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LEGAL APPROVAL PROJECT NAME: BGI AT QUANTUM PARK (PHENIX PROJECT) LOCATION: NE CORNER OF GATEWAY BLVD & QUANTUM BLVD. COMPUTER ID: BGI I FILE NO.: ZNCV 97-004 I TYPE OF APPLICATION: ZONING CODE VARIANCE REQUEST APPLICANT/CONTACT PERSON: OWNER: BGI INDUSTRIES, INC. BGI INDUSTRIES, INC. PHONE: ATT: GONZALORAVAGO FAX: PHONE: (954) 566-9002 ADDRESS: FAX: (954) 566- 7799 ADDRESS: 2601 E. OAKLAND PARK BLVD #101 FT. LAUDERDALE, FL 33306 DATE: SUBMITTAL / RESUBMITT AL 6/30/97 1 ST REVIEW COMMENTS DUE: 7/7/97 PUBLIC NOTICE: ADMINISTRATIVE TRC MEETING: 6/30/97 TRC MEETING: 7/8/97 RESUBMITTAL DATE: 2ND REVIEW COMMENTS DUE: LAND DEVELOPMENT SIGNS POSTED: PLANNING & DEVELOPMENT BOARD 7/22/97 MEETING: CITY COMMISSION MEETING: 7/25/97 COMMENTS: S:\FORMS\PROJECT TRACKING INFO ill ~ ~ ~:,~~ rn MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEI TING H'MU~~w}? .<, . COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, AUGUST 26,1997, AT 7:00 P.M. PRESENT Lee Wische. Chairman Jim Golden, Vice Chairman Mike Friedland Stan Dube Pat Frazier Maurice Rosenstock James Reed. Alternate Tambri Heyden. Planning and Zoning Administrator Jerzy Lewicki. Assistant Planner Michael Pawelczyk. Assistant City Attorney ABSENT Jose Aguila Steve Myatt. Alternate 1. PLEDGE OF ALLEGIANCE Chairman Wische called the meeting to order at 7:00 p.m. The Pledge of Allegiance to the Flag was recited. 2. INTRODUCTION OF MA VOR, COMMISSIONERS AND BOARD MEMBERS Chairman Wische introduced Vice Mayor Jamie Titcomb. 3. AGENDA APPROVAL Item 8.C,3 was moved up to be heard before Item 8.C.1. to accommodate the citizens who came to speak on this item. Motion Mr. Dube moved to approve the agenda as amended. Vice Chairman Golden seconded the motion, which carried unanimously. 4. APPROVAL OF MINUTES No additions. deletions, or corrections were made to the minutes of the last meeting. MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 26, 1997 Motion Mr. Rosenstock moved to approve the minutes of the August 12. 1997 meeting as submitted. Mr. Friedland seconded the motion. which carried unanimously. 5. COMMUNICATIONS AND ANNOUNCEMENTS A. Report from the Planning and Zoning Department 1. Final City Commission Disposition of the agenda items from the last Planning and Development Board meeting This item was postponed until the arrival of Ms. Heyden. 6. SWEARING IN OF WITNESSES Attorney Pawelczyk swore in all those who planned to testify this evening. At this time. Chairman Wische introduced the members of the board and Attorney Pawelczyk. 5. COMMUNICATIONS AND ANNOUNCEMENTS A. Report from the Planning and Zoning Department 1. Final City Commission Disposition of the agenda items from the last Planning and Development Board meeting Ms. Heyden reported the following: . The BGI Industries Zoning Code Variance was approved. . The Lee Manors Isles Subdivision Zoning Code Variance for an increase in the height of a single-family home from 25 feet to 35 feet was postponed until the September 2. 1997 City Commission meeting. . The MeLear PUD Master Plan Modification was approved subject to staff comments and the Planning and Development Board comments. . The Shoppes of Woolbright PCD Master Plan Modification was postpone until the September 2nd City Commission meeting. 2 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 26. 1997 . The Boynton Beach Mobil Village Community Design Plan Appeal for the dumpster enclosure was denied. . The ARC of Boynton Beach Site Plan (ACLF) was approved subject to staff comments and the Planning and Development Board conditions. . The Woolbright Medical Office Site Plan was postponed until the October Tr' City Commission meeting. . The Boynton Beach Mall, Department Store 'F. Site Plan Time Extension was approved. . The Palm Walk Adult Congregate Living Facility concurrency and conditional use time extension was approved subject to staff comments. Mr. Dube asked if a liquor store is allowed in C-2. Attorney Pawelczyk advised that the sale of beer and wine is permitted in a C-2 district; however, the sale of alcoholic beverages is prohibited. 7. OLD BUSINESS None. 8. NEW BUSINESS A. Public Hearings Zoning Code Variance Description: Mobil Gas Station and Convenience Store Anna Cottrell Mobil Oil Corporation 2605 S.W. 1 51n Avenue (northwest corner of Woolbright Road and Congress Avenue) Request for a variance to Chapter 2 - Zoning. Section 11.L.3.d(1) of the Boynton Beach Land Development Regulations to allow an access driveway located 65 feet. rather than the required 110 feet, from the intersecting right-of- way lines of Woolbright Road and Congress Avenue. 1. Project: Agent: Owner: Location: 3 __ r-;~r, rr~ ~ r: :;;; r~ ~. .. I L' ~J l~ I. q' .'. . , : D J :~=!-~~.-:.-~~-~ _"a~- d ril\.. ~ ".-'-" ILlUj hU,:' I.'. , , t t...-...~~-_.. .. ~ FL '~.' MINUTES OF THE PLANNING AND DEVELOPMENT BOARQ,MEETINGHELD IN. . COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, AUGUST 12,1997, AT 7:00 P.M. PRESENT Lee Wische. Chairman Jim Golden, Vice Chairman Jose Aguila Mike Friedland Stan Dube Steve Myott. Alternate James Reed, Alternate Michael Rumpf, Senior Planner Michael Pawelczyk, Assistant City Attorney ABSENT Pat Frazier Maurice Rosenstock 1. PLEDGE OF ALLEGIANCE Chairman Wische called the meeting to order at 7:03 p.m. The Pledge of Allegiance to the Flag was recited. 2. INTRODUCTION OF MAYOR, COMMISSIONERS AND BOARD MEMBERS Chairman Wische welcomed Commissioner Shirley Jaskiewicz and Vice Mayor Jamie Titcomb to the meeting and introduced the members of the board and Attorney Pawelczyk. 3. AGENDA APPROVAL No additions, deletions, or corrections were made to the agenda. Motion Vice Chairman Golden moved to approve the agenda as submitted. Mr. Dube seconded the motion, which carried unanimously. MINUTES PLANNING AND DE.. cLOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 12,1997 4. APPROVAL OF MINUTES No additions, deletions. or corrections were made to the minutes of the last meeting. Motion Mr. Dube moved to approve the minutes of the July 22, 1997 meeting as submitted. Vice Chairman Golden seconded the motion, which carried unanimously. 5. COMMUNICATIONS AND ANNOUNCEMENTS A. Report from the Planning and Zoning Department 1. Final City Commission Disposition of the agenda items from the last Planning and Development Board meeting Mr. Rumpf reported that the items that the Planning and Development Board previously reviewed were all approved at the City Commission meeting, with the exception of the Boynton Commons Appeal. Per the request of the applicant, that item has been postponed to the September 2nd meeting. 6. SWEARING IN OF WITNESSES Attorney Pawelczyk swore in all those who planned to testify this evening. 7. OLD BUSINESS None. 8. NEW BUSINESS A. Public Hearings Zoning Code Variance 1, Project: Agent: Owner: Location: BGllndustries, Inc. at Quantum Park Gonzalo Ravago BGllndustries, Inc. Northeast corner of Gateway Boulevard and Quantum Boulevard (Lots 32. 33, 34A, 34B, 35, 36, 37, and 38 in Quantum Park) 2 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 12, 1997 Description: Request for a zoning code variance from the City of Boynton Beach Land Development Regulations, Chapter 2, Section 7.H.11 - Off- street loading, to allow off-street loading facilities fronting Gateway Boulevard. Chairman Wische opened the public hearing; however, no one in the audience wished to address this item, Gonzalo Ravago, Director of Operations at BGI Industries, agreed to the one staff comment. Motion Vice Chairman Golden moved to approve the zoning code variance for BGI Industries, Chapter 2, Section 7.H.11 - Off-street loading, to allow off-street loading facilities fronting Gateway Boulevard, subject to staff comments and including the justification submitted by the applicant for the screening provided. Mr. Reed seconded the motion, which carried unanimously. Description: Lee Manor Isles Subdivision (Lot 10) Shafiqul Islam Lee Manor Isles Subdivision, Lot 10 (S.E. 13th Avenue, a/kfa Riviera Drive) Request for a variance to the City of Boynton Beach Land Development Regulations, Chapter 2, Section 5.C.2 to allow an increase in height of a proposed single-family home to 35 feet from the maximum 25 feet allowed. 2. Project: Owner: Location: Mr. Aguila did not agree with the applicant's justifications for this variance. He was not convinced that this lot is unbuildable or that the only way it can be built is if the height limit is raised. Vice Chairman Golden felt it would be inappropriate to grant this variance with respect to adjacent properties. Mr. Reed felt that what is proposed is out of proportion with the rest of the community. 3 DEVELOPMENT ORDER _ CITY OF BOYNTON BEACH, FL tlDA ~/ .N 8 ... ( -'( 1 PROJECT NAME: BGllndustries, fnc. at Quantum Park APPLICANT: BGllndustries, Inc, APPLICANT'S AGENT: Susan Delegal Holland and Knight 1\00_1 AGENT'S ADDRESS: One East Broward Blvd., Ft. Lauderdale, FL 33301 :..-<~.. ".",~", ';~,I , i..;:. ,:. DATE OF HEARING BEFORE CITY COMMISSION: August 5, lS91 ?~~/7';:r_.~,_w,0L::' TYPE OF RELIEF SOUGHT: Zoning Code Variance (number of accessways) LOCATION OF PROPERTY: Northeast corner of Gateway Boulevard and Quantum Boulevard (lots 32, 33, 34A. 34B, 35, 36, 37 and 38 in Quantum Park) DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant LHAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3, The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "B" with notation "Included". 4. The Applicant's application for relief is hereby V GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other \\ \ \ \" t 11/ 1111/1 \\\ II ,~' ~\ ON 8 ///~ ~ 0 -.\, ........ ~"9 ~ L ~ ~ ~ "::,'OR4 ii;().... 0 ~ ~ ~ /g! ". ~ * '- r/V~ .n~ ~ i~ \:: City Clerk :: _ i~ t"- j S ...,. . n\J . - 'S "'" .~t'\l" I ~ ;:=; ~" -\ ':J .... ~ ;:: ~ '" .. ~ ~ ...... ~ -$) ~ ~/1. F\.O ~\# ~11111II1I1I\\\\\\'\ ~\ DATED: 8///97 J:\SHRDA T A\Planning\SHARED\WPlPROJECTS\BGI\ZNCV\OEVELOPMENT ORDER. doc '- EXHIBIT "F" .""" Project name: BGI - accessway variance File number: ZNCV 97-004 Reference: Application and exhibits with a June 30. 1997 Plannina and Zonino Department date stamp markino. Conditions of Approval DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NIA UTILITIES Comments: N/A FIRE Comments: N/A POLICE Comments: N/A ENGINEERING DIVISION Comments: NIA BUILDING DIVISION Comments: NIA PARKS AND RECREATION Comments: NIA FORESTER/ENVIRONMENTALIST Comments: N/A PLANNING AND ZONING Comments: 1. It is recommended that the variance, if granted, be tied to the parcel of land consisting of lots 34A, 34B, 35, 36, 37 and 38 (excluding lots 32 and 33 not proposed for development at this time). ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 2. NONE ADDITIONAL CITY COMMISSION CONDITIONS 3. To be determined. JUdim J :\SHRDA TA\Planning\SHARED\WP\PROJECTS\BGI\ZNCV\cond. of approval.doc ~-'~TICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the following application has been made to the PLANNING AND DEVELOPMENT BOARD of the CITY OF BOYNTON BEACH, FLORIDA, for a hearing as indicated, under and pursuant to the provisions of the Land Development Regulations of said City: ill rn @ ~ O--{': D r:~ -, . I JUNgO L~.."".,." , Hr.:',''.!:", '." '" Request for variances from the Land Development Regulations, :2.-~21tlr.H.3 - Accessways and Chapter 23. Article 11.H.7 - Number of Driveways, for an addTff6nar accessway beyond the two accessways allowed by code. Case NO.238 Owner: Quantum Associates Requested Variance: Location: Park Ridge Boulevard, Quantum Park Legal Description: Lots 32, 33, 34-A, 34-B, 35, 36, 37 and 38, inclusive, Quantum Park at Boynton Beach, lying in Section 17, Township 45 South, Range 43 East, Palm Beach County, State of Florida, as recorded in Plat Book 60, at Page 31, Plat No.3, Public Records of Palm Beach County, Florida. Use: Cosmetic and perfume manufacturing A PUBLIC HEARING before the Planning and Development Board will be held relative to the above application at City Hall, Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on Thursday, July 22, 1997, at 7:00 P.M. All interested parties are notified to appear at said hearing in person or by attorney and be heard or file any written comments prior to the hearing date. Any person who decides to appeal any decision of the Planning and Development Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561) 375-6260 PUBLISH: S:\projects\BGI\ZNCV\LGL-CASE238 PUBLISH: PALM BEACH POST, JUNE 30, 1997 C: City Manager, City Attorney, City Commission, Planning, Files DEVELOPMENT SERVICES DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. 97-315 TO: Sue Kruse City Clerk FROM: Tambri J. Heyden, AICP Planning and Zoning Director DATE: June 27, 1997 SUBJECT: Case NO.238 (BGI) File No. ZNCV 97-004 (Zoning Code Variance and Parking Lot Variance (number of driveways)) Accompanying this memorandum you will find one (1) copy of the application and related documentation for the above-referenced case. Fees for BGI were waived by the city. The legal advertisement for same has been prepared for the July 22, 1997 Planning and Development Board Public Hearing and will be forwarded to your office after review by the City Attorney. T JH:bme Attachments s:\projects\BGI\ZNCV\LGL-CASE 238 REQUEST FOR PUBLISHING LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS A completed copy of this routing slip must accompany any request to have a Legal Notice or Legal Advertisement pUblished and must be submitted to the Office of the City Attorney two (2) working days prior to the first publishing date requested below. ORIGINATOR: Plan nino and Zonino Division PREPARED BY: Jerzv Lewicki DATE PREPARED June 27. 1997 BRIEF DESCRIPTION OF NOTICE OR AD: Plannina and Development Board Hearino Notice for Case No. 238 (meetino Julv 22.1997): BGI at Quantum Park SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Boarder, etc.) STANDARD LEGAL AD SEND COPIES OF AD TO: All property owners within 400 feet of property (postmarked no later than June 27. 1997), applicant and Director of Plannina and Zonina. NEWSPAPER(S) TO PUBLISH: The Post DA TE(S) TO BE PUBLISHED: June 30, 1997 APPROVED BY: ~ .. (1)~/~~~ ji..1J c& (Originator) . ;/ ~. '- . .,/ f! . /I / ! I . / . . ,- (2) ./ It lC~'.a,;:;/~ /! (C / ../ (City Attorney) ft;/./ 7/97 (Date) f ! 0/0 7;/1/ (Date) RECEIVED BY CITY CLERK: COMPLETED: S:\projects\BGI\ZNCV\LGL-Case238 NOTICE OF PUBLIC HEARING NOTICE IS HE;REBY GIVEN th~_ tht.. .ollowing application has beer. ma",e to the PLANNING AND DEVELOPMENT BOARD of the CITY OF BOYNTON BEACH, FLORIDA, for a hearing as indicated, under and pursuant to the provisions of the Land Development Regulations of said City: Case NO.238 Owner: Quantum Associates Requested Variance: Request for variances from the Land Development Regulations, Chapter 2, Section 7.H.3- Accessways and Chapter 23. Article II.H.7 - Number of Driveways, for an additional accessway beyond the two accessways allowed by code. Location: Park Ridge Boulevard, Quantum Park Legal Description: Lots 32, 33, 34-A, 34-B, 35, 36, 37 and 38, inclusive, Quantum Park at Boynton Beach, lying in Section 17, Township 45 South, Range 43 East, Palm Beach County, State of Florida, as recorded in Plat Book 60, at Page 31, Plat No.3, Public Records of Palm Beach County, Florida. Use: Cosmetic and perfume manufacturing A PUBLIC HEARING before the Planning and Development Board will be held relative to the above application at City Hall, Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on Thursday, July 22, 1997, at 7:00 P.M. All interested parties are notified to appear at said hearing in person or by attorney and be heard or file any written comments prior to the hearing date. Any person who decides to appeal any decision of the Planning and Development Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561) 375-6260 PUBLISH: S:\projects\BGI\ZNCV\LGL-CASE238