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AGENDA DOCUMENTS MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUL V 18, 199,) . 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, fonnerly 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 e 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. e 20 25 C I T Y 0 F PLANNING & BOY N TON B E A C H DEVELOPMENT BOARD MEETING AGE N D A DATE: Tuesday, July 11, 1995 TIME: 7:00 P.M. PLACE: Commission Chambers 100 E. Boynton Beach Boulevard Boynton Beach, Florida 1. Pledge of Allegiance. j 2. Introduction of Mayor, Commissioners and Board Members. 3. Agenda Approval. 4. Approval of Minutes. 5. Communications and Announcements. A. Report from the Planning and Zoning Department 1) Final disposition of last month's agenda items. B. Filing of Quarterly Report for Site Plan Waivers and Minor Site Plan Modifications. 6. Old Business: None 7. New Business: A. PUBLIC HEARING CONDITIONAL USE 1. PROJECT NAME: Farm Stores AGENT: A.M. Pascual EGN, Inc. OWNER: REWJB Investments, d/b/a Farm Stores LOCATION: Northwest corner of Boynton Beach Boulevard and N.W. 7th Court DESCRIPTION: Request for conditional use approval to construct a 756 square foot drive-through, convenience store with two drive-up windows on a .29 acre parcel. 2. PROJECT NAME: Taco Bell at the Shoppes of Woolbright PCD AGENT: Eduardo L. Carcache CKE Group, Inc. OWNER: Taco Bell Corporation LOCATION: Northeast corner of Woolbright Road and S.W. 8th Street DESCRIPTION: Request for conditional use approval to construct a 2,616 square foot restaurant with a drive-through window on a .895 acre parcel. . . e MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 21, 1995 Mr. Hansen thanked Mayor Pro Tern Matson for her kind comments and expressed his appreciation of City staff being supportive and very good to work with over the last few months in resolving problems. The motion carried 5-0. VII. PUBLIC AUDIENCE This item was dispensed with before the public hearing. VIII. DEVELOPMENT PLANS A. Project Name: Agent: Owner: Location: Papa Johns............................................ . TABLED Interplan Practice, Ltd. Papa Johns USA Northeast comer of N. W. 7th Court and Boynton Beach Boulevard Request for a landscape code appeal to overhang a required landscape strip with bumpers of parked cars Description: Robert Ison, attorney for Papa Johns USA, was present, as well as the planner, Bemmie Eustace. Ms. Eustace s~id she spoke to Mike Haag of the Planning and Zoning Department today about postponing this in light of the Board of Adjustment decision last night to deny the rear setback variance. She felt it would be better to come back with a plan that met the setback that the Commission could vote on and consider at that time, as opposed to projecting the problems with shifting the site around again. City Attorney Cherof suggested tabling this item until the next meeting. Ms. Eustace was not sure she could get the package back to staff in sufficient time to get on the agenda for the December 19 City Commission meeting. Mayor Taylor suggested tabling this item to December 19 and if the applicant is not ready, it can be tabled again. It was the consensus of the City Commission to table this item until December 19. 13 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7,1995 be down in three years at Grove Plaza. If the amortization was readdressed and extended, then it would be a moot point because the project would be built. In addition, she advised that we received information from DOT which states that the only two roads to be considered for federal aid are U.S. #1 and 1-95. The City does not have signs on U.S. #1 or 1-95 that are involved in this proposal. Vice Mayor Bradley would like management and the City Attorney to engage in further conversation with the billboard companies to reach a settlement which might include extending the amortization period. Motion Commissioner Rosen moved that the Commission reject the agreement regarding billboard relocations to 1-95. Mayor Pro Tem Matson seconded the motion. Vice Mayor Bradley requested a point of order. He questioned whether or not a motion was necessary. Attorney Cherof explained that this issue could be disposed of with no action if there was no motion or second. Vice Mayor Bradley feels it is important to look at the idea of the amortization period because this could be an ongoing situation. The motion carried 4-1. (Mayor Taylor cast the dissenting vote.) Attorney Cherof advised that this debate has given staff the opportunity to look closely at the Sign Ordinance. The premise is that it is enforceable. Mr. Bassalino is a very astute, creative businessman who has brought a great deal to the dialogue on this issue. Attorney Cherof requested a consensus of the Commission to review the Sign Code and incorporate the assistance of the sign companies in the evaluation. He will bring back recommendations to the Commission. A consensus was reached by the Commission. B. PROJECf NAME: Papa John's.......................................... ........................ ..TABLED APPLICANT REQUESTED TO BE TABLED UNTil NOVEMBER 21, 1995 AGENT: lnterplan Practice, ltd. OWNER: Papa Johns USA LOCATION: Northeast corner of N.W. 7th Court and Boynton Beach Boulevard DESCRIPTION: LANDSCAPE APPEAL: Request for a landscape code appeal to overhang a required landscape strip with bumpers of parked cars. 22 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1995 Wexler making a presentation here in Boynton Beach when these billboards are not allowed in his home town of Boca Raton. We have a good Sign Ordinance and Mayor Pro Tern Matson feels we should be listening to the residents. She will not support this proposal. In addition, she has a letter from the Florida league of Cities which says the Senate Interim Project for this year is highway beautification. The Senate will be addressing billboards and signage this year. The reason this issue is so urgent now is because there is a very good possibility that DOT and the Legislature will ban these signs completely. Vice Mayor Bradley said this is a basic issue and it involves whether or not our Ordinance, which includes amortization for the existing billboard, is valid. He recommends directing the City Attorney to look at working with the billboard companies to come up with an alternative . arrangement and review the amortization periods. Mayor Taylor asked that the record reflect the fact that this came forward as a business proposal to the Commission. There were companies who already had billboards within the community that the residents did not want in those locations. Mayor Taylor would not go to court on this issue with taxpayers' money. He looked at this proposal as a business proposition. He does not feel this was an urgent issue. It has been reviewed for the last several months. He feels it is very interesting that people who do not want these signs on 1-95 will probably be back in a few months wanting to put commercial signs there for businesses that want to come into the City. In Mayor Taylor's opinion, he felt $50,000 a year would benefit the City. This would have been a revenue source that could have funded after-school programs and the Head Start Program. John Gerberr Shutt!; & Bowen, offered to answer questions the Commission might have. He said this is a serious legal question for the City. Hopefully, given the legal and financial consequences, there will be a viable alternative. The most basic principal at issue is the idea that there is no taking without just compensation. This is under the fifth amendment of the Constitution of the United States. This is a clear principal of law. The government cannot take a person's property without just compensation. A taking would be involved here. The Ordinance now provides that just compensation would be an amortization period. Amortization in this case, under the law, would not provide just compensation. These billboards are along roads receiving federal aid. Mayor Taylor pointed out that the Commission's responsibility is to decide whether or not to remove the billboards from their current locations and replace them along 1-95. Mayor Pro Tern Matson pointed out that the City would have responsibility for only two billboards since the other six are on properties that have been approved for development. Mayor Pro Tem Matson said the Commissioners received something that said the signs would 21 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 17, 1995 DESCRIPTION: LANDSCAPE APPEAL: Request for a landscape code appeal to overhang afequired landscape strip with bumpers of parked cars. B. PROJECT NAME: Papa John's ................................................................... TABLE D APPLICANT REQUESTED TO BE TABLED UNTIL OCTOBER 17, 1995 AGENT: Interplan Practice, Ltd. OWNER: Papa Johns USA LOCATION: Northeast corner of N.W. 7th Court and Boynton Beach Boulevard DESCRIPTION: NEW SITE PLAN: Request for site plan approval to construct a 1,142 square foot take-out pizza store on .22 acres Mayor Taylor announced that the applicant has requested that this item remain on the table. Staff has expressed concerns about the fact that the applicant has not yet secured an agreement with Wendy's for access to the dumpster. In addition, there are problems with the ingress and egress. Staff recommends keeping the items on the table until the November 21 City Commission meeting. Commissioner Jaskiewicz feels that the applicant has expended a tremendous amount of time on this project, and is willing to keep this item on the table until November 21. Mayor Pro Tem Matson agreed with these remarks. Motion Commissioner Jaskiewicz moved to table this until November 21,1995. Mayor Pro Tem Matson seconded the motion which carried unanimously. C. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Tara Oaks PUD ............................................................. TABLED Kilday and Associates Bill Ray Winchester Northeast corner of Woolbright Road and Knuth Road extended Request for approval to modify the previously approved master plan to change access points, recreational amenities, unit type from apartments to townhouses and use acreage Motion Mayor Pro Tem Matson moved to remove Item VIII-C from the table. Vice Mayor Bradley seconded the motion which carried unanimously. Kieran Kilday, representing. PulteHomes, advised that the handout contained an itemized list of the conditions the applicant had problems with. This project is on a very long, narrow piece of property which extends along the planned Knuth Road. This project is required to construct Knuth Road just north of Woolbright Road midway to Boynton Beach Boulevard. This is one of three projects Mr. Kilday represented in 1990. Earlier this year, a time extension was granted on this project. At that time, Pulte Homes was introduced to the Commission as the contract purchaser. He indicated Pulte's intention to move forward with the project with some changes. The original project had an approval for an apartment complex which was two-stories in height. Pulte decided to construct a "for sale" town 14 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 17, 1995 Vice Mayor Bradley said that when this issue resurfaced the last time, he was on the fence when the decision was made. He has given it a great deal of thought, and does not see a problem with a boat canopy without sides. He also feels that when people live on the water, they must accept the fact that a neighbor may have a boat and a canopy to cover it. It is possible that additional discussion with other agencies may be necessary. According to Mr. Rodriguez, the only agency he needs to deal with is Boynton Beach. However, Mayor Pro Tem Matson explained that other areas in the City must deal with South Florida Water Management District and Lake Worth Drainage District. Ordinances cannot be changed for only one person. Attorney Cherof offered to investigate this situation and report back to the Commission. Troy Innis, 3535 South Lake Drive,. is a marine contractor and was instrumental in permitting through the City of Boynton Beach 19 boat houses with covers. When this issue came before a previous Commission, Mr. Innis felt it was a personal issue with one of the previous Commissioners. At that time, Mr. Innis was unable to adequately state the facts relative to this issue. In his opinion, and in his engineer's opinion, if the dock and canopy are constructed properly, they will pose no hazard during hurricanes. Mr. Innis would like an opportunity to show the Commissioners the facts he has available. City Manager Parker advised that the City publicized articles in the newspapers and Funfare Magazine. The City has processed over 300 applications and denied all of them for canopies based on previous Commission direction. City Manager Parker requested direction relative to notifying the people who were denied canopies. A decision was made to address the issue first before making a decision on notifying applicants. This item will be placed on a workshop meeting agenda. Dave Beasley, 515 SW 2.AYe.~requested a status report on the noise wall on the east side of 1-95. Vice Mayor Bradley advised that there are almost definite plans to build the wall from Woolbright Road to Hypoluxo Road. There is one gap which has not definitely been paid for, but DOT believes the funding will be available. Jerry Broening, 82QJ'IWriaRoad, represented the Inlet Cove Neighborhood Association. He was present to speak on the Code amendment relative to psychic readers. Mayor Taylor requested that Mr. Broening address this subject when the Commission gets to that point of the agenda. VIII. DEVElOPMENT PLANS: A. PROJECT NAME: Papa John's .................................................................. TABLED APPLICANT REQUESTED TO BE TABLED UNTIL OCTOBER 17, 1995 AGENT: Interplan Practice, Ltd. OWNER: Papa Johns USA LOCATION: Northeast corner of N.W. 7th Court and Boynton Beach Boulevard 13 St, MINUTES CITY COMMIS~4)N MEETING BOYNTON BEACH, FLORIDA OCTOBER 2, 1995 VIII. DEVELOPMENT PLANS A. Project Name: Papa Johns...........-'.................................TABLED APPLICANT REQUESTED TO B~ABLED uNTIL OCTOBER 17, 1995 Agent: Interplan Pra9!ice, Ltd. Owner: Papa Johns USA Location: Northeast comer of N.W. 7th Court and Boynton Beach Boulevard Description: Request for a landscape code appeal to overhang a required landscape strip with bumpers of parked cars This item was left on the table. B. Project Name: PapaJohns............................................ .. TABLED APPLICANT REQUESTED TO BE TABLED UNTIL OCTOBER 17,1995 Agent: Interplan Practice, Ltd. Owner: Papa Johns USA Location: Northeast comer of N.W. 7th Court and Boynton Beach Boulevard Description: Request for site plan approval to construct a 1,142 square foot take-out pizza store on .22 acres This item was left on the table. C. Tara Oaks Master Plan Modification Kieran Kilday, the agent for this project, advised that several issues need further clarification, such as the road, and whether it was on the plan or deleted from the plan. He requested that this matter be postponed for two weeks in order to obtain the necessary information to resolve these issues. It was the consensus of the Commission to postpone this item until October 17, 1995. 11 MINUTES CITY COMMISSlQN MEETING BOYNTON BEACH, FLORIDA OCTOBER 2,1995 ., IX. NEW BUSINESS AA.l Report on the Florida League of Cities Committee Meeting Mayor Pro Tern Matson reported that the Florida League of Cities held their policy committee meetings this past Friday to prioritize their legislative policies for the coming year to present them to the Legislative Delegation and the rest of the cities at the Legislative Conference in November. The Intergovernmental Relations Committee, of which she is a member, will support the following legislative policies: Legislation providing a constitutional amendment for the 1996 general election which will expand the parameters of the Constitutional Revision Commission (CRC), giving the CRC the full purview of the Constitution. We deal with issues that transcend local boundaries and we want to make sure that each level of government respects the goals and objectives of each entity and that we can use our own unique resources to understand and respond to concerns. Legislation that will promote all government entities, existing regional and local districts, councils, agencies, and state designated committees to have representation on local government, local boards, and state boards. The Committee feels this will prevent taxation without representation. The Committee is looking for direct participation by municipal government in designing funding formulas, methods of distribution of Federal and State funds shared with municipalities, and the development and maintenance of these intergovernmental programs. The Committee has been working on revenue sharing of State funding for municipal libraries for four years. The Committee is trying to get 10 percent of the funding that goes to the counties to be allocated to the cities. Secretary of State Sandy Mortham promised to continue to try to capture that 10 percent for the cities. .., The Committee is also trying to provide greater municipal access to small city CD BG funding. The Committee believes that non-entitlement cities should be entitled to funds for the purpose of financing vital community development programs. The Committee is looking for legislation that will build a more effective housing partnership between the private sector, including nonprofits and governments at the Federal, State,and local levels. The Committee is asking those entities to provide more affordable housing. Unfunded mandates are important to the Committee, but are not as high on the priority list as the CRC because the Committee feels the CRC is a little more important. 12 .." MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA 4- J SEPTEMBER 19, 1995 Dave Beasle~_515SW 2_Ave., is a member of the Planning and Development Board. He has a problem with the Community Design Plan or the way in which it is interpreted. His opinion is quite different from staff's. There are a number of issues on the agenda this evening that deal with the Community Design Plan. Mr. Beasley feels this Plan leaves too much interpretation and personal opinion. In some cases, staff attempts to totally redesign buildings. Buildings have been denied when people feel they are not attractive enough. They may comply with every Code and not require any variances, but they are still denied. He feels this is a problem. He requested direction from the Commission relative to what is expected from the Planning and Development Board regarding the Community Design Plan. Commissioner Rosen suggested addressing this issue at a workshop meeting. Mayor Taylor agrees that the Community Design Plan needs clarification. Jeff Lis, of Catalfumo~ presented the City with a copy of an ad which was run in Florida Trend magazine thanking the City of Boynton Beach and Motorola for their exceptional cooperation and professional assistance in timely permitting, design approval, construction inspection and CO at Motorola's new 100,000 square foot office facility. Mr. Lis said it was an exceptional experience working with City staff. The cooperation was phenomenal and the project was a success. Mayor Taylor congratulated Mr. Lis for the great job done on that new facility. It is being used as an example to other people interested in coming to Boynton Beach. VIII. DEVELOPMENT PLANS: A. Project Name: Papa John's........................................................T ABLED APPLICANT REQUESTED TO BE TABLED UNTIL OCTOBER 17, 1995 Agent: Interplan Practice, Ltd. Owner: Papa Johns USA Location: Northeast corner of N.W. 7th Court and Boynton Beach Boulevard Description: LANDSCAPE APPEAL: Request for a landscape code appeal to overhang a required landscape strip with bumpers of parked cars B. Project Name: Papa John's ......................................................... TABLED APPLICANT REQUESTED TO BE TABLED UNTIL OCTOBER 17, 1995 Agent: Interplan Practice, Ltd. Owner: Papa Johns USA Location: Northeast corner of N.W. 7th Court and Boynton Beach Boulevard Description: NEW SITE PLAN: Request for site plan approval to construct a 1,142 square foot take-out pizza store on .22 acres. The applicant has requested that Items A and B remain on the table until October 17, 1995. 13 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1995 Consensus There was a consensus of the Commission to leave these items on the table. Attorney Cherof administered the oath to everyone who would be testifying during the following proceedings. Description: Clear Copy, Inc. George C. Davis Bob Feldman Southeast corner of Boynton Beach Boulevard and N.W. 7th Street NEW SITE PLAN: Request for site plan approval to construct a 3,780 square feet, two-story building on a .225 acre parcel c. Project Name: Agent: Owner: Location: G~Moore, representing the applicant, advised that there has been total compliance with all of the Ordinances and statutory requirements. He urged the Commission to adopt and endorse the recommendation from the Planning and Development Board, the TRC and staff that this matter be approved. Ms. Heyden advised that a new sketch was received today regarding the sidewalk which supersedes the sketch in the back-up material. The sketch was reviewed by the Engineering Department. Mr. Davis reworked the area, and it still meets Code. It has been accepted by Engineering. With regard to traffic concurrency, Ms. Heyden heard from Palm Beach County Traffic Engineering today, and the applicant is okay with the traffic study. Mr. Davis submitted a letter dated August 3, indicating the additions he will add to the building. Mark Roberts, 650 W. Boynton Beach Boulevard, distributed information to the Commissioners and requested a copy of the sketch which was submitted today. He spoke in opposition of this site plan, and feels it should be rejected because it does not fit in with the other commercial buildings on Boynton Beach Boulevard. The building will be the only one which is only 30' deep and set back from the road only 30'. It will be the only two-story building between 1-95 and Congress Avenue which is commercial. It is the only building whose back faces Boynton Beach Boulevard. The roof pitch proposed is low and not consistent with any buildings on surrounding blocks. Dr. Roberts advised that teens congregate on his property and harass the neighbors. A two-story building will shield the two properties and may cause an increase in loitering and crime. Dr. Roberts does not believe Clear Copy meets all building ordinances, safety and utilization issues. In addition, he feels it should be denied because it is too large for this piece of property, and he does not believe the building can ever meet the required building Codes. Dr. Roberts referred to the Code relative to perimeter landscaping on abutting properties. The proposed hedge on the eastern side is non-conforming and does not meet the requirement sections of 14 -1-- MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1995 Attorney Cherof read Proposed Resolution No. R95-142 by title only. Attorney Cherof advised that Section 1 of the proposed budget indicates an appropriation of $31,889,175. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK. Motion Mayor Pro Tem Matson moved to approve Proposed Resolution No. R95-142. Commissioner Rosen seconded the motion which carried unanimously. Attorney Cherof advised that the final budget hearing will be on Tuesday, September 19, 1995, at 7:00 p.m., in Commission Chambers. VII. PUBLIC AUDIENCE: This portion of the agenda was disposed of prior to the Public Hearing. VIII. DEVELOPMENT PLANS: A. Project Name: Papa John's............................................................T ABLED APPLICANT REQUESTED TO BE TABLED UNTIL SEPTEMBER 19, 1995 Agent: Interplan Practice, Ltd. Owner: Papa Johns USA Location: Corner of NW 7th Court and Boynton Beach Blvd. Description: LANDSCAPE APPEAL: Request for a landscape code appeal to overhang a required landscape strip with bumpers of parked cars B. Project Name: Papa John's............................................................ T AB LED APPLICANT REQUESTED TO BE TABLED UNTIL SEPTEMBER 19, 1995 Agent: Interplan Practice, Ltd. Owner: Papa Johns USA Location: Northeast corner of NW 7th Court and Boynton Beach Blvd. Description: NEW SITE PLAN: Request for site plan approval to construct a 1,142 square foot take-out pizza store on .22 acres Items VIII-A and B will remain on the table until the September 19, 1995 City Commission meeting. C. Project Name: Clear Copy, Inc. VOTE IS FOR RECONSIDERATION ONLY Agent: Bob Feldman, Owner Owner: George C. Davis Location: Southeast corner of Boynton Beach Boulevard and NW 7th Street Description: NEW SITE PLAN: Request for site plan approval to construct a 3,780 square feet, two-story building on a .225 acre parcel 11 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1995 City Manager Parker advised that Vice Mayor Bradley requested this reconsideration within the three-day limit. Motion Vice Mayor Bradley moved to reconsider the site plan approval for Clear Copy. Commissioner Jaskiewicz seconded the motion which carried 4-1. (Mayor Pro Tem Matson cast the dissenting vote.) G~, representing Mr. Feldman, asked for clarification of this action for reconsideration. Mayor Taylor explained that it was necessary for one of the Commissioners on the prevailing side to bring this issue back for reconsideration. This item will now be scheduled on the agenda. Attorney Cherof said property owners who have requested notification if the matter was raised again will be notified. This item is now set for a time certain of September 19, 1995. D. Nautica Sound, formerly known as Knollwood Groves PUD - Master Plan determination of substantial or non-substantial change ........................................................................ T AD lED Motion Mayor Pro Tem Matson moved to remove this item from the table. Commissioner Rosen seconded the motion which carried unanimously. Attorney Cherof advised that this would be a quasi-judicial hearing. He administered the oath to all who would be speaking on this matter. Mayor Taylor disclosed that he visited the Nautica site on Lawrence Road to inspect the houses and view the layout. While there, he spoke with Mr. Kilday. Vice Mayor Bradley and Commissioner Jaskiewicz disclosed the same information as Mayor Taylor. Mayor Pro Tem Matson disclosed receiving a telephone call from Howard Shepherd of Meadows 300 and Willowbrook, and a phone call from AI Karp. She spoke with Mrs. Karp with reference to this project and with Mr. Kilday. In addition, the residents submitted a list of questions for which they would like answers from the developer. Commissioner Rosen disclosed that he received a phone call from Mr. Kilday. Mayor Taylor urged the applicant to keep his presentation to ten minutes in length. Kieran Kilday advised that he prepared his presentation to deal with two issues the Commission raised at the last meeting. The Utilities' issue involved the provision for a lift station and a concern about the number of cul-de-sacs. At a follow-up meeting with Utilities, these issues were worked out. A memorandum has been published by the Utilities Department indicating resolution of the issues. The second issue involving lot size has also been addressed. The Commission requested investigation to determine the feasibility of upgrading the smaller lots. The previous plan contained 76 lots in the 4,000 to 4,500 square foot range. All of those lots have been 12 \1'1 ,'Y"'\ 1\' : I' i' I .", 1'\'\ ; ,I I, . !'" '\ t ; .~ ': ~ -I .: : : d \\1\ dl I CITY OF BOYNTON BEACH EGULAR CITY COMMISSION MEETING ..~ AGE N D A / ~'}' J{{ ';/" ii' i : December 19, 1995 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation - Rev Hank Ackermann - Boynton Beach Congregational Church C. Pledge of Allegiance to the Flag led by Mayor Pro Tern Lynne Matson D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. ADMINISTRATIVE: A. Appointments to be made: APPOINTMENT LENGTH OF TERM IQJ~E M8DI; 608RD I;XE.!BA nON DAlE IV Matson Bldg Brd of Adj & Appeal Alt Term expires 4/96 TABLED II Bradley Cemetery Board Alt Term expires 4/96 TABLED IV Matson Children & Youth Adv Brd Alt Term expires 4/96 TABLED IV Matson Comm Redev Adv Board Reg 1 yr Term to 4/96 TABLED IV Matson Code Enforcement Board Alt 1 yr Term to 9/96 TABLED IV Matson Adv Brd Children & Youth Reg Term expires 4/97 TABLED IV Matson Adv Brd Children & Youth Reg Term expires 4/97 TABLED I Rosen Board of Zoning Appeal Reg 1 yr term to 1/97 TABLED II Bradley Board of Zoning Appeal Reg 1 yr term to 1/97 TABLED III Jaskiewicz Board of Zoning Appeal Reg 2 yr term to 1/98 TABLED IV Matson Board of Zoning Appeal Reg 2 yr term to 1/98 TABLED Mayor Taylor Board of Zoning Appeal Reg 2 yr term to 1/98 TABLED I Aasen Board of Zoning Appeal Alt 1 yr term to 1/97 TABLED II Bradley Board of Zoning Appeal Alt 2 yr term to 1/98 TABLED III Jaskiewicz Education Advisory Board Stu Term expires 4/96 TABLED IV Matson Bldg Brd of Adj & Appeal Alt Term expires 4/96 III. CONSENT AGENDA Matters in this Section of the Agenda are proposed and recommended bV the City M.nlls.r for "Consent Agenda" approval of the action Indloated In taoh Item. with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes 1. Special City Commission Meeting Minutes of December 4. 1995 2. City Commission/Chamber of Commerce Workshop Meeting Minutes of Dec. 4. 1995 3. Regular City Commission Meeting Minutes of December 5, 1995 B. Bids - Reoommend Approval - All expenditures are approved In the 1995-96 Adopted Budget 1 1. Approve manhole structural repair at NE 8th Avenue and NE 26th Avenue with Underwater Unlimited Diving Services, Inc. 2. Approve piggy-backing City of Pompano Beach's Annual Contract for Water Meters and Parts 3. Approve replacement of Submersible Well Pumps & Equipment with Atlantic Environmental Systems, Inc. for one year 4. Approve East Water Treatment window replacement utilizing existing contractor/MBR Construction, Inc. 5. Approve annual contract for Aquatic Plant Control with lake & Wetland Management 6. Co-op Anhydrous Ammonia - The Cooperative Purchasing Council of Palm Beach County awarded the bid to Tanner Industries, Inc. C. Resolutions 1. Proposed Resolution No. R95- AE: Water Service Agreement - Thomas G. Kane for property located at 3645 North Federal Highway, Delray Beach 2. Proposed Resolution No. R95- RE: Authorize execution of service contract between the City of Boynton Beach and TFP Inc. for the computerized photo imaging system in the Police Department 3. Proposed Resolution No. R95- RE: Rosemary Scrub Joint City/County Acquisition Project Resolution endorsing grant award agreement and grant award calculation 4. Proposed Resolution No. R95- Rosemary Scrub RE: Addendum III to Conceptual Approval for D. Approval of Bills E. Payment of Bills - November 1995 F. Approve expenditure for returning Communications Center to City Hall IV. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements B. Presentations 1. Representative Sharon Merchant 2. Presentation of Holiday Parade Awards 3. Proclamations a) Dr. Martin Luther King Jr. Day - January 15, 1996 b) Shrine Hospital Days - February 3rd - February 14th 2 v. BIDS: None VI. PUBLIC HEARING: 7:00 PM OR AS SOON THEREAFTER AS THE AGENDA PERMITS A. PROJECT: AGENT: OWNER: LOCA TION: DESCRIPTION: Hills of Lake Eden PUD POSTPONED TO JANUARY 2, 1996 Burlison A. Gentry - Gentry Engineering & Land Surveying, Inc. Newport Properties, Inc. Northwest corner of S.E. 36th Avenue and Seacrest Boulevard REZONING - Request for zoning and master plan approval to construct 62 single-family detached homes on 15.45 acres of land in connection with a rezoning from R-l-AAB (single-family residential) to Planned Unit Development with a land use intensity of 5 (PUD with LUI=5). B. PROJECT NAME: Miner Road TABLED TO DECEMBER 19, 1995 AGENT: Richard Harris for Condor Investments of Palm Beach County City of Boynton Beach Road between High Ridge Road and 1-95 ABANDONMENT - Request for abandonment of a 54 foot wide portion of the Miner Road right-of-way east of High Ridge Road OWNER: LOCATION: DESCRIPTION: C. PROJECT NAME: Miner Road AGENT: Richard Harris of Scott, Royce, Harris, Bryan, Barra & Jorgensen, P.A. OWNER: City of Boynton Beach and Palm Beach County LOCATION: Miner Road between High Ridge Road and 1-95 DESCRIPTION: ABANDONMENT - Request for abandonment of three parcels that comprise the Miner Road right-of-way east of High Ridge Road. D. PROJECT NAME: Newport Place PUD (f.k.a. Stanford Park PUD) AGENT: Donald E. Hearing OWNER: Newport Place Associates Ltd. LOCATION: Southwest corner of Hypoluxo Road and Northwest 7th Court DESCRIPTION: FUTURE LAND USE AMENDMENT/REZONING - Request to amend the Comprehensive Plan Future Land Use Map from Low Density Residential to High Density Residential for a 23 acre, existing planned unit development (PUD) and a 1,59 acrE} traot and to roz:ono the 1.59 acre tract from R-1-AAB (single-family residential) and the PUD to Planned Unit Development (PUD w/LUI=5) to add a 120 bed assisted living facility. E. PROJECT NAME: Newport Place AGENT: Donald E. Hearing OWNER: Newport Place Associates Ltd. LOCATION: Southwest corner of Hypoluxo Road and Northwest 7th Court DESCRIPTION: PARKING LOT VARIANCE - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 23 . Parking Lots, Article II, Section H.7 "Number of Driveways" to allow two (2) additional driveways onto Northwest 7th CQurt. F. PROJECT NAME: Cedar Ridge PUD and High Ridge Commerce Park PID (buffer easement) Richard Harris of Scott, Royce, Harris, Bryan. Barra & Jorgensen, P.A. Condor Investments of Palm Beach County, Inc. South perimeter of Lots 15, 16, 17 and 18 within the High Ridge Commerce Park PID DESCRIPTION: ABANDONMENT - Request for abandonment of a 25 foot wide buffer easement. AGENT: OWNER: LOCA TION: G. PROJECT NAME: Boynton Beach Distribution Center (Miner Road Access Control Easement) Richard Harris of Scott, Royce, Harris, Bryan, Barra & Jorgensen. P.A. Waste Management of Florida North perimeter of Lots 18 and 19 of the Boynton Beach Distribution Center DESCRIPTION: ABANDONMENT - Request for abandonment of 5 foot wide access control easement. AGENT: OWNER: LOCA TION: H. Conduct a public hearing concerning the issuance of bonds for Clipper Cove VII. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS Will BE LIMITED TO 3 MINUTE PRESENTATIONS VIII. DEVELOPMENT PLANS: A. PROJECT NAME: Papa Johns TABLED APPLICANT REQUESTED TO BE TABLED UNTIL DECEMBER 19,1995 AGENT: Interplan Practice, Ltd. OWNER: Papa Johns USA LOCATION: Northeast corner of N.W. 7th Court and Boynton Beach Boulevard DESCRIPTION: LANDSCAPE APPEAL: Request for a landscape code appeallo overhang a required landscape strip with bumpers of parked cars. B. PROJECT NAME: Papa Johns TABLED APPLICANT REQUESTED TO BE TABLED UNTIL DECEMBER 19, 1995 AGENT: Interplan Practice, Ltd. OWNER: Papa Johns USA LOCATION: Northeast corner of N.W. 7th Court and Boynton Beach Boulevard DESCRIPTION: NEW SITE PLAN: Request for site plan approval to construct a 1,142 square fool take-out pizza slore on .22 acres C. PROJECT NAME: High Ridge Commerce Park PID AGENT: Joseph D. Handley, Craven Tompson & Associates, Inc. OWNER: Waste Management of Palm Beach LOCATION: High Ridge Commerce Park PID Lots 15, 16, 17 and 18 (South side of Commerce Road, approximately 304 feet east of High Ridge Drive) DESCRIPTION: USE APPROVAL - Request to establish within the High Ridge Commerce Park PID exterior truck and solid waste container storage as a permitted use. D. PROJECT NAME: Waste Management of Palm Beach - South AGENT: Joseph D. Handley, Craven Tompson & Associates, Inc. OWNER: Waste Management of Palm Beach LOCATION: High Ridge Commerce Park PID Lots 15, 16. 17 and 18 (South side of Commerce Road. approximately 304 feet east of High Ridge Drive) DESCRIPTION: SITE PLAN MODIFICATION - Request to amend the previously approved site plan to add land area to construct additional exterior paved truck storage and an expanded exterior container storage yard. E. PROJECT NAME: Tara Oaks PUD AGENT: Kieran J. Kilday, Kilday & Associates, Inc. for Pulte Home Corp. OWNER: Tara Oaks Development Company LOCATION: Northeast corner of Woolbright Road and Knuth Road extended DESCRIPTION: MASTER PLAN MODIFICATION - Request to amend the previously approved PUD master plan to revise direct access points, alter the location and type of private recreation, change unit type from apartments to townhouses, establish perimeter buffer easements and certain setbacks, enlarge size of residential Pod 1 and church parcel and reduce open space and retention area of Pod 2. IX. NEW BUSINESS: A. Items for discussion requested by Mayor Pro Tern Lynne Matson 1. Purple Heart Way 2. Public Transportation 3. It's Better in Boynton Campaign B. Consider request for a block party on White Hall Way - December 31, 1995 from 9:00 P.M. to 2:00 A.M. X. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 095-46 RE: Land Use Amendment - School Board of Palm Beach County (Poinciana Elementary School Project) 2. Proposed Ordinance No. 095-47 RE: Rezoning - School Board of Palm Beach County (Poinciana Elementary School Project) Lots 13, 14, 15 and 16 3. Proposed Ordinance No. 095-48 RE: Rezoning - School Board of Palm Beach County (Poinciana Elementary School Project) B. Ordinances - 1 st Reading: None C. Resolutions None D. Other XI. UNFINISHED BUSINESS: None XII. CITY MANAGER'S REPORT: XIII. OTHER: XIV. ADJOURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MAnER CONSIDERED AT THIS MEETING, HE/SHE WilL NEED A RECORD OF THE PROCEEDINGS AND, FOA SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S.286.0105) THE CITY SHAll FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNllY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTEllO, (407) 375-8013 AT LEAST TWENTY-FOUR (24) HOURS PAIOR TO THE PROGRAM Of1 AOTIVITY IN ORDER FOR THE OITY TO REASONABLY ACCOMMODATE YOUR REQUEST. . - .e MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ':J- / JULY 18, 1995 ~ Motion Vice Mayor Bradley moved to table this to the next meeting. Commissioner Jaskiewicz seconded the motion. Mayor Pro Tem Matson suggested that the motion incorporate the receipt of drainage plans and the approval of those plans, and the acceptance of plans which detail the disparity in the elevations, the cross-access parking agreement with Wendy's, and the minor alignment with Wendy's to accommodate the turn radius. Attorney Cherof disagreed, but advised that this is a clear message to the applicant that the motion to table is being made to give them the time to address those concerns before the Commission votes on this matter. The motion carried 5-0. A. Papa John's Interplan Practice, Ltd. P..apa 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. Project: Agent: Owner: Location: Description: Motion Vice Mayor Bradley moved to table the landscape appeal. Mayor Pro Tem Matson seconded the motion which carried unanimously. c. Clear Copy, Inc. George C. Davis Bob Feldman Southwest corner of Boynton Beach Boulevard and NW 7th Street NEW SITE PLAN: Request for site plan approval to construct a 3,780 square feet, two-story building on a .225 acre parcel Project: Agent: Owner: Location: Descri ption: George Davis, 1100 S. Federal Highway, introduced Steve Feldman, 211 S. Federal Highway. Mr. Davis explained that this is an odd-shaped piece of property, but the applicant has managed to comply with the setbacks and all other requirements without having to seek variances. This application was approved by the Planning and Development Board. The traffic survey shows that this use will produce very little traffic. He urged the Commission to approve the project. Ms. Heyden advised that the recommendation from the Planning and Development Board was a 5-1 vote for approval subject to staff comments. There was a great deal of discussion at that meeting with regard to dumpster accessibility and egress onto NW 7th Street. Ms. Heyden has confirmed with Mr. Eichorst, Public Works Director, that although it is a "tight squeeze", he will be able to service the 25 MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA LANDSCAPE APPEAL 2. Proj ect Name: Agent: Owner: Location: Description: JULY 11, 1995 Papa John's Interplan Practice, Ltd. Papa John's USA Northeast corner of NW 7th Court and Boynton Beach Boulevard Request for a landscape code appeal to overhang a required landscape strip with bumpers of parked cars. Beverly Eustas feels that it is unlikely that Papa John's will be reducing the curbing given the constraints of the site. She requested that the members consider granting approval of the request for future site plan approval. Ms. Heyden advised that if the board decides to approve the request, the approval should be contingent upon the parking spaces being angled. Vice Chairman Golden has reservations about approving this without seeing a revised site plan. Motion Vice Chairman Golder:' moved to recommend denial of the landscape appeal to overhang the required landscape strip with bumpers of parked cars for Papa John's. Mr. Wische seconded the motion which carried unanimously. C. SUBDIVISIONS Master Plan Modification 1. Proj ect Name: Agent: Owner: Location: Description: Nautica a.k.a. Boynton Nurseries PUD Kilday and Associates Boynton Nurseries West side of Lawrence Road, approximately 1,300 feet north of Gateway Boulevard Request to modify the previously-approved master plan to establish setbacks for whirlpools and Jacuzzis on zero-lot-line lots and "l" lots. 22 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 impose a time limit on his presentation because this is important to Coastal Towers and the entire City. He said a time limit would be unjust and unfair. He pointed out that the time limit on many occasions was not enforced. Mayor Taylor asked him to do the best he can within the time limit. Mr. Stein stated that to impose a time limit on him would be selective enforcement, very unfair and perhaps illegal. He said he was in possession of a copy of Ann Ford's application for the position of Downtown Redevelopment Coordinator. He said it is not a resume, is not dated, and does not contain anything about her educational background or which law school she graduated from. He felt these were important matters for the Commission to find out before hiring her. City Manager Parker advised that two years ago when she was Assistant City Manager, she checked Ms. Ford's reference with the Florida Bar and confirmed that Ms. Ford was admitted to practice in the Florida Bar and had no Bar complaints against her. City Manager Parker said she informed Mr. Stein of this last week. Mayor Taylor stated that he has worked very closely with Ms. Ford and she does an exceptional job. No one else wishing to speak, Mayor Taylor closed the Public Audience and declared a recess at 8:40 p.m. The meeting resumed at 8:50 p.m. At this time, City Manager Parker introduced Beth Bailey, the new Public Information Officer. She stated that Ms. Bailey was formerly Public Affairs Director for the Sarasota Bay National Estuary Program, Public Information Officer for the Sarasota County government, and a reporter and editor with the Sarasota Times. She welcomed Ms. Bailey to Boynton @EVELOPMENT PLANS At the request of Mayor Taylor, Attorney Goren swore in those who were not present earlier. G:l~~~~~o'~ABi:ED.iiNTIi:.SE;;MEi.S.T:ED Agent: Inerplan Practice, Ltd. Owner: Papa Johns USA Location: Northeast corner of N. W. 7th Court and Boynton Beach Boulevard 24 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 ...", Description: Landscape Appeal: Request for a landscape code appeal to overhang a required landscape strip with bumpers of parked cars Ms. Heyden stated that the applicant requested that this item, and Item VIILB, be tabled until September 19. Motion Mayor Pro Tern Matson moved to table Items VIII.A and VIII.B until the September 19, 1995 meeting. Vice Mayor Bradley seconded the motion which carried 5-0. B. Project Name: Papa Johns................ ....... ...................... TABLED APPLICANT REQUESTED TO BE TABLED UNTIL SEPrEMBER 5, 1995 Agent: Interplan Practice, Ltd. Owner: Papa Johns USA Location: Northeast corner of N. W. 7th Court and Boynton Beach Boulevard Description: New Site Plan: Request for site plan approval to ...",; construct ai, 142 square foot take-out pizza store on .22 acres This item was tabled until September 19. (See motion made under Item VIlLA.) C. Project Name: Agent: Location: ~~ Il~(( ~I>.....................................1rAB~~J) Description: Kieran Kilday Southwest corner of Knuth Road and Boynton Beach Boulevard Time Extension: Request for approval of an 18 month retroactive and an indefmite time extension for zoning/master plan approval and concurrency exemption Motion Mayor Pro Tern Matson moved to remove this item from the table. Vice Mayor Bradley seconded the motion which carried 5-0. 25 ..." r ! MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 3, 1995 V. BIDS: None VI. PUBLIC HEARING: None VII. PUBLIC AUDIENCE: Wilda Searcy,... 402- NE__1~Avenue, urged the Commissioners to name the park in her neighborhood "Wilda Morgan Searcy Park" because she has worked very hard for the City and helped save Poinciana School. The canal can be used for fishing by the residents of Boynton Beach. She claimed that she and her husband were responsible for building the first fishing pier in Boynton Beach. She further requested that the City provide parking on only one side of the street where the sidewalks have been installed to avoid any liability. VIII. DEVELOPMENT PLANS: A. Project Name: Papa John's..........................................................T ABlED APPLICANT REQUESTED TO BE TABLED UNTIL AUGUST 15, 1995 Description: 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 Agent: Owner: Location: B. Project Name: Papa John's .......................................................TABlED APPLICANT REQUESTED TO BE TABLED UNTIL AUGUST 15, 1995 Agent: Interplan Practice, Ltd. Owner: Papa Johns USA Location: Northeast corner of NW 7th Court and Boynton Beach Boulevard Description: NEW SITE PLAN: Request for site plan approval to construct a 1,142 square foot take-out pizza store on .22 acres City Manager Parker advised that the applicant has requested that Items A and B be tabled 7 Page 2 Planning & Development Board Meeting Agenda for July 11, 1995 B. APPEALS COMMUNITY DESIGN PLAN 1. PROJECT NAME: Farm stores AGENT: OWNER: LOCATION: DESCRIPTION: LANDSCAPE APPEAL 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 a community design plan appeal to allow a convenience store drive-up window facing a public street. 2. PROJECT NAME: Papa John's AGENT: OWNER: LOCATION: DESCRIPTION: C. SUBDIVISIONS Interplan Practice, Ltd. Papa Johns USA Northeast corner of N.W. 7th Court and Boynton Beach Boulevard Request for a landscape code overhang a required landscape bumpers of parked cars. appeal to strip with Master Plan Modification 1. PROJECT: Nautica a.k.a. Boynton Nurseries PUD AGENT: OWNER: LOCATION: DESCRIPTION: D. SITE PLANS NEW SITE PLAN Kilday and Associates Boynton Nurseries West side of Lawrence Road, approximately 1,300 feet north of Gateway Boulevard Request to modify the previously approved master plan to establish setbacks for whirlpool and jacuzzies on zero-lot-Iine lots and nzn lots. 1. PROJECT NAME: Papa Johns AGENT: OWNER: LOCATION: DESCRIPTION: Interplan Practice, Ltd. Papa Johns USA Northeast corner of N.W. 7th Court and Boynton Beach Boulevard Request for site plan approval to construct a 1,142 square foot take-out pizza store on .22 acres. Page 3 Planning & Development Board Meeting Agenda for July 11, 1995 2. PROJECT NAME: Clear Copy, Inc. AGENT: OWNER: LOCATION: DESCRIPTION: E. Other PARKING LOT VARIANCE 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: 2. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: 9. Comments by members 10. Adjournment George C. Davis Bob Feldman Southwest corner of Boynton Beach Boulevard and N.W. 7th Street Request for site plan approval to construct a 3,780 square feet, two (2) story building on a .225 acre parcel. Taco Bell at the Shoppes of Woolbright PCD Eduardo L. Carcache CKE Group, Inc. Taco Bell Corporation Northeast corner of Woolbright Road and S.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. 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. AND Request for relief from Chapter 23-Parking Lots, Article II, Section I.1, Land Development Regulations to allow the back-up distance of 19 feet, rather than the required 27 feet, for one-way, ninety degree parking. Page 4 Planning & Development Board Meeting Agenda for July 11, 1995 NOTICE 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 PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTELLO, (407) 375-6013 AT LEAST TWENTY (24) HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLE ACCOMMODATE YOUR REQUEST. xc: Central File .:agp'dlltg.711