LEGAL APPROVAL
MINUTES
PLANNING It DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
1 /'"
-;JJ ~ 'IV 'u',
NOVEMBER 14, 1995
Carrabba's Italian GrllI- ". board recommended approval subject to staff comments,
and the City Commission endorsed that recommendation.
UPS Master Site Plan Modification. This board recommended approval subject to all
staff comments and planting of additional trees at the northwest comer of the sidewalk
at Congress Avenue, and that recommendation was endorsed by the aty Commission.
Parking Lot Variance for UPS - This board recommended approval subject to staff
comments, and that recommendation was endorsed by the aty Commission.
Time Extension for RaceTrac - This board recommended approval subject to staff
comments, and the aty Commission endorsed that recommendation.
9. COMMENTS BY MEMBEIS
Chairman Dube reminded the members to respond to the aty Manager's Office regarding
the Board Dinner to be held on December 7, 1995, at Hunters Run. Chairman Dube and Mr.
Rosenstock will not be able to attend the dinner.
Chairman Dube apologized for allowing the flrst application to take up so much time; however,
this may assist the aty Commission it their meeting next week. Dr. Elsner and other members
of the board noted Mr. Kirschner's hpllcation of the possibility of a lawsuit depending on the
board's decision.
10. ADJOURNMENT
There being no further business' to come before the board, the meedng properly adjourned
at 8:40 p.m.
Y1t .'.
~pralnl~~
Recording Secretary
(Two Tapes)
14
25
ARIGHT OF WAY OVER THE WESTERLY 80 FEET OF THE EASTERLY
190 FEET (AS MEASURED AT RIGHT ANGLES TO) THEREOF FOR THE
LAKE WORTH DRAINAGE DISTRICT CANAL NO E-3 1/2 AS RECORDED
IN OFFICIAL RECORD BOOK 1803, PAGE 254.
SAID PARCEL CONTAINING:
32.892 GROSS ACRES
2.953 ACRES IN FLORIDA POWER AND LIGHT COMPANY
1:' 7\ ~ 'r:'I'-I'I":'I"''Irn
Page 2
Notice of Public Hearing
United Parcel Service Communication Data Center
All interested parties are notified to appear at said hearing in person or by
attorney and be heard or file any written comments prior to the hearing date.
Any person who decides to appeal any decision of the Planning and Development
Board and city Commission 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.
CITY OF BOYNTON BEACH
SUZANNE M. KRUSE
CITY CLERK
(407) 375-6062
.:LEGALNO~.UP8
,
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACfi, FLORIDA
OCTOBER 17, 1995
Motion
Commissioner Jaskiewicz moved to approve the 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 existing
vehicle use area located between the south property line and the existing building subject to staff
comments. Mayor Pro Tem Matson seconded the motion which carried unanimously.
Motion
Mayor Pro Tem Matson moved to approve the request for landscape code appeal to omit the 2112' wide
landscape strips between the vehicle use area and the abutting property line at the southeast corner of
3800 South Congress Avenue, known as UPS Communication Data Center subject to staff comments.
Commissioner Jaskiewicz seconded the motion which carried unanimously.
Mr. Kilday confirmed that the motion on the landscape appeal includes the condition of substituting
landscaping to the north (the additional trees on Congress) and the infill (working with the Forester).
DESCRIPTION:
Carrabba's Italian Crill at the Target Shopping Center
Lisa A. Tropepe, P.E. - Shalloway, Foy, Rayman & Newell, Inc.
American Development Corporation
Southwest corner of N.W. 22nd Avenue (Gateway Boulevard)
and Congress Avenue
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.
F. PROJECT NAME:
AGENT:
OWNER:
LOCATION:
Lisa Tropepe, Civil Engineer, represented the applicant. This outparcel is in the northwest corner of
the Target Shopping Center. The applicant has received all the necessary engineering permits
including Palm Beach County Land Development Engineering Division and Palm Beach County Public
Health Unit. The applicant has agreed to accept the balance of staff's comments which will be
addressed at the time of building permit. All Code requirements have been met. With regard to the
parking space requirements, the applicant has exceeded the requirement by 35 spaces and increased
the green space area by four times the requirement. They have tripled the amount of trees required
on the site. This proposed building will be compatible with the color of the adjacent buildings in the
Target Shopping Center.
Commissioner Jaskiewicz pointed out a discrepancy between the staff report and the applicant's request
relative to the number of seats. The staff report indicates 222 seats, while the applicant indicates 225.
Ms. Tropepe stated that their site plan shows 225 seats.
Ms. Heyden advised that there have been concerns expressed from tenants in the shopping center.
This outparcel was part of the Target Shopping Center, was preplanned, and it is considered to be
vested. The proposed building will be compatible with surrounding buildings in the center. Staff
recommends approval of the project subject to staff comments.
25
Wi'
w
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
OCTOBER 17, 1995
Vice Mayor Bradley questioned the reason for the additional landscaping. Ms. Tropepe explained that
this outparcel is beautifully landscaped at the present time. There are existing trees and shrubs that
meet the Code requirements; however, the owners of Carrabba's wish to provide additional
landscaping around the restaurant and the perimeter of the parcel because they feel it is a good
marketing tool.
Mayor Pro Tem Matson confirmed that there will be 225 seats in the restaurant.
Motion
Mayor Pro Tem Matson moved to approve American Development Corporation's request for site plan
approval to construct a 6,238 square foot, 225 seat, one-story restaurant on a 1.617 acre outparcel at
the Target Shopping Center subject to staff comments. Vice Mayor Bradley seconded the motion which
carried 4-0.
G. PROJECT NAME:
AGENT:
OWNER:
LOCATION:
DESCRI PTION:
UPS Communication Data Center
Collene W. Walter - Kilday & Associates, Inc.
GR Palm Associates
3800 South Congress Avenue
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.
This item was moved up on the agenda, and addressed earlier.
H. PROJECT NAME:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
UPS Communication Data Center
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 existing
vehicle use area located between the south property line and the
existing building.
This item was moved up on the agenda, and addressed earlier.
I. PROJECT NAME:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
RaceTrac Service Station at Shoppes of Woolbright PCD
Anna Cottrell - Basehart & Cottrell, Inc.
RaceTrac Petroleum lnc.
Northwest corner of S.W. 8th Street & Woolbright Road
TIME EXTENSION - Request to grant a five (5) month retroactive and
a one (1) year time extension for site plan approval and concurrency
exemption.
26
3uS,
~
REQUEST FOR PUBLISHING
LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS
A completed copy of this routing slip must accompany any request to
have a Legal Notice or Legal Advertisement published and must be
submitted to the Office of the city Attorney eight (8) working days
prior to the first publishing date requested below.
ORIGINATING DEPARTMENT: Planninq and Zoninq Department
PREPARED BY: Michael Haaq
DATE PREPARED: September 12. 1995
BRIEF DESCRIPTION OF NOTICE OR AD: City Commission meetinq October
17. 1995 - ParkinG Lot Variance - UPS Communications Data Center at
REL Industrial Development. 3800 South Conqress Avenue
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type
Size, Section Placement, Black Boarder, etc.)
STANDARD LEGAL AD
SEND COPIES OF AD TO: All property Owners within 400 feet of
property. applicant and Director of Planninq and Zoninq.
NEWSPAPER(S) TO PUBLISH: To be determined by City Clerk
DATE{S) TO BE PUBLISHED: To be determined by City 9lerk
APPROVED BY:
C /J;t~
(1) "'C:/~ ~
(Department d)
~..r9~
/ (Date)
( 2 )
(City Attorney)
(Date)
( 3 )
(Date)
(City Manager)
RECEIVED BY CITY CLERK:
COMPLETED:
~. LelJltlNoT_. UFoS
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the city Commission of the CITY OF BOYNTON BEACH,
FLORIDA, shall meet at 7:00 P.M. on Tuesday, October 17, 1995, at city Hall
commission Chambers 100 East Boynton Beach Boulevard, Boynton Beachl to
consider an application for a PARKING LOT VARIANCE on the following described
property:
Applicant:
Owner:
Location:
Variances
Requested:
Nature of
Variances
Requested:
Use:
Legal
Description:
United Parcel Service Communications Data Center at REL
Incorporated Industrial Park
GR Palm Associates
3800 South congress Avenue
Chapter 23 - Parking Lots, Article I, Section 2.F. Scope
of the Land Development Regulation (applicability). When
an existing parking lot is expanded by twenty-five (25)
per cent or more in parking stalls beyond what was
originally approved.
To allow the existing southern parking area at this
location to remain "as is" for future tenant use.
UPS Communications Center
A PARCEL OF LAND IN PORTION OF THE SOUTHWEST ONE-QUARTER
(SW 1/4) OF SECTION 5, TOWNSHIP 46 SOUTH, RANGE 43 EAST,
PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER
OF SAID SECTION 5; THENCE RUN NORTH (THE WEST LINE OF
SECTION 5 IS ASSUMED TO BEAR NORTH-SOUTH AND ALL OTHER
BEARINGS ARE RELATIVE THERETO ALONG THE WEST LINE OF SAID
SECTION 5, A DISTANCE OF 110.00 FEET TO A POINT; THENCE
RUN S-890-48'-451l-E, A DISTANCE OF 53.00 FEET TO A POINT
IN THE EAST RIGHT OF WAY LINE OF CONGRESS AVENUE; THENCE
CONTINUE ON THE PRECEDING DESCRIBED COURSE, A DISTANCE OF
1460.21 FEET TO A POINT IN THE WESTERLY RIGHT OF WAY LINE
OF THE SEABOARD COAST LINE RAILROAD; THENCE RUN N-180-21-
01'-58"-E, A DISTANCE OF 390.75 FEET; THENCE N-480-35'-
55"-W, A DISTANCE OF 407.05 FEET; THENCE NORTH A DISTANCE
OF 232.00 FEET; THENCE WEST A DISTANCE OF 455.00 FEET,
MORE OR LESS, TO A POINT IN THE SAID EASTERLY RIGHT OF
WAY LINE' OF CONGRESS AVENUE; THENCE NORTH ALONG SAID
RIGHT OF WAY LINE, A DISTANCE OF 178.66 FEET; THENCE N-
880-51'-44"-E, A DISTANCE OF 2020.80 FEET, MORE OR LESS,
TO THE SAID WESTERLY RIGHT OF WAY LINE OF THE SEABOARD
COAST LINE RAILROAD; THENCE S-180-21'59"-W, ALONG SAID
WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 1170.88 FEET TO
THE POINT OF BEGINNING. SAID PARCEL SUBJECT TO THE
FOLLOWING:
AN EASEMENT OVER THE EASTERLY 110 FEET (AS MEASURED ~T
RIGHT ANGLES TO) THEiREOF FOR FLORIPA POWER AND LIGHT
COMPANY AS RECORDED IN OFFICIAL RECORD BOOK 602, PAGE
623, DATED FEBRUARY 24, 1961.
ARIGHT OF WAY OVER THE WESTERLY 80 FEET OF THE EASTERLY
190 FEET (AS MEASURED AT RIGHT ANGLES TO) THEREOF FOR THE
LAKE WORTH DRAINAGE DISTRICT CANAL NO E-3 1/2 AS RECORDED
IN OFFICIAL RECORD BOOK 1803, PAGE 254.
SAID PARCEL CONTAINING:
32.892 GROSS ACRES
2.953 ACRES IN FLORIDA POWER AND LIGHT COMPANY
EASEMENT
2.144 ACRES IN LAKE WORTH DRAINAGE DISTRICT RIGHT
OF WAY
27.795 NET ACRES