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LEGAL APPROVAL DEVELOPMEk. ')RDER OF THE CITY COMMISS(l".-4 OF THE CITY OF BOYNTON BEACH, FLORIDA . PROJECT NAME: Orchard Landing APPLICANT'S AGENT: M. Jeffrey Semko APPLICANT'S ADDRESS: 1815 High Ridge Road, Lake Worth, Florida 33461 DATE OF CITY COMMISSION PUBLIC HEARING: November 4, 1998 ___ _..._' __~~..,... .__...~~....... _H'~ _.. ~,.~..._~"-~C>.""""Q.- ..,' F ~!r;' .' ( r -" .....-.--.~...~....~ ...........,.. .". :,.~<'..-...-...". ,~ TYPE OF RELIEF SOUGHT: Zoning Code Variance (minimum frontage) LOCATION OF PROPERTY: East side of U.S. 1 approximately 185 feet south of Golf Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR 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 X 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 "C" with notation "Included". 4. The Applicant's application for relief is hereby X 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 ,\ \\ \\ \111111"'/1 \\\ "'O"~ II/.- ~':t' '\.... .. tvJ-, '~ ., 0 ......... 0 z. ~.... \ .- en..... -.. "A. 'l ....... L .._.....\..1 . o~. -y ~ -,...."",.~ ...., ... {} .' 'lo.,: :,.\.. t33 ':::. ==: 11' ~ rn ::: =: 0: > = = ~1 in; ~ .... 920 .I::J: ~ 1"... -"''' a_. _. ...... .;:: 0/ <. ........ :;::. ~I O.IT/DA ~~ '/1// \\\" /1/11111111\\\\\' DATED: //~/f'e ~~~~~/?~~ City Clerk J:\SHRDA TA\Planning\SHARED\WP\PROJECTS\Orchard Landing\ZNCV 98-011\Oevelopment Order - zncv.doc EXHIBIT "D" Conditions of Approval Project name: Orchard Landing File number: ZNCV 98-011, Case No. 258 Reference: Zoning Code Variance Application dated 7/28/98. 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 FORE S TER/ENVIRONMENT ALIST Comments: NOlIe X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. It is recommended that this request be denied. X ADDITIONAL CITY COMMISSION CONDITIONS 2. Property shall not be built in excess of 20 units. X MWRJdim J:ISHRDATAIPLANNINGISHAREDlWP\PROJECTSIORCHARD LANDINGIZNCV 98.o11ICOND. OF APPR-ZNCV.DOC MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH. FLORIDA NOVEMBER 4.1998 1. Proposed Resolution No. R98-182 Re: Ratification of South Central Regional Wastewater Treatment and Disposal Board Action of October 15, 1998: a. Authorization to expend $8,500 from Sinking Fund to replace #1 RAS Motor "B" Plant 2. Proposed Resolution No. R98-183 Re: Approve Water Service Agreement for YMCA of South Palm Beach County dba YMCA of Boca Raton 3. Proposed Resolution No. R98-184 Re: Authorizing the Mayor to sign a one-year lease (June 1, 1998 to May 31, 1999) for City Hall in the Mall with Boynton JCP Associates, Ltd., a Florida Limited Partnership 4. Proposed Resolution No. "R98-185 Re: Approving the first addendum to Gateway Interlocal Agreement with Palm Beach County At Commissioner Titcomb's request, Resolution C.4 was removed from the Consent Agenda for commentary. O. Ratification of Planning & Development Board Action: 1. Orchard Landing (M. Jeffrey Semko) - East of US #1 approximately 185' south of Golf Road - Request for variance approval to allow a 75' reduction from the required 100' minimum lot frontage requirement; a reduction to 25', in preparation for construction of 20 condominium units on flag-shaped parcel (TABLED ON 9/15/98- KEEP ON TABLE UNTIL 11/4/98) Attorney Cheraf requested that Item 0.1 be removed from the Consent Agenda for discussion. 2. Ridgeway Plumbing (Robert Fetrow, PE) - 640 East Industrial Avenue - Request for major site plan modification approval to construct 18,475 square foot addition 3. Ridgeway Plumbing (Robert Fetrow, PEl - 640 East Industrial Avenue - Request for appeal from Chapter 7.5. Article II, Landscape Code, Section 5(E) to avoid placing a perimeter landscape buffer 7 MErnNG MINUTES REGULAR CITY tOMMISSION BOYNTON BEACH, flORIDA OCTOBER 6, 1998 13. Proposed Resolution No. R98-169 Re: Approving and ratifying the collective bargaining agreement between the City of Boynton Beach and the Boynton Beach Association of Firefighters, IAFF Local 1891, for the contract term commencing October 1, 1997 through September 30, 1998 and authorizing the Mayor to execute a Letter of Understanding accompanying said contract bargaining agreement 14. Proposed Resolution No. R98-170 Re: Authorizing and directing the Mayor and City Clerk to execute an interlocal agreement between the City of Boynton Beach and the Solid Waste Authority of Palm Beach County, providing for municipal recycling and grant management 15. Proposed Resolution No. R98-171 Re: Ratifying the hiring of an Assistant City Attorney and authorizing the Mayor and City Attorney to enter into an appointment contract with Nicholas I. Igwe Item IV-C.15 was added to the Consent Agenda during agenda approval. D. Ratification of Planning & Development Board Action: 1. Orchard Landing (M. Jeffrey Semko) - East of US #1 approximately 185' south of Golf Road - Request for variance approval to allow a 75' reduction from the required 100' minimum lot frontage requirement; a reduction to 25', in preparation for construction of 20 condominium units on flag-shaped parcel (TABLED ON 9/15/98 - KEEP ON TABLE UNTIL 11/4/98) 2. Star-All - North of. Boynton Beach Boulevard, west of 1-95 on Industrial Way - Request site plan approval to construct an 84,830 square foot self- service storage facility on a 4.353 acre parcel of land - TABLED TO 10/06 3. Fidelity Federal- (2505 Woolbright Road; northeast comer of Woolbright Road and Congress Avenue) - Undsey Walter, Kilday and Associates, Inc. - Request for site plan approval to construct a 4,200 square foot bank building and Associated parking on a 1.02 acr.' parcel of land. At Commissioner Denahan's request, Item D.3 was removed Trom the Consent Agenda for discussion. 4. Auto Care Centers of America (Southeast comer of Woolbright Road and Congress Avenue) - Annette Stauffer, Sign Craft - Request approval for sign program (TABlED TO ~O/O6) At Commissioner Titcomb's request, Item 0.4 was removed from the Consent Agenda for discussion. 7 MEEnNG MINUTES REGULAR CITY COMMISSIOI'4 BOYNTON BEACH, FLORIDA SEPTEMBER 15, 1998 3. Orchard Landing (M. Jeffrey Semko) - (East of US #1 approximately 185' south of Golf Road) - Request for variance approval to allow a 75' reduction from the required 100' minimum lot frontage requirement; a reduction to 25', in preparation for construction of 20 condominium units on an irregularly-shaped parcel Item IV-D.3 was removed from the Consent Agenda at the request of Vice Mayor Jaskiewicz. 4. Golfview Harbour 3rd Section Plat (City of Boynton Beach) - (Southeast corner of south Congress Avenue and SW 23rd Avenue) - Request for approval of abandonment of utility and drainage easements lying in Block 18, together with the utility easement lying between Lots 35 and 36, and drainage easement lying between Lots 28 and 29, both of Block 16, located in a portion of the plat of Golfview Harbour 3rd Section 5. Original Pancake House (Hendrik DeMello) - (Northside of Gateway Boulevard, immediately east of the Hampton Inn) - Request for variance approval to reduce the required side setback from 20' to 16' to allow sufficient space for a proposed restaurant and required parking Item IV-D.S was removed from the Consent Agenda at the request of Vice Mayor Jaskiewicz. 6. Original Pancake House (Hendrik DeMello) - (Quantum Park - Lot 1) - Request for site plan approval to construct a 4,710 square foot restaurant on a 1.15 acre parcel of land and associated parking Item IV-D.6 was removed from the Consent Agenda at the request of Commissioner TItcomb. 7. Semsco International Office/Warehouse (Ron Last of Lawson, Noble and Webb, Inc.) - (Lot 15, High Ridge Commerce park)- Request for site plan approval to construct a 4,487 square foot office/warehouse building and associated parking on a 1.27 acre parcel of land 8. Auto Care Centers of America (Annette Stauffer, Sign Craft) - (Southeast corner of Woolbright Road and Congress Avenue) - Request approval for sign program E. Approval of Bills F. Approve direct purchase and prepayment of HVAC equipment from Trane Corporation for the 1913 Schoolhouse 5 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 15, 1998 G. Approve Code Compliance Board action to reduce the lien in Case #97- 3346 from $5,300 plus administrative costs to $1,000 plus administrative costs for a tota~ of $1,730.15 for Next Boynton Development - TABLED ON 9/3/98 Item IV-G was removed from the Consent Agenda at the request of Commissioner Denahan. H. Approve Code Compliance Board action to reduce the lien in Case #97- 3347 from $5,300 plus administrative. costs to $730.15 for Next Boynton Development - TABLED ON 9/3/98 Item IV-H was removed from the Consent Agenda at the request of Commissioner Denahan. I. Approve Code Compliance Board action to reduce the lien in Case #97- 3379 from $5,300 plus administrative costs to $730.15 for Next Boynton Development- TABLED ON 9/3/98 Item IV-I was removed from the Consent Agenda at the request of Commissioner Denahan. J. Approve request submitted by Elliott Williams, 1998 American Heart Walk Chair, to hold the Boynton/Delray Beach Heart Walk on Saturday, October 3, 1998 beginning and ending at Motorola from 7:30 a.m. to 11:00 a.m. K. Approve request submitted by Bruce Black seeking permission to close West Ocean Avenue from Seacrest to 1st Street in order to have a block party on Saturday, September 19, 1998 L. Approve "Search for the Stars" Musidest and Block Party on October 2, 1998 from 6:00 p.m. until midnight in the 500 Block of East Ocean Avenue M. Approve SHIP funds in the amount of $14,500 to Catherine Allen, a first time homebuyer, to purchase the property located at 318 NE 20th Avenue ~ Motion Commissioner Titcomb moved to approve the Consent Agenda with the exceptions of Items IV.D.l, IV-D.2, IV-D.3, IV-D.5, IV-D.6, IV-G, IV-H and IV-I. Commissioner Denahan seconded the motion that carried 4-0. CONSENT AGENDA ITEMS FOR DISCUSSION-=- When Vice Mayor Jaskiewicz indicated that she wanted to discuss Item IV-B2, Mayor Taylor requested a motion to remove that item from tl)e Consent Agenda. 6 --- -~_.._--~~ ------------------~