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The applicant advised that Item A was withdrawn at the last meeting.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
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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."
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REGULAR CITY COMMISSION MEETING
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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
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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.
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REGULAR CITY COMMISSION MEETING
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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.
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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.
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PLANN ING & DEVELOPMENT BOARD
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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
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PLANNING & DEVELOPMENT BOARD
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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
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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.
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REGULAR CITY COMMISSION MEETING
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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.
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REGULAR CITY COMMISSION MEETING
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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
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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. The applicant is
requesting that the rear setback be reduced from 30 feet to 21
feet 11 inches.
MEH:dim
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LOCATION MAP
PAPA JOHN'S PIZZA STORE
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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 $100.00 for each add1t1aaal COde .~1on.
at_ and. acl4re.. of owner. B."...:rohnS u.sA.nu:.. ..*1. 8Iu.~",,,, fI>>it~y dtl1l~1(1l.4 zq.
MllIIle Of appJ.1csane. ~I"" p~~ ~. jAMnJT UJur.s". ()
Applicant'S add%.s.. 5 ~ r fL 51 '1)
Applicant'. phone ,.
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Dat.. ct. '.qlt,
_ EMMie. eum'IG8
SilDaeue of App11canc&
----------------------------~-----------------------------------------
To be comDleted bv the Build1nc Official or ReDre.enc.~ive
1. Property 1a pr...ntly &ollltch C - J.... formerly &onecl& vlJ J~
2. Property Control NUlllber. L-")~~ - 43- 4-5 - 20 - O'-bDO-OOIO
3. Denial "'u ma4e upon ex1at1no 10tWlg' or dID rec;ru1r...enu ( 1m
secdonsC_) of! Code from whlch relief 18 requ1zed) I
S~..;.71u"J (;. 13. 5 afc:.~"'lrc",:J-~i.J" trru6: c,-I-.;~~ S~,~
C. Natura of excepUon or variance requUecb ~ A L L.a W A-
'1... II... IJ J' R.z- A-I\ ~;:T ~A-<'(( IN ST-eI+ ~
o {:: ',V\ e. c..D D~ R c= Q \l \~.:: D .s 0 ~e~r
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Date. AJ,4
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Permit c1eD1edr Aft A
8uilel1ng Departlll8QC
(~) t~ ....ting DaU. Oc: frlQ;.^ ;I..! 1e;'''.5
5.
cu. Numbex:
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DESCRIPTION: r v '" ~
LOT I, DEIERL PARK. PLAT BOOK 23. pAGE 23$. 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 .
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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,
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O'8I'r.. IUITra & O'IIIE.. IIC,
kNO'NktRS, SURviVb.8. lAND PLANNERS
1leot Nohm t:EDERAl HIOHWAt. bElRAY 81!ACH, FLORIDA
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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
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J
. CITY OF BOYNTON BEACH
'.. \ EGUlAR CITY COMMISSION MEETING
,.'.~- AGE N 0 A
d '~')"j[ {'1'
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;';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.
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