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LEGAL APPROVAL DEPARTMENT OF DEVELOPMENT DivIsIon of Planning and Zoning Bulent I. Kastarlak, NCARB Director Building Planning & Zoning Engineering Occupational License Community Redevelopment May 22, 1998 Thomas J Willi 6229 Country Fair Circle Boynton Beach, FL 33436 Re Packaging Concepts File Number. ZNCV 98-006, Case #253 - Zoning Code Variance (Rear Setback) Location 4925 Park Ridge Boulevard Dear Mr Willi Enclosed is the City of Boynton Beach development order regarding the City Commission's May 19, 1998 approval of your zoning code variance request, regarding the above property Should you have any questions regarding this matter, please feel free to contact this office at (561) 375-6260 Sincerely, /1.-( ?' /---- -~ l~,'i:- Michael W Rumpf Acting Planning and Zoning Director MWR.mae Attachment Xc Central File (S:\Shrdata\Planning\Shared\ Wp\Projects\ Whitfield Interiors\Dev Order letter. doc ) America's Gateway to the Guifstream 100 East Boynton Beach Blvd.. P.O. Box 310 Boynton Beach. Florida 33425-0310 Phone: (561) 375-6260 FAX: (561) 375-6259 DEVELOPM.fNT ORDER OF THE CITY COMMI~SION OF THE TY OF BOYNTON BEACH, FLOR ~ cza. ...t.I& v ~4,if/iC/G tf)c!~ c:/ (!, PROJECT NAME Packaging Concepts at Quantum Park APPLICANT'S AGENT Thomas J Willi APPLICANT'S ADDRESS 6229 Country Fair Circle, Boynton Beach Florida 33436 DATE OF CITY COMMISSION RATiFICATION 5/19/98 "_z<"__ ...,.-..___ ',! ~1.JL~ ~ ~~~. ..- ~",! I . : < ' . ! : Ij~ i MAY 2 I /998 f "j j I t.._ , L___~., j i PL!\, \i ~':G ;,ND J ZON,i'.b DEPT. ! TYPE OF RELIEF SOUGHT Zoning Code Variance (rear setback) LOCATION OF PROPERTY 4925 Park Ridge Blvd DRAWING(S) SEE EXHIBIT "B" ATTACHED HERETO I l ~ ~ X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above The City Commission hereby adopts the findings and recommendation of the Planning and Development Board which Board found as follows OR 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 -1L HAS 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 "C" with notation "Included" 4 The Applicant's application for relief is hereby -1L GRANTED $ubject to the conditions referenced in paragraph 3 hereof DENIED .. 5 This Order shall take effect immediately upon issuance by the City Clerk. 6 All further development on the property shall be made in accordance with the terms and conditions of this order 7 Other ,\\\\\\1" 1111,,'1'/ ~\\' II/. ~~ ~o'f N"rO /~ ~,.. ....-.... ~ 'l -:; 0" ....~O^ ... <9 ~ .$ ."I"Y "'Ji~'" ~ ~ - e .~ '- :r /.... \ "'? ::. - o()-- \ 0 \ 1920..1:r J ~ \.. .-;:; ~ -............ ~ ~ ~LOR\O.. ~~ ~/1. \" "111111/ /111\"\\\ DATED'~~ /99'~ ~~~~L<2~j City Clerk J'\SHRDA TA\Planning\SHARED\WP\PROJECTS\Packaging Concepts\ZNCV\DEVELOPMENT ORDER.doc EXHIBIT "0" Conditions of Approval PrOject name Packagmg Concepts File number ZNCV 98-006 (rear setback) Reference Zonmg Code VarIance applicatIOn dated AprIl 8. 1998. DEP ARTMENTS INCLUDE REJECT PUBLIC WORKS Comments. None X UTILITIES Comments None X FIRE Comments None X POLICE Comments. None X ENGINEERING DIVISION Comments. None X BUILDING DIVISION Comments. None X PARKS AND RECREATION Comments. None X FORESTER/ENVIRONMENT ALIST Comments. None X PLANNING AND ZONING .,. Comments. None X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CC)NDITIONS 1 NONE. X ADDITIONAL CITY COMM1SSION CONDITIONS 2. 'Io ee determined. ~JII'G V" /dim }'\SHRDA T AIPLANNINGISHAREDlWP\PROJECTSIPACKAGING CONCEPTS\ZNCV\COND OF APPR,DOC MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MAY 26,1998 5 COMMUNICATIONS AND ANNOUNCEMENTS. (Mike Rumpf, Acting Planning and Zoning Director) Mr Rumpf informed the Board that all items that were approved at the May 12,1998 Meeting were approved by the Commission with the exception of the Bradshaw Variances that were tabled at the previous meeting Also, Mr Rumpf stated that the Riverwalk Plaza Variance item was postponed for thirty days at the Commission meeting The following items were approved at the Commission meeting via the Consent Agenda. . Packaging Concepts (Variance) . Benvenuto's Restaurant (Variance) . Caretenders (Request for Modification) . Whitefield Interiors (Request for Use Approval) . Lalane Dentist Office (Site Plan Approval) Mr Dube inquired if there were new land development books available. Mr Rumpf stated he would have an updated book for each Board member Mr Reed also inquired as to the status of the updating of the sign and landscape codes. Mr Rumpf stated he did not have any more information at this time. Hopefully, there will be more information at the next meeting Mr Reed also noted that when Mr Aguila was on the Board, he proposed that some type of recognition be adopted by the City for property that exhibited good characteristics. to be announced on a quarterly or yearly basis. Mr Reed inquired what happened to this program? Mr Rumpf stated that the Commission approved this concept. Attorney Pawelczyk stated that Ms. Heyden was in charge of this program. but since she is no longer with the City. Mr Rumpf will be in charge of the program. Before anything can be done. Attorney Pawelczyk stated that the Board will have to decide upon a date and the details will have to be worked out. Mr Rumpf also stated he will check into this further and report back to the Board Ms. Frazier noted that the signs had been removed from Discount Auto. 2 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MAY 26,1998 Attorney Pawelczyk administered the oath to all witnesses who would be testifying during this evening proceedings 6. OLD BUSINESS None 7 NEW BUSINESS A. PUBLIC HEARING Zoning Code Variance 1 Project: Agent: Location Request: 658 Manor Drive (Barbara Bradshaw) Peter H. Schmidt 658 Manor Drive Request for variances from the City of Boynton Beach Land Development Regulations, Chapter 2- Zoning, Section 5.G.2.a to allow a reduction of the minimum side yard requirement from 20 feet to 1.6 feet and the minimum rear yard requirement from 40 feet to 10.7 feet, respectively Mr Dube stated that he had a private conversation with Ms. Barbara Bradshaw prior to the meeting, which was instituted by Ms. Bradshaw Mr Reed also stated that he was at the location of the Petitioner to certify the yard for the Cooperative Extension Program of Palm Beach County Chairman Wische stated that this Zoning Code Variance was before the Board two weeks ago and has been reviewed thoroughly and tt'e material again has been reviewed for tonight's hearing Chairman Wische stated that staff has only one comment "all units shall meet all buildIng related codes and regulations" Peter H Schmidt, Esquire, 400 S. Dixie Highway, Boca Raton, Florida took the podium. Mr Schmidt stated he felt the staff report was prepared very thoroughly and comprehensively and did not have anything to add Mr Schmidt stated he would be glad to make a formal presentation if requested to do so. 3 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH. FLORIDA MAY 12.1998 With regard to the timing, Mr Carey stated they could have applied earlier There have been a number of requests they have tried to accommodate with the heights, which has affected their decision making Mr Carey said that the property drops off three feet into the Mangrove swamp Mr Carey was not disputing the reasoning behind the construction of the concrete wall, but stated this area in question is a spoils area. Mr Carey also stated that when the neighbors approached him about screening the Winn- Dixie store, 25 and 30-foot trees were planted, costing at least $30,000 Mr Carey said that the wall would not go down to the water It would be about 100 feet short of the water The wall would begin about 50' beyond the building and head westerly Mr Carey stated that the fence they would construct would serve the intended purpose of holding back debris and the likelihood of any residential construction on that property would be nil Mr Carey further stated that if there ever was a likelihood that this property were likely to become residential, he would not have made the request to construct this fence Mr Dube made a motion that the request of the Riverwalk Plaza Project for a variance from the City of Boynton Beach land Development Regulations, Chapter 2-Zoning, Section 4 l-Buffer Walls, to allow a 6 foot high chain linked fence along the south property line in lieu of the required 6 foot high concrete block buffer wall to separate the Riverwalk Plaza from the abutting residential district be denied Motion seconded by Mr Rosenstock. Motion to deny carried 7-0. (Mr Dube stated that the Applicant failed to prove a hardship for granting of a variance.) Zonin9 Code Variance (Rear Set Back) Description Packaging Concepts Thomas J Willi 4925 Park Ridge Blvd. (Packing Concepts at Quantum Park PID) Request for variance from t'le City of Boynton Beach Land Development Regulations, Chapter 2 - Zoning, Section 7- Planned Industrial Development, H 16, to reduce the required rear setback from 30 feet to 13 feet to allow installation of an aluminum pan roof over existing ground- mounted mechanical equipment. 2. Project: Agent: Location Chairman Wische inquired if the Applicant was present and was informed that he was 8 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH. FLORIDA MAY 12.1998 Tom Willi, 6229 Country Fair Circle, Boynton Beach, Boynton Beach took the podium Chairman Wische informed the Applicant that staff was recommending approval of the variance and asked if Mr Willi wished to add anything to the Petition Mr Willi stated he had nothing he wished to add at this point. Chairman Wische asked if staff or the Board had any additional comments Mr Myott inquired if there was going to be any work performed under the shed in the open Mr Willi stated the purpose of the cover is to cover existing ground-mounted equipment and air compressing equipment that is weather sensitive No work will be performed outside Mr Wische asked if there were any more comments from the Board There were no additional comments Chairman Wische inquired if anyone in the audience had any comments There were none. Motion Mr Rosenstock moved that the request of Packaging Concepts for a variance from the City of Boynton Beach Land Development Regulations, Chapter 2 - Zoning, Section 7 - Planned Industrial Development, H 16 to reduce the required rear setback from 30 feet to 13 feet to allow installation of an aluminum pan roof over existing ground-mounted mechanical equipment be approved Motion seconded by Mr Dubs and carried 7-0 Parking Lot Variance 3. Project: Agent: Location Description Benvenuto's Restaurant Jean-Philipe Gaudree 1730 N Federal Highway Request for variance from the City of Boynton Beach Land Development Regulations, Chapter 23-Article II, Section 1.1 to allow the existing parking area with 24 foot wide access aisles and 24-foot back-up area to be exempt from the current standard of 27 feet in connection with an addition to the existing restaurant. The existing parking area to be covered by the 9 MEETING MINUTES REGULAR CITY CO MISSION BOYNTON BEACH. FLORIDA MAY 19. 1998 5. Proposed Resolution No. R98-96 Re: Approve and execute an Interlocal agreement with Palm Beach County for the lease, use and operation of four Transit Coaches 6. Proposed Resolution No. R98-97 Re: Approve and execute an Interlocal agleement with the Board of County Commissioners to participate in a single unified local mitigation strategy to pre-identify and prioritize hazard mitigation projects 7 Proposed Resolution No. R98-98 Re: Authorizing and directing the Mayor and City Clerk to execute the following contracts between the City of Boynton Beach and BellSouth: Purchase of an NEC NEAX2400 PBX, (Piggybacking on South Florida Water Management District Bid for $457,393.42 with $210,000 down payment and a three-year lease at 6.14% interest); Telephone Central Office Services (Network Facilities) (From State of Florida Contract #OMS 97/98-018 and PSC tariff rates for non contract items in amount of $16,370 installation and $8,475 monthly for five years); a five-year "Pinpoint 9-1-1- service agreement at $4,180 installation and $288 monthly .~ Item IV C 7 removed from the Consent Agenda to the City Manager's Report for presentation 8. Proposed Resolution No. R98-99 Re: Authorizing the Mayor and City Clerk to execute Phase 2. and Phase 3 options with H.T.E., Inc., providing for software, training, support and conversion services on the contract previously approved by Resolution R97 -152; authorizing and directing the Mayor and City Clerk to execute a customer information system purchase option with H.T.E., Inc., and execution of a contract addendum for said purchase 9 Proposed Resolution No. R98-1 00 Re: Approving the final plat for East Ridge PUD 10. Proposed Resolution No. R98-101 Re: Ratifying the agreement with the Palm Beach County Police Benevolent Association, Inc. (P B.A.) for fiscal year 1997-98 D Ratification of Planning & Development Board Action: 1 658 Manor Drive (Barbara Bradshaw) - Variance from LDRs Chapter 2 - Zoning, Section 5.G.2 to allow a reduction of the minimum side yard requirement from 20' to 1.6' and the minimum rear yard requirement from 40' to 10.7', respectively 7 MEETING MINUTES REGULAR CITY CO~IISSION BOYNTON BEACH. FLORIDA MAY 19. 1998 Item IV 0 1 was removed from the Consent Agenda and Tabled 2. 658 Manor Drive (Barbara Bradshaw) - Variances from Chapter 2 - Zoning, Section 5.G.2.a to allow for a reduction of the required minimum 750 square feet of living area for apartment units to 370 square feet for Unit #5; 568 square feet for Unit #9, and 499 square feet for Unit #10 Item IV 0.2 was removed from the Consent Agenda and Tabled 3. Riverwalk Plaza (Lee Starkey) 1606 South Federal Highway - Variance from the LDRs, Chapter 2 - Zoning, Section 4.L - Buffer Walls, to allow a 6' high chain linked fence along the south property line in lieu of the required 5' high concrete block buffer wall to separate the Riverwalk Plaza from the abutting residential district Item IV 0.3 was removed from the Consent Agenda and Tabled 4 Packaging Concepts (Thomas J. Willi) - 4925 Park Ridge Boulevard (Packaging Concepts at Quantum Park PID) - Variance from the LDRs, Chapter 2 - Zoning, Section 7 - Planned Industrial Development, H.16, to reduce the required rear setback from 30' to 13' to allow installation of an aluminum pan roof over existing ground-mounted mechanical equipment. 5. Benvenuto's Restaurant (Jean-Phillippe Gaudree) 1730 North Federal Highway - Variance from the LDRs, Chapter 23 - Article II, Section 1.1 to allow the existing parking area with 24' wide access aisles and 24' back- up area to be exempt from the current standard of 27' in connection with an addition to the existing restaurant The existing parking area to be covered by the variance will be used exclusively for valet parking. 6. Caretenders at Newport Place (Robert Kuoppala) - 4745 NW 7"h Court, Lantana, Florida 33462 - Modification to the master plan for Newport Place PUD to replace medical office use with an adult day care center to consist of a maximum of 70 guests and 12 staff within the existing 6,300 square foet building. 7 Whitfield Interiors - Quantum Park PID (Nicole Swift, Butters Construction and Development) - immediately west of 1-95, north and souttl of Gateway Boulevard - Use approval to add manufacturing, fabrication and assembly of furniture to the Quantum Park PID list of pennitted uses for all parcels with an industrial master plan designation. 8. Robert A. LaLane II, DMD (Michael Corbett) - 2521 South Federal Highway - Site plan approval to construct a 3,648 square foot dental office with associated landscaping and parking. 8 MEETING MINUTES REGULAR CITY CO MISSION BOYNTON BEACH. FLORIDA MAY 19. 1998 E. Approval of Bills F Approval of Housing Rehabilitation Cc.se No. 297002lNathaniel and Joetta Morgan in the amount of $26,092.50. This amount inctudes the leveraging of State of Florida Housing Initiative Program funding of $10.000 and City Home Improvement funding of $16,092.50 Item IV F was removed from the Consent Agenda for presentation G Authorize the Public Works Department to implement a citywide rollout garbage cart program, and to automate garbage collection services. Authorize the sole source purchase of the first automated garbage collection vehicte (Heil Starr System) H Authorize application for a grant from the U. S. Department of Housing and Urban Development (HUD). Office of Lead Hazard Control. This is part of the "Lead-Based Paint Hazard Control in Privately-Owned Housing Grant Program" Approve distribution of $719,952 of the State Fiscal Year 1999 federally funded Drug Control and System Improvement (DCSI) Formula Grant Program Item IV I was removed from Consent Agenda for disaJssion J. Approve the special event request from Pete Rose Ballpark Cafe to host another Classic Car and Truck Show on Sunday, June 14, 1998 in the parking lot of the Holiday Inn at Catalina Centre subject to staff comments and requiring adherence to City Ordinances and State laws Motion Commissioner Titcomb moved to approve the Consent Agenda with the exceptions of Items IV- C.1, IV-CA, IV-C.7, 0-1, 0-2, 0-3. F and I. Mayor Pro Tem Tillman seconded the motion. Motion carried 5-0. CONSENT AGENDA DISCUSSION ITEM: IV F Approval of Housing Rehabilitation Case No. 297002lNathaniel and Joetta Morgan In the amount of $26,092.50. This amount Includes the leveraging of State of Florida Housing Initiative Program funding of $10,000 and City Home Improvement funding of $16,092.50 Commissioner Oenahan asked Ms. Octavia Sherrod to take the podium. Commissioner Denahan stated that Boynton Beach isn't just working with developers, but also assisting the 9