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O87-08 ORDINANCE NO. 87-~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY REZONING A CERTAIN PARCEL OF LAND WITHIN THE cITy OF BOYNTON BEACH, FLORIDA FROM R-1AAA (SINGLE-FAMILY RESIDENTIAL) TO M-1 (LIGHT INDUSTRIAL), SAID PARCEL BEING MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE REVI~SED ZONING MAP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. W~R. REAS, the City Council of the City of Boynton Beach, Florida, has heretofore adopted Ordinance No. 80-19, in which a Revised Zoning Map was adopted for said City; and WHEREAS, Max Schorr, Trustee, has heretofore filed a Petition with the City of Boynton Beach, Florida, pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a certain parcel of land within the municipal limits of said City, said property being more particularly described hereinafter, from R-1AAA (Single-Family Residential) to M-1 (Light Industrial); and WHEREAS, the City Council deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The following described land, located in the City of Boynton Beach, Florida, to-wit: A parcel of land in Government Lot 1, Section 17, Township 45 South, Range 43 East, County of Palm Beach, State of Florida, more particularly described as follows: Beginning at the northeast corner of Section 17, Township 45 South, Range 43 East; (beginning point also being the northeast corner of Government Lot 1); thence running South 01°21'38'' East, along the East line of said Section 17 and Government Lot 1, a distance of 1311.10 feet to a point on the North corporation line of Boynton Beach (as referred to in Official Record Book. 1804, Page 225), thence running South 88°38'41'' West, along said North corporation line a distance of 413.43 feet to a point; thence running north 00°12'57'' West, a distance of 1310.76 feet to a point on the North line of said Section 17 and Government Lot 1; thence running North 88"33'21'' East, along said North line, a distance of 387.04 feet to the point of beginning, LESS the East 40.00 feet thereof and containing 10.841 acres more or less. be and the same is hereby rezoned from R-iAAA (Single-Family Residential) to M-1 (Light Industrial), subject to staff comments which are attached hereto, and incorporated herein, as Exhibit A. Section 2: That the aforesaid Revised Zoning Map of the City shall be amended accordingly. SeCtion 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5: This Ordinance shatt ~become effective immediately upon passage. 1987. FIRST READING this SECOND, FINAL READING and PASSAGE this , 1987. I? day CITY OF BOYNTON BEACH, FLORIDA V~ce Mayo~ Coun~ l~Member Council ~,~=mDU/ ATTEST: ~ . City ~rk- 6A6 THE HIGH RIDGE CENTER REZONING EXHIBIT "A" MEMORANDUM 2 February 1987 TO: Chairman and Members planning' and Zoning Board FROM: RE: Carmen S. Annunziato Planning Director The High Ri_dge Center - Rezoninq Application summary: Roy Barden agent for M~x Schorr, Trustee, is reqUesting that a 10184 acre parcel be rezoned f.rom R-1AAA, Single-Family Residential, to M-l, Light Industrial. The Future Land Use Plan designation for this parcel is to remain unchanged (Industrial Commercial). The property is currently vacant and is heavily wooded, with sandpines occupying most of the property. The proposed use of the property is a small industrial/warehouse development to consist of a maximum of four parcels (see attached Master Plan). Cu~'rent zoning/Proposed Zoning (see attached location mao: Prior to annexation, the property was zoned RS, Single-Family Re~:idential, in Palm Beach County. The RS zoning reflected the laird use that was originally anticipated for the entire area ly~.ng between the Miner Road corridor and the Boynton Canal; naively, low density residential. In September 1985, the City Council voted to approve the annexation of the subject property and the rezoning of the property to the City's R-1AAA zoning . district. It was then the applicant's intent to seek a rezonlng a~ Future Land Use Element Amendment to allow development of th%s site as a Planned Industrial Development. It was necessary fo:~ the applicant to annex under a residential land use and zo:%ing category, as he was precluded from requesting an in, tustrial land use classification and PID zoning because the mii~imum lot area for PID's is 25 acres, and unless the property wa~ annexed, no relief could be granted to the minimum lot size reluirement. On December 8, 1986 the Board of Adjustment met to the applicant's request for a variance to the minimum co lo Ho an Co su az S~ ~sider t area for zoning to PID, at which time the request was denied. wever, on December 16, 1986 the City Council proceeded to adopt ordinance which amended the Land Use Element of the mprehensive Plan, changing the future land use category on the bject parcel from Low Density Residential to Industrial, as the quest was consistent with Comprehensive Plan policy for this ea of the City. The change in land use has provided the amework for the applicant to request a rezoning from R-iAAA, ngle-Family Residential to M-l, Light Industrial. Surrounding Land Use and Zoning: The property to the east of the ~ubj~ct parcel is in an M-1 Light Industrial zoning district, which is separated from the subject parcel by High Ridge Road. This M-1 district is currently being developed for warehouse and light industrial uses. To the south of the subject parcel is a portion of the Quantum Park of Commerce, which is proposed for industrial uses. To the southwest and southeast is a vacant parcel lying partly in the City and partly in the uninccrporated area. This parcel is presently zoned for single-family use, however, it is anticipated that it will eventually be placed in an industrial land use category and developed as a PID. The Evaluation and Appraisal Report, in fact, recommends an industrial land use category for this parcel. Comprehensive Plan - Future Land Use Map: The Future Land_Use Pla~ shows this property to be under th~ "Industrial" category. Therefore, an amendment to the Future Land Use Plan would not be necessary. Comprehensive Plan -~Text: The following Comprehensive Plan Policies are relevant to this application: Area 49 Unincorporated parcels at the southwest corner of Miner Road Extended and High Ridge Road. "This is an unincorporated enclave that should be annexed. These parcels should eventually be placed in the "Industrial" land use category and developed as Planned Industrial Developments, where the parcel size permits and should be developed in a manner similar to the adjacent Boynton Beach Park of Commerce." (P-Ii, 12/16/86 addendum) "Encourage the complete development of industrial land as -.- industrial parks or concentrated industrial areas in order to maximize the linkage between complimentary industries". (P-39) "Ensure through site plan review procedures that maximum buffering to adjacent residential areas is provided." (P-39) "Recommend that vegetative screening be required between industrial developments and residential zoning districts." (P-9, 12/16/86 addendum). "As a minimum, 25 percent' of all native plant communities which occur on a site (e.g. Pine Flatwoods, Sand Pine Scrub, Xeric Oak Forest, Hardwood Hammock, etc.) shall be preserved." (P-6, 12/16/86 addendum) "Habitat shall be preserved with intact canopy, understory, and ground cover." (P-6, 12/16/86 addendum). "Discourage noncompatible development in scrub habitat". (P-6, 12/16J86 addendum) "Minimize development which would exacerbate surface and subsurface water quality". (P-6) "The City should require the use of "'best management practices" in new development in order to reduce pollution associated with non-point sources-~' (P-28) "During land clearing and site preparation, wetting operations or other soil treatment techniques appropriate for controlling unconfined emissions, including seeding and mulching of disturbed shall be undertaken and implemented' by the developer." areas, (P-8, 12/16/86 addendum) Is~- Ordinance 86-10 requires that the Planning Department ~a-~te land use amendment/rezoning requests with respect to the following issues: a. '~Whether the proposed rezoning would be consistent with applicable comprehensive plan policies. The Planning Department shall also recommend limitations or requirements which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan." The current Comprehensive Plan encourages the development of "concentrated industrial areas". The proposed development would function as an extension of the 540-acre Quantum Park of Commerce and therefore would serve to create a concentrated industrial area. In order to prevent the "indiscriminate destruction of native veaetation"o it is recommended that the developer preserve 20% of th~ site as~a sand pine preserve, as the PID regulations require 20~ of the site to be preserved as open space, which should be construed to mean open space which is above and beyond the landscaped areas which are required for parking lots. The Urban Forester s memorandum, which is attached to this report, outlines ~e~easures which will be necessary for preserving sand pines on In order to provide buffering between the proposed industrial development and future residential development to the north, a greenbelt with a width of 40 feet is recommended along the northern property line. This greenbelt is a requirement of the PID regulations. Along the eastern, southern, and western property lines, this greenbelt is required to be at least 25 feet wide and is also recommended for this project. In order to "Minimize development which would exacerbate surface and subsurface water quality" the following conditions should be imposed: (1) Truck well drainage systems should be designed and ~aintlined to include oil and grease receptors and open bottom sedimentation sumps as pollution retardant structures. Parking areas and roadways adjacent to truck wells should be designed to divert runoff to storage and exfiltration on-site prior to discharge into the surface water management system. (2) Prior to occupancy, each specific tenant or owner that uses, handles, stores, or displays hazardous materials or generates hazardous waste should meet the following requirements: (a) The tenant or owner should construct an appropriate spill containment system which should be designed to hold spilled hazardous materials for cleanup and to-prevent such materials from entering the storm water drainage system. In addition to a containment system, tenants or owners should develop an appropriate early warning system for hazardous materials and wastes. The tenant or owner should also submit to the City a hazardous materials response plan. These containment, monitoring, and response systems should be approved by the City in accordance with the Environmental Review Permit procedure. (b) Generation and disposal of hazardous waste effluents into the sanitary sewer system should be prohibited unless adequate pretreatment .facilities are constructed by tenants or owners generating such effluents. Pretreatment facilities should be approved by the City in accordance with the Environmental Review Permit procedure, and should comply with Chapter 26, Article IV. "Sewers" of the City of Boynton Beach Code of Ordinances. In order to minimize erosion and reduce blowing sand, clearing of building site should not commence prior to development of the site. Furthermore, during land clearing and site preparation, wetting operations or other techniques for controlling blowing sand should be undertaken and implemented by the developer. b. "Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare." It is a policy of the Evaluation and Appraisal report that all of the property south of Miner Road be placed in an "Industrial" land use category. This recommendation was based upon the fact that the M-1 zoning to the east of the subject parcel, and the establishment of the Quantum Park of Commerce to the south and 4 west of the subject parcel, has established industrial development as the predominant land use in the area. c. "Whether changed or changing conditions make the proposed rezoningdesirable." As stated in the paragraph above, the surrounding areas to the east, south and west are developing for industrial use. Therefore, development of the subject parcel for industrial use would be desirable, provided that it is developed as a high quality industrial park. d. "Whether the proposed rezoning would be compatible with utility systems, roadways, and other public facilities." The following analysi-~ assumes that the proposed develoment would contain approximately 182,000 square feet of industrial/warehouse floor space, and would employ approximately 434 persons. By comparison, R-1AAA zoning on the subject parcel would allow for the construction of 32 single-family dwellings, and would house approximately 100 persons. The proposed industrial and warehouse uses would consume 4,000 to 8,000 gallons of water per day compared to 13,000 gallons per day if the property were to be developed for single-family housing. Water is available from an existing water main in High Ridge Road. Sewage generated by the industrial and warehouse uses would range from 1,700 to 6,500 gallons per day, compared to 7,500 gallons per.day for residential uses. A sewer connection is available from a manhole located on the eastern property line. The demand on utility systems would be less than or equal to that which would occur under the current zoning, and could be accomodated by the City's utility systems. Traffic generated by the proposed development would be approximately 1,000 trips per day, with 200 trips entering and exiting in the evening peak hour. Development under R-1AAA zoning, by comparison, would generate 320 trips per day. The traffic generated by this project would not be substantial enough to warrant major improvements to the surrounding roadways. Roadway improvements which will be made in the vicinity as part of the Quantum Park of Commerce will generally be adequate to serve the subject parcel. These roadway improvements include the 4-1aning of 22nd Avenue from Seacrest Boulevard to Congress Avenue and construction of left and right turn lanes at High Ridge Road and N.W. 22nd Avenue. The applicant should, however, be required to construct left turn lanes,, northbound, at High Ridge Road and Industrial Way and High Ridge Road and Miner Road, and should also be required to construct Miner Road as an arterial, and Industrial Way as a collector, to the western limits of the parcel. Both of the roads which abut the proposed development are collector roads, therefore, access to these roads should be 5 lfmited, in order to maintain efficient flow. The Planning Department recommends that access to the proposed development be limited to two access points: (1) A driveway on Miner Road at the western boundary of the property; (2) An access point on High Ridge Road at the center of the property, aligning with Industrial Way. An 80 foot-wide collector road should be dedicated and built to the western edge of the property at this location, in order to provide access to the parcel Which lies to the west. The applicant could then provide a marginal access road running to the north and south, which would serve all four lots. The applicant should also be required to pay a proportionate share of the cost of signalizing this intersection, if ~nd when a signal is warranted. Furthermore, the applicant should be required to dedicate additional right-of-way for Miner Road, in order to obtain half of the 108-foot right-of-way which will be required for Miner Road. e~ "Whet~.er the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent and nearby properties.:' If the property is developed as a high-quality industrial park, similar to the Quantum Park of Commerce, it could be anticipated that such development would be compatible with surrounding land uses.- ~.f. "Whether the property is physically and e6onomically developable under the existing zoning". It is arguable that the subject property, together with the 52-acre parcel which lies to the west, could still be developed for low density housing, however, due to the M-1 zoning which lies to the east, and the industrial and office development which will occur to the south and west, the subject parcel can no longer be considered to be an appropriate location for residential uses. g. "Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole." Demand for warehouse and light manufacturing floorspace occurs at the regional level as opposed to the local level. The applicant has submitted a market analysis, which indicates that there is a strong regional demand for warehouse and high-technology manufacturing space. Based upon the absorbtion rate which was projected for the Quantum Park of Commerce, it can be anticipated that build-out of the' subject property would take approximately seven years. h. "Whether there are adequate sites elsewhere in the City for the proposed use, in districts where such use is already allowed." T~e Quantum Park of Commerce, Boynton Beach Distribution Center, ~and Nigh Ridge Commerce Park are all existing approved developments which contain 250 acres which are suitable for light industrial/warehouse development. There are also abOut 150 acres of vacant industzial property located in other areas of the City. The subject parcel should be considered, however, to be part of the cluster of light industrial and commercial developments centered around ~NW 22nd Avenue. This is the only part of the City where the opportunity exists for the development of large scale industrial/office development. By comparison, there are numerous sites elsewhere in the City, and particularly in the unincorporated area west of the City, where Large-lot, single-family homes could be built. Conclusions/Recommendations: The most appropriate zoning for this property would be as a Planned Industrial Development, with uses similar to those which will be allowed in the adjacent Quantum Park of Commerce. However, since the application to rezone to PID~has been precluded by denial of the minimum lot area variance by the Board of Adjustment, it would be appropriate to rezone the subject parcel to M-l, Light Industrial, consistent with Comprehensive Plan Policies which require the development of this property for light industrial land uses. As previously mehtioned, the Land Use Element of the ComprehensiVe Plan has recently been amended to place this property in'an "Industrial land use category. If the property is developed in accordance wi~h staff comments, which include conformance with PID design standards, handling of hazardous materials, and limitations on access, development of this property would be compatible with surrounding land uses, including the Quantum Park of Commerce. Therefore, the Planning Department recommends that this rezoning request be approved, subject to the staff comments and recommendations contained in this memorandum which have been summarized below: STAFF RECOMMENDATIONS BASED ON EXPLICIT CODE REQUIREMENTS: 1. Provide buffering between the proposed light industrial development and future residential development to the north, using a greenbelt with a width of 40 feet along the northern property line. This greenbelt is required by the PID regulations. Along the eastern, southern, and western property lines, this greenbelt is required to be at least 25 feet side (Sec. 7.H.17 of Appendix A, p. 1928). 2. Preserve 20% of the site as open space. The PID regulations require this open space, which should be construed to mean open space which is above and beyond the landscaped areas which are required for parking lots (Sec. 7.H.13 of Appendix A, p. 1928). 7 3~ Once the open space areas has been established and delineated ~on the site plan, the area should be protected from any encroachment. This includes not allowing the area to be used for water drainage or on-site water retention. The developer should consider the location of this open space in the overall design of the project to assure that the area remains in its natural state. (Sec. 7.5-15 on p. 6~0 and Sec. 7.5-24 on p. 604). 4. Submit an accurate and detailed tree survey showing the location of all $~d Pin~ trees over 6" in diameter. Any groups of trees of smaller diameter can be shown on the survey as "clusters" of the tree species (Sec. 7.5-7., p. 597). 5. Construct Miner Road and Industrial Way to the western limits of the parCel. This requirement is based on Article X, Sec. 10 of Appendix C (p. 2137), which states: The proposed subdivision street layout shal~ be coordinated with the street system of the surrounding area and consideration shall be given to existing and planned streets, relation to topographic conditions, public convenience, safety, and their appropriate relation to the proposed use of land to be served by such streets. The arrangement of streets in new subdivisions shall provide for the continuation of existing streets in areas not subdivided, and the arrangement of streets in new subdivisions shall provide for the proper projection of streets. When a new subdivision adjoins unsubdivided land, then the new street, where necessary, shall be carried to the boundary of the tract proposed to be subdivided to promote reasonable development of adjacent lands and provide continuity of street systems. (6) Construct Miner Road as an arterial, and Industrial Way as a collector, with a 108-foot wide right-of-way for Miner Road and an 80 foot wide right-of-way for Industrial Way. (Article X, Sec. 19 of Appendix C, 2147). (7) Dedicate additional right-of-way for Miner Road, in order to obtain half of the 108-foot right-of-way which will be required for Miner Road (required by Article X, Sec. 10 of Appendix C (p. 2137) in the Subdivision Regulations, and required by the Thoroughfare Plan, on page 65 of the Comprehensive Plan, which is adopted by Sec. 19-7 of the Code of Ordinances). (8) Limit access to the site to two points: (a) A driveway on Miner Road at the western boundary of the property. (b) An access point on High Ridge Road at the center of the property, aligning with Industrial Way. The _applicant could then provide a marginal access road running to the north and south, which would serve all four lots. The ~equirements listed under (8) above are necessary to conform to Article X, Section 1, of Appendix C (p. 2130) which states that "The sub~ivisio~ shall be designed to accomplish access to the lots by the use of ~ocal streets~.Where access is desired along collector or artsrial streets, it shall be provided by means of a marginal access (9) Make the follow~ng improvements to the intersections of High Ridge Road and Industrial Way and High Ridge Road and Miner Road: (a) Construct a left turn 1.ane, northbound, at High Ridge Road and Industrial Way. (b) Pay a proportionate share of the cost of signalizing this intersection, if and when a signal is warranted. lc} Contract a left-turn lan~, northbound, at High Ridge Road and Miner Road. The requirements listed under (9) above are necessary in order to Clu~ (page 7 "Provide for safe and efficient movement within the '~"~" of Comprehensive Plan), and are required by Article X, Sec. 12 of Appendix C (p. 2128), and Article X, Sec. 16 of Appendix C (p. 2129). S~AFF RECOMMENDATIONS WHICH ARE BASED ON PERFORMANCE STanDARDS CONTAINED IN ZONING REGULATIONS AND COMPREHENSIVE_PLAN POLICIES. (~0) In order to minimize contaimination of surface and subsurface water the following conditions should be imposed: (a) Truck well drainage systems should be designed and maintained to include oil and grease receptors and open bottom sedimentation sumps as pollution retardant structures. Parking areas and roadways adjacent to truck wells should be designed to divert runoff to storage and exfiltration on-site prior to discharge into the surface water management system. (b) Prior to occupancy, each specific tenant or owner that uses, handles, stores, or displays hazardous materials or generates hazardous waste should meet the following requirements: (c) The tenant or owner should construct an appropriate spill containment system which should be designed to hold spilled hazardous materials for cleanup and to prevent such materials from entering the storm water drainage system. In addition to a containment system, tenants or owners should develop an appropriate early warning system for hazardous materials and wastes. The tenant or owner should also submit to the City a hazardous materials response plan. These containments, monitoring, and response systems should 9 be approved by the City in accordance with the Environmental Review Permit Procedure. (d) Generation and disposal of hazardous waste effluents into the sanitar~~ sewer system should be prohibited unless adequate p~etreatment facilities are constructed by tenants or owners generating such effluents. Pretreatment facilities should be approved by the City in accordance with the Environmental Review Permit procedure, and should comply. with Chapter 26, Article IV. "Sewers" of the City of Boynton Beach code of Ordinances. The requirements listed under (10) above to serve "Minimize development which would exacerbate surface and subsurface water quality" (p. 6 of Comprehensive Plan), and are necessary in order tc.~implement 'Best management practices'...in new development in order~to reduce pollution associated with non-p°int sources" (p. 28 of Comprehensive Plan). Also, Sec. 4.N.5. of Appendix A prohibits toxic or noxious matter Which would ,,...contaminate any public waters or any groundwater" (P- 1902.1). (11) In order to minimize erosion and reduce blowing sand: (a) Clearing of building site should not commence prior to development of the site. .. (b) ' During land clearing and site preparati6n, wetting operations or Other techniques for controlling blowing sand should be undertaken and implemented by the developer. The requirements listed under (11) above serve to "Minimize and mitigate erosion" (P. 34 of Comprehensive Plan), and are necessary to meet Sec. 4.N.3. of Appendix A, which prohibits "the emission of smoke, dust, dirt, or other particulate matter which may cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property and rights-of-way, at or beyond the property lines of the property on which the use is located" (P. 1902.1). STAFF RECOMMENDATIONS WHICH ARE BASED ON COMPREHENSIVE PLAN POLICIES: (12) From the tree survey, that area where the largest and most viable Sand Pine trees exist should be designated as the 20% open space area. This area can either be one 2 acre site or two 1 acre sites, but no more than two sites used to meet this requirement. (13) As a minimum, 25 percent of all native plant communities which occur on a site (e.g. Pine Flatwoods, Sand Pine Scrub, Xeric Oak Forest, Hardwood Hammock, etc.) shall be preserved. 10 (It is recommended that this preservation primarily occur in'the 20% 6pen space area as outlined in No. 12 above, or within the parking lot landscaping, if necessary.) The requirements listed under (12~ and (13) above, serve to "Eliminate the indiscriminate destructioh of the native vegetation" (page 6 of Comprehensive Plan) and page 6 of the 12/16/86 addendum to the Comprehensive Plan Evaluation and Appraisal Report. /bks CC: City Manager Technical Review Board Roy Barden ~ Central File CARMEN S. ANNU~ZIATO 11 , L 0 C"~'Ti 0 N'~ 'MAP i ~ T.H'~_j-tlGH RIDGE CENTER "LAND-U~S-~'~'i~'ND'M"E~'NT 'AND 'R.Ez-o~IN'~'G' ~~.~I I'N I:11 /8 4O0 800 "BOY NTO N PA i:::I-K MILE,S FEET p/..,,.,..~ ./~./,,,. z./- ?~* BE,o~CH OF: C O i~/IIVI ~ i:lCl::"