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LEGAL APPROVAL MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 18, 1995 D, Project: Farm Stores APPLICANT REQUESTED THIS ITEM BE WITHDRA WN A T THE PLANNING AND DEVELOPMENT BOARD MEETING Agent: A. M, Pascual EGN,lnc. REWJB Investments, d/b/a Farms Stores Northwest corner of Boynton Beach Boulevard and NW 7th Court PARKING lOT VARIANCE: Request for relief from Chapter 23 - Parking lots, Article II, Section H.3., land Development Regulations to allow a driveway on Boynton Beach Boulevard to be located 53 feet, rather than the required 180 feet, from the intersection of NW 7th Court; Owner: location: Descri ption: and Request for relief from Chapter 23 - Parking lots, Article II, Section 1.1, land Development Regulations, to allow the back-up distance of 19 feet, rather than the required 27 feet, for one-way, 900 parking This item was withdrawn at the Planning and Development Board meeting, VII. PUBLIC AUDIENCE: Stella Rossi, 625 Whispering Pines Road, read a letter she wrote to City Manager Parker, She distributed copies of the letter to the Commissioners, The letter documented the site back to 1984, She spoke of the permitting process involving the 15-acre parcel on Seacrest Boulevard at the south end of Boynton Beach, It is her opinion that the destruction which took place to the flora and wildlife was deliberate, It is apparent that the Tree City ordinance was not upheld. The 25 percent set aside preservation area was destroyed by bulldozers. One acre of the ground facing Seacrest was completely cleared of all vegetation. She questioned what the City intends to do about this situation and what will be done to prevent this from happening in the future. A citizen reported the situation on High Ridge Road to the Florida Game and Fresh Water Fish Commission, Another citizen has now called them again because of these violations, Ms. Rossi requested receipt of the biosurvey requested by the Florida Game and Fresh Water Fish Commission of the developer, Mayor Taylor advised that the City Manager will investigate this situation, City Manager Parker stated that prior to the clearing and grubbing, Kevin Hallahan walked the site with the developer. The tree areas at the site on High Ridge Road were marked, The contractor has admitted his mistake in that area. In this situation, the City has not yet received information from the contractor, Our permit was for clearing paths in the underbrush only, The contractor went beyond the permit. We will follow up with mitigations. It is also believed that the Florida Game and Fresh Water Fish Commission will be fining 19 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 18, 1995 "ft1IIII the contractor, Mayor Taylor asked City Manager Parker to keep Ms, Rossi up-to-date on what is happening with this situation. City Manager Parker advised that another resident, Mary Law, contacted City Hall on this same issue, Mary Law, 625 S. Federal Highway, spoke about the Hills of Lake Eden property, formerly known as Rolling Wood, On July 12, 1995, Ms, Law questioned several City employees to determine why the property was being cleared by a bulldozer, No answer was forthcoming that day, In the evening, she walked the property and found that native plants and trees were bulldozed to the ground. She also saw evidence of several gopher tortoise holes covered up by the bulldozer. At 7:45 a,m, on Friday, Ms, Law walked the property before City employees arrived to meet with her. The bulldozer was working toward the southwest ridge, The driver of the bulldozer said the only instruction he was given was to clear the property. When the boss arrived, the City employees advised him that he had gone beyond the permit and they could not continue until another permit was issued, Ms, Law requested clarification on why the permit was issued and questioned how this can be prevented in the future, She urged the Commissioners to walk the site to see what happened on this property, City Manager Parker reiterated that work was immediately stopped when a determination was made that the contractor exceeded the contract. The permit was issued to facilitate a tree count. In Ms, Rossi's opinion, Florida Game and Fresh Water Fish Commission will probably not do much .."", about this situation because they are very limited to gopher tortoises, It is the City's responsibility to have the contractor compensate for the damage, Mayor Taylor suggested reviewing the procedures for issuing such permits and making sure they stay within the boundaries of the permit. Mayor Pro Tem Matson questioned whether or not any City staff follows up on these permits. City Manager Parker advised that this damage was done within a two-day period, Staff is investigating the environmental impact, The Florida Game and Fresh Water Fish Commission will investigate the impact on the gopher tortoises, Commissioner Jaskiewicz recommended raising the thermostat for the next City Commission meeting since the Chambers are very cold, VIII. DEVELOPMENT PLANS: A. Project: Agent: Owner: Location: Description: Papa John's Interplan Practice, Ltd, Papa Johns USA Northeast corner of NW 7th Court and Boynton Beach Boulevard LAN DSCAPE APPEAL: Request for a landscape code appeal to overhang a required landscape strip with bumpers of parked cars. See motion following discussion of Item B - New Site Plan. 20 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 18, 1995 D, Project: Farm Stores APPLICANT REQUESTED THIS ITEM BE WITHDRAWN AT THE PLANNING AND DEVELOPMENT BOARD MEETING Owner: location: Description: A. M, Pascual EGN,lnc. REWJB Investments, d/b/a Farms Stores Northwest corner of Boynton Beach Boulevard and NW 7th Court PARKING LOT VARIANCE: Request for relief from Chapter 23 - Parking lots, Article II, Section H,3., land Development Regulations to allow a driveway on Boynton Beach Boulevard to be located 53 feet, rather than the required 180 feet, from the intersection of NW 7th Court; Agent: and Request for relief from Chapter 23 - Parking lots, Article II, Section 1.1, land Development Regulations, to allow the back-up distance of 19 feet, rather than the required 27 feet, for one-way, 900 parking This item was withdrawn at the Planning and Development Board meeting, VII. PUBLIC AUDIENCE: Stella Rossi, 625 Whispering Pines Road, read a letter she wrote to City Manager Parker, She distributed copies of the letter to the Commissioners, The letter documented the site back to 1984. She spoke of the permitting process involving the 15-acre parcel on Seacrest Boulevard at the south end of Boynton Beach, It is her opinion that the destruction which took place to the flora and wildlife was deliberate. It is apparent that the Tree City ordinance was not upheld. The 25 percent set aside preservation area was destroyed by bulldozers. One acre of the ground facing Seacrest was completely cleared of all vegetation. She questioned what the City intends to do about this situation and what will be done to prevent this from happening in the future, A citizen reported the situation on High Ridge Road to the Florida Game and Fresh Water Fish Commission, Another citizen has now called them again because of these violations. Ms. Rossi requested receipt of the biosurvey requested by the Florida Game and Fresh Water Fish Commission of the developer. Mayor Taylor advised that the City Manager will investigate this situation, City Manager Parker stated that prior to the clearing and grubbing, Kevin Hallahan walked the site with the developer. The tree areas at the site on High Ridge Road were marked. The contractor has admitted his mistake in that area, In this situation, the City has not yet received information from the contractor. Our permit was for clearing paths in the underbrush only, The contractor went beyond the permit. We will follow up with mitigations. It is also believed that the Florida Game and Fresh Water Fish Commission will be fining 19 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 18, 1995 the contractor, Mayor Taylor asked City Manager Parker to keep Ms. Rossi up-to-date on what is happening with this situation, City Manager Parker advised that another resident, Mary law, contacted City Hall on this same issue, Mary Law, 625 S. Federal Highway, spoke about the Hills of lake Eden property, formerly known as Rolling Wood. On July 12, 1995, Ms. law questioned several City employees to determine why the property was being cleared by a bulldozer. No answer was forthcoming that day. In the evening, she walked the property and found that native plan.ts and trees were bulldozed to the ground, She also saw evidence of several gopher tortoise holes covered up by the bulldozer. At 7:45 a.m, on Friday, Ms, law walked the property before City employees arrived to meet with her. The bulldozer was working toward the southwest ridge, The driver of the bulldozer said the only instruction he was given was to clear the property. When the boss arrived, the City employees advised him that he had gone beyond the permit and they could not continue until another permit was issued. Ms, law requested clarification on why the permit was issued and questioned how this can be prevented in the future, She urged the Commissioners to walk the site to see what happened on this property, City Manager Parker reiterated that work was immediately stopped when a determination was made that the contractor exceeded the contract. Th.e permit was issued to facilitate a tree count. In Ms, Rossi's opinion, Florida Game and Fresh Water Fish Commission will probably not do much about this situation because they are very limited to gopher tortoises. It is the City's responsibility to have the contractor compensate for the damage. Mayor Taylor suggested reviewing the procedures for issuing such permits and making sure they stay within the boundaries of the permit. Mayor Pro Tem Matson questioned whether or not any City staff follows up on these permits. City Manager Parker advised that this damage was done within a two-day period, Staff is investigating the environmental impact. The Florida Game and Fresh Water Fish Commission will investigate the impact on the gopher tortoises, Commissioner Jaskiewicz recommended raising the thermostat for the next City Commission meeting since the Chambers are very cold. VIII. DEVELOPMENT PLANS: A. Project: Agent: Owner: Location: Description: Papa John's Interplan Practice, Ltd. Papa Johns USA Northeast corner of NW 7th Court and Boynton Beach Boulevard LANDSCAPE APPEAL: Request for a landscape code appeal to overhang a required landscape strip with bumpers of parked cars, See motion following discussion of Item B - New Site Plan. 20 MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JULY 11, 1995 PARKING lOT VARIANCE 1. Project: Agent: Taco Bell at the Shoppes of Woolbright PCD . Eduardo L. Carcache eKE Group, Inc. Taco Bell Corporation Northeast corner of Woolbright Road anrl c:,W 8th Street Request for relief from Chapter 23 - Parking lots, Article II, Section H.5., land Development Regulations, to reduce the distance between a street right-of-way line at a major driveway to a parking space/access aisle from the required 100 feet to 30 feet. Owner: location: Description: This item was addressed earlier in the meeting. Description: Farm Stores A. M. Pascual EGN, Inc. REWJB Investments, d/b/a Farm Stores Northwest corner of Boynton Beach Boulevard and N.W. 7th Court Request for relief from Chapter 23 - Parking lots, Article II, Section H.3., land Development Regulations to allow a driveway on Boynton Beach Boulevard to be located 53 feet, rather than the required 180 feet, from the intersection of N.W. 7th Court. 2. Project: Agent: Owner: location: and Request for relief from Chapter 23 - Parking lots, Article II, Section 1.1, land Development Regulations to allow the back-up distance of 19 feet, rather than the required 27 feet, for one-way, ninety degree (900) parking. This item was withdrawn at the applicant's request. 28 Mayor Taylor advised that the City Manager will investigate this situation, City Manager Parker stated that prior to the clearing and grubbing, Kevin Hallahan walked the site with the developer. The tree areas at the site on High Ridge Road were marked. The contractor has admitted his mistake in that area, In this situation, the City has not yet received information from the contractor. Our permit was for clearing paths in the underbrush only. The contractor went beyond the permit. We will follow up with mitigations. It is also believed that the Florida Game and Fresh Water Fish Commission will be fining 19