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AGENDA DOCUMENTS MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1995 the first under this new standard, we do not want to fight and delay the bridge construction. We want to move forward at the 125' span. Mayor Taylor pointed out that the needs of the municipality need to be considered rather than just setting a standard. However, Delray Beach and Boca Raton should have asked us about our feelings on the issue prior to tackling this issue in this manner. City Manager Parker pointed out that they were trying to be helpful to us, and assumed our position was the same as theirs. ;. VIII. DEVElOPMENT PLANS: Motion Commissioner Jaskiewicz moved to remove Items A and B from the table. Commissioner Rosen seconded the motion which carried unanimously. A. PROJECT NAME: Papa John's .......................................................... 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 appeal to overhang a required landscape strip with bumpers of parked cars. The applicant advised that Item A was withdrawn at the last meeting. Motion Commissioner Rosen moved to delete Item VIII-A from the agenda. Commissioner Jaskiewicz seconded the motion which carried unanimously. B. PROJECT NAME: Papa John's ............................................................ 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 foot take-out pizza store on .22 acres Bemmi~ Eusta~ithlnterpJan Practice, ltd.~ represented Papa John's. Following the denial from the Board of Adjustment on the rear setback, the applicant requested tabling of the item to rework the site. The applicant has shortened the building by shifting the cooler to the side of the building. It will be 24 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1995 cantilevered over the retention pond on the east side of the building. This allowed the rear corridor to be widened to handle two-way traffic. The applicant has been in negotiation with Wendy's, and they received conceptual approval of the cross-access easement today by FAX. Ms. Eustace had not received a copy of staff's comments until earlier in this meeting, and she discovered a number of issues requiring discussion. The access to the solid waste and refuse is a problem which has not yet been resolved with Public Works. It was suggested during an earlier review by Me. Eichorst that this problem be resolved by allowing him access from the Wendy's site. The applicant feels the problem is solved; however, Mr. Eichorst does not feel this is a feasible solution. In the applica~t's estimation, this is a solvable problem. Ms. Eustace felt the issue of the water line had been resolved. However, she stated that Papa John's. will bring water to the site and extend the line as needed to service the site. With regard to the DOT drainage certification, site lighting plan, and wind load for the pole sign, the applicant has no objections or problems with the comment. There is a comment from the Building Official with regard to the need for two restrooms. In his opinion, this would require an addition to the building. Ms. Eustace had not had an opportunity to speak with the Building Official, but advised that a provision exists in the Southern Building Code under the minimum fixture requirements footnotes that allows for one unisex restroom for retail under 1,500 square feet and for restaurants under 500 square feet. Papa John's had gotten a letter from SPC in the past which indicates that because there is no on-premise consumption of food, this could be classified as a retail establishment. Ms. Eustace hopes this issue will be solvable in that manner with the Building Official. The comment relative to the color of the buffer and retention walls is no problem, and the cross-access prior to building permits is not objectionable. Ms. Eustace requested clarification of the comment relative to Wendy's west property line. With regard to the awnings, the green awnings have been minimized and will be back lighted. The exterior building materials on the outside of the cooler will match the building. Ms. Heyden reported that the most important comment is the Public Works Department concern about access to the dumpster. Ms. Eustace submitted a letter from Wendy's International who indicated agreement with the site plan that proposes a joint access. It read as follows: II Dear Mayor Taylor: I am an authorized representative for Wendy's International which leases and operates the Wendy's on Boynton Beach Boulevard. I have reviewed the site plan for Papa John's, last revised November 28, 1995. That site plan proposed a point of joint access. Please be advised that the joint access is conceptually acceptable to Wendy's subject to finalization of an acceptable formal agreement with Papa John's. Wendy's would have no objection to approval of the Papa John's site plan subject to del ivery of the formal agreement for the access point within 30 days." 25 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1995 This letter was signed by Dennis B. Buchwalter, Director of Real Estate for Wendy's International, and dated December 19, 1995. Public Works has taken its vehicles to the site. Although Wendy's has consented to Papa John's using their property to access the dumpster, because of the location of the stacking, menu board and the turning radius, the trucks cannot make the turn. In addition, because of the joint access contingency, Wendy's customers could use the area to travel back and forth. This has also created a conflicting traffic situation. Ms. Heyden advised that the Building Department comments can be worked out, as well as the comment relative to the water line. The color of the building appears to be a gray tone, while staff is looking for a color which is closer to beige. Staff is not satisfied with the elevations. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS APPUCATION. Ms. Eustace reiterated that the turning radius they show indicates this problem is solvable. She realizes that it would be difficult to service the site at peak hours. In addition, she does not feel the utilization of the corner of the drive-through lane would create undue delays. Ms. Eustace recommended that the Commission approve this application on a contingency basis which would allow the applicant to try to work the site. If it does not work out, and Public Works cannot service the site, the applicant would have no problem having a private pickup. Papa John's is anxious to get this project underway. They have been working with staff to solve the problems. She requested the Commission's support. In response to Commissioner Rosen's question, Ms. Eustace said a private sanitation company would use the same route that Public Works would use when servicing the site; however, they would pick up at off-peak hours. City Manager Parker advised that a private company would utilize the same size truck. Public Works would normally schedule early pickup. The applicant has not shown the City the traffic flow. Since there would be a joint agreement between Wendy's and Papa John's, it would no longer be a one-way flow from Papa John's into the Wendy's site. Wendy's traffic will circulate on the Papa John's site, and vice versa. No traffic diagrams have been submitted. There are four lanes of traffic coming into one point which is a turn-off point on Boynton Beach Boulevard. This concerns staff. It appears this will be a maj9r safety problem during peak times. City Manager Parker questioned whether or not a cost estimate has been prepared for the lOR water main. Ms. Eustace responded negatively, but said she will research it. If the cost of this installation is too high, it will stop the project. However, she would like to proceed with the intention of bearing the cost. Where the cross-access goes across the property line is a major point of contention. Papa John's will provide traffic control at that intersection. With regard to the NW 7th Court entrance into Papa John's, Ms. Eustace does not feel this will be used as an entrance into Wendy's site. However, she would not have a problem posting signs to direct traffic, and she believes this situation is controllable. Mayor Taylor questioned whether or not a vehicle could cross Boynton Beach Boulevard and head left if it was coming out of NW 7th. Ms. Eustace advised that a right turn is required before being able to 26 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1995 make a U-turn. City Manager Parker advised that the City is in the process of changing the curb cut with DOT to line it up with NW 7th. Mayor Taylor feels this is a traffic disaster waiting to happen. He has problems with the entrances. In addition, there are only six parking spaces, one of which is a handicap space. The drivers have to back up to get out of the site. Traffic is coming in every direction. While he wants to have Papa John's in this City, and he commended the applicant for the work that has been done, he feels this is an unworkable situation. He suggested finding a larger 10t:a1:iQn in the City. Commissioner Rosen realizes that a great deal of money and effort has been put into this project. However, from the beginning, there were so many doubts about this operation on this particular site. Mayor Taylor asked what would happen if Wendy's goes out of business, and the new operator does not agree with the cross-access agreement? Attorney Cherof advised that cross-access agreements must be perpetual, be recorded, have a reference to the City being a party to any proceeding to release it, and that the use that is based upon the cross-access agreement must cease and desist if and when the cross-access agreement is dissolved. At this point, the only thing we have from Wendy's is a letter which states that the concept is acceptable, but we do not have the agreement which contains the terms and conditions. RoberlEise~counseLfo[J~apaJohlis, said that the joint access would be a covenant running with the land. Tim Humes,. Qirector of ReatEstate for the corporation, advised that with regard to traffic, the majority of Papa John's business is done between 6:00 p.m. and 9:00 p.m. The majority of the hamburger business is done at lunch. Papa John's opens at 11 :30 a.m., and does not generate a great deal of daytime traffic. Papa John's drivers are in and out of the store within three to five minutes. All of Papa John's waste consists of boxes and tin cans because they do not have on-site consumption. He suggested wheeling the dumpster to the location of the Wendy's dumpster in time for pickup to eliminate the truck entering the area. With respect to other loading problems, Papa John's owns its own distribution company. The product is delivered twice a week in the morning hours. The only other delivery is Coke. Mayor Taylor explained that hauling the dumpster over to Wendy's is not a means of solving the problem. Mayor Pro Tern Matson commended the applicants for their efforts, and explained that she would like to see this project in the City. However, she sees this as 10 pounds of development on a five pound parcel. She is concerned about traffic flow. There are a lot of problems. Although the dumpster situation might be able to be worked out, she cannot support this project at this time. Mayor Pro Tem Matson does not believe this item was ready to come before th~ City Commission at this time. She would welcome this project with radical changes. 27 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1995 Bob Eichorst, Public Works Director, said the time of the pickup was not a consideration in the decision. The problem is that the truck cannot get into the site. Rolling a dumpster out to Wendy's would not work because it is an obstacle course. Mr. Eisen thanked the Commission for the comments. He questioned whether or not this application could be tabled indefinitely for the purpose of investigating it further. The company bought the site with the belief that it could be developed. Tabling this application indefinitely would eliminate the need for going back through the process again. . ... ~ Commissioner Jaskiewicz admitted that this project seems impossible on this site, but she is not in favor of an outright denial. She will support tabling this application. Motion Mayor Pro Tem Matson moved to table this application indefinitely. Commissioner Jaskiewicz seconded the motion. Attorney Cherof advised that procedures require the Commission to table to the next meeting or to a time specific. Motion Mayor Pro Tern Matson moved to table to the first meeting in March. Commissioner Jaskiewicz seconded the motion which carried 4-0. City Manager Parker offered to send Public Works staff out to the site with the truck so that the applicant can see the operation. Attorney Cherof advised that the first meeting in March will be on March 5, 1996. DESCRIPTION: High Ridge Commerce Park PID Joseph D. Handley, Craven Thompson & Associates, Inc. Waste Management of Palm Beach High Ridge Commerce Park PID lots 15, 16, 17 and 18 (South side of Commerce Road, approximately 304 feet east of High Ridge Drive) USE APPROVAL - Request to establish within the High Ridge Commerce Park PID exterior truck and solid waste container storage as a permitted use. c. PROJECT NAME: AGENT: OWNER: lOCATION: JoeHandley~agenLfoLth~pplicant, said this item is the request for a use approval to allow solid waste container storage and truck parking as a permitted use in the PID. 28 ~ MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JULY 11, 1995 Mr. Haag made the presentation and advised that the City Commission, at its July 5 meeting, reviewed this plan and determined that there was no substantial change. It is forwarded to this board with a recommendation for approval subject to staff comments. This development will be made up of 370+ zero-lot line and Z-Iot line homes. The request is to allow both the zero-lot line and l-Iot line lots to establish setbacks for Jacuzzis and whirlpool!;. The proposal is to add the words "Jacuzzis and whirlpools" to be placed on the l-Iot line lots. The setbacks will remain exactly the same as they currently exist on the zero- lot line lots. In addition, the applicant is requesting permission to allow both the zero-lot line lots and the l-Iot line lots to have screen enclosures. The only staff comment listed is that the applicant indicate on the master plan that there is no approval for above-ground pools. Co Ilene Walter, 1551 Forum Place, West Palm Beach, advised that when the applicant originally defined the pool setbacks for the zero-lot line homes, they anticipated those setbacks would allow whirlpools and Jacuzzis because they are covered by the pool code. With regard to the Z-Iot line homes, almost all purchasers are requesting permission to put a Jacuzzi in their screened-in patio. The setbacks proposed are the same as what was previously approved for the pools and there is no loss of green space. Motion Mr. Wische moved to approve this request to modify the previously-approved master plan to establish setbacks for whirlpools and Jacuzzis on zero-lot line lots and "l" lots. Mr. Burton seconded the motion which carried unanimously. D. SITE PLANS NfW_SITE PLAN Oescri ption: Papa John's Interplan Practice, Ltd. Papa John's USA Northeast corner of NW 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. 1. Project Name: Agent: Owner: location: This item was addressed earlier in the meeting. 23 MINUTES PLANN ING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JULY 11,1995 Motion Vice Chairman Golden moved to amend the agenda to move Item VII-D.l (Papa John's Site Plan) up on the agenda before VII-B.2 (Papa John's Landscape Appeal). D. SITE PLANS NEW SITE PLAN Description: Papa John's Interplan Practice, ltd. Papa John's USA Northeast corner of NW 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. 1. Proj ect Name: Agent: Owner: Location: Mr. Haag made the presentation and advised that this is a new site plan at NW 7th Court and Boynton Beach Boulevard. Surrounding land uses and zoning include a single-family residence zoned R-l-A to the north; Boynton Beach Boulevard and a medical office building zoned C-2 to the south; Wendy's restaurant zoned C-2 to the east; and NW 7th Court and undeveloped commercial property zoned C-2 to the west. The applicant's traffic report has been submitted to Palm Beach County, but no response has been received. Staff believes they will be below the threshold of 200 trips. The applicant did not submit sufficient drainage information to the Engineering Department for them to ensure that the levels of service are met. This information must be submitted by permitting time. A two-way driveway is proposed on NW 7th Court to serve the facility. Six required parking spaces are provided, including one handicap space. Variances have been requested to elimin.ate one of the required spaces to eliminate the requirement of a loading zone. In addition, the applicant has requested a landscape appeal to allow the two foot overhang of the parking spaces to encroach into the five foot wide landscape strip that is required to border the vehicle use area when the area is adjacent to the right-of-way. All other landscape issues will be in compliance when staff comments are met. This site plan has not been designed to accommodate the requirements of the Public Works Department for safe access to the dumpster. The location proposed is unacceptable to Public Works because the sanitation vehicle will be in the street when servicing the dumpster. The building style has a hint of Spanish/Mediterranean style with its flat roof, clay tile cap and decorative beam ends. Many of the surrounding buildings are Spanish/Mediterranean in style. Staff recommends minimizing the use of the color green on the awnings and darkening the color of the walls to L9 MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JULY 11, 1995 more of an earth tone. Signage will meet code when staff comments are incorporated. Staff's recommendation is as follows: "Due to the significant nature of the staff comments (particularly unsafe dumpster access and insufficient back-up for one of the required parking spaces, necessitating a variance to reduce one of the required parking spaces), staff recommends denial of this site plan request. The above comments indicate the problems that are reflected in trying to utilize such a ::;~all site for this type of use. A new submittal would be required to address staff comments, since a redesign of the site would be necessary." Beverly Eustas, 933 Lee Road, Orlando, Florida, represented the applicant. She advised that there have been numerous meetings held to resolve the outstanding issues. This is a very compact site which was redesigned many times. The proposed design addresses many of the issues. The primary outstanding issue is the dumpster and they are working on resolving it. Ms. Eustas said she learned that the requested variance was pulled at staff's recommendation. Mr. Haag advised that there was a determination made that a variance was necessary because of the distance of the driveway to the intersection of Boynton Beach Boulevard. That situation has been resolved by staff and the variance is no longer required. Staff is in the process of returning the fee paid for that variance request. With regard to the dumpster issue, Ms. Eustas said she met with Bob Eichorst to discuss various options. The applicant has offered to attempt to work out a cross-access agreement with Wendy's across the back of the site so that the dumpster can be serviced at Wendy's, and then the truck can proceed on to service Papa John's. The dumpster will be turned so that it can be easily serviced. Mr. Eichorst indicated he would be interested in seeing such a plan, and feels that is the only possibility of having this plan work. She is aware this plan will have to go back through staff for review, and be approved by Mr. Eichorst. Ms. Eustas requested that if this plan is approved, a condition of the approval should be satisfying staff's comments and an additional appearance before this board if Wendy's elects not to go along with a cross-access agreement. The alternative to this option would be to have a double dumpster on Wendy's site; one for Wendy's and the other to service Papa John's. The applicant is willing to work with staff on the outstanding issues. She urged the members to consider a conditional approval. Chairman Dube pointed out that in a recent newspaper article, he read that Papa John's is in strong competition with Pizza Hut. He questioned the number of delivery vehicles that will be present on site at the same time. Ms. Eustas stated that Papa John's usually has four to five deliverers at peak times. Chairman Dube stated that there is limited parking and no loading zone. Vice Chairman Golden also pointed out that the applicant is requesting a variance for 20 MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JULY 11, 1995 the elimination of one of those parking spaces. Karen Churey stated that she does not want the traffic in this area. The traffic situation is already horrible. Gary lehnertz feels there is not enough room to work with on this site. He recommended uenial of this application. Jose Aguila feels this is another example of too little space. He feels the dumpster issue can work, but the elevations are too bland. They need to do more work in that area. He feels the clay tile cap should be continued on the fourth side of the building. He has a problem with the fact that there is no loading zone and they do not have enough parking. He is most concerned about how the rooftop equipment will be screened. Vice Chairman Golden reiterated comments made with regard to the Farm Stores that this is putting ten pounds into a five pound bag. He agrees with staff's recommendation. Motion Vice Chairman Golden moved to recommend that the request for Papa John's new site plan constructing a 1,142 square foot take-out pizza store on .22 acres be denied. Mr. Wische seconded the motion which carried unanimously. B. APPEALS COMMUNITY DESIGN E!LAN Description: Farm Stores A. M. Pascual EGN, Inc. REWJB Investments, d/b/a! Farm Stores Northwest corner of Boynton Beach Boulevard and NW 7th Court Request for a Community Design Plan appeal to allow a convenience store drive-up window facing a public street. 1. Project Name: Agent: Owner: Location: This.item was withdrawn by the applicant. 2L MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 18, 1995 B. Project: Agent: Owner: location: Description: Papa John's Interplan Practice, Ltd. Papa Johns USA Northeast corner of NW 7th Court and Boynton Beach Boulevard NEW SITE PLAN: Request for site plan approval to construct a 1,142 square foot take-out pizza store on .22 acres. Bemmie Eustace, of Interplan Practice, Ltd., introduced Don Godsey, Director of Instruction, and Jim Costello, Project Manager. Ms. Eustace advi sed that they have been working diligently with staff to resolve some of the outstand ing issues with this project. She distributed new plans to the Commission which depicted how the issues were addressed by the applicant as a result of the last few meetings. One of the outstanding issues was insufficient parking. A second issue involved the car overhang into the required landscape buffer. A third major staff issue was the dumpster location. Subsequent to the submittal ofthe package for review, the applicant worked with Wendy's who'shares a common property line with this project. They have acknowledged that they would be willing to provide a cross-access easement across the back of the site. On the new plan, Ms. Eustace showed where the front parking has been shifted so that the pylon sign is now moved to the corner. With regard to the issue of the dumpster pickup, the cross-access agreement would allow the truck to enter the Papa John's site through the Wendy's site. The applicant realizes that this plan will have to go back through technical review. This new plan has eliminated the need for the reduction in parking; thereby eliminating the need for a parking lot variance. The applicant was granted a variance for the elimination of a loading zone. The new plan shows no encroachment into the landscape buffer; thereby negating the need for the landscape appeal. She requested that the City Commission approve the conditional use subject to the applicant satisfying all staff comments. As a result of the number of issues which were raised during the last few meetings, the applicant has attempted to be sensitive to neighborhood concems. The adjustments in this site layout address some of the residents' concerns. The retention pond has been relocated to the east property line rather than abutting the residential area. Traffic flow would keep the trucks from travelling down NW 7th Court. There were concerns expressed regarding delivery trucks turning down NW 7th Court and travelling through the residential area. Papa John's will work with Mr. Eichorst to provide "No Thru Trucks" signing on the road to discourage truckers from using that roadway. The elevations which were originally submitted raised concerns about the building being bland, and the awnings not being continuous. Changes have been made to the architectural elevations. The solid green awnings have been broken up with arches. In the new plan, all four sides of the building have been addressed. The applicant has submitted a traffic study which staff has reviewed. The level of service on Boynton Beach Boulevard is acceptable. 21 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 18, 1995 The applicant has attempted to address each item as it arose. They are aware they must go back through technical review, and they know they must make the drainage work. The applicant feels comfortable with the new layout, and the cross-access agreement will allow them more latitude. Ms. Heyden confirmed with Ms. Eustace that the landscape appeal was being withdrawn by the applicant. Ms. Eustace stated that the applicant would formally withdraw the landscape appeal if the Commission was willing to vote on the new plan submitted this evening. Ms. Heyden advised that she looked at a new site plan during the Board of Adjustment meeting, and following that meeting, she worked diligently to coordinate staff comments. In addition to the comments already in the back-up material, Ms. Heyden stated the following: 1. The cross-access agreement would have to be provided because this project is dependent upon that agreement with Wendy's. Ms. Heyden has not seen such an agreement yet. 2. The driveway on the north side of the building, which will be used for dumpster access, should be widened. At the Board of Adjustment meeting, the loading zoning variance was approved. It is imperative to know that the sanitation vehicle will be able to pass a delivery truck that might be parked along the north side of the building. 3. The Public Works Department has seen the latest site plan. Mr. Eichorst wants to ensure that the alignment is satisfactory; therefore, the alignment with Wendy's would have to be satisfactory to the Public Works Department. 4. The awnings have been deemphasized and the building is scored concrete block which is acceptable. Since all of the buildings in the area are earth toned, Ms. Heyden would prefer earth tones rather than gray for the building color. If these four conditions can be attached to an approval, Ms. Heyden believes staff can work with the applicant in the permitting process and this project would not have to come back before the City Commission. Commissioner Rosen pointed out that the applicant stated at the Board of Adjustment meeting that deliveries are made by a certain hour and would not be in conflict with trash pickup. Ms. Eustace does not anticipate a conflict between deliveries and trash pickup; however, she realizes that Mr. Eichorst would like an assurance that the trash truck could bypass a delivery truck if that situation arose. There are 22 feet shown at the rear of the building; however, that narrows to 14 feet. The applicant will have to widen that area to Wendy's. Widening that area will allow two trucks to bypass each other with four feet remaining, and it will improve the turning radius from Wendy's onto the Papa John's site. Ms. Eustace stated that the applicant is not opposed to the cross-access agreement or the widening of the driveway; however, they would like to maintain the color gray since it is part of the Papa John's image. Bill Hukill, Director of Development and City Engineer, expressed concern because there is an eye 22 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 18, 1995 elevation difference between the Wendy's property and this parcel. If that compounds an "S" curve for the truck going through that area and for the drive-through traffic at Wendy's, he does not know what the end result might be. In addition, there may be a drainage problem. Ms. Eustace stated that the applicant will provide full drainage calculations at the Technical Review Committee level. Vice Mayor Bradley inquired about the noise, odor and buffering planned between this project and the residences. He expressed surprise that the dumpster location is planned so dose to the residences. He is also aware of the residents' concerns about the retention pond. Mayor Taylor questioned the number of employees that will be working.in the building. One of the representatives advised that the operation will begin with a staff of three employees and four drivers. Mayor Taylor is concerned with the parking situation because the applicant shows five parking spaces and one handicap space. With the number of employees and deliverers, anyone attempting to pickup from Papa John's would not have a space to park their vehicle. The Papa John's representative stated that they have had conversations with Wendy's regarding allowing their employees to share a spot in the Wendy's lot. Ms. Eustace reminded the Commissioners that the majority of the business is delivery- oriented. There are no seats in this restaurant. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. Jose Aguila, 800 SW 1 Court, commended Ms. Eustace for doing an outstanding job of trying to anticipate every question. He pointed out, however, that there are incredible problems on this property. This is a situation of ten pounds of building on a five pound site. He is concerned about the dumpster being located so close to the residential property and no buffer wall is indicated on the north property line. There is only one and one-half feet available for landscaping. Using Wendy's parking will not work. If they do not have surplus parking, a car would have to back up the entire distance out onto the street because there is no where else to go. This is too much of a project to fit on this small parcel. Anything but a denial would be irresponsible. Richard Prince, 334 NW 7 Court, expressed concern about the lack of a buffer wall and the traffic safety hazard to school-aged children when deliveries are made between 8:00 a.m. and 10:00 a.m. There is no where a delivery truck can go to turn around. In addition, the dumpster will be sitting out on NW 7th Court. It will bring rodents to the community. This use will bring noise and speeding vehicles to the community. Don Connor, 404 NW 7 Court, advised that until recently, that portion of the street was a dead end. Since DOT changed the road, there is a great deal more traffic on the street including semi-trucks. Many of the children of the community play on the street. He does not object to commercial development, but this type of development is objectionable. He is already experiencing a rodent problem in this community and is already subjected to the noise from the speakers at Wendy's drive- through. At present, people who turn into NW 7th Court and realize they cannot go any further, use Mr. Prince's driveway to turn around and go back to Boynton Beach Boulevard. Mr. Connor raised the issue of the elevation at the Board of Adjustment meeting. He believes six to seven inches of fill will be required to bring this site up to the same elevation as Wendy's. The retention pond will 23 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 18, 1995 probably not handle the overflow of water from Boynton Beach Boulevard. This would be a good development if the site could accommodate it Commissioner Jaskiewicz commended the developers in their efforts to comply with staff's recommendations. Although she would welcome this project to the City, she does not believe this site is the right site for this business. It will present too many negative impacts on the community. Vice Mayor Bradley feels this building is too big for such a small site. He felt that if the building could be rotated 900, :~ iTIight result in a little bit more room on the site. The dumpster could be moved away from the residences. After driving past this site, Mayor Taylor cannot imagine how this project can fit on this space. He expressed concerns about the remarks made by the public. He feels there is a bad situation at this location presently, and this project would cause an even worse situation. Ms. Eustace stated that the applicant currently meets the parking requirements. They are working very hard with staff and Public Works on the dumpster location issue. They have also worked very hard to orient the building to make the project work. The parcel of land is zoned properly for this use. She feels some of the concerns will be issues regardless of what is built on the site. The applicant believes this development is small enough to fit. Even though the rear buffer wall was inadvertently left off the application, they realize they are responsible for building it. It was on the initial plan and they know they must buffer the residences. They are trying very hard to work with the City to make this site developable. She urged the Commission to consider the fact that the project meets code requirements. Mayor Taylor advised that he is not convinced that this project meets the parking requirements because all of the spaces will be utilized by employees. He is concerned with the manner in which people will have to enter this site, turn around, or back out of the site. He feels there is a safety issue involved. Ms. Eustace stated that by code, they are required to have only a 21 foot drive-up. They have a 27 foot drive-up. They feel there is sufficient room for a car to back up, turn around and exit the parcel. Mayor Taylor feels the applicant did the best possible job with what he had to work with; however, it is not enough. Mayor Pro Tern Matson asked for advice from Attorney Cherof with regard to the City's legal standing if the Commission denies this request even though the applicant meets code. Attorney Cherof stated that because of the lateness of the filing of this plan, staff has not had an opportunity to give this project much thought. He suggested that if the applicant is certain this project will work, and they need time to work with staff, the Commission could make a motion to table action at this time. Vice Mayor Bradley said that if such a determination is made, he would like the applicant to consider rotating the building 900. By doing that, it will eliminate the need for the truck to pass in the rear to service the dumpster. If the dumpster is located near Wendy's, it is possible an additional parking space can be achieved. Mayor Taylor advised that without any proof as to what Wendy's will decide, he was not comfortable supporting this application. 24 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ~ Motion JULY 18, 1995 Vice Mayor Bradley moved to table this to the next meeting. Commissioner Jaskiewicz seconded the motion. Mayor Pro Tern 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. Project: Agent: Owner: location: Description: Motion 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. Vice Mayor Bradley moved to table the landscape appeal. Mayor Pro Tern Matson seconded the motion which carried unanimously. c. Project: Agent: Owner: location: Description: 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 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 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 VIII.B, be tabled until September 19. Motion Mayor Pro Tem 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: Pa-pa, Johns............................. ....... ......... TABLED APPLICANT REQUESTED TO BE TABLED UNTIL SEPTEMBER 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 vm.A.~'f' ~ c. Project Name: Agent: Location: ~1JtIl Il~cl ~)).....................................1rAB~~]) Description: Kieran Kilday Southwest corner of Knuth Road and Boynton Beach Boulevard Time Extension: Request for approval of an 18 month retroactive and an indefinite 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 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 Beach. VIII. DEVELOPMENT PLANS At the request of Mayor Taylor, Attorney Goren swore in those who were not present earlier. A. .Project Name: Papa Johns................ ........... ....... ..... ..... TABLED APPLLICANT REQUESTED TO BE TABLED UNTIL SEPTEMBER 5, 1995 Agent: Inerplan Practice, Ltd. Owner: Papa Johns USA Location: Northeast corner of N. W. 7th Court and Boynton Beach Boulevard 24 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 ANNOUNaD 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 )ohn's................................_........................ TABLED 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 )ohn's................................._....................... TABLED APPLICANT ftQUESTED TO BE TABLED UNTIL SEPTEMBER 19, 1995 Agent: Interplall' 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 FO.IlECONSIDERATlON 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 19, 1995 Dav~ Beasle}4_ 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. JefLlis, 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........................................................ 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: 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 'INTIL 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: CelIe-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 wbich 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 sur~ounding 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 /~.-- / " . " ,(, I. /,'.}JM 6'// 1 MINUTES CITY COMMISs!QN MEETING BOYNTON BEACH, FLORIDA OCTq~ER 2,1995 VIII. DEVELOPMENT PLANS A. Project Name: Papa Johns.............................. .;.............T ABLED APPLICANT REQUESTED TO BE TABLED UNTILpCTOBER 17,1995 Agent: Interplan Practice, Ltd. Owner: Papa Johns USA Location: N onheast 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. .<' _._~ :~~:~~ REQ~~;~.ji{;~jiD.UNTi~TOBER i~~':;~ Agent: Interplan Practice, Ltd. Owner: Papa Johns USA Location: North~ast comer of N. W. 7th Court aI)ii Boynton Beach Boulevard / Requfst for site plan approval t~,eo6struct a 1,142 square foot ~e-out pizza store on )2' acres /'/ \'" ~~~ '-.,.~-----.,..'.-,< Description: 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 COMMISSWN 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 CDBG 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 AtH.I(~ C I T Y o F BOY N TON B E A C H BOARD OF ADJUSTMENT MEETING AGENDA DATE: Monday, October 16, 1995 TIME: 7:00 P.M. PLACE: Boynton Beach City Hall City Chambers 100 E. Boynton Beach Blvd 1. Acknowledgement of Members and Visitors 2. Approval of Agenda 3. Approval of Minutes 4. Communications and Announcements 5. Old Business - None 6. New Business PUBLIC HEARING A. Case No. 210 Location: Northeast corner of Boynton Beach Boulevard and N.W. 7th Court Property Owner: Papa John's USA Requested Variance: Request for relief from Chapter 2 - Zoning, Section 6.B.3 of the City of Boynton Beach Land Development Regulations to allow a 21 foot 11 inch rear setback instead of the code required 30 feet. 7. Other Business 8. Comments by Members '" 9. Adjournment NOTICE: Any person who decides to appeal any decision of the Board of Adjustment 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. (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-four (24) hours prior to the program or activity in order for the City to reasonably accommodate your request. MEH:dim a.allndboa.IOII PLANNING AND ZONING DEPARTMENT MEMORANDUM # 95-548 STAFF REPORT BOARD OF ADJUSTMENT MEETING: October 16, 1995 PETITION: Case No. 210 LOCATION: Northeast corner of Boynton Beach Boulevard and Northwest 7th Court OWNER: Papa John's USA AGENT: Interplan Practice, LTD VARIANCE REQUESTS: Request relief from Section 6.B.3 of Chapter 2 - Zoning of the City of Boynton Beach Land Development Regulations to allow a 21 foot 11 inch rear setback instead of the code required 30 feet rear setback in connection with constructing a new pizza store with take-out and delivery services. BACKGROUND The subject property, zoned C-2 (Community Commercial), is located on the northeast corner of Boynton Beach Boulevard and Northwest 7th Court (see attached location map). The following is a description of the zoning districts and land uses of the properties that surround the subject property (see Exhibit "A" - location map): North - Single-family residential neighborhood, zoned Single- Family Residential (R-I-A). East Wendy's drive-through restaurant, zoned C-2. South - Boynton Beach Boulevard and farther south is a medical office building, zoned C-2. West Northwest 7th Court and farther west is undeveloped, commercial property, zoned C-2. ANALYSIS The property is a .22 acre vacant site which the property owner is proposing to develop into a pizza store with take-out and delj.very services. Site plan review is currently in progress for the pizza store. Action by the City Commission has been tabled to the October 17, 1995 City Commission meeting. The site plan submitted for approval is contingent upon approval of the requested variance and does not comply with code with respect to rear setback. Specifically, the 1,142 square foot retail building requires a thirty foot rear setback. The following language from the zoning code pertains to the applicant's request: Section 6.B.3. Minimum rear yard 20 feet w w When abutting residential districts, side and lor rear yards shall be thirty feet. Find attached Exhibit "B" - applicant's variance application, Exhibit "C" - survey of the subject lot, Exhibit "D" - proposed site plans and Exhibit "E" - a statement of special conditions for the variances requested, as prepared by the applicant. The summary of facts are as follows: page 2 Staff Comments Board of Adjustment Meeting October 16, 1995 Case No. 210 Papa John's 1. The land to the east, south and west of the subject property is zoned C-2. 2. The land to the north is developed as single-family residences and zoned R-I-A. 3. A request for site plan approval is in progress for the pizza store facility. The site plan has already been considered by the Planning and Development Board at their July 11, 1995 meeting and was tabled at the July 18, 1995 Commission meeting. The site plan approval request is scheduled to be removed from the table at the October 17, 1995 Commission meeting for final disposition by the Commission. 4. The subject lot is .22 acres (vacant) and the proposed one- story, 1,142 square foot, retail building faces Boynton Beach Boulevard. A single ingress/egress driveway is proposed for the site. The driveway is located on Northwest 7th Court approximately eighty-one (81) feet from the right-of-way of Boynton Beach Boulevard. The proposed parking facility consists of six (6) parking spaces ( Exhibit "C"). The applicant's design of the site posed a conflict with complying with code regarding rear setback. The code requires 30 feet as the rear setback (north) where the subject site abuts the adjacent property which is zoned R-I-A. 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I .. ,~. 0<':... -: +.. ,; ., '(" <~\ tl..~ P . - r ." --:,..,' \ r I I I'~ ; 1- ~ ~, . ..,p C 1iJ--. J [ - H) - T, 'iT - nR'!""'1" ,-, ~ .1 1- r}., ", . JT.it' \~ . ./ ~ 1. it.J '~~-~~ L-_ rlf . 1......... r .J ,.or"l, \ " I I I . .......' 1'- -<. . \, - I j /. III ~ I . ~ I ,.::.::. . .~ .;..;:.:.. '.1.. _ L~'~ .~ I ~~ \1:3 q;4,.~ " R:3 ~ -m~:r;:-~- ~- ,)K~I"'f~~Ui~ ._- -- (:,..... /S''I ..,.,!t..k ;,-'(l{,1.8R_.:HT ,q(Jfrf'~ . [j;.. 0 1/8 MfLESV I '--1 r 1--.. I I I I! I /'\ J FfJ[ r J t I I I r ./. I t~ _ ~L ~ uk K ~I .;.~~~ ~ III/ /. . \I'-~ Ml' '~n~ ~ m~'~ ..~~.~ .,~*1~j- ~11 LW '0 400800 FEE;T -- ~.I'I:/ll..:;llWU' ~;.. ,-l(r :<(( I 'y, .,' ~~,~ ~ I / . Pt.A/IININ/t PB.PT; 6-9.'7 t:;Lt~:~Jii\ 1 II, fI 1:3J=r- \1' " '<"":',~ .' I " ""'"'. __ '" _ r-- ~ 1/ I ~ , ,...~ ( ~-" ~ '\'" I,' v I'\!:,,'" ... ~rn c...:.~ WilL ,I I. [I) ~ ffi!:Ll2l: [QJ C. ~ !iF LOCATION MAP PAPA JOHN'S PIZZA STORE IlJ ":l :~ "I .. I " U) R1AA 'I) ,......-1 I( \~I ~ ,\J I . r" - p U - I ~TI~ ~[ ~t rJ.~ .~rl~~\j Ll r'TT ~.,rJ~i ~ JTT . T 1+1 WIJ ill 8Iit ~f1illI mm1 " , CU'Y OF BOYNtON BEAca BOAlU) or AOOU5mU;t APPLICAlrIDII Submittal Deadline. So. .cehdule of dat.s for Board m.etinvs and aubm1ttal da1:es Please print (in ink) or tYPe Submittal date. ct.lI.qS C4,.::#.;J.JO The undersigned owner(a) hereby I'..pectfully petitionrs) the Boud of Adjustment to 9rant to petitioner(l) a special exception or variance to the existing Zoning or S1gn Code of laid City pertaining to the property bere1nafter d..~ribed and 1n suppo~ thereof .tate(a). Property 1nvol ved 18 desoribed .. followa. Lot (a) -' . hIId1vJ,.1oa ~ib'1 p(!rk Bloalc - Plat Book "1!. , 'a9. 2. ~ C. or o~.J:W1ae described as followl' Jroperty Addre.. he followUfJ documenu are required to be aub1litted with tl11. application to form a sin;le package. Inoomplet. packag. will not be accepted. , 1. Two .ealed ~urve:dt by a reg1stered surveyor 1n the State of Florida, not OV'Clr lix (6 IDOA . old, indicating: A. All ~perty Una. B. Nortb arrow C. EXisting structures eel pav1n'l D. Existing elevations E. R1gbts-o~-way, with elevationa F. Easements on or adjacent to the site G. Utiliti.s OD or adjaoeDt to the .Lte B. L.gal d.sarlpt10n ' I. NUIlIber of acres to the neare.t one-hundredth (1/100) of aD acre J. Location sketch of property ~. Surveyor's Certificate . 2. TWo site olans properly dimen8ioned end to scale sbow1n'l' A. All propos.d .~Uctures B. All existing Itructure. tbat are to remain on .ite c. Setback line. for aJ.l .Uuc~ure. drawn perpencUcular frCll'll the prop.rly line. to th. oloseat vertical wall of structure. D. U.e of .ach atructuz. (or use. with1n mul~ipl. occupancie.. I. U.e of adjacent pro>>-r1:1.. includ1nq r1'lht-of-way 11n.. for aJ.l streets and alleys. sidewalU. turn lane. and driveway. r. Elevation. of the lowe.t f1niabecl floor of all. .txuctur.. on tbe dte Cert1f1ed 118t of name. and pan office addre.... of property ownen aad legal 4.script1ona of the.1z p~pertr within 400 f..t of luJ:Ij.ct property, a. recorded in the County CCuzthouae. Sucb 11.t .ball be acoOlDpanied by an Affidavit (... attacb.d) stating that to the bea~ of tb8 applicant'. bowledge, .aid U.t J.. oomple~e a.n4 acaurate. a. deecl or t:1 a 3. 4. 5. Statement of .pecial condidon.., h~hip. or reaaoa. juatify!ng the requested exception or variance. ".pond to the aix ('. queati.ona below (A-F) on a ..parate .heet.('1.... print or tYDe.: A. That speCial ooncl1t:iona aDd c1roUllUftaac.. exi.t which u. peculiar to the land, atructuze or building involved and whiCh are not applicable to other lAAd., atrucwre. or bu1141ng. in the same zoning d1strict, ,; a. Page 2 of J Tha t the apecial cond1 tiens IDd cirCWIIstancea do not re8Ult frea the action~ of the appl1cant, . ~at granting the varlaace requutect wiU not confer 011 tbe applicant any special pr1vlleQe that b deDi" lay ~s OdlNaae 10 o~er laft4a, but141D,. or .trDOtu%.. 1n the .... .000no diatrict. That U.t.ral1nterpratat1on of tJIe provision. of tbia ohapter would deprive the applioant of riQbt8 cOIll"""'ll1r enjoy" _ oe.r properua. 1n the aame 101liD9 d1atriat wuler the tecu of tJJa Ord1nance and would work WUIeCUIazy aDd UJldUe hudahip 011 tile applicant, ':hat the variance grantad 1s Qa II1n1muII ".dance that w111... polls1ble the reasonal)le Wle of tile laa4, buU41no or atruc:tua, That tbe gnnc1Dv o~ the vmace wll1 be in huIlonr vith tbe oeneral intent anel purpos. of th1a abapter aDd that such 'ladaDc:e w111 not be injuriou. to th8 ana ilwolveel or othezwi.e 4euUleDtal to the pu!)lla welfare. An application fee 1h the ..aunt of $400.00, payable to the CitY of Boynton Beach, IIlU8t ac:ccmpany a cc:ap1atec1 application. The $400;. 00 appl1caUon fe. cover. a r8CiUe.t to varr on. (1) lIecuon of ~ Code. Seeldn; reU.ef frCllll more than one ucr:ion of the Code wiU, requJ.re payment of $100.00 for each add1t1aaal COde .~1on. at_ and. acl4re.. of owner. B."...:rohnS u.sA.nu:.. ..*1. 8Iu.~",,,, fI>>it~y dtl1l~1(1l.4 zq. MllIIle Of appJ.1csane. ~I"" p~~ ~. jAMnJT UJur.s". () Applicant'S add%.s.. 5 ~ r fL 51 '1) Applicant'. phone ,. C. 8. D. I. F. 7. I. Dat.. ct. '.qlt, _ EMMie. eum'IG8 SilDaeue of App11canc& ----------------------------~----------------------------------------- To be comDleted bv the Build1nc Official or ReDre.enc.~ive 1. Property 1a pr...ntly &ollltch C - J.... formerly &onecl& vlJ J~ 2. Property Control NUlllber. L-")~~ - 43- 4-5 - 20 - O'-bDO-OOIO 3. Denial "'u ma4e upon ex1at1no 10tWlg' or dID rec;ru1r...enu ( 1m secdonsC_) of! Code from whlch relief 18 requ1zed) I S~..;.71u"J (;. 13. 5 afc:.~"'lrc",:J-~i.J" trru6: c,-I-.;~~ S~,~ C. Natura of excepUon or variance requUecb ~ A L L.a W A- '1... II... IJ J' R.z- A-I\ ~;:T ~A-<'(( IN ST-eI+ ~ o {:: ',V\ e. c..D D~ R c= Q \l \~.:: D .s 0 ~e~r . Date. AJ,4 / Permit c1eD1edr Aft A 8uilel1ng Departlll8QC (~) t~ ....ting DaU. Oc: frlQ;.^ ;I..! 1e;'''.5 5. cu. Numbex: ~ - I ~ ~J!Alf~-AL~ACK.8LiIa~ J'~'~/~H(~,r~",y.d' A ./ J.- ,., .\ DESCRIPTION: r v '" ~ LOT I, DEIERL PARK. PLAT BOOK 23. pAGE 23$. LESS PARCEL PREVIOUSLY DREDED TO.q~-f'.~/,l(1f'r:i!ftJPr!"/~~5 LJA//A/r1.A~Y Lt//",/CY MQRB PARTICULARLY DRSCRtBBO As TUR SOUTH 13 PERT ~~~/Y~I7~. ;7~~ V~. OF LOT 1 AND tHAT PART 0' SAID LOT t LYIRG WITHIN THE BXTERNAL ARR! PORMRD BY A 2S POOT RiDIUS ARC TANGENT TO THE WRST LiRB 0; SAiD tOT t AID TANGENT TO A LINE 13 PBRt iORTH 0' ARD ~AR!LLBL TO SOUTH I.INB OP SAID LOT 1. (lV/.lI6 IN ,d,ltM' 6E.ll'K . (}?v'fI'ry, I='"to~/t:)/f) r.P.GF.N 0: ~ :2'!7.t7' ~ ~ ... ., " ~~ ~ ~ ~ ~~~\, ~ ~ ~ ~ ~ I"f,~' . .. 'M/f".M/ .fr~cR' jA-f4/N" 1/" - - /A,(- - '--1 , ~ I \u. : 1'S.~'IIoc~ ~" ~ ~ ,'>: ~ ~~ .~~ ~~ -'-j- . brn/,f,/EI/t?'" vrlJ.lrY l/'{/E~ , ~ 1'2/. Z9 ~~ "- /l"",< """"'- "I.. er/J n:(/~ .\j A'r~/t:Jc.vc~ ~;j l /- ? ~ I, / /1 ..... ......PV,f/t:' L':r;" t.. 1- / '-- '" Vi" . , , \1, e"?#"C/cTc- "''I. qj~ , I I,. t\.., "y'?AI'#,ve-,vr (~o ,4/PKIJa) i::J ~~ " ,..,#&('" I . ~. , . ~ e'''',/if/ .J'/A'K 74.1?1!' ,..v L/,v4" \ ...., np.~ " .eYA'cE , ': 'I... .... 'f'1,./J . ~ I~.I, '\.. ,rt'O,(~ , ~ '\. .... , ~ .1/.(" //(dA/ ~ " ..L ,P//E tA/., (0,(/,) .... - " ..s- _ .... , , ~q ~ I '" '. .,1 , - ~ " \., ~ l\_ 0., 'E ...., '~ ...' '-J I "'- ~, -!.... ::Of" .... , , " ..... I~I , , II ~ " r ::It!. /5 ".U!f....... 9\ /'<t?"A' ,~ 'PI- . ... I" " "H/E,t/'?YJ' . ,,2t?1/ ~ ... ...... I /) -7- 1 , / / 1, L_ C- o .... ~", ~ ~ , " n!d. €!I "....~. ~- .... -. rPt/A/t? ;.J' ....".l't:V .,~ '(',,{/(, C"',('8 " ~vrr.r~ WAre:(' l!,/ ",f'f/r , ~ !li '" ,.0 ,{ r ~- 0 ~'to<',f'c. ('I/L.9 k G"J/rr~,( ~/J'. gJ 6'A',l,$!" MctJMA/ r~L: .//VT4'/t/JLAM ;p"e//t!;r/c;E II I' tllflllY ChTI~y thllit th plat ahown haroon Ie . trua and .orract ra;roaonta~lon ot . aurvay 01 tha land. d...rlb.d haraon ...da In a.eordan.a wIth tho ~Inl..um taehnl.11 atlnd.rda lor 'and .urvarln, In,the nlta 01 Florlde II Id lorth by Chl"tar""".t;.'lorldl A~Inlatratl.. Code. Thle drlwln. n,t ve td without In _oaud a.,1. " , ~ = C!RTBRLtRt ot liGHT or WAt .. CONC" C()~'CRITB "C.B.S." · CORCRBTE BLOCK iRD STUCCO .. 12/J.?J" = Bl:.BvUtOlt 8A9ID:08 'U'1'toRit OlODIT1C V!RTICiL bATUN 1929 "~cr /.R."" j~t-/ F/;" I'<?,.v A'11~ N"//"'# f'J' ""~I '.'J rt.Cilt' 'e"A/~-' C C'cK'T/.//ECJ T,1 : "f7,/27,P#EYr 1/,rL[ ",4/~t/.l'",VcE: /t/A/a /,(/c. t(//LU4,//t ~ ZJ~A/EY P..-f,P,/ v~H,f/J (/.>~, lA/C. tr) r""yf1lr./It 1114~ If" rt'ltntll. ~"rffl" """/fA' Ilff' at R"A/~ ",/ ';~A".p ..t:' ~ 71 A.vJ:7 L..I#t? /'~~t/C"r4l/.Mt1. ;1!92Z .. '-. .~. - .--.......--._.. . ..4...:.-...._ _ .~......_.~_... ._._.~ ...._.._. . ~._... . O'8I'r.. IUITra & O'IIIE.. IIC, kNO'NktRS, SURviVb.8. lAND PLANNERS 1leot Nohm t:EDERAl HIOHWAt. bElRAY 81!ACH, FLORIDA ""l;..", . : /'/ :-t? ' 6a . "IU- -'t:1t:I ''('E'Ar,.,../rtl1 ~ ''($11-1'10/ &-. . Of 0:~~_6/, , - '-. .-- - ...- - --- -.- -- .., I, ~ l~ .. .' ,,_ ' ' I ll~! . _ -----. -. ..-." I rn . , _h _" _ __'_ . _ . o '" .,. I - BOYNTON BEACI-l BL YD. I ~ ffi li I Uii II d ~ I >~(~) II jll III j ~ -~- '~;;:;:.::: uJc--- . .::' ,.,:. :..=:.~-_:==~..,.__._ I . _.____. . -- - .. -- --. - · ~...:=::. 1'. - - ~_ ....::11._._.. __ I.. .':':':=6.=.-1-: .--:.~. ; =..:"'= __" ---;':'-"'Z,' " ~ _.. u__ '. _ - - -" ' I , ~ , . ii! D 1} ....1 ~ ;. e II I I . fl' III Ii ... t (j) ~:< a at. I: ~ D 0 0 I A 1-IIIIIIIIIIIIIU1IP (J\ : ~ I ~ 111,1 i III I ~ ~I .! , .. .. II Ii I~ 1m i ~ I ~ I! , 1 . ~ I X ;1 ~ ! I~ _, 0 . . 0 I ~ I ~ - I ~ I' . I t ~ " c m I.. .~ ~ ~ ... hhlll'JAII!l1 J>. .. : m , ! , : u~ lun I~! "'! " ~ ~ ~ ffi! ,. · i,. j ;;; Ji;~1 i.' ; I ~h' ':.'Ij v' E ., _-:-:= ~.::-~-="-~~:~ - ~ III II!III I & , ~~~ i II m' II 'lllll/iillir 1,111 if Illllllill' r'rll,' 'i!illj Ii ~ I II I ~ '1_ I 11111.J'M'I' .If III' 'f; llilli' I -I' f IG I' I _ _ ~ -...CIl.___._.... --.__ _ _ _ Ie... _ _ .l____ __ .or" _'_ _ __ _ __ ~ rr I I ePAPA .IOHNS PIZZA I'~I f' 1.=: ' (~ 'I h r1rllJ1 .. I ;1' 11'1,,1, I ~ II BOYNTON ..ACH. PLORIDA 11m mo' )> ""< z z -- C') ai h~ o~ m I,". _ c 1(, m 61 ~ .. r I.S 'I . ,I ! I J . r . OJWm ~ I u 0 i II I il'lUIS .- -,' Sir ~ i;!.ij~1 ~ 13:>1;11 !1(lto~ ~ 8r~:(lil ~ .5i!i!i~; iO IUIUi~ ~ I :~Anli 2 1!I'i J Papa Johns Pizza NE Comer of Boynton Boulevard and NW 7th Court September 8, 1995 Attachment to the Board of Adjustment Application Statement of Reasons Justifying tbe requested variance for a reduction of tbe required rear setback from 30' to 21'-11". A. That special conditions and circumstances exist which are peculiar to the land, structure or buildinc involved and which are not applicable to other lands, structures or buildings in the same zoning district. The size parcel prohibits development without concessions of some code requirements. After discussion with staff, Papa John's believes this compromise is needed for the site to be developed. B. That special conditions and circumstances do not result from the actions of the applicant. The redesign of the:: site requiring the:: rear setback to be:: impc::dc::d is a result of onJoing discussions with the:: Staff and City Commission, leading to subse::quent revisions. C. That granting the variance will not confer on the application any special privilege that is denied by this Ordinance to other lands, buildinp or structures in the same zoning district. Granting of this variance will allow this site to be developed. Due to the size constraints of the parcel, a variation in the code requirementsois needed. I D. That literal interpretation of the provisions of this chapter would deprive that applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the Ordinance and would work unnecessary and undue hardship on the applicant. The literal interpretation of the provision requires a rear setback of30' adjacent to a residential zoning classification. The development of this 0.22 acres commercially zoned site is severely impeded with the setback requirement due to adjacent zoniDg. A 61 high masonry wall and landscaping is provided to reduce the impact on adjacent property. E. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. The reduction of the rear setback is needed to make reasonable use of the parcel ofland due to site size constraints. F. That the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will noC be injurious to the area involved or otherwise detrimental to the public welfare. The granting of this variance is in hannony with the general intent and purpose of this chapter and will not be injurious to the area involved or public welfare. The masonry wall and landscaping are provided at the rear property line to reduce the impact of Ute adjoining property and Papa John's believes this will not adversely impact the public welfare. c:\wpwin6O\wpdocs\boe03.811 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 17, 1995 DESCRIPTION: lANDSCAPE APPEAL: Request for a landscape code appeal to overhang a required landscape strip with bumpers of parked cars. B. PROj ECT 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 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 PU D ............................................................. TAB lED Ki Iday 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 Pulte Homes, 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 Ave'f-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, 820 North Road, 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 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 21, 1995 . Description: Papa Johns. . . . .... . ... . . . '" . . .. . . .. ......... ......... . TABLED Interplan Practice, Ltd. Papa Johns USA Northeast comer 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 B. Project Name: Agent: Owner: Location: See discussion above. IX. NEW BUSINESS A. Consider request from Chairman of the Community Redevelopment Advisory Board to hold meetings on an "as called" basis Lloyd Powell, Chairman of the Community Redevelopment Advisory Board, said this request has been put forth because the board has had absolutely no business to discuss lately. He preferred to use the talents of the board on an as called basis instead of meeting on a regular . monthly basis. Commissioner Rosen suggested that even though there is no specific item on the agenda, the board meet to discuss what they could recommend to the City Commission. Motion Commissioner Jaskiewicz moved to allow the Community Redevelopment Advisory Board to meet on an as called basis when they have an issue to take up. Mayor Pro Tern Matson seconded the motion. Mayor Pro Tern Matson pointed out that this would eliminate the need for one of the recording secretaries and would help the City Clerk with her scheduling. The motion carried 5-0. 14 e MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1995 application for a change in land use designation would be approved, and the designation would be changed to low Density Residential. With respect to the master plan, there are issues with respect to access, drainage, and recreational amenities which can be resolved if this community is taken in under the umbrella of the Hunters Run Master Association. The master plan could be approved with the following conditions: 1. Approval of the adjacent Hunters Run community to include the "Isles" as one of their associations with equal rights with respect to access, drainage, and recreational amenities. The City must be provided with documentation of that approval. The Hunters Run community will not be able to formally vote on this until some time in December. < < 2. There are issues relative to proposed setbacks. The proposal would be that there would be 15' front setback, 10' rear building setback, 7' rear building setback when there are pools, jacuzzis, or whirlpools, 5' rear screen enclosure setback, 10' side minimum building separation, 3' setback on the side where there is a non-zero side screen enclosure, 5' side setback when there is a non-zero side pool, and a building height of not more than 30'. There would be an appropriate notation made on the master plan indicating the maximum floor area that would be submitted to the Building Department on a lot-by- lot basis as far as permitting to monitor land use density. That information shall be charted on the face of the document. If there is an excess amount of square footages left over based upon the lUI calculation, all of the approved units will share in the excess. If approved, the settlement agreement will be outlined in the development order which would be signed by the City Attorney and the City Clerk, recorded, and submitted to the court with the stipulation. Maurice RlK@Ildndc, One Villa Lane, was authorized to appear this evening to advise the Commission that when this project is approved, Hunters Run has every intention of allowing the Isles of Hunters Run to have all the privileges and access that all of the other 21 condominium a"ssociations are allowed at the present time. He urged the Commission to support this project. Mayor Taylor pointed out that these homes will cost approximately $350,000 and above. This will be quite an attraction to our housing stock. 24 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1995 This item will remain on the table. C. PROJECT NAME: Papa John's......... .................. ......... ............ ............. ....... TABLED APPLICANT REQUESTED TO BE TABLED UNTIL NOVEMBER 21, 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 This item will remain on the table. Mr. Kilday requested that Item X-D.l be moved up on the agenda to accommodate people in the audience. Motion Commissioner Jaskiewicz moved to move up Item X-D.l. Vice Mayor Bradley seconded the motion which carried unanimously. X. LEGAL D. Other 1 . Approval of Settlement Agreement with Summit Properties and Master Plan approval for Isles of Hunters Run Attorney Cherof advised that the City has been engaged in litigation of the Summit Properties for many years. In 1991, the City sought declaratory relief from the Circuit Court with respect to development rights. The Court held that an earlier stipulation and court order from 1973 or 1974 locked in specific land uses and zoning for the property that fronts on Congress Avenue just north of Hunters Run. Within the body of the stipulation and final judgment was a prohibition against residential use on that property. Over time, it appears that the desires of the developer have changed with regard to what should occur on that property. We have engaged in negotiations with Summit Properties and the potential buyers of the property to process a rezoning, land use amendment and approval of a master plan. The settlement agreement would require that the application to rezone the property to PUD would be granted provided it is limited to single-family usage and an LUI rating of 4.00. The 23 { \'~~'""'-! \ . Iii i \. '; i i i ~ I, .\; 1 1'1 \, !'. '\ l ; \\Il' ii' J . CITY OF BOYNTON BEACH '.. \ EGUlAR CITY COMMISSION MEETING ,.'.~- AGE N 0 A d '~')"j[ {'1' l ,;~.::: f} ;';1 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 Tem Lynne Matson D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. ADMINISTRATIVE: A. Appointments to be made: APPOINTMENT LENGTH OF TERM TO fiE M8DE fiOARQ EXEIBA TIOM 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 Rosen 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 by the City Managor for "Consent Agenda" approval of the action Indicated In each 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. Bid. - Aeoommend 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- RE: Water Service Agreement - Thomas G. Kane for properly 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: LOCATION: 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-1-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: LOCA TION: 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 aore tract and to rez:ono the 1.59 acre tract from R-l-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 Drlveway8" to allow two (2) additional driveways onto Northwest 7th Court. 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: LOCATION: G. PROJECT NAME: Boynton Beach Distribution Center (Miner Road AccesG 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 appeal to 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 foot take-out pizza store 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 PIO 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 Aldge Commeroe Park PIO Lota 15, 16, 17 and 18 (South side of Commerce Road, approximately 304 feet east of High Ridge Drive) DESCRIPTION: SITE PLAN MODI FICA liON - 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 LOCA TION: 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, FOR 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. 288.0105) 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) 376.6013 AT LEAST TWENTY-FOUR (24) HOURS PAIOR TO THE PROGRAM OH AOTIVITY IN OAoeA FOR THE OITY TO REASONABLY ACCOMMODATE YOUR REQUEST. aTY OF BOYNTON BEACH REGULAR CITY COMMISSION MEETING AGENDA October 17. 1995 I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation - Rev. John Block, S1. Mark Catholic Church C. Pledge of Allegiance to the Flag led by Commissioner Shirley Jaskiewicz D. Agenda Approval: 1 . Additions, Deletions, Corrections 2. Adoption II. ADMINISTRATIVE: 6:30 P.M. A. Accept resignation from Raychel Houston, regular member, Board of Adjustment B. Appointments to be made: APPOINTMENT TO BE MADE Mayor Taylor IV Matson II Bradley IV Matson II Bradley IV Matson IV Matson II Bradley III Jaskiewicz IV Matson Mayor Taylor BOARD Board of Adjustment Bldg Brd of Adj & Appeal Cemetery Board Children & Youth Adv Brd library Board Comm Redev Adv Board Code Enforcement Board Recreation & Park Board Code Enforcement Board Adv Brd Children & Youth Board of Adjustment LENGTH OF TERM EXPIRATION DATE Alt Term expires 4/97 Alt Term expires 4/96 Alt Term expires 4/96 Alt Term expires 4/96 Alt Term expires 4/96 Reg 1 yr Term to 4/96 Alt 1 yr Term to 9/96 Alt Term expires 4/96 Reg Term expires 9/96 Reg Term expires 4/97 Reg Term expires 4/96 TABLED TABLED TABLED TABLED TABLED TABLED TABLED TABLED TABLED C. Approve Change Order No. 1 with Montgomery Environmental for replacement of additional areas of contaminated sheetrock in the amount of $7,859.60 D. Authorization to proceed with advertising RFP for consultant for Comprehensive Plan E. Authorization to proceed with Task Order No. 25 with CH2M Hill for Engineering Services for Water, Sewer, and Stormwater Rate Study, Organization and Operating Efficiency Study, and Comprehensive Plan Update III. CONSENT AGENDA Matters in this Section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes 1. Regular City Commission Meeting Minutes of October 2, 1995 1 B. Bids - Recommend Approval - All expenditures are approved in the 1994-95 Adopted Budget 1. Award bid for the resurfacing of five (5) tennis courts at the Congress Avenue Racquet Center to Accurate Tennis Courts in the amount of $9,566 2. Award bid for annual requirements for bulk fertilizer for the Municipal Golf Course to Harrell's, Inc. at $8.23 per bag 3. Award bid for the annual contract for cleaning chemicals and janitorial supplies to various vendors as indicated on the tab sheet C. Resolutions 1. Proposed Resolution No. R95- RE: Acceptance of replat for Plat No. 10 of Quantum Park for PJM at Quantum Park 2. Proposed Resolution No. R95- PUD RE: Acceptance of replat for Lawrence lakes 3. Proposed Resolution NO. R95- RE: Acceptance of Letter of Credit for water and sanitary sewer improvements for Santa Cruz, Inc. D. Approval of Bills E. Payment of Bills - September 1995 F. Emergency air conditioning repair for West Water Treatment Plant G. Transfer of cemetery lots 208 A & B, Block R, Boynton Beach Memorial Park IV. ANNOUNCEMENTS II PRESENTATIONS: A. Announcements 1. Workshop Meeting, October 26, 1995 at 4:00 P.M. - Residential Appearance Regulations and Clipper Cove financing options - United Way Service & Conference Center, Boardroom, 2600 Quantum Boulevard 2. Youth in Government Day, October 19, 1995 3. Firefighter Memorial Sunday Services October 22, 1995 at 8:00 A.M. in the Community Room of Fire Station III, 3501 North Congress Avenue - Everyone Invited 4. First City Commission meeting in November will be Tuesday, November 7, 1995 B. Presentations 1. Legislative update presented by Representative Sharon Merchant V. BIDS: VI. PUBLIC HEARING: 7:00 PM OR AS SOON THEREAFTER AS THE AGENDA PERMITS A. PROJECT NAME: Miner Road TAILED AGENT: Richard HarrIs for Condor Investments of Palm Beach County OWNER: City of Boynton Beach . lOCA TION: Miner Road between High Ridge Road and 1.95 DESCRIPTION: ABANDONMENT. Request for abandonment of a 54 foot wide portion of the Miner Road right-of-way east of High Ridge Road 2 B. PROJECT NAME: Boynton Commons AGENT: Robert A. Bentz, Land Design South OWNER: Bill Ray Winchester & Elsie A. Winchester LOCATION: The southwest corner of Old Boynton Road and Congress Avenue DESCRIPTION: REZONING - Request for zoning and master plan approval to construct a 186,130 square foot retail complex on 23.03 acres of land in connection with a rezoning from C-3 to Planned Commercial Development (PCD). C. PROJECT NAME: St. Joseph's Episcopal Church and School AGENT: Jerome F. Milord OWNER: St. Joseph's Episcopal Church LOCATION: 3300 South Seacrest Boulevard DESCRIPTION: CONDITIONAL USE APPROVAL - Request for conditional use approval to construct a new 6,482 square foot classroom building to the existing school, a 30 space parking lot and tennis courts. 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 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 Johns 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 C. PROJECT NAME: Tara Oaks PUD TABLED AGENT: Kilday and Associates OWNER: Bill Ray Winchester LOCATION: Northeast corner of Woolbright Road and Knuth Road extended DESCRIPTION: Request for approval to modify the previously approved master plan to change acceS8 points, recreational amenities, unit type from apartments to townhouses and use acreage D. PROJECT NAME: Boynton Commons AGENT: Robert A. Bentz, Land Design South OWNER: Bill Ray Winchester & Elsie A. Winchester LOCATION: The southwest corner of Old Boynton Road and Congress Avenue DESCRIPTION: LANDSCAPE APPEAL - Request for a landscape code appeal to omit a 21/2 foot wide landscape strip between the vehicle use area and the abutting property line at the southwest corner of the site. E. PROJECT NAME: UPS Communication Data Center AGENT: Collene W. Walter, Kilday & Associates, Inc. OWNER: GR Palm Associates LOCATION: 3800 South Congress Avenue 3 DESCRIPTION: LANDSCAPE APPEAL - Request for a landscape code appeal to omit the 2 1/2 foot wide landscape strips between the vehicle use area and the abutting property line at the southeast corner of the property, the east property line and the north property line. F. PROJECT NAME: Carrabba's Italian Grill at the Target Shopping Center AGENT: Lisa A. Tropep, P.E. - Shalloway, Foy, Rayman & Newell, Inc. OWNER: American Development Corporation LOCATION: Southwest corner of N.W. 22nd Avenue (Gateway Boulevard) and Congress Avenue DESCRIPTION: SITE PLAN - Request for site plan approval to construct a 6,238 square foot, 222 seat. one-story restaurant on a 1.617 acre outparcel at the Target Shopping Center. G. PROJECT NAME: UPS Communication Data Center AGENT: Co Ilene W. Walter - Kilday & Associates, Inc. OWNER: GR Palm Associates LOCATION: 3800 South Congress Avenue DESCRIPTION: MAJOR SITE PLAN MODIFICATION - Request to amend the previously approved site plan to construct 486 new parking spaces and upgrade the existing vehicle use area. H. PROJECT NAME: UPS Communication Data Center AGENT: OWNER: LOCATION: DESCRIPTION; Collene W. Walter - Kilday & Associates, Inc. GR Palm Associates 3800 South Congress Avenue PARKING LOT VARIANCE - Request for relief from Chapter 23 - Parking Lots, Article I, Section 2.F of the Land Development Regulations to allow an increase in parking spaces which exceeds 25% of the existing stalls without upgrading the portion of the existi ng vehicle use area located between the south property line and the existing building. I. PROJECT NAME: RaceTrac Service Station at Shoppes of Woolbright PCD AGENT: Anna Cottrell- Basehart & Cottrell, Inc. OWNER: RaceTrac Petroleum Inc. LOCATION: Northwest corner of S.W. 8th Street & Woolbright Road DESCRIPTION: TIME EXTENSION - Request to grant a five (5) month retroactive and a one (1) year time extension for site plan approval and concurrency exemption. IX. NEW BUSINESS: A. Items for discussion requested by Mayor Pro Tern Lynne Matson 1. Superfund Reform '95 B. Code amendment - regarding Psychic Readers C. Consider request submitted by Jeff McGllnnen to have a neighborhood block party on Saturday, October 28, 1995 from 6:00 P.M. to 9:00 P.M. and to cia.. the main entrance of SW 4th Street to the stop sign at SW 27th Avenue D. Amendments to Boynton Beach General Employees' Pension Plan regarding investment guidelines E. Amendments to Boynton Beach Firefighter Pension Plan regarding investment guidelines X. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 4 1. Proposed Ordinance No. 095-28 RE: Land Use Amendment - Lake Worth Christian School TABLED UNTIL OCTOBER 17, 1995 2. Proposed Ordinance No. 095-29 RE: Rezoning - Lake Worth Christian School TABLED UNTIL OCTOBER 17, 1995 3. Proposed Ordinance No'. 095- RE: Community Design Plan change - overhead doors fronting on certain streets B. Ordinances - 1 st Reading: 1. Proposed Ordinance No. 095- RE: Amending Chapter 4, Animals and Fowl, Section 4-51 to comply with Florida statutes 2. Proposed Ordinance No. 095- RE: Amend Chapter 17, Peddlers & Solicitors, deleting fee requirements and providing for the limitation of duration of terms for solictation permits C. Resolutions 1. Proposed Resolution No. R95- and relocation agreement RE: Authorize execution of billboard removal TABLED UNTIL NOVEMBER 7,1995 2. Proposed Resolution No. R95- RE: Policy for health & dental insurance coverage for City Commissioners 3. Proposed Resolution No. R95- RE: Approve new job descriptions for new positions and title changes for FY 95/96 D. Other 1. Approve General Liability Settlement - David Levine XI. UNFINISHED BUSINESS: 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 MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR 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.2B6.0105) 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-FOUR (24) HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. 5