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REVIEW COMMENTS Meeting Date: File No: Location: peN: Agentl Owner: Project Name: Variance Request: Property Location: North: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 06-132 STAFF REPORT FOR COMMUNITY REDEVELOPMENT AGENCY BOARD AND CITY COMMISSION July 11, 2006 ZNCV 06-008 On the west side of West Industrial Avenue, north of NW 8th Avenue 08-43-45- 20- 20-000-0000 Merle Denbesten / Boynton Industrial Park POA, Inc. Boynton Industrial Park North - Buffer Wall Relief from Chapter 2, Zoning, Section 4.L - Buffer Walls, to allow a six (6) foot steel privacy fence along the west property line of Boynton Industrial Park North, in lieu of the required six (6) foot stucco masonry buffer wall required to separate an industrial zoning district from an abutting residential zoning district. The site is located west of 1-95 and north of Boynton Beach Boulevard (see Exhibit "A" Location Map). The subject property, totaling 0.078 acre, is currently zoned M- 1 (Light Industrial) and classified Industrial (I). The subject property is legally described as the west two (2) feet of the Plat of Boynton Beach Industrial Park North, less the north 332.40 feet. More specifically, the subject property is a strip of land two feet wide by 1,705 feet in length which is located between the eastern limits of Laurel Hills Subdivision (3rd and 4th Additions) and the 60 foot right of way of West Industrial Avenue, at the western limits of Boynton Industrial Park North (see Exhibit "B"). The following is a description of the land uses and zoning designation of the properties that surround this site: Right-of-way (285 feet in width) for Boynton Canal (C-16), farther north (across canal) property classified Industrial (I), zoned Planned Industrial District (PID) and developed as industrial uses; Page 2 Memorandum No. PZ 06-132 ZNCV 06-008 South: Tract "B" including a 50 foot easement along the west property line of Boynton Industrial Park classified Industrial (I), zoned Light Industrial (M-l), and developed as industrial; East: Right-of-way (60 feet in width) for West Industrial Avenue, and farther east property classified Industrial (I), zoned Light Industrial (M-l), and developed with industrial uses as Boynton Industrial Park North; and, West: Property classified Low Density Residential (LOR), zoned Single Family Residential (R-1A), and developed as a single family residential subdivision (Laurel Hills, 3rd and 4th Additions). NATURE OF REOUEST The subject property is a two (2) foot strip of land platted as part of Boynton Beach Industrial Park North. The subject property lies between a residential subdivision (Laurel Hills) and a 60 foot right-of-way (West Industrial Avenue). Currently, there is a masonry buffer wall located on the subject property, but over the years it has fallen into disrepair and must be replaced. The Boynton Industrial Park Property Owners Association, Inc., owner of the subject property, is requesting a zoning code variance to seek relief from Chapter 2, Section 4.L. of the current Land Development Regulations which states as follows: L. BUFFER WALLS. For new construction or major modification to existing developments, where a commercial and/or industrial district abuts a residential district, a solid, stucco masonry wall painted on both sides at least six (6) feet in height shall be located within the required side and/or rear yards except with respect to corner lots, said buffer walls shall be required only on interior lot lines. Said buffer walls shall not abridge any easement rights or be constructed over any existing utilities in any easement area and shall be setback two (2) feet from adjoining property lines. The applicant explains that due to the narrowness of the subject property and the existing easements, a masonry wall can not possibly comply with the current setback requirement of two (2) feet without encroaching into the adjacent FPL easement located within the right-of-way. The applicant is proposing to construct a steel privacy fence (in lieu of the masonry wall) within the two (2) foot wide strip owned by the Industrial Park, in order to comply with the setback and encroachment restrictions of buffer walls. Industrial properties, due to the intensity of their uses, are required to provide for additional buffering to minimize land use conflicts when located adjacent to residential neighborhoods. Landscaping elements, including dense vegetation, berms, and buffer walls, can provide effective barriers, and mitigate the impacts of unattractive views, vehicle headlights, and noise, without sacrificing the functional necessities of the industrial site. Page 3 Memorandum No, PZ 06-132 ZNCV 06-008 The buffer wall is required only along the west property line of the Boynton Industrial Park North where it is adjacent to residential lots. The west property line of the Boynton Industrial Park North runs north and south, parallel with West Industrial Avenue, for a length of 1,705 feet. The west property line also comprises the rear property lines of the adjacent residential lots in Laurel Hills. The buffer wall is required to be at least six (6) feet in height and located at least two (2) feet from the property line so that it can be maintained without trespassing onto adjacent properties. The applicant is proposing to construct a six (6) foot steel fence in lieu of the required minimum six (6) foot masonry wall. The variance request is to the construction material of the buffer wall, and is necessary to comply with the required setback and prevent encroachment into an easement. The proposed steel fence is manufactured by Basteel Perimeter Systems (www.Basteel.com) and consists of precision-formed, high strength steel posts, rails, and panels, all galvanized for superior corrosion resistance, with a custom bonded color-coat finish intended to resist fading, chalking, and peeling (see Exhibit "e"). This low maintenance fence is hurricane-rated for 140 miles per hour wind load and consists of a unique, alternating panel design which promotes air flow, yet provides screening. The panels are finished on both sides for an equally attractive front and back of the fence. The applicant proposes a six (6) foot white steel fence to replace the worn masonry louvered fence/wall. A few sections of the proposed fence have been installed on the subject property for inspection purposes. BACKGROUND Boynton Beach Industrial Park North was platted in 1981 (Plat Book 43, Pages 20-22) and includes the following note under Dedication and Reservation 2. Easements C. "The 2.00 foot limited access easement along the west line of the plat as shown hereon is for the construction and maintenance of a buffer wall and is hereby dedicated to the Boynton Industrial Park Property Owner's Association, Inc. and is the perpetual maintenance obligation of said Association". Within the area reserved for the buffer wall is a two (2) foot wide limited access easement which is indicated on the recorded plat and survey submitted. The applicant indicates that the existing masonry (louvered) buffer wall was constructed in the early 1980's and met the zoning code requirements at the time. However, the existing buffer wall does not comply with the two (2) foot setback from the adjoining residential property which is required by the current code. Therefore, the existing buffer wall is considered to be a nonconforming structure by today's standards. A nonconforming structure may undergo normal maintenance and repair and remain nonconforming. However, total replacement of the wall is necessary, and a new wall is required by the code to comply with current requirements. Justification for the requested variance was submitted by the applicant (see Exhibit "D"). The applicant's justification statement indicates that due to the narrow (2 foot) width of the subject property, and an adjoining FPL utility easement within the right-of-way, replacement of the existing masonry wall with another masonry wall would require large continuous footers which would either not comply with the two (2) foot setback, or would encroach into the FPL easement Page 4 Memorandum No. PZ 06-132 ZNCV 06-008 and right-of-way, or both. FPL's letter states that no encroachment into the easement will be allowed (see Exhibit "E''). The City Engineer has reviewed the applicant's request and finds the following: (1) that the repair or replacement with a masonry wall is impractical due to the limited width (two-feet) of the limited access easement and its location at the edge of a FP&L easement; and (2) that the proposed steel fence, in lieu of the masonry wall, is compatible and meets the intent of the requirement to screen the industrial uses from the adjacent residential uses (see Exhibit "F"). ANALYSIS The Board has the authority to grant a variance that will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the city ordinance would result in unnecessary and undue hardship. However, the code states that a 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. The narrow strip of land on which the subject buffer wall is required to be installed lies between a residential subdivision and a 60 foot right-of-way. The two (2) foot wide strip of land contains a two (2) foot limited access easement for maintenance of the required buffer wall. The plat for Boynton Industrial Park indicates that the two (2) foot limited access easement is included within a six (6) foot Florida Power & Light utility easement. Replacement of the existing masonry wall is necessary due to disrepair. However, replacement with a similar masonry louvered wall would use of a crane, which staff understands to be precluded by the existence of overhead power lines within the FPL easement. Current code requirements regarding setbacks and easement encroachment cannot be met without the requested variance due to site constraints. b. That the special conditions and circumstances do not result from the actions of the applicant At the time the existing buffer wall was constructed, it complied with code requirements. Due to code revisions since then that stipulate that "said buffer walls shall not abridge any easement rights or be constructed over any existing utilities in any easement area and shall be setback two (2) feet from adjoining property lines", a variance to this provision is required, and is not due to 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. This site and it's constraints present a unique situation that is not applicable to others in the same zoning district. The granting of the variance will not confer any special privilege on the applicant that is denied by the ordinance to others. Page 5 Memorandum No, PZ 06-132 ZNCV 06-008 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. Literal interpretation of the provIsions of the ordinance regarding the buffer wall requirements would present an undue hardship on the applicant. Due to the two (2) foot width of the subject property and the adjacent utility easement, it is not possible for a masonry wall to comply with the two (2) foot setback, and not encroach into the adjacent utility easement. The utility provider (FPL) has denied permission to encroach into the easement (see Exhibit "E"). e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. The applicant is requesting the minimum variance, in that the variance requests a buffer wall of an alternative material other than masonry, to allow the proposed buffer wall to comply with the required setback and not encroach into the adjacent utility easement. The applicant is proposing to construct a six (6) foot high steel fence which is hurricane- rated for 140 mile per hour wind speeds, in lieu of a masonry wall. 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. The granting of the variance will meet the general intent and purpose of the ordinance, which is to buffer industrially-zoned property from residentially-zoned property with a continuous barrier. Granting of such variance will not be injurious to the area or detrimental to the welfare of the public. g. Variances to minimum lot area or lot frontage requirements, that property is not available from adjacent properties in order to meet these requirements, or that the acquisition of such property would cause the adjacent property or structures to becoming nonconforming. Applicant shall provide an affidavit with the application for variance stating that the above mentioned conditions exist with respect to the acquisition of additional property. This criteria is not applicable to the requested variance. The requested variance is to the building materials of the required masonry wall, not a variance to the minimum lot area or lot frontage requirements. RECOMMENDATION Staff recommends approval of this request for a variance from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 4.L - Buffer Walls, to allow a steel fence in lieu of the required minimum six (6) foot high stucco masonry buffer wall to separate an industrial district from the abutting residential district. It is the position of staff that the Page 6 Memorandum No, PZ 06-132 ZNCV 06-008 applicant has demonstrated that this request represents an undue hardship or the minimum necessary to make possible the reasonable use of the property. The purpose of the buffer requirement is to provide a visual and noise barrier between the residential and industrial properties. Due to site constraints, there are no alternative solutions which comply with the code requirements without the need for the requested variance. Staff conditions and any other condition(s) recommended by the Community Redevelopment Agency Board or the City Commission will be included in Exhibit "G" - Conditions of Approval. S:\SHRDATA\Planning\SHARED\WP\PROJECTS\Boynton industrial Park North\ZNCV 06-008\staff report buffer wall.doc MWR/kz 3090 0140 3040 0102 0111 0101 0090 0060 SUBJECT PROPERTY 0050 0040 0030 0020 0010 Exhibit "A" - Boynton Industrial Park North Location Map II) ,.. IIJ IIJ ~ II) II) I&. 0 N ,.. IIJ IIJ ~ II) ~ .. i i '" >- oJ ;:) ., 1&1 ... <( Q : ~ ~ -~--, I!~ ! il 0 _u_ ,~ I c:(~ 0 . I I .,Ill I: -=___ t-<!) . O:::tC ~ ~ ::)- - !il o - --..- l.L.~ III Ii 1:w:!Q .' . 0 ---- (/)0 ..; .: ~ 1m,..... 11 -- !Q::: ~~ --? .. Ii IQ ~ -1- !Q lilt W 0: 10 :::> !Q c:( --.J ., !Q I I. ....... (. ",.., .. ........ t. -.... .. If) llt --~ L ....... P'& .....~ .. .......... u..... co It. ....WI. ....... N li J .. , .~~ ~ 'HI Ira ~ II : ! . - ':. 10 . r- e --~1.l ,~.: ~ ~ ~-- j l' I :w: ~ ... . i! o -. 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WEST PL BOYNTON BEACH INDUSTRIAL PAR NORTH ,?>I ~ I I I I 1 I (I' WI[IE C TPIF I ----1 I' ~ ~ (II ~ ~ 0.67' CONe. ro'b 0,' , 3' n LL o n f- W w I (f) IBIT B !\ \! i u~i .= ~ ~i >'5 Ii 0 t: <i ~~ S I ~~ "E i! ~ ~ It ~~ I~ = .ii I~HII ~ ~ XI ~ ~ a ~ ~ .b~ ~~ >>~ ~~ ~ ~ ~ ~ ~ ~ i.... ..J W Z <{ D.. Il"di! blllbilllll IIIIIlIIDII ! ,g1..!t'H~' 1',11 Ililll. Imliilllilh IIIIlIIIIIIHI 1'''l1:+.~,n. ~i ~!k iiil!:!il:mdl mmDIII , l!.,~.lollj bl II, LII:~IIII il!lililllillll \llllIIIIIIIID ....ll4llk I L-.._J Q: "l:: :::::., C:::s C---) < S2 '-- '--l ~ Lw ~ G L.c_ Lw '--- ~ ~ 2: --J ~ 8 ~ -' L-' ~ LW = <C CL- I l" 2.::.. / /"= ). l..'-J3 1./' l...J......J ~ CL- --.J~, = ~- ~~ ~,tj , ~ '-u (.--] ::"" <C -~-- "-" I, ~sl ~=I . L '-- -l o ~ ~ ~~ [::jei! 0- = I-~-----" ---II ~ c ,-<:: g \ ~ "s \~~= \:I:: a..: "- II 1 ,~ ~ ::r , cW :3< ~CL ~~ LW = ~~ Cc. ;:::ro :5 ,/C ", \ ~ = u c ~ 2= :=: -<I: >-- '-"-J = EXHIBIT "e" 0. ! i Q' Q, cO Q, -iSo~ :..s:= Cl..- ~-""" ----1~ g ?- U-J ~~ ~ ~ I c==:'coO- j I ",.~ ~L ~ .J (/) ~ w W t- en (/) -+-> >- en 0 CL- (/) ~ W 0:: = ::> W [q- t- :;,,- t- w :?: (/) 0:: w Q. <( (!l BOYNTON INDUSTRIAL PARK POA, INC. 250 N.E. Dixie Highway Stuart, FL 34994 April 25, 2006 City of Boynton Beach Planning & Zoning Division P.O, Box 310 Boynton Beach, FL 33425-0310 Subject: Code Variance - Buffer Wall- West Industrial Avenue Gentlemen: Please consider the following prevailing conditions and circumstances that prohibit compliance with existing City of Boynton Beach Codes; Chapter (2) Section (4) Reference (L) in replacement of existing decr:epit buffer wall. A. Strip of land, owned by BIPPOA on which subject buffer wall is required to be installed, is only two (2') feet wide and is l<Xiated at the western extremity of a long standing FPL Utility' Easement ER No.7034 granted August 19, 1961 (O.R.B. 672, Pgs. 40-41) and the eastern extremity of Laurel Hills Third Addition (Plat Book 23, Page 126) and Fourth Addition (Plat Book 23, Page 142), B, The dedicated property on which the present buffer wall was constructed during early 1980's by developer complied with the codes in existence at that time. Allotted space is inadequate for compliance with current codes without variance. C. We are unaware of any similar circumstances in zoning district that would be adversely affected by requested variance. D. Code requirements for building a concrete, masonry or stucco wall without encroaching on another property or easement is not possible within the 2' strip of land owned by BIPPOA. Enclosed please find copy of a letter from Florida Power & Light, dated April 7, 2006 and under the signature of Joseph O'Hagen, which denies any encroaclunent upon their easement. This obviously produces an Wltenable hardship ,",pon land and BIPPOA. EXHIBIT "D" "t" I I "I' "'" \1,1,1 .. \I. J" V r I. j Page 2 E. The only alternative we have found meeting the 140 mph hunicane code and feasible to install within the 2' space is the Basteel shadow box buffer. wall/fence. By granting variance requested a very aesthetically pleasing and protective buffer intended by . the code can be realized. . F. Chapter (2), Section (4), Reference (L) is achieved and is in no way potentially detrimental of public welfare. G. There is no practical alternative land available for acquisition by BIPPOA on which a buffer wall that meets existing codes could be constructed. We appreciate your consideration in granting our variation request. Sincerely, ~ . Merle DenBesten, Vice President AFFIDA VlT: This is to certify that no conditions exist whereby additional adjacent land could be acquired by BIPPOA for purpose of constructing of Buffer Wall between Laurel Hills Third and Fourt dditions and West Industrial Avenue. Signed: Vice President for Boynton Industrial Park Property Owners Association, Inc. SWORN AND SUBSCffiED BEFORE ME THIS ;J 5 TH DAY Of J...... ,./ , 2006 rIfL4- NOTARY: Commission Expires: eAp r, 24, 2006~' 1: 21 PM2M2~VF"'IEER SE ~ ..1Nt:. L~ No, 3035~ p, ., - F=PL. FlarWI hMr. utM CoIIpMJ, '.0. ...14Illl...... ......... .. EXHIBIT "E" April 7, 2006 Mr. Richard Ko~ll. Prmdent Boynton Beacb Property 0wDeI:S Association, Inc. 2S0 N. E. Dixie Highway Stu8d, FL 34994 RE: Use of Florlda Power & Light EMement De. Mr. KozeJl: YC)Ut Association has aaed penniS$ion to encroadl into the easement for the trJbtmi~ion right-ot-way liong the 'west 3idc ~f West Industrial Avenue in Bo)'D1On Beach.. At present. the easement is mucll natrOweJ: in 'Widtb than the standanb ~ use for acquiring tbC$C property rights. The opcratioos engineers ofFlOIida Power & Light Company would not be able to repair OJ: Rplace the existing pole strud:u1'cs ifwe allowal the A$sociation to encroach by Wee feet into the f:alleIDeDt for a sttuctm:aJ footiDs for the new fence. At p-esem there is only . four foot scpamion from the existing feoce to the wooden pole sttuctw'e$.A , Florida Power & Light CornplmY cannot allow the use of this rigbt--of-way for the proposed fence. Pleese consider Othf:f options for a feMe without intrudi1lg ~ the easement. If you need any additional blfurmation, please let me know. S~ly, Florida Power &; Light Company t!r-. . t.)'7?lt1j ~ 100, Joseph O'Hagan Corporate Real Estate Copy; Michael W. Rumpf, DirectQr ofPlaoning and Zoning Il1O WI. GJIMIII c..".", EXHIBIT "F" DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 06-069 TO: Ed Breese Principal Planner FROM: Kathleen Zeitler Planner <i H. David Kelley, Jr., PEIPSM )~:;// City Engineer DATE: June 23, 2006 SUBJECT: Buffer Wall Variance Boynton Industrial Park North Pursuant to your e-mail dated yesterday, we have reviewed your request in regards to the installation of a metal fence in lieu of a "stuccoed masonary wall and/or a engineered pre-cast concrete slat wall, etc. Since the record plat reflects only a 2-foot Limited Access Easement (LAB) between the record plat property line and the edge of a FP & L easement, a replacement wall of this type and size would be impractical. Therefore, the repair/replacement of the required masonry material is not recommended. Upon review the material for the proposed Basteel Perimeter System steel wall, we find it to be compatible and meets the intention of the original development condition of a screen wall between this industrial development and the residential units to the west. Maintenance will also be an added benefit in that it will require less effort. Therefore, it finds this alternative acceptable to the original condition. If you have any questions regarding this matter, please me at telephone extension #6988. xc: Laurinda Logan, PE, Senior Engineer File S:\Engineering\ Memorandums\Memorandums 2006\06-069 KELLEY- Industria! Park North Buffer Wall Varience,doc EXHIBIT "G" Conditions of Approval Project name: Boynton Industrial Park North Buffer Wall File number: ZNCV 06-008 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 FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: None ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD COMMENTS Conditions of Approval 2 I DEPARTMENTS I INCLUDE I REJECT I Comments: 1. To be determined. ADDITIONAL CITY COMMISSION COMMENTS Comments: 1. To be determined. S:\Planning\SHARED\WP\PROJECTS\Boynton Industrial Park North ZNCV\ 06-008\COA,doc Boynton Industrial Park North Buffer Wall Variance Relief from Chapter 2, Zoning, Section 4.L - Buffer Walls, to allow a six (6) foot steel privacy fence along the west property line of Boynton Industrial Park North, in lieu of the required six (6) foot stucco masonry buffer wall. L. BUFFER WALLS. For new construction or major modification to existing developments, where a commercial and/or industrial district abuts a residential district, a solid, stucco masonry wall painted on both sides at least six (6) feet in height shall be located within the required side and/or rear yards except with respect to corner lots, said buffer walls shall be required only on interior lot lines. Said buffer walls shall not abridge any easement rights or be constructed over any existing utilities in any easement area and shall be setback two (2) feet from adjoining property lines. The subject property is a two (2) foot strip of land platted as part of Boynton Beach Industrial Park North. The subject property lies between a residential subdivision (Laurel Hills) and a 60 foot right-of-way (West Industrial Avenue). Due to the narrowness of the subject property and the existing easements, a masonry wall can not possibly comply with the current setback requirement of two (2) feet without encroaching into the adjacent FPL easement located within the right-of-way. The applicant is proposing to construct a steel privacy fence (in lieu of the masonry wall) within the two (2) foot wide strip owned by the Industrial Park, in order to comply with the setback and encroachment restrictions of buffer walls. The applicant proposes a six (6) foot white steel fence to replace the worn masonry louvered fence/wall. This low maintenance fence is hurricane-rated for 140 miles per hour wind load and consists of a unique, alternating panel design which promotes air flow, yet provides screening. The City Engineer has reviewed the applicant's request and finds the following: (1) that the repair or replacement with a masonry wall is impractical due to the limited width (two-feet) of the limited access easement and its location at the edge of a FP&L easement; and (2) that the proposed steel fence, in lieu of the masonry wall, is compatible and meets the intent of the requirement to screen the industrial uses from the adjacent residential uses. It is the position of staff that the applicant has demonstrated that this request represents an undue hardship or the minimum necessary to make possible the reasonable use of the property. The purpose of the buffer requirement is to provide a visual and noise barrier between the residential and industrial properties. Due to site constraints, there are no alternative solutions which comply with the code requirements without the need for the requested variance. Staff recommends approval of this request for a variance from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 4.L - Buffer Walls, to allow a steel fence in lieu of the required minimum six (6) foot high stucco masonry buffer wall to separate an industrial district from the abutting residential district. Issues with Buffer Wall Variance Variance to type of materials (masonry vs steel) and type of barrier (wall vs fence). Would it be better to request a variance to the 2 foot setback instead and build a masonry wall? Can footer for masonry wall be within the 2' limited access easement without encroaching into the adjacent FPL easement in R/W or the adjacent residential lots? NO. TYPICAL DETAIL SHOWS FOOTER IS 3 FEET WIDE WOULD EXCEED 2 FOOT LAE WIDTH AND ENCROACH FPL EASEMENT.