PARKING LOT VARIANCE REQUEST (1) Project Name: -.1I..!"""...... Agent: OWner: Location: Description: Curt G. Joa, Inc., Modified Site Development Plans Judith L. Kelly Curt G. Joa, Inc. High Ridge Rd., Boynton Beach, Fl. Relief, from Sect. 5-141 (e) , Parking Lot Ordinance concerned with drainage requirements Chairman Ryder informed Members of the Board that this affects the recent Parking Lot Ordinance under which this Board makes the final decision iI?- contrast to theirnormalpopit,ion, whj;ch. is to make recommendat~ons to the City Council. ,$ubsequemtly, the City Council makes the final disposition. In this case, the Board's approval would be final, Chairman Ryder advised. - 2 - '.... " .. /~-' -....,.. ." ('....-"., !, ! fF' '0_,_"" ,/-' , MINUTES - PLANNING AND ZONING BOARD BOYNTON 'BEACH, FLORIDA JANUARY 11, 1983 Mr. Tim Cannon, Assistant City Planner, showed a transparency of the site plan and said the parking lot variance was reviewed by the Technical Review Board and comes to the Planning and Zoning Board with a positive recorrunendation for approval. Mr. Cannon stated that he was goLng to review the modified site plan which the applicant submitted with their request for a parking lot variance, specifically for the drainage: He said the site plan would be reviewed by the Planning and Zoning Board later and calls for the addition of a 4,200 square foot office to their existing manu- facturing plant. Mr. Cannon pointed out the Boynton Canal, High Ridge Road, and Interstate 95. He said the applicant is also, as a part of its modified site plan, adding some parking spaces in the northeastern part of the property. Mr. Cannon continued by saying the appli- cant's re uest for a variance t the parkin lot re ulat10ns is , ue to the fact th re not brin ing., the on site draina e up 0 0 e. The remainder of the site is brlnging up to Code Wll:h respect to striping, curb stops, landscaping, lighting, and all other provisions of the Parking Lot Ordinance. However, the. applicant felt that it would be unreasonable to regrade the entire site, including the grading and paving, to comply with the current on-site storm water retention, requirements, which is a minimum of three inches in one hour. Mr. Cannon informed the Board that the Technical Review Board reviewed the variance request and recommended approval of the variance based on the following findings: It 1. The new cx:mstru.ction proposed will a:>rrq;:>ly with current drainage requireIrents. 2. The applicant has cc:npliedwith the rerraining Parking lot Code requirements. . 3. Where storm water exits the site, it does so by sl1E:!et flow into pervious areas. 4. There is no history of negative i.trg;>act onto the receiving properties (C-16 Canal and S.C.L.R.R.) .11 Surro,unding the site, Mr. Cannon said there is largely undeveloped land. He indicated the location of a railroad' right-of-way, Boynton Canal on the south, and said the remainder of the properties are either a swale along High Ridge Road or some development in the north. Mr. Cannon clarified that S.C.L.R.R. meant the railroad right-,-of- way. In other words, he said there is no history of nuisance flood- ing in this area. Consequently, the Technical Review Board recorrunended that the applicant be granted relief from paragraph (e), Sect. 5~14l, Park- . iug' !Lot!-Ordinance. Judith L. Kelly, Architect, 3030 South Dixie Highway, West Palm - 3 - .- y.... / ' ;..,-..'.'...." /-~., .,; '-., '~'''' .96' ~ /' ,~..., MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 1983 Beach, thought Mr. Cannon did a marvelous job and said anything they would say. Chairman Ryder questioned whether this particular enterprise would invol ve much public movement in this are~::t'~' He thought it was primarily people doing business directly orvendors,a:hd'so_on. Ms. Kelly, Architect, did not think it generated much traffic other, than employees. Chairman, Ryder -remembered visiting the plant, and that was his impression. Ms. Kelly called attention to their other request, which Chairman Ryder said was a site plan review. He explained that the Board was obliged to hear the public hearings first. That was not what Ms. Kelly had in mind. According to the City Code, Ms. Kelly said they have to put in a sidewalk all along the front of the 'property. She asked the Board'to consider letting them cut it just about at the entrance because they did not think anybody would ever walk to that end, to the canal. Ms. Kelly said they would like to put in the sidewalk to a point she indicated, which would be the entrance to the plant. Chairman Ryder asked, "From 'where to where?1I Ms. Kelly answered, "From the beginning of the property to the entrance." Chairman Ryder questioned if she was talking beyond their frontage. Ms. Kelly answered, "Yes, and we would like to skip the other part if the Board would agree with us." Ms. Kelly emphasized that they really did not think any pedestrian traffic would happen there. She pointed out. that it was a deadend street. and she indicated the canal. Chairman Ryder said the Board was obliged to require sidewalks for complete frontage. . Possibly, it would have to be in the form of a variance. He asked Mr. Cannon what he thought. Mr. Cannon, Assistant City Planner, advised that the public hearing was strictly for the drainage requirement right now., He said the sidewalks should be addressed when the s'i te plan is reviewed. Mr. Linkous asked if it was addressed at the Technical Review Board. Ms. Kelly answered that it was verbally, but they know how to handle it. She added that there was no form or anything like that. Mr. Cannon advised that it was a requirement of the Code, and the Planning Department did not feel that they could make any promises. Chairman Ryder commented that it was quite possible that it was out of the Board's province too, because it is required in the Code. He said the matter of the site plan would come up in awhile. Chairman Ryder asked if anybody else wished to speak in favor of the request. There was no response. He asked if anyone wished to speak in opposition. There was no response. THE PUBLIC HEARING WAS CLOSED. - 4 -