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
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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
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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
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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 :..-<~.. ".",~",
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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
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J:\SHRDA T A\Planning\SHARED\WPlPROJECTS\BGI\ZNCV\OEVELOPMENT ORDER. doc
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EXHIBIT "F"
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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:
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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:
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(1)~/~~~ ji..1J c&
(Originator) . ;/ ~. '-
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(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