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LEGAL APPROVAL fJ1U City of $oynton 13eac/i 100 'E. tJJoynton tJJea&h 'Boukvarti P.O. tJJo~310 'Boynton tJJea&., ~foritUz 33425-0310 City:Jlal[: (4fJ7) 375-6000 !FJU: (4fJ7) 375-6090 September 17, 1996 Sameh EI-Kholi Spring Engineering, Inc. 3014 U.S. Highway 19 Holiday, Florida 34691 Re: Flower's Bakery Warehouse/Distribution - Lots 47A, 47B and part of 46A at Quantum Corporate Park Board of Zoning Appeals Case #220 - 150 foot driveway separation Dear Sameh EI-Kholi: Your request for a variance regarding the above referenced case was approved by the Board of Zoning Appeals at their September 16, 1996 meeting. If I can be of further assistance, please contact me. S)A~c~rel, 'rill { j ~tLJ-V.V ~.. i),'1JjJ T1fubri Y Heyden, AICP Planning and Zoning Director T JH/bme XC: Building Official Case File Central File a: apbzaflo, wpd jfnreri.ca's (jateway to the (jul/stream. _ . -- (f.c!. ~~7 ~,~ ~-- llnW~ Prepared by: Michael J. Pawelczyk, Esq. Assistant City Attorney, City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 SFP I 9 1996 ill CITY OF BOYNTON BEACH BOARD OF ZONING APPEALS PLANNING AND ZONING OEPT. ORDER GRANTING RELIEF IN RE: Case No. 222 Flowers Warehouse Distribution Center The Appellant, Flowers Warehouse Distribution Center, appeared before the Board of Zoning Appeals on September 16, 1996 and requested a variance from the Land Development Regulations, Chapter 2, Section 7.H.3 - Accessways - to reduce the minimum driveway spacing requirement of 150 feet to (1) 133.48 feet between the driveways on the subject property; and (2) approximately 65 feet between the western driveway of the property immediately to the east and the eastern driveway of the subject property. Based on the testimony of Richard Bekesh, the Board finds that basis for relief has been established. Accordingly, IT IS ORDERED THAT: The request for variance of Flowers Warehous DATED: '1 11'1./ ('6' 'stribution Center is approved. Vi / ATTEST: I 'J1.lh-a::~.y/t:. ~.'W City - erk _ . -- Bd.oIZoning AppeIIl FIOWIIIS.1l/16Jll6 MEETING MINUTES BOARD OF ZONING APPEALS BOYNTON BEACH, FLORIDA SEPTEMBER 16, 1996 Case No. 222 Project: Location: Owner: Request Variance: Flowers Warehouse/Distribution Center Park Ridge Boulevard, Quantum Park Lots 47-A, 47-B and a portion of Lot 46-A First Eagle Development Request for a variance from the Land Development Regulations, Chapter 2, Section 7.H.3 - Accessways - to reduce the minimum driveway spacing requirement of 150 feet to: 1. 133.48 feet between the driveways on the subject property; and 2. approximately 65 feet between the western driveway of the property immediately to the east and the eastern driveway of the subject property. Richard Bekesh. 3014 US Hiahwav #1. Holidav. Florida. represented the applicant. He explained that Flowers proposes to develop a 7,000 square foot distribution center. Flowers employs over 40,000 people and has three plants through the State of Florida. The plants are in Miami, Jacksonville, and Bradenton. This proposed distribution center will serve the bakery in Miami. The bread is shipped from Miami and distributed to the centers. One thousand square feet of this distribution center will be settlement area. The remaining 6,000 square feet will be used for distribution. A 65' tractor trailer will transport the bread to this center from Miami where it will be off-loaded. In order for this facility to function safely and efficiently, it is necessary to have two points of ingress and egress. The applicant is requesting a variance to allow 138' between the two internal accessways because of the width of the property. The applicant cannot separate the driveways any further than proposed. In addition, Mr. Bekesh urged the board to support the applicant's request to allow the 65' separation between the parcels. Mr. Bekesh explained that when Quantum Park was platted, this area was platted for two lots. On the west is Alpha Drive. and on the east is Beta Drive. Packaging Concepts is to the east of this proposed facility. The only remaining parcel that could be developed in this area is to the west. That development would have access off Alpha Drive. Ms. Hammer asked Mr. Bekesh to explain the operation at this facility. Mr. Bekesh advised that the main relay tractor trailer will arrive at the facility between 4:30 a.m. and 5:30 a.m. The distribution drivers arrive, pick up the merchandise, and leave the facility by 6:30 a.m. They then return to the facility at approximately 3:30 p.m. to settle their accounts. There is no retail facility at this location. Mr. Rappoport asked if this operation would interfere with the neighbors on either side. Mr. Bekesh responded negatively. He reported that he has learned that Park Ridge Boulevard will not go through once the high school is developed. Mrs. Huckle asked if there is an occupant on the property west of Alpha Drive. Mr. Bekesh responded negatively. When the proposal was brought to Quantum, they recommended this site. The applicant was surprised. as was Quantum. that there was a problem. They met with staff to see if the problems could be overcome. However, they were already all the way through the site plan process, and staff 2 MEETING MINUTES BOARD OF ZONING APPEALS BOYNTON BEACH, FLORIDA SEPTEMBER 16, 1996 recommended that the applicant apply for a variance. Mr. Rappoport asked where this facility is in relation to Gateway Boulevard. Mr. Bekesh explained that Gateway Boulevard is to the north. None of the roads involved in this application lead into Gateway Boulevard. Chairman Miriana asked Ms. Heyden if there are any conflicts on the 65' spread in and out on the east side next to Packaging Concepts. Ms. Heyden explained that the distance between Flowers and Packaging Concepts is 65'. Both drives are right-turn in and right-turn out. Neither Packaging Concepts nor Flowers can make a left turn out of the driveway because of the location of the median. Mr. Bekesh added that Packaging Concepts' trailer traffic enters that facility at Beta Drive. Their entrance is not near where Flowers' trailers will enter their facility. They will not have trailer traffic at that driveway. It will be strictly for cars. In response to Mr. Rappoport's question, Mr. Bekesh advised that Packaging Concepts is aware of Flowers' request. Ms. Heyden further advised that the property owners within 400' were advised of this request, and she has not received any input from anyone in the area. THERE WAS NO ONE PRESENT IN THE AUDIENCE WHO WISHED TO SPEAK ON THIS APPLlCA TION. Ms. Hammer supports the approval of this variance. She does not believe there will be any conflict once the school is built. The City is anxious to see Quantum Park developed, and Ms. Hammer feels it would be advantageous for the board to support this request. Ms. Hollingshead said she is troubled by the 65' proximity because frequent curb cuts slow traffic. However, the intent of Quantum Park was light industrial. She cannot conceive of anyone not wanting to get a truck onto this parcel. The board's choice would either be to render this parcel useless for light industrial unless we can come up with someone who does not use trucks, or approve the variance. She feels this request is appropriate. If the neighbors had any.problems with this request, they would have come to this meeting to express their concerns. In response to a question from Mrs. Huckle, Ms. Heyden advised that when Quantum was platted between Alpha and Beta Drives, it was platted for two parcels. We are now getting three parcels. That is the reason why this problem has surfaced. Chairman Miriana feels that since this development would not create any major problems for the high school, he sees no reason to deny the variance. He further realizes that this is one of the things that needs to be done to get the development of Quantum Park going. It has been laying idle for much too long. Motion Mr. Rappoport moved to vote approval for the request for Flowers Bakery Warehouse. Chairman Miriana pointed out that there are two parts of this request -- the 133.48 square feet, and the 65' foot separation. 3 N" L_~E OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the following application has been made to the BOARD OF ZONING APPEALS of the CITY OF BOYNTON BEACH, FLORIDA, for a hearing as indicated, under and pursuant to the provisions of the zoning code of said City: Case No.222 Owner: First Eagle Development Requested Variance: Request for a variance from the Land Development Regulations, Chapter 2, Section 7.H.3 - Accessways. Applicant requests a reduction of the minimum driveway spacing requirement of 150 feet to: 1) 133.48 feet between the driveways on the Flower's Bakery Warehouse/Distribution Center property (see location below), and 2) approximately 65 feet between the western driveway of the Packaging Concept property (property immediately to the east of the Flower's Bakery property) and the eastern driveway of the Flower's Bakery Warehouse/Distribution Center property. Location: Park Ridge Boulevard, Quantum Park Legal Description: BEGINNING AT THE SOUTHEAST CORNER OF LOT 46-A OF QUANTUM PARK AT BOYNTON BEACH, P.LD. PLAT NO. 10, RECORDED IN PLAT BOOK 60, PAGE 34-36, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, THENCE N88 50'54" W ON THE SOUTH LINE OF SAID LOT-46-AA DISTANCE OF 82.16-FEET, THENCE NOl 09'05"E PARALLEL TO THE EAST LINE OF LOT 46-A A DISTANCE OF 273.33-FEET TO THE NORTH LINE OF SAID LOT AND THE SOUTH RIGHT-OF-WAY LINE OF PARK RIDGE BLVD., THENCE N82 02'36"E ON THE SOUTH LINE OF PARK RIDGE BOULEVARD A DISTANCE OF 70.54-FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 2944.18-FEET AND A CENTRAL ANGLE OF 2 29'17", AN ARC DISTANCE OF 127.85-FEET, THENCE SOl 09'05"W ALONG A LINE 232.99-FEET WEST OF AND PARALLEL TO THE CENTERLINE OF BETA DRIVE A DISTANCE OF 301.99-FEET, THENCE N88 50'54"W A DISTANCE OF 114.13-FEET TO THE POINT OF BEGINNING. BEING PARK OF LOTS 46A, 47AAND 47B. CONTAINING 1.30 ACRES MORE OR LESS AND SUBJECT TO EASEMENTS AND RIGHTS OF WAY OF RECORD. Use: Warehouse/distribution center A PUBLIC HEARING before the Board of Zoning Appeals will be held relative to the above application at City Hall, Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on Monday, September 16, 1996, 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 Board of Zoning Appeals 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. PUBLISH: CITY OF BOYNTON BEACH SUZANNE M. KRUSE, CMC/AAE CITY CLERK PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 96-418 TO: Sue Kruse City Clerk ~~~." , ,,0 .~ Tambri J. Heyden ~- Planning and Zoni Director FROM: DATE: August 15, 1996 SUBJECT: Board of Zoning Appeals Case No.222 (Flower's Bakery Warehouse/Distribution Center) File No. BZAV 96-006 (driveway separation) Accompanying this memorandum you will find an application and supporting documentation for the above-referenced case. A check in the amount of $400.00 to cover the review and processing of the above driveway separation variance has been forwarded to the Finance Department. The legal advertisement for this request will be forwarded to your office after review by the City Attorney and City Manager. The requested variances are scheduled for the September 16, 1996 Board of Zoning Appeals Meeting. TJH:bme Attachments A:\BZAVFLWR.NOT S'<.lQ" \.:=-(. 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 eight (8) working days prior to the first publishing date requested below. ORIGINATING DEPARTMENT: Planning and Zoning Department PREPARED BY: Jerzy Lewicki DATE PREPARED AU9ust 15. 1996 BRIEF DESCRIPTION OF NOTICE OR AD: Board of Zoning Appeals Hearing Notice for Case No.222 (meeting September 16. 1996) 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. applicant and Director of Planning and Zoning. NEWSPAPER{S) TO PUBLISH: To be determined by City Clerk DATE{S) TO BE PUBLISHED: To be determined by City Clerk APPROVED BY: (1) ~u~; /J.;i~y J)k;4o , { (Department Head) (Date) (2) (City Attorney) ( Da t e ) (3) (City Manager) (Date) RECEIVED BY CITY CLERK: COMPLETED: A: \BZAVFLWR. NOT OTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the following application has been made to the BOARD OF ZONING APPEALS of the CITY OF BOYNTON BEACH, FLORIDA, for a hearing as indicated, under and pursuant to the provisions of the zoning code of said City: Case No.222 Owner: First Eagle Development Requested Variance: Request for a variance from the Land Development Regulations, Chapter 2, Section 7.H.3 - Accessways. Applicant requests a reduction of the minimum driveway spacing requirement of ISO feet to: 1) 133.48 feet between the driveways on the Flower's Bakery Warehouse/Distribution Center property (see location below), and 2) approximately 6S feet between the western driveway of the Packaging Concept property (property immediately to the east of the Flower's Bakery property) and the eastern driveway of the Flower's Bakery Warehouse/Distribution Center property. Location: Park Ridge Boulevard, Quantum Park Legal Description: BEGINNING AT THE SOUTHEAST CORNER OF LOT 46-A OF QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 10, RECORDED IN PLAT BOOK 60, PAGE 34-36, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, THENCE N88 SO'S4" W ON THE SOUTH LINE OF SAID LOT-46-AA DISTANCE OF 82.16 FEET, THENCE NOl 09'OS"E PARALLEL TO THE EAST LINE OF LOT 46-A A DISTANCE OF 273.33-FEET TO THE NORTH LINE OF SAID LOT AND THE SOUTH RIGHT-OF-WAY LINE OF PARK RIDGE BLVD., THENCE N82 02'36"E ON THE SOUTH LINE OF PARK RIDGE BOULEVARD A DISTANCE OF 70.4S-FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 2944.18-FEET AND A CENTRAL ANGLE OF 2 29'17", AN ARC DISTANCE OF 127.8S-FEET, THENCE SOl 09'OS"W ALONG A LINE 232.99-FEET WEST OF AND PARALLEL TO THE CENTERLINE OF BETA DRIVE A DISTANCE OF 301.99-FEET, THENCE N88 SO'S4"W A DISTANCE OF 114.13-FEET TO THE POINT OF BEGINNING. BEING PARK OF LOTS 46A, 47AAND 47B. CONTAINING 1.30 ACRES MORE OR LESS AND SUBJECT TO EASEMENTS AND RIGHTS OF WAY OF RECORD. Use: Warehouse/distribution center A PUBLIC HEARING before the Board of Zoning Appeals will be held relative to the above application at City Hall, Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on Monday, September 16, 1996, 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 Board of Zoning Appeals 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. PUBLISH: CITY OF BOYNTON BEACH SUZANNE M. KRUSE, CMC/AAE CITY CLERK