LEGAL APPROVAL
1& City of
$oynton t.Beacli
100 'E. 'lJoynton 'lJeadi'lJou!evara
P.O. 'lJo:t310
'lJoynton 'lJeadt, :.FforUfa. 33425-0310
City :HaU: (561) 375-6000
:.FfJlX: (561) 375-6090
~"-------.::-
November 6, 1997
Kevin McGinley
1300 N. Congress Avenue, Suite C
West Palm Beach, FL 33409
Re: Fidelity Federal Bank
File number: ZNCV 97-006, Case No. 240 (sign setback)
Location: 1501 Corporate Drive
Dear Mr. McGinley:
Enclosed is the City of Boynton Beach development order verifying the City Commission's
approval of your request for a sign setback variance.
Should you have any questions regarding this matter, please feel free to contact this office at
(561) 375-6260.
Sincerely,
/f '0\/" /
^- a~L~~: lV-IlA?/rl..!A'_"ljJ.7V1~
.....: 0;
Tambri J. Heyden, AICP
Planning and Zoning Director
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Attachment
Xc: Central File
J:\SHRDATA\Planning\SHARED\WP\PROJECTS\Fidelity Federal Bank\Dev Order letter.doc
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OEVELOPMENT ORDER
.TV ( BOYNTON BEACH, FLOF\..JA
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PROJECT NAME: Fidelity Federal Bank
APPLICANT: Kevin McGinley
APPLICANT'S AGENT: Kevin McGinley
APPLICANT'S ADDRESS: 1300 N. Congress Avenue, Suite C, West Palm
PlANNING AND
EPT
DATE OF HEARING BEFORE CITY COMMISSION: October 21, 1997
TYPE OF RELIEF SOUGHT: Zoning Code Variance (required setback)
LOCATION OF PROPERTY: 1501 Corporate Drive, Boynton Beach, FL.
DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO.
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
--2L HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "B" with notation "Included".
4. The Applicant's application for relief is hereby
--2L GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
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EXHIBIT "A"
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EXHIBIT "B"
Conditions of Aooroval
Project name: Fidelity Federal Bank
File number: ZNCV 97-006, Case No. 240
Reference: Zoning Code Variance aDolication dated 9/9/97.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
1. DENIED. X
ADDITIONAL CITY COMMISSION CONDITIONS
2. Overturned Planning and Development Board denial. X
TJH:dim
S:\PLANNING\SHARED\WP\PROJECTS\FIDELITY FEDERAL BANK\COND. OF APPROVAL.DOC
MINUTES
PLANNING AND DE:" r::LOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
OCTOBER 14, 1997
A. Report from the Planning and Zoning Department
1. Final City Commission Disposition of the agenda items from
the last Planning and Development Board meeting
Ms. Heyden advised the board that as of July, items to be ratified by the City
Commission are placed on the Consent Agenda. At their last meeting, the City
Commission approved Clear Copy as submitted.
2. Dillards
Ms. Heyden advised that Dillards has decided to move into the Boynton Beach Mall
where Mervyns used to be located. Since the site plan has been approved by the board
a year ago, they decided to scale down the store. However, it meets the criteria for a
minor site plan modification and will not come back to the board. The elevations were
submitted to the board as part of the site plan application. Staff has scrutinized the
elevations. The applicant has not changed anything other than shrinking the building a
little. The applicant will not be building a parking garage; however, the parking under
the garage that was part of the original approval will still be pavement.
Mr. Aguila inquired about the archway. Ms. Heyden advised that it will stay exactly like
the board approved it.
6. OLD BUSINESS
None.
7. NEW BUSINESS
A. Public Hearings
Zoning Code Variance
1.
Project:
Agent:
Owner:
Location:
Description:
Fidelity Federal Bank
Kevin McGinley
611 Ltd., c/o Dan Goebel, President
1501 Corporate Drive (Fidelity Federal Bank)
Request to allow a 5 foot variance from the
required setback of 10 feet for a monument
sign.
All those who planned to testify this evening were sworn in by Attorney Pawelczyk.
Mr. McGinley was present to answer any questions.
3
MINUTES
PLANNING AND tJ.... _ ELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
OCTOBER 14,1997
Chairman Wische opened the public hearing; however, no one wished to address this
item.
Mr. Aguila thinks the sign could be moved back further. He wondered how much of this
is a sign visibility issue versus a drainage easement issue.
Mr. Dube felt a hardship is involved in moving the sign; however, he felt the hardship
was self-imposed. He asked Mr. McGinley if he has quotes on how much it is going to
cost to move the sign.
Mr. McGinley did not know how much it would cost to move the sign; however, he
pointed out that it is a substantial monument sign, and the swale starts right on the
southern edge of the sign. The sign company that installed the sign no longer works for
them. The thrust of his involvement was whether or not it is a health, safety and welfare
issue, if the sign detracted from the integrity of the site, and if it imposed a threat to
traffic. The conclusion was that it is not. He requested that the board approve this
request.
Motion
Mr. Reed moved to approve the request to allow a five-foot variance from the required
setback of 10 feet for a monument sign for Fidelity Federal Bank. Mr. Aguila seconded
the motion for the purpose of discussion.
Mr. Aguila felt the sign could be moved back five feet. It will be within the beginning of
the swale, but there are hundreds of ways to support that sign without affecting the
practical functional purpose of the swale. There is a reason for a ten-foot setback on
such a busy road for signage. One of the reasons is the proximity to the traffic. He was
concerned about being partially liable if somebody hit that sign. He pointed out that this
is becoming a very busy intersection. He felt they should comply with the Code.
Mr. Rosenstock concurred with Mr. Aguila and could not support this motion. He felt
that a five-foot sign of this type adjoining a main artery, which is becoming busier, is a
hazard.
Mr. Friedland felt the sign could be moved back without a great deal of expense.
Chairman Wische respected Mr. Aguila's opinion as an architect.
The motion failed 6-1. Mr. Reed was the only member to vote in favor of the motion.
4
MINUTES
PLANNING AND DL _ _OPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
OCTOBER 14, 1997
Motion
Mr. Dube moved to deny the variance to Section 5, Setbacks, requested by Fidelity
Federal Bank. Mr. Aguila seconded the motion, which carried 6-1. Mr. Reed cast the
dissenting vote.
B. Site Plans
New Site Plan
1.
Project:
Agent:
Owner:
Location:
Description:
Guardian Storage
Gregory Miklos
William H. Baker, c/o William F. Kouch, Jr.
Northeast corner of Congress Avenue and
S.W. 35th Avenue
Request for site plan approval to construct a
77,622 square foot mini-warehouse complex
on a 3.78 acre parcel of land.
Mr. Miklos was present to answer any questions. He agreed to all the staff comments.
Mr. Aguila referred to the landscape plan and the entrance that is the most commonly
used public entrance between buildings "A" and "E". He would like the foundation
planting continued along the south side of building "A" and the west side of building "E",
consistent with the rest of the landscape material. He pointed out that It is a focal point
and felt it needs to look a little nicer. Mr. Miklos agreed to the additional foundation
planting.
Mr. Aguila inquired about the elevations of the buildings on 35th Avenue and Congress
Avenue. Mr. Miklos advised that the half-wrung columns are about 12 inches and are
going to project at least six inches beyond the face. He circulated color chips of the
three colors of the building.
Mr. Rosenstock asked if Mr. Miklos is affiliated with the other storage company in that
area. Mr. Miklos stated that he is not affiliated with any other storage company in the
area.
Motion
Mr. Aguila moved to approve the new site plan for Guardian Storage located at the
northeast corner of Congress Avenue and S.W. 35th Avenue, subject to staff comments
and the addition of additional foundation planting landscaping on the south side of
building "A" and the west side of building "E". Mr. Dube seconded the motion, which
carried unanimously.
5
~
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the following application has been made to the PLANNING AND
DEVELOPMENT BOARD of the CITY OF BOYNTON BEACH, FLORIDA, for a hearing as indicated, under
and pursuant to the provisions of the Land Development Regulations of said City:
Case NO.240
Owner:
Fidelity Federal Bank
Requested
Variance:
Request for a variance from the City of Boynton Beach Land Development Regulations,
Chapter 21 - Signs, Article III, Section 5 - Setbacks, to allow a 5 foot variance from the
required setback of 10 feet for a monument sign.
Location:
1501 Corporate Drive
Legal
Description:
Being all of parcel 2, Boynton Commerce Center according to the plat thereof as recorded in
plat book 46, pages 126 and 127 of the public records of Palm Beach County, Florida
Together with appurtenant easement rights under easement agreement dated September
21, 1984 and recorded in official record book 4373, page 718 in said public records.
Containing 2.861 acres, more or less
Use: bank
A PUBLIC HEARING before the Planning and Development Board will be held relative to the above
application at City Hall, Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida,
on Tuesday, October 14, 1997 at 7:00 P.M.
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 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
PLANNING AND ZONING DIVISION
(561) 375-6260
PUBLISH: October 4, 1997
S: \projects\FidelityF ederaIBank\LGL-CASE240
c: City Manager, City Attorney, City Commission, Planning, Files
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the following application has been made to the PLANNING AND
DEVELOPMENT BOARD of the CITY OF BOYNTON BEACH, FLORIDA, for a hearing as indicated, under
and pursuant to the provisions of the Land Development Regulations of said City:
Case No.240
Owner:
Fidelity Federal Bank
Requested
Variance:
Request for a variance from the City of Boynton Beach Land Development Regulations,
Chapter 21 - Signs, Article III, Section 5 - Setbacks, to allow a 5 foot variance from the
required setback of 10 feet for a monument sign.
Location:
1501 Corporate Drive
Legal
Description:
Being all of parcel 2, Boynton Commerce Center according to the plat thereof as recorded in
plat book 46, pages 126 and 127 of the public records of Palm Beach County, Florida
Together with appurtenant easement rights under easement agreement dated September
21, 1984 and recorded in official record book 4373, page 718 in said public records.
Containing 2.861 acres, more or less
Use: bank
A PUBLIC HEARING before the Planning and Development Board will be held relative to the above
application at City Hall, Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida,
on Tuesday, October 14, 1997 at 7:00 P.M.
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 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
PLANNING AND ZONING DIVISION
(561) 375-6260
PUBLISH: October 4, 1997
S:\projects\FidelityFederaIBank\LGL-CASE240
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 two (2) working days
prior to the first publishing date requested below.
ORIGINATOR: PlanninQ and Zoninq
PREPARED BY: Jerzv Lewicki
DATE PREPARED September 19. 1997
BRIEF DESCRIPTION OF NOTICE OR AD: PlanninQ and Development Board HearinQ Notice for Case
No. 240 (meetinQ October 14. 1997) Fidelitv Federal Bank in Bovnton Commerce Center (zoninQ code
variance from the required setback requirements for a monument siQn).
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 (postmarked no later than
October 3. 1997). applicant and Director of PlanninQ and ZoninQ.
NEWSPAPER(S) TO PUBLISH: The Post
DA TE(S) TO BE PUBLISHED: October 4. 1997
LAST DATE TO FAX TO NEWSPAPER October 1.1997 at 3:00 P.M.
APPROVED BY:
/'" t! Q -7 ) 1/
(1) _----J~vt1 ~,..,J
(Originator) Y - I
(Date) 9/!~ 91
(2)
(City Attorney)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
S:\projects\Fidelity Federal Bank\LGL-Case240
DEVELOPMENT SERVICES DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. 97-462
TO:
FROM:
Sue Kruse
City Clerk
Tambri J. Heyden, AICP 1jil
Planning and Zoning Director
DATE:
September 19, 1997
SUBJECT:
Fidelity Federal Bank
Case NO.240
File No. ZNCV 97-006 (Zoning Code Variance from sign setback requirements)
Accompanying this memorandum you will find one (1) copy of the application and related documentation
for the above-referenced case. A check in the amount of $400.00 to cover the review and processing of
this application has been forwarded to the Finance Department.
The legal advertisement for same has been prepared for the October 14, 1997 Planning and
Development Board and will be forwarded to your office after review by the City Attomey.
T JH:bme
Attachments
s:\projects\Fidelity Federal Bank\LGL-CASE 240
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