Loading...
Minutes 11-18-96 MINUTES OF THE BOARD OF ZONING APPEALS MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON MONDAY, NOVEMBER 18, 1996, AT 7:00 P.M. PRESENT James Miriana, Chairman Mike Pawelczyk, Assistant City Ben Uleck, Vice Chairman Attorney Patti Hammer Michael Haag, Zoning and Site Howard Rappoport Development Administrator Agnes Hollingshead, Alternate Jerzy Lewicki, Assistant Planner Herman Gold, Alternate ABSENT Marilyn Huckle 1. ACKNOWLEDGEMENT OF MEMBERS AND VISITORS Chairman Miriana called the meeting to order at 7:02 p.m. and introduced the City staff and the members of the board. He stated that Ms. Huckle called him to advise that she would be unable to attend this meeting. In her absence, Ms. Hollingshead sat at the dais as a voting member. 2. APPROVAL OF AGENDA No additions, deletions, or corrections were made to the agenda. Motion Ms. Hammer moved to approve the agenda as submitted. Ms. Hollingshead seconded the motion, which carried unanimously. 3. APPROVAL OF MINUTES - October 21, 1996 No additions, deletions, or corrections were made to the minutes of the last meeting. Motion Ms. Hammer moved to approve the minutes of the October 2'1,1996 meeting as submitted. Mr. Rappoport seconded the motion, which carried unanimously. MEETING MINUTES BOARD OF ZONING APPEALS BOYNTON BEACH, FLORIDA NOVEMBER 18, 1996 4. COMMUNICATIONS AND ANNOUNCEMENTS None. 5. OLD BUSINESS None. 6. NEW BUSINESS Public Hearing Case No. 225 Project: Applied Polymer Location: 2900 High Ridge Road Owner: Applied Polymer Systems Requested Variance: Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Section 11 .H.16.f(1) to reduce the number of required parking spaces from 72 to 57 (a reduction of 15 spaces). Architect Gordon Mock represented Applied Polymer Systems. Applied Polymer Systems owns the building that they intend to occupy, and has owned it for several years. They have been bringing in some new equipment to upgrade the business. The building has been previously occupied by two other companies over the last 10 to 15 years. However, it sat empty for more than six months. Therefore, the grandfathering in of the size of the parking that they had expected to have ran out. Now they are being asked to add 15 additional parking spaces to meet the requirements of the current code. They currently have 57 parking spaces, and the size of the building and the new code require 72 parking spaces. Mr. Mock displayed a site plan and advised that if 15 parking spaces are added, 9,000 square feet of greenery would be replaced with asphalt. He advised that this business requires no more than 10 employees. Over the next 10 years, they do not anticipate that their business will grow to more than 15 employee. Mr. Mock could not imagine this building ever requiring more than 25 or so employees. He pointed out that the two previous tenants in the building used the building to its fullest and never required 57 parking spaces. MEETING MINUTES BOARD OF ZONING APPEALS BOYNTON BEACH, FLORIDA NOVEMBER 18, 1996 Ms. Hammer asked Mr. Haag about the Code regulation. Mr. Haag advised that one parking space is required for every 500 square feet of gross floor area. This regulation is based on square footage, not on employees. Attorney Pawelczyk pointed out that it is based on square footage because if the business goes out of business or changes use, additional employees might be required. Ms. Hollingshead inquired about the volume of nonemployee traffic in and out of the building. Mr. Mock explained the nature of Applied Polymer's business. Companies that want a special polymer applied to the pads they manufacture have the pads delivered to Applied Polymer. Sometimes the pads are delivered by Fed Ex or UPS. Applied Polymer coats the pads with polymer and ships them back to the manufacturer. There is no retail. Applied Polymer is classified by the City's code as a manufacturing operation; therefore, they need one parking space for every 500 square feet. In this case, it is a stretch of the imagination that they would ever need 72 parking spaces for. any use in that building. The building is at least 25 or 30 years old and the parking has been adequate for all that entire period of time. Mr. Mock pointed out that if they had continued to occupy the building for that six month period, a variance would not be needed. If approved, Mr. Rappoport asked if the applicant would agree that in the event this properly is sold, it would have to come before this Board or whatever Board is responsible at that time, for reevaluation of the parking. Mr. Mock agreed to this condition. No one in the audience wished to address this request. Ms. Hammer asked how many deliveries would be made to this business on a daily basis. Mr. Mock advised that there are loading spaces in addition to the 57 parking spaces. The parking spaces are almost exclusively used by employees. Ms. Hollingshead suggested that if approved, a condition be placed on the approval which would limit the business to 40 employees. Mr. Haag asked if that is total employees for the building or total employees for the use. He pointed out that Applied Polymer is only occupying a portion of the building. Mr. Mock's client advised that at the present time, Applied Polymer is the sole occupant of the building. Mr. Rappoport suggested that approval be conditioned upon a total of 40 employees for the entire building. Motion Mr. Rappopod moved to approve the requested variance for relief of the City of Boynton Beach Land Development Regulations, Chapter 2, Section 11.H.16.f(1) to reduce the 3 MEETING MINUTES BOARD OF ZONING APPEALS BOYNTON BEACH, FLORIDA NOVEMBER 18, 1996 number of required parking spaces from 72 to 57 (a reduction of 15 spaces), subject to the following conditions: · That the building does not exceed the housing of 40 employees; and · That in the event the building is sold, the business is sold, or there is a change in the proposed use, the variance would not be applicable. Ms. Hammer seconded the motion. A roll call vote was polled by the Recording Secretary. The motion carried unanimously. Attorney Pawelczyk clarified that the number of employees is not to exceed 40, even if a portion of the building is sublet. Mr. Haag asked for clarification regarding the change of use. Attorney Pawelczyk said they stated their proposed use in their occupational license. A question was raised about whether or not the applicant could sublet part of the building to someone whose use is different from Applied Polymer's but complies with the City's zoning code, and it was clarified that the use has to comply with the code. Case No. 226 Project: Carmax at Quantum Park Location: High Ridge Road, Lots 77, 78, 79 and 80 of Quantum Park, south of Gateway Boulevard Owner: Quantum Associates Requested Variance: Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 7.H.17 to allow a width reduction from 40 feet to 25 feet for a peripheral greenbelt to be provided along the perimeter of the PID zoned property abutting a reSidential district. Rocky Biby of Kimley-Horn & Associates represented Quantum Associates. Mr. Biby was sworn in by Attorney Pawelczyk. He advised that this project is located within Quantum Park. The lots in question are 91,82, 81,80, 77, 76, 75, and 74 and are located along the CSX Railroad and 1-95. There was a condition placed on Quantum Park that they provide a greenbelt buffer plan for the entire park. Those buffers were to consist of 25 foot wide buffers where they abutted nonresidential uses and 40 foot wide buffers where they abutted residential uses. Mr. Biby displayed the greenbelt peripheral plan. The plan basically provides for 40 foot wide buffers where they abut residential areas and 25 foot wide buffers where they abut nonresidential uses. Four of the 12 lots along the CSX Railroad and 1-95 do not require 40 foot wide buffers because they do not abut residential 4 MEETING MINUTES BOARD OF ZONING APPEALS BOYNTON BEACH, FLORIDA NOVEMBER 18, 1996 lots on the opposite side of the CSX Railroad and 1-95, which is approximately 400 feet away from the boundary of Quantum Park. Mr. Biby proposed a uniform 25 foot buffer along the entire CSX/I-95 frontage within Quantum Park. There are residential uses on the opposite side of 1-95, but it is 400 feet away and is buffered by the CSX Railroad and 1-95. The south side of Quantum Park abuts residential areas. A 40 foot buffer is being provided there. Mr. Biby pointed out that in the past, lot 90A was granted a variance to allow for a 25 foot buffer as opposed to a 40 foot wide buffer. He advised that the 25 foot wide buffer will be a very upscale planting scheme. He added that the zoning line is at the center line of 1-95 and if you go by zoning lines, we do not meet the code. Mr. Rappoport asked about the businesses that will be occupying these lots. Mr. Biby advised that a Carmax auto sales facility will occupy Lots 77, 78, 79 and 80. Chairman Miriana inquired about the location of the lots in question. Mr. Biby advised that they are on the east side, abutting the CSX Railroad and 1-95. Ms, Hollingshead inquired about the lot width. Mr. Biby stated that the lots are rather narrow for industrial/commercial. They vary but are roughly 450 or 460 feet. Lots 77 and 78 are about 460 feet wide. Lot 91 is 698 feet. Ms. Hammer asked what the Planning and Development Board decided about the greenbelt and landscape buffer. Mr. Biby advised that they recommended approval. Ms. Hammer inquired about the type of landscaping. Mr. Biby advised that there will be Date Palms with hedges and ground cover between the Date Palms along 1-95. Mr. Gold inquired about the square footage of Carmax. Mr. Biby advised that the building is approximately 54,000 to 56,000 square feet. There will also be a sales lot and customer parking. Mr. Rappoport asked if any of the cars will be outside and Mr. Biby answered affirmatively. No one in the audience wished to address this request. Chairman Miriana felt the applicant's proposed uniform greenbelt is a wise solution. He felt it would have no bearing on what is on the other side because it is 400 feet away. Ms. Hammer felt it might make 1-95 look nicer. Motion Ms. Hollingshead moved to offer the applicant a variance reducing the width of the greenbelt in the specified lots, 74, 75, 76, 77, 80, 81 82, and 91 from the code required MEETING MINUTES BOARD OF ZONING:APPEALS BOYNTON BEACH, FLORIDA NOVEMBER 18, 1996 40 feet to their proposed 25 feet. Mr. Rappoport seconded the motion. A roll call vote was polled by the Recording Secretary. The motion carried unanimously. Case No. 227 Project: The Isles at Hunters Run PUD Location' Northwest corner of Congress Avenue and Summit Drive Owner: Home Development of Hunters Run Ltd. Home Development Corporation of South Florida-1 Requested Variance: Relief from the City of Boynton Beach Land Development Regulations, Chapter 2.5 - Planned Unit Developments, Section 9.B to reduce the PUD perimeter rear setback of lots 1 through 28 (inclusive) within The Isles at Hunters Run PUD from 40 to 20 feet. Kieran Kilday was sworn in by Attorney Pawelczyk. Mr. Kilday stated that normally, within PUDS, you set all your own setbacks as part of the PUD. However, once you are on the perimeter of the Planned Development, peripheral yards abutting other zoning districts shall be the same that is required in the other zoning district. This piece of property used to be a commercial tract of land that was separate and distinct from the Hunters Run PUD. However, last year it was changed to residential to allow for the development of 56 patio homes. Mr. Kilday displayed a site plan. He said the lots he is requesting a variance for are on the west side of the property. Even though this project is being designed and integrated into the overall project to look like part of Hunters Run, technically it is the perimeter of the PUD. The closest unit between the two projects' property line is 490 feet across the golf course. He requested that the setback be reduced to 20 feet, which is still twice as much as the units on the other side of the street. This would allow the units to be located closer to the water and benefit from the view of the water and the golf course. It would have no affect on any of the projects on the adjacent property. Chairman Miriana asked if this is going to be a part of Hunters Run. Mr. Kilday said from a City code standpoint, this is a separate PUD. However, there have been agreements between the Hunters Run Master Association and this project to allow for sharing of certain facilities, such as the ability to join the clubhouse. MEETING MINUTES BOARD OF ZONING APPEALS BOYNTON BEACH, FLORIDA NOVEMBER 18, 1996 Chairman Miriana inquired about the depth of the lots on the west side. Mr. Kilday advised that they vary but are generally in the neighborhood of 150 to 170 feet in depth. They are fairly deep lots, but the units are very long and meander along the lot. Maurice Rosenstock, One Villa Lane, was sworn in by Attorney Pawelczyk. Mr. Rosenstock is a resident of Hunters Run and is a member of the Executive Committee, the Board of Governors, and the Property Owners' Association that is involved with this property. Hunters Run is composed of 21 groups (20 condo associations and one homeowners' association). They are all integrated and every unit owner can be a member of Hunters Run Golf and Racquet Club if they buy equity in the club. Once this project is completed, it will be an integral part of Hunters Run. Mr. Rosenstock also serves on the Planning and Development Board of the City of Boynton Beach. He said this is not a case where we are not worried about an adjOining or abutting property owner creating a view that is going to be detrimental to the other property owners across from the waterline. We want them and encourage them to build. Six of our members have already purchased property there. We are separated by over 400 feet of golf course. We see no problem whatsoever of changing the setback from 40 feet to 20 feet. It is going to be beautifully landscaped and the homes are going to be very attractive. They are going to be half million dollar homes which is going to increase the assessed valuation of that entire area of our community. No one else in the audience wished to address this request. Motion Ms. Hammer moved to give the Isles at Hunters Run relief from the City of Boynton Beach Land Development Regulations, Chapter 2.5 - Planned Unit Developments, Section 9.B to reduce the PUD perimeter rear setback of Lots 1 through 28 (inclusive) within the Isles at Hunters Run PUD from 40 feet to 20 feet. Ms. Hollingshead seconded the motion. A roll call vote was polled by the Recording Secretary. The motion carried unanimously. 7. OTHER BUSINESS None. 8. COMMENTS BY MEMBERS None. MEETING MINUTES BOARD OF ZONING APPEALS BOYNTON BEACH, FLORIDA NOVEMBER 18, 1996 9. ADJOURNMENT Them being no further business to come before the Board of Zoning Appeals, Ms. Hammer moved to adjourn the meeting at 7:55 p.m. Ms. Hollingshead seconded the motibn, which carried unanimously. Eve Eubanks Recording Secretary (One Tape)